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1958 August Council ProceedingsRegular Session, August 4,198 345 (IiY COUNCIL OFFICIAL Regular Session, August 4, 1958. Council met at 7:30 P. M. Present -Mayor Welu, Coun- cilmen Freund, Kintzinger, Schuel- ler, Takos. City Manager Schiltz. Mayor Welu read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. Proof of Publication, certified to by the Publisher, of notice of public hearing on the Budget Es- timate of expenditures for the year beginning January 1, 1959 and ending December 31, 1959, presented and read. Councilman Freund moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. CITY BUDGET ESTIMATE NOTICE-The C1ty council of Dubuque of Dubuque County, Iowa ll t Cit H ill t A t 4th 1968 t 7 80 P M . . a y a mee ugus , a : . w Taxpayers will be .heard for or against the Sollowt ng estimate of ezpenditures for the year beginning January 1, 1959. A detailed statement of recelpta and disbursements, both peat and antletpated will be available at the hearing. LEO F. FROMMELT It 7-82 City Cl erk 8 4 6 i 1 1 ~ qq ~ m ~~w S m~ EEpflnditnre8 yo, q Ae, ~ ~ a; ~Aw ~ ~~ 8'or Year ®~~ D~ ~, ~F a m~ a C L V11Vi:1 Ig61rl p,qN fl'd ^~ w mNM ~MM ~A~ aa5 ~ma ~~,~ ya~ U h For 966 I For ~m 19b7 ~ a~p~ti W ~ wpF ooH f~ ~ ~ (}enersl ......1 137,4781 194,8361 82b,b081 269,0511 60,000] 93.0501 118,001, 1 Street ..........1 91,8101 183,0691 173,2481 244,085 41,8101 12,0501 190,206' 1 S tety »......I 118,367 868,8011 880 8821 799,0971 40,0001 130,6001 888,637 Sanitation I 63,8411 272,8841 649,21b1 662,9261 1 286,1921 296,738 EnteepTtse ~ 16b,9881 274,7281 177,072+ 297,038 64,776 69,8821 172,979 Recreation I 62,9921 229,8421 201,8801 252,6791 38,4081 5b,3881 158,803 Utn[tles ....I 61,88911,989.6771 897,9771 896,2601 40,0001 669,8601 87,000 D8 t .Bern-~ 86,1841 828,926 1 239,167 294,0601 11,000 1,7601 231,810 1I nd 900 46b1 214 318 1 l 1 0001 10 2821 188,038, 21 , 1 168,017 ... 1 64,866 Age cy . , , 1 , Street l ((Road Uae) I 266,861 Taz) ............ E1,048 SSO,i89 I 219,OD0 11,046 207,964 _ I profltr ..........I 18,87E 50,0001 64 OOOI 64,000 ~ b4,0001 Parking Meter and Parking ~ Lots .............. 170,8831 631,E81 180,747 882,000 81,883 160,19 I II 11 1261 1 ~ 1 1 I [ I 12b1 1 Land) (Agr 1 I I t l l J easement) Ezpen~) ....I 7,888( 88,701f 82,480 17,618 6,000 126 18,38T Totals .......11,014,70?14,951,44013,968,68014,101,9b0 403,92211,620,91012.077,118 444.4D of assessed value =31.87 Eatlmated Taxes per 31 , Taxable valuation (1957) .................. (1967) nd l l l ......... 84,426,E78 ~ 12b,269 ............... . a s tura Taxable valuation agricu »»......,... 8 M111 14,508,302 Moneys and credlta (1967) .....,.....» ........................ ................ ... 8 Mill 1,696,389 lt, 7-21 ~r i 348 Regular Session, August 4,1958 August 1, 1958 Honorable Mayor and City Council City Hall, Dubuque, Iowa. Gentlemen: The Tax Study Committee of the Dubuque Chamber of Com• merce has reviewed the 1959 bud- get for the City of Dubuque and reported to the Board of Direc• tors of the Chamber. The com• mittee report has been favorably received and the Chamber Board has directed this means to ad• vise you of our support of the budget. For your information, the com• mittee spent a great deal of time analyzing the budget, and care- fully considered all factors in- cluding the so-called recession, wage trends, continuing present services and providing police, fire and health protection to the com• munity, Budgeted capital improvement items insuring the orderly pur• chase, on a pay-as-you-go basis, of property necessary for future improvements was recognized as realistic and farsighted. The committee gave consider- able thought to the fact that many of the items in the budget were recommended by some forty mem• hers of the various Boards and Commission, representing all seg• ments of the community, who give freely of their time and effort without compensation and hope of reward except the knowledge of a job well done. They found the cost of City Gov ernment in Dubuque is one of the lowest per capita in the State of Iowa for cities of comparable size and no city surpasses Dubuque in the quantity and quality of services rendered to its citizens. Dubuque is a progressive and growing city and municipal gov- ernment and the service it gives should keep pace with that growth. We are of the opinion this bud• get is consistent with the needs and plans of the City and should be approved and we so recom• mend. Yours very truly, DUBUQUE CHAMBER OF COMMERCE By Thomas B. Schmid President Councilman Freund moved that the publication be received and filed. Seconded bq Councilman Kintzinger. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Mrs. Cora Breithaupt, Car t Heathcote, R. F. Sefzik, and Charles Spielman addressed the Council making various objec- tions to items in the budget. RESOLUTION N0. 167.58 WHEREAS, the Council of the City of Dubuque caused to be prepared and published as pro• vided by lays the Budget Estimate of Expenditures for the fiscal year beginning January 1, 1959 a n d ending December 31, 1959 and the hearing upon said Budget Esti- mate was fixed for the 4th day of August, 1958, at 7:30 P, M, at the Council Chamber of the City Hall; and WHEREAS, this being the time and place for said hearing said Budget Estimate was taken up for final consideration by the Coun- cil and all parties in interest have been given the opportunity to be heard for or against said Budget Estimate. IT IS THEREFORE RESOLVED BY THE CITY COUNCI, for the City of Dubuque, Iowa: That the Budget Estimate of Expenditures for the fiscal year beginning January 1, 1959 and end- ing December 31, 1959, hereto- fore prepared and published be and the same is hereby finally approved and adopted and t h e Mayor and Clerk are directed to certify the same to the County Auditor of bubuque County, Iowa, together with the verified proof of publication and the notice of hearing upon said Budget Esti• mate. BE IT FURTHER RESOLVED that the taxes required to be col- lected in the year be and the same are hereby levied in the various funds in the amounts in said Budget Estimate. Passed, adapted and approved this 4th day of August, 1958. CLARENCE P. WELU Mayor Regular Session, August 4,1958 347 GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen r Freund, Kintzinger, Schueller. Neys-Councilman Takos. t' RESOLUTION N0. 168.58 A Resolution establishing t h e tax levies for the year 1958, the taxes to be collected in the year 1959 and used for municipal pur• poses of the City of Dubuque. BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that there be and there is hereby levied the taxes for municipal purposes for the en• suing year of 1958 of the follow- ing number of mills on the dollar of all taxable property within cor- porate limits of said City. 1.4282 mills for General Fund. 9.5651 mills for Public Safety Fund. 4.5157 mills for Sanitation Fund. 2,8927 mills for Street Fund. 2.6326 mills for Municipal Enter- prise Fund. 2.4168 mills for Recreation Fund. 1.3240 mills for Utilities Fund. .1885 mills for City Assessment. 3,5201 mills for Debt. Service Fund. .7100 mills for Fire Pension Fund. .4838 mills for Fire Retirement Fund. .5593 mills for Police Pension Fund. .3991 mills for Police Retirement Fund. ,2561 mills for Social Security Fund. .3775 mills for Employees Retire- ment Fund (State). BE IT FURTHER RESOLVED that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are accu- pied in good faith and used for agricultural or horticultural pur- poses. BE 1T FURTHER RESOLVED that the Mayor and Clerk be and they are hereby directed to certi• ~~ fy the sums of money that the said tax levies will produce, as shown by the Budget Estimate of Expenditures, adopted by this Council on the 4th day of August, 1958 to the Auditor of Dubuque County on or before August 15th, 1958. Passed, adopted and approved this 4th day of August, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution. .Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller. Nays-Councilman Takos. Petition of Thomas Hennings et al, 261 signers, protesting against increase of water rates, presented and read. Councilman Freund moved that the petition be received and filed. Seconded by Councilman Kintzing• er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Tak• os. Nays-None. R. F. Sefzik addressed the Coun• cil stating that no mains should be laid at the present time in order to keep expenses under control. Mr. John Ewarts of the Trades & Labor Congress made inquiry as to the boosting of sewage rates. He was assured that the sewage rates would remain the same. Cora Breithaupt voiced objection to the increase in water cost on her particular bill. John Wieser addressed the Council objecting to any further water rate increase. Mr. Richard Henschel stated that he liked soft water and realized it costs money to have it. He further stated that the citizens of Dubuque could get 75 gallons of water a day for a nickel on the basis of $1.50 per month for 300 cubic feet. ORDINANCE N0. 5458 An Ordinance fixing and estab• lisping rates to be charged for the 350 Regular Session, August 4,1958 Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were drawn during the month of June 1958, presented and read. Councilman Freund moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ASSIGNMENT To Dubuque Bank and Trust Company, Dubuque, Iowa Wr~;ttEAS, the undersigned has been the successful bidder and has been awarded contracts to improve certain sanitary sewer projects in the City of Dubuque, Iowa, describ- ed in the plans and specifications therefore dated July 11, 1958, which plans and specifications are officially on file in the office of the Clerk of said City, said contract be- ingdated July 11,1958, and execut- ed by the City of Dubuque, Iowa, as party of the first part, and total- ling approximately $103,889.15. WHEREAS, the Dubuque Bank and Trust Company has made a commitment to the undersigned to advance sum not to exceed sev- enty five per cent (75%) of the total of said contracts, more fully described as follows: City of Dubuque 1958 Sanitary Sewer Project No. 1-Bid Section No. 1 City of Dubuque 1958 Sanitary Sewer Project No. 1-Bid Section No. 2 NOW THEREFORE, for value received and for the purpose of securing payment at maturity of the principal and interest of said indebtedness, and of any extension or renewal of the same, and to secure as well all other indebted- ness, now or hereafter owing from the undersigned to said bank, .the undersigned hereby sets aside, as• signs and transfers to said bank certain contracts dated July 11, 1958, to improve certain sanitary sewers in the City of Dubuque, Iowa, described in the plans and specifications tp~eyefore dated July 11, 1958, and on file in the office of the Clerk of said City, for the sum of approximately $103,889.15, for improving certain sanitary sew- ers hereinafter described on said contracts; together with the right to sue for, collect, receive and receipt for the sum represented by said contracts, and to apply the proceeds thereof upon said indebt- edness; which contracts are hereby warranted to be valid, subsisting and collectible, contracts are at- tacked hereto and made a part hereof. Dated at Dubuque, Iowa, this 23rd day of July, 1958. Hennessey Bros. Inc. By M. J. Hennessey, Vice President Dubuque Bank and Trust Company Dubuque, Iowa. Receipt is hereby acknowledged of the above notice and a copy of the above mentioned instruction of assignment. /s/ L. J. SCHILTZ, City Manager, Dubuque, Iowa. Councilman Takos moved that the Assignment be approved and made a matter of record. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays--None. Communication of State Depart- ment of Health issuing permit No. 58.123.5 for the construction of an 8" sanitary sewer in Scenic View Heights No. 2, presented and read. Councilman Schueller moved that the communication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of State Depart- ment of Health issuing permit No. 58-124.8 for the construction of an 8" sanitary sewer in Alta Place, presented and read. Councilman Schueller moved that the communi• cation be received and filed. Sec• onded by Councilman Takos. Car• ried by the following vote: Regular Session, August 4,1958 351 Yeas--Mayor Welu, Councilmen July 30, 1958 Freund, Kintzinger, Schueller, To the Honorable Mayor Takos. and City Council Nays-None, Dubuque, Iowa Communication of R. F. Sefzik submitting a list of objections and questions as to the operation of the City, presented and read. Council- man Kintzinger moved that the communication be referred to the City Manager for a reply. Seconded by Mayor Welu. Carried by the following vote: Yeas--Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Council proceedings for the month of January 1958 were pre- sented for approval. Mayor Welu moved that the council proceedings for the month of January 1958 be approved as printed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of County Audit- or Meloy submitting a petition for suspension of taxes on account of age or infirmity by George Brandt owner of the S'h of Lot 162 in East Dubuque Addition, presented and read. Councilman Kintzinger moved that the petition be referred to the City Manager for investiga- tion and report. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of the U. S. Con• ference of Mayors advising that the Annual Conference of Mayors will be held at Miami Beach and not in New Orleans as originally schedul- ed, presented and read. Councilman Freund moved that the communica- tion be received and filed. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Gentlemen; The complaint of Charles M. Spielman of 1785 Bennett Street relative to construction of garages and sheds into the alley behind his residence was referred to the Council to view the grounds. Upon viewing the grounds the Council found several fences and walls encroaching upon the 20 foot alley, however, in their opinion were not causing inconvenience or obstructions. If and when the alley is graded and resurfaced, the own• ers of the property where obstruc• tions occur would be required to move them. T recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCIi1LTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 31, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; Business places in the vicinity of 18th and Central Avenue have been complaining about parking prob- lems for customers wishing to park close to their places of busi- ness. At the present time parking meters extend north on Central to 18th Street at which point two hour parking zone commences. It is be• lieved that the creation of a two hour parking zone on both sides of East 18th Street from Central Av- enue to White Street would help relieve this condition. It is recommended that both sides of East 18th Street from Cen- tral Avenue to White Street be in• eluded in Schedule N, Section 2 as a part of Section 18.5 of Ordinance i~~~ 352 Regular Session, August 4,1958 No. 33.49 and that the City Solicit- or be instructed to draw a change in the ordinance. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Freund moved that the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 31,1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Thomas A. Mc Andrew and others requesting that Bissell Lane from Dodge Street north be made aone-way street was referred to the City Manager. Upon investigation it was found that several residences and busi- ness places that use this Lane ob• ject to the making of it one-way. The real problem is that commer• cial vehicles use Bissell Lane as a short cut and do not follow the route marked highway. It is recommended that the peti- tion asking for Bissell Lane to be made one-way north bound be de- nied and that the alley be posted prohibiting the use of the lane for through traffic purposes for com- mercial vehicles. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. August 4,1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bonds and . desire to have your approval on same for filing, subject to the ap- proval of the City Solicitor: SIDEWALK Elmer T. Kisting, American Cas- ualty Co. Richard Magnall, Fireman's Fund Indemnity Co. Dasso Construction Company, American Surety Company James Sabers, Western Surety Company HEATING Giese Sheet Metal Company, The Ohio Casualty Ins. Co. Kennedy Furnace and Sheet Metal Works, The Travelers Indem- nity Co. Joseph H. Fecker, Merchants Mu- tual Bonding Co. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Schueller moved that the bonds and policies be filed subject to the approval of the City Solicitor, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. August 4, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Sewage Treatment Plant - Contract No. 3 under contract to G. E. Tillman Company Inc. of Cen- tralia, Illinois, has been completed in accordance with the plans and specifications with the exception of putting the plant in operation and testing various equipment. At this time, it is impossible to operate the plant and test the equipment until the sewage pump- ing station and the force main are completed. The estimate time of completion for the lift station and force main is the month of Septem- ber. I therefore recommend that a semifinal acceptance of the Sew- age Treatment Plant-Contract No. 3 be made with reservations that the final acceptance will be initiat- ed at the time the plant is put in operation and all equipment is Regular Session, August 4,1958 353 tested. I also recommend at this time that asemi-final payment to the contractor be paid at this time with $10,000.00 of the contract price retained plus Item No. P•27 for $2,000.00 which is the contract- ors bid price for putting the plant in operation. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendations of the City Manager be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. August 4, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I recommend that Kenneth Cul• len be appointed city manager pro tem while I am absent from the City during August. This request if approved will eliminate any unnecessary delay in making partial payments to con- tractors who will have payments due. Respectfully submitted, L. J. SCIiII~TZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Second- ed by Councilman Kintzinger. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 31, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of E. M. Kieffer, 27 Gandolfo Street requesting vaca- tion of Peabody Street from Dodge Street northerly to end of street has been considered by the Plan• Wing and Zoning Commission. The Commission recommends that Peabody Street as described above be vacated provided ease- ments are retained for present utIl- ities. The petition does not contain the signature of the owner on the east side of this street and if the petitioner is not successful in securing this portion of Peabody Street he would then be restricted to access to garabe on the rear of his property over his own property. Respectfully submitted, Dubuque Planning & Zoning Commission By R, D. Waller, Acting•Sec'y. Councilman Freund moved that the communication be referred to the City Solicitor to have proper proceedings prepared. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 31, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion has considered the request of Mr. Hubert Melssen and the com- munication of City Council and recommends that the portion of Whittier Street from Lincoln Av- enue to Prescott Street be vacated, provided easements are retained for present utilities. Respectfully submitted, Dubuque Planning & Zoning Commission By R. D. Waller, ActingSec'y. Councilman Freund moved that the communication be referred to the City Solicitor to have proper proceedings prepared for sealed bids. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. July 31, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Charles T. Lan- don et al requesting Vacation of 354 $egular Session, August 4,1958 Alley between Lots 4, 5, 8, 7, and 42 and 43 Grandview Avenue Addi• lion has been considered by the Planning and Zoning Commission. This alley has never been opened for public travel and the Commis- sion recommends that this alley be Vacated provided easements are re• twined for present utilities. Respectfully submitted, Dubuque Planning k Zoning Commission By R. D. Waller, Acting•Sec'y. Councilman Kintzinger moved that the communication be referred to the City Solicitor to have proper proceedings prepared. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays-None. August 4, 195 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have examined the request filed by Frederick Hardt, 990 West 32nd Street, for agricultural exemption on Hardt Place. There has been some delay in reporting to you on this matter because it was necessary to ex- plore several legal questions that were raised. It now appears that this land qualifies for the exemption pro vided by Section 404.15. I therefore recommend t h a t the attached request be referred to the Board of Supervisors of Dubuque County far refunding as an erroneous tax that portion of the City Tax in excess of 1.25 mills. The authority of the Board of Supervisors is contained in Sec- lion 445.60 of the Code. Respectfully, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Julp 31, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The City of Dubuque has ac- quired, through tax title, the fol• lowing described real estate: Lot 2 of the Subdivision of Lot 1 of Lot 1 of Smith Southern Avenue Place in the City of Du• buque, Dubuque County, Iowa; and Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Smith Southern Avenue Place in the City of Dubuque, Dubuque County, Iowa. At the time of the tax sale, Interstate Power Company owned an easement for transmission line across this piece of property. Ordinarily such an easement would be destroyed by the tax sale, but, in view of the fact that the prop- erty of the public utility company is assessed by the State Tax Com- mission and not by the City As- sessor the tax title sale did not, in this instance, destroy the ease- ment. However, the fact of the sale has created a doubt and in order to resolve the same Interstate Power Company has requested that the City grant a new ease- ment in the attached form, which merely confirms the existing ease- ment. I recommend that the request be granted and that after public hearing a new easement be exe- cuted. The Interstate Power Com• pony has agreed to pay the cost of publication in connection with the hearing. Respectfully, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved and that a public hearing be held on September 2, 1958 at 7:30 P.M, in the Council Chambers and t h e Clerk instructed to publish notice of same as required by law. Sec• owded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Regular Session, August 4,1958 355 July 28, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Gerhard and Anna Esser for damages sustained from a backed-up sewer, has been set- tled by the contractor's insurance company and a copy of the re• lease is herewith submitted. Sincerely, T. H. NELSON Councilman Kintzinger moved that the communication be re• ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, July 31, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: At your direction, I have in• vestigated the claim of Miss Paula 0. Blech, for damages sustained when she broke her foot in a fall on the sidewalk on the west side of Twelfth Street between Iowa and Central, After numerous conferences with Miss Blech, as well as in- vestigation by disinterested par- ties, Ifind that this defect existed as claimed and that the injury was sustained. At the time of her claim Miss Blech listed her damage as $950, but healing had not been com- pleted at that time, end it now develops that her out-of•pocket ex- penses total $1,024.07. Miss Blech has offered to ac• cept this amount in full settle- ment of her claim and I recom- mend that the settlement be ap- proved and the Auditor instructed to issue a warrant payable to Paula 0. Blech, in the amount of $1,204: 07, and deliver the same upon re• ceipt of a properly executed re• lease. Respectfully submitted, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved, and the Auditor instructed to draw a warrant payable to Paula 0. Blech in the amount of $1024.07, and deliver the same upon receipt of a properly executed release in full settlement of the claim. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas--Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. Notice of claim of John W. Riley of 1950 Lombard Street is an un• named amount, for car damage sus- twined as the result of striking an open manhole at Loras Blvd. and Atlantic streets on July 31, 1958, presented and read, Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. Notice of claim of W. F. Chand• lee of 284 Alpine Street, in the amount of $22.80, for car damage sustained as the result of striking a protruding manhole on Ever• green Drive on July 13, 1856, pre• sented and read. Councilman Kint• zinger moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Mrs. Roy Curtis et al objecting to changing the name of Althauser Avenue to Terrace Hill, presented and read. Council- man Freund moved that the peti• lion be received and filed. Second• ed by Councilman Takos. Carrled by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. ' Nays-None. Petition of H. J. Conrad request- ing that the name of Althauser Avenue be retained out of respect for the memory of Mr. Althauser, an early pioneer, presented and read. Councilman Freund moved that the petition be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: 356 Regular Session, August 4,1958 Yeas-Mayor Weht, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Edna Althauser Cly mer protesting against changing the name of Althauser Avenue, presented and read. Councilman Freund moved that the petition be received and filed, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. ORDINANCE N0. 48.56 An Ordinance Changing the name of Lenox Avenue to Van Buren Street and Changing the name of Althauser Avenue to Ter- race Hill, same having been passed upon first reading at the meeting of July 7, 1958 and held in the of- fice of the City Clerk pending public hearing, presented for Final Adoption. Councilman Freund moved to delete Section 2 of the Ordinance changing the name of Althauser Avenue to Terrace Hill. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. ORDINANCE No. 48-68 An Ordinance Changing the Name of Lenox Avenue to Van Buren Street. BE IT ORDAINEDTiy the City Council of the City of Dubuque: Section 1. That the name of Lenox Avenue be and the same is hereby changed to Van Buren Street, from University Avenue to Pennsylvania Avenue; Section 2. That the City Clerk be and he to hereby authorized and directed to record a certified copy of this Ordinance in the of- fice of the County Recorder of Du- buque County, Iowa. Section 3. This Ordinance shall be in full force and effect from and after its fins] passage, adop- tion and publication as by law provided. introduced the 7th day of July, 1958. Rule requiring reading on three separate days suspended by unani- mous vote the 7th day of July, ls5a. Passed by recorded roll call vote, adopted and approved this 4th day of August, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKO$ Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 8th day of August, 1958. LEO F. FROMMELT City Clerk. 1 t. 8.8 Councilman F{intzinger moved the adoption of the Ordinance. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. ORDINANCE N0. 57.58 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34, designated Zoning Ordinance of the City of Dubuque so as to change all of Lots 275, 276, 277, 278, 365, 366, 367 and 368 Davis Farm Addition from Multiple Family Residence District Classification to Local Bus- iness District A Classification, pre- sented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Welu, Council- men Freund, Kintzinger, Schuel- ler, Takos. Nays-None. Councilman Freund moved that a public hearing be held on the Ordinance on September 2, 1956 at 7:30 p.m. in the Council Cham- ber and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• keS. Nays-None. Regular Session, August 4, 1958 357 DOCK BOARD ORDINANCE No.1.58 An Ordinance Establishing No Parking Areas on Streets and Property under Dock Board Juris- diction. Be It Ordained by the Dock Board of the City of Dubuque: Section 1. That the following areas are designated as "No Park- ing Areas" in accordance with the provisions of Section 9 of Or- dinance No. 41-57 of the City of Dubuque: a. The Boat Landing Ramp at the foot of East First Street; b. Both sides of East First Street from Water Street to Terminal Street; c. The east side of Terminal Street from the south edge of the Boat Landing Ramp to a point 100 feet south of the south edge of the Boat Landing Ramp; d. The Boat Landing Ramp at the foot of Hawthorne Street and its approach; Section 2. That no vehicle shall park upon the portions of Haw- thorne Street and Lake Street ly- ing south of the south line of Block One of River Front Sub- division No, 3, except that boat trailers and their towing vehicles may be parked on such portions of such street where parking is not otherwise prohibited; Section 3. That the Dock Board Manager be and he is hereby au- thorized and directed to post signs at said areas giving notice of the prohibitions contained in this Or- dinance; Section 4. That the Secretary be and he is hereby directed to cause a certified copy of this Ordinance to be transmitted to the City Clerk and to keep a copy of the same posted in a conspicuous place in the offices of the Dock Board, and to publish the same in the manner provided by law. Passed and adapted this 16th day of July, A. D. 1958. A. Y. McDONALD, Pres. FRED NEYENS, Sec. F. L. WAGNER, Com'rs. Published officially in the Tele- graph-Herald Newspaper this 11th day of August, 1958. LEO F, FROMMELT, City Clerk 1 t. 8.11 Councilman Freund moved that the Ordinance be received and filed after proper publication. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No. 50- 58, an Ordinance amending the Zoning Map by Changing the Zon- ing Classification from the present Multiple Family Residence District Classification to Local Business District A Classification on Lots 305 and 306 in Davis Farm Addi- tion presented and read. Council• man Kintzinger moved that the proof of publication be received and filed. Seconded by Council- man Takos, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Mrs. Dolores Henkel, Mrs. Rita Schiltz, Mrs. Amert Lesch, Mr. Leo Hartmann, Mr, John A. Matous, Mr, Nick Freiburger, all addressed the Council objecting to the re- zoning of Lots 305 and 30B in Davis Farm Addition, ORDINANCE N0. 50.58 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34, designated Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from Multiple Family Residence District Classification to Local• Business District A Classification, same having passed upon first reading on July 7,1958, final adop- tion of the Ordinance being sub- ject to public hearing, presented for Final Adoption. After considerable discussion Councilman Kintzinger moved that action be deferred on the Ordi• nonce until a future date for con- sideration by the Council. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, I{intzinger, Schueller, Ta• kos. Nays-None, IIII'i r 358 Regular Session, August 4,1958 Proof of Publication, certified to by the Publisher, of notice of public hearing on Ordinance No. 51.58, an Ordinance Amending the Zoning Map of the City of Du- buque by changing the present Two Family Residence District Classification to Local Business District A Classification on Lot 11 in McCraneys Addition, presented and read, No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Welu moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. ORDINANCE N0. 51.56 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as provided by Ordinance No, 3.34, designated Zoning Ordinance of the City of Dubuque so as to change Lot 11 in McCraneys Second Addition from Two Family Residence Dis- trict Classification to Local Busi- ness District A Classification same having passed upon first reading on July 7, 1958, final adoption of same being subject to public hear- ing, presented for Final Adoption. Ordinance No. 51.58 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-84, Designated Zoning Ordinance of the City of Dubuque" so as to change certain property hereinafter descr[bed from Two Fam11y Residence District Classification" to "Local Business District A Classification". Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended and changed as follows: a. By changing from "Two Fam- ily Residence District Classifica- tion" to "Local Business District A Claealficatlcn" the following de- scribed property: Lot Eleven in McCraneys Sec- ond Addition. Section 2. This Ordinance shall be in full force and affect from and after its final passage, adop- tion and publication as by law provided. Tntroduced the 7th day of July, 1958. Rule requiring reading on three separate days suspended by unani- mous vote the '~lh flay oP July, 1958. Passed by recorded roll call vote, adopted and approved this 4th day of August, 19b8. Clarence P. Welu Mayor George A. Freund Leo N. Schueller Charles A. Kintzinger Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clark Published off[cially in the Tele- gtaph-Herald Newspaper this 11th day of August, 1958, Leo F. Frommelt City Clark lt. 8-11 Councilman Takos moved the adoption of the Ordinance. Sec• onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kDS. Nays-None, ORDINANCE N0. 58.58 An Ordinance Amending Ordi• Hance No. 33-49, known as the Traffic Code, by repealing Section B of Schedule III and Enacting a Substitute therefor, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kintzing• er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun• Gilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays--None. ORDINANCE N0. 68.58 An Ordinance Amending Ordinanoe No. 33-99, Known as the Traffic Code, by Repealing Section B of Schedule III and Enacting a Sub- stitute therefor. Be It Ordained Bq The C[ty Council Of The City Of Dubuque, Iowa: Section 1. That Section B of Schedule III of Ordinance No. 33-49, known as the Traffic Code, be and the same is hereby repeal- ed and the following enacted in lieu thereof' "B. North-bound and 8 o u t h- bound vehicles moat atop before en- tering the intersection af: Rosedale and Avoca Streets; East Twenty-ftret and Washing- ton Streets;. East Twenty-first and Elm Streets; Lincoln and Stafford Avenue; Cherry and Finley Streets; Regular Session, August 4, 1958 359 Lincoln Avenue and Kniest Street; Chaney Road and Hlllcreat Road; Queen Street and Twenty-fourth Streets; East Twenty-second and White Streets; East Twenty-fourth and White Streets; East Twenty-fifth and White Streets; East Twenty-eighth and White Streets; East Twenty-ninth and White 6treets; East Thirtieth and Whit e Streets." Section 8. This Ordinance shall be in full Sorce and effect from and after its final passage, adoption and publication as by taw provid- ed ntroduced the 4th day of August, 1968. Rule requiring reading on three separate days suspended by unani- mous vote the 4th day of August, 1958. Passed by recorded roll call vote, adapted and approved this 4th day of August 1958. CLARENCE P. WELU, Mayor GEORGE A.FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald Newspaper this 11th day of August 1958. LEO F. FROMMELT 1t. S/11 City Clerk Councilman Freund moved the adoption of the Ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- k03. Nays-None. August 1, 1958 To the Honorable Mayor and Clty COllnCll Dubuque, Iowa Gentlemen: Attached is an Ordinance repeal- ing Section 3 of Ordinance No. 50- 57. It is recomended that this sec• tion of the ordinance be repealed as it applied to the North Central Public Service Company purchas- ing gas at the city station at Cen- ter Grove. This provision is not applicable to the Peoples Natural Gas Company. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second• ed by Councilman Schueller, Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. ORDINANCE N0. 54.58 An Ordinance Amending Ordi- nance No. 50-57 by Repealing Sec- tion 3 thereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cllman Takos. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. ORDINANCE N0. 59.58 An Ordinance Amending Ordinance No. 60-67 by Repealing Section 3 thereof. Be It Ordained By The City Council OP The City of Dubuque, Iowa: Section 1. That Section 3 of Ordi- nance No. 60-57 be and the same is hereby repealed. Section 2. This Ordinance shall be In full torte and effect from and after its Etna] passage, adop- tion and publication ae by law provided. Introduced the dth day of August, 1958. Rule requiring reading on three separate days suspended by unani- mous vote the !th day of August, 1958. Passed by recorded roll call vote, adopted and approved this 4th day of August, 1958, CLARENCE P. WELU, Mayer GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councnmen Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald Newspaper this 11th day of August 1968, LEO F. FROMMELT lt. 8/11 City Clerk Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councillen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit in the Su• preme Court of the U. S., George Vincent McMahon, Petitioner vs. City of Dubuque, Iowa, Respond- ent, presented and read. 360 .Regular Session, August 4,1958 Councilman Kintzinger moved that the petition be referred to the City Solicitor, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Kenneth J, Palm re- questing the installation of a street light in the middle of the block between Fremont and Grandview on Dodge street, presented and read. Councilman Kintzinger moved that the petition be re- ferred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Coun- cilman Freund. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Noah Taylor et al re• questing the installation of street lights between 1725 and 2415 Kauf- mann Avenue, presented and read. Councilman Kintzinger moved that the petition be referred to the City Manager and Electrical Inspector far investigation and report.. Sec• onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Disabled American Veterans requesting permission to hold their annual Forget Me Not Sale on Friday and Saturday, August 29th & 30th, presented and read. Councilman Schueller moved that the request be granted pro- viding there are no conflicting dates. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None, Petition of William Becker re- questing vacation of the 8 foot wide public utility easement lying in Lot 3 of Block 1 of William Becker Kaufmann Avenue Subdi- vision, presented and read. Coun- cilman Kintzinger moved that the petition be received and filed, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. July 31, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The request of William Becker for vacation of an eight foot ease- ment along the east line of Lot 3, Block 1 in William Becker Kaufmann Avenue Subdivision has been examined by the Planning and Zoning Commission. This easement is not needed in this particular location and the Commission recommends vacation of same. Respectfully submitted, Dubuque Flanning & Zoning Commission By R. D. Waller, Acting-Sec. Councilman Kintzinger moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. ORDINANCE N0. 60.56 An Ordinance Vacating Public Utility Easement in Lot 2, Block One in William Becker Kaufmann Avenue Subdivision in the City of Dubuque, presented and read. Councilman Freund moved that the reading just had be consid- ered the first reading of the Ord- inance. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Ordinance No. 60.58 An Ordinance Vacating Public Utility Easement in Lot Z, Black One in "William Becker Kaufmann Avenue Subdivision" to the City of Dubuque. Regular Session, August 4,1958 361 Whereas, upon the plat of Block One in "William Becker Kaufmann Avenue Subdivision" in the City of Dubuque, Iowa, there appears an 8 foot wide public utility ease- ment, crossing Lot 3 of said Block One; and Whereas, William Becker, as owner of said Lot 3 of Block One, and Lot One of Block One, has petitioned the City Council to va- cate said easement; and Whereas, it appears there is no present nor future forseeable need for such an easement; and Whereas, the Planning and Zon- ing Commission has recommended the approval of said request; NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the 8 foot wide public utility easement across Lot 3 of Block One in "William Becker Kaufmann Avenue Subdivision" in the City of Dubuque, Dubuque County, Iowa Prom the street line to the rear lot line, be and the same is hereby vacated, reserving, however, In the City of Dubuque an easement for the eslsting sani- tary sewer appearing upon said plat; Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Ordinance in the of• fits of the County Recorder of Du- buque County, Iowa. Section 3. This Ordinance shall be in full force and effect from and after its Yinal passage, adop- tion and publication as by law provided. Introduced the 4th day of Au- gust, 1958. Rule requiring reading on three separate days suspended by unan[- mous vote the 4th day of August, 1958. Passed by recorded roll call vote, adopted and approved this 4th day of August, 1958. Clarence P. Welu Mayor George A. Freund Leo N. Schueller Charles A. Kintzinger Peter 7. Takos Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Tele- graph-Herald Newspaper this 11th day of August, 1958. Leo F. Frommelt Ctty Clerk lt. a-u Councilman Freund moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Aloys H. Weis et ux requesting permission to erect a stone retaining wall along the westerly side of Lot 61 in Pleas- ant View along Abbott Street, presented and read. Mayor Welu moved that the Council view the grounds. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Lyle C. Ender et al requesting the installation of street lights on Glendale Court, presented and read. Councilman Freund mov- ed that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Kintzinger. Carried by the follow• ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Ray A. Vyverberg et al requesting the execution of a Quit Claim Deed conveying vacated streets and alleys which are a part of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Ehrlich Place in the City of Dubuque, said streets and alleys were vacated by the City by Ordinance No. 7.43, presented and read. Mr. William J. Reilly of Reilly Realty Inc. addressed the Council stating that a conveyance to the Vyverbergs would affectuate a re- alignment of the streets as they were originaly platted in the area into new subdivisions which shall be laid out far better than the original streets and alleys for the purposes of subdividing. Council- man Freund moved that the mat- ter be set down for a public hearing to be held on September 2, 1958 at 7:30 P. M, in the Coun- cil Chamber and the Clerk be instructed to publish notice of same as required by law. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Schueller, Takos. Nays-None. Councilman Kintzinger not voG ing. July 30, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Housing and Home Finance Agency of the Community Facili- ties Administration has approved a grant far plan preparation on the Fengler Street overpass con- necting Kerper Boulevard to Gar- r 1 382 13egular Session, August 4,1958 field Avenue, The amount of this grant is $9,215.00 to cover all pre• liminary investigation and com• plate plans and specifications for this two lane overpass and ap- proaches. This is one of the projects which the Council authorized me to request planning funds, t h e other is the 14th Street overpass on which we have not as yet re• ceived a grant. I recommend that the City Council accept this agreement and authorize the City Manager to execute the acceptance on be• half of the City of Dubuque, Iowa. I also recommend that the City Manager be authorized to enter into a contract with a responsi- ble firm of engineers to prepare the pious and specificatipn for this project, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Schueller moved that the recommendations of the City Manager be approved. Sec• owned by Councilman Kintzinger. Carried by the following vote: Xeas--Mayor Welu, Councilmen Freund, Kinteinger, Schueller, Takos. Nays-None. RBSOI.UTION N0. 169.58 WHEREAS, the City of Dubuque has received a formal offer from the Housing and Home Finance Agency of the Community Facil- ities Administration of the United States to make an advance of $9,213.00 to aid in financing the cost of complete plans and speci- lications for Femgler Street two lane overpass and approaches; BE ix RESOLVER liY THE CITY COUNCIL OF THE CITY OF DUBUQUE: 1. That the construction of this RPOject is to the best interests of the City and that the Cit? Ceuneil accept this Offer. 2. That the City Manager be hereby authorized and directed to sign the agreement on behalf of the City of Dubuque. Passed, adopted and approved this 4th day of August, 1958. CI,~IRFNCE P. WELU Mayor GEORGE A. FREUND LEO N. SCIIUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider the execution of a Transmission Line Easement to Interstate Power Co. across the following described property generally described as: Beginning at the west end of Whit- tier street, then along the center line of Whittier street, and the center line of Whittier street ex- tended to the center of the median strip of Kerper Boulevard, then along the center of the median strip of Kerper Boulevard to Six- teenth Street, then along the west edge of the dike to a point north of the pumping station; then across the reservoir and Twelfth Street in a direct line of the Inter• state Substation at the Power House all in the City of Dubuque, presented and read. No written objections were filed attd no oral objectors were pres- ent in the Council Chamber at the time set for the public hear- ing. Councilman Freund moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 170.58 Whereas, the Dock Board of the City of Dubuque has entered in- to an agreement with Interstate Power Company for the relocation of a certain transmission line which presently traverses t h e area known as "Area B" Industrial Dovelopment of the City of Du- buque;' which agreement provides in part for the granting to said Regular Session, August 4,1958 363 Interstate Power Company a new easement for said transmission line as relocated; and Whereas the said Dock Board has submitted to the City Council for approval said Agreement and has requested the City Council to grant said easement in partial performance of said Agreement; and Whereas the City Council at a public hearing held August 4, 1958 pursuant to notice published in the Telegraph-Herald July 11, 1958 and July 18, 1958, has determined that it is in the best public in- terest that said easement be granted and the Agreement be approved; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUN• CII, OF THE CITY OF DU- BUQUE: Section 1. That the City of Du- buque, a municipal corporation, does hereby grant unto Interstate Power Company, a Delaware Corp- oration, its successors and assigns, forever, the right, privilege and authority to construct, reconstruct, operate, maintain, and remove lines for the transmission of elec- tric energy, including necessary poles, wires, towers, and other fixtures, along a center line de• scribed as follows: Beginning at a point in Lot 593, Ham's Addition to the City of Du• buque, Iowa, said point being 150 feet northwesterly from the west line of Prescott Street and also approximately on the center of Whittier Street extended; thence southeasterly for a distance of 150 feet to the westerly line of Pres- cott Street along the center line of Whittier Street extended; thence along or near the center line of Whittier Street and t h e center line of Whittier Street ex- tended to the center of the park- ing strip on Kerper Boulevard; thence south 32°9' west fora dis- tance of 1957.88 feet, thence south 34°9' west for a distance of 486 feet, thence south 14°8' east for a distance of 484.17 feet, thence south 12°8' east for a distance of 1932 feet, thence south 10°42' east for a distance of 397 feet, thence south 29°57~Z' west far a distance of 2,565 feet, more or less, to the Interstate Power Company Power Plant site, together with the right, privi- lege and authority to trim or cut down any trees within 75 feet of each side of said center line, which may interfere with the con- struction, operation, maintenance and removal thereof; and also the right to enter upon the above de- scribed premises at any and all times for the purposes above set forth; provided, however, t b a t such authority is limited to those lands owned by the City of Du- buque at the time of the granting of this easement, Section 2. That the Mayor and City Clerk be and they are hereby authorized to execute a transmis- sion line easement pursuant to Section 1 hereof and deliver the same to the Interstate Power Company; Section 3. That the agreement entered into between the Dock Board and the Interstate Power Company, be and the same is here- by approved; Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 4th day of August, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Takbs. Carried by the following vote: Yeas-Mayor Welu,. Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION N0. 171.58 Resolved by the City Council of the City of Dubuque, Iowa: that to pay for sidewalk construction adjacent to Lot 46 Original Town- site of Dubuque along 10th Street, by Albert Becker & Son, contrac• ~I 364 Regular Session, August 4,1958 for in front of and adjoining the same, a special tax be and is here- by levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the foregoing schedule: OWNER Desmond L. Sullivan, Und. '/a ) James B. Sullivan, Und. '/a ) Angela H. Schlimgen, Und, '/a ) John D. Sullivan, Und. ~/a ) LOT ASSESSMENT City Lot 46 in the Orig- inal Townsite of the Town (Now City of Dubuque, Iowa) .................................... $371.02 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 4th day of August, 1958. CLARINCE P. WELU Mayor GEORGE A. FREUND LEO N, SCHUELLER CHARLES A. KIIVTZINGER PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the Resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. June 26, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is Final Plat of Plaza Court Subdivision. This subdivision is an extension of Curtis Street to the west of Booth Street. This plat has been approved by the Planning and Zoning Commis- sion. Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION. Owen Riley, Acting-Secretary Councilman Kintzinger moved that the communication of the Planning & Zoning Commission be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 172.58 RESOLUTION APPROVING THE PLAT OF "PLAZA COURT." Whereas there has been filed with the City Clerk a plat in which Lot 2 of Lot 2 of Lot 1 of Mineral Lot 150; Lot 1 of Lot 1 of Lot 1 of Lot i of Lot 1 of Lot 1 of Lot 16 of McClain's Subdivision; Lot 1 of Lot 2 of Lot 2 of Lot 16B of McClain's Subdivision; Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 13 of Wallis Heights, all in the City of Dubuque, Du- buque County, Iowa, are platted as, Lots 1 to 7, inclusive, of "Plaza Court" in the City of Dubuque, Dubuque County, Iowa, by Mettel Realty & Investment Co., as owners thereof; and Whereas upon said plat appear a street and easements which the owners upon said plat have dedi• Gated to the public forever; and Whereas said plat has been ex- amined by the City Council and they find that the same conforms to the Statutes and Ordinances re- lating thereto, and that the grades have not been established or the streets graded, or the surfacing or necessary utilities installed; NOW rtui;tcEFORE, BE IT RE- SOLVED BY THE CITY COUNCII, OF THE CITY OF DUBUQUE: Section 1. That the dedication of Curtis Street, together with t h e easements for public utilities, as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of the subdivision of Lot 2 of Lot 2 of Lot 1 of Mineral Lot 150; Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 16 of McClain's Subdivision; Lot 1 of Lot 2 of Lot 2 of Lot 16B of McClain's Subdivision; Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 13 of Wallis Heights, Regular Session, August 4, 1958 365 all in the City of Dubuque, Du- buque County, Iowa, which will be hereafter known as "Plaza Court" in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby ap• proved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat; providing the owners of said property, hereinbefore named, execute their written acceptance, hereto attached, agreeing: (a) To reduce Curtis Street to grade, as shown by the profiles submitted with the plat; (b) To surface Curtis Street, in• eluding the turnaround, as t h e same appears on said plat, for a width of thirty feet (30') from curb face to curb face, with 8 inch rolled stone base and 2~Z inch hot mixed, hot laid bituminous con• Crete surfacing, with concrete curb and gutter as shown in City of Dubuque Standard Curb and Gutter Section; (c) To construct the center of the turnaround in the manner shown by the plans submitted with the plat and erect therein an orna- mental light standard, with under- ground power cable thereto from a source of electric power outside of the platted street; (d) To install water mains in accordance with plans submitted with the plat; (e) To install sanitary sewers in accordance with plans submitted with the plat; (f) To install sanitary sewer and water house laterals for each lot from the main to behind the curb line; (g) To seal coat Curtis street upon the completion of the sur- facing; (h) To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer and in a manner approved by the City Manager; (i) To maintain the street im- provements for a period of four (4) years from the date of their acceptance and to maintain the sanitary sewer for a period of two (2) years from the date of its acceptance; (j) To provide the foregoing con- struction and maintenance at the expense of the owners; (k) To construct said improve- ments prior to November 1, 1959; and further provided that Mettel Realty & Investment Co., as own- ers of said Subdivision, secure the performance of the foregoing con• ditions by providing security in such sum, and with such sureties as may be acceptable to the City Manager; Section 3. That in the event Mettel Realty & Investment Co. shall fail to execute the accept- ance and provide the security pro- vided in Section 2 hereof, within forty-five (45) days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedications and the approval of the Plat shall not be effective. Passed, adopted and approved by unanimous roll call vote this 4th day of August, A. D. 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the se- curity required by the foregoing Resolution No. 172-58, has been provided by the owners. Dated at Dubuque, Iowa, this 14th day of August, 1958. KENNETH J. CULLEN City Manager Pro Tem Mayor Welu moved the adop- tion of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ACCEPTANCE OF RESOLUTION N0. 172.58 Mettel Realty & Investment Co., having read the terms and condi- tions of the foregoing Resolution No. 172-58, and being familiar with the contents thereof, hereby ac- cept the same and 0~'ge to per• 366 Regular Session, August 4,1958 form the conditions required of them therein. MErrr.-. REALTY & INVESTMENT CO. C. E. Mettel, President A. J. Mihm, Secretary Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces• sity for public improvements and hearing upon proposed plans, specifications, form of contract and cost of improvements for the construction of an 8" sanitary sewer in Alta Place from a point 125 feet north of the north prop- erty line of Delaware street to the existing sanitary sewer in Green Street, presented and read. Mayor Welu moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. DECISION OF COUNCIL UPON OBJECTIONS TO PLANS, SPECIFI- CATIONS, FORM OF CONTRACT AND COST OF IMPROVEMENTS RESOLUTION N0. 173.58 WHEREAS, proposed plans and specifications and form of eon• tract for the construction of an eight (8) inch sanitary sewer in Alta Place from a point 125 feet north of the North Property Line of Delaware Street to the existing sanitary sewer in Green Street, have been approved by the City Council of the City of Dubuque and public notice given as pro• vided by Chapter 23 of the Code of Iowa, 1950, pertaining to pub- lic contracts and bonds, and the time and place fixed for the heaz- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of August, 1958; and Wnr;nEAS, the City Council met in regular session this 4th dap of August, 1958, at 7:30 o'clock P.M. et the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which havg beeA #iled to the pro posed plans, specifications or con• tract for or cost of the improve- ment herein described and pro• posed to be made; and WIiEREAS, all interested paz• ties have been given an oppor- tunity to be heard and all objec- tions which have been duly weighed and considered; now, therefore BE IT RESOLVID by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de• scribed and proposed to be made, be and the same hereby over- ruled and such plans, specifica- tions and form of contract hereto- fore approved are hereby adopted, BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications a n d form of cost said unprovement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 4th day of August, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (Necessity for Improvement) RESOLUTION N0.145.58 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundaries of the district if any. 2. The size and kind of sewers. Regular Session, August x,1958 387 3. Each lot proposed to be as- The above resolution was intro- sessed together with a valuation dueed, approved and ordered plac- fixed by the council. ed on file with the Clty Clerk this 7th da f Jul 1968 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount there- of which is estimated to be assessed against each lot, for the construc- tion of an eight (8) inch sanitary sewer in Alta Place #rom a point 125 feet north of the north proper- ty line of Delaware street to the ex[sting sanitary sewer in Green Street. Y o Y, BE 1T THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con• slderation of this proposed resolu• tion have on #ile with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived alt objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of mak- ing said improvement will be as- sessed upon and against all private- ly owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts tharon or is adjacent thereto according to area and in proportion to the special benefits eon#erred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 4th day of August, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the Final Adoption of the resolution. Secaaded by Mayor Welu. Carried by the following vote: Yeas-•--Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (Ordering Construction) RESOLUTION N0.174.58 BE 1T RESOLVFU BY THE CITY GOUNGIL OF THE CITY OF DU- BUQUE that pursuant to a reso- lution of necessity No. 145.58 which was duly passed by this Council, for the construction of an eight (8) inch sanitary sewer in Alta Place from a point 125 feet north of the north property line of Delaware Street to the existing sanitary sew- er in Green Street. be and the same are hereby ord- ered and constructed by this Coun• cil upon its own motion and with the petition of property owners. All the work shall be constructed in ac- cordance with the plans and specifi- cations heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such proptrey abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and ,say deficiency will be paid out of the sewer funds of the city, or 388 Regular Session, August 4,1958 partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE 1T FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advetrise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 10 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day August, 1958. CLARENCE P. WELU, Mayor GEORGE A.FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilmen Schueller moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. August 4,1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Windsor Avenue Sanitary Relief Sewer has been completed by the Saffron Construction Com• pang in accordance with the plans and specifications. I recommend that the improve- ment be accepted. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second• ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (A Resolution Accepting Improvement) CITY OF DUBUQUE, IOWA RESOLUTION N0. 175.58 WHEREAS, the contract for the construction of a 12" sanitary re- lief sewer in East 24th Street, first alley west of Windsor Avenue from East 24th Street to Edwards Street and Windsor Avenue from Edwards Street to Merz Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE 1T RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE 1T FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation Fund. Passed, adopted and approved this 4th day of August, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KBVTZINGER PETER J. TAKOS Councllmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund,. Kintzinger, Schueller, Takos. Nays-None. August 4, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The construction of the boule• vard street lights on Cambridge Regular Session, August 4,1958 369 Court, Devon Drive and Princeton Place have been completed in ac- cordance with the plans and spec~ fiications by the Dirksen Electric Company. I recommend that the improve- ment be accepted. Respectfully submitted, L. J. SCHLITZ, City Manager Councilmen Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0.176.58 WHEREAS, the contract for the construction of boulevard street lights and appurtenances on Cam- bridge Court for its entire extent; on Devon Drive from a point 74' south of the north line of Lot 1 of 1 of 1 of 1 of 1 of 1 of Clarence Polfer's Place to its northerly terminus; and on Princeton Place from Devon to a line connecting the north line of Lot 2 of Lot 3 of Block 8 of Steger Heights with the north line of Lot 15 of Block 9 of Steger Heights has been completed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $4,627.56. That $4,627.56 of the cost there- of shall be assessable upon private property and none shall be paid from the none Fund of the City of Dubuque. Passed, adopted and approved this 4th day of August, 1958. CLARENCE P. WELU, Mayor GEORGE A.FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas--Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (A Resolution Accepting Improve- ment and Directing the Clerk Fo Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO.177.58 wn~REAS, the contract for the construction of boulevard street lights and appurtenances on Cam- bridge Court for its entire extent; on Devon Drive from a point 74' south of the north line of Lot 1 of 1 of 1 of 1 of 1 of 1 of Clarence Pol- fer's Place to its northerly termin- us; and on Princeton Place from Devon Drive to a line connecting the north line of Lot 2 of Lot 3 of Block 8 of Steger Heights with the north line of Lot 15 of Block 9 of Steger Heights has been completed and the City Manager has exam- ined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its accept- ance, now therefore, BE Tl' RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subpect to assessment for said improvement and file the same in the office of the City Clerk sub- ject to public inspection and Bald Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as re- quired by law. BE Tl FURrrt~x RESOLVED, that the City Treasurer be and he is hereby directed to pay to the con- tractor from the funds to be real- ized from the sale of bonds issued upon the above described improve- ment in amount equal to the amount of his contract, less any retained percentage provided €or . therein. i ~~~ ~~ 'i Ali 370 Regular Session, August 4,1958 Passed, adopted and approved this 4th day of August, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KRVTZINGER P~rxx J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 176.58 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, rnr;xEFORE, BE IT RESOLVID by the City Council of the City of Dubuque that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Albert J. Ney, 1842 Central Aw enue Mrs. Josephine Nicks, 103 East 22nd Street Justin L. Johanningmeier, 1879- 1881 Central Avenue John L. and Viola Savary, 827 Dodge Street CLASS "C" PERMIT Harold 0. Specht, 3003 Asbury Street James Waul, 2850 Burlington Street Passed, adopted and approved this 4th day of August, 1958, CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Freund moved the adoption of the resolution. Second- ed by Councilman Takos, Carried by the following vote: Yeas-Mayor Welu, Councihnen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0.119.58 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer permit. CLASS "B" PERMIT Name Address Albert J. Ney, 1842 Central Av- enue Mrs. Josephine Nicks, 103 East 22nd Street Justin L. Johanningmeier, 1879- 1881 Central Avenue Jahn L, and Viola Savary, 827 Dodge Street CLASS "C" PERMIT Harold 0. Specht, 3003 Asbury Street James Waul, 2850 Burlington Street BE IT FURrnr;x RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 5th day of August, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councibmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the ad- option of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. There being no further busi- ness Councilman Schueller moved Regular Session, August 4,1958 to adjourn. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, I{intzinger, Schueller, Takos. Nays-None. LEO F. FROMMELT, City Clerk Approved ................................1958. Adopted ................................1956. Councilmen • ...................................... Attest :............................................ City Clerk A~ s7~.