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1952 February Council Proceedings 36 Special Session, January 29, 1952 City Council (OFFICIAL) Special Session, January 29th, 1952. Council met at 7:30 P.M Presen~Mayor Russn, Council• men Austin, Kolb, Schueller, Welu, City Manager Schiltz. Meeting called by order of Councilmen Welu and Kolb. >t4ayor Russo read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of receiving the preliminary report of the Engineers on flood control foi the City of Dubuque, Iowa. Petition of the Dubuque County Dental Society asking that the City CCriuncil, through the Mayor, issue a proclamation, proclaiming Mon- day, February 4th, 1952 as Child- ren's Dental Health Day in Du- buque, presented and read. Coancilman Welu moved that the request be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. days-None. Petition of the Dubuque County Chapter of the National Founda• tion for Infantile Paralysis request- ing permission to conduct a Polio Tag Day on Friday, February 1st and Saturday, February 2nd, 1952, 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, ltolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Attorney M. H. Czizek, spokes- man for the Citizens Flood Control committee, and Mr. Frank Wagner, Chairman of the Citizens Flood Control committee, addressed the Council and presented the flood control plan to the City Council. Mr. C. M. Stanley, Stanley En- gineer Company, who compiled the preliminary report on flood control for the City of Dubuque, Iowa, ad• dressed the Council explaining the details of the flood control plan. Councilman Welu moved that the flood control plan be referred to the City Council, City Manager, City Solictor, Planning & Zoninng Commisson and the Board of Dock Commissioners for study. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to adjourn. 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 l ........:....................... _ I Councilmen, ~ l ................................... Attest :..................... . City Cerk, s :x ~. y; Y'' v ~~, ~, a ,i "I . ~I Regular Session, February 4, 1952 37 City Council (OFFICIAL) Rtgular Session, )! ebruary 4th, 1952. Council met at 7:30 P. M. Present •-- Councilmen Austin, Kolb, Schueller, Welu, City Mana• get Schiltt. AbteaF•~Mayor Ruaro. Councilman Kolb moved that Councilman Welu be appointed Mayor Pro Tem of the meeting. Seconded by Councilman Auatbr, Carried by We following vote: Yeas--Councilmen Austin, Rolb, Schueller, Nays--None. Absent-Mayor Russo. Councilman Welu not voting. Mayor Pro Tem Welu stated that thin is ffie regular monthly meet- ing of the City Council for the pur- pose of acting upon such buaineas as may properly come before the meeting. Proof of publication, certified to by the pubWhers, of notice of public hearing on the notice of supplemental estimate of rases for the purpose of paying the cost of carryin8 out a fire station pro• gram, presented and read. No writ- ten objections filed and no ob- jeetors present h7 the Council Chamber at the time net for said hearing. Councllman Kolb moved that the ~ . , .,; of publication be re• cefved and filed. Seconded by Cowr• oilman Austin. Carried by the fol• lowing vote: Yeas -Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays--None. Absent Mayor Russo. Proof of publication, certified to by the publishers, of notice of the sale of $167,000.00 Fire Station Rends, presented and read. Coun- cilman Kolb moved that the proof o! publication be received and filed. C:~•rded by Councilman Schueller. Carried by the following vote: Yea: -- Hayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nqs-None. Absent-Mayor Russo. Oral bids were called for Dut bone were received for the purchase ~ X16'I,000.00 Fire Station Bands. The foIlowiag sealed bids were then opened and read: $id of Dubuque Bank A Treat Company, Offer to purchase $167,000.00 of Cfty of Du• buque Fire Station Benda dated )! ebruary 1, 1952, and to pay for same at par of $167,000.00 plea ac• trued interest to date of payment at the rate of 3~% per annum; Bid of quaff do Co., Davenport, Iowa, and Becker di Cownie, Inc., Des Moines, Iowa, For $167,000.40 F1n Station Bonds bearing inter- est at the rate of three (3) per cent per annum, bid of par and a premium of $425.00 together with accrued interest. Councilman Aus• tin moved that CouncIl recess for the purpose of considering the bids submitted for the purchase of X187,000.00 F1re Station Bonds. Sec• ended by Councllman Schueller. Carried by the following vote: Yeas -Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays I~Ione. Absent-Mayor Russo. Council receared at 7:4A P. M. and reconvened at 7:45 P. M. Councllman Austin moved fat all bids rubmitted for the pur• chase of $187,004.00 Fire Station Bondy be ejected. Seconded by Councilman ,Kolb. Carried by the following vote: Yeas -~ Mayor Pro Tem Welu, Counellmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. RESOLUTION NO. ~•S4 Resolution providing for the sale of $167,000 Fire Station Benda at private sale and rejeetlng all bids. Whereas notice of sale of $167; 000 Fire Station Bondy of the City of Dubuque, Iowa, has heretofore been given in strict compliance with ffie provisions of Chapter ?5 of the Code of Iowa by publication of notice for two or more consecu- tive weeks in a newspaper pub• fished and of general circulation in Dubuque County, Iowa, and the City of Dubuque, Iowa; Whereat all sealed bids have been received and placed on file, after which open bids were called for end none received and thereafter such reeled bids wen opened, the subrtance of the beat reeled bid be• ing: quail & Co., Davenport, Iowa, and Becker & Cowoie Inc., Des Moines, Iowa, par and a premium of ;425.00 together with accrued _.: _.:._ '. _ Yr 38 Regulaz Session, February 4, 1952 interest bearing interest at the rate of three (3) per cent per annum. Now therefore be it resolved by the city rnuncil of the City of Du• buque, Iowa: Section 1. That all bids are here- by rejected and the City Treasurer authorized to return all bid de- posits; Section 2. That the City -Treasur- er be .and he is hereby authorized to sell said bends at private sale to the said bidders or to any oth- er persons by popular subscription or otherwise, for the best price ob• tamable in cash, but not less than par plus accrued interest to the date of such sale and on terms not less favorable than the sealed bid of Quail dt Co., Davenport, Iowa, and Becker k Cownie Inc., ~ Des Moines, Iowa. Section 3, That the City Treasur• er is further authorized to adver- tise such bonds for sale and to pay the expenses of such advertising from the proceeds of such sale. Passed, adopted and arr.-red this 4th day of February, 1952. CLARENCE P. WELU Mayor Pro Tem 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 Schueller. Car- ried by the following vote: Yeas -Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. ORDINANCE N0.3.52 An ordinance authorizing the is• suance of 5167,000 Fire Station Bonds and providing for the levy of taxes to pay the same, said or• dinance having been passed upon first reading on January 7th, 1952, 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 No. 5.52 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 1187,000 FIRE STATION BONDS AND PROVID- ING FOR THE LEVY OF TAXES TO PAY THE SAME. Whereas at an election duly and regularly held In the City of Du- buque, Iowa on the 8th day of No- vember, 1961, pursuant to the provi- siona of Chapter 407 of the 1950 Code of Iowa, as amended, the tollowlsg question was submitted to the electors of said Clty: "Shall the following pubUc measure be adopted? Shall the City of Du• buque, Iowa, carry out a fire station program consisting of constructing anew fire elation and acquiring a cite therefor and remodeling sn ea- isting fire station in and for said C1ty and contrast Indebtedness for such urpose not ezceeding 1167,600, and Pasue bonds fot such pur- pose not exceeding 1187,500 and levy a tax annually upon the taxable property in said LQlty of Dubuque Iowa, not exceeding one-halt mill per annum for the payment of such bonds and the lntereat thereoaT' and Whereas at a special meet]ag held at the City Council Chambers in the City Hall to the City of DubuQne, Iowa, at 7:30 o'clock p.m. November 7, 1951, pursuant to regular call, the City CouncU of the Clty of Dubuque canvaseed the results of said election and found the vote to be ae foUowe: Yea: 1747 No: 5d6; and Whereas, ae a result of such can- vass the Bald City CouncU than sad there found that said bond issue, 1n- debtedness and taz for Bald purpose was approved by more than riaty and agalnst0e~ald proposition; ~dt toe Whereas It fa necessary and advle- able that provisions be made for the Issuance at this time of auoh bonds to the amount of 1167,000 to de[txy the C08t of carrying out Said Fire Station Program In accordance with Chapter 407 of the 1950 Code of lows and Chapter 159 of the Acts of the 54th General Assembly; Noa~, Therefore, Be It Ordained by the Clty Council of the City of Du- buque, as follows: Section 1. That ppursuant to and as permitted by sect[ona 407.12, 407.13 and 407,14 of the 1960 Code of Iowa, as amended, there shall be and there is hereby authorized to be issued the negotiable Flre Station Bonds of said City of Dubuque, In the prin• cipal amount of 1167,000, said bonds to be 'one hundred sixty-seven in number, numbered conaecut[velyy 1 to 167, mcluslve, of the denominatlen of One Thousand Dollars (11p00); that said bonds be signed by thhe Mayor and attested by the City Clerk and the Seal of said Clty atilzed, and be registered ae to issuance by the City Treasurer and a certitlcate of such registration endorsed thereon; that interest on said bands be evi• dented by coupons thereto attached and maturing on the several days when such lntereat matures which coupons shall be executed with the facsimile signatures of Bald offlclait, and said Mayor and Clty Clerk, byp the execution o! Bald bonds, shall adopt as and for their pproper elgne- tures their resppective facsimile sig- natures appearing on said coupons, and.that both principal and lntereat De payable in lawful money o! the United States of America at the of- fice of the C1ty Treasurer In and of the City of Dubuque, Iowa; That sold bonds shall mature In nu- merical order, 111,000 on November tat, 1953; 116,000 on November tat of each of the years 1954 and 1956; 117,000 on November lot o1 each of the years 1956 and 1957; and 118,000 on .November tat of eabh of the years 1968 to 1982, inclusive, aheU be , +~ 'a r ~. , ~~t i {, ~; i ~< ~ ~. ~r Regular Session, February 4, 1952 39 dated February 1, 1952, and shall bear lntereat at the rate of two and three- quartera per cent (2$t'%) per annum from the date of said bonds until paid, payable May 1, 1962, and semi- annually thereafter on the first days of May and November in each year, Section 2. That each of sold bonds shall be subject to registration as to pdncipal in the name oY the holder on the booka of the City Treasurer, ouch registration being noted upon each bond so registered, and after anch reglatratlon payment of the prin- cipal thereof shall be made only to the registered holder. Any bonds so registered, upon the request in writ- ing of such holder, personally or by attorney in tact, may be transferred either to a deelgnated transferee or to bearer, and the principal of any bonds so transferred and registered to bearer shall thereupon be and be- come payable to bearer 1n like man- ner as if such bond had never been tegletered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons thereto attached by delivery merely. Section 9. That said bonds, coupons ahd provieinns for registration be !n eubatandally the following form: (Forth of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE FIRE BTATION BOND No. -- 11000 KNOW ALL MEN BY THESE PRESENTS that the Clty of Du- buque,ln the County of Dubuque and State of Iowa, for value received, promises to pay to beareq or if this -bond be registered as to principle, to the registered holder hereof, the earn o[ One Thousand Dollars 11000) on the first day of November, 19-, with lntereat on said sum from the date hereof until paid at the rate of two and three-quarters percent (2~'%) per annum, Datable May 1, 1952, and aem[-annually thereafter on the first days of May and November in each yehr, on presentation and surrender of the Interest coupons hereto at- tached as they severally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treaeurer,in and of the C1ty of Dubuque, Iowa. This bond la issued by the City of Dubuque pursuant to and in strict tomppHance with the provisions of SecUone 407.12, 407.18 and 407.14, and Chapter 76 of the Code of Iowa and Chapter 159 of the Acta o[ the 54th Oenerai Assembly, and all laws amendatory thereof and supplemen- tary thereto, and in conformity with an Ordinance of the Clty Council of Bald City duly passed, and approved on the 4th day of February, 1952, for the purpose of carrying out a Fire Station Program 1n. sold City. And it 1s hereby certified and re- otted that all acts, conditions and things required by the laws and Con- atitutlon of the State of Iowa to exist, to be had, to be done, or to be per- formed precedent to and in the issue of thin bond, were and have been ,,: ly ealatent, had, done and per- formed in regular and due form and time; that provision has been made for the levy of a au[flcient cont[nuing annual tax on all the taxable prop- erty within said City for the pay- ment of the principal and lntereat of this bond as the same will re- spectively become due; that the faith, credit, revenues and resources and all the real and personal property of said C1ty are irrevocably pledged [or the prompt payment hereof, both principal and Interest, and that the total Indebtedness of said City, in- ~luding this bond, does not exceed soy Constitutional or Statutory llm- itationa This bond is subject to registra- tion as to principal in the name of the holder on the booka of the City Treasurer of said City, such regis- tration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no trana- ter hereof, except upon such books and similarly noted hereon, shall be val[d, unless the last registration shall have been to bearer. Registration hereof shall not affect the negotfabii- Ity of the coupons hereto attached which shall continue negotiable by delivery merely. IN WITNESS WHEREOF, Bald City. by its City Council, has caused this pond to be signed by its Mayor and attested by rte City Clerk, with the seat of said City affixed, and the coupons hereto attached to be exe- cuted with the facsimile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper sig- natures their respective facsimile elg- natures appearing on said coupons, all the first day of February, 1962. Mayor of the City of Dubuque, Iowa Attest: Clerk of the City of Dubuque, Iowa (Form of coupon) No. - 1-- On the Treasurer of the City o[ Dubuque, Iowa, will pay to bearer Dollars (1-) at the office of the Clty Treasurer, Dubuque, Iowa, for interest due that day on its Fire Station Band, dated ,Number -. Attest: City Clerk. Mayor. (Farm for Reg[stration of Ownership) Data Name of $[gnaturee of Registered of City Registration Owner Treasurer On the back of each bond there shall be endorsed a certlflcate of the City Treasurer in the following form: State of Iowa sa: County of Dubuque City Treasurer's Certificate The i8811e of this bond has been duly and properly registered to my office as of the -day of , 19-. Treasurer of the City o[ Dubuque, Iowa. Section 4. That said bonds, as herein authorised, be executed ae herein provided ae soon after the adoption of this Ordinance ae may be, and thereupon they shall be de- livered to the Treasurer of said Clty who shall register the [act of the issuance of same [n a book provided for that purpose and shall deliver said bonds to the purchaser, as de- termined by his Council, upon receipt of the purchase price, the same to be not leas than the par value of said bonds with accrued lntereat thereon, and all action heretofore 40 Regular Session, February 4, 1952 taken 1n connection with the Bale of said bonds is hereby ratlfled and confirmed in all respects. $ectlon b. That such bonds aro hereby declared to De funding bonds within the meaning and latent of Chapter lb9 of the Acta of the 64th General Assembly of Iowa. Section 8. That as required by Chapter 407 and Secttoa 76.2 of the 1960 Code of Iowa, as amended, and for the purpose of grovidtnngg for the levy and collection of a direct an- nual tax eufftoiest to Day the Inter eat on ouch bopds as auoh interest fella due and also to Day and die• ohsrge the Drincipal thereof at ma• rarity, theca be and there le hereby ordered levied urn all rho taxable Droperty in aald City In each of the years while sold bonds or say of them are outatanding, a tax aufflolent for that par and In furtherance of this prov afon, but not In 1lmits- tlon thereof, there is .hereby levied on all taxable property is sold City tht following direct annual tax, to• wtt: Year o[ Levy Amount 196E ....... . ......................116,698.60 19ba . ................................. 2o.2so.oo 1964 ................................. 19,x60.00 1955 .... . .......................... E0,l10.00 1956 ............................„.... 19,94E.50 1967 ................................. Eo,475.00 1958 ................................. # 19,980.00 1969 ..................................119,496.00 1860 ...................................118,990,00 1961 ..................................116, 496.00 Sold taxes when collected shall be eilocated to the Debt service Fund and converted Into a epeelal fund for the payment of prineipal and lntereat of the bonds hereby authorised sad for no other Vpwp~ae whatsoever. That E,446.L1 from the current ap• proprlat~on to the Debt Service Fund shall be set aside in a special fund to y the Inlereat falIIng due on said bonds in the fiscal 1~ear 18b2 and that the principal or interest coming due at any tfroe when there are in• auffle[ent funds on hand to pay the same be promptly paid when due from current funds on hand and reimbur~e- ment ba made to such enrrent funds !n the soma thus advanced when the taxes herein provided shall have been collected. Section 7. That In the event the levies herein provlded for, or the funds allocated to the payment of card bonds, prove lnsnfflclent to re- tire the principal and Interest on said bonds, or for any reason Bald levies ate held invalid then -n that event there shall be levied under any ta:• lug power of sold C[ty legallyy avaii- eble for the purpose, a aufflclent tax to pay all of said principal and inter- est when due. Section 8. That a certifted Dopy of thta Ordinance be ftled with the County Auditor of Dubu ue County and that said County Aud~tor be and he 1s hereby instructed In and for each of the years 196: to 1961, in- clualve, to enter for collection and a~- sees the tax herehy ordered. Section 9. That all Ordtnancee and Reaolutlona, or parts thereof in con- nlet herewith, be and the acme are hereby repealed. introduced January 7th, 195E, Passed and a.,.•~_d February 4th, 1962. CLARENCE P. WELD, Mayor Pro Tem. RA7 F. KOLB, RUBEN V. AUSTIN LEG N. SCHUELL)?SR, Atteett Couneihnen. J. J. Shea, City Clerk. Recorded February 4th, 19ba. Published February 1Eth. 196x. J. J. 9H)flA, City Clerk Published etflclaliy In The Tele• otaFebntear3a 1962.•'"".per this lath day J• J. SIiEA, 1tFeb1E Clty Clerk. Councilman Austin moved the adoption of the ordiaanee. Second- ed by Councilman Kalb. Carried by the following vote: Yeas -Mayor Pro Tem Weln, Councilmen Austin, Kolb, 3cbueUer. Nays-None. Absent-Mayor Russo. Proof of publication, certified to by the publishers, d notice of time and place of hearing on pro• posal to dispose od the iollowbsg real. estate: Lot 1 of 1 ~ 3 of Ran- daA's Subdivision in the City of Dubuque, Dubuque County, Iowa, also Lot 1 of 1 of Mineral Lot 145 and Lot 2 ~ 2 of 3 of Mineral Lot 144 in the City of Dubuque, Du• buque County, Iowa, presented and nod. Councilman Rolb moved that the proof of publication bE re- ceived and filed. Seconded by Conn. oilman Austin. Carried by the fol• lowing vote:. Yeas -Mayor Pro Tem Welu, Councilmen Austin, Rolb, Schueller. Nays-None. Absent-Mayor Rnaeo. Proof of publication, certified to by the publishers, of notice of sale of Lot 1 of 1 of Mineral Lot 145 and Lot 2 Of 2 Of Mineral Lot 144 in the City of Dubuque, 111t• buque County, Iowa, presented and nod. Couaeilmaa Kolb moved that the proof of pnbllcatiam be received sad Bled. Seconded by Councllman Austin. Carried by the following vote: Yeas -Mayor Pro Tear Welu, Councllmen Austin, Kolb, SChneBer. Nays-None, Absent-Mayor Russo. Oral bids were caged for and Mr. JasUn Burke submitted an oral bid in the amount of;S,500.00. The fol• lowing sealed bids were then opelt• ed and nod: Bid of Oeorge J. Tr4w- gel in the amount of #9,000.00; Bid of James R. McGlougblin in the amount of t+d,480.00; Bid of Arthur L. and Merlyn A. Digmen in the amount of ;4,011.00; Bid of Arthur Witherall In the amount of;4,><f00.00. Proof of publication, certified to by the publishers, of ~tiee of sale of Lot 1 of 1 of 8 of Randap's 1 ~ >n. tiro Ragula< Session, February 4, 1952 41 anbdivisioa to the City of Dubuque, Dubuque County, Iowa, presented and read. Councilman Schueller moved that the proof of publica- tion be received-and filed. Second• ed by Councilman Austin, Carried by the following Veto: Yoas -- Mayor Pro Tem Welu, Counciimm, Austin, Rolb, Schueller. Naylt-None. Abserlt+-Mayor Rugao. OrAI bids were- called #or but none were received. The following sealed bids were rhea opened aad read: $id of Arthur Witherall in the amount of ;11,020.00; Bid of M. B. Olaasky in the amount of $12,500.00. Councilman Schueller moved that CouaGl recess for the pur- pose of considering the bids sub• mitred for the purchase of Lot 1 of 1 of Mineral Lot 145 and Lot 2 of ~ of 3 of Mineral Lot 144 also for die purchase of Lot I of 1 of ~ `of Randall'a 3abdivislon: Sec- onAed by Councilman Austin. Car- rled bq' the fonowiug vote: Yeas. ~- Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. NAye*-iYaoe. Absent-.Mayor Russo. Cotmcil nceased pt 4:55 P. M. and reconvened at 8:00 P. M, RBSOLt1'fION N0.14•S2 Whereas, pursuant to Resolution aad Notice the City Council of the City of Dubuque met on the 4th day of February, 1952, at 7:30 O'- clock P. M. is the City Council Chambers in the Clty Hall to con- aider the r,..~ sal to dispose of the hereinafter described real estate, at which bearhig all interested par- tlea Here. afforded an ~dy~.2unity to be heard far or against such ~~,,,~,.~,~al; and Whereas, punuaat to pablished Aetna, OrAI bids for said r.~~b,,.iy rlere takes and the highest oral bid was determined to bo that of Zustin Backe ~ iti Ule amount of ~i,50D.00, atld after taking oral bids the sealed bids were then opened .and tbt high4at a4talad bid was de• tarati23ed to ba that a# Arthur Wi- theran is ttw amoaat of t+4,500,00, aad it was thereupon determined that the bid of Arthur Witherall in .the amount -41f ;4,500.00 was the euCClaSfnl bid; Nord The2~Eore Be It Resolved by the City Council of the City of Dubuque: Sect[on 1. That the bid of Arthur Witherall in the amount of ;4,- b00,00 for the purchase of Lot 1 of 1 of Mineral Lot 145 and Lot 2 of 2 of 3 of Mineral Lot 144 is hereby accepted and the Mayor and City Clerk are hereby authorized sad empowered to execute the quit claim deed of the City of Dubuque, releasing and conveying to Arthur Witherall all of its rights, title and interest is and to the above de- acrlbed nal estate and to deliver the same to the said Arthur Wltherall upon the receipt of ;4,- 500.00 io cash. Section 2. That this Resolution shall be in full force and effect from and after its final passage, adoption and .publication as pro- vided by law. A*~. ~ led and placed on file for final action this 4th day of Febr- uary, 1952• Councilman Kolb moved .that the resolution just read, being a resolution authorizing a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Councilman Austin. Carried by the following Pete: Yeas-Mayor Pro Tem Welu, Councilman Austin, Kolb, Schuel- ler. Nays-None. Absont-Mayor Russo. RESOLUTION N0. 21--52 Whereas, pursuant to Resolution and Notice the City Council of the City of Dubuque met on the 4th day of February, 1952 at 7:30 o'clock Y.M. in the City Council Chambers in the City Hall to con- sider the r.~r~sal to dispose of the hereinafter described real es- tate, at which hearing all inter- ested parties were afforded an op- portunity t4 be heard for or against such proposal; and Whereas, pursuant to published notice, oral bids for said- property were -taken and the highest oral bid was determined to be that of, no oral bids received, anQ after taking oral bids the sealed bfds were then opened and the highest T( 42 Regular Session, February 4, 1952 sealed bid was determined to be that of M. B. Olansky in the amount of ;12,500.00, and it was thereupon determined that the bid of M. B. Olansky in the amount of ;12,500.00 was the successful bid; Now Therefore Be It Resolved by the City Council of the City of Dubuque: Section 1. That the bid of M. B. Olansky in the amount of ;12,500.00 for the purchase of Lot 1 of Lot 1 of 3 of Randall's Subdivision is hereby accepted and the Mayor and City Clerk an hereby sutho• razed and empowered to execute the quit claim deed of the City of Dubuque, releasing and conveying to M. B. Olansky all of its rights, title and interest in and to the shave described real estate and to deliver the same to the aaid M. B. Olanaky upon the receipt of ;12,500.00 in cash. Section 2. That this Resolution shall be in lull force and effect from and after its Final passage, adoption and publication as pro- vided by law. Ar~r~:..~~ed and placed on File for Baal action this 4th daq of Irebr- uary, 1952. Councilman Kolb moved that the resolution just read, being a resolution authorizing a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Councllmaa Austin. Carried by the #ollowing vote. Yeas-Mayor Prn Tem Weln, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Councilman Austin moved that the City Treasurer be instructed to return the certified checks to the unsuccessful bidders who aub• miffed bids for ti-e purchase of Lot 1 of 1 of Mineral Lot 145 and Lot 2 of 2 of 3 of Mineral Lot 144, also on Lot i of 1 of S of Randall'a Subdivision. Seconded by Ca~ncilman Holb. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Coancilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Proof of publication, certified to by the publishers, of notice ~ public hearing on Resolution No. 443--51, A Resolution suUt~,,,::.:,.g the conveyance of Lot 1 of Rose- dale Addition in the City of Du- buque, County of. Dubuque, State of Iowa, to U-e Independent School District, presented and read: Councilman Kolb .moved that the proof of publication be re- ceived and Fated. Seconded by Councilman Schneller. ,Curled by the following vote: Yeas-Mayor Pm Tem Wean, Councilmen Austin, Kolb, Schael- ler. Nays-None. Abaept-Mayor Rnaso. RESOLUTION N0. 41f-a1 . Resolution Authoriting the Coa• veyance of Lot 1 of Rosedale Ad• dition is the. City of Dnbngne, County of Dubuque, State of Iesa. Whereas, the' Independent School District of Dnbaque, Iowa, a mnni• cipal corporation o[ Dubuque County, Iowa, has a,~, •:1 to traoa- ter Lot i of Part of .Lot 1 of Lot 1 of Mineral Lot 179; Lot 2 of Lot 2 of part of Lot 1 of .Lot 1 of Mineral Lot 179, sad Lot 2 of Part of Lot 5 of Mineral Lot 179A; aB lying north of Rosedale Avenae, to the City of Dubuque in consider- ation of the City of Dabalue deed- ing to the In~:~ w..dent School. Di~- trict Lot i of ;Rosedale Addition; and Whereas, the City Council 6aa accepted the pr.r:..i, of the 1A- dependent School Distinct tot ~,:,.a ~~.,r~sea and Lot 1 of Rona dale Addition is not suitable for aqy public purpose; Now, Therefore, Be It Resolved: That the Mayor is hereby suth• orized to execute a Quit fRaim Deed in the name of the Ciq of Dubuque conveying an its right, title and interest in: Lot i of Rosedale AddltJat t4 the Independent School D1etrICt of Dubuque County, Iowa; That the City Clerk is b.:.; ;: authorized and empowered to affhr the Seal of the City of Dubuque to said deed; That 'the City Clerk fs 6enby Regular Session, February 4, 1952 43 authorised to deliver said deed to the aaid Independent School Dis• tract after prnper hearing on the disposal. Introduced, approved and placed on Ble December 12th, 1951. Passed, adopted and approved i this 4th dap of February; A.D. 1952. CLARENCE P. WELU, Mayor Prn Tem. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, 1~ City Clerk. t Councilman Kolb moved the ~ adoption of the resolution. Sec• ,. ended by Councilman Schueller. t`._ Carried by the following vote: Yeas-Mayor Pro Tem Welu, ~: Councilmen Austin, Rolb, Schuel- ler. Naya-None. t Absep~Mayor Russo. Proof of publication, certified to b9 the publishers, of notice of public bearing on Ordinance No. ~ 1-~2, an Ordinance ,,:,:ding for i ' the vacation of Lime Street from '„ the north line of Kimball Street northerly to the Milwaukee Rail- road right-ot•way and authorizing the ..,, ~ ~:~ once thereof, presented sad read. ~ Councilman Kolb moved that ' E ~ = the proof of publication be n- ~~ ~ calved and Filed. Seconded by ~~ Councllman Schueller. Carved by _, the fallowing vote: ~; Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- i ler. -- ' Nays-None. Abaen~Mayor Russo. Councilman Austin moved that F the rules be suspended for the :~ purpose of allowing any one pres. ant in the Council Chamber, who wishes to do so, to address the 4 ;,; Council. Seconded by Councilman Kolb. Carried by the following ~ YOtl: Yeas-Mayor Pm Tem Welu, Councilmen Austin, Kolb, Schuel• `r icr. Nays-None. Absent-Mayor Russo. ~ ~: Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: Comes now the Perfection Oil Company, an Iowa ec.~.-.anon, with its principal place of business in the City of Dubuque, Iowa, and hereby objects to the adoption of a proposed Ordinance for the va- cation of Lime Street from the north property line of Kimball Street northerly to the Milwaukee Railroad Right-0fway and the conveyance of that portion of Lime Street ~>~k.sed to be vacated to the Dubuque Stone Products Com• pony, for the following reasons: The Perfection Company is the oW~ner of Lot 1 of 3 of the Sub- division of Lots Nos. 6 to 15 in- clusive, 28 to 30 inclusive, and 36 and 37 in McCraney's Eagle Point, or town of Eagle Point in the City of Dubuque, Iowa, which property lies east of the Milwaukee Rail- road and abuts the easterly line of Lime Street; That this objector is also the owner of four full lots and two half lots, all contiguous and aep• orated from its first described property by Kimball Street; That your objector is engaged is the handling of petroleum products and has its bulk plant located on Lot l of Lot 3 above described; that its bulk plant consists of eight 15,000 gallon storage tanks and four 4,000 gallon storage tanks, with kerosene, gasoline and fuel oil stored therein; That the land on which your ob• jector's said bulk storage plant is located and the area to the south and east is inaccessible during times of extremelq high water and when such conditions exist your objector is required to use that portion of Lime Street ~,;.~.~~:~ed to be vacated which is situated above high water mark for the purpose of loading and unloading petroleum products. into and from said storage plant; When your objector's aaid prnp• arty is so affected by high water it has no means of free access thereto except over said Lints Street and if Lime Street v va• Gated as propped in said Ordin• sacs the ,..~Yerty of your objector will be materially decreased in 44 Regular Session, Febenary 4, 1952 value and the Citq will be re• quired to respond 1a damages; Wherefore your objector preys that said Ordinance be not adopted. Perfection Oil Company, Objector. By John P. Mattel Its President. Attorney Frank D. Giiloon, re• presenting the Ferfection OIl Com• pany, addressed the Council !a support of the written objections presented by tlu Perfection Oft Company objecting to the adoption of a proposed ordinance for tbo vacation of Lime Street and the conveying of same tb the Dubuque Stone Products Company. Councilman Kolb moved that the petition of Perfection Oil Com• pany submitting written objections to the adoption of a proposed ordinance vacating Lime Street and conveying the same to Du• buque Stone Products be referred to the. Planning and Zoning Com• mission and in the meantime the City Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro . Tam Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Proofs of publication, certified to by the publishers, of notice of levy of ,special asaeasment end inten• lion of the City Council to issue bonds for the improvement of Napier Street with curb and gutter from the east property line of Foye Street to a point 300 feet weal, presented and read. Councilman Kolb moved that the proofs of publication be received and filed. .Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENT'S RRSOLUTION N0. 26-,52 Resolved by the City Council of the City of Dubuque, Iowa; That to pay for the improving of Napier Street with curb and gutter from the east property line of Foye Street to a point 300 feet west, Thos. Flynn Coal Co., contractor, in front ~ and adjOfning tM ease, a apeeltl tax be and b hereby levied od the several lob, sad parts of lots, and parcels o4 n11 estate hereinafter named, aitwted and owned, and 1Or the a: ~ :,,~~.1 amounts set opposite each lot or parcel of real cattle, as fopowa; flit. Jestice, Lot 131 Me• chanic's Add ....................... 209.lI3 Elie. Jeatice, Lot. 132 Me- chantc's Add .....................209.83 John F. A 'Marie Gtrvey, Lot 199 Mechank't Add.200.&t Jim J. !John J. Fransen & Wilber trace, Lot 13! Mechanic's Add ................. 901.83 Marietta dc'1ltomaa Bannon, Lot 1 Sub 335 ~ 196 IW- chanic's Add .......................190.48 Laura Rapp, Lot 9 N 45 tinb 135 6130 Mechanich Add. 55.95 Ludwig A Mary Fromrxeit, Lot 2 S 'A Sub 195 &136 Mechanic's Add ......... 39.i9 Rachael Stiermann, Lot 137 Mechanic's Add .................157.21 City of Dubuque, Lot 198 Mechanic's Add .................180.05 City of Dubuque, Lot 131 ]Secbank'e Add .................172.9i Metter Realty 1e Inv. Ca., Lot 140 Mechanlc'e Add..,.. 227.18 Cordoba Fels, Lot 141 Mt chanic's Add ..............:........ ll99.7i Laverne J. ~ Donau Mae Paters, Lot 149 W. 25' b1C chanic's Add ....................... ]21.11 Glen J, 4i SteUe Bankatai, Lot 142 E. 95' Yeohanlc's Add, . ..... .104.11 Lavertw~.J...k..D~na >It~e Feters, Lot 1481[ecbanis'1 Add. . 2W.53 John ~ Elie. Sutter, Lot 158 Mechanic's Add ................. 1.7i John di Eliz. Sutter, Lot 153 Mechanic's Add ................. ?.Ol Raymond J. & Caro! Caas, Lot 154 Idechanic'a Add, :.,. 5.73 Raymond J. k Carol Cass, Lot :155 W. 41' S" 1[echaa- ic's Add. .. 1.96 IIerbert ~ Viola Id.~~5. ~Men- gu, Lot 358 ][echudc't Add. 6.71 Robert .d~.~borothy ..Stumpf, Lot 157 Mechanic's Add..... 19.50 City of Dubuque, Unnamed strip 6' wide between Lob 139 & 140 Mechanic's Add. 24.92 Marg'L C. & Vernon Pauly, Lot 158 Mechank't Add..... 21.76 ~~ t ( Ilk'i , Q~ Fd, Regular Session, February 4, 1952 45 Marg't. C. & Vernon Pauly, Lot 159 Mechanic's Add..... 34.94 $2791.45 636 Lin. Ft. Combination Curb & Gutter @$2.50 ,...$1587.50 31 Lin. Ft. Radius Curb d~ Gutter @$2.50 .................... 77.50 12.3 Sq. Yds. Driveway Con- crete C $6.00 ...................... 73.80 45.247 Lin. Ft. of 12" Reinf. Concrete Pipe @ $10.00.... 452.47 2 Standard Reinf. Concrete C. B. @$250.00 .................. 500.00 $2ssl.z7 39E Extra Expense ................ 80.74 S96 Int. for 52 days .............. 19.46 $2791.45 All of which is assessed in pro- portion to the special benefits con• fared. City's Share 15.753 Lin. Ft. 12" Reinf. Concrete Pipe @ $10.00......$157.53 123.0 Cu. Yds. Dirt Excava• lion (~ $1.00 ........................ 123.00 304.0 Cu, Yds, Solid Rock Excavation @$6.00 ......,...1824.00 Concrete Stairway (Extra) lump ...................................... 83.30 9.0 Sq. Yds. Concrete Side- walk @ $0.50 ........................ 4.50 17.7 Cu. Yds. Sand Rock Fill ~ $3.00 ................................ 53.10 $2245.43 Passed, adopted and approved this 4th day of February, 1952. CLARENCE P. WELD, Mayor Pro Tem. 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 Welu. Car- ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent.-Mayor Russo. Proofs of publication, certified to bq 1he publishers, of notice of the iattasntlon of the City Council to issue improvement bonds to pro• ride for the payment of the as- sessed cost of improving Napier Sheet with curb and gutter from the east property line of Foye Street to a point 30D feet west, presented and read. Councilman Schueller moved that the proofs of publication be re• served and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tam Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. RESOLUTION N0. 21-,52 Resolution providing for the is• seance of Improvement bonds for the purpose of providing for the payment of the assessed cost of curb & gutter on Napier Street. Whereas the contract heretofore entered into by the City of Du• buque, Iowa, for the curb & gutter hereinafter described has been completed and the City Manager has certified the completion thereof to the City Council and the Clty Council has ascertained the cost thereof and has determined that $2,791.45 Dollars of the cost thereof shall be assessed against the prop- ertq subject to assessment there- for; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of provid- ing for the payment of the assessed cost of said improvement and a public hearing has been held, pur• suant to such notice and all ob- jections made thereto have been considered and determined; Now Therefore Be It Resolved by the City Council of the City of Dubuque: i. That to provide for the pay- ment of the asessed cost of im- proving Napier Street with curb &. gutter from the east property line of Foye Street to a point 300 feet west there shall be issued improvement bonds in the amount of $2,?91.45 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called Improvements bonds; and shall bear the date of March 5, 1952; and shall be numbered consecu- tively; and they shall be numbered, divided into series, and be io such 46 Regular Session, February 4, 1952 denominations and for such ma- turity dates as are shown in the following table: 1. 4997-$200,00, April 1, 1953 2. 4998-$200.00, April 1, 1954 3. 4999200.00, April 1, 1955 4. 5000-$200.00, April 1, 1956 5, 5001-$200.00, April 1, 1957 6. 5002--$200.00, April 1, 1958 7. 5W3~200.00, April 1, 1959 8. 5004 and 5005 - $200.00 each, April 1, 1960 9. 5006 and 5007 -$200,00 each April 1, 1961 10. 5006 and 5009 - $200.00 each April 1, 1962 10. 5010-$191.45, April 1, 1962 3. Said bonds shall bear interest at the rate of 5 per cent per an• num, payable semi-annually in ac- cordance with coupons thereto at- tached; 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No . ................................................ ..,. Series No ..................:...................... CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of ,..,........ ......., or at any time before that date, at the option of the City of Dubuque, the sum of Two Hundred dollars with interest thereon at the rate of 5 per cent per annum, pay able semiannually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 4th day of February, 1952, being Resolution No...... . This Bond fs one of a series of 14 bonds, 13 for $200.00 numbered from 4997 to 5009 inclusive, and one for $191.45 numbered 5010, all of like tenor and date, and issued for the purpose of improving Napier Street with curb & gutter as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop• erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1033 created by the collection of said special tax, and said fund can be used for no other purpose. ii is hereby certified and recited that all the acts, conditions and things required to be done, pre- cedent to and in issuing this series of bonds, have been done, hap• pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Testimony Whereof the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 5th day of March, 1952_ Mayor City Clerk (SEAL) (Form of Coupon) On the ..........,. day of ................... the City of Dubuque, Iowa, prom• ises to pay to bearer, as provided in said bond, the sum of ................ Dollars, in the office of the City Treasurer in the City of Dubuque, being ,.....,. months' interest due that date on its ................ Bond No. .................... dated .......................,. Mayor City Clerk. 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be pre- pared and when so prepared to execute said bonds and that the City Clerk be and he is hereby in- structed to register said bond in a book kept for that purpose and to then deliver them to the City Treasurer. ~ r, ~~ Regular Session, February 4, 1952 47 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assesment Fund No. 1033 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and re- tired in the same order as num- bered. Adopted this 4th day of Febru- ary 1952. CLARENCE P. WELD, Mayor Pro Tem. 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• owded by Councilman Austin Car ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent-Mayor Russo. State of Iowa l SS. Dubuque County J I, Harry Hutt, do hereby certify that on the 16th day of January, 1952, I posted copies of the Not- ice of levy of special assessment and intention of the City Council to issue bonds along the line of improvement of Napier Street with curb and gutter from the east property line of Foye Street to a point 300 feet west. Signed: Harry Hutt. Subscribed and sworn to before me, a Notary Public, this 16th day of January, 1952. John J, Shea Notary Public in and for Dubuque County, Iowa (SEAL) Councilman Kolb moved that the statement be received and made a matter of record, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. 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 improvement of Buena Vita 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 Kolb moved that the proofs of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. CITY OF DUBUQUE, IOWA SCHFDULE OF ASSESSMENTS RESOLUTION N0. 28-52 Resolved by,the City Council of the City of Dubuque, Iowa: That to pay for the improving 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, Thos. Flynn Coal Co., con- tractor, in front of an adjoining the same, a special tax be and is here- by levied on the several lots, and parts of lots, and parcel of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows Marv M. Frommelt Est., Lot 56 Burden & Lowther Add ....................................... 132.61 Mary M. Frommelt Est., Lot 5i Burden & Lowther Add ....................................... 132.61 Mary M. Frommelt Est., Lot 58, Burden & Lowther Add ....................................... 132.61 Mary M. Frommelt Est., Lot 59 Burden & Lowther 'Add . ...................................... 132.61 Joe & Mary Frommelt, Lot 60 Burden & Lowther Add...132.61 Emery Lloyd, Lot 61 Burden & Lowther Add . ................ 132.61 48 Regular Session, February 4, 1952 RaY 4C Aoroi>LV Welu, Lot 62 Burden & Lowther Add. 182,61 Ray & Dorothy Welu, Lot 83 Burden & Lowther Add. 132.61 Ray & Dorothy Welu, Lot 2 of 84 Burden & Lowther Add ....................................... 72.04 Arthur Trausch, Lot 1 of 84 Burden ds Lowther Add..... 98.55 Leon Robert do 13ar Thies, Lot 65 Burden & Lowther Add ....................................... 132.61 Frank & Marjory Quade, Lot d6, $urden ds Lawtber Add ....................................... 132.81 Joe & Louise OsterhoN, Lot 67 lsurden & Lowther Add. 132.61 Joe dr Louise Osterhoff, Lot 68 Burden di Lowther Add. 192.81 Jce 8r Louise Osterhoff, Lot 69 Barden & Lowther Add. 132.62 Earl .H. ~ Lois Wirzhach, Lot 70 Burden & Lowther Add ....................................... 151.62 Earl H. 8~ Lois Wirzbaeh, Lot 71 garden & Lowther Add .................................. 132,82 Joe be $ilUe Mouser, Lot 148 $urden & Lowther Add . ...................:................ 132.62 Paul & Virginia Kriffer, Lot 149 Burden & Lowther Add . .................................... 151.82 Paul ~ Virginia Kriffer, Lot 158 Ski Burden & Low- ther Add ............................... 66.38 Loral 8e Virginia Grace, Lot 150 N!4 Burden de Low- ther Add ............................... 68.32 Loral Bo Virginia Grace, Lot 151 Burden de Lowther Add ....................................... 151.62 $2747.25 1003.7 Lin. Ft. Comhination Curb 3r Gutter Q $2.25....$2258.33 118,4 Lin. Ft Radius Curb & Gutter Q $2.25 ....,..,.... 255.15 15.0 Sq. Yds, Driveway Concrete C' $6,04 .............. 90.00 $2803.48 4.80 Extra Expense .......... 124.97 5.0% Int, for 52 days .... 18.80 $2747.25 All of which is assessed in pro• portion to the special benefits con- ferred. 310 Cu. Yds. Dirt Excava- tion ~ $0.50 ......................$155.00 1;40 Sa, Ft, COACrete Side• walk Q $0.50 .,....,.. .. 70.00 36 inch Cottonwood..,ZY~ee Removal Q $50.00 ............ 50.00 Replace water stop box @ $825 .............................. 8.95 ;Zea.ffi Passed, adopted and approved this 4th day of February, 1952. CLARENCE F. W18LU, Mayor Fro Tem RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHU>SLL10R, Couneilmu-. Attest: J. J. Shea, City Clerk. Councilman Kolb moved the ad• option of the resolution. Seconded by Councilman Austin. Carried by the foilowiug vote: Yeas-~ayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent-Mayor Russo. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement botubs to pro- vide for the payment of the ~~e~s~ sad Cost of imr... ~'ng Buena Vista Street with Curb -and Rutter from the north property line of alley south of Strauss Street to the south property line of Lowther Street, presented and read. Councilman Kolb moved that the proofs of pub• lication be received and ailed. Sao- onded by Councilman Austin. Car• ried by the following vote: Yeas-)Ifayor Pro Tem Welu, Couneilmen Austin, Kolh, 8chuel- ler. Nays--None. Absent-liayor Russo. RESt?LUTION N0. 29•-52 Resolution providing for t8e is• seance of improvement bonds far the purpose of providing for fife payment of the assessed Csgt of curb dz gutter on Buena Vista Street . Whereas the contract hRratafore entered into by the City of Dubu- que, Iowa, for the cut $~ gutt~sr hereinafter desC[ibed bas been completed and the City ]danager has certified the Completion there- of to the City Council and the City CoutlCil has asoartained the cost thereof and hoc datara>Iiiwd that $2,797.25 Ilollara of th4 colt Regular Session, February 4, 1952 49 thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in• tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered apd determined; Now therefore be it resolved by the City Council of the City of Dubuque: 1. That tC provide for the pay- ment of the assessed cost of im- proving Buena Vista Street with Curb and gutter from the north property line of Alley south of Strauss Street to the south prop- erty line of Lowther Street there shall be issued improvement bonds In the amount of $2,747.25 Dollars is antiapation of the deferred pay- ~^ went of assessments levied for such improvement. 2. Such bonds shall be called .improvement bonds; and shall bear the date of March 5, 1952; and shall be numbered connsecutively; and they shall be numbered, div- ided into series, and be in such ?s denominations and for such mat- unity dates as are shown in the following table: ' 1. 4983-$200.00 April 1, 1953 2. 4984-$200.00 April 1, 1954 3. 4985-$200.00 April 1, 1955 4. 4988-$200.00 April 1, 1856 $. 4987-$200.00 April 1, 1957 8. 4986-$200.00 April 1, 1958 7. 4989-$200.00 April 1, 1959 $, 4990 and 4991- $200.00 each April 1, 1960 9. 4A82 and 4993 - $200,00 each April 1,1961 _ 10.4994 sad 4995 - $200,00 each ' I April 1, 1962 II 10.4996--$147.25 April 1, 1962 3. Said bonds shall bear interest at the rate of 5 per cent annum, payable semi-annually in accord~ ante with coupons thereto at- ~ tacked; i 4. Said bonds shall not make the City of Dubuque liable in arkp way, except for the application of said special assessment funds. 5. Said bonds shall Provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub• stantially the following form: No ....................................................... Series No ........................................... CITY OF DUBUQUE Improvement Band The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of ............:.... or at any time before that date, at the option of the City of Dubu- que, the sum of Two Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached, Both principals and in- terest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is .issued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Resolution of said City duly pas- sed on the 4th day of February, 1952, being Resolution No ................ This Bond is one of a series of 14 bonds, 13 for $200.00 numbered from 4983 to 4995, and one for $147.25 numbered 4996, all of like tenor and date, and issued for the purpose of improving Buena Vista Street with curb and gutter as de- scribed in said Resolution, in sand City, which is payable by the abut- ting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Spec- ial Assessment Fund No. 1032 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, pre- cedent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. In testimony whereof the City of 50 Regular Session, February 4, 1952 Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto afflaed, this 5th day of March ,1952. Mayor .......................................................... CIty Clerk (SEAL) (FORM OF COUPON) On the............ day of ....................... the City of Dubuque, Iowa, prom- ises to pay to bearer, as provided in said bond, the sum of ........................ Dollars, in the office of the City Treasurer in the City of Dubuque, being ................months' interest due on it's .. .... Bond No. .. . dated .................................................... Mayor City Clerk B. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bond in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a ~peaal fund to be known as Special Assessment Fund No. 1032 and paid out by him to pay the cost of said contract. 8. That the interest coupons at• tached to the bonds be signed with the facimile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as num- bered. Adopted this 4th day of Feb- ruary, 1952. CLARENCE P. WELU, Mayor Pro Tem. 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 Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent-Mayor Russo. State of Iowa 2 SS. Dubuque County J I, Harry Hutt, do hereby certify that on the 16th day of January, 1952, I posted copies of the Notice of levy of special assessment and intention of the City Council to issue bonds along the line of im- provement of Buena Vista Street with curb and gutter from the north property fine of alley south of Strauss Street to the south prop- erty line of Lowther Street. Signed: Harry Hutt Subscribed and sworn to before me, a Notary Public, this 18th day of January, 1952. John J. Shea. Notary Public in and for Dubuque County, Iowa. (SEAL) Councilman Kolb moved that the statement be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent-Mayor Russo. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and intention of the City Council to issue bonds for the constructon of an eight (8) inch vitrified file sanitary sewer in Levi Street beginning at the and running west along the center- line of Levi Street, intersection with Lorimer Street to Sullivan Street: thence south along the centerline of Sullivian Street to the 'existing manhole located at the in• tersection of Sullivian Street and English Lane, presented and read. Councilman Kolb moved that the :proofs of publication be received and filed. Seconded by Councilman `Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent-Mayor Russo. Regular Session, February 4, 1952 51 CI1T OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION N0. 30-52 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the construction of an eight (8) inch vitrified file 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, Thos. Flynn Coal Co., contractor, in front of and adjoiang the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set op• posite each lot or parcel of real estate, as follows: Francis C. & Mary F. Gru- ber, Lot 11 Rose Hill Add. Assessment ........................ 75.00 Francis C. & Mary F. Gru- ber, Lot 12 Rose Hill Add. ;° Assessment .......................... 62.50 ~ Francis C. & Mary F. Gru- y ber, Lat 13 Rose Hill Add. c i Assessment .......................... 43.75 (~ ~ Francis C. & Mary F. Gru- ~ i ber, I,ot 14 Rose Hill Add. '. Assessment .......................... 43.75 " ~ ,„~` Francis C. & Mary F. Gru- _ ~; ber, Lot 15 Rose Hill Add. Ix Assessment .......................... 25.00 Francis C. & Mary F. Gru- ber, l:ot 18 Rose Hill Add. Assessment .......................... 25.00 Francis C. & Mary F. Gru- ber, Lot 17 Rose Hill Add. Assessment .......................... 18.75 Francis C. & Mary F. Gru- ber, Lot 18 Rose Hill Add. " Assessment .......................... 12.50 a Francis C. & Mary F. Gru- ~, ber, Lot 19 Rose Hill Add. ~. ; Assessment .......................... 12,50 , , Robert C. Dewey, Lot 18 ~ South Avenue Add. t Assessment .......................... 50.00 ~ =4 Robert C. Dewey, Lot 17 , r South Avenue Add. Assessment .......................... 248.85 ~ Robert C. Dewey, Lot 18 South Avenue Add. ~. Assessment .......................... 75.00 Russel D. & Madeline Smith, Lot ]9 South Avenue Add. Assessment .......................... 75.00 Russel D. & Madeline Smith, Lot 20 South Avenue Add. Assessment . .......................... 246.85 Russel D. & Madeline Smith, Lot 21 South Avenue Add. Assessment .......................... 125.00 William Sauer, Lot 22 South Avenue Add ....................... Assessment ........................ 100.00 William Sauer, Lot 23 South Avenue Add . .................... Assessment .......................... 175.00 Herman C. & Gert. Brock- man, Lot 24 W. 45' South Avenue Add ....................... Assessment ........................ 82.21 Henry & Viola Haas, Lot 24 E. GO' of W. 120' South Avenue Add ....................... Assessment .......................... 124.42 Leo & Maxine Heitz, Lot 24 W, 50' of E. 120' South Avenge Add ....................... Assessment .......................... 82.22 Eldon & Florence Sauer, Lot 37 W. ~ South Avenue Add . .................................... Assessment .......................... 248,85 Geo. & Eva Sauer, Lot 32 E. '~ South Avenue Add., Assessment .......................... 248,85 Helen M. Bennett, Lot 33 South Avenue Add........, Assessment .......................... 248.85 Herman C. & Gert. Brock- man, Lot 11 Brockman's Sub . .................................... Assessment .......................... 75.00 $2,488.85 298.94 Lin. Ft, 8" Vitrified Tile Sewer Pipe @$4.50 Lin. Ft ............................$1,345.24 16 Each 8" x 6" Vitrified Tile "Y" Branches @ $8.00 Each ...................................... 98.00 1 Each Special change in Existing manhole @ $72.88 72.86 4 Each Pre-cast conc. man- holes @ $150.00 ..................600.00 1 Each Pre-Cast conc. Dmp manhole @ $250.00 .,.....,....250.00 2,364.10 Extra Expense @ 4.47%....105.68 5% Interest for 52 days,.....,. 17.07 2,486.65 52 Regular Session, February 4, 1952 All of which is assessed in pro- portion to the special benefits con- ferred. City Share 592.06 Lin. Ft. 8" Vitrified Tile Sewer Pipe ~a $4.50 per lin, ft .........................$2,664.26 Passed, adopted and approved this 4th day of February, 1952. CLARENCE P. WELU, Mayor Pro Tem. 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 Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue sewer bonds to provide for payment of the assessed cost of construction of an eight (8) inch vitrified file sanitary sewer in Le• vi Street beginning at the inter- section 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 emsting manhole located at the intersection of Sullivan Street and English Lane, presented and read. Council- man Kolb moved that the proofs of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. RESOLUTION N0. 31-52 Resolution Providing for the is- suance of Sewer bonds for the pur- pose of providing for the payment of the assessed cost of sanitary sewer in Sullivan and Levi Streets. Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the sanitary sewer hereinafter described has been completed and the City Manager has certified the completion there• of to the Citq Council and the City Council has ascertained the coat thereof and has determined that $2,486.85 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a pub- lic hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; Now therefore be it resolved by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost bf con- structing aneight (8) inch vitrified file sanitary sewer in Levi Street beginning at the intersection with Lorimer Street and running treat along the centerline of Levi Street to Sullivan Street; thence south along the centerline of Sullivan Street to the existing manhole lo• Gated at the intersection of Sullivan Street and English Lane. there shall be issued sewer bonds in the amount of $2,486.$5 Dollars in an- ticipation of the deferred payment of assessments levied for such ftn- provement. 2. Such bonds shall be called Sewer bonds; .and shall bear the date of March 5, 1855; and shall be numbered consecutivelq; and they shall be numbered, divided im to series, and be such denomina- tions and for such maturity dates as are shown in the folowing table: 1. 5011-$200.00, April 1, 1953 2. 50]2--$200.00, April 1, 1954 3, 5013-$200.00, April 1, 1955 4, 5014--~'L00,00, April 1, 1956 5. 5015--$200.00, April 1, 1957 6. 5016-$200.00, April 1; 1958 7. 5017-X200.00, April i, 1958 8. 5018-X200.00, April 1, 196p 9. 5019 and 5020 - $200.00 each, April 1, 1961 10. 5021 and 5022 -$'100.00 each, April 1, 1962 10. 5023-$86.85 April 1, 1962 3. Said bonds shall bear interest at the rate of 5 per cent per an• num, payable semi-annually is ac- cordance with coupons thereto at- tacked; ,u 1 ., ~ „. 1 ~'I K Regular Session, February 4, 1952 53 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated herein at the option of the Citq of Dubuque and shall be in substat- ially the following form; No ............................... Series No ........................ CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the .bearer hereof, on the first day of ........ or at any time before that date, at the option of the City of Dubuque, the sum of Two Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest cou- pons hereto attached. Both prin- cipal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Resolution of said City duly passed on the 4th day of February, 1952, being Reso- lution No...... . This Bond is one of a series of 13 bonds, 12 for $200.00 numbered from 50ll to 5022 inclusive, and one for $86.85 numbered 5023, all of like tenor and date, and issued for the purpose of constructing an eight (8) inch vitrified file sanitary sewer in Sullivan and Levi Streets as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvement and is made by law a lien on all of said property, It is payable only out of the Special Assessment Fund No. 1034 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, pre- cedent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and dilegence of said City of Dubuque are hereby irrevocably pledged. In Testimony Whereof the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 5th day of March, 1952. (SEAL) ................................ Mayor City Clerk (form of Coupon) On the day of .... , the City of Dubuque, Iowa, prom- ises to pay to bearer, as provided in said bond, the sum of ......... Dollars, in the office of the City Treasurer in the City of Dubuque, being months' interest due that date on its ........... Bond No...... dated .......... . Mayor ................................ City Clerk 6, That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby in- structed to register said bonds in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1034 and paid out by him to pay the Cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as num- bered. 54 Regular Session, February 4, 1952 Adopted tlris 4th day of February, 1952. CLARENGE P. WELU Mayor Pro Tem RAY F. KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec• onded by Councilman Austin. Car- ried by the followng vote: Yeas-Mayor Pro Tem Welu. Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. State of Iowa County of Dubuque ss. I, Harry Hutt, do hereby certi- fy that on the 16th day of January, 1952, I posted copies of the notice of levy of special assessment and intention of the City Council to issue bonds along the line of im- provement for the construction of an eight (8) inch vitrified the sanitary sewer in Levi Street be- gining at the intersection 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 lo- Gated at the intersection of Sul- livan Street and English Lane. Signed: Harry Hutt Subscribed and sworn to before me, a Notary Public, this 16th day of January, 1952 John J. Shea Notary Public in and for Dubuque County, Iowa (SEAL) Councilman Kolb moved that the statement be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler Nays-None. Absent-Mayor Russo. Attorney Francis H. Becker, representing the Brookside, Trea- nor, Oakland, Hi-Acre and Meadow Gold dairies who oppose the pra posed ordinance No. 7.41, prohib- iting the sale of Grade A Pasteur- ized Milk later than midnight of the third day after the day on which the milk was pasteurized, and stating that these dairies are willing to cooperate and they are interested in providing fresh milk as anyone in Dubuque but they don't want to be saddled with the unnecessary cost which would mean higher bottle cap inventor- ies, alarger investment in dating dies, larger milk inventories and more milk wastage. Ilfilk Sanitar- ian Arthur Roth addressed the Council stating that dating would not increase the cost of milk and that at present two dairies are now dating their milk and that their prices are in line with undated milk, also stating that the pra posed ordinance is not aimed at dairies which deliver milk from house to house as it is aimed at the larger dairies which oversup• ply the retail markets and sug- gested that the Council defer ac- tion until all interested groups could meet to discuss the problem. Councilman Kolb moved that action be deferred on the proposed ordinance amending Ordinance No. 7--41, prohibiting the sale of Grade A, Pasteurized milk later than midnight of the third day after the day on which the milk was pasteurized, until a report is received by the City Council of the findings of the joint meeting be• tween the Milk Sanitarian, the Dairies and other interested per- sons. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None Absent-Mayor Russo. Mr. George Flanders, represent- ing the patroitic societies of the City of Dubuque, addressed the Council requesting that the City Council consider the setting up of an appropriation to finance the ex• penses incurred for the observance of Memorial Day. Councilman Aus- tin moved that the matter of the feasibility of the City of Dubuque assuming the financial obligation in connection with Memorial Day observance be referred to the City Manager and City Solicitor for to submit a report back to the City Council. Seconded by Councilman Kolb. Carried by the following vote: Regular Session, February 4, 1952 55 Yeas-Mayor Pro Tem Welu, Claim be referred to the City So• Councilmen Austin, Kolb, Schuel- licitor for investigation and report. ler. Seconded by Mayor Pro Tem Nays-None. Welu, Carried by the following Absent-Mayor Russo. vote: Notice of Claim of Marie Lucas yeas-Mayor Pro Tem Welu, in an unstated amount for injuries ~ Councilmen Austin, Kolb, Schuel- received in a fall while crossing ~ ler. the street at 8th and Main Streets, Nays-None presented and read. Councilman Absent-Mayor Russo Kolb moved that the Notice of Notice of Claim of James T. Claim be referred to the City So- Arenz in the amount of $12.00 licitor for investigation and re- , for removal of asphalt which was port. Seconded by Councilman ' splashed onto the side of his car Schueller. Carried by the follow- by passing motorists while his ing vote: car was parked in front of his Yeas-Mayor Pro Tem Welu, home at 275 North Grandview Ave- Councilmen Austin, Kolb, Schuel- nue, presented and read. Council- ler, man Kolb moved that the Notice Nays-None. of Claim be referred to the City Absent-Mayor Russa. Solicitor for investigation and report. Seconded by Councilman Notice of Claim of Darrlle and Schueller. Carried by the following Marian Moore in the amount of : vote: $5,000.00 for personal injury yeas-Mayor Pro Tem Welu, caused from a water main break- Councilmen Austin Kolb Schuel• ing underneath Brunswick at or , , ler near 2862 Brunswick Street, pre- I . sented and read. Councilman Kolb j Nays-None moved that the Notice of Claim Absent-Mayor Russo. be referred to the City Solicitor Notice of Claim of Wesley W. for investigation and report. Sec- Heitzman in the amount of $74.34 onded by Councilman Schueller. ~ for the cost of extending his water- Carried by the following vote: line from the original water main Yeas-Mayor Pro Tem Welu, ; in Marion Street to the new water Councilmen Austin, Kolb, Schuel• - main, presented and read. Coup- ler. Gilman Kolb moved that the Notice Nays-None of Claim be referred to the City Absent-Mayor Russo Solicitor for investigation and re- Notice of Claim of Darrlle and ; Port. Seconded by Councilman ll i b h f ll Marian Morre in the amount of Schue er. Carr ed y t o ow- e $5,500.00 for property damage, mg vote: caused from a water main break- I yeas-Mayor Pro Tem Welu, ing underneath Brunswick Street ; Councilmen Austin, Kolb, Schuel- at or near 2862 Brunswick Street, ': ler. presented and read. Councilman Nays-None, Kolb moved that the Notice of Absent-Mayor Russo. Claim be referred to the City ~ Communication of Leo F. Neuses Solicitor for investigation and re- ' submitting complaint about cars port. Seconded by Councilman Parking in the alley behind his Schueller. Carried by the follow- ' house at 925 Garfield Avenue, as ing vote: ~ he is unable to get his car out of Yeas-Mayor Pro Tem Welu, ! the garage, presented and read. Councilmen Austin, Kolb, Schuel- '; Councilman Austin moved the ler. i communication be refered to the Nays-None City Manager for investigation and Absent-Mayor Russo report. Seconded by Councilman Notice of Claim of Mrs. Roscoe Schueller. Carried by the following Keppler In the amount of $2,500.00 '~ vote: for injuries received in a fall on Yeas-Mayor Pro Tem Welu, the north side of Sixth Street be- Councilmen Austin, Rolb, Schuel• tween Main and Locust Streets, ' ler. presented and read. Councilman j Nays-None. Kolb moved that the Notice of ! Absent-Mayor Russo. Yf 56 Regular Session, February 4, 1952 Communication of the Dubuque Business and Professional Wa men's Club stating that one of the immediate goals and long•range objectives of the Business and Pra fesaional Women's Club is the pro, motion of safety education and recommending that the City Coun• cil adopt the Model Traffic Ord• finances, presented and read, Coun- cilman Austin moved that the com- munication be referred to the City Manager to forward a copy, of the City Ordinances together with a letter commending the Dubuque Business and Professional Women's Club for the interest shown in this matter. Seconded by Councilman Kalb. Carried by the following vote: Xeas--,Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent-Mayor Russo. Communication of League of Women's Voters commending the Recreation Commission and the Re- creation Department for the en• tertainment and recreation spon• sored for the dtizen's of Dubuque, presented and read. Councilman Kolb moved that the communica- tion 6e received and filed. Seconded 6y Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent-Mayor Rosso. Communication of Mrs. R, L. Ra• foth thanking the City Manager and City Council for their efforts in securing bus service for the Park Bill District, presented and read. Councilman Austin moved that the communication be referred to the City Manager to forward a letter commending the officials of the Interstate Power Company and also to the proper city officials for their cooperation in making it pos- sible for furnishing bus service for the Park Hill District. Seconded by Councilman Schueller. Carried by the following vote: Xeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent-Mayor Russo. January 17, 1952 To the Honorable Mayor City Council and City Manager Dubuque City Hall Dubuque, Iowa Gentlemen: Attached please find fuel calcu- lations based on cost of materials as of January 1,1952, in compliance with provisions of Ordinance 50-51. These figures indicate that the base rates set forth in the Ord• finance should be decreased one cent per M. C. F. effective on all billings beginning February 1, 1952. Respectfully submitted, The Key City Gas Company Richard V, McKay Secretary-Manager Councilman Kolb moved that the Communication be received and made a matter of record and the report placed on file. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Communication of Peter H. McCarthy relative to the City of Dubuque acquiring a Quit Claim Deed from Dubuque County con- veying their interests in Washing, ton Park to the City of Dubuque> Iowa, presented and read. Council, man Austin moved that the Com- munication be received and filed. Seconded by Councilman Rolb. Carried by the following vote:. Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. February 4, 1952 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Re: Dubuque Plumbing & Heating Company Comprehensive Liability Policy Gentlemen: We have enclosed herewith for the Dubuquo Plumbing & Heating Company, Policy No. CL 821562, effective February i9, 1952, for a term of one year, issued through the Bituminous Casualty Corpora- tion. This policy affords coverage for Bodily Injury Liability, $50,000. ,, q ~~ ~1 Regular Session, February 4, 1952 57 each person, $100,000, each acd- dent, and $100,000, aggregate pro- ducts, in addition to Property Dam- age for $50,000 each accident, with the same limit for aggregate opera- tions, aggregate portective, aggre- gate products, and aggreate con- tractural. The policy has been endorsed to apply to the City of Dubuque as an additional assured with respect to only operations performed by the named insured in the streets and alleys of the City of Dubuque under permits from the City of Dubuque. This policy affords what reason- able coverage we believe should be afforded to the City of Dubuque, as well as our assured. If there are any futher questions in respect to this, we trust that you will kindly advise us immediately. We believe that you will find this in order and ask that you kindly place it on file for this account. Thank you, Yours truly Schwietering & Wallis J. Allen Wallis, Jr. Councilman Kolb moved that the communication be received and made a matter of record and that the Policy be referred to the City Solidtor for examination and re- port. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent Mayor Russo. Petition of the Traffic Committee and Executive Board of the Jack• son Elementary School Parent- Teacher Assodation and Miss Hilda Dietrich, Principal of the School, requesting the City Council to in• vestigate the traffic conditions ex- isting at and near the Jackson School and to provide an adequate flasher system to help the patrol boys and parents in getting the children across the street safely, presented and read. Councilman Kolb moved that the petition be referred to the City Manager, Chief of Police and Traffic Department for investigation and report. Seo- oaded by Coundhnan Schueller. Carried by the following vote Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler, Nays-None. Absent-Mayor Russo. Petition of the Dubuque County Society for Cripled Children and Adults requesting permission for the holding of a Tag Day on Friday evening March 28 and Saturday March 29,1952, presented and read. Councilman Kolb moved that the request be granted providing there are no conflicting dates, Seconded by Mayor Pro Tem Welu. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schue4 ler. Nays-None. Absent-Mayor Russo. Petition of the Hyde Clark Women's Relief Corp Auxiliary to the Grand Army of the Republic requesting permission for the holding of a Tag Day on Friday evening April 4 and Satur- day April 5, 1952, presented and read Coundlman Kolb moved that the request be granted providing there are no conflicting dates Seconded by Mayor Pro Tem Welu, Carried by the folowing vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Petition of the American Legion Auxiliary requesting permission to stage their Annual Poppy Drive on Friday evening May 23, and Satarday May 24, 1952, presented and read. Councilman Austin moved that the request be granted providing there are no conflicting dates, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent Mayor Russo. Petition of John P. Welter and others requesting the installation of a street Iight on Lindenberg Terrace, presented and read. Mayor Pro Tem Welu moved that the petition be referred to the City Manager and Electrical Inspector for recommendation and report. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tem Wela, ~f 58 Regular Session, February 4, 1952 Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Petition of the Independent School District of Dubuque re• questing the City Council to pro vide fire protection for the New Irving School, located on Pennsyl• vania Avenue, presented and read. Councilman Austin moved that the petition be referred to the City Manager, City Solicitor and Fire Chief for recommendation and re• port. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Petition of Alexandar F, and Roselina C. Smith requesting per- mission to construct a cement curb and gutter at their own expense on the east side of Romona Street from the southerly line of Lot 1 to the northerly line of Lot 16 in M, Walter's Addition, presented and read. Councilman Kolb moved that the petition be referred to the City Manager. Seconded by Coun• Gilman Schueller. Carried by the following vote: , Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None, Absent-Mayor Russo. Petition of John R. Schueller re- questing arefund in the amount of $25.00 on the unexpired portion of his Cigarette Permit No. 288, as he has discontinued business on February 4, 1952, presented and read. Councilman Rolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of John R. Schueller to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 286. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Petition of John R. Schueller re- questing arefund in the amount of $100,00 on the unexpired portion of his Class "B" Beer Permit No. 97 as he has discontinued business on February 4,1952, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of John R. Schueller to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 97. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent-Mayor Russo. Petition of M. L. Gaber & Com- pany requesting an extension of the contract time limit to include an additional 90 working days on the construction of the West 32nd Street Extension Reservoir, pre- sented and read. Councilman Kolb moved that the request be granted providing the consent of the Bond- ing Company is secured. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Petition of Mr. & Mrs. Carl Klaeska and others requesting that curb and gutters be constructed in front of their homes in the 500 block on West 16th Street, pre- sented and read. Mayor Pro Tem Welu moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Schueller. Carried by the. following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. October 25, 1951 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Dubuque Planning & Zon• ing Commission respectfully rec- ommends to your Honorable Body Regular Session, February 4, 1952 59 approval of attached plat of "^*n~b's Subdivision". Your very truly, Dubuque Planning & Zoning Commission, By R. V. McKay, Secretary. Councilman Austin moved that the recommendation of the Plan• nin# and Zoning Commission be ac• cepted. Seconded by Councilman Kolb. Caried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. January 24, 1952 City Council City of Dubuque City Hall Dubuque, Iowa Gentlemen: Enclosed please find a Deed of +~ Vacation of Plat, a plat of "Strub's Subdivision in Dubuque Township, Dubuque County, Iowa," and a sug- gestedresolution in relation to the two instruments. The Deed of Vacation of Plat vacated a plat known as "Strub's Subdivision" in Dubuque County, '~' .Iowa, and the plat entitled a plat of "Strub's Subdivision in Dubuque Township, Dubuque County, Iowa" is a replotting of the same prop. erty. µ' These instruments have been signed by all of the owners of the i property involved in the subdivis- ion and it is requested that approval of the vacation and approval of this new plat be given by the City Council. Yours very truly, Clarence Strub, By E. J. Kean F. H, Becker His Attorneys, Councilman Kolb moved that the petition be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. i ~ t; Absent-Mayor Russo. DEED OF VACATION OF PLAT Know all men by these presents: That the undersigned persons, I 1 being all of the owners of the lots of the subdivision known as "Strub's Subdivision", a subdivis- ion in Dubuque County, Iowa, ac- cording to the recorded plat there- of, for and in consideration of the mutual actions herein taken by said owners, hereby vacate the plat of "Strub's Subdivision", a subdivision in Dubuque County, Iowa, which is recorded in Plat Book 18 at Page 55, under date of September 27,1946, and rerecorded in Plat Book 19, Page 138, under date of June 25, 1951, and rere- corded in Plat Book 18, Page 140, under date of June 26, 1951, all in the office of the County Recorder in and for Dubuque County, Iowa. The undersigned owners of all the lots of said above described subdivision by this written instru- ment declare said plat to be vacated and annul the said plat and divest all public rights in the streets, alleys and public grounds described therein; all in accordance with Sec• tion 409.18 of the 1950 Code of Iowa. IN WITNESS WHEREOF, we have hereunto set our hands this 15 day of January, A, D., 1952. Arthur A. Hartmann. Jeanette C. Hartmann. Clarence A. Strub. Florence M. Strub. Thomas G. Eberhart. Alice Eberhart. Mettel Reality & Investment Co. by Charles P. Mettel, President and A. J. Mihm, Sec. Treas. State of Iowa 1 County of Dubuque J ~' On this 15 day of January, before me, a Notary Public in and for Dubuque County, Iowa, personally appeared Arthur A. Hartmann, Jeannette C. Hartmann, Clarence A. Strub, Florence M, Strub, Thomas G. Eberhart, Alice Eber• hart, to me known to be the iden- tical persons named in and who executed the foregoing instrument, and acknowledged that they exe• toted the same as their voluntary act and deed. F. H. Becker Notary Public in and for Dubuque County, Iowa. (SEAL) 60 Regular Session, February 4, 1952 State of Iowa County of Dubuque ss. On this 15th day of January, A. D., 1952, before me, F. A. Becker, a Notary Public of Iowa, in asid for Dubuque County ap• peered Charles P. Mettel, Presi• dent, and A. J. Idihm, Secretary, of Mettel Realty 6c investment Co., the Corporation which executed the foregoing Instrument, who be- ing by me duly sworn, each for himself, did say that they are respectfully the President and Sec- retary of said Corporation; that no seal has been procured by the said Corporation; and that said instrument was by them, as such officers, respectively, signed on behalf of the said Corporation by authority of its Board of Directors, and each of them, as such officers respectively, acknowledged the ex- ecution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. In Witness Whereof, I have here- unto signed my name and affixed my Notarial Seal the day and year last above written. F. H. Becker Notary Public in and for Dubuque County, Iowa (SEAL) Dubuque, Iowa February 12, 1952. The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, hereby certify that the fore- going Deed of Vacation of Plat has been filed with the City Clerk and that the City Council of the City of Dubuque, Iowa, by Resolution No. 32-52 approved the foregoing vacation of plat of "Strut's Sub- division", a subdivision in Dubu• que, County, Iowa, on the 4th day of February, 1952, and by direa lion of the said City Council, the undersigned endorse hereon said arr. ~ ~ ai of said Deed of Vacation of Plat. Romolo N. Russo Mayor of Citq of Dubuque, Iowa J. J. Shea Clerk of the City of Dubuque, Iowa RESOLUTION N0. 3'1-52 A Resolution Arr.,,,irrg Vacation of Plat of "Strut's Subdivision" In Dubuque County, Iowa, and Ap- proving the Plat of "5trub's Sub- division in Dubuque Township, Du- buque, County, Iowa." Whereas, there has been filed in the office of the Recorder of Dw toque County, Iowa, a plat of the subdivision known as "Strut's Sub- division," asubdivision in Dubuque County, Iowa; and Whereas, there has been filed in the Office of the Clerk of the City of Dubuque, an instrument en- titled Vacation of Plat, which said instrument is duly signed and acknowledged by all of.the owners of all of the lots and property within the subdivision known as "Strut's Subdivision," a subdi- vision in Dubuque County, Iowa, which said Vacation of Plat iden- tifies the plat as being recorded in Plat Book 18 at page 55, under date of September 27th, 1949, and re-recorded in Plat Book 19, page 138, under date of June 25th, 1951, and re-recorded in Plat Book 19, page 140, under date of June 28th, 1951, all in the Office of the County Recorder in and for Dubuque County; and Whereas, said Vacation of Plat vacates and annuls said plat, and divests all public rights in the streets, alleys, and public grounds described therein; and Whereas, there has been filed in the Office of the City Clerk of Du- buque, Iowa, a plat known as "Strut's Subdivision in Dubuque Township, Dubuque County, Iowa," which said plat has previously been submitted to and arr.. ~ ed by the Dubuque Planning k Zoninng Com• mission, and the approval of said plat by the City Council of the City of Dubuque is recommended by the Dubuque Planning & Zoning Com- mission; and Whereas, the said plat of "Strut's Subdivision in Dubuque Township, Dubuque County, Iowa" covers substantially the same streets and easements to public use as are covered and dedicated in the said "Strut's Subdivision" in Dubuque County, Iowa, and subdivides said r.., -::y in substantially the same way as the plat known as "Strut's Subdivision" in Dubuque County, Iowa; and Whereas, all of said property so platted is located in Dubuque Town- ship, Dubuque County, Iowa, out side of the city limit of the City ~, Regular Session, February 4, 1952 61 of Dubuque, Iowa, but within one mile thereof; and Whereas, Clarence Strut and others have petitioned the City Council for consent of said vaca- tion and a,.,,.,,~al of said plat. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That the Vacation of Plat heretofore filed with the City Clerk of Dubuque, Iowa, for the vacation of the subdivision known as "Strut's Subdivision" in Du- buque County, Iowa, be and the same is hereby approved and con- sented to, and the Mayor and the Clerk of the City of Dubuque, Iowa, are hereby authorised and directed to certify to said approval and con- sent. Section 2. That the plat known as "Strut's Subdivision in Dubuque Township, Dubuque County, Iowa," which has been filed with the City Clerk of Dubuque, Iowa, is hereby approved and the Mayor and the City Clerk of the City of Dubuque, Iowa, are hereby authorized and directed to certify that said plat has been approved by the City of Dubuque, Iowa, upon the payment of the costs of publication of this resolution by the petitioners. Section 3. That this resolution shall be in full force and effect from and after its final passage, adoption and publication, as pro- vided by law. Passed, adopted and approved this 4th day of February, 1952. CLARENCE P. WELU, Myor Pro Tem. RAY F. KOLB, RUBEN V. AUSTIN, LEO N.SCHUELLER, Councilmen. Attest: J. J. SR'EA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. ORDINANCE N0. 4-52 Ordinance directing the installa- tion of sanitary toilet facilities and sewer connection on certain de- scribed property; providing for the assessment of cost thereof and re- pealing all ordinances or parts of ordinances in conflict herewith, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays--None. Absent-Mayor Russo. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three sep• orate days. Seconded by Council- man Austin. Carried by the fol• lowing vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nay s-None. Absent-Mayor Russo. Councilman Kolb moved that the ordinance just read, being an ordinance authorizing a contract be now considered complete in form for fi.~al 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 its final adoption. Seconded by Councilman Austu:. Carried by the following vote: Yeas-Mayor Pro Tero Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Abrent-Mayor Russo. ORDINANCE N0. 5--52 An Ordinance prohibiting sleigh- riding on the public streets of the City of Dubuque, except in coast- ing areas; providing for the establishment of such areas; and providing a penalty for a violation hereof, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Coun• cihnan Schueller. CatTied by the following vote: 62 Regular Session, February 4, 1952 Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. ORDINANCE NO, 5.52 Aa Ordinance prohibiting slelgh- rlding on the public streets of the City of Dubuque, except in caaat- iog areas; provlding for the eatab- llahment of such areas; and providing a penalty for a violation hereof. Be It Enacted by the City Council of the City of Dubuque, as follows: Section 1. That the City Manager la hereby authorised and Instructed to designate portions of not mare than fifteen (15) sUeets within the City of Dubuque as "coasting areas" during the months of November, De- cember, January, February and March of each year, Such coasting areas shall be located on streets suitable for coasting where the same will not cause undue interference with vehicular traffic and when so desig- nated the same shall be marked with suitable signs, warnings and bar- ricades. Section 1. When a portion of any street has been designated a "coast- ing area" and signs have been erect- ed giving notice thereof, drivers of motor vehicles approaching the same shall come to a full atop before en- tering ouch area and shall proceed to traverse the same cautiously, hav- ing due regard for the safety of persona using such area [or coasting. Section 3. From and after the et- fectlve date of this Ordinance, it shall be unlawful for any person or persons to use any of the public streets of the City of Dubuque, for sleighing, slelghriding coasting, to- bogganing, bob-eleddtng or skiing, ex- cept In properly designated coasting arses. Section 1. Any person violating any of the terms of this Ordinance shall be guilty of a misdemeanor and upon arrest and conviction thereof, shall be punished by a tine of not more than one hundred dollars (;100) or in default thereof, by imprisonment for not more than thirty (30) days. Section 5. Thla Ordinance shall be in full farce and effect from and after Ito final passage, adoption and publication ae by law provided. Introduced the 4th day o[ February, 1952. Rule requiring reading on three separate days suspended by unani- mous vote the 9th day of February, 1952. Passed, adopted and approved this 4th day of February, 1952. CLARENCE P. WELU, Mayor Prc Tem. 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 8th day of February, 1952. J. J. SHEA, It Feb. 6 City Clerk Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Austin. Car- ried by the following vote; Yeas-Mayor Pro Tem Welu, Councilmen Austin, Rolb, Schueller. Nays-None. Absent-Mayor Russo. ORDINANCE N0. 6-52 An Ordinance Amending Ordin- ance No. 3319, known as the °`Traffic Code of the Citq of Du- buque" by providing for the estab• lishment of restricted parking spaces"; prohibiting parking with- in ten (10) feet of a crosswalk and restricting parking on certain designated streets within the City of Dubuque; and providing for the violation hereof, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. 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 Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None, Absent-Mayor Russo. ORDINANCE NO. 6.52 An Ordinance Amending Ordinance No. 33-49, known as the "Traffic Code of the City of llubuque," by provid- ing for the establishment of "restrict- ed parking spaces"; prohibiting park- ing within ten (10) feet of a cross- walk and restricting parking on cer- tain designated streets within the City of Dubuque; and provlding [or the violation hereof. Be [t Ordained by the Clty Council. of the C(ty of Dubuque: Section 1. That Ordinance No. 33-49, "The Traffic Code of the City o[ Dubuque," la hereby amended by add- ing anew section thereto to be known as Section 16.28 as follows: "Section 16.28. The City Manager of the City of Dubuque is hereby authorized to designate not more than one parking apace in each block with- in the area bounded on the south by Fourth Street and on the north by Loras Boulevard and on the east by White Street and on the west by Bluff Street, to be known as "re- atrleted parking spaces," which park- ing spaces shall be large enough to accommodate the parking of one mo- tor vehicle When ouch restricted parking spaces have been eo deetg- nated and suitable signs erected giw ing notice thereof, it shall be unlaw- ful to rk any vehicle in any such space lei r a longer period than ten (10) minutes at any one time. For the purpose of this Section the word "block" as used herein, shall be in- terpreted to mean that part of the street which lies between cross streets." Section 2. That Schedule 5 of Ordl- F ": Regular Session, February 4, 1952 63 nonce No. 33-49, "The Traffic Code of the City of Dubuque," is hereby amended by adding new Sections KK, [.h, MM, and NN, thereto as follows: F "KI{-Both sides of Davis Avenue From a point 630 feet east on Windsor Avenue easterly to the entrance of Iuft. Calvary Cemetery; LL-The south side of Pickett Street r from Cornell Street to Henson Street; DfM-Both sides of Cornell Street from the north line of Loras Boule- vard northerly for a distance of 170 feet; NN-Both sides of Montrose Street from the north line of Loras Boule- vard northerly for a distance of 170 feet." Section 3. That Ordinance No. 33-49, "The Traffic Code of the City of Du- buque," be amended by adding a new Section 16.1.19 thereto as follows: "Section 16.].14-Within ten (10) feet of the crosswalk at al] inter- sections within the City of Dubuque." Section 4. That the penalties for the violation of this Amendment shall y be the same as those provided for _ in the oriKinal Ordinance amended. Section 5. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- ,. licatian as by law provided. [ntroduced the 4th day of February, 1952. Rule requiring reading on three separate days suspended by unani- mous vote the 4th day of February, t 1952. ` Passed, adopted and approved this t lth day of February, 1952. ~ CLARENCE P. WEL[1, Mayor Pro Tem. ~~ RAY F. KOLB, RUBEN V. AUSTIN, k' LEO N. SCHUELLER, ~~ .Attest: Councilmen. J J. Shea., City Clerk. Published officially in The Tele- - graph-Herald newspaper this 8th day of February, 1952. .I. J. SHEA, 1tFeb8 City Clerk. Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayo Russo. Proof of publication, certified to by the publishers of the Telegraph- Herald newspaper, of the Financial Report of the City of Dubuque, Iowa for the fiscal year ending December 31, 1951, presented and read. Councilman Kolb moved that the proof of publication be re- ceived a.nd filed. Seconded by Councilman Schueller. Carried by R" the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. 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 December, ]951, presented and read, Councilman Schueller move d that the proof of publication be re• ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. Council Proceedings for the months of August and September, 1951 presented for approval, Councilman Schueller move d that the Council Proceedings for the months of August and Septem• her, 1951 be a,.,.. ~ red as printed. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. Dubuque, Iowa. January 30, 1952 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the pro- visions of the Code of Iowa, 1950, the Civil Service Commission coa• ducted an entrance examination on January 8, 1952 for those seek- ing positions on the Police De- partment. The following list shows the names of those who passed the written examinations with an aver- age of 70 per cent or better. Said list being certified in accordance with the provisions of the Code of Iowa, 1950. Name Average George J. Haberkorn 82% Earl F. Haferbecker 81f/s% Navall T. Horch 74% Annas A, Oakley 71% Respectfully submitted, LOUIS J. LAGEN, Chairman E. B. LYONS, C. S. HARKER, Members, Civil Service Commission. Attest: J. J. SHEA, Clerk. 64 Regular Session, February 4, 1952 Subscribed and sworn to before me, a Notary Public, this 30th day of January, 1952. GERALDINE L. JENNI, Notary Public in and for Dubuque County, Iowa. (Seal) Councilman Kolb moved that the report be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. Dubuque, Iowa January 16, 1952 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the pro- visions of the Code of Iowa, 1950, the Civil Service Commission con- ducted an entrance examination on January 8, 1952 for those seek- ing positions as Public Health Nurse. The following list shows the names of those who passed the written examinations•with an aver- age of 70 per cent or better. Said List being certified in accordance with the provisions of the Code of Iowa, 1950. Name Average Joan Marie Beebe 90% Juanita E. Baumhover 84% Respectfully submitted, LOUIS J. LAGEN, Chairman E. B. LYONS, C. S. HARKER, Members, Civil Service Commission. Attest: J. J. SHEA, Clerk. Subscribed sad sworn to before me, a Notary Public, this 30th day of January, 1952. GERALDINE L. JENNI, Notary Public in and for Dubuque County, Iowa. (Seal) Councilman Kolb moved that the report be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayo Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. January 29, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The construction of an 8" vitri• fied rile pipe sanitary sewer on Marion Street from the intersec- tion of Marion and Concord Streets to a point 308 feet West, which was constructed as a pri- vate sower by M. P. Kluck, suc- cessor and assign of Fay Miller, has been completed in accordance with plans and specifications, and the cost of same has been filed with the City Clerk in accordance with Ordinance No. 35-~49. This has been inspected by the City Engineer and be recommends that the sewer be accepted by the City Council as a part of the city sewer system. I hereby concur in this recom• mendation and also recommend that the sewer be accepted as a part of the city sewer system by the City Council. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be arr. ~ red. Seo- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. January 29, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The ruling of the Iowa Commerce, Commission relating to the Four• teenth Street overpass was re• ferred to the City Manager and City Solicitor for report. My recommendations are as fol- lows: 1. That the City Solicitor be authorized to request a reopening of the case in order that the city can submit additional data rela- five to street widening and the ~I i' r i6 +~ ~:' Regular Session, February 4, 1952 65 flow of traffic at each approach to the viaduct showing that there is sufficient width for four lane traffic. Also that the future plan for the development of the City Island and Peosta Highway be in- cluded in the hearing. 2. That the City Council approve the plans and authorize the con• struction with concrete pavement of East Fourteenth Street from Elm to Lynn, Cedar and Sycamore Streets from East Fourteenth Street to East Sixteenth Street, and East Sixteenth Streot from Pine Street to Lynn Street. Also, that these streets will be constructed to accommodate all the traffic from the viaduct and will be com- pleted by the time the viaduct is open for traffic. 3. That a resolution be passed requesting the Iowa Commerce Commission to vacate the cross- ings at 13th, 14th, 15th, 16th and 17th Street when the viaduct is completed and open to traffic. Respectfully submitted, L. J. Scnu,TZ, City Manager. Councilman Kolb moved that rho recommendations of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. January 29, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same for filing: Personal Laverne J. Schiltz, City Man- ager, Hartford Accident ~ In• demnity Co. T. H. Nelson, City Solicitor, Western Surety Co. Robert M, Czizek, Asst. City So- licitor, Western Surety Co. J. J. Shea, City Clerk, Massa- chusetts Bonding & Ins. Co. Albert L. Holscher, City Audi- tor, Western Surety Co. Edward M. Tschirgi, City Treas- urer, Continental Casualty Co. Geraldine L. JennI, Secretary to City Manager, Continental Casualty Co. Kenneth J. Cullen, City Engi- neer, Hawkeye Security Ins, Co. Donald J. Bandy, Building Com- missioner, Continental Casualty Co. Luvern C. Norton, Electrical In• apector, The Century Indemnity Co. Daniel d. O'Leary, Plumbing In• spector, Fireman's Fund Indomn• ity Co. Mae A. Moore, Clerk-Health Department, Indemnity Insurance Co, of North America. Arthur J. Roth, Jr., Mllk In- spector, Indemnity Insurance Co. at North America. Henry Blocker, Parking Meter Repairman & Collector, Western Surety Co. Wendelin Rettenberger, Super- intendent of Parks, Massachusetts Bonding and Ins. Co. John J~eph Hall, Supt, and Cashier-Water Department, Mas- sachusetts Bonding and Ins. Co. Allen C. Kane, Accountant - Water Department, Wester Surety Co. Thomas P. Fitpatrick, Clerk - Water Department, Western Surety ety Co. Lucille Oster, Clerk-Water De• partment, MassachuseUs Bonding and fns. Co. Helen Nelson, Clerk-Water De- partment, Western Surety Co. John J. Heffernan, Police Judge, Western Surety Co. John A. Brady, Clerk-Police Court, Central Surety & Ins. Corp. Nicholas J. Sutton, Recreational Director, Indemnity Ins. Co. of North America. Respectfully submitted, L. J. S~;niLTZ, City Manager. Councilman Rolb moved that the bonds be approved and placed on file. Seconded by Mayor Pro Tem Welu. Carried by the folk-w- iag vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. 66 Regular Session, February 4, 1952 January 26, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have received the annual re• port submitted to me by the Fire Chief for the year ending Decem- ber 31, 1951 and wish to call your attention to several facts that re- flect the efficient manner in which the department operated. The department responded to 872 calls on which there was a loss of $58,511.00 and of this amount $52,785.00 was covered by insur- ance. 'fhe actual loss per call not covered by insurance was $6.45 and total loss of $67.11 per call. Had there not been proper fire protection and a 50% loss figured on each call, the fire loss would have been $2,400,000.00 or approx- imately $2,750.00 per call. The inspection work carried on by the Fire Department is of major importance in fire preven• tion and 3,748 inspections were made during the year. I wish to commend the Fire De- partment on this fine record and also to call it to the attention of your honorable body. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the communication of City Man- ager Schiltz be received and made a matter of record and that the appreciation of the City Council be conveyed to both the Fire Chief and the members of the Fire De- partment. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller, Nays-None. Absent Mayor Russo. January 23, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Those city officials who are re- quired to furnish bonds are en• titled to a refund for the period January 1, 1952 to March 31, 1952 because they have submitted new bonds for the year.January 1, 1952 to December 31, 1952, which cor- responds to the new fiscal year as adopted by the legislature. I recommend that the city coun- cil approve the cancellation as of December 31, 1952 of the bonds approved the last fiscal year, pro• vided new bonds are on file. Respectfully submitted, L. J. SCHILTZ, City Manager. Mayor Pro Tem Welu moved that the communication of City Manager Schiltz be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. RESOLUTION N0. 33-52 Whereas, certain city officials and employees have filed bonds as required for the period April' 1, 1951 to March 31, 1952; and Whereas, the fiscal year has been changed from April 1st to March 31st, to correspond to the calendar year begining January 1st, and all officials and employ ees have filed bonds for the period January 1st, 1952 to December 31st, 1952. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa that the City Clerk be in- structed to notify the bonding com- parries holding bonds of city of- ficials and employees that the bond for the year April 1st, 1951 to March 31st, 1952 may be can• celled as of December 31st, 1951. Passed, adopted and arr.~~ed this 4th day of February, 1952. CLARENCE P, WELU, Mayor Pro Tem. RAY F. KOLB, RUBEN V. AUSTIN, LEON. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Mayor Pro Tem Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. Regular Session, February 4, 1952 6? January 26, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr. Joseph H. Strub, Chief of Police, has submitted his resigna- tion to become effective February 1,1952. 1 have accepted Mr. Strub's resignation effective this date. I have appointed Mr. Hugh Cal- lahan to the office of Chief of Police and wish to so inform your honorable body. Respectfully submitted, L. J. S~niLTZ, City Manager, Councilman Kolb moved that the communication of City Man- ager Schiltz be received and made a matter of record and that the City Council forward a letter of appreciation to Mr. Joseph H. Strub for past services rendered and to extend their best wishes to him in his future endeavors, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. January 14, 1952 To the Honorable Mayor and City Manager, Dubuque, Iowa. Gentlemen: I herewith submit reports of the Library Board of Trustees and Mae M. Clark, Librarian, covering the fiscal year beginning April 1, 1951 and ending December 31, 1951. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Kolb moved that the communication of City Man- ager Schiltz be received and the reports placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. February 2, 1952 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 December 1951 as well as list of claims and list of payrolls for which warrants were issued for the month of De- cember 1951. Also included are the annual reports of the City Auditor and City Treasurer covering the fiscal year beginning April 1, 1951 and ending December 31, 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 Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. February 4, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Traffic congestion on Central Avenue at the intersection of Fifteenth Street during the hours that the intersection is used for school crossing has caused a block- ing of the Fourteenth and Central Avenue intersection. In order that vehicular traffic can be speeded up at Fifteenth and Central Avenue intersection I recommend that a school crossing signal be installed instead of using the school stop signs. There are 195 pupils that cross Central Avenue at this intersec• tion to attend school. This is a much larger number than use many other school crossings where there are signals; also the traffic is much heavier on Central Avenue. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. 68 Regular Session, February 4,1952 January 17, 1952 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of H. J. Friedman for damages resulting from a backed•up sewer at 1359 Mt. Pleasant Street in Dubuque, has been referred to this office for in• vestigation and ...r ~,.t. Upon investigatfon I fir-d that the sewer main in this street was stopped up and caused a backing into the lateral, but Dud no evi- dence that the main was blocked through negligence on the part of the City. I therefore recommend that the claim be denied. Sincerely, T. H. NELSON. Councilman Aastin moved that the recommendation of City Solic- itor Nelson be accepted. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. January 17, 1952 Hon. Mayor and Members of the City CouncIl, City of Dubuque, Iowa. Gentlemen: The claim of J. Standford Duffy as Guardian of Mary E. Duffy, far damages resulting from a backed-up sewer at 1339 Mt. Pleasant Street in Dubuque, has been referred tp this office for investigation and report. Upon investigation I find that the sewer main m this street was stopped up and caused a backing into the lateral, but find ra evi- dence that the main was blocked through negligence on the part of the City. I therefore recommend .that the claim be denied. Sincerely, T. H. NELSON. Councilman Austin moved that the recommendation of Cfty Solic- itor Nehron be accepted. Seconded by Councilman Schueller. Car- ried by the foltawing vote: Yeas-Mayor Pro Tem WeIu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. February 4, 1952 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: The claim of Harold Theisen of the City of Dubuque for damages to his automobile when the car struck a manhole cover at the in- tersection of Garfield and Roose• velt Streets in the City of Du- buque, Iowa, having been sub- mitted to this office for investi- gation and report, has been in- vestigated. From an investigation thereof it appears that the claim should be paid. The amount of damages sus' tained by him is in the sum of X107.11. It is therefore respectfully re- commended that said claim in the sum of ;;107.11 be paid and that the City Auditor be instructed to draw a warrant in favor of Har- old Theisen in the sum of ~107.ll to be delivered to him upon ex- ecution of a proper release. Respectfully submitted, ROBERT M. CZIZEK, Assistant City Solicitor. Mayor Pro Tem Welu 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 ;107.11 in favor of Har- old Theisen, 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 Schueller Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absen~Mayor Russo. Janaary 28, 1952 To the Honorable Mayor and City Council, Dubugae, Iowa. Gentlemen: With reference to petition of Frank Specht asking vacation of alley from Quinn Street easterly', the Planning & Zoning Commission respectfully recommends denial of the petition until he gets the endorsement of other property Regular Session, February 4, 1952 69 owners abutting on said alley. Yours truly, Dubuque Planning & Zoning Commission, By: R. V. McKay, Secretary. Councilman Kolb 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 Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None, Absent-Mayor Russo. January 28, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a Planning & Zoning meet- ing held January 22, 1952, Mr. Harold L. Moldt Jr. withdrew his " petition requesting rezoning of G Lots 13, 14, 15, and 16 Shaffner's Subdivision fronting on Valeria St., and his withdrawal was accepted by the Planning and Zoning Com- mission. Respectfully submitted, Dubuque Planning & ;F Zoning Commission, By: R. V. McKAY, Secretary. x - Mayor Pro Tem Welu moved ~ that the communication of the ~;. Planning & Zoning Commission be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. ` Absent-Mayor Russo. January 31, 1952 . To the Honorable Mayor ' and City Council, Dubuque, Iowa. Re: Construction of Sanitary Sewer in Mt. Vernon Court Gentlemen: '~ I herewith submit the petitions ~ and waivers for the construction ~s: ~ of the Mount Vernon Court sani- x, tart' sewer, which are signed by all the property owners con- cerned. At the March 5, 1951 regular session of the City Council Reso- lution No. 60-51 (Necessity for Improvement) was passed and adopted, but at the recommenda- tion of the city engineer passage of the Resolution ordering con- struction was deferred until such time as waivers had been exe- cuted and filed by the affected property owners under the con- ditions of Resolution No. 60-~37. As these conditions have been complied with, it is my recom- mendation that the Honorable Mayor and City Council act on the Resolution ordering construction of a sanitary sewer in Mt. Vernon Court. Respectfully submitted, KENNETH J. CULLEN, City Engineer. Councilman Kolb moved that the recommendation of City En- gineer Cullen be approved and the petitions and waivers be made a matter of record. Seconded by Mayor Pro Tem Welu. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo, PETITION AND WAIVER The undersigned, owners of Lot 2 of Lot 8; and Lot 9 of Mt. Ver- non Court Addition in the City of Dubuque, Iowa, property abutting upon and adjacent to Mt. Vernon Court, hereby petition the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an Eight (8) inch sanitary sewer and do hereby petition said City to enter into a contract for the construction of said improvement in accordance with and as pro- vided by plans and specifications heretofore approved by said City. Said contract to be let and en- tered into in the manner provided by statute for bids and contracts for sanitary sewer construction. In consideration of the con' struction of the improvement as aforesaid, the undersigned agree to pay 16,2/3% of the actual cost thereof, including the engineering and inspection expanse to the City and the expense of making the assessment schedule. It is agreed 70 Regular Session, February 4, 1952 that the City of Dubuque shall cause assessments to be made against the property of the under- signed in such amount and that such assessment shall be and constitute a lien upon the prop- erties of the undersigned for the actual cost of such improvements on and from the date of the ac- ceptance of the Petition by the City, and the undersigned agree to pay said assessment in full, either by a lump sum payment or in ten equal installments as pro- vided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waive any and all rights they have to object to making of said im- provements or to the proceedings in connection therewith or the levy of such assessment and consent to pay their share of the actual cost as aforesaid. .The undersigned further petition said City to pay the contractor for constructing said improvements by the issuance and sale of improve- ment bonds in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted by said City. It is further agreed that in ac- depting this petition and in order- ing the construction of said im• provements the eRsolution of the City Council may contain recitals that said improvements .are ord- ered with or without the Petition of property owners, without in any way qualifying this Petition or releasing the undersigned from obligation to pay assessments made against their property as aforesaid. Norris S. Annis • Gloria Annis PETITION AND WAIVER The undersigned, owners of Lot 10 of Mt. Vernon Court Addition in the City of Dubuque, Iowa, prop- erty abutting upon and adjacent to Mt, Vernon Court, hereby pe- tition the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an Eight (8) inch sanitary sewer and do hereby pe- tition said City to enter into a con- tract for the construction of said improvement in accordance with and as provided by plans and specifications heretofore approved by said City. Said contract to be let and entered into in the manner provided by statute far bids and contracts for sanitary sewer con- struction. In consideration of the construc- tion of the improvement as afore- said, the undersigned agree to pay 16~% of the actual cost thereof, including the engineering and inspection expense to the City and the expense of making the as- sessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the under- signed in such amount and that such assessment shall be and con- stitute alien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agree to pay said assessment in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waive any and all rights they have to object to the making of said improvements or to the proceedings in connection therewith or the levy of such as- sessment and consent to pay their share of the actual cost as afore- said. The undersigned further petition said City to pay the contractor for constructing said improvements by the issuance and sale of im- provement bonds in anticipation of deferred payments of assessments when a contract has been per• formed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ord- ered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from their obligation to pay assessments made against their property as aforesaid. Charles T. Becker i~ i ~,. p ~x Regular Session, February 4, 1952 71 PETITION AND WAIVER The undersigned, owners of Lot 1 of Lot 3; and Lot 1 of Lot 1 of Lot 4 of Mt. Vernon Court Ad- dition in the City of Dubuque, Iowa, property abutting upon and adjacent to Mt. Vernon Court hereby petition the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an Eight (8) inch sanitary sewer and do hereby petition said City to enter into a contract far the construction of said improvements in accord- ance with and as provided by plans and specifications heretofore ap- proved by said City, Said contract to be let and entered into in the manner provided by statute for bids and contracts far sanitary sewer construction, In consideration of the construc- tion of the improvement as afore- said,the undersigned agree to pay 16,2/3% of the actual cost there- of, including the engineering and inspection expense to the City and the expense of making the as- sessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the under- signed in such amount and that such assessment shall be and con• stitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of the Petition by the City, and the undersigned agree to pay said assessment in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waive any and all rights they have to object to mak- ing of said improvements or to the proceedings in connection therewith or the levy of such as- sessment and consent to pay their share of the actual cost as afore- said. The undersigned further petition said City to pay the contractor for constructing said improvements by the issuance and sale of im- provement bonds in anticipation of deferred payments of assessments when a contract has been per- formed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ord- Bred with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from their obligation to pay assessments made against their property as aforesaid. Robert H. Moehl Agnes Moehl PETITION AND WAIVER The undersigned, owners of Lot 2 of Lot 4; Lot 5; and Lot 2 of Lot 6 of Mt. Vernon Court Ad- dition in the City of Dubuque, Iowa, property abutting upon and adjacent to Mt. Vernon Court, hereby petition the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an Eight (8) inch sanitary sewer, and do hereby petition said City to enter into a contract for the construe lion of said improvement in ac- cordance with and as provided by plans and specifications hereto- fore approved by said City. Said contract to be let and entered into in the maner provided by statute for bids and contracts for sanitary sewer construction. In consideration of the construc- tion of the improvement as afore- said, the undersigned agree to pay 16,2/3% of the actual cost thereof, including the engineering and in• spection expense to the City and the expense of making the assess- ment schedule. It is agreed that the City of Dubuque shall cause as- sessments to be made against the property of the undersigned in sucl- amount and that such assessment shall be and constitute a lien upon the properties of the under- signed for the actual cost of such improvements on and from the date of the acceptance of this Pe- tition by the City, and the under- signed agree to pay said assess- ment in full, either by a lump sum payment or in ten equal in- stallments as provided by law, not ~f 72 Regular Session, February 4, 1952 withstanding any provisions of the Statute to the contrary. The un- dersigned waive any and all rights they have to object to the making of said improvements or to the proceedings in connection there- with or the levy of such assess- ment and consent to pay their share of the actual cost as afore- said, The undersigned further peti- tion said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in an- ticipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im• provements the Resolution of the City Council may contain recitals that said improvements are ord- ered with or without the Petition of property owners, without in any way qualifying this Petition or releasing the undersigned from their oblibation to pay assess- ments made against their prop- erty as aforesaid. Paul B. Nauman Patricia Nauman PETITION AND WAIVER The undersigned, owners of Lot 2 of Lot 7; and Lot 1 of Lot 8, of Mt. Vernon Court Addition in the city of Dubuque, Iowa, property abutting upon and adjacent to Mt. Vernon Court hereby petition the City Council of the City of Du- buque, Iowa, as soon as soon as practicable, to proceed with the construction of an Eight (8) inch sanitary sewer and do hereby pe- tition said City to enter into a contract for the construction of said improvement in accordance with ahd as provided by plans and specifications heretofore approved by said City, Said contract to be let and entered into in the manner provided by statute for bids and contracts for Sanitary sewer con- struction. In consideration of the construc- tion of the improvement as afore- said, the undersigned agree to pay 18,2/3% of the actual cost there- of, including the engineering and inspection expense to the City and the expense of making the assess- ment schedule, It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in such amount and that such as• sessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of the Petition by the City, and the un- dersigned agree to pay said as- sessment in full, either by a lump sum payment or in ten equal in- stallments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waive any and all rights they have to object to mak- ing of said improvements or' to the proceedings in connection therewith or the levy of such as• sessment and consent to pay their share of the actual cost as afore- said. The undersigned further petition said City to pay the contractor for constructing said improvements by the issuance and sale of im- provement bonds in antlcipation of deferred payments of assess- ments when a contract has been performed and accepted by said City. It is further agreed that in ac• cepting this petition and in order- ing the construction of said im- provements the. Resolution of the City Council may contain recitals that said improvements are ord- ered with or without the Petition of property owners, without in any way qualifying this Petition or releasing the undersigned from their obligation to pay assess- ments made against their prop- erty as aforesaid. Wm. Province, Jr. Helen E. Province PETITION AND WANER The undersigned, owners of Lot 1 of Lot 6; and Lot 1 of Lot 7 of Mt. Vernon Court Addition in the city of Dubuque, Iowa, property abutting and adjacent to Mt. Ver- non Court, hereby petition the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of t, i i < ~ ":. (• ` I s ~':' ;. F . -:' ~ ( ~i ~~ ~~ ~. r Regular Session, February 4, 1952 73 an Eight (8) inch sanitary sewer and do hereby petition said City to enter into a contract for the con- struction of said improvement in accordance with and as provided by plans and specifications here- tofore approved by said City. Said contract to be let and en- tered into in the manner provided by statute for bids and contracts for sanitary sewer construction. In consideration of the con- struction of the improvement as aforesaid, the undersigned agree to pay 16,2/3% of the actual cost thereof, including the engineering and inspection expense to the City and the expense of making the as- sessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the un- dersigned In such amount and that such assessment shall be and con- stitute alien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agree to pay said assessment in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waive any and all rights they have to object to the making of said improvements or to the proceedings in connec• tion therewith or the levy of such assessment and consent to pay their share of the actual cost as aforesaid. The undersigned further peti- tion said City tp pay the contractor for constructing said improve- ments by the issuance and sale of improvement bonds in anticipa- tion of deferred payments of as- sessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that Said improvements are ord- ered with or without the Petition of property owners, without in any way qu8lifying this Petition or releasing the undersigned from their obligation to pay assessments made against their property as aforesaid. Arthur Trauseh, .Tr. Doris M. Trauseh (Ordering Construction} RESOLUTION N0. 34-62 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 75-51 which was duly passed by this Council, for the construction of an eight (8) inch vitrified the sanitary sewer in Mt, Vernon Court. be and the same are herehy ordered and constructed by this Council upon the petition of prop- erty 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 Ctty Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levy- ing special asessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the terms and conditions of the petitions and waivers of abutting and adjacent property owners now an file, and any deficiency will be paid out of the sanitation fund of the city, Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the man- ner provided by law, the said im- provements shall be completed on or before the 21 days after notice to proceed is issued. Be It Further Resolved that this resolution be in force and effect from and after its passage and adoption by the City Councll. Approved and placed on file for 74 Regular Session, February 4, 1952 final action this 4th day of Febr- uary, 1952. Councilman Kolb moved that the resolution just read being a resolution ordering a sewer im- provement be now considered com- plete 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, Seconded by Councilman Austin. Carried by the following vote: Yeas~Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller, Nays-None. Absent-Mayor Russo. February 4, 1952 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen; Enclosed I herewith submit petitions and waivers executed by the owners of all property abutting and adjacent to Mt, Vernon Court except Charles L. Reeder and Gladys Reeder, requesting the con- struction of a concrete pavement an this street and consenting to payment of assessments in excess of the statutory limitation. I recommend that these peti- tions be granted and that the cost of this improvement be as- sessed in accordance with these waivers, Respectfully submitted, L. J. SCHH,TZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved and the petitions and waivers made a mat- ter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller, Nays-None. Absent-Mayor Russo. PETITION AND WAIVER The undersigned, owners of Lot 1 of Lot 6; and Lot 1 of Lot 7 of Mt. Vernon Court Addition in the City of Dubuque, Iowa, prop- erty abutting upon and adjacent to Mt. Vernon Court, hereby pe- tition the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of a concrete pave- ment on Mt. Vernon Court in ac- cordance with the provisions of Resolution No. 607, passed, adopted and approved by the City Council on May 24, 1937, and do hereby petition said City to enter into a contract for the construc- tion of said improvement in ac- cordance with and as provided by plans and specifications hereto- fore approved by said City. Said contract to be let and entered into in the manner provided by stat- ute for bids and contracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agree to pay 14.92% of the actual cost thereof, including the engineering and inspection expense to the City and the expense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the under- signed in such amount and that such assessment shall be and con- stitute alien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the accept- ance of this Petition by the City, and the undersigned agree to pay said assessment in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any pro- visions of the Statute to the con- trary. The undersigned waive any and all rights they have to object to the making of said improve- ments or to the proceedings in connection therewith or the levy of such assessment and consent to pay their share of the actual cost as aforesaid. The undersigned further petition said City to pay the contractor for constructing said improve- ments by the issuance and sale of improvement bonds in anticipa• tion of deferred payments of as- sessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the t fi ~. r r Regular Session, February 4, 1952 75 City Council may contain recitals that said improvements are ord- ered with or without the Petition of property owners, without in any way qualifying this Petition or releasing the undersigned from their obligation to pay assess- ments made against their prop- erty as aforesaid. Arthur Trausch, Jr Doris M. Trausch PETITION AND WAIVER The undersigned, owners of Lot 2 of Lot 7; and Lot 1 of Lot 8 of Mt. Vernon Court Addition in the City of Dubuque, Iowa, property abutting upon and adjacent to Mt. Vernon Court, hereby petition the City Council of the City of Du- buque, Iowa, as soon. as practic- able, to proceed with the construc- tion of a concrete pavement on Mt, Vernon Court in accordance with the provisions of Resolution No. 6U-37, passed, adopted and approved by the City Council on May 24, 1937, and do hereby pe- tition said City to enter into a contract for the construction of said improvement in-accordance with and as provided by plans and specifications heretofore approved by said City. Said contract to be let and entered into in the man- ner provided by statute for bids and contracts for street improve- ments, In consideration of the construc- tion of the improvement as afore- said, the undersigned agree to pay 14.92% of the actual cost thereof, including the engineering and in• spection expense to the City and the expense of making the as- sessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against -the property of the under- signed in such amount and that such assessments shall be and constitute a lien upon the prop- erties of the undersigned for the actual cost of such improvements on and from the date of the ac- ceptance of this Petition by the City, and the undersigned agree to pay said assessment in full, either by a lump sum payment or in ten equal installments as pro- vided by law, not withstanding xny provisions of the Statute to the contrary. The undersigned waive any and all rights they have to object to the making of said improvements or to the proceed- ings in connection therewith or the levy of such assessment and consent to pay their share of the actual cost as aforesaid. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ord- dered with or without the Petition of property owners, without in any way qualifying this Petition or re• leasing the undersigned from their obligation to pay assessments made against their property as aforesaid. Wm. Province, Jr. Helen E, Province PETITION AND WAVER The undersigned, owners of Lot 10 of Mt. Vernon Court Addition in the City of Dubuque, Iowa property abutting apon and ad- jacent to Mt. Vernon Court here- by petition the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of a concrete pave- ment on Mt, Vernon Court in ac- cordance with the provisions of Resolution No. 60-37, passed, adopted and approved by the City Council on May 24, 1937, and do hereby petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and specifications heretofore approved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agree to pay 14.92% of the actual cost thereof, including the engineering and in- spection expense to the City and the expense of making the assess- ment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in such amount and that such as- sessment shall be and constitute a lien upon the properties of the 76 Regular Session, February 4, 1952 undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agree to pay said as- sessment in full, either by a lump sum payment or in ten equal in- stallments as provided by law, not withstanding any provisions of the Statute to the contrary. The un- dersigned waive any and all rights they have to object to the making of said improvements or to the proceedings in connection there- with or the levy of such assess- meat and consent to pay their share of the actual cost as afore- said. The undersigned further petition said City to pay the contractor for constructing said improvements by the issuance and sale of im- provement bonds in anticipation of deferred payments of assessments when a contract has been per- formed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ord- ered with or without the Petition of property owners, without in any way qualifying this Petition or re• leasing the undersigned from their obligation to pay assessments made against their property as afore- said. Charles T. Becker PETITION AND WAIVER The undersigned, owners of Lot 2 of Lot 4; Lot 5; and Lot 2 of Lot 6 of Mt. Vernon Court Addition in the City of Dubuque, Iowa property abutting upon and adjacent to Mt. Vernon Court hereby petition the City Council of the City of Du- buque, Iowa, as soon as parctica- ble, to proceed with the construc- tion of a concrete pavement on Mt. Vornon Court in accordance with the provisions of Resolution No. 60-37, passed, adopted and approved by the City Council on May 24, 1937 and do hereby peti- tion said City to enter into a con- tract for the construction of said improvement in accordance with and as provided by plans and specifications heretofore approved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts far street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agree to pay. 14.92% of the actual cost thereof, including the engineering expense to the City and the ex- pense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assess- ments to be made against the property of the undersigned in such amount and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such im• provements on and from the date of the acceptance of this Fetition by the City, and the undersigned agree to pay said assessment in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waive any and all rights they have to object to the making of said im- provements or to the proceedings in connection therewith or the levy of such assessment and consent to pay their share of the actual cost as aforesaid. The undersigned further petition said City to pay the contractor for constructing said improvements by the issuance and sale of improve- ment bonds in anticipation of de- ferred payments of assessments when a contract has been per- fored and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ord- ered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from their obligation to pay assessments made against their property as afore- said. Paul li. Nauman Patricia Nauman PETITION AND WANER The undersigned, owners of Lot Regular Session, February 4, 1952 77 1 of Lot 3; and Lot 1 of Lot 1 of Lot 4 of Mt. Vernon Court Addi- tion in the City of Dubuque, Iowa property abutting upon and ad- jaeent to Mt. Vernon Court hereby petition the City Council of the City '- ~ of Dubuque, Iowa, as soon as practicable, to proceed with the construction of a concrete pave- ment on Mt. Vernon Court in ac- cordance with the provisions of Resolution No. 60-37 passed, adopted and approved by the City Council on May 24, 1937 and do hereby petition said City to enter _ into a contract far the construc- tion of said improvement in ac- cordance with and as provided by plans and specifications hereto- fore approved by said City. Said contract fA be let and entered into in the manner provided by statute for bids and contracts for street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agree to pay 14.92% of the actual cost thereof, including the engineering expense to the City and the expense of making the assessment schedule. It is agreed that the City of Du- buque shall cause assessments to be made against the property of the undersigned in such amount and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improve- inents on and from the date of `! the acceptance of this Petition by "the City, and the undersigned i agree to pay said assessment in full, either by a lump payment or ~ in ten equal installments as pro- f vided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waive any and all rights they have to i object to the making of said im- provements or to the proceedings in connection therewith or to the levy of such assessment and con- sent to pay their share of the actual cost as aforesaid. The undersigned further petition said City to pay the contractor for ' constructing said improvements by the issuance and sale of im- provement bonds in anticipation of deferred payments of assessments when a contract has been per- formed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im• provements the Resolution of the City Council may contain recitals that said improvements are ord- ered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from their obligation to pay assessments made against their property as aforesaid. Robert H. Moehl Agnes Moehl PETITION AND WANER The undersigned, owners of Lot 2 of Lot 8; and Lot 9, of Mt. Ver- non Court Addition in the City of Dubuque, Iowa property abutting upon and adjacent to Mt. Vernon Court hereby petition the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of a concrete pavement on Mt. Ver- non Court in accordance with the provisions of Resolution No. 607 passed, adopted and approved by the City Council on May 24, 1937 and do hereby petition said City to enter into a contract far the con- struction of said improvement in accordance with and as provided by plans and specifications here- tofore approved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agree to pay 14.92% of the actual cost thereof, including the engineering expense to the City and the expense of making the assessment schedule. It is agreed that the City of Du- buque shall cause assessments to be made against the property of the undersigned in such amount and that such assessment shall be and constitute a lien upon the properities of the undersigned for the actual cost of such improve- ments on and from the date of the acceptance of this Petition by the City, and the undersigned agree to pay said assessment in full, ~. 78 Regular Session, February 4, 1952 either by a lump sum payment or in ten equal installments as pro- vided by law, not. withstanding any provisions of the Statute to the contrary. The undersigned waive any and all rights they have to object to the making of said improvements or to the proceed- ings in connection therewith or to the levy of such assessment and consent to pay their share of the actual cost as aforesaid. The undersigned further petition said City to pay the contractor for constructing said improvements by the issuance and sale of improve- ment bonds in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ord- ered with ar without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from their obligation to pay assessments made against their property as aforesaid. Norris S. Annis Gloria Annis RESOLUTION N0. 35-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Mt. Vernon Court from the west property line of South Grandview Avenue to the end of the street, estimated cost $10,499.88, presented and read. Mayor Pro Tem Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller, Nays-None. Absent-Mayor Russo. (Necessity for Improvement) RESOLUTION N0. 36-51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly Pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the dis- trict, if any. 2. The streets to be improved, 3. The width of such improve- ment. 4, Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Mt. Vernon Court from the west property line of South Grandview Avenue to the end of, the street. Be It Therefore Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said 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 assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto- ac- cording to area and in proportion to the special benefits conferred ~~ Ir F y w ~p Regular Session, February 4, 1952 79 thereby, and any deficiency shall be paid out of the stret fund and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of February, 1952. Councilman Kvlb moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in farm 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 be- fore final adoption. Seconded by Councilman Austin. Carried by the following vote; Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller, Nays-None. Absent-Mayor Russo. (Fixing date of hearing) RESOLUTION N0. 31-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution Na. 35-52 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk far public inspection, for the improve- ment of Mt. Vernon Court from the west property line of South Grand- view Avenue to the end of the street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 3rd day of March, 1952, a public hearing wIll be held at 7:30 o'clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may ap- pear and make abjection to the proposed plans and specffications and proposed form of contract and at the same time to the bound- aries of the proposed district, to the cost of the improvement, to the amount proposed to be as- sessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all ob- jections thereto, at which hearing the Council will hear such obje~~ lions and enter on record its final decision thereon. Passed, adopted and approved this 4th day of February, 1952. CLARENCE P. WELU, Mayor Pro Tem. 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 Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays.-None. Absent-Mayor Russo. February 4, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: An appeal has been made for pro- perty owners wishing street im- provements to petition the City Council for such improvements so that a program of construction could be formulated. There have been but few petitions requesting such improvements and because of the .time necessary to complete plans and the taking of bids, I recommend that the City Council order the preparation of plans and plats and schedules on the fol- lowing improvement projects: New Curb and Gutter with Asphal- tic Macadam Surfacing. 1. Link Street- Burden to Brunswick. - -if 80 Regular Session, February 4, 1952 2. Lowther Street- Burden to Brunswick. 3. St. Ambrose Street Seminary to Fairway Drive. 4. Hazel Street Bunker Hill to St. Ambrose. 5. Finley Street- University to Poplar. 6. Algona Street- Dexter to Rosedale. 7. Cottage Place- Abbot to Woodworth. 8, Abbot Street- Lowell to Mt. Crest. 9. Woodworth Street- Lowell to Mt. Crest. 10. Stetmore Street- East Side Lombard to St. Jo- seph. 11. Simpson Street- West Side and 100 feet North of Cross Street. 12. CFgss Street- West Side Simpson to Coates. 13. Bradley Street Henderson to 150 feet past Whelan. 14. Bradley Street- Randall to Grandview. 15. Rider Street Grandview to Perry. 16. Adeline Street- Grandview to Ramona. 17. Apple Street- Cleveland to Oak. 18. Southern Avenue- English Lane to Grandview. 19. Frescott Street- Decatur to Roosevelt. 20. Decatur Street Prescott to Lincoln, and from Garfield to Rhomberg. 21. Hamilton Street- Prescott to Lincoln, and from Garfield to Rhomberg. Asphaltic Macadam Surfacing. 1. Hale Street- Grandview Ave to Algona. 2. West Third Street- Grandview Ave to Algona, 3. Victoria Street- . Logan to South End. 4. Logan Street- ' Victoria to Plymouth. 5. Southern Ave.- So. Locust Street to English Lane. 6. Delaware Street- Algona to Avoca. 7. Wooten Street- Hospital Pavement to Sheet Asphalt. 8. Stafford Ave. Garfield to Hennepin. 9. Muscatine Street- Gay to Stoltz. 10. Lowther Street- Burden to Windsor. 11. Strauss Street- Burden to Windsor. 12. Goethe Street- Burden to Windsor. 13. East 29th Street- Central to Railroad Tracks. 14. East 28th Street- Central to Jackson Street. 15, East 26th 5treet- Central to Railroad Tracks. 16. Pinard Street- East 26th to East 30th Street. 17. Queen Street- Marquette to Burden. 18. Shiras Avenue- Rhomberg to Park Exit. 19, Dock Street- Lincoln to Garfield. 20. Booth Street- University to Loras, 21. Nevada Street Martha to University. 22. Martha Street Alta Vista to Booth. This list of street improvement projects includes those streets on which. continued maintenance is impractical and the property has never been assessed for this type of improvement. They are also streets on which the property own- ers have asked for repair work, but in my opinion continued main- tenance is not in the best inter- est of the city. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Sec• onded by Councilman Kalb. Car- ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, 5chuel- ler. Nays-None. Absent-Mayor Russo. Resolution No. 11-b2 Whereas, The City of Dubuque has been authorized to issue bonds for the construction and recpn• struction of fire houses; and ! ~;; a x f; _ r ~ ~ ~I 1°J I~, Regular Session, February 4, 1952 81 Whereas, the City Council has approved the selection of an archi- tectural firm to provide the neces- sary planning services; Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque, Iowa, that the Mayor and City Clerk be and they are hereby authorized and directed to enter into an agreement with Durrant and Berg- qust pf Dubuque, Iowa, for archi- tectural planning service for a new fire station and remodeling of the Eighteenth Street Fire Station. Approved and placed on file for final action this 7th day of Janu- ary, 1952. Passed, adopted and approved this 4th day of February, 1952. CLARENCE P. WELU, Mayor Pro Tem. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Mayor Pro Tem Welu. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel• ler. Nays-None. Absent-Mayor Russo. Architect's Agreement This agreement, made and en- tered into on the 4th day of Feb- ruary, 1952, by and between the City of Dubuque, Iowa, herein called the "Owner" and Durrant and' Bergquist of Dubuque, Iowa, herein called the "Architects." Witnesseth: 1. The Owner who desires to erect a new Fire Station Building at an estimated cost of Ninety- eight Thousand Dollars ($98,000.00) and to remodel the existing Fire Station Building at Eighteenth and Central Avenue, Dubuque, Iowa, at an estimated cost of Forty-seven Thousand ($47,000,(10) employs the Architects to prepare preliminary sketches, working drawings and specifications therefor and to su- pervise the constn~ction thereof as Architects to the completion thereof, in accordance with such plans and specifications, 2. The Architects agree to un- dertake and perform the forego- ing services. Chemical and me- chanical tests and surveys, when required, are to be paid for by the Owner. 3. The Architects shall be paid a basic fee equal to six percent (6%) of the total cost of the work, which total cost shall include the fee of the contractor, but shall not include the fees of the Archi• tects or the cost of a Clerk-of-the- works. Payments to the Archi- tects on account of the above fee shall be made as his work pro- gresses and in the following man- ner: Upon completion of the prelim- inary plans, one percent of the estimated cast; Upon completion of working drawings and specifications, ex- clusive of taking of bids, three percent of the estimated cost; The balance from time to time as the Architects' services are performed and in proportion to the services rendered. Until an actual bid is received, charges shall be based upon said estimated cost of work and all payments received credited to the Owner on account of the to- tal fee. No deduction shall be made from the Architects' fee on ac- count of penalty, liquidated dam- ages, or other sums withheld from the contractor. In no event shall the Archi- tects proceed with the prepara- tion of "preliminary plans" or "final plans and specifications" without written authorization from the Owner, 4. If, after a definite plan has been developed, changes in the drawings, specifications, or other documents are required by the Owner, or if the Architects are put to extra labor or expense by the delinquency or insolvency of a contractor, the Architects shall be reimbursed for such. expense and paid the reasonable value of such additional services. 5. Due to fluctuations and un- certainties of the labor and ma- terial markets, the Architects do 82 Regular Session, February 4, 1952 not guarantee the accuracy of any estimate of cost, or assume any responsibility therefor. 6. The Architects may, in any emergency arising during the course of construction, take such action as they deem advisable for the protection of the building and in the interest of the Owner, The Architects may also from time to time authorize such changes in the work as they con- sider beneficial, provided, howev- er, that such changes do not ma- terially change the plan or layout of the work ar materially add to the expense thereof. 7. This Agreement shall be bind- ing upon., and inure to the benefit of the executors, administrators and successors of the respective parties. Owner City of Dubuque Dubuque, Iowa By ROMOLO N. RUSSO, Mayor. J. J. SHEA, Clerk. Architects Durrant and Bergquist Dubuque, Iowa By JOSEPH G. DURRANT RAYMOND G. BERGQUIST Resolution No. 38-52 Resolution Directing the City So- licitor to Re-open Application for Approval of Necessity of and Plans for Fourteenth Street Ov- erpass and Declaring Necessity for Closing of Certain Railroad Crossings upon the Completion of such Overpass. Whereas the Iowa State Com- merce Commission has heretofore on the 5th of December, 1951, en• tered its order finding that it can- not approve of the plans #or an overpass where East Fourteenth Street crosses the tracks of the Chi- cago, Great Western Railway Com- pany and the Chicago, Milwaukee, St. Paul and Pacific Railroad Com- pany in this City; and Whereas such order was entered without prejudice; and Whereas the City Manager has submitted plans and recommenda- tions to the City Council concern- ing the handling of traffic and fu- ture development of streets on both sides of said overpass when con- structed; and Whereas it appears to the City Council that the necessity for such overpass arises in part from the hazards created by the crossings over such tracks at East Thir- teenth Street, East Fourteenth Street, East Fifteenth Street, East Sixteenth Street, and East Seven- teenth Street, being at grade; and Whereas upon the completion of such overpass such hazardous grade crossings should no longer be permitted; Now therefore be it resolved by the City Council of the City of Dubuque: Section 1. That the plans and recommendations submitted by the City Manager are hereby ap- proved and proceedings for such development be instituted upon the approval of the plans of such overpass by the Iowa State Com- merce Commission; Section 2. That the City Solicitor is hereby directed to institute pro- ceedings before the Iowa State Commerce Commission requesting said Commission to re-open the matter of such overpass and to enter an order approving the ne- cessity for such overpass, approv- ing the plans therefor and order- ing the crossings at East Thir- teenth Street, East Fifteenth Street, East Sixteenth Street and East Seventeenth Street closed when such overpass is completed and open for traffic. Section 3. This Resolution shall be in full force and effect from and after its final passage and adop- tion. Adopted this 4th day of Febru- ary, 1952. CLARENCE P. WELU, Mayor Pro Tem. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Kolb moved that the resolution be adopted. Seconded Regular Session, February 4, 1952 83 by Councilman Schueller. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schuel- ler. Nays-None. Absent-Mayor Russo. Joint Resolution No. 39-52 Whereas the Airport Zoning Commission of the County and City of Dubuque has met and submitted its final report consist- ing of a proposed Joint Resolu- tion establishing airport zoning regulations for the Dubuque Mu- nicipal Airport; and Whereas before such proposed Resolution may be acted upon a public hearing must be had there- on; Now therefore be it resolved by the City Council of the City of Dubuque and by the Board of Supervisors of Dubuque County, Iowa: Section 1. That a public hearing be held in relation to said pro- posed Resolution at 7:30 P.M, on the 3rd day of March, 1952 in the City Council Chambers in the City Hall in the City of Dubuque, Iowa and that at such time and place all interested parties and all citizens be given an opportunity to be heard; Section 2. That the City Clerk is hereby authorized and directed to publish notice of said hearing by publication in the Telegraph- Herald at least 15 days prior to the date herein set for said hear- ing; Section 3. That this Resolution shall be in full force and effect from and after its final adoption by the City Council of the City of Du• buque and the Board of Super• visors of Dubuque County, Adopted this 4th day of Febr- uary, 1952 by the City Council of the City of Dubuque. CLARENCE P. WELD, Mayor Pro Tem. RAY F. KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolutioq. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller, Nays-None, Absent-Mayor Russo. Adopted this 5th day of Febr- uary, 1952 by the Board of Super- visors of Dubuque County, Iowa, JOE BAULE, Chairman. CLARENCE HAMMERAND HUBERT DONOVAN Members. Attest: HAROLD P. MELOY, County Auditor. RESOLUTION N0. 40-52 Whereas the Park Board of the City of Dubuque has certified to the City Council its Resolution finding that the following described property: The South part of Lot 2 of 3 of Mineral Lot 158, accord- ing to the recorded plat thereof, in the City of Dubuque, Dubuque County, Iowa, is no longer fit or desirable for park purposes; and Whereas the City of Dubuque has heretofore entered into an agree- ment for exchanging easements with Florence Moy Clark, which agreement provided that the City of Dubuque would grant her an easement for a street not less than fifty (50) feet in width across said real estate; and Whereas the said Florence Moy Clark has agreed to accept a quit claim deed of the City of Dubuque to the Southerly 32.55 feet of the northerly 182,55 feet of the south part of Lot 2 of Lot 3 of the Sub- division of Mineral Lot 158 in the City of Dubuque, Dubuque County, Iowa, in full satisfaction of all claims of any nature she may have arising out of said agreement; Now Therefore Be It Resolved By The City Council Of The City Of Dubuque: Section 1. That the Mayor and City Clerk are hereby authorized and empowered to execute the quit claim deed of the City of Du- buque, releasing and conveying to Florence Moy Clark all of its right, title and interest in and to the Southerly 32.55 feet of the northerly 182.55 feet of the south part of Lot 2 of Lot 3 of the Sub• division of Mineral Lot 158 in the City of Dubuque, Dubuque County, Iowa; 84 Regular Session, February 4, 1952 Section 2. That upon the receipt from the said Florence Moy Clark of her propertly executed release, releasing the City of Dubuque and its successors or assigns from any and all claims or obligations aris- ing out of said exchange of ease- ments, or of any kind and nature, the said Mayor and City Clerk are hereby authorized and empowered to deliver said quit claim deed to the said Florence Moy Clark. Section 3. This Resolution shall be in full force and effect from and after its final passage and adoption. Approved and placed on file this 4th day of February, 1952. Councilman Kolb moved that the resolution. just read, being a reso- lution authorizing a contract be now considered complete in form for final passage and further moved 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 adop- tion. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo, RESOLUTION NO. 41-52 Resolution Setting a Time and Place of Hearing on Proposal to Dispose. of Real Estate. Whereas Resolution No. 402 has been introduced in the City Council of the City of Dubuque, providing for the conveyance of the Southerly 32.55 feet of the north- erly 182.55 feet of the south part of Lot 2 of Lot 3 of the Subdivision of Mineral Lot 158 in the City of Dubuque; Dubuque County, Iowa to Florence Moy Clark; and Whereas before such Resolution may be adopted a public hearing must be held thereon; Now Therefore Be It Resolved By The City Council Of The City Of Dubuque: Section 1. That a public hearing be held on said proposed Resolu- tion on the 3rd day of March, 1952 at 7:30 o'clock at the Council 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 directed to publish notice of such hearing once each week for two consecutive weeks in the manner provided by law, the last of which publications shall be not less than ten (10) days prior to the date set for said hearing. Passed, adopted and approved this 4th day of February, 1952. CLARENCE P. WELU, Mayor Pro Tem. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. 5CHUELLER, 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 Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. RESOLUTION N0. 42-52 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigar- ette papers within said City and the Manager is directed to issue such permit on behalf of said City. Don Schroeder, 2890 Central Avenue. Irene Nelson, 1046 Central Ave- nue. Merlin Michel, 330 Main Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 4th day of February, 1952. 'CLARENCE P. WELU, Mayor Pro Tem. RAY F. KOL)3, RUBEN V. AUSTIN, LEO N. SCpTtIELLER, Councilmen. Attest: J. J. SH1;A, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman WeIu. Car- ried by the following vote: Yeas-Mayor Pro Tem Wehi, f i. I I~ i Regular Session, February 4, 1952 $5 Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo RESOLUTION N0. 43-52 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Coui,cil 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 Orland C. Driscoll and William O'Neill, 244 West First Street. Joseph P, Hillard and Bernice Hillard, 431 Rhomberg Avenue. Lawrence Schwartz, 500 Rhom- berg Avenue. Irene Nelson, 1046 Central Ave- nue. Merlin P. Michel, 330 Main Street. Arano H. Lolwing, 2616 Windsor Avenue. Melvin B. McDonough, 305 Eighth Avenue. John S. Young, 601 Rhomberg Avenue. Orville P. Murphy, 435 Central Avenue. John Woerdehoff, 1555 Central Avenue. Julius Miller, 1961 Central Ave- nue. Passed, adopted and approved this 4th day of February, 1952. CLARENCE P. WELU, Mayor Pro Tem, 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 Mayor Pro Tem Welu. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller, Nays-None. Absent-Mayor Russo. RESOLUTION N0. 44-52 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 Man- ager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT Orland C. Driscoll and William O'Neill, 244 West First Street. Joseph P. Hillard and Bernice Hillard, 431 Rhomberg Avenue. Lawrence Schwartz, 500 Rhom- berg Avenue. Irene Nelson, 1046 Central Ave- nue. Merlin P. Michel, 330 Main Street. Arano H. Lolwing, 2016 Windsor Avenue. Melvin B. McDonough, 305 Eighth Avenue. John S. Young, 601 Rhomberg Avenue. Orville P. Murphy, 435 Central Avenue. John Woerdehoff, 1555 Central Avenue. Julius ,Miller, 1961 Central Ave- nue. 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 February, 1952. CLARENCE P. WELU, Mayor Pro Tem. 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 Mayor Pro Tem Welu, Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. There being no further business Councilman Schueller moved to adjourn. Seconded by Councilman 86 Regular Session, February 4, 1952 Kolb. Carried by the following vote: Yeas-Mayor Pro Tem Welu. Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Mayor Russo. J. J. SHEA, City Clerk. Approved .................... 1952 Adopted .................... 1952 Attest :.................................................. City Clerk. Special Session, February 6, 1952 87 City Councii (OFFICIAL) Special Session, February 6th, 1952. Council met at 4:30 P.M. Present -Councilmen Austin, Kolb, Welu, City Manager Schiltz. Absent-Mayor Russo, Council- man Schueller. Meeting called. by order of Coun- cilmen Kolb and Austin. Councilman Kolb moved that Councilman Welu be appointed Mayor Pro Tem of the meeting. Seconded by Councilman Austin. Carried by the following vote: Yeas-Councilmen Austin, Kolb. Nays-None. Absent-Mayor Russo, Council- man Schueller. Councilman Welu not voting. Mayor Pro Tem Welu read the call and stated that service there- of had been duly made and that this meeting is called for the pur- pose of considering plans for the remodeling of Fire Station ~No. 1 at 18th Street and Central Avenue and acting on any other business as may properly come before a regular meeting of the City Coun- cil. February 6, 1952 Honorable Mayor and City Council, City of Dubuque, Iowa. We hereby request authorization to perform excavations in the streets and alleys within the city limits of the City of Dubuque, Iowa. We have previously furn- ished aliability policy and bond through our agents Schwietering and Wallis. Yours very truly, Dubuque Plumbing and Heating Company, Frank J. Geiger, President. Councilman Austin moved that the request be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilman Austin, Kolb. Nays-None. Absent-Mayor Russo, Council- man Schueller. February 5, 1952 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa, Gentlemen: A notice of injury was filed by Loretta Kruse of 230 Bluff Street, Dubuque, Iowa, in the office of the City Clerk, notifying the City of Dubuque that she fell upon a sidewalk lying along the north side of Second Street between Locust Street and the alley lying to the West, and that, as a re- sult of such fall, she sustained serious damage to her left knee cap. An investigation was made and it appeared therefrom that she did sustain a painful and serious in- jury to the left knee cap, and that her fall was occasioned by slip- ping an some loose rock which has accumulated on the sidewalk. It was determined further that she sustained actual damages in the sum of $312.65. The American Surety Company, the Insurance carrier on the property has agreed to assume and pay half of the damages, and the claimant has agreed to accept the sum of $352.65 in full settlement for all damages sustained by her. It is respectfully recommended that the City of Dubuque con- tribute toward said settlement the other half of the damages, in the sum of $176.33, and it is further recommended that the City Audi- tor be instructed to draw a war- rant in favor of Loretta Kruse in the sum of $176.33, to be delivered to her upon the execution of a proper release. Respectfully submitted, Robert M. Czizek, Assistant City Solicitor. Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek be adopted and the City Auditor instructed to draw a warrant in the amount of $176.33 in favor of Loretta Kruse, as settlement of the city share of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote; 88 Special Session, February 6, 1952 Yeas-Mayor Pro Tem Welu, Councilman Austin, Kolb. Nays-None. Absent-Mayor Russo, Council- man Schueller. RESOLUTION N0. 45-52 Be It Resolved by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale, of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette 'papers within said City and the Manager is directed to issue such permit on behalf of said City. John S. Young, 601 Rhomberg Avenue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 6th day of February, 1952. CLARENCE P, WELU, Mayor Pro Tem. RAY F. KOLB, RUBEN V. AUSTIN, 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 Pro Tem Welu, Councilmen Austin, Kolb. Nays-None. Absent-Mayor Russo, Council- man Schueller. RESOLUTION N0. 46-52 Whereas, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Nicholas J, Kopp, 253 East 21st Street. Passed, adopted and approved this 6th day of February, 1952. CLARENCE P. WELU, Mayor Pro Tem. RAY F. KOLB, RUBEN V. AUSTIN, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Mayor Pro Tem Welu. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb. Nays-None. Absent-Mayor Russo, Council- man Schueller. RESOLUTION N0. 47-52 Whereas, heretofore application for Class "B" Beer Permit was filed by the within named appli• cant and it has received the ap- proval of this Council; and Whereas, the premises to be oc- cupied by such applicant have been inspected and found to com- ply with the ordinances of this City and he has filed a proper band: 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- plicant aBeer Permit. CLASS "B" PERMIT Nicholas J. Kopp, 253 East 21st Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adapted and approved this 6th day of February, 1952. CLARENCE P. WELU, Mayor Pro Tem. RAY F. KOLB, RUBEN V. AUSTIN, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Mayor Pro Tem Welu. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Nays-None. Absent-Mayor Russo, Council-~ man Schueller. RESOLUTION N0. 48-52 Preliminary approval of pro- posed plans, specifications, form of contract and all other docu- ments for the remodeling of Fire Station No. 1 at 18th and Central Avenue, estimated cost $49,500.00, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- Special Session, February 6, 1952 89 ried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb. Nays-None. Absent-Mayor Russo, Council• man Schueller. RESOLUTION N0. 49-52 Whereas, proposed plans, speci- fications and forms of contract have been duly prepared and ap- 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 an estimate of cost for the remodel- ing of Fire Station No. 1 at 18th and Central. Be It Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and un- r less property owners have objec- tions on file with the City Clerk to the amount of the proposed cost of improvements, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be done in accordance with the plans and specifications which have been prepared by Durrant and Berg- quist, Architects, Dubuque, Iowa, which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of said remodeling will be paid out of the General Fund when a contract has been performed and accepted. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of February, 1952. Councilman Kolb moved that the resolution just read, being a resolution authorizing a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Councilman ~ Austin. Carried by the following r, vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb, Nays-None, Absent-Mayor Russo, Council- man Schueller, RESOLUTION N0. 50-52 Whereas, the City Council of the City of Dubuque, Iowa has by Resolution No. 48-52 given its preliminary approval of the pro- posed plans, specifications and form of contract and placed the same on file in the office of the. City Clerk for public inspection for the remodeling of Fire Station No. 1 at 18th and Central: Now Therefore, ' Be It Resolved that on the 3rd day of March, 1952 a public hear- ing will be held at 7;30 o'clock P.M, in the Council Chamber in the City Hall at which time and place and all persons interested may appear and make objection to the proposed plans, specifica- tions, contract for or cost of the improvement. Be It Further Resolved that the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such bearing to be published in the official news- paper at least ten days before said hearing at which hearing the Council wIll hear any objections and any evidence for or against the same and enter on record its decisions thereon. Passed, adopted and approved this 6th day of February, 1952. CLARENCE P. WELU, Mayor Pro Tem. RAY F. KOLB, RUBEN V. AUSTIN, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Mayor Pro Tem Welu. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb. Nays-None, Absent-Mayor Russo, Council- man Schueller. RESOLUTION N0. 51-52 Be It Resolved by the City Council of the City of Dubuque, Iowa that pursuant to Resolution No. 49-52 which was duly passed by this Council providing for the remodeling of Fire Station No. 1 at 18th and Central be and the same is hereby ordered construc- ed by this Council upon its own motion. All the work shall be con- structed according to the plans, and specifications heretofore adopt- . ed and now on file in the office of 90 Special Session, February 6, 1952 the City Clerk. Be It Further Resolved that tho cost and expense of said remodel- ing shall be paid for from the General Fund. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the remodeling herein provided for in the manner provided by law and said remodel- ing shall be completed within 135 calendar days after date of con- tract. Be It Further Resolved that this Resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its adoption by the City Coun- cil. Passed, adopted and approved this 6th day of February, 1952. CLARENCE P. WELD, Mayor Pro Tem. RAY F. KOLB, RUBEN V. AUSTIN, 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 Pro Tem Welu, Councilmen Austin, Kolb. Nays-None. Absent-Mayor Russo, Council- man Schueller. There being no further business Councilman Kolb moved to ad• journ. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Pro Tem Welu, Councilmen Austin, Kolb. Nays-None. Absent-Mayor Russo, Council- man Schueller. Approved .................. 1952 Adopted ................... 1952 I I Councilmen: { .................................. Attest :.............. . pity Clerk.