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1958 December Council Proceedingst ~. $egular Session, December 1, 1958 CITY COUNCIL (OFFICIAL) Regular Session, December 1, 1958. No members of the City Council being present upon roll call the meeting was postponed subject to call. LEO F. FROMb1ELT City Clerk Approved ....................................1959 Adopted ......................................1959 ...................................... Councilmen ...................................... Attest :............................................ City Clerk 529 t 530 Adjourned Regular Session, becember 9, 1958 CITY COUNCIL (OFFICIAL) Adjourned Regular Session, De- cember 9, 1958. Council met at 7:30 P. M. Present-Mayor Welu, Council• men Freund, Kintzinger, Schuel• ler, Takos. City Manager Schiltz. Mayor Welu read the call and stated that this is an adjourned meeting of the regular meeting of December 1, 1958, for the purpose of acting upon such business as may properly come before a reg• ular meeting of the City Council. December 9, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The City of Dubuque Sewage Works Improvement, Contract No. 2, Force Main and Terminal Street Sewer, under construction by Schueller and Company, Inc., of Dubuque, Iowa, has been com- pleted in accordance with the plans and specifications. I therefore recommend that Con• tract No. 2, Force Main and Termi- nal Street Sewer, be accepted and that payment for this project be completed in accordance with the contract and agreements. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None, December 9, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: T am attaching herewith an Agreement for the collection of water and sewage bills by an in- dependent collection agency. The agreement calls for a flat .05c per bill charge for this col• lection service rather than a per• tentage basis. I feel that this flat charge will be more economical to the City rather than figuring the total amount collected and then figure a percentage. The total amount to be paid on this flat rate of .05c per bill or ~Z of 1% would be very nearly the same amount. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Takos moved that the communication and agreement be received and filed. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 9, 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 approval of the City Solicitor: HEATING Carl Mettille D/B/A, Mettille Roofing & Sheet Metal Works, Hawkeye-Security Ins. Co. Frank Norton and Norvan Wicks D/B/A, Midwest Heating & Air Conditioning, Western Surety Company, Respectfully submitted, L, J. SCHII.TZ, City Manager Councilman Freund moved that the policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 9, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Mr. John R. Waller of Washing• ton, D.C., a former resident of Dubuque along with his brother, Austin C. Waller, and his sister, Mae W. Long, have offered to deed to the City Lots 26, 27 and 28 of Cooper Heights for play- ground purposes. However, they Adjourned Regular Session, December 9, 1958 531 will deed them to the City with no strings attached other than they would like to name the play- ground. At a meeting of the Playground and Recreation Commission on December 8, the Commission went on record as being in favor of establishing a small neighborhood playground on these lots and rec- ommending to the Council that they accept this property. Respectfully submitted, L. J, SCHII.TZ, City Manager Councilman Kintzinger moved that the acceptance be approved and thanks be given to the donors of this property. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 9, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The final assessment against Lot No. 1.1.1.2 of Mineral Lot 351 under the ownership of Joseph H. & Helen A. Bellman for the Kane Street Sanitary Sewer was charged for excessable frontage of six feet (6') at the cost of $1.977406822 per foot. This additional footage was due to an erroneous listing of the dimensions of the plat for the above mentioned lot. I recommend that a warrant be issued in the amount of $11.86 and the City Treasurer be instructed to apply this amount to the assess- ment for the Kane Street Sanitary Sewer for Lot 1.1.1-2 of Mineral Lot 351. 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 Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 9, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The neighborhood playground on Gay Street is located on prop- erty now owned by the City and to be used for the construction of an elevated water tank; it also is too small for many activities. There is a parcel of land west of Muscatine Street consisting of 5.097 acres for sale and which the Playground and Recreation Com- mission consider a practical Io~a~ tion for a play field. They request that the City Council authorize the purchase of this property. There are funds available for such purchase in the Capital Im- provement Fund and this would be a proper expenditure. I recom- mend that the City Manager be authorized to negotiate for the purchase of this parcel of prop- erty and execute the necessary option for the sale if a reasonable agreement on price can be made. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 9, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On Apri17,1958, your Honorable Body adopted Resolution No. 70- 58 directing all owners of lots abutting on City of Dubuque 1958 Asphaltic Concrete Surfacing Project No. 1 to make connec- tions from the sewer and water mains to the curb line of said lots prior to May 15, 1958, and further directing that this office proceed to have said connections made in the event any property owner shall fail to make said connections. This is to certify that the, own- ers of the property listed on the attached schedule failed or re• fused to make said connections to ~~ Y' 1 IN 532 Adjourned Regulaz Session, December 9, 1958 said property prior to May 15, 1958; that pursuant to said reso- lution, Icontacted Andrew Fon- deil & Sons and Louis Buechel Plumbing and Heating jointly to make said connections; that the cost of said work, as provided in said contract is $393.44; that there is now due and owing to the con• tractors jointly the sum of $393.44; that the cost of making said con• nections chargeable to each lot is as the same appears on the attached schedule. I therefore recommend that the City Auditor be instructed to issue warrants drawn on the Street Fund payable to the contractors total- ing $393.44; that the cost of such connections be assessed against said lots as set forth in the at• tacked schedule; and that the. City Clerk be authorized and directed to certify said assessments to the County Auditor to be collected in the same manner as general prop- erty taxes in accordance with Sec- tion 4 of Chapter 151 of the Acts of the 54th General Assembly of Iowa. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Freund moved that the recommendation of the City Manager be approved. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 9, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On April 7,1958, your Honorable Body adopted Resolution No. 77- 58 directing all owners of lots abutting on City of Dubuque 1958 Bituminous Concrete Surfacing Project No. 1 to make connections from the sewer and water mains to the curb line of said Ints prior to May 15, 1958, and further di- recting that this office proceed to have said connections made in the event any property owner shall fail to make said rnnnections. This is to certify that the own• err of the property listed on the attached schedule failed or refused to make said connections to said property prior to May 15, 1958; that pursuant to said resolution, I contacted Andrew Fondell & Sons and Louis Buechel Plumbing & Heating jointly to make said con• nections; that the cost of said work, as provided in said contract is $3,771.97; that there is now due and owing to the contractors joint- ly the sum of $3,771.97; that the cost of making said connections chargeable to each lot is as the same appears on the attached schedule. I therefore recommend that the City Auditor be instructed to issue warrants drawn on the Street Fund payable to the contractors totaling $3,771.97; that the cost of such connections be assessed against said lots as set forth in the at• tacked schedule; and that the City Clerk be authorized and directed to certify said assessments to the County Auditor to be collected in the same manner as general prop- erty taxes in accordance with Sec• tion 4 of Chapter 151 of the Acts of the 54th General Assembly of Iowa. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilman Freund moved that the recommendation of the City Manager be approved. Seconded by Mayor Welu. Carried by the fol• lowing vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Communication of R. F. Sefzik requesting reading of petitions and letters in a clear audible voice at the Council meetings and further making inquiry as to what action had been taken in regard to the accident in which two police cars collided in answering a call to the scene of a supermarket fire, presented and read. Mayor Welu moved that action on the communication be deferred until a later meeting by request of Mr. Sefzik. Seconded by Coun• Gilman Freund. Carried by the fol• lowing vote: Yeas-Mayor Wely, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Adjourned Regular Session, December 9, 1958 533 Communication of Schuster Pay went Agency stating that they could furnish collection service for the Water Department at a rate of 5c per statement or '~ of 1% of the net collected each day, presented and read. Councilman Freund moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None, Mr. Al Schuster of the Schuster Payment Agency spoke in behalf of his collection agency and fur• ther stated that the utilities will not come in now. Councilman Freund moved that the Schuster communication be referred to the City Manager to negotiate with both collection agencies. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Council proceedings for the month of September 1958 were presented for approval. Council- man Schueller moved that the Council proceedings for the month of September 1958 be approved as printed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 5, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Mrs. John Steffen, 1450 McPoland Street, for dam- ages has been investigated by me and I can find no negligence on the part of the City and recom• mend that the same be denied. Respectfully submitted, 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. Notice of claim of Mary Bauer, in an un-named amount, for per- sonal injuries received in a fall on a defective sidewalk and drain cover located on the northeast side of Humboldt street, on No- vember 18, 1958, 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 Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Edward A. Beard of 1560 Earl Drive, in an unnamed amount, for a broken water stop box at the time of the construction of the sewer in Earl Drive by Hennessey Bros. during the month of August 1958, present- ed and read. Councilman Takos moved that the claim be referred to the City Solicitor for investiga• tion and report. Seconded by Coun• Gilman Schueller. Carried by the following vote: .Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Donald L. Kahle of 1971 Lincoln Avenue, in the amount of $1000 for personal injuries received in a fall on a defective street at corner of W. 17th and W. Locust streets on Na vember 6, 1958, presented and read. Councilman Takos moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None, f' 1 534 Adjourned Regular Session, December 9, 1958 Notice of claim of Joseph F. Pawlak Jr. of 1149 University Avenue, in the amount of $100 for damage to his car as the result of same being struck by a City owned garbage truck at Foie and Gold streets on December 2, 1958, presented and read. Councilman Takos moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Glen R. Stei• Chen of 1950'h White Street, in the approximate amount of $48,82 for damage to his car as the re• suit of striking a cement block lying in the street at 10th & White street on November 12, 1958, pre- sented and read. Councilman Takos moved that the claim be referred to the City Solicitor for investi• gation and report. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Edward L. Alber of 1449 Locust Street in the amount of $17.90, for plumb- ing expenses incurred as the re- sult of a clogged sewer at the corner of Loras and Bluff on 12-31.57, 1-13.58, 8.20.58, presented and read. Councilman T a k o s moved that the claim be referred to the City Solicitor for investiga• tion and report. Seconded by Coun- cilman Freund. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund , Rintzinger, Schueller, Takos. Nays-None, Notice of suit in the District Court by Theodore (Teddy ) Roepsch, minor by Joseph Roepsch, father, Plaintiff vs. City of Du- buque, Defendant, in the amount of $25,000 for personal injuries received in a fall at 701 Grove• land Place on September 6, 1958, presented and read. Councilman Freund moved that the notice be referred to the City Solicitor. Sec• onned by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Proof of publication, certified to by the Publisher, of Official Notice of public hearing on Ordi• nonce No, 70-58, an Ordinance amending the Zoning Ordinance by changing the Zoning Classifi• cation from the present Single Family Residence District to Two Family Residence District Classi• fication on Lots 18, 19, 20, 21, 22, 41, 42, 43, 44 and 45 McDaniels Park Hill Addition. No written objections were filed and no oral objectors present at the time set for the public hearing. Councilman Schueller moved that the proof of publication be re• ceived and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0. 70.58 An Ordinance Amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34 designated the Zoning Ordinance, so as to change Lots 18, 19, 20, 21, 22, 41, 42, 43, 44 and 45 McDaniels Park Hill Addition from present single Fam- ily Residence District Classifica- tion to Two Family Residence District Classification, said Ordi• nonce having been read for first reading on November 3, 1958 and placed on file for public inspec- tion, presented for Final Adoption. Ordinance No. 70.58 An Ordinance Amending and changing the Zoning Map of the City o[ Dubuque, as provided by Ordinance No. 3-34 designated the Zoning Ordinance, ao as to change Single Family Classification to by the City of Dubuque, Section 1. That the Zoning Map of the City of Dubuque, as re- vided by Ordinance No. 3-34, designated the Zoning Ordinance, be and the same is hereby amended and changed by changing from its present Single FamRy Residence Dietrlct Classification to Two Adjourned Regular Session, December 9, 195$ 535 Family Residence District Classifi- cation the property described as tollowa: Lots 18, 19, 20, 21, 22, 41, 42, 43 44 and 45 McDaniels Park ti111 Addition. Sect[on 2. This Ordinance shall be in full force and effect from and after Ito final passage, adop- tion and publication as by law provided. Introduced the 3rd day of No- vember, 1958. Rule requir[ng reading on three separate days suspended by unan- imous vote the 3rd day of Novem- ber, 1958. Passed by recorded ron call vote, adopted and approved this 9th day of December, 1968. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHiIF.i.T.FR. Attest: Leo F. Frommelt, City Clerk. Published officially In the Tele- graph-Herald newspaper this 15th day of December, 1958. Leo F. Frommelt, City Clerk. it, 12-16. Councilman Schueller moved the Final Adoption of the Ordinance. Seconded by Councilman Takos. 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, Record of Hearing and Certificate to Amend Current Budget adopted August 12, 1957 by increasing amounts in Sanitation Fund, Rec- reation Park General Fund and City Assessment Expense Fund, No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing, 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. ORDINANCE N0. 7458 An Ordinance amending Budget as approved by Resolution No. 174 57 and Ordinance No. 1.58, said Ordinance having passed upon first reading on November 24, 1958 and placed on file far public inspection, presented for Final Adoption. ORDINANCE N0. 1458 An Ordinance amending Budget as approved by Resolution No. 17457 and Ordinance No. 1.58. Be It Ordained by the City Counen of the City of Dubuque: That the unexpended cash balances on hand at the close of the preceding fiscal year not estimated or appropriat• ed In the original budget approved by Resolution No. 17457 and Ordinance No. 1.58 are hereby allocated and ap• proprlated for payment of necessary expenditures of City Government, in the following amounts and for the pur• poses as hereinafter set forth and to that end the appropriations and alla cations of flmds are hereby authorized, to sit: RECEIPTS Unencumbered Fund Balance Total Sanitation Fund ...,...... 87,500.00 Recreation-Park Gen• eral Fund .................. 21,500.00 City Assessment Ex• pense Fund ................ 1,721.00 110,721.00 EXPENDITURES Sanitation Fund Item No. 102•J•2 Maio Sewers and Inlets.... 87,500.00 This appropriation shall be paid from Unencumbered C a s h balance and revenue over and above the amounts anticipated January 1, 1958. Recreatian•Park General Item No. 194A Park Administration ,.. 300.00 Item No. 144•B Park Areas, Bundings, Etc . .............................. 21,200.00 21,500.00 These appropriations shall be paid from Unencumbered Cash balance and revenue over and above amounts anticipated January 1, 1958. Clfy Assessment Expense Fund Item No. 1p8J City Assessment Expense 1,721.00 This appropration shall be paid from Unencumbered c a s h over and above cash balance antidpat• ed January 1, 1958. Total Additional ap• proprIations for the expenditure of City Government of the City of Dubuqyue Iowa, for the fiscai year beginning Janu- ary 1, 1958 and end• ing December 31, 1958 110,721.00 Passed upon first reading this 24th day of November, 1958. Passed, adopted and approved upon final reading this 9th day of Decem• bar, 1958. CLARENCE P. WELD, Mayor GEORGE A.FftEUND LEO N. SCHUELLER CHARLES A. KINTZDQGER PETER J. TAKOS Coundlmen Attest: Leo F. Frommelt City Clerk Published officially in The Tele• graph-Herald newspaper, this lSt6 day oP December, 1958. LEO F. FROMMELT it. 12.15 City Clerk 536 Adjourned $egular Session, December 9, 1958 Councilman Kintzinger moved the Final Adoption of the Ordi- nance. Seconded by Councilman Schueller. Carried by the follow• ing vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None, Petition of John Nicks et al re- questing ttre installation of a traf- fic light at 24th & Jackson street, presented and read. Mr. John Nicks, J. Sprenglemey- er, Leo Spahn and Joe Guilford all addressed the Council relative to the hazards existing at the 24th & Jackson street intersection. Ma- yor Welu moved that the petition be referred to the City Manager and Traffic Department for inves- tigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Petition of Richesons Excavating Service requesting permission to excavate in the streets and alleys of the City presented and read. Councilman Takos moved that the request be granted subject to proper insurance coverage. Sec- onded by Councilman Freund. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Petition of Conlon Construction Co. Requesting permission to in• stall a 1Vi" water service line in Bissell Lane to service a Round the Clock Laundromat at 31 Locust street, presented and read. Councilman Takos moved that the request be granted. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Petition of O'Connor, Thomas, McDermott and Wright, attorneys for Dominican College of St. Rose of Lima, requesting vacation and conveyance of the alley lying to the east of Lots 1, 2 and 3 of Union Place to the person or persons entitled thereto as shown by the records, presented and read. Mayor Welu moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None, Petition of Hillcrest Builders Inc. requesting amendment of Or- dinance No. 68-58 to exclude Enid Street and Alpha Avenue from the Ordinance and that they be grant- ed a hookup charge for any lots not owned solely by them but ser- viced by these utilities, presented and read. Mayor Welu moved that the petition be referred to the City Manager, City Solicitor and Engi• veering Department and that the Council be given a more complete picture of the matter. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Mayor Welu moved that the City Manager contact Mr. Dick Hansel that action be taken to repair the intersection of Hillcrest & Deb- orah Drive. Seconded by Council• man Freund. Carried by the fol• lowing vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Proposal to dispose of Real Estate and Receipt of Bids, to consider the proposal to dispose of Lot 597 in Hams Addition in the City of Dubuque, presented and read. Councilman Freund moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Two sealed bids were received, opened and read for the purchase of Lot 597 in Hams Addition in the City of Dubuque, Iowa; one submitted by Lloyd Luber in the Adjourned ){egular Session, December 9, 1858 537 amount of $400 and one submit- ted by Edmund 0. Bernhard in the amount of $325. Councilman Kintzinger moved that Lot 597 in Hams Addition be sold to the highest bidder and the certified check of the losing bid- der be returned. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. RESOLUTION NO. 24b•Si Whereas, the City Councn of the City of Dubuque has invited bids far the purchase of Lot 597 in Ham's Addi• tlon in the City of Dubuque, Dubuque County, Iowa; and Whereas, at a public meeting held pursuant to public notice at 7:30 o'clock p.m. on the 9th day of December, 1958, at the City Council Chamber in the City Hall, sealed bids were presented to the City Councll and the bids having been opened it was determined that the bid of Lloyd Luber, in the amount of $400.00, for the above described real estate was the highest and best bid; and Whereas the City Council at said public meeting, pursuant to notice pub- lished io The Telegraph•Herald Novem• ber 7, 1958 and November 14, 1958, has determined that it is in the best pub• nc interest that said bid be accepted; Now Therefore, Be It Resolved by the City Counen of the City of Du• buque: Section 1. That the offer of Lloyd Luber in the amount of $400,00 for the ppurchase of Lot 597 !n Ham's Addition 1n the City of Dubuque, Dubuque County, Iowa, be and the same is here• by accepted and the Mayor and City Clerk be and they are hereby author- ized and directed to execute a Quit Claim Deed conveying all right, title and interest of the City of Dubuque to and to said real estate, to Lloyd Luber and deliver the same upon re• ceipt of the payment of 6400.00. fiecUon 2. That the City Clerk be and he is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of Du- buque County, Iowa. Passed and adopted after public hearing by recorded raR call vote this 9th day of December A.D. 1958. CLARENCE P. 4VELU Mayor GEORGE A. FREUND LEO N, SCIiUELLER CHARLES A. KBQTZINGER rcirii J, TAKOS Councilmen Attest: Leo F. Frommelt City Clerk Published officially in The Telegraph• Herald newspaper this 29th day of De- cember, 1958. LEO F. FROMMELT, lt. 12-29 Clty Clerk Councilman 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. December 2, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Under Ordinance 52-56 permis- sion was granted for the construc- tion of a sewer between Kaufmann Avenue and Scenic View Heights Subdivision No. 2. I hereby certify that the follow- ing is a statement of all costs for this sewer which was constructed by Fondell and Sons and approved by the City Engineer's Office. 785.4 Lin. Ft. 8" V.C.T. sewer @ 2.02/ft ............. $1586.51 14.0 Lin. Ft. Manhole side- wall @ 14.65/ft. ,..,.... 205.10 12.96 Cu. Yds. Rock Exca- vation @ 12,00/cu.yd...,. 155.52 2 No. of Manhole bases @ 20.65 .......................... 41.30 2 No. of Manhole rings & covers @ 49.90 .............. 99.80 Engineering, plans do stak• ing .................................... 175.00 Inspection .......................... 113.29 $2376.52 Very truly yours, J. H. SCHILTZ Councilman Freund moved that the comunication be made a mat• ter of record. Seconded by Coun• Gilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0.247.56 Resolution Accepting Sanitary Sewer constructed in Lot 2 of Lot 1 of Mineral Lot 370 from an existing manhole in Kauf- mann Avenue northerly to Maryville Drive in Scenic View Heights Subdivision No. 2 for a Distance of 785.4 feet by J. H. Schiltz. WHEREAS, under the provi- sions of Ordinance No. 52-58, J. H. Schiltz has constructed a sanitary sewer, and WHEREAS, the City Engineer has inspected the same and the City Manager has recommended its acceptance, and WHEREAS, the permittee under said ordinance has filed with the City Council a certified statement 538 Adjourned $egujar Session, becember 9, 1958 showing all the amounts paid out by him in connection with the con- struction of said sewer, including engineering and inspection fees amounting to $2376.52. NOW, THEREFORE, BE Tf RE• SOLVED by the City Council of the City of Dubuque: Section 1. That said sewer is hereby accepted by the City of Dubuque and that the same be hereafter a public sewer under the exclusive charge and control of the City of Dubuque. Section 2. That the acceptance of said sewer by the City of Du• buque and the establishment of said sewer as a public sewer shall not be construed to relieve J. H. Schiltz or his contractor, Andrew Fondell & Sons, or his bondsmen from their obligation, or the ob- ligation of any one of them, to keep said sewer in good repair for a period of not less than two years from the date of this reso• lotion as provided in Ordinance No. 52.58. Section 3. That hereafter any person or persons desiring to con- nect with said sewer, excepting J. H. Schiltz, shall first apply to the City Manager for permission so to do and such permission shall be granted upon condition that the applicant shall pay to the City Treasurer for the account of J. H. Schiltz, a connection charge of $1.868 per front foot of land to be served by said connection. However, nothing in this resolu- tion shall be construed to exact any charge for any extension of said sewer made by the City of Du- buque or its permittees. Passed, adopted and approved this 9th day of December 1958. CLARENCE P. WELU Mayor GEORGE A. FREIJND LEO N. SCHUELLER CHARLES A. KINTZINGER r~r~n J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution and that a certified copy of same be filed in the County Recorder's of- fice.. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 4, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise you that the improvement of Floraview Drive (formerly Montana Street) from the South Property Line of Mer- feld Lane to the North Property Line of Flora Park, with concrete curb and gutter under contract to Schueller & Ca Inc., has been completed in accordance with the plans and specifications. I recommend the acceptance of this improvement. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Freund moved that the recommendation of the City Manager be approved, Seconded by Councilman Takos. Carried by the following vote: .Yeas-Mayor Welu, Councilmen. Freund , Kintzinger, Schueller, Takos. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0.248.58 WHEREAS, the contract for the improvement of Floraview Drive (formerly Montana Street) from the South Property Line of Mer• feld Lane to the North Property Line of Flora Park with Concrete Curb and Gutter has been com- pleted and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspec- tion, and preparing the assessment and plat, now therefore, BE 1T RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $92830. That $78225 of the cost thereof shall be assessable upon private property and $146.05 shall be paid from the Street Construction Fund of the City of Dubuque. Adjourned Regular Session, December 9, 1958 539 Passed, adopted and approved this 9th day of December 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KIlVTZINGER 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 Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. (A Resolution Accepting Improve• ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0.249.58 WHEREAS, the contract for the improvement of Floraview Drive (formerly Montana Street) from the South Property Line of Mer-' feld Lane to the North Property Line of Flora Park with Concrete Curb & Gutter has been completed and the City Manager has exam• fined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT 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 di- rected to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt cf such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and be is hereby directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 9th day of December, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZBVGER 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 Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 3, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise you that the improvement of Floraview Drive (formerly Montana Street) with Bi- tuminous Concrete Surfacing un- der construction by Schueller and Company, Inc., has been complet- ed in accordance with the plans and specifications. I therefore recommend the ac- ceptance of this improvement. Respectfully submitted, I.. J. SCHII.TZ, Citq Manager Councilman 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 N0.250.56 WHEREAS, the contract for the improvement of Floraview Drive (formerly Montana Street) from the South Property Line of Mer- feld Lane to the North Property Line of Flora Park with Bitumi- nous Concrete Surfacing has been completed and the City Engineer 540 Adjourned Regular Session, December 9, 1958 hes submitted his final estimate showing the cost thereof including the cost of estimates, notices, in• spection, and preparing the assess- ment 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 $864.26. That $528.41 of the cost thereof shall be assessable upon private property and $335.85 shall be paid from the Street Construction Fund of the City of Dubuque. Passed, adopted and approved this 9th day of December 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER rr;rr~c J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Sec• onded by Councilman Takos. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. (A Resolution Accepting Improve• ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0.251.58 WHEREAS, the contract for the improvement of Floraview Drive (formerly Montana Street) from the South Property Line of Mer• feld Lane to the North Property Line of Flora Park with Bitunu• Woos Concrete Surfacing has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec• ommends its acceptance, now therefore, BE IT 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 subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per• tentage provided for therein. Passed, adopted and approved this 9th day of December, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KIlVTZINGER rr,rrti J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 4, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise you that the "City of Dubuque 1958 Bituminous Concrete Paving Project No. i," under contract with Schueller & Co. Inc., has been completed in accordance with the plans and specifications. I therefore recommend the ac• ceptance of this improvement with the stipulation that Schueller ~ Co. Inc., has agreed to repair seal coat on portions of the following named streets by July 1, 1959: 1. Merfeld Lane 2. Floraview Drive 3. Custer Street 4. Kaufmann Avenue 5. Hempstead Street Adjourned Regular Session, December 9, 1958 541 An appropriate amount of mon• ey will be retained from the final payment. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second• ed 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 NO.152.58 WHEREAS, the contract for the City of Dubuque 1958 Bituminous Concrete Paving Project No. 1. 1. Kaufmann Avenue from the end of existing curb at the West Property Line of Lot 1 of Wieden• bather Sub. to the East Property Line of Carter Road. 2. Bunker Hill Street from the South Property Line of Clarke Drive to the North Property Line of Asbury Road. 3. Floraview Drive (formerly Montana Street) from the South Property Line of Wilbricht Lane to the north property line of Mer- feld Lane. 4. Wilbricht Lane from the West Property Line of Asbury Road to the west end of Street. 5. Merfeld Lane from the East Property Line of Floraview Drive (formerly Montana Street) to the west end of Street, 6. Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street. 7, Custer Street from the West Property Line of Grandview Ave- nue to the East Property Line of Atlantic Street. 8. Chaney Road from the South Property Line of Hillcrest Road to the North Property Line of Penn- sylvania Avenue. 9. Hawthorne Street from the South Property Line of Lincoln to the North Property Line of Rhomberg Avenue. 10, Glen Oak Street from the North Property Line of Edina Street to the end of platted street. 11. Alley between Locust and Bluff running from the North Property Line of Jones Street to the South Property Line of 5th Street. 12. Davis Avenue from the East Property Line of Windsor Avenue to the East Property Line of Lot No. 2•i-1•W~Z-Lot 3 of the NE'/a Section 13 T89N R2E 5th P. M. 13. Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Lot 2 of the Sub, of 1.150 and 150A L. H. Langworthy Addi• lion. 14. Bissell Lane from the North Property Line of Dodge Street to the South Property Line of Jones Street, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti• mates, notices, inspection, and pre• paring 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 $92,108.50. That $88,801.22 of the cost thereof shall be assessable upon private property and $3,307.28 shall be paid from the Street Con• struction Fund of the City of Du- buque. Passed, adopted and approved this 9th day of December, 1958. CLARENCE P, WELD 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. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. 542 Adjourned Regular Session, December 9, 1958 (A Resolution Accepting Improve• ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0.253•S8 lvnrnEAS, the contract for the City of Dubuque 1958 Bituminous Concrete Paving Project No. 1. 1. Kaufmann Avenue from the end of existing curb at the West Property Line of Lot 1 of Weiden- bacher Sub. to the East Property Line of Carter Road. 2. Bunker Hill Street from the South Property Line of Clarke Drive to the North Property Line of Asbury Road. 3. Floraview Drive (formerly Montana Street) from the South Property Line of Wilbricht Lane to the North Property Line of Merfeld Lane. 4. Wilbricht Lane from the West Property Line of Asbury Road to the west end of Street. 5. Merfeld Lane from the East Property Line of Floraview Drive (formerly Montana Street) to the west end of Street. 6. Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street. 7. Custer Street from the West Property Line of Grandview Ave- nue to the East Property Line of Atlantic Street. 8. Chaney Road from the South Property Line of Hillcrest Road to the North Property Line of Penn- sylvania Avenue. 9. Hawthorne Street from the South Property Line of Lincoln to the North Property Line of Rhomberg Avenue. 10. Glen Oak Street from the North Property Line of Edina Street to the end of platted street, 11. Alley between Locust and Bluff running from the North Property Line of Jones Street to the South Property Line of 5th Street. 12, Davis Avenue from the East Property Line of Windsor Avenue to the East Property Line of Lot No. 2-1.1-W'Fa-Lot 3 of the NE'/a Section 13 T89N R.",E 5th P. M. 13. Hempstead Street from the South Property Line of Raufmann Avenue to the North Property Line of Lot 2 of the Sub. of 1-150 and 150A L. H. Langworthy Addition 14. Bissell Lane from the North Property Line of Dodge Street to the South Property Line of Jones Street, bas been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its accept- ance, now therefore, BE IT 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 par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall up• on receipt of such plat and sched- ule publish the notice of the Coun- cil's intention to levy special as- sessments therefor, as required by law. BE IT FURrnrtt 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 Street Im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per• tentage provided for therein. Passed, adopted and approved this 9th day of December, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. RIIV i~u1GER PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. Adjourned Regular Session, December 9,1558 543 December 4, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise you that the "City of Dubuque 1958 Concrete Curb & Gutter Project No. 1;' un- der contract with Schueller & Co. Inc., has been completed in accord- ance with the plans and specifica- tions. I therefore recommend the ac- ceptance of this improvement. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Sec- onded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0. 254.58 WHEREAS, the contract for the City of Dubuque 1958 Concrete Curb & Gutter Project No. 1. 1. Kane Street from the East Property Line of Carter Road ex- tended to the East Property Line of Mineral Lot 376A. 2. Kane Street from the East Property Line of Mineral Lot 376A to the East Property Line of Lot 1.2.1 of Mineral Lot 351. 3. Carter Road from the East Property Line of Kaufmann Ave- nue to the South Property Line of Kane Street. 4. Kaufmann Avenue from Lot No. 1 of Weidenbacher's Subdivi- sion to the East Property Line of Carter Road. 5. Bunker Hill Road from the South Property Line of Clarke Drive to the North Property Line of Asbury Road. B. Merfeld Lane from the West Property Line of Floraview Drive (formerly Montana Street) to the West end of Street (south side only.) 7. Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street. 8. Custer Street from the West Property Line of Grandview Ave- nue to the East Property Line of Atlantic Street. 9. Hawthorne Street from the South Property Line of Lincoln to the North Property Line of Rhom- berg Avenue, 10. Southern Avenue from the end of the present curb to the South Property Line of Lot No. 2-1 of Mineral Lot 9. 11. Glen Oak Street from the North Property Line of Edina Street to the end of platted street. 12. St. Anne Street from the existing curb to Flora Park. 13. Adeline Street from the East Property Line of Ramona to east end of street. 14. Davis Avenue from the East Property Line of Windsor Avenue to East Property Line of Lot No. Z•1-1W~Z of Lot 3 of the NE'/a Section 13 T89N, R2E, 5th P. M. 15. Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Lot 2 of the Sub, of Lot 1.150 and 150A of L. H. Langworthy Ad• dition, 16. Lombard Street from the West Property Line of West 50 feet of East 100 feet of Lot 2-2.11 of Westabys Subdivision to the West Property Line of Collins Street, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring 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 $96,786.02. That $72,053.41 of the cost there• of shall be assessable upon private property and $24,732.61 shall be paid from the Street Construction Fund of the City of Dubuque. Passed, adopted and approved this 9th day of December, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk 544 Adjourned Regular Session, December 9, 1958 Councilman Kintzinger moved the adoption of resolution. Second• ed by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. (A Resolution Accepting Improve• ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0.255.58 WHEREAS, the contract for the City of Dubuque 1958 Concrete Curb & Gutter Project Na. 1. 1, Kane Street from the East Property Line of Carter Road ex- tended to the East Property Line of Mineral Lot 376A. 2. Kane Street from the Eact Property Line of Mineral Lot 376A to the East Property Line of Lot 1.2.1 of Mineral Lot 351. 3. Carter Road from the East Property Line of Kaufmann Ave- nue to the South Property Line of Kane Street. 4. Kaufmann Avenue from Lot No. 1 of Weidenbacher's Subdivi• Sion to the East Property Line of Carter Road. 5. Bunker Hill Road from the South Property Line of Clarke Drive to the North Property Line of Asbury Road. 6. Merfeld Lane from the West Property Line of Floraview Drive (formerly Montana Street) to the West end of Street (south side only.) 7. Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street. 8. Custer Street from the West Property Line of Grandview Ave- nue to the East Property Line of Atlantic Street. 9. Hawthorne Street from the South Property Line of Lincoln to the North Property Line of Rhomberg Avenue. 10. Southern Avenue from the end of the present curb to the South Property Line of Lot No. 2-1 of Mineral Lot 9. 11. Glen Oak Street from the North Property Line of Edina Street to the end of platted street. 12. St. Anne Street from the ex- isting curb to Flora Park. 13. Adeline Street from the East Property Line of Ramona to east end of street. 14. Davis Avenue from the East Property Line of Windsor Avenue to East Property Line of Lot No. 2-1.1-WIZ of Lat 3 of the NE'/a Section 13 T89N, R2E, 5th P.M. 15. Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Lot 2 of the Sub, of Lot 1.150 and 150A of L. H, Langworthy Ad• dition. 16, Lombard Street from the West Property Line of West 50 feet of East 100 feet of Lot 2.2-11 of Westabys Subdivision to the West Property Line of Collins Street, has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT 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 di- rected to prepare a plat and sched• ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVID, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per tentage provided for therein. Adjourned Regular Session, December 9, 1958 545 Passed, adopted and approved this 9th day of December, 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 Takos moved the adoption of the resolution. Second- ed by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. December 9, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The construction of the City of Dubuque 1958 Sanitary Sewer Project-Bid Section No. 1 and Bid Section No, 2, has been com• pfeted in accordance with the plans and specifications. I therefore recommend that the improvement be accepted. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kint2inger, Schueller, Takos. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0.256.58 WtttJxEAS, the contract for the City of Dubuque 1958 Sanitary Sewer Project No, i-Bid Section No. 1. 1. University Avenge from the existing manhole is Isborn Street opposite Lot No, 109 Lenox Addi- tion thence southeast to the cen- ter line of University Avenue thence northeast to the intersec- tion of University Avenue and Van Buren street (formerly Lenox Ave• nue). 2. Beverly Avenue from the south property line of Van Buren street (formerly Lenox Avenue) to the City Limits. 3. Carlton Avenue from the south property line of VanBuren street (formerly Lenox Avenue) to the City Limits. 4. VanBuren street (formerly Lenox Avenue) from the existing manhole opposite Lot No. 481 Len• ox Addition to Lot No. 52 of Lenox Addition; and from the existing manhole opposite Lot No. 314 of Lenox Addition to Lot 237 of Len- ox Addition. 5. Nebraska Avenue from the west property line of McPoland Avenue to Lot No. 585 of Lenox Addition. 6. Austin Place from the West property line of McPoland Avenue thence east through Lot No. 1.2.2• i-1 of Mineral Lot 256 and Lot No. 1-1-1 of Hyatt Place, thence north through Austin's Subdivision to Austin Place, thence north in Aus- tin Place to Lot No. 1 of Austin Place. 7. McPoland Avenue from the north property line of Lenox Ave- nue to the South Property Line of Pennsylvania Avemie. 8. Wisconsin Avenue from the north property line of Marmora Avenue to the south property line of Pennsylvania Avenue. 9. Hickson Avenue from the north property line of Van Buren Street (formerly Lenox Avenue) to the south property line of Penn- sylvania Avenue. 10. Fairfax Avenue from the ex- isting manhole at the intersection of Fairfax Avenue and Marmora Avenue to the south property line of Pennsylvania Avenue. 11. Drexel Avenue from the north property line of VanBuren Street (formerly Lenox Avenue) to the south property line of Pennsyl• vania Avenue. 12. Missouri Avenue from the existing manhole opposite Lot No. 314 of Lenox Addition to the south property line of Ridgeway Avenue. 13. Ridgeway Avenue from the east property line of Born Avenue to the West Property line of ilffs• souri Avenue, 548 Adjourned Regular Session,l5ecember 9,195$ 14, Indiana Avenue from the east property line of Born Avenue to the west property line of Mis- souri Avenue. 15. Born Avenue from the north property line of Ridgeway avenue to the south property line of Van Buren Street (formerly Lenox ave• nue). 16. Pennsylvania Avenue from Lot No. 1-E'h-2.1.2 of J. P. Met- tel's Subdivision, thence West to Green Street, thence north in Green street to the existing man- hole opposite Lot No. 1.1-1 of Dig- man Reilly Place. 17. Pennsylvania Avenue from the existing manhole at the inter- section of Chaney Road and Penn- sylvania Avenue to the west prop- erty line of Hickson Avenue and from the existing manhole opposite Molo & Schrup Place No. 1 to Lot No. 344 of Lenox Addition and from Illinois Avenue to Brown Place No. 2, thence southerly to ; VanBuren street (formerly Lenox Avenue sewer, has been complet- ed 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 $103,268.27. That $97,396.27 of the cost there- of shall be assessable upon private property and $5,872.00 shall be paid from the 162•J-2 Fund of the City of Dubuque. Passed, adopted and approved this 9th day of December, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER rr;~rrac J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. (A Resolution Accepting Improves meat and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0.257.58 WrirnEA5, the contract for the construction of the City of Du• buque 1958 Sanitary Sewer Project No. 1-Bid Section No. 1. 1. University Avenue from the existing manhole in Inborn Street opposite Lot No. 109 Lenox Addi- tion thence southeast to the cen• ter line of University Avenue thence northeast to the intersec- tion of University Avenue and Van Buren street (formerly Lenox Ave- nue). 2. Beverly Avenue from the south property line of VanBuren street (formerly Lenox Avenue) to the City Limits. 3. Carlton Avenue from the south property line of VanBuren street (formerly Lenox Avenue) to the City Limits. 4 VanBuren street (formerly Lenox Avenue) from the existing manhole opposite Lot No. 481 Len• ox Addition to Lot No. 52 of Len• ox Addition; and from the exist- ing manhole opposite Lot No. 314 of Lenox Addition to Lot 237 of Lenox Addition. 5. Nebraska Avenue from the west property line of McPoland Avenue to Lot No. 585 of Lenox Addition. B. Austin Place from the West property line of McPoland Avenue thence east through Lot No. 1.2.2• 1.1 of Mineral Lot 256 and Lot No. 1-1-1 of Hyatt Place, thence north through Austin's Subdivision to Austin Place, thence north in Austin Place to Lot No. 1 of Aus• tin Place. 7. McPoland Avenue from the north property line of Lenox Ave- nue to the South property line of Pennsylvania Avenue. 8. Wisconsin Avenue from the north property line of Marmora Avenue to the south property line of Pennsylvania Avenue. 9. Hickson Avenue from the north property line of VanBuren Street (formerly Lenox Avenue) to the south property line of Penn• sylvania Avenue. Adjourned Regular Session, December 9, 1958 547 10. Fairfax Avenue from the ex- isting manhole at the intersection of Fairfax Avenue and Marmora Avenue to the south property line of Pennsylvania Avenue. 11, Drexel Avenue from the north property line of VanBuren Street (formerly Lenox Avenue) to the south property line of Pennsyl- vania Avenue. 12. Missouri Avenue from the existing manhole opposite Lot No, 314 of Lenox Addition to the south property line of Ridgeway Avenue. 13, Ridgeway Avenue from the east property line of Born Avenue to the West Property line of Mis- souri Avenue. 14. Indiana Avenue from the east property line of Born Avenue to the west property line of Mis- souri Avenue. 15. Born Avenue from the north property line of Ridgeway avenue to the south properyt line of Van Buren Street (formerly Lenox ave- nue). 16. Pennsylvania Avenue from Lot No. 1-E~Z-2.1-2 of J. P. Met- tel's Subdivision, thence West to Green Street, thence north in Green street to the existing man- hole opposite Lot No. 1.1-1 of Dig- man Reilly Place. 17. Pennsylvania Avenue from the existing manhole at the inter- section of Chaney Road and Penn- sylvania Avenue to the west prop- erty line of Hickson Avenue and from the existing manhole oppo- site Molo & Schrup Place No. 1 to Lot No. 344 of Lenox Addition and from Illinois Avenue to Brown Place No. 2, thence southerly to Van Buren street (formerly Lenox Avenue) sewer, has been complet- ed and the City Manager has ex• amined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recom- mends its acceptance, now there- fore, BE IT 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 direct- ed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shalt upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided far therein. Passed, adopted and approved this 9th day of December, 1958. CLARENCE P. WELD Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KIIJTZINGER r~rrx 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 Welu, Councilmen Freund , Kintzinger, SchueIler, Takos. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0.258-SB WHEREAS, the contract for the City of Dubuque 1958 Sanitary Sewer Project No. 1 Bid Section No. 2. 1. Earl Drive from the existing manhole in Lot 23 of Folks Subdi- vision to the intersection of Penn- sylvania Avenue and Earl Drive. 2. Pennsylvania Avenue from the intersection of Pennsylvania Avenue to Lot No. 2.4 of Mineral Lot 257. 3. Ideal Lane from the intersec- tion of Eari Drive and Ideal Lane to Lot No. 15 of Folks Subdivision. 4. Ruann Drive from the inter- section of Ideal Lane and Ruann Drive to Lot No. 37 of Folks Subdi- 548 Adjourned Regular Session, December 9, 1958 vision, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti• mates, notices, inspection, and preparing the assessment and plat, now therefore, BE 1T RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve• meat is hereby determined to be $13,923.50. That $13,923.50 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 9th day of December, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KIlVTZINGER r~rrtt 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 Welu, Councilmen Freund , Kintzinger, Schueller, Takos. Nays-None. (A Resolution Accepting Improre• ment end Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0.259•SB WHEREAS, the contract for the construction of the City of Du- buque 1958 Sanitary Sewer Proj- ect No: 1-Bid Section No. 2, 1. Earl Drive from the existing manhole in Lot 23 of Folks Sub- division to the intersection of Pennsylvania Avenue and Earl Drive. 2. Pennsylvania Avenue from the intersection of Pennsylvania Avenue to Lot No. 2.4 of Mineral Lot 257. 3. Ideal Lane from the intersec- tion of Earl Drive and Ideal Lane to Lot No. 15 of Folks Subdivision. 4. Ruann Drive from the inter- section of Ideal Lane and Ruann Drive to Lot No. 37 of Folks Sab- division, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its accept- ance, now therefore, BE IT 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 di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten• lion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 9th day of December, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KIhieulGER rnian 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 Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. December 9, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Ref: Beer Permit Roger J. Bertsch Gentlemen: During this past summer, Mr. Bertsch remodeled the front of his tavern and he was reminded at Adjourned Regular Session, December 9, 1958 549 that time to change the position of the front windows in order that it would conform to our regula• lions for taverns operating in the City of Dubuque. Mr. Bertsch, at that time, said that rather than change the win• doves, he would apply for a hotel beer permit instead of a tavern pernrit, The permit for Mr. Bertsch has expired and he has again applied far a tavern license or beer per- mit. Upon conferring with his at- torney, Ihave agreed that if he would guarantee that if the front of his tavern would be remodeled to conform to ordinance prior to April 1, 1959, I would recommend that the Council issue him a per- mit, however, if this work is not done, I will recommend that the Council at that time revoke the license. Respectfully submitted L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second- ed by Councilman Freund. Car• ried by the following vote: Yeas-Mayor Welu, Councilman Freund, Kintzinger, Schueller, Ta• kos. Nays-None. RESOLUTION N0.260.58 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 up- on the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT FOR PRIVATE CLUB Benevolent & Protective Order of Elks, No. 297, 7th and Locust Streets CLASS "C" PERMIT Marcus J, Meyer, 2700 Jackson Street Cruso A. A1ba,2801 Jackson Street Helen O'Mara, 1397 Washington Street Passed, adopted and approved this 9th day of December, 1958. CLARENCE P. WELD 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. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintainger, Schueller, Ta- kos. Nays-None. RESOLUTION NO.161.58 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 premsies 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 Edward A. Haberkorn, 2816 Wind- sor Avenue John B. Burgmaier, 2419 Rhom- berg Avenue Mrs. Marcella Roeder, 25 West 7th Street Roger J. Bertsch, 300.312 Main Street CLASS "B" PERMIT Edward A. Haberkorn, 2816 Wind- sor Avenue John B. Burgmaier, 2419 Rhom- berg Avenue Mrs. Marcella Roeder, 25 West 7th Street Roger J. Bertsch, 300.312 Main Street 550 Adjourned Regular Session, December 9,1958 CLASS "B" PERMIT There being no further business FOR PRIVATE CLUB Councilman Kintzinger moved to adjourn. Seconded by Councilman Benevolent & Protective Order of Takos. Carried by the following Elks, No. 297, 7th and Locust vote: Streets CLASS "C" PERMIT Marcus J. Meyer, 2700 Jackson Street Cruso A. Alba, 2601 Jackson Street Helen O'Mara, 1397 Washington Street BE 1T FURrt~t RESOLVED that the bonds filed by such ap• plicants be and the same are here- by approved. Passed, adopted and approved this 9th day of December, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A, KINTZINGER 'r~ir.~c J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second• ed by Councilman Rintzinger. Caz• Tied by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. Councilman Takos moved that the person authorized to speak for the City at the Large City Group of the League of Iowa Municipali• ties meeting to be held at the Le- gion Hall on Thursday, December 11, 1958 speak out for reappor• tionment and encourage the expe- diting of same. Seconded by Coun- cilman Freund. Carried by the fol• lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Councilman Freund moved that the Mayor be authorized to ap• point a Magor's committee for In• dustrial Development which will include a cross section of the com• munity. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schuetler, Ta- kos. Nays-None. Yeas-Mayor Welu, Councilmen Freund, Rintzinger, Schuelier, Ta• kos. Nays-None. LEO F. FROMMELT City Clerk Approved ....................................1959 Adopted ......................................1959 COUnCllmen ............................... .... Attest ................................................ City Clerk