1951 September Council Proceedings..~i
528 Special Session, August 27, 1951
Passed, adopted and approved
this 27th day of August, 1951.
ROMOLO N. RUS50,
Mayor.
CLARENCE P. WELU,
RAY F. KOLB,
' RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kolb moved the
adoption of the resolution. Second-
ed by Councilman Austin. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Mr. AI Dupont, District Man-
ager of Interstate Power Company,
addressed the Council with refer-
ence to extending the bus route
on Cleveland Avenue and also to
extending the bus route to serve
Park Hill District.
There being no further business,
Councilman Welu moved to ad-
journ. Seconded by Councilman
Austin. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ............................... 1952,
Adopted .... ......................... 1952.
Councilmen ......................................
......................................
A tteat :....................................................
City Clerk
Regular Session, September 4, 1951 529
City Council
(OFFICIAL)
Regular Session, September 4th,
1951.
Council met at 7:30 P.M.
Present-Mayor Russo, Council•
men Austin, Kolb, Schueller, Welu.
City Manager Schiltz.
Mayor Russo stated that this is
the regular monthly meeting of
the City Council for the purpose
of acting upon such business as
may properly come before the
meeting.
Proof of publication, certified to
by the publishers, of notice of pen-
dency of resolution of necessity and
hearing upon proposed plans and
specifications, form of contract
and cost of improvement for the
construction of a detention reser-
voir on 32nd Street to relieve
present Bee Branch Sewer located
adjacent to the inlet of present
Bee Branch Sewer including earth
dam, concrete spillway and retain-
ing wall and the relocation of 32nd
Street, presented and read.
Councilman Welu moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
(Decision of Council upon ob•
jections to plans, specifications,
form of contract and cost of im•
provements.)
RESOLUTION N0. 334-51
Whereas, proposed plans and
specifications and form of con-
tract for the detention reservoir
on 32nd Street to relieve present
Bee Branch Sewer located adja•
cent to the inlet of present Bee
Branch Sewer, including earth
dam, concrete spillway and retain-
ing wall and the relocation of 32nd
Street have been approved by the
City Council of the City or Du-
buque and public notice given as
provided by Chapter 391 of the
Code of Iowa, 1950, pertaining to
public contracts and bonds, and
the time and place fixed for the
hearing of all objections to said
plans, specifications or contract
for or cost of such improvements,
said time being this 4th day of
September, 1951; and
Whereas, the City Council met io
regular session this 4th day of
September, 1951, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and pro
posed to be made; and
Whereas, all interested parties
have been given an opportunity
to be heard and all objections
which have been filed have been
duly weighed and considered;
now, therefore
Be It Resolved by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de•
scribed and proposed to be made,
be and the same are 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 de-
cision of this Council upon all ob-
jections which have been filed to
the plans, specifications and form
of contract for or cost of said im-
provement be made a matter of
permanent record in connection
with said improvement.
Passed, adopted and approved
this 4th day of September, 1951.
ROMOLO N. RUSSO,
Mayor
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Sea
onded by Councilman Welu, Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 305-51
(NECESSTfY FOR
IMPROVEMENT)
Whereas, proposed plans, speci-
fications and form of contract
have been duly prepared and ap-
530 Regular Session, September 4, 1951
proved 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 nature and type of improve-
ment and 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 for the con-
struction of a detention reservoir
on 32nd Street to relieve present
Bee Branch Sewer located adja-
cent to the inlet of present Bee
Branch Sewer, including earth
dam, concrete spillway and retain-
ing wall and the relocation of 32nd
Street.
Be It Therefore Resolved that
the City Council on its motion
deems it advisable and necessary
for the public welfare to make the
herein mentioned improvement.
Said improvement shall be con•
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Sani-
tation Fund or such other funds
of the City of Dubuque as may be
proper, or partly out of each of
said funds. Sewer bonds shall be
issued and sold when a contract
has been performed and accepted
and the proceeds thereof used to
pay the contractor.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 20th day of August, 1951,
The foregoing resolution was
finally passed and adopted, as pro-
posed, by the City Council this
4th day of September, 1951.
ROMOLO N. RUSSO,
Mayor
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. 5CHUELLER,
Councilmen
Attest: J, J. SHEA,
City Clerk
Councilman Welu moved the
adoption of the resolution. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
(Ordering Construction)
RESOLUTION N0. 335-61
Be It Resolved by the City
Council of the City of Dubuque
that pursuant to a resolution of
necessity No, 305-51 which was
duly passed by this Council, for
the detention reservoir on 32nd
Street to relieve present Bee
Branch Sewer located adjacent to
the inlet of present Bee Branch
Sewer, including earth dam, con-
crete spillway and retaining wall
and the relocation of 32nd Street
be and the same are hereby
ordered and constructed by this
Council upon its own motion and
with or without the petition of
property owners. All the work
shall be constructed in accordance
with the plans and specifications
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 im-
provements bepaid for out of the
general, improvement, or sewer
funds of the city, or partly
from each of such funds. Pay-
ment will be made to the con•
tractor out of funds realized from
the sale of bonds as provided by
law after the work has been com-
pleted and accepted by the City
Council.
Be It Further Resolved that the
City Clerk be and he is hereby
ordered and directed to advertise
for proposals for the construction
of the various improvements here-
in provided for in the manner
provided by law, the said improve-
ments shall be completed on or
before 90 working 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 of September, 1951.
ROMOLO N. RUSSO,
Mayor
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N, SCHUELLER,
Councilmen
Attest: J. J, SHEA,
City Clerk
Regular Session, September 4, 1951 531
Councilman Welu moved the
adoption of the resolution. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu,
Nays-None.
RESOLUTION N0. 336--51
Resolution to fix a date of meet-
ing at which it is proposed to take
action for authorizing the issu-
ance of $131,000 Sanitary Fund
Sewer Bonds.
Whereas the City of Dubuque,
Iowa, acting by and through its
City Council, has heretofore de-
termined it to be immediately
necsssary to provide for construc-
tion sewers in and for said City,
the cost whereof is to be paid by
said City as a whole; and
Whereas it is deemed for the
best interest of said City that San-
itary Fund Sewer Bonds of said
City be authorized to be issued to
the amount of $131,000, as per-
mitted and provided for by Section
408.10 of the 1950 Code of Iowa
as amended for the purpose of pay-
ing the cost of constructing said
sewers, but it is first necessary to
give ~ notice and a hearing as re-
quired by Sections 23.12 and
408.11 of the 1950 Code of Iowa
as amended;
Now, Therefore, Be It Resolved
by the City Council of the City of
Dubuque, as follows:
Section 1. That this City Council
meet at the Council Chambers in
the City Hall within said City on
the 25th day of September, 1951
at 7:30 o'clock P.M. at which time
and place proceedings will be in-
stituted and action taken for
authorizing the issuance of One
Hundred Thirty-one Thousand Dol•
Lars ($131,000) Sanitary Fund
Sewer Bonds for the purpose of
defraying the cost of constructing
sewers in and for said City.
Section 2. The City Clerk is
hereby directed to give notice of
the proposed action for the is-
suance of said bonds, setting forth
the amount and purpose thereof,
the time when and place where
said meeting will be held, by pub-
lication at least once for at least
fifteen days before said meeting
in the Telegraph-Herald, an of-
ficial newspaper printed, published
and having a general circulation
within said City. Said notice shall
be in substantially the following
form:
"NOTICE OF MEETING FOR
ISSUENCE OF SEWER BONDS
The City Council of the City of
Dubuque, Iowa, will meet on the
25th day of September, 1951 at
the Council Chambers in the City
Hall, Dubuque, Iowa, at 7:30
o'clock P.M. for the purpose of
instituting proceedings and taking
action for the issuance of Sanita-
tion Fund Sewer Bonds of said
City to the amount of One Hun-
dred Thirty-one Thousand Dollars
($131,000) for the purpose of pay-
ing the cost of constructing sewers
in and for said City, at which meet-
ing taxpayers of the City or any
other interested party will be
given an opportunity to be heard..
At any time before the date of
said meeting five or more tax-
payers may file a petition in the
office of the City Clerk, setting
forth their objections thereto.
By order of the City Council
September 4th, 1951.
J. J. SHEA,
City Clerk."
Section 3. That all Resolutions or
parts thereof in conflict herewith
be and the same are hereby re-
pealed, and this Resolution shall
be effective forthwith upon its
passage and approval.
Passed and approved September
4th, 1951.
ROMOLO N. RUSSO,
Mayor
CLARENCE P. WELD,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen
Attest: J. J. SHEA,
City Clerk
Recorded September 4th, 1951.
J. J. SHEA,
City Clerk.
Councilman Kolb moved the
adoption of the resolution. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 337-51
Resolution Providing for the
Advertisement for Bids for the
Purchase of $131,000 Sanitation
Fund Sewer Bonds.
Whereas this City Council has
heretofore determined it to be
532 Regular Session, September 4, 1951
necessary that certain sewers be
constructed , in and for said City,
and it is deemed advisable and
for the best interests of said City
that Sanitation Fund Sewer Bonds
in the amount of $131,000 be vow
advertised for sale at competitive
bidding as required by Chapter
75 of the Code of Iowa;
Now, Therefore, Be It And It
Is Hereby Resolved and Ordered
by the City Council of the City of
Dubuque, Iowa, as follows:
Section 1. That advertisement
be made for bids for the purchase
of Sanitation Fund Sewer Bonds
of the City of Dubuque, Iowa, in
the principal amount of $131,000,
to be dated September 1, 1951, of
the denomination of $1000, matur•
ing serially $13,000 on November
1 of each years 1952 to 1960, in•
elusive, and $14,000 on November
1, 1961, and that such advertise-
ment state that all such bids will
be acted upon by the City Council
at its meeting to be held at 7:30
o'clock P.M., on September 25th,
1951. The City Clerk is hereby
authorized and directed to publish
notice of such advertisement one
each week for at least two consec-
utive weeks, in the Telegraph~
Herald, an official newspaper of
general circulation printed. and
published in said City of Dubuque,
and of general circulation in Du•
buque County, Iowa, such Notice
to be in the following form:
"NOTICE OF SALE OF BONDS
Sealed bids will be received by
the City Clerk of the City of Du-
buque, Iowa, unti17:30 o'clock p.m.,
September 25, 1951, for $131,000
Sanitation Fund Sewer Bonds of
said City, at which time such bids
will be presented to the Council of
said City at its meeting to be then
held at the Council Chambers in
the City Hall, in said City, and
after the receipt of open bids and
the opening of sealed bids, the
bonds will be sold to the highest
bidder for cash. Said bonds will be
dated September 1, 1951, and will
mature serially $13,000 on Novem-
ber 1 of each of the years 1952 to
1960, inclusive, and $14,000 on No-
vember 1, 1961. Both principal and
semi-annual interest will be payable
at the office of the City Treasurer
of the City of Dubuque, Iowa.
Bids should be made on the basis
of not less than par and accrued
interest or better, and, all other
things being equal, awards will be
made upon the most favorable bid
or bids specifying the lowest in-
terest rate. Bidders must furnish a
certified check on a State or Na•
tional Bank for two per cent (2%)
of the principal amount of bonds
bid for as a guarantee of good
faith, this amount to be forfeited
to the City by the successful bid-
der should he fail to take up and
pay for any of the bonds when
ready,
The City will furnish a complete
certified transcript of all proceed•
ings had in connection with the is-
sue of said bonds to the successful
bidder, but bids may not be con-
ditioned upon the approving opin-
ion of any attorneys or others. The
City will furnish the printed bonds
and all bids may be so conditioned.
The right is reserved to reject any
or all bids.
By order of the City Council this
4th day of September, 1951.
J. J. SHEA,
City Clerk."
Section 2. That all Resolutions or
orders in so far as same may be
in conflict herewith be and the
same are hereby repealed and that
this resolution be effective imme-
diately upon its passage and
approval.
Passed and approved September
4, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELD,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Recorded September 4, 1951
J. J. SHEA,
City Clerk.
Councilman Kolb moved the ad-
option of the resolution. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Notice of Claim of J. M, Kap-
paros in the amount of $105.84 for
damages to his automobile caused
in striking a rut in the street on
the corner of University Avenue
Regular Session, September 4, 1951 533
and Pennsylvania Avenue, pre-
sented and read.
Councilman Kolb moved that the
Notice of Claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Communication of Mrs. Lowell J.
Matthewson concerning the new
bus service to the Mt. Loretta dis-
trict, presented and read.
CouncIlman Welu moved that the
communication be placed on file
until the meeting at which time
the bus routes are to be discussed.
Seconded by Councilman Kolb.
Carried by the following vote:
Yeas-Mayor Russo; Councilmen
Austin, Kolb, Schueller, Welu,
Nays-None.
Communication of Engineering
Service of Iowa State College en-
closing attendance cards for the
firemen who attended the recent
County Fire School and asking the
Mayor to award the certificate to
each fireman personally, presented
and read.
Councilman Welu moved that the
Council meeting of September 25,
1951, be designated as the meeting
for the presentation of the certif-
icates by the Mayor. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Communication of Clem J. Mc-
Guire submitting ordinance regard-
ing the construction of a canopy to
extend from the front of the
building at 356 Main Street, pre-
sented and read.
Councilman Kolb moved that the
communication be referred to the
City Manager for to confer with
Mr. Clem J. McGuire, Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of the League of Women
Voters of Dubuque County asking.
that October 24, 1951, be pro-
claimed officially as United Nations
Day in the City of Dubuque, Iowa,
presented and read.
Councilman Welu moved that the
petition be referred to the Mayor
for the purpose of issuing a pro-
clamation as requested. Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Dubuque Association
of Life Underwriters asking that
the Mayor declare the week of
October 15, 1951, as Life Insurance
Week, presented and read.
Councilman Welu moved that the
petition be referred to the Mayor
for the purpose of issuing a pro-
clamation as requested. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of J. E. Grice and oth-
ers, property owners, opposing the
vacation of the Alley between Hale
and West Third Streets from Al-
gona Street to Grandview Avenue,
presented and read.
Councilman Welu moved that the
petition be referred to the Plan-
ning and Zoning Commission, Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Thos. J. Mulgrew Co.
asking the City Council to consider
the establishment of a 15-minute
parking limit zone on Jones Street
east of Main Street to the railroad
tracks, presented and read.
Councilman Kolb moved that the
petition be referred to the City
Manager. Seconded by Councilman
Austin. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Council Proceedings for the
month of February, 1951, presented
for approval.
Councilman Welu moved that the
Council Proceedings for the month
of February, 1951, be approved as
printed. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas-Mayor Russo, Councilman
Austin, Kolb, Schueller, Welu.
Nays-None,
Ordinance No. 38-51, An Ordi-
nance granting, to Donald R, Nank
~i
534 Regular Session, September 4, 1951
and Elmer Sisler, their heirs or as•
signs, the right to construct a sani-
tary sewer in Marion Street and
prescribing the conditions of this
grant and regulating the connection
with said sanitary sewer, said ordi-
Hance having been passed upon
first reading on August 27, 1951,
and ordered placed on file with the
City Clerk for public inspection
for at least one week before its
final adoption, was presented for
final adoption.
ORDINANCE N0. 36-51
An Ordinance granting to Don-
ald R. Nank and Elmer Sisler,
their heirs or assigns, the right
to construct a sanitary sewer in
Marion Street and prescribing the
conditions of this grant and reg-
ulating the connection with said
sanitary sewer.
Be It Ordained by the City
Council of the City of Dubuque:
Section 1. Donald R. Nank and
Elmer Sisler their heirs or as-
signs, are hereby granted the
right to construct a six inch san•
itary sewer in Marion Street com-
mencing at a point 308 feet west
from the manhole at the intersec-
tion of Concord and Marion
Streets and running West a dis-
tance of 240 feet.
Section 2. That the total cost of
constructing said sewer shall be
paid by said grantees and built
under the supervision of and n
accordance with plans and speci-
fications approved by the City
Manager and the City Engineer.
Section 3. That before com-
mencing any excavation in the
street preparatory to the laying
of the sewer, said grantees or the
contractor to whom the work shall
be awarded shall cause to be filed
with the City of Dubuque a public
liability and property damage in-
surance policy, with a company
and in form to be approved by
said City, in which the City of
Dubuque is named as an additio-
Hal insured and by the terms of
which policy the City of Dubuque,
Iowa, shall be insured against lia•
bility in the amount of Ten Thou-
sand Dollars ($10,000,00) for any
and all damages which may be
sustained by reason of or in con•
nection with the construction of
said improvement and said policy
shall remain in force and effect
until all ditches are refilled, ob-
structions removed from the
street and the surface of the street
and sidewalks replaced to as good
condition as they were in before
disturbed.
Section 4. As a further condition
of this grant, it is understood that
after said sewer is completed the
City of Dubuque shall have the
right to make extension thereto
into other streets or districts with-
out being required to pay any part
of the cost of the original con-
struction of the sewer herein
authorized.
Section 5. Upon completion of
the aforsaid project pursuant to
the direction and supervision of
the City Manager and City En•
gineer, and acceptance by the City
Council of the City of Dubuque,
all maintenance and repairs of this
sewer shall be paid by the City of
Dubuque.
Section 6. After the sewer has
been completed and the total
thereof determined, such cost shall
be certified as correct and filed
in the office of the City Clerk,
where the same shall remain as a
permanent record. Any person or
persons desiring to connect with
said sewer shall first apply to
the City Council for permission
so to do and such permission shall
be granted upon condition that
such property owner pay to the
applicant herein, its successors or
assigns, such a part of the total
original cost of construction of
said sewer as the linear feet of
the property to be connected bears
to the same, which cost shall not
be in excess of that which may be
levied upon property in the con•
~truction of sewers as provided
by Statute.
Section 7. That after said sewer
has been constucted it shall not be
removed or its free use interfered
with by the grantee herein, its
successors or assigns.
Section 8. This Ordinance shall
be in force and effect ten days
from aad after its final passage
adoption and publication as pra
vided by law.
Passed upon first reading this
27th day of August, 1951.
Passed, adopted and approved
Regular Session, September 4, 1951 535
upon final reading this 4th day of
September, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Published official in the Tele•
graph•Herald newspaper this 7th
day of September, 1951.
J. J. SIiEA.
City Clerk.
Councilman Austin moved the
adoption of the ordinance. Second-
ed by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Ordinance No. 41-51, Ordinance
authorizing Sinclair Refining Com-
pany to erect a firewall and pipe
lines in Terminal Street and Rail-
road Avenue, presented and read,
Councilman Austin moved that
the reading just had be considered
the first reading of the ordinance.
Seconded by Councilman Kolb. Car-
ried by the following vote;
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Austin moved that
the rules be suspended requiring
an ordinance to be read on three
separate days. Seconded by Coun-
cilman Kolb. Carried by the follow-
ing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Austin moved that
the ordinance granting the right to
use or occupy a street be now con-
sidered complete in form for final
passage and further move that the
same be placed on file with the
City Clerk. and remain on file for
public inspection for at least one
week before final adoption, Sec-
onded by Councilman Kolb. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
August 13, 1951.
To the Honorable Mayor and
City Council, Dubuque, Iowa
Gentlemen: The petition of Joe
Rand asking the Council to deed
the strip of land 15 feet wide ad-
joining his property on the south-
east corner of Nevada and Solon
Streets was referred to the City
Council to view the grounds
I recommend that the decision of
the Council be confirmed, that this
strip of land is necessary for street
purposes and that the Street Com-
missioner be instructed to grade
this street so that it is suitable
for traffic thereon.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
August 31, 1951.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: The petition of Loras
W. Lattner asking that Rider Street
be graded from Perry Street to
Grandview Avenue was referred to
the City Manager for investigation
and report.
While the petitioner only re-
quests that the street be graded
alongside of his house, I would
recommend that it be graded the
full length because of the avail-
ability of building lots along this
street.
Respectfully submitted,
L. J. SCHILTZ,
City Manager.
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Austin. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
August 31, 1951.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen; The petition of Thom-
as J. Hickey asking for the open-
ing of Ramona Street from Adaline
to Mt. Loretta was referred to the
City Manager.
I have investigated the grading
of this street and recommend that
it be opened from Adaline Street
to a point 245 feet South of the
South Property line of Mt. Loretta
Avenue. Beyond this point, there is
536 Regular Session, September 4, 1951
excessive grading that would be
necessary to close mine shafts,
which would not be justified by the
benefit to be derived.
Respectfully submitted,
L. J. SCHILTZ,
City Manager.
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
August 27, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The petition of Anthony A. Hell-
ing and others requesting the
opening and grading of Finley
street between Cherry and Poplar
Streets was referred to the City
Manager and City Engineer for
investigation and report.
It is our recommendation that
Finley Street between Cherry and.
Popular Streets be opened as re-
quested by the petitioners.
Respectfully submitted,
L. J. SCHII.TZ,
City Manager.
Councilman Kolb moved that
the recommendation of City Man-
ager Schiltz be approved. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
August 31, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I have had a study made by the
Police Traffic Department of the
traffic conditions as they exist and
changes in traffic patterns due to
the opening of the new parking
lot in the 800 block on Bluff
Street.
The following recommendations
by the Traffic Department are con-
sidered practical to facilitate the
movement of vehicles and. promote
better safety conditions in this'.
area:
(1) The alley between Locust and
Bluff Streets from 7th to West
10th Street be declared aone-
way alley, northbound only, in
accordance with Section 10.6
and Schedule 1 of the Traffic
Code.
(2) That Bluff Street because of
its narrowness and future heavy
traffic and because of the park-
ing lot be declared aone-way
street for southbound traffic
only from Loras Blvd, to 8th
Avenue.
(3) That an ordinance be prepared
allowing parking on the left
side of the street on one-way
streets.
It is my recommendation that
the City Council approve these
changes and have the proper ordi-
nance prepared.
Respectfully submitted,
L. J. SCHILTZ,
City Manager.
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be adopted, Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 4, 1951.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: The copy of the as-
signment of the proceeds of the
contract for the construction of the
sanitary sewer on Coates Street,
Simpson Street and Cherokee Drive
by George 5affran to the Dubuque
Bank and Trust Co, and executed
December 13, 1950, is presented to
be made a matter of record.
Respectfully submitted,
L, J. SCHILTZ,
City Manager,
Councilman Welu moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 4, 1951,
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: The construction of
the Simpson-Coates Streets Sani-
tary sewer under contact with the
Saffran Construction Company has
been completed in accordance with
the plans and specifications.
-This has been inspected by the
City Engineer and he recommends
Regular Session, September 4, 1951 537
that the improvement be accepted
by the City Council. I hereby con-
cur in this recommendation and al-
so recommend that the improve-
ment be accepted by the City
Council.
Respectfully submitted,
L. J. SCHILTZ,
City Manager.
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None,
( A Resolution Accepting Im•
povement and Directing the Clerk
to Publish Notice.)
CITY OF DUBUQUE, IOWA.
RESOLUTION N0. 338-51
Whereas, the contract for the
construction of the Simpson-Coates
Streets Sanitary Sewers 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
specifications and recommeds its
acceptance, now therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque, that the
recommendation of the City Man-
ager be approved and that said im-
provement be and the same is here-
by accepted and the City Engineer
be and he is hereby directed to pre-
pare aplat and schedule showing
the lots or parcels of real estate
subject to assessment For said im-
provement 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 intention 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 up-
on the above described improve•
ment in amount equal to the
amount of his contract, less any re-
tained percentage provided for
therein.
Passed, adopted and approved
this 4th day of September, 1951.
Approved:
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kolb moved the ad-
option of the resolution, Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
'Nays-None.
September 1, 1951.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen; In line with recom-
mendations submitted by the Fire
Chief to me and to the City Coun-
cil in regard to the condition of
same of our fire houses in the city,
it is necessary that some action be
taken immediately to alleviate con-
ditions existing at the Eighteenth
Street Engine House and the En-
gine House located at 1302 Delhi
Street.
The Engine House located at
Eighteenth Street and Central Ave-
nue houses Engine Company No. 1
and the City Ambulance. The con-
dition of this building is such that
major repairs are necesasry.
A new engine house should be
built to replace the one at 1302
Delhi Street and should be large
enough to house two companies,
Engine Company No. 4 and a 65-
foot aerial truck now on order
would be housed at this station,
This is in accordance with the
recommendation of the National
Board of Fire Underwriters.
In order to accomplish this con-
struction program it is necessary
that the proposition be submitted
to the voters at an election auth-
orizing the City to issue the neces-
sary bonds. I, therefore, recom-
mend that the City Council initiate
the necessary procedures to present
the issue to the people for their
approval.
According to estimates prepared
by the architect, the cost of the
construction work will be $50,000
and cost of the new fire station
$101,000. Both of these figures are
538 Regular Session, September 4, 1951
exclusive of equipment and the cost
of the site. They estimate that the
cost of equipment and site will run
approximately $16,500, making a
total amount needed of $167,500.
Respectfully submitted,
L. J. SCHILTZ,
City Manager.
Councilman Welu moved that the
recommendation of City Manager
5chiltz be approved. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Welu moved that the
City Solicitor be authorized to en-
gage the services of Chapman &
Cutler, Attorneys, Chicago, Ill., to
prepare the necessary proceedings
for the issuance of $167,500 bands.
Seconded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 1, 1951.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: For a considerable
length of time there has been dis-
cussion on the annexation of cer-
tain areas adjacent to the City
which are now occupied by resi-
dences and are desirous of city
services.
The extension of the city limits
would increase the opportunity for
the City to accomplish directly
beneficial civic interests for a new
segment of population. Also, the
City will be assuming certain addi-
tional obligations in serving an ex-
panded city population.
It would seem best in the event
of expansion to progress in the se-
lective manner rather than in a
general uniform outward expansion
of the city's boundaries.
The expansion of the city would
generally be to the west. According
to the report of the Planning and
Zoning Commission, there are two
areas to the west that should be
considered for residential develop-
ment. One of these is the section
between the Asbury Road and the
Middle Road west of the City Lim-
its and the present Hillcrest de-
velopment. The other section lies
between Asbury Road and Carter
Road in a northerly direction. In
order that the city can expand in
an orderly manner within the next
several years, I would recommend
that consideration be given to the
annexation of this area west of the
city and that it be submitted to the
people of Dubuque on the ballot at
the November election as to wheth-
er they wish to annex this area.
The procedure for annexation of
an area where less than 100% of
the people petition for annexation
is for the people of the city to vote
on the proposition at a regular mu-
nicipal election. If this proposition
is not determined at this time, it
will be two years before it can be
presented.
Respectfully submitted,
L. J. SCHH.TZ,
City Manager.
Councilman Austin moved that
the recommendation of City Man-
ager 5chiltz, with reference to the
annexation, be approved. Seconded
by Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 339-51
Resolution declaring the neces-
sity for annexation of certain ter-
ritory to the City of Dubuque; pro-
viding for the submission of such
proposition to the voters of the City
of Dubuque and authorizing insti-
tution of proceedings for annexa-
tion.
Be It Resolved by the City Council
of the City of Dubuque, Iowa:
Section 1. That it is necessary
and proper to meet the present
needs of the City of Dubuque, in
anticipation of its future growth,
essential to its well being and need-
ful for proper police, fire and sani•
tary protection of the City of Du-
buque and not for the purposes of
revenue only, that the following de-
scribedunincorporated territory ad•
joining to the City of Dubuque be
annexed thereto and become a part
thereof, to-wit:
Commencing at the present city
limits line at the northeast corner
of the Southwest '/a of the north-
east '/a of Section 15, Township 89
North, Range 2 East, thence west
1,320 feet, thence south 1,320 feet,
thence west 1,320 feet to the cen-
ter of Section 15, Township 89
x
Regular Session, September 4, 1951 539
North, Range 2 East, thence west
660 feet, thence south 2,640 feet to
the south Section line of Section 15,
Township 89 North, Range 2 East,
thence west along said section line
to a point 33 feet east of the south-
west corner of Section 15, Town-
ship 89 North, Range 2 East, thence
south 1,320 feet, thence west 33
feet, to the southwest corner of
the northwest '/a of the northwest
~/a of Section 22, Township 89
North, Range 2 East, thence south
along the west section line of Sec-
tion 22 to the southwest corner of
Section 22, Township 89 North,
Range 2 East, thence south 1,320
feet along the west section line of
Section 27, Township 89 North,
Range 2 East, thence east to inter-
sect with the south property line
of Ridgeway Avenue in Lenox Ad-
dition, thence southeasterly along
the southerly line of Lenox Addi-
tion to the west property line of
Delhi Road, thence south to the
southerly line of U.S. Highway No.
20, thence south 300 feet, thence
easterly parallel to U, S. Highway
No. 20 to the existing City Limits.
Section 2. That the proposition
of the annexation of the above de-
scribed territory be submitted to
the voters of the City of Dubuque
at the next regular municipal elec-
tion to be held November 6, 1951.
Section 3. That the City Clerk is
hereby directed to file notice of
the submission of said proposition
at said election by publication once
each week far three (3) consecutive
weeks in the manner provided by
Chapter 618 of the 1950 Code of
Iowa as amended.
Section 4. In the event the pro-
position for the annexation of such
territory is adopted by a majority
of those voting thereon, then, in
that event, the City Solicitor is
hereby authorized and directed to
file a suit in equity in the District
Court of Iowa in and for Dubuque
County in the name of the City of
Dubuque against all the owners of
theabove described territory pray-
ing for the annexation of said ter-
ritory to the City of Dubuque.
Introduced this 4th day of
September, 1951,
Councilman Kolb moved that the
resolution be approved and placed
on file for final action. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu•
Nays-None,
RESOLUTION N0.340-51
Whereas, on the 4th day of
September, 1951, Resolution No. 339
-51 for the annexation of certain
unincorporated territory described
therein was introduced and pro-
posed to the City Council; Now,
therefore,
Be It Resolved by the City Council
of the City of Dubuque, Iowa:
Section 1. That the City Council
meet on the 25th day of Septem-
ber, 1951, at 7:30 o'clock p. m., at
the City Council chambers in the
Citl Hall in the City of Dubuque,
Iowa, to consider said Resolution
No. 339-51 and to hear all object-
ors and proponents for such an-
nexation.
Section 2, That the City Clerk is
hereby authorized and directed to
publish a notice of such meeting
once each week for two consecu-
tive weeks in the manner provided
by Section 618.14 of the 1950 Code
of Iowa as amended.
Section 3. That said Resolution
No. 339-51 be placed on file with
the. City Clerk for public inspec-
tion until the time of such meeting.
Passed, adopted and approved
this 4th day of September, 1951,
ROMOLO N. RUSSO,
Mayor,
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V, AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Austin moved the
adoption of the resolution. Second-
ed by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kalb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 341-51
Whereas, applications for Class
"B" Beer Permits have been
submitted to this Council for ap-
proval and the same have been
examined: Now, Therefore,
Be It Resolved by the Council
of the City of Dubuque that the
following applications be granted
and the licenses are to be issued
.,~~~ •~,~~~~.,..,~,,_ .. -a~n~,~,-~ .
540 Regular Session, September 4, 1951 i~ Regular Session, September 4, 1951 541
upon the compliance with the
terms of the ordinances of this
City.
CLASS "B" PERMIT
John M. Baumgartner and John
J. Baumgartner, 1543 Central Ave-
nue.
Joseph A, Kramer and Louis P,
O'Connor, 55 East 7th Strtet.
Fred Frary, 2220 University
Avenue,
Passed, adopted and approved
this 4th day of September, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU.
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J, SIiEA,
City Clerk.
Councilman Kolb moved the
adoption of the resolution. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 342-51
Whereas, heretofore applications
for Beer Permits were filed by
the within named applicants and
they have received the approval
of this Council; and
Whereas, the premises to be oc-
cupied by such applicants have
been inspected and found to com-
ply with the ordinances of this
City and they have filed a proper
bond: Now, Therefore,
Be It Resolved by the Council
of the City of Dubuque that the
Manager be and he is directed to
issue to the following named ap-
plicants aBeer Permit.
CLASS "B" PERMIT
John M, Baumgartner and Johu
J, Baumgartner, 1543 Central Ave-
nue.
Joseph A. Kramer and Louis P.
O'Connor. 55 East 7th Street.
Fred Frary. 2220 University
Avenue.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved,
Passed, adopted and approved
this 4th day of September, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU.
RAY F. KOLB,
RUBIN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kolb moved the
adoption of the resolution. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Report of Consulting Engineers,
Laramore and Douglas, Inc., with
reference to increase in electric
rates and bus fares for the Inter-
state Power Company, presented.
Councilman Austin moved that
the report be placed on file. Sec-
onded by Councilman Weh~. Car•
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None,
Invitation to attend the Mid-
Continent Development Council
Convention to be held in lies
Moines, Iowa on September 26, 27
and 28, 1951, presented and read.
Councilman Kolb moved that
the invitation be placed on file.
Seconded by Councilman Welu,
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Austin moved that
Street Commissioner Allen be
authorized to attend, at City ex-
pense, the Public Works meeting
to be held at Detroit, Michigan on
September 17, 18, 1951. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Austin moved that
the City Manager be instructed to
draw up a report to be presented
to the City Council concerning
preventive measures with refer-
ence to future suits and claims for
damages against the City of Du-
buque. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu,
Nays-None.
There being no further business
Councilman Kolb moved to ad-
journ. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
J. J. SHEA,
City Clerk.
Approved .............................. 1952
Adopted ................................ 1952
Counc[lmen; j ....................................
Attest : ......................
City Clerk
542 Special Session, September 17th, 1951
for public inspection for at least
C' ~ ~ ~ O ~ n A' I one week before its final adop-
t' Y tion, was presented for tinal
adoption.
(OFFICIAL.)
Special Session, September 17th,
1951.
Council met at 4:00 P.M.
Present-Mayor Russo, Council-
men Austin, Kolb, Schueller, Welu.
City Manager Schiltz.
Meeting called by order of
Councilmen Welu and Kolb.
Mayor Russo read the call and
stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of
conducting a public hearing on the
question of the vacation of a por
tion of the alley first east of Con-
cord Street from the south line of
Marion Street to the south line
of Lot 5 of Concord Subdivision
and authorizing the conveyance of
such portion, also for considering
proposals submitted for sewer and
street improvements, and acting on
any other business as may prop-
erly come before a regular meet-
ing of the City Council.
Proof of publication, certified to
by the publishers, of notice of
public hearing on the question of
vacating the portion of the alley
first east of Concord Street from
the south line of Marion Street
to the south line of Lot 5 of Con-
cord Subdivision and authorizing
the conveyance of such portion,
presented and read.
No written objections filed and
no objectors present in the Council
Chamber at the time set for said
hearing. Councilman Kolb moved
that the proof of publication be
received and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None,
ORDINANCE N0. 40-51
An Ordinance vacating the por-
tion of the alley first east of Con-
cord Street from the south line
of Marion Street to the south line
of Lot 5 of Concord Subdivision
and authorizing the conveyance of
such portion, said ordinance hav-
ing been passed upon first reading
on August 27th, 1951 and ordered
placed on file with the City Clerk
ORDINANCE N0. 40-51
An Ordinance vacating the por-
tion of the alley first east of Con-
cord Street from the south lino
of Marion Street to the south line
of Lot 5 of Concord Subdivision
and authorizing the conveyance
of such portion.
Whereas the Planning and ton-
ing Commission of the City of Du-
buque has recommended the va-
cation of the above described
portion of an alley; and
Whereas all the owners of all
property abutting said alley have
joined in a petition requestiug
said vacation and there appears
to be no valid objection thereto;
Now Therefore Be it Ordained
by the City Council of the City of
Dubuque:
Section 1. That that portion of
the alley lying first east of Con-
cord Street in the City of Dubuque,
Iowa, from the south line of
Marion Street to the south line
extended of Lot 5 of Concord Sub-
division be and the same is here-
by vacated;
Section 2. That the portion of
said vacated area lying between
the center line of said vacated
alley and each lot immediately
adjacent thereto is hereby granted
to the owners of each of said
abutting lots subject to an ease-
ment in the City of Dubuque for
the location of utilities thereon;
Section 3, That said petitioners
cause a plat to be made of said
vacated area showing the same,
which plat shall give distinctive
lot description to each parcel of
said vacated area and upon the
approval of said plat and the filing
thereof with the County Recorder,
the Mayor and Clerk of the City
of Dubuque, Iowa, are hereby
authorized to execute a Quit Claim
Deed for said parcels on behalf
of the City of Dubuque, subject to
said easement;
Section 4. That the Clerk be and
he is hereby directed to file in the
office of the Recorder of Dubuque
County, Iowa, a certifed copy of
this Ordinance;
Section 5. This Ordinance shall
be in full force and effect from
Special Session, September 17th, 1951 543
and after its final passage, adop-
tion and publication as by law
provided.
Introduced the 27th day of
August, 1951.
Rule requiring reading on thrre
separate days suspended by unani-
mous vote the 27th day of August,
1951.
Passed, adopted and approved
this 17th day of September, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU.
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N, SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in the Tele-
graph-Herald newspaper this 20th
day of September, 1951.
J. J. SHEA,
City Clerk.
Councilman Welu moved the
adoption of the ordinance. Sec-
onded by Councilman Kolb. Car-
ried by the following vote.
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Notice of Claim of H, J. Fried-
man in the amount of $4.19 for
plumber bill incurred which was
caused by sewer water backing up
into the basement of his home on
Mount Pleasant Street, presented
and read.
Councilman Welu moved that
the Notice of Claim be referred
to the City Solicitor for investiga-
tion and report. Secarded by
Councilman Austin. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, 4Velu.
Nays-None.
Notice of Claim of C. M. Weepie
in the amount of $22.17 for dam-
ages to his car caused in dropping
into an unprotected hole in the
Street on Kaufmann Avenue, pre-
sented and read.
Councilman Welu moved that
the Notice of Claim be referred
to the City Solicitor far investig-
tion and report. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Notice of Claim of Tom Gaynor
in the amount of $46.00 for dam-
ages to his automobile caused in
striking an unlighted ditch behind
the Tobiu Rest Home on West 17th
Street, presented and read.
Councilman Welu moved that
the Notice of Claim be referred
to the City Solicitor for investiga•
tion and report. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, 4Vel.u.
Nays-None.
Notice of Claim of Don E. Meyer
in the amount of $115,00 for dam-
ages to his clothing caused by the
handle of the parking meter in
front of the Hartig Drug Store on
Main Street, presented and read.
Councilman Kolb moved that
the Notice of Claim be referred
to the City Solicitor for investiga•
tion and report. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Communication of E. J. Buchet
submitting a list of bad sidewalks
for Council consideration, pre-
sented and read.
Councilman Austin moved that
the communication be referrf~d to
the City Manager for disposition.
Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Communication of Alan H.
Graves calling attention of the
City Council to the dust condition
on Coates Street and asking that
this street be oiled without delay,
presented and read.
Councilman Welu moved that
the petition be referred to the
City Manager. Seconded by Cotm-
cilman Austin. Carried by the fol-
lowing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Communication of County Audi-
tor Meloy submitting for Council
action the petition of Barbara Rahl-
off requesting suspension of the
second half of the 1950 taxes on the
East ~z of Lot 352 of East Dubuque
Addition, presented and read.
Councilman Schueller moved that
e:xx^,a.x~r ^4°'i ~ 1N' w+[yri~'+6tr9a~" is ~; ~. ~..
544 Special Session, September 17th, 1951
the communication of County Audi-
tor Meloy and the petition of Bar-
bara Rahloff be referred to the
City Solicitor for recommendation
and report. Seconded by Council-
man Welu. Carried by the follow-
ing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Navy Mothers Club
of America asking permission to
hold a tag day on October 20,1951,
presented and read.
Councilman Kolb moved that the
request be granted providing there
are no conflicting dates. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of the Disabled Ameri-
can Veterans Auxiliary asking per•
mission for the holding of their
Forget-Me-Not drive on September
28th and 29th, 1951, presented and
read,
Councilman Kolb moved that the
request be granted providing there
are no conflicting dates. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Leo E. Roethig re-
questing the opening of the lower
part of Bradley Street between
Randall Street and Grandview
Avenue, presented and read.
Councilman Kolb moved that the
petition be referred to the City
Manager. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None,
Petition of Mae Roeder and
others requesting the installation
of a street light at Prairie and
Arlington Streets, presented and
read.
Councilman Kolb moved that the
petition be referred to the City
Manager for recommendation and
report. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller ,Welu.
Nays-None.
Petition of Dubuque Safety
Council requesting that more and
improved lighting be placed on
Locust Street from Dodge Street
to Loras Boulevard, presented and
read. Councilman Schueller moved
that the petition be referred to the
City Manager for recommendation
and report. Seconded by Council-
man Kolb. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Torbert Drug Com-
pany requesting the City Council
to rezone Lot 2 of Lot 3 of Mineral
Lot 3, Lot 2 of Lot 2 of Mineral
Lot 4 and Lot 2 of Lot 2 of Mineral
Lot 10 in the City of Dubuque,
Iowa, to business district classifi-
cation, presented and read.
Councilman Kolb moved that
the petition be referred to the
Planning and Zoning Commission
for recommendation and report.
Seconded by Councilman Austin.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu
Nays-None,
Petition of S. P. Hanten and
others, residents and property
owners residing on York Street,
requesting that a grade elevation
be established on the alley abut-
ting their property, presented and
read,
Councilman Austin moved that
the petition be referred to the City
Manager for disposition. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Mrs. Farrell Hanley
and others, property owners living
in the viciluty of the 1700 block
on Asbury Street, requesting the
rezoning of the East side of said
block to cause Lots 7, 8 and 9 of
Finley Aldition to be a two family
residence district, presented and
read.
Councilman Austin moved that
the petition be referred to the
Planning and Zoning Commission
for their recommendation and re-
port. Seconded by Councilman
Special Session, September 17th, 1951 545
Schueller. Carried by the follow-
ing vote:
Yeas-lyIayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of the Board of Educa-
tion requesting the vacation of the
alley south of Lots 45, 46 and 47
of University Place and also the
unnamed street running southerly
from West Locust Street along the
westerly side of Lots 18 and 19 of
University Place and also asking
the City to execute a quit claim
deed to Lot 1 of Rosedale Addition
with a provision that the City re-
serve a perpetual easement for
water main as it now exists, pre-
sented and read.
Councilman Austin moved ±itat
the petition be referred to the
Planning and Zoning Commission
for their recommendation and re-
port. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Paul Braun and
others, residents and property
owners residing on Lincoln Ave-
nue, requesting that a street light
be installed at the intersection of
Lincoln Avenue and Stanton Street,
presented and read.
Councilman Austin moved that
the petition be referred to the City
NTanager for investigation and re-
port. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Council Proceedings for the
month of March, 1951, presented
for approval.
Councilman Welu moved that
the Council Proceedings for the
month of March, 1951 be ap-
proved as printed. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
ORDINANCE N0. 41-51
Ordinance authorizing Sinclair
Refining Company to erect a fire-
wall and pipe lines in Terminal
Street and Railroad Avenue, said
ordinance having been passed
upon first reading on September
4th, 1951 and ordered placed on
file for public inspection for at
least one week before its final
adoption, was presented for final
adoption.
ORDINANCE N0. 41-51
Ordinance Authorizing Sinclair
Refining Company to Erect aFire-
wall and Pipe Lines in Terminal
Street and Railroad Avenue.
Whereas, the Sinclair Refining
Company has .petitioned the City
Council for authority to erect a
firewall in the City streets as here-
inafter defined; and
Whereas, it is deemed in the
best interest of the public peace,
health and safety that such struct•
ures be erected, thereby eliminat-
ing apresently hazardous condi-
tion;
Now Therefore Be It Ordained
by the City Council of the City of
Dubuque, Iowa:
Section 1. That in consideration
of the foregoing the Sinclair Re-
fining Company, its successors and
assigns be and they are hereby
authorized to erect and maintain
the following structures:
a. A concrete firewall described
as follows: Commencing at a point
on the west line of Terminal Street
599 feet north of the north line
of Railroad Avenue, thence run-
ning east ten feet; thence south
and parallel to the west line of
Terminal Street to a point in Rail•
road Avenue ten feet south of the
north line of Railroad Avenue;
thence in a southwesterly direction
and parallel to the north line of
Railroad Avenue 62.33 feet; thence
in a northerly direction for ap•
proximately 10 feet to the north
line of Railroad Avenue; all in ac•
cordance with the plat filed with
said petition;
b. Four 8" pipe lines laid under-
ground in Terminal Street in ac•
cordance with said plat;
Section 2. That said structures
shall be built and erected under
the supervision of the City Man•
ager;
Section 3, The right and author-
ity hereby granted shall at all
times be subject to the reasonable
control of the City Council and
shall be subject to revocation by
the City Council at anytime after
the City Council shall determine
at public hearing that such haz-
ards no longer exist and that the
546 Special Session, September 17th, 1951
interests of the public peace,
health and safety no longer re-
quire the maintenance of such
structures. Notice of any such
hearing shall be served on the
grantee herein in the manner pro-
vided for the service of original
notices not less than thirty (30)
days prior to such hearing;
Section 4. That the Sinclair Re-
fining Company shall alone be re-
sponsible for any damages result-
ing to any persons or property re ~
sulting from the construction or
maintenance of such structures
and shall defend, at its own ex-
pense, any action at law or in
equity which may be brought
against the City of Dubuque for
damages on account of such
structures and shall reimburse the
said City for any amounts it may
be required to pay out as dam-
ages resulting from such structures
and in all respects keep the City
of Dubuque harmless from any
claim arising out of the mainten-
ance of such structures.
Section 5. This Ordinance shall
be in full force and effect from
and after its final passage, adop-
tion and publication as by law
provided and upon the acceptance
of the terms hereof being en-
dorsed hereon by said Sinclair Re-
fining Company and the payment
of the costs and expenses incident
to publication by said company.
Introduced the 4th day of Sep-
tember, 1951,
Rule requiring reading on three
separate days suspended by unani-
mous vote the 4th day of 5eptem•
ber, 1951,
Passed, adopted and approved
this 17th day of September, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU.
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N, SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in the Tele-
graph•Herald newspaper this 20th
day of September, 1951.
J. J. SHEA,
City Clerk.
Councilman Kolb moved the
adoption of the ordinance. Sec•
onded by Councilman Austin. Car•
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None,
September 17, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I herewith submit reports of the
City Auditor, City Treasurer, City
Health Department and City Water
Works, for the month of August
1951; also list of claims and list of
payrolls for which warrants were
issued for the month of August
1951.
Respectfully submitted,
L. J. SCHII,TZ,
City Manager.
Councilman Kolb moved that
the reports be received and placed
on file. Seconded by Councilman
Austin Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 17, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
In regard to the petition of the
Trausch Baking Co. referred to the
City Manager and Building Com-
missioner to investigate the erec-
tion of a loading dock in the alley
and at the rear of 1120 Iowa Street,
we wish to report the following.
The petition asks for a loading
dock or platform twenty seven
inches wide and nineteen feet long.
The installation of this dock in the
proposed manner will just be flush
with the outside of the present
poles in the alley and will not
further obstruct the movement of
traffic in this alley and will allevi-
ate the present loading hardship.
Therefore we recommend that
permission be given for this in-
stallation.
Respectfully submitted,
L. J. SCHH,TZ,
City Manager.
DONALD J. BANDY,
Building Commissioner.
Councilman Kolb moved that
the recommendation of City Man-
ager Schiltz and Building Commis-
. sinner Bandy be adopted and
Special Session, September 17th, 1951 547
proper proceedings ordered pre-
pared, Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu,
Nays-None.
September 14, 1951
To the Honorable Mayor,
City Manager
and City Council,
Dubuque, Iowa.
Gentlemen:
Regarding attached petition of .
H. R. Stampe and others request-
ing vacation of the alley between
Hale Street and West Third Strcet
east of Algona Street and the
counter petition of J. E. Grice and
others objecting to same, the
Planning and Zoning Commission
respectfully recommends to your
Honorable Body denial of the peti-
tion requesting such a vacation.
Since the lots backing on the
alley in question are but 50 feet
in width, the alley is almost es-
sential to service garages which
property owners may wish to place
on the back of said lots,
Respectfully submitted,
Dubuque Planning and
Zoning Commission
By .................... Secretary,
R. V. McKAY.
Councilman Austin moved that
the recommendation of the Plan-
ning and Zoning Commission be
approved. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 14, 1951
To the Honorable Mayor,
City Manager
and City Council,
Dubuque, Iowa.
Gentlemen:
Referring to the petition of Du-
buque Stone Products Co. request-
ing rezoning of lots 13, 14, 15 and
16 in Schaffner's Subdivision to
light industrial classification and
considering the opposition of
practically all the property owners
in the neighborhood, the Planning
and Zoning Commission respect-
fully recommends to your Honora-
ble Body that the petition be
denied. With such general objec-
tion it is difficult to see how the
public interest would be served
by such action.
Yours very truly,
Dubuque Planning and
Zoning Commission
By ...................... Secretary
R. V. McKAY,
Councilman Welu moved that
the recommendation of the Plan-
ning and Zoning Commission be
approved. Seconded by Council-
man Kolb. Carried by the follow-
ing vote;
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
for the construction of an eight
(8) inch vitrified the sanitary
sewer in Levi Street beginning at
the intersection with Lorimer
Street and running west along the
centerline of Levi Street to Sulli-
van Street; thence south along the
centerline of Sullivan Street to the
existing manhole located at the
intersection of Sullivan Street and
English Lane, presented and read.
Councilman Austin moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 17, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10 A.M., September 17, 1951, for
the construction of an 8" sanitary
sewer in Levi Street.
I recommend that the contract
for this sewer be awarded to the
Thos. Flynn Company, whose bid
was the lowest and best received.
Kindly find tabulation of bids re-
received.
Respectfully submitted,
L. J, SCHILTZ,
City Manager.
Councilman Kolb moved that
the recommendation of City Man•
ager Schiltz be approved. Sec•
onded by Councilman Welu. Car•
ried by the following vote:
548 .Special Session, September 17th, 1951
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 343-51
Whereas, proposals have been sub-
mitted by contractors for the con-
struction of an eight (8) inch vitri-
fied the sanitary sewer in Levi
Street beginning at the intersec-
tion with Lorimer Street and run-
ning west along the centerline of
Levi Street to Sullivan Street;
thence south along the centerline
of Sullivan Street to the existing
manhole located at the intersec-
tion of Sullivan Street and English
Lane pursuant to Resolution No.
311-51 and Thomas Flynn Coal
Co. contractor, has submitted the
lowest bid for the furnishing of all
labor and materials and perform-
ing the work as provided for in
the plans and specifications; now
therefore,
Be It Resolved by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Thomas Flynn Coal Co. and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity be-
come effective from and after its
passage and adoption by the City
Council.
Approved and placed on file for
one week on September 17th, 1951.
Councilman Welu moved that
the resolution be approved and
placed on file for at least one
week. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
for the improvement of Avoca
Street with curb and gutter from
the south property line of Rose-
dale Avenue to the north property
line of Cherry Street, presented
and read.
Councilman Welu moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Austin. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 17, 1951
To the Honorable Mayor
and City Council,
-Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions,
sealed bids were received until 10
A.M., September 17, 1951, for the
improvement of Avoca Street.
I recommend that the contract
for the improvement of Avoca
Street be awarded to the Thos.
Flynn Company whose bid was the
lowest and best received. Kindly
find tabulation of bids attached.
Respectfully submitted,
L. J. SCHILTZ,
City Manager.
Councilman Kolb moved that
the recommendation of City Man-
ager Schiltz be approved. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 344-51
Whereas, proposals have been
submitted by contractors for the
improvement of Avoca Street with
curb and gutter from the south
property line of Rosedale Avenue
to the north property line of
Cherry Street pursuant to Resolu-
tion No. 317-51 and Thomas
Flynn Coal Co, contractor, has sub-
mitted the lowest bid for the furn-
ishing of all labor and materials
and performing the work as pro-
vided for in the plans and specifi-
cations; now therefore,
Be It Resolved by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Thomas Flynn Coal Co. and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work,
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity be-
come effective from and after its
Special Session, September 17th, 1951 549
passage and adoption by the City
Council.
Approved and placed on file for
one week on September 17th, 1951.
Councilman Welu moved that
the resolution be approved and
placed on file for at least one
week, Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
far the improvement of Buena
Vista Street with curb and gutter
from the north property line of
Alley south of Strauss Street to
the south property line of Lowther
Street, presented and read.
Councilman Welu moved that
the proof of publication be re•
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 17, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions,
sealed bids were received until 10
A.M., September 17, 1951, for the
improvement of Buena V i s t a
Street.
I recommend that the contract
for the improvement of Buena
Vista Street be awarded to the
Thos. Flynn Company, whose bid
was the lowest and best received.
Kindly find tabulation of bids at-
tached.
Respectfully submitted,
L, J. SCHILTZ,
City Manager.
Councilman Kolb moved that
the recommendation of City Man-
ager Schiltz be approved. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
[Awarding Contract)
RESOLUTION N0. 345-51
Whereas, proposals have been
submitted by contractors for the
improvement of Buena Vista
Street with curb and gutter from
the north property line of Alley
south of Strauss Street to the
south property line of Lowther
Street pursuant to Resolution No.
313-51 and Thomas Flynn Coal
Co. contractor, has submitted the
lowest bid for the furnishing of
all labor and materials and per-
forming the work as provided far
in the plans and specifications;
now therefore,
Be It Resolved by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Thomas Flynn Coal Co. and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity be-
come effective from and after its
passage and adoption by the City
Council.
Approved and placed on file for
one week on September 17th, 1951.
Councilman Welu moved that
the resolution be approved and
placed on file for at least one
week. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
for the improvement of Green
Street with curb and gutter from
the east property line of Avoca
Street to the west property line
of Algona Street, presented and
read.
Councilman Kolb moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kalb, Schueller, Welu.
Nays-None.
September 17, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions,
sealed bids were received until 10
550 Special Session, September 17th, 1951 ~ Special Session, September 17, 1951 551
A.M., September 17, 1951, for the
improvement of Green Street.
I recommend that the contract
for the improvement of Green
Street be awarded to the Thos.
Flynn Company, whose bid was
the lowest and best received.
Kindly find tabulation of bids at-
tached.
Respectfully submitted,
L. J. SCHILTZ,
City Manager.
Councilman Kolb moved that
the recommendation of City Man-
ager Schiltz be approved, Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 346-51
Whereas, proposals have been
submitted for the improvement of
Green Street with concrete curb
and gutter from the east property
line of Avoca Street to the west
property line of Algona Street
pursuant to Resolution No, 325-51
and Thomas Flynn Coal Co. con-
tractor, has submitted the lowest
bid for the furnishing of all labor
and materials and performing the
work as provided for in the plans
and specifications; now therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
contract for the above mentioned
improvement be awarded to
Thomas Flynn Coal Co. and the
Manager be and he is hereby di-
rected to execute on behalf of
the City of Dubuque for the com-
plete performance of said work.
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity be-
come effective from and after its
passage and adoption by the City
Council.
Approved and placed on file for
one week on September 17th. 1951.
Councilman Schueller moved that
the resolution be approved and
placed on file for one week. Sec-
onded by Councilman Austin. Car-
ried. by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Proof of publication, certified
to by the publishers, of notice to
contractors of the receipt of pro-
posals for the improvement of
West Sixteenth Street with curb
and gutter from the west property
line of Catherine Street to the
end of street, presented and read.
Councilman Kolb moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 17, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10 A.M., September 17, 1951, for
the improvement of West Six-
teenth Street.
I recommend that the contract
for the improvement of West Six-
teenth Street be awarded to the
Thos. Flynn Company, whose bid
was the lowest and best received.
Kindly find tabulation of bids
attached.
Respectfully submitted,
L, J. SCHILTZ,
City Manager.
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb Schueller, Welu.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 347.51
Whereas, proposals have been
submitted by contractors for the
improvement of West Sixteenth
Street with curb and gutter from
the west property line of Catherine
Street to the end of street pur-
suant to Resolution No. 321.51 and
Thomas Flynn Coal Co. contractor,
has submitted the lowest bid for
the furnishing of all labor and
materials and performing the
work as provided for in the plans
and specifications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Thomas Flynn Coal Co.. and
the Manager be and he is hereby
f
~~
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption by the
City Council.
Approved and placed on file for
one week on September 17th 1951.
Councilman Kolb moved that the
resolution be approved and placed
on file for at least one week.
Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
There being no further business
Councilman Kolb moved to ad-
journ. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
J. J. SHEA.
City Clerk.
Approved .............................. 1952
Adopted ................................ 1952
Councilmen ......................................
Attest :.......................
City Clerk.
nM~,.r.,rs-~'~~~,~±ra~r~~a.. o..«.y.r H~,s e.>c.;-,,3i~. ,~ ..~ !~"~N!'$~w~?F~,4~,,;
552 Special Session, September 25th, 1951
C'ty Council
(Official)
Special Session, September 25th,
1951.
Council met at 7:30 P. M.
Present-Mayor Russo, Council-
men Austin, Kolb, Schueller, Welu.
City Manager Schiltz.
Meeting called by order of
Councilmen Welu and Kolb.
Mayor Russo read the call and
stated that service thereof had
been duly made and that this
meeting is called for the purpose
of conducting public hearings on
the question of instituting proceed-
ings and taking action for the is-
suance of Sanitation Fund Sewer
Bonds in the amount of $131,000,
also for the improving of Rowan
Street, also for annexation of un-
incorporated territory to the City
of Dubuque and acting on any
other business as may properly
come before a regular meeting of
the City Council.
Proof of publication, certified
to by the publishers, of notice of
meeting for the issuance of Sani-
tationtation Fund Sewer Bonds in
the amount of $131,000, presented
and read. No written objections
filed and no objectors present in
the Council Chamber at the time
set for said hearing. Councilman
Kolb moved that the proof of pub•
lication be received and filed. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice of sale
of $131,000 Sanitation Fund Sewer
Bonds, presented and read. Coun-
cilman Kolb moved that the proof
of publication be received and
filed. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
No oral bids received.
Dubuque, Iowa
September 25, 1951
To the Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa
Gentlemen:
We hereby offer to purchase
$131,000 of City of Dubuque Sani-
tation Fund Sewer Bonds dated
September 1, 1951 and to pay
therefor par of $131,000.00 plus
accrued interest to date of pay-
ment at the rate of 33/a percent
per annum. This bid is subject
to our obtaining approving legal
opinion of our counsel, O'Connor,
Thomas, McDermott & Wright, and
upon condition that no objections
are filed to the issuance of such
bonds by any taxpayers as con•
templated by Section 23.13 of the
1950 Code of Iowa.
As guarantee of good faith there
is tendered with this offer certi-
fied check of The American Trust
& Savings Bank, Dubuque, Iowa,
in the sum of $3,000.00.
American Trust & Savings Bank,
Dubuque, Iowa.
By ll. W. Ernst
President.
Councilman Welu moved that the
sealed bid of The American Trust
and Savings Bank, Dubuque, Iowa,
be rejected on account of being too
high. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 348.51
RESOLUTION PROVIDING FOR
THE SALE OF $131,000 SANFfA-
TION FUND SEWER BONDS AT
PRIVATE SALE AND REJECTING
ALL BIDS
WHEREAS, notice of sale of
One Hunderd and Thirty One
Thousand Dollars ($131,000) Sani-
tation Fund Sewer Bonds of the
City of Dubuque, Iowa has here-
tofore been given in strict com-
pliance with the provisions of
Chapter 75 of the Code of Iowa
by publication of notice for two ar
more consecutive weeks in a news-
paper published and of general cir-
culation in Dubuque, County, Iowa
and the City of Dubuque, Iowa;
and, WHEREAS, all sealed bids
have been received and placed on
file, after which open Bids were
called for and none received and
thereafter such sealed bids were
opened, the substance of the best
sealed bid being as follows: 33/a%
by American Trust and Savings
Bank of Dubuque, Iowa.
NOW THEREFORE BE IT RE-
Special Session, September 25th, 1951 553
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE
IOWA:
Section 1. That all bids are here-
by rejected and the treasurer auth-
orized to return all bid deposits.
Section 2. That the City Trea-
surer be and he is hereby author-
ized to sell said bonds at private
sale for the best bid obtainable
but not less than par plus accrred
interest to the date of the sale to
the said bidder or to any other
persons by popular subscription or
otherwise,
Section 3. That the City Trea-
surer is further authorized to ad-
vertise such bonds for sale and
pay the expenses of such advertis-
ing from the proceeds of such
sale,
Introduced September 25, 1951.
Passed, adopted and approved
this 25th day of September, 1951.
ROMOLO N. RUSSO
Mayor
CLARENCE P. WELU
RAY F. KOLB
RUBEN V. AUSTIN
LEO N. SCHUELLER,
Councilmen
Attest: J. J. SHEA.
City Clerk
Councilman Welu moved the
adoption of the resolution, Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueler, Welu.
Nays-None.
Ordinance No. 42-51. AN ORDI-
NANCE AUTHORIZING THE IS-
SUANCE OF $131,000 SANTITA-
TION FUND SEWER BONDS AND
PROVIDING FOR THE LEVY OF
TAXES TO PAY THE SAME, pre-
sented and read. Councilman
Welu moved that the reading just
had be considered the first read-
ing of the ordinance. Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Welu moved that
the rules be suspended requiring
and ordinance to be read on three
separate days, Seconded by coun-
cilman Kolb. Carried by the fol-
lowing vote;
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Welu moved that
the ordinance just read, being an
ordinance appropriating money
and making a contract be now
considered complete in form for
final passage and further move
that the same be placed on file
with the City Cerk and remain on
file for public inspection for at
least one week before final adop-
tion. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Proof of publication, certified
to by the publishers, of notice to
contractors of the receipt of pro-
posals for the construction of West
Thirty-second Street Detention Re-
servoir, presented and read. Coun-
cilman Welu moved that the proof
of publication be received and
filed, Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 25, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10 A,M., September 25, 1951, for
the construction of the West 32nd
Street Detention Reservoir.
I recommend that the contract
for this project be awarded to M.
L. Gaber & Company, whose bid
was the lowest and best received.
The bid was 11,6% under the
engineer's estimate of the actual
construction cost not including the
cost of property acquisition and
engineering and advertising,
Respectfully submitted,
L. J. SCHILTZ,
City Manager.
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be adopted. Seconded by
Councilman Welu. Carried by the
fallowing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
(Awarding Contract).
RESOLUTION N0. 349-51
Whereas, proposals have been
submitted by contractors for the
554 Special Session, September 25th, 1951
construction of West 32nd Street
Detention Reservoir Project pursu-
ant to Resolution No. 335-51 and
M. L. Gaber & Company, contractor,
has submitted the lowest bid for
the furnishing of all labor and ma-
terials and performing the work as
provided for in the plans and speci-
fications; now therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
contract for the above mentioned
improvement be awarded to M. L.
Gaber & Company and the Man-
ager be and he is hereby directed
to execute a contract on behalf of
the City of Dubuque for the com-
plete performance of said work.
Be It Further Resolved that this
resolution being deemed urgent and
of immediate necessity become ef•
fective from and after its passage
and adoption by the City Council.
Approved and placed on file for
one week on September 25, 1951.
Councilman Kolb moved that the
resolution be approved and placed
on file for at least one week. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to prop-
erty owners of a public hearing on
proposed resolution of necessity,
estimate of cost and a plat and
schedule for a concrete pavement
of Rowan Street from the south
property line of South Grandview
Avenue to the Corporation Limits,
presented and read.
Councilman Welu moved that the
proof of publication be received
and filed, Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Dubuque, Iowa,
August 24, 1951.
Dubuque City Council,
Dubuque, Iowa.
Gentlemen: As a property owner
on Rowan Street, I wish to register
my protest to the proposed im-
provements, viz:
(a) Widening the street by several
feet.
(b) Heavy paving of same when a
black top finish, as requested
in our recent petition, would
care for all normal traffic.
I feel that burdening the prop-
erty owners with improvements ex-
ceeding $51,000 would be extreme-
ly excessive and unfair.
With your kind cooperation I am
sure that a satisfactory program
could be worked out whereby our
street could be improved in a meas-
ure within the reach of all.
Assuring you that any assist-
ance you may be able to give will
be deeply appreciated, I remain,
Very sincerely,
Margaret L. Cannon.
Councilman Welu moved that the
petition be received and made a
matter of record, Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
City Council, Dubuque, Iowa.
Gentlemen: As a property owner
on Rowan Street, Dubuque, Iowa, I
wish to protest against the pro-
posed plan of paving and widening
Rowan Street. It is my opinion that
a street the length of Rowan Street
and with such a small number of
people living on it that the pro-
posed plan is away out of order.
True the street needs improving,
but to widen it to 36 feet and put
concrete down it does seem to me
that this is carrying things too far.
Most of the people on Rowan Street
are just plain ordinary working
people and can't afford to pay for
the project you have in mind. I
myself own 300 feet and in order
to pay for my part of it I would
have to sign over part of my prop-
erty to the City.
I suggest that some other plan of
improving Rowan Street be worked
on.
Very truly yours,
Mrs. Mary G, Palmer.
Councilman Welu moved that the
petition be received and made a
matter of record, Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Dubuque, Iowa
August 25, 1951
City Manager,
Mayor and Councilmen,
City Hall Bldg.,
City.
Honorable Gentlemen:
I wish to voice my objections to
Special Session, September 25th, 1951 555
your plans of paving Rowan Street.
First, because the assessment
against my property is beyond my
means of paying. Secondly, I did
not request this type of pavement
which you propose putting on the
street. Thirdly, it is a grave un•
just way of doing for Dubuque
County to build a road from the
Algonquin Chemical Co. to the
south end of Rowan Street when
it could have been built to U. S.
Highway 151 which is paved for
this kind of traffic. Also to pave
this road without cost to adjoin-
ing property or Algonquin Chem-
ical Company and pay for it from
Farm to Market Road Funds, then
expecting property owners adjoin-
ing Rowan Street to continue this
type of pavement to Grandview
Avenue just so Big Business can
operate at someone else's expense.
Gentlemen. Wake up. Some of
those trucks which truck this acid
don't even have Iowa licenses or
don't even stop to fill up with gas
or oil in the City of Dubuque: If
it is so essential that this street
be paved with this type of pave-
ment to accomodate the trucking
of sulphuric acid, perhaps the
County or State can find some way
of paving Rowan Street out of
Farm to Market road funds or
whatever political name they want
to give it.
I trust you honorable gentlemen
will act wisely on this matter, I
remain
Yours truly,
CHARLES P. FAY
Councilman Welu moved that
the petition be received and made
a matter of record. Seconded by
Councilmen Kolb. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
To the Honorable City Council:
The undersigned residents and
property owners of Rowan Street
of Dubuque, Iowa, hereby reduce
to writing remonstrance to a cer-
tain resolution on file with the
City Clerk of the City of Dubuque,
Iowa, proposing that Rowan Street
be reconstructed so as to be 36
feet in width with curbs and gut-
ters and paved with 8 inches of
concrete, for the following reasons:
(1) That there is absolutely no
necessity for this type of street;
(2) That the cost of such im-
provement to the property owner
is unreasonable;
(3) That the property owners
are of the belief that if said street
is to be paved as proposed, that
the expense be borne by the Al-
gonquin Chemical Company of Du-
buqu. Iowa.
Lester A. Demkier
J. D. McMahon
Margaret L. Cannon
Mary G. Palmer
Arnold A. Deich
David Mathews
Ann Winter
Mary Martin
Chris Martin
Frank Rieghs
Frank Heitz
Councilman Welu moved that
the petition be received and made
a matter of record. Seconded by
Councilman Kolb. Carried by the
fallowing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kalb, Schueller, Welu.
Nays-None.
Councilman Kolb moved that
the City Engineer be instructed to
prepare a plat and schedule for
the improvement of Rowan Street
with curb and gutter and asphaltic
macadam surfacing. Seconded by
Councilman Welu, Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Welu moved that
the City Manager be instructed to
investigate the possibility of di-
verting the heavy truck travel
from Rowan Street by way of the
City Limits to Highway 151. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 270-51
Resolution of necessity for the
improvement of Rowan Street, said
resolution having been approved
and placed on file with the City
Clerk on August 6th, 1951, was
presented for final adoption.
Councilman Welu moved that .
556 Special Session, September 25th, 1951
action be deferred on the adoption
of Resolution No. 270-51, resolu-
tion of necessity for the improve-
ment of Rowan Street. Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice of
public hearing on Resolution No.
339-51 being a resolution propos-
ing the annexation of the follow-
ing described unincorporated ter-
ritory in the City of Dubuque,
presented and read:
Commencing at the present city
limits line at the northeast corner
of the southeast '/a of the north-
east r/4 of Section 15, Township
89 North, Range 2 East, thence
west 1,320 feet, thence south
1,320 feet, thence west 1,320 feet
to the center of Section 15, Town-
ship 89 North, Range 2 East,
thence west 660 feet, thence south
2,640 feet to the south section line
of Section 15, Township 89 North,
Range 2 East, thence west along
said section line to a point 33 feet
east of the southwest corner of
Section 15, Township 89 North,
Range 2 East, thence south 1,320
feet, thence west 33 feet, to the
southwest corner of the northwest
'/a of the northwest '/a of Section
22, Township 89 North, Range 2
East, thence south along the west
section line of Section 22 to the
southwest corner of Section 22,
Township 89 North, Range 2 East,
thence south 1,320 feet along the
west section line of Section 27,
Township 89 North, Range 2 East,
thence east to intersect with the
south property line of Ridgeway
Avenue in Lenox Addition, thence
southeasterly along the southerly
line of Lenox Addition to the west
property line of Delhi Road, thence
south to the southerly line of U.S.
Highway No, 20, thence south 300
feet, thence easterly parallel to
U. 5. Highway No. 20 to the exist-
ing city limits.
No written objections filed and
no objectors present in the Council
Chamber at the time set for said
hearing. Councilmen Welu moved
that the proof of publication be
received and filed. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 339-51
Resolution declaring the neces-
sity for annexation of certain
territory to the City of Dubuque;
providing for the submission of
such proposition ~ to the voters of
the City of Dubuque and authoriz•
ing institution of proceedings for
annexation.
Be It Resolved by the City
Council of the City of Dubuque,
Iowa:
Section 1. That it is necessary
and proper to meet the present
needs of the City of Dubuque, in
anticipation of its future growth,
essential to its well being and need-
ful for proper police, fire and
sanitary protection of the City of
Dubuque and not for the purposes
of revenue only, that the following
described unincorporated territory
adjoining to the City of Dubuque
be annexed thereto and become a
part thereof, to-wit:
Commencing at the present city
limits line at the northeast corner
of the Southwest '/a of the north-
east '/a of Section 15, Township
89 North, Range 2 East thence
west 1320 feet, thence south 1320
feet, thence west 1320 feet to the
center of Section 15 Township 89
North, Range 2 East, thence west
660 feet, thence south 2640 feet
to the south Section line of Section
15, Township 89 North, Range 2
East, thence west along said sec-
tion line to a point 33 feet east
of the southwest corner of Section
15, Township 89 North, Range 2
East, thence south 1320 feet,
thence west 33 feet, to the south-
west corner of the northwest '/a
of the northwest '/a of Section 22,
Township 89 North, Range 2 East
thence south along the west sec-
tion line of Section 22 to the south-
west corner of Section 22, Town-
ship 89 North, Range 2 East,
thence south 1320 feet along the
west section line of section 27,
Township 89 North, Range 2 East,
thence east to intersect with the
south property line of Ridgeway
Avenue in Lennox addition, thence
southeasterly along the southerly
Special Session, September 25th, 1951 557
line of Lenox Addition to the west
property line of Delhi Road,
thence south to the southerly line
of U.S. Highway No. 20, thence
south 300 feet, thence easterly
parallel to U. S. Highway No. 20
to the existing city limits.
Section 2. That the proposition
of the annexation of the above de-
scribed territory be submitted to
the voters of the City of Dubuque
at the next regular municipal elec-
tion to be held November 6, 1951.
Section 3. That the City Clerk is
hereby directed to file notice of
the submission of said proposition
at said election by publication once
each week for three (3) consecu-
tive weeks in the manner provided
by Chapter 618 of the 1950 Code
of Iowa as amended.
Section 4. In the event the pro-
positionfor the annexation of such
territory is adopted by a majority
of those voting thereon, then, in
that event, the City Solicitor is
hereby authorized and directed to
file a suit in equity in the District
Court of Iowa in and for Dubuque
County in the name of the City of
Dubuque against all the owners
of the above described territory
praying far the annexation of said
territory to the City of Dubuque.
Introduced this 4th day of Sep-
tember, 1951.
Passed, adopted and approved
this 25th day of September, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELD.
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kolb moved the
adoption of the resolution. Sec•
onded by Councilman Austin. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Notice of Claim of Donald D.
Roth in the amount of $15.14 for
damages to his car caused while
Lowell Street was being repaired
by the street department, pre-
sented and read.
Councilman Kolb moved that
the Notice of Claim be referred
to the City Solicitor for investiga-
lion and report. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Communication of Andrew Dub-
meyer submitting claim in an un-
stated amount for damages to his
car while parked in the parking
lot at Ninth and Iowa Streets, pre-
sented and read.
Councilman Austin moved that
the communication be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Kolb. Carried by the follow-
ing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
ACCEPTANCE
Sinclair Refining Company here-
by accepts the terms and provisions
of Ordinance No. 41-51 as fin-
ally passed, adopted and approved
on the 17th day of September, 1951.
Sinclair Refining Company
By B. L. Meese.
It is hereby certified that the
foregoing instrument was signed
by B. L. Meese for the Sinclair
Refining Company by virtue of
authority vested in him by Reso-
lution of the Board of Directors
regularly adopted.
Signed this 17th day of Septem-
ber, 1951.
Lincoln H. Nelson,
Assistant Secretary
(Corporate Seal)
Councilman Kolb moved that
the acceptance be received and
made a matter of record. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None,
Communication of Dubuque
Trades and Labor Congress thank-
ing Council far their participation
in the Labor Day Parade, pre-
sented and read,
Councilman Kalb moved that
the communication be received
and filed. Seconded by Council-
man Schueller. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Communication from American
558 Special Session, September 25th, 1951
Municipal Association extending
invitation to the Mayor and City
Council to attend the American
Municipal Congress to be held in
Washington, D,C. on December 10,
11, 12, 1951, presented and read.
Councilman Kolb moved that
the communication be referred to
the Council. Seconded by Council-
man Welu. Carried by the follow-
ing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Communication of County Audi-
tor Meloy advising Council that
the Board of Supervisors have re-
ceived abid of $50.00 from C. E.
Tharp for the purchase of Lot 1
of Sub. 2 of Min. Lot 36A, pre-
sented and read.
Councilmen Welu moved that
the communication be referred to
the Council to view the grounds.
Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Communication of County Audi-
tor Meloy submitting petition of
Katie A. Miller for suspension of
taxes on the South 8 feet of Lot
9 and Lot 10 Johnston Sub., pre-
sented and read,
Councilman Welu moved that
the communication be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Kolb. Carried by the follow-
ing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of T. J. Hickey with
reference to the installation of
water mains on Romona Street,
presented and read.
Councilman Kolb moved that
the petition be referred to the City
Manager. Seconded by Councilman
Austin. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Donald C. Chamber-
lain and others, property owners
in Stewart's Subdivision located on
the easterly side of Grandview
Avenue between South Booth and
South Hill Streets, asking Council
not to reopen the alley as platted
in Stewart's Sub. between York
Street and Grandview Avenue, pre-
sented and read.
Councilman Welu moved that
the petition be referred to the
City Manager. Seconded by Coun-
cilman Kolb, Carried by the fol-
lowing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None,
Petition of The Oasis Club re-
questing arefund in the amount
of $75.00 on the unexpired portion
of their Cigarette Permit, as they
have discontinued business on
September 1, 1951, presented and
read.
Councilman Kolb moved that
the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $75.00
in favor of The Oasis Club to cover
the amount of refund granted on
the unexpired portion of their
Cigarette Permit. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Jessie D. Sweet and
Frances M. Andresen requesting
a refund in the amount of $75.00
on the unexpired portion of their
Cigarette Permt No. 287, as they
have discontinued business on
September 15, 1951, presented and
read.
Councilman Welu moved that
the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $75.00
in favor of Jessie D. Sweet and
Frances M. Andresen to cover the
amount of refund granted on the
unexpired portion of their Cigar-
ette Permit No. 278. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Leonard P. Bertsch
and Edwin J. Koerperick request-
ing that the alley abutting Lot 22
of Cummins Sub. and Lot 19 of
Kane Sub, be graded and that per-
mission be granted to improve the
alley for a distance of 56 feet
north of West Eleventh Street
with concrete in accordance with
Special Session, September 25th, 1951 559
City specifications, presented and
read.
Councilman Welu moved that
the request be granted. Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of F. H. Kretschmer and
others, residents on and about
Wartburg Avenue and Sunset
Ridge, requesting the City Council
to cause more stringent parking
regulations to be enforced on
Wartburg Avenue and Sunset
Ridge, presented and read, Coun-
cilman Austin moved that the pe-
tition be received and filed. Sec-
onded by Councilman Schueller,
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 24, 1951
To the Honorable Mayor
Dubuque, Iowa.
and City Council,
Gentlemen:
There exists on Wartburg Place
from Fremont Avenue to Sunset
Ridge a congested condition due
to parking of cars along both
sides of the street and the nar-
rowness pf the street.
I have had this problem investi-
gated and from the report as sub-
mitted by the Chief of Police, the
condition can be corrected by re-
stricting parking on one side of
the street.
It is my recommendation that
parking be restricted on the East
side of Wartburg Place from Fre-
mont Avenue to 385 Wartburg
Place; and on both sides of the
cement paving from 385 Wartburg
to the entrance to Sunset Ridge,
where the paving is only about
eighteen feet wide.
Respectfully submitted,
L. J. SCHILTZ,
City Manager,
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved and proper
proceedings prepared. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Petition of Archdiocese of Du-
buque and Surkin Mercantile Com-
pany requesting permission to low-
er the canopy, for which permis-
sion was previously granted to
erect in accordance with Resolu-
tion No. 255-51, to a minimum of
9 feet above the sidewalk with a
10 foot maximum projection, pre-
sented and read. Councilman
Welu moved that the petition be
referred to the City Manager. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of a statement
of receipts and also a list of claims
for which warrants were drawn
during the month of August, 1951,
presented and read. Councilman
Welu moved that the proof of pub-
lication be received and filed. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-lYlayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Ordinance No. 43-51. An Ordi-
nance Authorizing '1'rausch Baking
Company to construct a loading
dock in the Alley between Iowa
Street and Central Avenue, pre-
sented and read. Councilman Kolb
moved that the reading just had
be considered the first reading of
the ordinance. Seconded by Coun-
cilman Austin. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Kolb moved that the
rules be suspended requiring an
ordinance to be read on three
separate days. Seconded by Coun-
cilman Austin. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Kolb moved that the
ordinance just read, being an ordi-
nance granting the right to use or
occupy a street be now considered
complete in form for final passage
and further move that the same be
placed on file with the City Clerk
and remain on file for public in-
spection for at least one week
before its final adoption. Seconded
560 Special Session, September 25th, 1951
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Ordinance No. 44-51. An Ordi-
nance Amending Ordinance No. 33-
49 to provide for one way traffic
on part of Bluff Street and the
Alley between Bluff Street and
Locust Street and permitting park-
ing on the left side of one way
streets, presented and read. Coun-
cilman Kolb moved that the read-
ing just had be considered the
first reading of the ordinance.
Seconded by Councilman Austin.
Carried by the following vote:
Yeas -Mayor Russo, Council-
men Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Kolb moved that the
rules be suspended requiring an
ordinance to be read on three
separate days. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu,
Nays-Nono.
ORDINANCE N0. 44.51
1 AN ORDINANCE Amending
Ordinance No. 33.49 to provide for
one-way traffic on part of Bluff
Street and the alley between Bluff
Street and Locust Street and per-
mitting parking on the left side of
one-way streets.
Be it Ordained by the City Coun-
cil of the City of Dubuque:
Section 1, That Schedule I of
Ordinance No. 33.49 is hereby re-
pealed and the following enacted
as a substitute therefor:
"SCHEDULE I
In accordance with Section 10.6
and when properly signposted,
traffic shall move only in the di-
rection indicated upon the follow-
ing streets or alleys or parts there-
of;
1. Traffic shall move northerly
only:
A, In the alley between Iowa
Street and Central Avenue from
West Fourth Street to Loras
Boulevard;
B. In the alley between Locust
Street and Main Street from Jones
Street to West Twelfth Street;
C. In the alley between Bluff
Street and Locust Street from
Eighth Avenue to West Tenth
Street.
2. Traffic shall move southerly
only:
A. On Bluff Street from Loras
Boulevard to Eighth Avenue;
B. In the alley between Central
Avenue and White Street from
East Fourteenth. Street to East
Fourth Street;
C. In the alley between Main
Street and Iowa Street from West
Twelfth Street to West Second
Street "
Section 2. That Section 16.2 of
Ordinance No. 33.49 is hereby re-
pealed and the following enacted
as a substitute therefor:
"Section 162. Except where an-
gle parking is permitted and on
one-way streets, every vehicle
stopped or parked upon a roadway
where there is an adjacent curb
shall be stopped or parked with
the right hand wheels of such
vehicle parallel with an within
eighteen inches (18") of the right
hand curb. On one-vvay streets ve-
hicles may also be parked with the
left hand wheels parallel with and
within eighteen inches (18") of
the left hand curb."
Section 3. 'Phis Ordinance shall
be in full force and effect from
and after its final passage, adop-
tion and publication as by law pro-
vided.
Introduced the 25th day of Sep•
tember, 1951.
Rule requiring reading on three
separate days suspended by unani-
mous vote the 25th day of Septem•
ber, 1951.
Passed, adopted and approved
this 25th day of September, 1951.
ROMOLO N. RUSSO,
Mayor
CLARENCE P. WELU,
RAY F, KOLB,
RUBEN V. AUSTIN,
LEO N. SCIiUELLER,
Councilmen.
Attest: J. J, SHEA,
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 28th
day of September, 1951.
J. J. SHEA,
1tSept28 City Clerk
Councilman Kolb moved the
adoption of the ordinance. Sec-
Special Session, September 25th, 1951 561
onded by Councilman Austin. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 25, 1951
To the Honorable Mayor and
Members of the City Council,
Gentlemen:
On September 14, 1951, the
claim of J. M, Kapparos in the
sum of $105.84 was filed with the
City Clerk and subsequently re-
ferred to this office for investi-
gation and report.
Investigation was made and it
appears from said investigation
that there was no liability upon
the part of the City such as would
warrant the payment of said claim
and therefore respectfully recom•
mend that the same be denied.
Respectfully Submitted,
R. M. CZIZEK,
Asst, City Solicitor.
Councilman Austin moved that
the recommendation of Assistant
City Solicitor Czizek be approved.
Seconded by Councilman Schuel-
ler. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 25, 1951
To the Honorable Mayor and
Members of the City Council,
Gentlemen:
On August 27, 1951, the claim
of Maurice D. Comvell in the sum
of $2424 was filed with the City
Clerk and subsequently referred
to this office for investigation and
report.
An investigation was made and
it appears that Claimant sustained
the damages alleged in his claim
by reason of some defects in the
street at Hillcrest Road and As-
bury Road, and it is respectfully
recommended that the claim be
allowed. It is further respectfully
urged that the Auditor be in-
structed to draw a warrant in favor
of Maurice D. Conwell in the sum
of $2420 to be delivered to him
upon the execution of a proper
release.
Respectfully submitted,
R. M. CZIZEK,
Asst. City Solicitor.
Councilman I{olb moved that the
recommendation of Assistant .City
Solicitor Czizek be approved and
the City Auditor instructed to
draw a warrant in the amount of
$2420 in favor of Maurice D. Con-
well, as settlement in full of his
claim, and that said warrant be
delivered upon receipt by the City
of Dubuque of a properly executed
release. Seconded by Councilman
Austin. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 25, 1951
To the Honorable Mayor and
Members of the City Council,
Gentlemen:
On the 26th day of February,
1950, Stella Welter through her
attorneys, O'Connor, Thomas, Mc-
Dermott & Wright, filed a petition
in the District Court of Iowa, in
and for Dubuque County, claiming
the sum of $4,800.00 in damages
claimed to have been sustained by
her, when she was struck on the
foot by a loose rock lying upon the
city street and named the City of
Dubuque and the Diamond Engin-
eering Company as Defendants in
said notice,
After, conferring with attorneys
for the Plaintiff, and the attorneys
for the llianrond Engineering Com-
pany, an agreement has been
worked out and the Plaintiff has
agreed to accept $700.00 in full
settlement of her claim, The Dia-
mond Engineering Company has
agreed to contribute toward said
settlement, the sum of $500.00 and
it is the opinion of this office that
the City should contribute the re-
maining sum of $200.00.
It is respectfully recommended
that the City Auditor be instructed
to draw a warrant in favor of
Stella Welter and O'Connor, Thom-
as, McDermott Sc Wright, her at-
torneys in the sum of $200.00 to
be delivered to them upon the
execution of a proper release by
Stella Welter and dismassal of her
motion in the District Court with
prejudice, Plaintiff to pay the
costs.
Respectfully submitted,
R. M. CZIZEK,
Asst. City Solicitor.
Councilman Austin moved that
the recommendation of Assistant
City Solicitor Czizek be approved
and the City Auditor instructed
to draw a warrant in the amount
562 Special Session, September 25th, 1951
of $200,00 in favor of Stella Wel-
ter and O'Connor, Thomas, Mc-
Dermott & Wright, her attorneys,
as settlement in full of the City
share of the claim, and that said
warrant be delivered upon receipt
by the City of Dubuque of a pro
perly executed release and dismis-
sal of court action in the District
Court, Plaintiff to pay the costs.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu,
Nays-None.
September 25, 1951
To the Honorable Mayor and
Members of the City Council,
Gentlemen:
On August 20, 1951, the claim of
J. A, Vander Meulen was filed with
the City Clerk and subsequently
referred to this office for investi-
gation and report.
After due investigation, it ap-
pears that the city was not guilty
of any negligence contributing to
the injuries compained of, and it
is therefore respectfully recom-
mended that this claim be denied.
Respectfully submitted,
R. M. CZIZEK,
Asst. City Solicitor.
Councilman Welu moved that
the recommendation of Assistant
City Solicitor Czizek be approved.
Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None,
September 7, 1951
To the Honorable Mayor and
Members of the City Council,
Dubuque, Iowa
Gentlemon: On August 7, 1951,
the claim of Joe M. Zehentner, was
filed with the City Clerk clainung
damages in the sam of $35.68, sus•
tained when a City trash truck
scraped the side of his delivery car
in the Alley in rear of his business
establishment at 921 Main. Street.
This claim was referred to this
office for investigation and report.
After due investigation it ap-
pears that the claim should be
allowed and it is respectfully re-
commend that the Auditor be in-
strncted to draw a warrant in
favor of Joe M. Zehentner in the
sum of $35.68 to be delivered to
him upon execution of a proper
release.
Respectfully submitted,
R. M. CZIZEK,
Asst. City Solicitor
Councilman Schueller moved
that the recommendation of As-
sistant City Solicitor Czizek be ap•
proved and the City Auditor in-
structed to draw a warrant in the
amount of $35.68 in favor of Joe
M. Zehentner, as settlement in full
of his claim, and that said war-
rant be delivered upon receipt by
the City of Dubuque of a properly
executed release. Sconded by
Councilman Austin. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 22, 1951
Hon. Mayor and Members of the
City Council of the City of
Dubuque
Gentlemen: The petition of Bar•
bara Rahloff for suspension of the
last half of her 1950 real estate
taxes because of infirmity has been
referred to this office for investiga-
tion and report. I have investigated
this petition and find that the facts
set out are substantially true and
that this is a proper case in which
such suspension may be allowed.
I therefore recommend that the
petition be granted.
Sincerely,
T. H. NELSON,
City Solicitor
Councilman Austin moved that
the recommendation of City Solici-
tor Nelson be approved and the
Board of Supervisors to be noti-
fied of Council action. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu,
Nays-None.
September 21, 1951
Hon Mayor and Members of the
City Council of the City of
Dubuque
Gentlemen: The claim of George
and Teresa Pappas for injury done
to their property by George Saf-
fron was referred to this office for
investigation and report. Upon in-
vestigation Ifind that Mr. Saffron
was an independent contractor and
any injury done to the Pappas
Special Session, September 25th, 1951 563
property was not pursuant to his
contract with, the City.
T therefore recommend that the
claim be denied.
Sincerely,
'f. H. NELSON,
City Solicitor
Councilman Kolb moved that the
recommendation of City Solicitor
Nelson be approved. Seconded by
Councilman Austin, Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 21, 1951
Hon. Mayor and Members of the
City Council of the City of
Dubuque
Gentlemen; 'ihe claim of Don E,
iVIeyer for damages resulting from
catching a pocket of his coat on
the handle of a parking meter has
been referred to this office for in-
vestigation and report. You are ad-
vised that in my opinion no liabil-
ity on the part of the City can arise
from an accident of this nature
since the maintenance of these
parking meters is a proper use of
the sidewalk antler the city gov-
ernmental capacity and that the
claim should be denied.
Respectfully,
T. H. NELSON,
City Solicitor
Councilman Kolb moved that the
recommendation of City Solicitor
Nelson be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu,
Nays-None.
September 21, 1951
Hon. Mayor and Members of the
City Council of the City of
Dubuque
Gentlemen: At the time of the
consideration of the proposed
amendment to the Zoning Ordin-
ance you deferred action pending
the disposition of the appeal of the
City v. Glenview Motel. You are
advised that the appellant has dis-
missed his appeal and paid the as-
sessed fine and costs thus dispos-
ing of this matter.
This also disposes of any pend-
ing issue with the opinion of this
office that Zoning Ordinance pro-
hibits the use of land for the
parking of trailers in residential
or local business districts.
Sincerely,
T. H. NELSON
City Solicitor.
Councilman Kolb moved that the
communication and opinion of City
Solicitor Nelson be received and
made a matter of record. Seconded
by Councilman Austin. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 20, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen: The petition of Mae
Roeder and others asking for the
installation of a street light at
Arlington and Prairie Streets was
referred to the City Manager for
recommendation and report.
I recommend that the first light
on Arlington Street east of Prairie
be moved to the corner of Arling=
ton and Prairie Streets and that a
new style light be installed in
place of the old one.
Respectfully submitted,
L. J. SCHH,TZ,
City Manager
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 20, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The petition of Thomas J. Mul-
grew Company asking for the
establishment of a limited parking
zone on Jones Street from Main
to the railroad tracks was referred
to the City Manager.
I have had this matter investi-
gated and find that this street is
used very extensively for loading
and unloading of merchandise.
The area adjacent is not restricted
parking area with the result that
there is long term parking, deny-
ing its use for business purposes.
It is, therefore, recommended
that the north and south sides of
Jones Street between Main and
the railroad tracks be restricted
:bra , .ya+~wa~a~~arykwir
564 Special Session, September 25th, 1951
to 15 minute parking between the
hours of 9 A.M. and 5 P.M., Sun-
days and holidays excepted.
Respectfully submitted,
L. J. SCHILTZ,
City Manager.
Councilman Kolb moved that
the recommendation of City Man-
ager Schiltz be approved and
proper proceedings prepared. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
September 22, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen: I am presenting for
your consideration an Excavation
Ordinance to replace Ordinance
No. 171 which was adopted in 1926,
This proposed ordinance will
give the city better cantiol over
excavations made in city streets and
enable the City Manager to pre-
scribe rules and regulations re-
garding excavations and replace-
ment of pavement surfaces.
Because of the many claims
against the city due to faulty back-
filling by the numerous people now
making excavations, and thereby
resulting in settlement of the pave-
ment surfaces, a new excavation
ordinance should be adopted.
I recommend that the City Coun-
cil approve this ordinance.
Respectfully submitted,
L. J. S(;HILTZ,
City Manager
Councilman Kolb moved that the
recommendation of City Manager
Schiltz be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
ORDINANCE N0. 45-51
Ordinance prohibiting excava-
tions in streets or other public
places without a permit; providing
for the issuance of permits and
making a charge therefor and pro-
viding apenalty for a violation
thereof, presented and read.
Councilman Austin moved that
the reading just had be considered`
the first reading of the ordinance.
Seconded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Austin moved that
the rules be suspended requiring
an ordinance to be read on three
separate days. Seconded by Coun-
cilman Kolb. Carried by the fol-
lowing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
ORDINANCE N0. 45-51
Ordinance ' prohibiting excava-
tions in streets or other public
places without a permit; providing
for the issuance of permits and
making a charge therefor and
providing a penalty for a violation
thereof.
Be It Ordained by the City Coun-
cil of the City of Dubuque:
Section 1. No person, firm or
corporation shall make or cause
to be made any excavation in any
public street, avenue, alley or oth-
er public place in the City of Du-
buque or dig up, cut into, or re-
move any public sidewalk, curb or
pavement without first obtaining a
permit from the City Manager as
hereinafter provided.
Section 2. Before any such per-
mit shall be issued, an application
therefor shall be filed with the
City Manager by the person desir-
ing to do the work which applica-
tion shall state the place, amount
and purpose of the contemplated
work, the time when the work is
to be started and the estimated
time required for completion there-
of, together with such other infor-
mation as the Manager may reason-
ably require to determine whether
the permit would be granted. Each
application shall contain an agree-
ment signed by the applicant, in
which the applicant agrees to per-
form the work, including all dig-
ging, tunnelling, backfilling and
restoration of the surface in a good
and workmanlike manner and in
accordance with specifications es-
tablished by the City Manager.
Section 3. Such application shall
contain an agreement by the appli-
cant to compensate the City for
the cost of restoring the pavement
surface determined as hereinafter
provided.
Section 4. When the permittee
has completed the excavation, in-
cluding backfilling and restoration
Special Session, September 25th, 1951 565
to the approval of the City Man-
ager, the paving surface shall then
be restored by the City Street De-
partment, as soon as practicable at
permittee's cost. The cost of the re-
storation of the pavement surface
shall be determined by the City
Manager and shall include field
labor, supervision, materials, use
of equipment, and inspection. The
City Manager may, in his discre-
tion, make an additional charge
equal to 2% of the basic charge
multiplied by the difference be-
tween 36 and the number of
months the pavement has been
laid.
Section 5. At the time the appli-
cation is filed the applicant shall
deposit with the City Treasurer a
sum equal to the charge for re-
storing the pavement surface as
estimated by the City Manager
which sum shall be retained by the
City to apply against the charge
for restoring the surface herein-
above referred to and credited to
the Street Fund. In the event the
amount of the deposit proves to
be in excess of the charge the dif-
ference shall be refunded to the
permit holder.
Section 6. Any work done under
a permit provided for in this or-
dinance shall be performed in such
a manner as to cause the least
possible interference with the
movement of traffic. On main
thoroughfares there shall be at all
times sufficient traffic lanes open
to permit a substantially normal
traffic flow. Unless this can be ac-
complished the work shall be con-
fined to the hours between 9 a.m.
and 4 p.m. or between midnight
and 7 a.m. In the event the work
is of emergency nature the City
Manager may authorize work dur-
ing other hours but shall assign
police to direct traffic.
Section 7. Permits shall be ex-
ecuted in duplicate and shall show
the work for which the same has
been granted, the name of the per-
son, firm or corporation to whom
the same is issued, the location of
the premises the purpose of the
excavation and the time within
which the work shall be com-
menced and completed. The work
shall be started within one week
from the date of the issuance of
the permit.
Section 8. No permit shall be
granted to any person, firm, or cor-
poration unless such person, firm
or corporation shall have first been
authorized by the City Council to
do excavating within the limits of
the City and shall have deposited
a policy of liability insurance satis-
factory to the City Council insuring
the City against any liability aris-
ing out of the work during the per-
iod the same is being carried on or
within 2 years thereafter.
Section 9. Any work done under
a permit as provided for in this
ordinance shall be done expedi-
tiously and in a good and work-
manlike manner under the direc-
tion and supervision of the City
Manager.
Section 10. Any person, firm or
corporation violating the provisions
of this ordinance shall upon con-
viction thereof be punished by a
fine of not more than $100.00 or,
in default thereof, imprisoned for
not more than thirty days.
Section 11. Any person, firm or
corporation who shall fail to com-
ply with the terms and conditions
of the permit herein authorized or
shall violate the terms of this or-
dinance shall not hereafter be
granted another such permit with-
out the prior approval of the City
Council.
Section 12. The City Manager is
hereby authorized to delegate any
of the powers conferred on him by
this ordinance to either the City
Engineer or the City Plumbing In-
spector.
Section 13. The provisions of this
ordinance shall not apply to City
Departments or to persons per-
forming work under a contract
with the City but any such contract
shall require a substantial com•
pliance with the provisions of this
ordinance.
Section 14. Ordinance No. 171
adopted February 1, 1926, is here-
by repealed.
Section 15. This Ordinance shall
be in full force and effect from
and after its final passage, adop-
tion and publication as by law pro-
vided.
Introduced the 25th day of Sep-
tember, 1951.
Rule requiring reading on three
separate days suspended by unani-
mous vote the 25th day of Septem-
ber, 1951.
K M ~ ..:. ~~~n r u . a.:~~,ww kx~i+-a?r~+~~r araw,w.'~"~'~"y.p"y'~'"~~!~!+#'+'l~C°"'~= i .~. 1~ '; i
566 Special Session, September 25th, 1951
Passed, adopted and approved
this 25th day of September, 1951,
ROMOLO N. RUSSO,
Mayor
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen
Attest: J. J, SHEA,
City Clerk
Published officially in The Tele-
graph-Herald newspaper this 28th
day of September, 1951.
J. J. SHEA,
City Clerk
Councilman Austin moved the
adoption of the ordinance. Second-
ed by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu,
Nays-None.
September 24, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen: This is to advise that
I have approved the following pol-
icies and bonds and desire to have
your approval on same for filing:
EXCAVATION
Key City Plumbing & Heating
Co., 130 West 13th Street, Policy
No. M&C 313991 '1'he Western Cas-
ualty & Surety Co.
Curtis-Straub Company, 1072 Lo-
cust Street, Policy No. PC-13551
Central Surety & Ins. Corporation.
W. J. Jordan, 1748 Audubon
Street, Bond No. 12.477-301 New
York Casualty Co.
Braconier Plumbing & Heating
Co., (W. Irvin Champion, Owner)
1091 University Avenue, Bond No.
GA 296328 650428 Indemnity Ins.
Co. of North America.
' Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kolb moved that the
bonds and policies be approved and
placed on file. Seconded by Coun•
Gilman Schueller. Carried by the
following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Sept. 21, 1951
L. J. Schiltz,
City Manager
Dear Sir: This is in reply to your
inquiry as to the status of the
Rex Club beer license in view of
your recent information that this
club was convicted of illegal pos-
session of intoxicating liquors in
1950.
In my opinion, if it is estblished
that the Rex Club itself was so con-
victed then it is not qualified to
hold a beer permit under the Iowa
law and it is mandatory upon the
City Council to revoke any beer
permit now held by this organiza-
tion.
It is also my opinion that, if you
have such information in your pos-
session its your duty as City Man-
ager to so advise the City Council
and request the revocation,
Sincerely,
T. H, NELSON,
City Solicitor
September 20, 1951
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen: I have caused a re•
examination of the violation rec-
ord of the Rex Club in the City
of Dubuque and find that the in•
formation listed below was not
made available to the City Council
when the permit was granted for
the operation of this Club.
On the 28th day of February,
1950, an information No. 8551 was
filed in the District Court of Du-
buque County, Iowa, accusing the
Rex Club, 127 West 6th Street in
Dubuque, Iowa, of having in its
possession and under its control
gambling devices, also known as
punch boards, contrary to and in
violation of Section 728.5 of the
1946 Code of Iowa.
Also on the 28th day of Febru•
ary, 1950, an information No. 8552
was filed in the District Court of
Dubuque County, Iowa, accusing
the Rex Club, 127 West 6th Street
in Dubuque, Iowa, of Illegal Pos-
session of Liquor in that while
holding a Class B Beer Permit,
did have in its possession alco-
holic liquors for beverage pur-
poses having an alcoholic content
greater than 4% by weight, con-
trary to and in violation of Section
124.31 of the 1948 Code of Iowa.
On the 23rd day of March, 1950
the Rex Club as defendant in the
District Court of Dubuque, Du-
buque County, Iowa, was fined
$300.00 and costs on each of these
~i
Special Session, September 25th, 1951 567
charges. Judge John G. Chalmers
presiding,
This information was also not
submitted with the permit to the
State Beer Board.
In view of this re-examination, I
would recommend that the City
Council revoke the license of the
Rex Club because had this infor-
mation been available to the Coun-
cil when the permit was applied
for no permit could have been is-
sued.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Austin moved that
the opinion of City Solicitor Nel-
son and the recommendation of
City Manager Schiltz be approved.
Seconded by Mayor Russo. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 350-51
Be It Resolved by the City
Council of the City of Dubuque
that Class "B" Beer Permit No.
84, heretofore issued to the Rex
Club, 127 West Sixth Street, Du-
buque, Iowa, be and the same is
hereby revoked and the Chief of
Police is directed to take up such
permit forthwith and return the
same for cancellation.
Passed, adopted and approved
this 25th day of September, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU.
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kolb moved the
adoption of the resolution. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Schueller moved that
the matter of forfeiture of license
fee of The Rex Club, as to whether
the same is mandatory, be referred
to the City Solicitor for a report
back to the City Council. Seconded
by Councilman Kolb. Carried by
the fallowing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller.
Nays-None.
Councilman Welu not voting.
September 21, 1951
To the Honorable Mayor
and City Council
Dubuque, Iowa.
Gentlemen:
The petition of Clem J. McGuire
asking permission to erect a can-
opy on and to the front of building
located at 356 Main Street was
referred' to us to further investi-
gate the type of canopy desired
and the method of installation,
Mr. McGuire was contacted by
the Building Commissioner and he
described the installation as fol-
lows:
A canopy six feet in width, at-
tached to the front of the building
over the entrance and extending
out a distance of approximately
ten feet. At the outer edge, the
canopy would be supported by
two posts which would rest on the
public sidewalk.
It was suggested to Mr. McGuire
that the canopy be supported by
inclined ties from the front of
canopy upward and to the front
of building thereby eliminating
the supporting posts, this he de-
clined to do.
Therefore due to the obstruc-
tions that would be placed on the
public sidewalk by reason of the
supporting posts we recommend the
denial of this petition.
Respeptfully submitted,
L. J. SCHILTZ,
City Manager.
DONALD J. BANDY,
Building Commissioner.
Councilman Austin moved that
the recommendation of City Man-
ager Schiltz and Building Com-
missioner Bandy be approved. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 351-51
Whereas, the City Council on June
29, 1950 accepted the offer of Mrs.
John Donahue for the purchase of
Lot 2 of 2 of 22, Lot 2 of 1 of 21,
Lot 2 of 20 and Lot 2 of 19, all
of Randall Sub. No. 2 in the City
of Dubuque; and
Whereas, Mrs. John Donahue has
568 Special Session, September 25th, 1951
submitted a plat of the property
as required, and has paid the con-
sideration of Forty Dollars ($40.00):
Now, Therefore,
Be It Resolved by the City
Council of the City of Dubuque
that the Mayor and Clerk are here-
by authorized to execute on the
behalf of the City of Dubuque a
plat and deed for the above de-
scribed property.
Passed, adopted and approved
this 25th day of September, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU.
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kolb moved the
adoption of the resolution. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 352-51
Resolution authorizing convey-
ance of Lot Two of Lot One of
Lot Three in Randall's Sub. to
Peter J. Faber,
Whereas, Peter J. Faber has
offered to purchase the following
described real estate from the City
of Dubuque for the price of
$400.00; and
Whereas the City Council has
viewed the ground and has had the
same investigated and the City
Manager deems this property un•
suitable to any public purpose of
the City of Dubuque;
Naw Therefore Be It Resolved:
That the Mayor is hereby auth-
orized to execute a Quit Claim
Deed in the name of the City of
Dubuque conveying all its right,
title and interest in:
Lot Two of Lot One of Lot
Three in Randall's Subdivision in
the City of Dubuque, Dubuque
County, Iowa, to Peter J. Faber
of Dubuque, Iowa, and to execute
on behalf of the City the plat of
the subdivision of said Lot One
and Lot Three in Randall's Subdi-
vision now on file with the City
Clerk.
That the City Clerk is hereby
authorized and empowered to affix
the Seal of the City of Dubuque
to said deed and said plat;
That the City Clerk is hereby
authorized to deliver said deed to
the said Peter J. Faber upon re-
ceipt of the agreed purchase price
of Four Hundred Dollars ($400.00)
in cash.
Introduced and placed on file
for final action this 25th day of
September, 1951.
Councilman Welu moved that
the resolution be approved and
placed on file for final adoption.
Seconded by Councilman Austin.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 353-51
Resolution setting time and
place of hearing on ,proposal to
dispose of real estate.
Whereas a Resolution No. 352-
51 has been introduced in the
City Council of the City of Du-
buque, providing for the sale of
Lot Two of Lot One of Lot Three
in Randall's Subdivision to Peter
J. Faber for $400.00; and,
Whereas, before such Resolution
may be adopted a public hearing
must be had thereon;
Now Therefore Be It Resolved
by the City Council of the City of
Dubuque:
That a public hearing be held
on said proposed Resolution on
the 5th day of November, 1951, at
7:30 o'clock p.m. in the City Coun-
cil Chambers in the City Hall in
the City of Dubuque, Iowa, at
which time and place all interested
parties will be given an opportun-
ity to be heard and that the City
Clerk is hereby directed to publish
notice of said hearing one each
week for two consecutive weeks
in the manner provided by law.
Adopted this 25th day of Sep-
tember, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest; J. J. SHEA,
City Clerk.
Councilmen Welu moved the
adoption of the resolution. Sec-
Special Session, September 25th, 1951 569
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 343-51
Whereas, proposals have been
submitted by contractors for the
construction of an eight (8) inch
vitrified the sanitary sewer in
Levi Street beginning at the in-
tersection with Lorimer Street and
running west along the centerline
of Levi Street to Sullivan Street;
thence south along the centerline
of Sullivan Street to the existing
manhole located at the intersec•
tion of Sullivan Street and English
Lane pursuant to Resolution No.
311-51 and Thomas Flynn Coal
Company contractor, has sub-
mitted the lowest bid for the
furnishing of all labor and mater-
ials and performing the work as
provided for in the plans and
specifications; now therefore,
Be It Resolved by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Thomas Flynn Coal Co. and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity be-
come effective from and after its
passage and adoption by the City
Council.
Approved and placed on file for
one week on September 17th. 1951.
Passed and adopted this 25th
day of September, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Welu moved the
adoption of the resolution. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 344-51
Whereas, proposals have been
submitted by contractors for the
improvement of Avoca Street with
curb and gutter frgm the south
property line of Rosedale Avenue
to the north property line of
Cherry Street pursuant to Resolu-
tion No. 317-51 and Thomas
Flynn Coal Co. contractor, has
submitted the lowest bid for the
furnishing of all labor and mater-
ials and performing the work as
provided for in the plans and
specifications; now therefore,
Be It Resolved by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Thomas Flynn Caal Co. and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque
for the complete performance of
said work.
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity be-
come effective from and after its
passage and adoption by the City
Council.
Approved and placed on file for
one week on September 17, 1951.
Passed and adopted this 25th
day of September, 1951.
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kolb moved the
adoption of the resolution. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 345-51
Whereas, proposals have been
submitted by contractors for the
improvement of Buena Vista
Street with curb and gutter from
the north property line of Alley
south of Strauss Street to the
south property line of Lowther
Street pursuant to Resolution No.
a ... ,..... .. -, - . ,, st e~x~^r~^a ~ ~~ ~ ~ ~
570 Special Session, September 25th, 1951
313-51 and Thomas Flynn Coal
Co. contractor, has submitted the
lowest bid for the furnishing of
all labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
Be It Resolved by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Thomas Flynn Coal Co. and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity be-
come effective from and after its
passage and adoption by the City
Council.
Approved and placed on file
for one week on September 17th,
1951.
Passed and adopted this 25th
day of September, 1951,
ROMOLO N. RUSSO,
Mayor.
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kolb moved the
adoption of the resolution. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nags-None.
(Awarding Contract)
RESOLUTION N0. 346-51
Whereas, proposals have been
submitted by contractors for the
improvement of Green Street with
concrete curb and gutter from the
east property line of Avoca Street
to the west property line of Al-
gona Street pursuant to Resolution
No. 325--51 and Thomas Flynn
Coal Co. contractor, has submitted
the lowest bid for the furnishing
of all labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
Be It Resolved by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Thomas Flynn Coal Co. and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity be-
come effective from and after its
passage and adoption by the City
Council.
Approved and placed on file for
one week on September 17th, 1951.
Passed and adopted this 25th
day of September, 1951.
ROMOLO N, RUSSO,
Mayor.
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kolb moved the
adoption of the resolution. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
(,Awarding Contrect-
RESOLUTION N0. 347-51
Whereas, proposals have been
submitted by contractors for the
improvement of West Sixteenth
Street with curb and gutter from
the west property line of Catherine
Street to the end of Street pur-
suant to Resolution No. 321-51
and Thomas Flynn Coal Co. con-
tractor, has submitted the lowest
bid for the furnishing of all labor
and materials and performing the
work as provided for in the plans
and specifications; now therefore,
Be It Resolved by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Thomas Flynn Coal Co. and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity be-
come effective from and after its
R
Special Session, September 25th, 1951 571
passage and adoption ~y the City
Council.
Approved and placed on file for
one week on September 17th, 1951.
Passed and adopted this 25th
day of September, 1951.
ROMOLO N. RUSSO,
Mayor
CLARENCE P. WELD,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen
Attest: J, J. SHEA,
City Clerk
Councilman Schueller moved the
adoption of the resolution. Sec-
onded by Councilman Austin. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 354-51
Be It Resolved b y the City
Council of the City of Dubuque
that the following, having com-
plied with the provisions of law
relating to the sale of cigarettes
within the City of Dubuque, be
granted a permit to sell cigarettes
and cigarette papers within said
City and the Manager is directed
to issue such permit on behalf of
said City.
Nick Weber and Celia Weber,
(Effective 10/1/51), 998 Central
Avenue.
John R. Schueller, (Effective
10/1/51),601 Rhomberg Avenue.
Walter " W. Knoll, (Effective
10/1/51), 205 Kaufman Avenue.
Be It Further Resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
this 25th day of September, 1951.
ROMOLO N. RUSSO,
Mayor
CLARENCE P. WELU,
RAY F, KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen
Attest: J. J. SHWA,
City Clerk
Councilman Welu moved the
adoption of the resolution. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
A tin Kolb Schueller Welu
Permits have been submitted to
this Council for approval and the
same have been examined: Now,
Therefore,
Be It Resolved by the Council
of the City of Dubuque that the
following applications be granted
and the licenses are to be issued
upon the compliance with the
terms of the ordinances of this
City.
CLASS "B" PERMIT
Name Address
John R. Schueller, 601 Rhomberg
Avenue.
John J. Hickey and Thomas J.
Hickey, 55 Locust Street.
Roshek Bros. Company, 700.798
Locust Street.
John E. Noel and June M. Noel,
2400 Central Avenue.
Nick Weber and Celia Weber,
998 Central Avenue.
CLASS "B" PERMIT FOR
PRNATE CLU&
Disabled American Veteran s
Club, Inc., 95I~i Main Street.
CLASS "C" PERMIT
Arthur H. Eichman, 2119 Rhom-
berg Avenue.
W. C. Crahan, Cor. Dodge and
Bluff Streets.
Merlin Apel, 1195 Dodge Street.
Joseph d. Siege, Jr. and Ferdin-
and W. Kenniker, 2401 Windsor
Avenue.
William Wand, 2850 Burlington
Street.
Arthur R. Knoll, 205 Kaufman
Avenue.
Passed, adopted and approved
this 25th day of September, 1951.
ROMOLO N. RUSSO,
Mayor
CLARENCE P. WELU,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Kolb moved the
adoption of the resolution. Second•
rri by Councilman Schueller, Car-
ried by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
us ~ ~ RESOLUTION N0. 356-51
Nays-None.
Whereas, heretofore applications
RESOLUTION N0. 355-51 for Beer Permits were filed by the
Whereas, applications for Beer within named applicants and they
• +~~-+~^f=*a*«re.try.,,,,...e.-+~Y2~~3~i~aw~wrRgbd+~'!Y~u.9~~~! ~k`~ -
572 Special Session, September 25, 1951
have received the approval of this
Council; and
Whereas, the premises to be oc-
cupied by such applicants have
been inspected and found to com-
ply with the ordinances of this
City and they have filed a proper
bond: Now Therefore,
Be It Resolved by the Council
of the City of Dubuque that the
Manager be and he is directed to
issue to the following named ap-
plicants aBeer Permit.
CLASS "B" PERMIT
Name Address
John R. Schueller, 601 Rhomberg
Avenue.
John J. Hickey and Thomas J.
Hickey, 55 Locust Street,
Roshek Bros. Company, 700.798
Locust Street.
John E. Noel and June M. Noel,
2400 Central Avenue,
Nick Weber and Celia Weber,
998 Central Avenue,
ed by Councilman Kolb. Carried
by the following vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
There being no further business
Councilman Kolb moved to ad-
journ. Seconded by Councilman
Austin. Carried by the following
vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu.
Nays-None.
J. J. SHEA,
City Clerk
Approved ................................1952
Adopted ..................................1952
Councilmen .....................................
CLASS "B" PERMIT FOR
PRNATE CLUB
Diasabled American V e t e r a n s
Club, Inc,, 951'/z Main Street.
CLASS "C" PERMIT
Arthur H. Eichman, 2119 Rhom•
berg Avenue.
W. C. Crahan, Cor. Dodge & Bluff
Streets.
Merlin Apel, 1195 Dodge Street.
Joseph J. Siege, Jr. & Ferdinand
W. Kenniker, 2401 Windsor Av-
enue.
William Wand, 2850 Burlington
Street.
Arthur R, Knoll, 205 Kaufman
Avenue.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 25th day of September, 1951.
ROMOLO N. RUSSO,
Mayor
CLAREir1CE P. WELD,
RAY F. KOLB,
RUBEN V. AUSTIN,
LEO N. SCHUELLER,
Councilmen
Attest: J. J, SHEA,
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
Attest ........................................
City Clerk.
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Regular Session, October 1, 1951 573
C ty Council
(OFFICIAL)
Regular Session, October 1st,
1951.
Council met at 7:30 P.M.
Present-Mayor Russo, Council-
men Austin, Kolb, Schueller, Welu.
City Manager Schiltz.
Mayor Russo stated that this is
the regular monthly meeting of
the City Council for the purpose
of acting upon such business as
may properly come before the
meeting.
Proofs of publication, certified
to by the publishers, of notice of
levy of special assessment and in•
tention of the City Council to is-
sue bonds for the construction of
vitrified file sanitary sewer laterals
of variable diameters within the
"Simpson-Coates Street Sewer Dis-
trict," said district having been
created and established by Ordin-
ance No. 10.50. Vitrified file sani-
tary sewer laterals shall be con-
structed on the various sizes and
in locations as follows:
An eight (8) inch vitrified sani-
tary sewer line beginning at the
intersection of the centerlines of
Coates Street and Cross Street and
running westerly a distance of 560
feet to the prolongation of the east
line of Lot 2 of Lot 2 of Lot 1 of
R. W. Baker's Subdivision; also
from the intersection of the center-
lines of Coates Street and Cross
Street running easterly along the
centerline of Coates Street to a
point on the prolongation of the
east line of Lot 1 of the Subdivision
of Lots 39, 40 and 41 of Simpson's
Addition; also from the intersec-
tion of Coates Street running south-
erly along the centerline of Cross
Street to the intersection with the
centerline of Simpson Street;
thence along the centerline of
Simpson Street westerly a distance
of 500 feet; also from the inter-
section of the centerlines of Simp-
son Street and Cross Street run-
ning easterly along the centerline
of Simpson Street to a point on
the prolongation of the west line of
Lot 1 of Lot 45 of Simpson's Ad•
dition; also from the intersection
of Coates Street and Cross Street
running north 22 degrees and 30
minutes west a distance of 259
feet; thence a twelve (12) inch vit-
rified file line running north 22
degrees 30 minutes west a distance
of 45 feet to a point intersecting
the Trunk Line Sewer.
An eight (8) inch vitrified file
sanitary sewer line beginning at
the intersection of the southerly
line of Lot 1 of Dubuque Homes
Subdivision Nwnber 2 and the
centerline of the recorded ease-
ment of 6 foot width running
southerly through the lots of Du-
buque Homes Subdivision Number
2 located to the west of Cherokee
Drive and thence running souther-
ly along the centerline of said
easement to a point 30 feet north-
erly from the southerly line of
Lot 13 of Dubuque Homes Sub-
division Number 2, thence a twelve
(12) inch vitrified file line running
south 42 degrees 30 minutes east
a distance of 224 feet to a point
intersecting the 'Drunk Line Sewer,
An eight (8) inch vitrified file
sanitary sewer line beginning at
the intersection of the southerly
line of Lot 23 of Dubuque Homes
Subdivision Number 2 and the
centerline of the recorded ease-
ment of 6 foot width running south-
erly along the easterly line of the
lots lying east of Cherokee Drive
and thence running southerly
along the centerline of said ease-
ment to the point of intersection
with the Trunk Line sewer, pre-
sented and read.
Councilman Kolb moved that the
proofs of publication be received
and filed. Seconded by Council
man Welu. Carried by the follow-
ing vote:
Yeas-Mayor Russo, Councilmen
Austin, Kolb, Schueller, Welu,
Nays-None.
Dubuque, Iowa
September 27,1951
To the Honorable Mayor and
Council, City of Dubuque, Iowa
Gentlemen: Inasmuch as no ef•
fort has been made to repair or
replace curbing destroyed in con-
struction of sewer adjacent to Lot 1
of Lot 1 of R. W. Baker Addition
and surplus rock and dirt scattered
in front of these premises have not
been removed and repairs made to
terrace I hereby protest the ac-