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1952 April Council Proceedings202 Special Session, March 22, 1952 onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that Mr. Irvin Oeth be appointed as a member of the Planning and Zon- ing Commission for the term ex• Firing May 24, 1954 and also as a member of the Board of Adjust• ment for the term expiring March 5, 1954. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved .................. 1952 Adopted .................... 1952 Councilmen ..................................... Attest ........................................ City Clerk. Regular Session, April 7, 1952 203 f City Council (OFFICIAL) Regular Session, April 7th, 1952. Council met at 7,30 P.M. Present-Mayor Russo, Council• men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Mayor Russo stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Mayor Russo swore in the newly elected Councilmen, Messrs Charles A. Kintzinger and Clarence P. Welu. for the terms commencing the first Monday in April, 1952. 'Councilman Welu moved that Councilman Ray F. Kolb be elected ~ ~` Mayor for the ensuing fiscal year. Seconded by Councilman Schueller. '' Carried by the following vote: Yeas-Councilmen Austin, Kint- zinger, Schueller, Welu. Nays-None. Councilman Kolb not voting. City Clerk J. J. Shea then swore in the new Mayor, whereupon Mayor Kolb took the Mayor's chair. RESOLUTION NO. 162-52 Whereas, Chapter 164 of the laws of the Fifty-Fourth General As• sembly provide that the City Coun- cil shall after their first meeting after election appoint the City Manager, City Clerk, City Solicitor, Assistant City Solicitor and Police Judge; and Whereas, The City Council of Dubuque, Iowa on January 7, 1952 appointed the following city of• ficials: L. J. Schiltz--City Manager. J. J. Shea---City Clerk. Thomas H. Nelson-City Solici- tor. Robert Czizek -Assistant City Solicitor. ;. John J. Heffernan-Police Judge. ~ ' Now Be It Resolved "~ That the City Council of Du• buque, Iowa hereby confirms the appointment of the following of• ~~ ficers: ~~ ~ ~ L. J. Schiltz-City Manager. l I `hi J. J. Shea-City Clerk. Thomas H. Nelson-City Solici• ~; tor. t Robert Czizek -Assistant City dII Solicitor. John J, Heffernan-Police Judge. a Passed, adopted and approved this 7th day of April, 1952, RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, City Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Mayor Kolb then swore in the following officers: City Manager L. J. Schiltz; City Clerk, J. J. Shea; City Solicitor Thomas H. Nelson; Assistant City Solicitor Robert Czizek; Police Judge John J. Hef- fernan. Proof of publication, certified to by the publishers, of notice of pub- lic hearing on the proposed zoning and the report of the Planning do Zoning Commission recommending an Amendment to the Zoning Map to provide for the zoning of the area newly annexed to the City by Decree of the District Court dated February 7, 1952, presented 'and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Schueller moved that the proof of publica- tion be received and filed, Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 132 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, Iowa, as pro- vided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to pro- vide zoning classification for the area recently annexed to the City, 'presented and read. Councilman Welu 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 Kolb, Councilmen 204 Regular ~SioB, April 7, 1952 Austin, Kintzinger, Schluller, Welu, Nays--None. Councilman Wetu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coucil- man Austin. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, We1u, Nays-None. ORDINANCI Nt1. 17~-g'1 Aa Ordiorsps Amending and Chang• ing ibe Zoning Hap of the City of Dnbngee, tows, ea provided by Or• dlnanp No, i31, dasigaated 4~41i ordinance of the City of Dubuque so u to provide aoning classification for the area reemuy aeaeaed to the City BE IT ORDAINED BY THE CITY C~NC1L 9F THE CITY OF DU. BUQUE: section 1, That the 7,oninY Map and Z,eaSeg Ordinanos at the City of Du• baque he, and tlw same is hereby amended end changed sp as to include ail of the area mnexed to the City by Decree of the Aiskrid court of Iowa in and for Dubuque GouRty dated February 7, 1952 in Equity Cause Na. 39a:f1, engilad City of Dnbugne, Iowa vs. LeRoy Stoffel, et al; SsNlon t. 'chat aA of said area, eipupt the porttons desedbed is 6e4 tions 3 and 4 hsresf is hereby slasel• nod and deslgnate~ "Stogie r'amny Restdanee District"; fieet4e 3. That the fonowing des• coped areas Ara hereby classified and designated 'Local 8ustness Dlstrlets"; a. Co~emencinS at a point on the nerthwe 1 earner of tfie iateruetien of Cartel Road Aqd Asbury Road north- eriy nee hundred Poet aloof the weaG erly edge of Carter Road, thesue west- erly five hundred and eighty-three feet (b87') os a ifae parallel to and oas lumdrsd ,feet (100') northerly of the Asbury Road, thence southerly one hnaflred feat (i00') to the northerly wigs et the Asbury Read, thence east~ erCy five hundred and eeJigght -three feet (517') along the northeriy nne of the Asbury ltoa4 to the point of beglnNng. l1. Coa6sawnciag at Ws nprtheasterly corner of Lot 2 of 1 of 1 of 1 of 1 of Lot 152, Finley. Waplea and Burtona Addition, thence southwesterly along tbs aputheasterly aide of the De1h1 Reed a distance et three haedred and fifty feet (350'), th¢nee eoutheaat- erly at a right angle to the Delhi Road a dlstanoe of one handred feet (100') ,thence three hundred and fifty feet (759') northeasterly oa a Rne par- alld with Aaltd Road to the eestsrly lot line of yet 2 of 1 of 1 of 1 of 1 of Lot 152 Finley, Waples and Buttons AddittWr, ihente northwesterly one hundred feet (100') to the place of begiiming; c. Oe the northerly aide of the Delfii road weeteriy 4rom the inter- aectfen Af Lenoz Ayenua and Delhi Read ae area composed of Lots two to nine inclusive sad lots forty seven tp fifty inclusive all to Lenox Addi- tiae. IeNisn A 4hat the fonowleg dce• eribai area k hs~'e4Y claeaiflad cad designated "Business Olstrtct": Coe~meneMS at the westerly city omits i3lsa ~ the eenttr Hoe of u.$. Highway N0, 20, thence south to a paYd two hundred and flue feet (205') south of the center line of U.S. Atgh• way xo. 20, thence seatheasterlrr alon8 a HM parallgt tq and twp bnltdrad and five feet rfPS77 south of fly a1Ner Hne of U.S. Highway No. 90 to the west line of fpt 1 of 2 of I of 1 of George JeckAn Farm, thence south~ westerly along tfie west line of said Lot 1 of $ of 1 of l of George Jecknn Farm for a distance one twn~ dyed cad sewn vs feet 11769> tteence soutbsasterly ng a nne three hun- dred and eighty feet (890'i Beath of and parallel to tRg eaptpr Hieo Af U,B• Highway No, 20 for a distance of three hundred foal (7007, thence podh• eriy atea¢ the watarly lino of Lot 1 of 2 0 1 of i of George Jecknn Farra to the northeast eoraer of sold Let, thslsae easterly two Muadtlad and flue feet (ZO6') soath of and parallel to US. H4ghway No. 20 to the east nee of Section 27, Township a9, fJorth, gauge 2 Eaat, thence Aorth along said 3ectton line to the center nee of U.B. waY No. f0, theete aortberly alpng said Seetlon line a distance of two hundred and sixty feet (260'), theses wsateriy along a nne two hee• dyed wd saty feet 1960'') north of and parallel to 0 S. S1 way I4o. 20 to the westery City l~mib nee, thence soa<h al the wsstbrly City Limits line two WtAdred and pinety feet (8BB) to the scoter floe et U.B. Highway No. 99 to the Point of begianieg. section b. Thte OrdhuaeR shall he in inn force and effect from pod otter its ttml pawge, adoptiea and pubncation as bl' law provided. Introduced the 7th day of Aprn 1962. Rule rrtgltietpg reading oA three separate da s suspended by unani- mous vote thus 7th day of April, -1952. Passed, adopted and approved this 7t•• day 9t Ayril, 1869. RAY F. KOLB CLAR>cNCE P, WFLU CHARLES A, B:INTZINOER iil1AEN V. AUSTIN LFq ti. BCYUFiJ.Fft Councnnten Attest: J. 1. $HCA City Gerk Psbliabsd ofticiallY in The Tele- ogtrep~ral~d ~ wapaper this i4th day J.a. sIIEA lt. Ayr. 14 City Clerk Couaciln9au Welu ntovptl this adoption of the. ordinance. Sec• onded by Councilman Austin. Car• Tied by the following rote; Yeas-Miiy4tr ICOIb, Gi6tJlCtlmen AHStIA, Kintzinger, Schueller, iYdu. Nays-None. Proof of publication, certified to by the puhlichers, of entice to con• tractors of the rea<'elpt of proposals for the iroprovfifllent of idt. V~rpon Court fxoRl the west property line of South IJrandview Av,enne tv the end of the street, presented and read, Councilnlau Austin p1W'gd that the yl+oof of publication be received and filed. Seconded by Councilman S4;liueilel'. Carried by the follow- ing vote: Yeas-Mayor Kulh, fouad~en Regular Session, April 7, 1952 205 A u s t l n, Kintzinger, Schueller, Welu. Nays-None. April 7, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your in- gtpgetionl, sealed bids were re- ceived up to 10:00 A.M. on April 7th, 1952 for the construction of concrete pavement on Mt. Vernon Court. Attached is the tabulation of bids received, I recommend that the contract be awarded to the Thos. Flynn Coal Ctmtplmy of Dubuque, who submitted the lowest bid received which was 5.45 per cent under the Kngin4~er's estimate. Respectfuily submitted, L. J, SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Secronded by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 163-52 Whereas, proposals have been submitted by contractors for the improvement of Mt. Vernon Court with concrete pavement from the west property line of South Grand• view Avenue to the end of the street pursuant to Resolution No. 54--52 and 791os. Flynn Coal Com• pony of Dubuque, Iowa, contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mention- ed improvement be awarded to Thos. Flynn Coal Cmnpany of Du• buque, Iowa, and the Manager be and he is hereby directed to exe- cute acontract on behalf of the City of Dubugue for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Coun- cil. Approved and placed on file for one week on April 7th, 1952. Councilman Austin moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Afayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Notice of Claim of Arthur From- melt in the amount of $30.06 for damages to his car caused by the impassable conditions of Fink Street, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for recommenda- tion and report. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Notice of Claim of John P. M~n- ders in the amount of $7.47 for damages to his car caused by a faulty sewer intake alongside of the Ganz Store at the intersection of ~ 13th Street and Central Avenue, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for recommenda- tion and report. Seconded by Coun- Gilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen ' Austin, Kintzinger, Schueller, Welu. Nays-None. Notice of Claim of Mrs. L. D. Donovan in the amount of $5,000.00 for injuries received in a fall caused by an icy and defective curb step at the Northwest corner of the intersection of Alta Vista and !Fifth Streets, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman 'Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Original Notice of Suit of Dar- 206 Regular Session, April 7, 1952 relle and Marian Moore, Plaintiff vs. City of Dubuque, Defendant, in Petition of Braconier Plumbing and Heating Company asking ap- the amount of $5,500.00 for dam- proval of Certificate of Insurance ages to real estate and personal and permission to excavate in the property resulting from the burst- in f streets and alleys of the City of g o a water main under the street in front of the home located Dubuque, presented and read. at 2862 Brunswick Street ~ Present- ed and read Councilman Austin moved that the petition be granted. Seconded , Councilman Austin moved that by Councilman Schueller. Carried by the following vote: the Original Notice of Suit be re- ferred to the City Solicitor Sec• Yeas-Mayor Kolb, Councilmen , onded by Councilman Schueller. Austin, Kintzinger, Schueller, Welu. Nays-None Carried by the following vote: . Yeas-Mayor Kolb, Councilmen Petition of Seubert & Fester ask• Austin, Kintzinger, Schueller Welu 1Dg permrssion to excavate in the , . Nays-None. streets and alleys of the City of Original Notice of Suit of Marian Dubuque, presented and read. Moore, Plaintiff vs. City of Du- buque, Defendant in th Councilman Austin moved that the petition be granted Seconded , e amount of $5,000.00 for damages resulting . by Councilman Schueller. Carried from personal injuries and disease by the following vote: caused by a bursted water main which flooded the basement and Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller Welu home at 2862 Brunswick Street, , . Nays-None. presented and read. Councilman Welu moved that Petition of Louis Buechel re- questing permission to excavate in the Original Notice of Suit be re- the streets arrd alleys in the City ferred to the City Solicitor. Sec• onded by Councilman Schueller of Dubuque, presented and read, Councilman Au ti . Carried by the following vote: s n moved that the petition be granted Seconded Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller Welu . by Councilman Schueller. Carried by the following vote , . Nays-None. Notice of Claim of Larry Vize in : Yeas-Mayor Kolb, Councilmen Austin, Kintzinger Schuell W l an unstated amount for damages , er, e u. Nays-None. to his car caused in striking a pro truding manhol Petition of Curtis-Straub Com- e cover in the al- ley between Sheridan Street and Pany requesting authorization to excavate in the streets of th Ci Goethe Street, presented and read, e ty of Dubuque, presented and read Councilman Welu moved that the Notice of Claim be referred to the . Councilman Austin moved that the petition be ra t d S City Solicitor for investigation and g n e , econded by Councilman Schueller Carried report. Seconded by Councilman . by the following vote: Austin. Carried by the following vote: Yeas-Mayor Kalb, Councilmen Yeas-Mayor Rolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None Austin, Kintzinger, Schueller, Welu. . Petition of Geo. I. Beaves Plumb Nays-None. Notice of Claim of Mrs. John P. - ing and Heating requesting permis- lion to excavate in th Murray in the amount of $20.00 for damages to car caused i i e streets, avenues, alleys and other bli n str king an iron piece covering a drain Pu c places in the City of Du• buque, presented and read over the sidewalk just next to the Grand Theatre at 125 Ei hth A . Councilman Austin moved that th g v- enue, presented and read, Councilman Welu moved th t h e petition be granted. Seconded by Councilman Schueller. Carried b a t e Notice of Claim be referred to the y the following vote: Yeas-Mayor Kolb Councilmen City Solicitor for investigation and , Austin, Kintzinger Schueller Welu report. Seconded by Councilman Austin. Carried by the following , , . Nays-None. Petition of Mrs, Hattie M Ben- vote: Yeas-Mayor Kolb, Councilmen . nett in regard to a piece of land which belongs to the City and ex- Austin, Kintzinger, Schueller, Welu. Nays-None tends in front of her property , known as Lots 8 and 9 in Rosedale Regular Session, April 7, 1952 207 Addition No, 2 on Rosedale Avenue Program on August 10, 1952 in the and requesting Council to deed same area and under the same con• this piece of land to her as prev- ditions as was granted in previous 1 omised by the City, pre- years, presented and read. roux y Pr sented and read. Councilman Austin moved that the petition be referred to the Council to view the grounds. Sec• onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. Petition of Chester C. Schmitt re- questing permission to extend the sanitary sewer from the existing manhole, which is 383 feet East of the center line of Windsor Avenue, for a distance of 85 feet to serve Lot 1 of 2 of 4 of the N.E. Quarter of Section 13, Township 89 North, Range 2, East of the 5th P.M., pre- sented and read. Councilman Welu moved that the request be granted and proper proceedings prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen >' Austin, Kintzinger, Schueller,Welu. Nays-None. Petition of Leroy Stoffel and Wife requesting the extension of city street lights on West 32nd Street, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Electrical In- spector for their recommendation and report. Seconded by Council- -' man Austin; Carried by the fol• y lowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller,Welu. Nays-None. Petition of J. E. Kringle request- ing that the balance of Lots 14 and 15 in Finley, Waples and Burtons ~ Addition be zoned into a commer- ' ' cialized district, presented and ~ ~ read. ;~~, Councilman Welu moved that "" the petition be referred to the Planning and Zoning Commission r I , for their recommendation and re- port. Seconded by Councilman Aus- ~. ;I tin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen ' j~i~` Austin, Kintzinger, Schueller, Welu. I'; Nays-None. lire Petition of The Dubuque Boat ~ Club Inc. requesting permission for ;i ' the holding of an Outboard 1Zacing Councilman Schueller moved that the request be granted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Mrs. Mary Hier re- questing suspension of the 1951 tax on the North 24 feet of East 170 feet of Lot 374 of Davis Farm Ad- dition, presented and read. Councilman Welu moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Mrs, .John M. Kap• paros and others requesting the improvement of Marmora Street in the new annexed section of the City, presented and read. Councilman Welu moved that the petition be referred to the City Manager. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, Petition of the Daughters of Union Veterans of the Civil War asking permission to sell small tags on the evening of June 6th and the day of Juno 7th, 1952, pre- sented and read. Councilman Welu moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Mrs, Clarence Splint- er and others requesting the in• stallation of street lights on Prim• rose and Keokuk Streets and also on Primrose and Kane Streets, pre- sented and read. Councilman Schueller moved that the petition be referred to the City Manager and Electrical In- spector for their recommendation and report. Seconded by Councii- 208 Regular ~rsalon, April ?, 1932 man Auslih. Carried by the follow ing vote; Yeas-illayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of H. S, Levels Jr. and others requesting that curb and gutter be constructed on Whelan Street from Grandview Avenue to Bradleq Street, presented and read. Councilman Welu moved that a plat and schedule be prepared cov- ering the request. Seconded by Councilman Austin. Carded by the following vote: Yeas-Mayor Kolb, Councilmen Aastin, Kintzinger, Schueller, Welu. Nays--None. Petition of Fay Thomas Steger and others, owners of real estate abutting on that portion of Delhi Street extending southwesterly from the present terminal of the City Water Main, requesting that the water mains be extended from its present terminal southwesterly to the City Limits, presented and read. Councilman Welu moved that a plat and schedule be prepared cov- ering the request. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Rintzinger, Schueller, Welu. Nays-None. April 7, 1952 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: With reference to the attached petition of the Geo. Bock Company asking that their property on U: S. Highway No. 20, now Dodge Street in the newly an- nexed area, be zoned as Light In- dustrial District, the Planning and Zoning Commission respectfully recommends denial of this petition. The recommendation previously sent to your honorable body in• claded this lot in a Business Zone in which a public garage could be a permissable use. Respeetfullq submitted, Planning & Zoning Commission By Richard V. McKay Secretary Councilman Austin moved that the recommendation of the Plan• Wing and Zoning Commission be approved. Seconded by Councilman Schueller, Carried by the follow ing vote: `leas-Mayor Kolb, Coancilmen Atu;tin, Rintzinger, Schue4er, Welu. Nays-None. Petition of Lloyd Burkart and othera, property owners in the vicinity of Burkart's Subdivision on new tT. S. Highway No. 20, Du- buque, Towa, objecting to the grant- ing of the application of Earl Bock, an adjoining tend owner, to the zoning of the Bock property, or ad- jacent property to the Bock prop- erty, as a light industrial area, pre- sented and read. Councilman Austin moved that the petition be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas--Mayor Kolb, Councilmen Austih, Rintzinger, Schueller, Welu. Nays-None. Petition of Harold Kronfeldt and John Osterhous requesting Council to take action in the matter of the unsanitary condition existing at 2524 Elm Street the property of Alfred and Lucille Bleile, present• ed and read. Councilman Schueller moved that the petition be received and filed. Seconded by Coancilmen Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nags-None. Petitioa of Melvin Kaune and others requesting that the section of Edith Street West of Burden Avenue between Burden Avenue and Brunswick Street be improved with curbs and gutters and some type of hard surface, presented and read. Councilman Schueller moved that a plat and schedule be prepared Covering the request providing that proper waivers are secured, Sec- onded by Coancilmen Welu. Car• ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays--None. Petition of Thomas E. Nacos re- questing arefund on the unused portion of his ciragette permit, as he has discontinued business on April 1, 1982, presented and read. Councilman Welu moved that the request be granted providing that licenses are returned for cancella- tion. Seconded by Councilmen Aus- ~ ~~I~. ~•~~ . i" ~~~. i~` ~~ {'~ s, E Regular Session, April 7, 1932 ....209 tie. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Anson, Kintsinger, Schueller, Weiu, Nays-Nerve. Petition of l;rwin M. Grab re• questing a refund in the amount of $150,00 on the unexpired portion of his Class "B" Beer Permit No. 155, as he has discontinued busi- ness on March 22, 1952, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $130.00 in favor of lErevin M. Grab to cover the amount of refund granted on the unexpired portion of his Class '`B" Beer Permit No. 155. Second• ed by Couneitrnan Austin. Carried by the following vote: 3feaa-Mayor Kolb, Councilrr-en Austin, Kintzinger, Schueller, Welu. NyYs-None. petition of Helen Steffenrequest- iA,g arefund in the amount of $25,DA on the unexpired portion of her Cigarette Permit No. ??, as she has discontinued business on February 4, 1952, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Helen Steffen to cover the amount of refund granted on fire unexpired portion of her Cigar- ette Permit No. 7?. Seconded by Councilman Weiu. Carried by the following vote: Yeas-Mayor Koib, Councilmen Aus#in, Kintzittger, Schueller, Welu. Nays-Norte, Petition of Helen Steffen request• ipg a refund in the amount of $,50.00 on the unexpired portion of her Class "B" Beer Permit No. 35, as she has discontinued busi- ness on February 4, 1952, present• ed and read. Councilman Austin moved that the request be granted and the City Auditor instnucted to draw a warrant io the amount of $50.00 in favor of Helen Steffen to cover the Amount of refund granted on the uneapitv'd pnrkion of her Class "B°' Peer Permit No. 3.R. Seconded by Councilman Schueller. Carried by the following vote: YCas--Mayor iSoib, C+nnnciimen Austin, Kintranger, riehueller, Welu. Nays,None. Petition of Frank and Anna Klein requesting a refund in the amount of $50.00 on the unexpired portion of their Class "B" Beer Permit No. 59 as they have dis• conkinued business on March 31, 1958, presented and read. Councilman Schueller moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Frank and Anna Klein to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 54. Seconded by Councilman Aus- tin. Carried by tl~ following vote: Ye~t...'1rlayar Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Wm. L. Becker re- ef $25.00 onrthenunexpired portion of his Cigarette Permit No. 141 as he has discontinued business on March 29, 1952, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant iur the amount of $25.00 in favor of Wm. L. Becker to cover the amount of refund granted on the unexpired portion of his Cigar• ette Permit No. 141. Seconded by Councilman Schueller. Carried by the following vote: Yeas-.Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Aiays-None. Petition of Frank and Anna Klein requesting a refund in the amount of $26.00 on the unexpired portion of their Cigarette Permit No. 205, as they have discontinued business on March 31, 1952, presented and read. Councilman Austfn moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Frank and Anna Klein to cover the amount of refund granted qn the unexpired portion of their Cigarette Permit No. 205. Seconded by Councilman Schueller. Carried by the following vote: Yeas-r]~ayAr Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Alaysr-Nut~e. Petition of Charles C. Scherrer requesting a refund in the amount of $25.00 on the unexpired portion 210 Regular Session, April 7, 1952 of his Cigarette Permit No, 215, as he has discontinued business on March 31,1952, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Charles C. Scherrer to cover the amount of refund grant- ed on the unexpired portion of his Cigarette Permit No. 215. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of John J. and John M. Baumgartner requesting a refund in the amount of $25.00 on the unexpired portion of their Cigarette Permit No. 29, as they have discontinued business on March 31,1952, presented and read. Councilman Austin 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 J. and John M. Baum- gartner to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 29. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller.Welu. Nays-None. Petition of John M and John J. Baumgartner requesting a refund in the amount of $100.00 on the unexpired portion of their Class "B" Beer Permit No. 94, as they have discontinued business on March 31,1952, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a war• rant in the amount of $100.00 in favor of John"M. and John J. Baum- gartner to cover the amount of re- fund granted on the unexpired por- tion of their Class "B" Beer Permit No. 94. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Mrs. Rhea Bournias requesting a refund in the amount of $25.00 on the unexpired portion of her Cigarette Permit No. 165, as .she has discontinued business on March 31, 1952, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Mrs. Rhea Bournias to cover the amount of refund grant- ed on the unexpired portion of her Cigarette Permit No. 165. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kolb, Councilman Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of John J. and Marie Rettenmaier requesting a refund in the amount of $25.00 on the un• expired portion of their Cigarette Permit No. 272, as they have dis• continued business on March 31, 1952, presented and read. Councilman Austin 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 J. and Marie Ret• tenmaier to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 272. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were issued during the month of February, 1952, presented and read. Councilman Austin moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. ORDINANCE N0. 10-52 An Ordinance granting to Du- buque American Legion Building Corporation, Dubuque, Iowa, its successors and assigns, the right to construct and maintain stairway and platform in the alley between Main and Locust Streets between Third and Fourth Streets, adjacent to ,its building and prescribing the conditions of such permit, said ordinance having been passed upon first reading on March 22nd, 1952 and ordered placed on file with the City Clerk and remain on file Regular Session, April 7, 1952 211 for public inspection for at least one week before final adoption, was presented for final adoption. ORDINANCE N0. 10--52 An Ordinance granting to Dubuque American Legion Bonding Corporation, Dubuque, Iowa, its successors and as- signs, the right to construct and maintain stairway and platform in the aney between Matn and Locust Streets between Third and Fourth Streets, adjacent to its bonding and prescribing the conditions of such per- mit. Be it ordained by the city council of the City of Dubuque: Seatlon 1. That Dubuque American Legion Bonding Corporatiox, its sue• cessors and assigns, be and it is hereby granted the right and permission to construct and maintain an exit stairway and platform in the alley between Main and Locust Streets and between Third and Fourth Streets, next adjoining its bonding on the cor- ner of Fourth and Locust Streets, said exit stairway and platform to extend into the alley not more than five (51 feet. Section 2. That such stairway and platform shall be constructed under the supervision of the City Manager; Section 3. It is understood and pprovided that the right and permission to use and occupy such portion of the alley for the purpose herein stated is subject to the continuous control of the City Council of this City, reserving the right to said Coun• ell to impose restrictions or condi- tions upon the enjoyment thereof as may be reasonably necessary for the protection of the public interest, in• eluding the right to revoke and rescind such right and permission if at any time the public should require such revocation; Section 4. As a further consideration for the right and privnege herein granted said Dubuque American Le• gion BuRding Corporation, its success- ors and assigns, shall assume all lla- bnity for damages to persons and-or property which might result from the construction or maintenance of said structure and said Dubuque Amerl• can Legion Building Corporation, at its own expense, agrees to defend any and an claims and actions which may be brought against the City be• cause of or in connection with the structure herein referred to, and should the City be required to pay any amount for damages because of Bald structure, or anything connected therewith, the Dubuque American Le• gion Building Corporation agrees to reimburse the Clty therefor, and hold the City harmless from any such dam• ages. Section S. Should the rights and privileges herein granted be re~cind- ed or revoked, said Dubuque Ameri• can Legion Building Corporation, its successors and assigns, at its own expense and upon receipt of thirty (30) days notice, shall remove the structure herein authorized and res• tore the alley to as good condition as it was before such structure was constructed; Section 6. This Ordinance shah be• come effective upon its final nassa¢e, adoption and approval by the City Councll, pubneation as provided by law, and the rights hereunder shall accrue to Dubuque American Legion Bonding Corporation, Its successors and assigns, when this Ordinance has been accepted by said Corporation, which acceptance shall be attached hereto, and when the cost of publish- ing the same has been paid by said corporation. Passed, upon first and second read- ings this 22nd day of March, 1952. Passed, adopted and approved upon final reading this 7th day of April, 1952. Ray F. Kolb, MAYOR Clarence P. Welu Charles A. Kintzinger Ruben V. Austin Leo N. Schueller COUNCILMEN Attest: J. J. SHEA City Clerk ACCEPTANCE OF ORDINANCE N0. 10-51 The Dubuque American Legion Build• ing Corporation having knowledge of all the terms and conditions of Or• dinance No. 10--52 hereby accept Or- dinance No. 10--52 as adopted by the City Council of the City of Dubuque and agree to abide by all of the terms and conditions thereof. Uated this 10th day of Aprll, 1952. DUBUQUE AMERICAN LEGION CORPORATION By Leo J. Chambers -President John J. Heffernan~ecretary Published officially in The Telegraph- Herald newspaper this 14th day of April, .1952. J. J. Shea lt. Apr. 19 Clty Clerk. Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 14-52 An Ordinance granting to the Independent School District of Dubuque, Iowa, its successors and assigns, the right to construct and maintain a six (8) inch cast iron sewage force main beginning at a point on the south property line of Pennsylvania Avenue at the intersection of Green Street Ex- tension and Pennsylvania Avenue; from thence northeasterly to a point ten (10) feet west of the centerline of Green St. Extension; thence continuing northeasterly along a line parallel to and ten (10) feet west of the centerline of Green Street Extension to a point eighteen (18) feet west of the east line of Bunker Hill Street; thence six hundred twenty-two (622) feet northerly and along a line parallel to, and eighteen (18) feet west of the east line of Bunker Hill Street to the terminal point at an existing manhole, being fifty-five (55) feet north of the center line of Finley Street, pre- scribing the conditions of this 2T2 14t~u1ar Session, April 7, 1952 grant and regulating the use of said sewer, presented and read. Councilman Welu moved that the reading jest had be considered the first reading of the ordinance. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Rotb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas-Mayor Roib, Councilmen Austin, Rintzinger, Schueller, we1u. Nays-None. Councilman Welu moved that the ordinance just read being an ordinance granting the right to use or occupy a street be now con. sidered in ;form for final passage and further move that the same be placed on file with the City Clerk and remain on file for pub- lic ingpection for at least one week before final adoption. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays None, March 28, 1952 To the Honorable Mayor, City Council and City Manager, Dubuque, Iowa. Gentlemen: In accordance with instructions contained in the Resolutions listed below, I wish to report as follows: IEESOLUTION N0. 260--51 Simpson-Coates Sheets Sanitary Sewer Lift Station and Force Main Bonds. Authorized $15,218.87. Sold $3,500:00 at public sale of Sept. 27, :1951. $3,500.00 ..Par plus $52.50 premium plus dnterest. Five bid. dens present. No sealed bids. RES<QUUTION N0. 558-51 5imgason~Coates Streets Sanitary Sewer Laterals Bonds, Authorized $24;180.15. Sold $10;000.00 at :pub. lic safe oa Nov. 23, 1951 for par plus $110;00 premium plus inter- est. Five bidders present. One sealed bid. RESSOLUTION NO. 945=51 Kane Strreet Sanitary -Sewer Bands. Authorized $2,041,5(1, bold $800,00 at public sale on Dec. 3.&, 1951 £tr par .plus $13,04 preminrn plus interest. Two bidders present. One sealed bid. RESOLUTION N0.385-51 Balke Street (curb 4z gutter) Im• provement Bonds. Authorized '$2,- 943.26. Sold $1,400.00 at public sale on Dec. 28, 195'1 for par plus $24.50 premium plus interest. TNo bidders present. Tea sealed bids. RESOLUTION N0. 383-51 Balke Street (asphaltic macadam) Improvement Bands, Authorized $1,728.67. Sold $500.00 at public sale on Dec, 28,.1851 for par plus $5.00 premium plus interest. One bidder. Two seoled bids. RESOLUTION NO. 391-51 Garfield Ave. (Curb & Gutter) Improvement Bonds. Authored $1218,?2. Sold :$400.A0 at public sale of Dec. 28, 1951 far par plus $8.00 premium plus interest. Two bidders. lie sealed bids. RESOLUTION N0. S8i'~51 St. Joseph Street (curb k gutter) Improvement Bonds. Authorized $3,150.33. Sold $2;200:00 at public sale on Dec. 28, 1951 for par plus $44.00 premium plus interest. Three bidders, Two Sealed bids. RESOLUTION N0. 389-51 St. Joseph Street {asplraltfe ma• cadam) Improvement Bonds. Auth- orized $1,410.01..Sold $700;00 at public sale on Dec. 26, 1951 for par plus $7.00 premium plus in- terest. One bidder. Two sealed bids. RESOLUTION NO. 381-51 Tressa Street (curb & .gutter) Improvement Bonds, Authorized $834.05. Sold $800.00 at public sale on Dec. 28, 1952 for par plus $16.00 premium plus dnterest. Four bidders. One sealed bid. RESOLUT~N NO. 416-51 Fairway Drive (aa~b i& gutter) Improvement Bonds. Authorized $9,7$0:42. SoM `$900;00 at public sale on January 24, 1952 for par plus $16.00 premium plus interest.. Three bidders. One sealed bid. RESOLUTION N0. 418--•51 Groveland Place (curb & gutter) Improvement Bonds. Authorised $3,059.ZB. 'Sold $1,800.00 at public sale on January 24, 1952 for par plus $36.00 premium .plus interest. FivE bidders. No :sealed bids. Regular Session, April ?, 1952 213 RESOLUTION N0. 414-5tter Alarion Street (curb & gu ) ImPr~'~e~ Bonds, Authorized $rJ,910.41. Sold $3,000.0(1 at public aal!e on Janaary 754, 1952 for par ~ $9t1,B0 premium plus interest. 3i~r bidders: One sealed bid. RESOLUTION N0. 420-51 M'eierran Street fcm'b & gutter) Improvement Bonds. Authorized $2,6'99.64. Sold $124~1952tfor par sale on January etas $46,40 premium plus interest. hive bidders. No sealed bids. RggOLUTEON N0. 422-5T Psul Street Sanitary Sewer Bonds. Authorized $1,599.40. A pul>b'tc gale aas keld on January 7A,,19b2 and na bids were received for these bends". Treasurer unable is find a purchase at private sate. Treasurer has bonds in Safe De- posit Box in vault at Dubuque Bank & Trust Ce. RESOLUTION N0. 9-52 Groveland Place (asphaltic ma- cadam) Improvement Bonds. Auth- orized $1,698.90. Sold $700.00 at public sak on February Z8, 1952 for par p)a~s interest. One bidder, No sealed bids. were offered for 'sale after proper notices were published in the Telegraph-Herald. RESOLUTION N0. 7-52 Tressa Street asphaltic macadam improvement. The total cost of this improvement was $135,00 and the City Treasurer collected $56.97 frown the owners of property sub. ject to this assessment. Owners who chose to pay ors the install. meet plan have payments to pay Marck 31, 1953 ward March 31, 1954 plus 5% interest. Due to the small amount involved in this improve- ment ao bonds were issued. The city is the contractor far this im- provement.. Respectfully submitted, EDWARD D4. TSCHD3GI, Citp Treasurer. Councilmen Welu moved that the report of City Treasurer be received and made a matter of record. Eeconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Rolb, Councilmen Austin, Rintzinger, Schueller, Welu. Nays-None. March 28, 1952 Te the Honorable Mayor, City Council and City Manager. u RESOLUTION N0. 11-52 R McI.enan Street (asphaltic ma- cadam) Improvement Bonds. Auth- prized $1,437.53. Sold $600.00 at ~ public sale on February 28, 1952 for par plus interest. One bidder. No sealed bids. RESOLUTION N0. 29-52 I 1, Buena Vista Street (curb & gut. ter) Improvement Bonds. Author- ized $2,747.25. Sold $1,400.00 at public sale on March 26, 1952 for lus $43.75 premium plus in- p Par terest. Five bidders. Two sealed bids. RESOLUTION N0. 21-52 Napier Street (curb & gutter) Improvement Bonds. Authorized $2',791.45. Sold $1,400.00 at public sale on March 26, 1952 for par p#as $36.40 premium plan interest. Farr bidders. Two sealed bids. ~f RESOLUTION N0. 3i-52 Snilivan-Levi Streets Sanitary ~~; Sewer Bonds. Authorized $2,486.85. Sold $2,200.00 at public sate on March 26, 1952 for par plus $33.00 premium plus interest. Four bid. dens. No sealed bids. All the above issues of bonds RESOLUTION N0. 23-52 Gentlemen: I wish to report that under Sec- tion 2 of the above Resolution the entire issue of $167,000.00 Fire Station Bonds, bearing 23/a°lo in- terest and dated February I, 1952. was sold at private sale to Quail & Co., Davenport, Iowa and Becker and Cownie, Inc., Des Moines, Iowa for par plus accured interest. Delivery was made on February 29, 1952 and payment was re- ceived on the same date. Respectfully submitted, EDWARD M. TSCHH{GI, City Treasurer. Councilman Austin moved that the report of City Treasurer ~ Tschirgi be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas--Mayor Rolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. 214 Regular Session, April 7, 1952 April i, 1952 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: On March 13, 1952, a claim for damages to clothing sustained in a fall on the sidewalk in front of 549 West Fifth Street, on March 10, 1952, was filed with the City Clerk by Mrs, Hilda Poole. The claim alleges that claimant trip• ped over an iron barred culvert which extends across the width of the sidewalk. Said claim was re• ferred to this office for investiga- tion and report. After due investigation, it ap- pears that the claim, which is in the sum of $10.75 is a just one, and should be paid. It is, therefore, respectfully recommended that the City Auditor be instructed to draw a warrant for $10.75 in favor of Mrs. Hilda Poole, to be delivered to her upon the execution of a proper release. Respectfully submitted, R. M. CZIZEK, Assistant City Solicitor. . Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $10.75 in favor of Mrs. Hilda Poole, as settlement in full of her 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 follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 1, 1952 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa, Gentlemen: On March 17, 1952, a claim in the sum of $24.95 for a fire and tube, was filed with the City Clerk by Jack Needham, alleging that the lire and tube on his car were ruined when he hit a ditch on Fink Street on the evening of March 6, 1952. Said claim was re- ferred to this office for investiga- tion and report. After due investigation, it ap- pears that Fink Street has been subjected to unusually heavy truck traffic in connection with the de- tention project, and the street is rough but passable. Anyone using the street should be aware of its condition and pass over the same slowly. It is the opinion of this office that no negligence existed upon the part of the City of Dubuque in the maintenance of Fink Street which contributed in any fashion to the damage claimed and, it is therefore respectfully recommend- ed that the claim be denied. Respectfully submitted, R. M, CZIZEK, Assistant City Solicitor. Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be approved. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 1, 1952 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: On March 20, 1952, a claim in the sum of $27.53 for a lire and tube, was filed with the City Clerk by Albert Henkeis, al- legingthat the fire and tube on his car were ruined when he hit a rough spot on Fink Street on the evening of March 7, 1952. Said claim was referred to this office for investigation and report, After due investigation, it ap- pears that Fink Street has been subjected to unusually heavy truck traffic in connection with the de- tention project, and the street is rough but passable. Anyone using the street should be aware of its condition and pass over the same slowly. It is the opinion of this office that no negligence existed upon the part of the City of Dubuque in the maintenance of Fink Street which contributed in any fashion to the damage claimed, and, it is therefore respectfully recommend• ed that the claim be denied. Respectfully submitted, R. M. CZIZEK, Assistant City Solicitor Councilman Austin moved. that Regular Session, April 7, 1952 215 the recommendation. of Assistant City Solicitor Czizek be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 5, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Some time ago a re- quest was made to the City Coun- cil for the improvement of East 16th Street and Sycamore Street. Before these streets are improved, consideration should be given to the construction of a sanitary sewer system in the area east of the rail- road tracks and extending from Twelfth Street to A'ineteenth Street. At the present time there are no sanitary sewers in this area and it will be necessary to con- struct them to eliminate dumping of sewage into the river when a sewage disposal plant is construct- ed. Preliminary plans have been pre- pared for this project and I recom- eted mend that the plans be compl , plat and schedule of assessments prepared and construction started as soon as practical. Respectfully submitted, L, J. SCHILTZ, City Manager j ~ Councilman Welu moved that the • 7 I~`` recommendation of City Manager Schiltz be approved. Seconded by ' Councilman Austin. Carried by the following vote: __ Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. u Nays-None. i~ April 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of John A. Glaser and others requesting that curb and gutter be constructed adjacent to their property in the 2700 block of Brunswick Street and that the city at no expense to them surface the street with crushed rock was referred to the City Man• ager and City Engineer for recom- ~~ mendation and report. ~` The City Engineer investigated the feasibility of curb and gutter and finds that the improvement is practical and necessary. The street, ~~ ~ however, should be constructed with asphaltic macadam surface in ~ ICS order that proper drainage can be maintained and the surface mater- ial remain in place. I recommend that approval of the petition concerning curb and gutter, and that the street be sur- faced with asphaltic macadam sur- facing and all costs to be assessed against the benefited property own- ers. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of George Gabel and others request- ing the installation of a street light on Pinard Street between 28th and 29th Streets was referred to the City Manager and Electrical Inspector for recommendation and report. At the present time there are street lights at the intersections of all streets between 25th and 30th Streets and from Jackson to Pinard Streets. All of these blocks are the same length and inter- mediate lights have not been in- stalled, I am at the present time investi- gating the lighting system through- out the city to determine if addi• tional lights are needed and are practical. My recommendation is that ac- tion on this petition be deferred until the lighting condition in this whole area is investigated. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, April 2, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen, The Traffic Institute 216 Itegslar Session,. App 7, 19'52 of Northwestern University is con• ducting a new course in Accident Investigation beginning May 18th and ending June 6th. Mr. Hugh Callahan, Chief of Police, has requested permission to select a man to attend this course as it is very beneficial to the Police Department and the City to have trained men in this field. The Traffic Institute of 1Vorthlvestern University is recog• nized as outstanding in this work. I recommend that this request be granted and the City pay all the expenses for the officer select- ed. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kalb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 2, 1952 To the honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached hereto is a letter submitted to the Board of Engineers for Rivers and Harbors setting out conditions in the City of Dubuque during the times that the Mississippi River is above flood stage. According to your authorization, I am preparing to appear before this Board on April 10th to explain orally the flood control report and request authorization for study by the Carps of Engineers. Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Austin moved that the communication of City Manager Schilta be received and made a matter of record. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 2, 1952 To the Honorable ldayor and City Council, Dubuque, Iowa Gentlemen: The terms of Louis Stoffregen and d. H. Schiltz as members of the Planning and Zon- Ing Comrniseion expire May 24, 1952. The term of effice for this commission is five years. Respectfully submitted, L. J. SCHILTZ, Citp Manager Councilman Schueller moved that Mr. Louis Stoffregen and Mr, d. H. Schiltz tie reappointed as mem- bers of the Planning and Zoning Commission for terms of five years, said terms expirinY May 24, 1957. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays--None. Apri17, 1952 To the Honorable Mayor and Citp Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond and paIicfes and .desire to have your approval on same far filing, subject to approval of the City Solicitor. TAXI-CAB Art Pitz, (City Cab Company) 2955 Washington Street, Policy No. 57196 National Indemnity Com- panq. EXCAVATION Seubert & Fesster, 1603 Central Avenue, United States Fidelity & Guaranty Co. Braconier Plumbing & Heating Co. (W. Irvin Champion, Owner), 1091 University Avenue, Policy No. 4436, Indemnity Insurance Co, of North America, Curtis-Straub Company, 1072 Locust Street, Policy No. PC •13551 Central Surety & Insurance Cor- poration. Larson Construction Co., 952 Mt. Loretta Avenue, Policy No. Li 1.015385, Iowa Mutual Casualty Co. George I. Beeves Plbg. & Heating Co., 2531 Windsor Avenue, Con- tinental Casualty Co, Respectfully submitted, L, d. SCHILTZ, City Manager Councilman Welu moved that the bond and policies be approved and placed on file. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Anstin, Kintzinger, Schueller, Welu, Nays-None. April 7, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentleaen: This is to advise that Regalar Session, A~r~l 7, 1932 21'1 I Dave approved the following pol- icy and desire to have your ap- proval on same ufrthl CgtysSolicr• to the appro tor: EIC^CAVATION Louis Buechel, 2230 Central Av enue, Policy No. SMC 187020, United States Fidelity & Guaranty Co. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman ~Welu moved that the P~3' be approved and placed an file. Seconded by Councilman Aus- tin. Carried by the following vote: rpey~s.-~lgayor Kolb, Councilmen Austin, tiint¢inger, Schueller, Welu, Nays-None, April T, 1952 To t3-e Honorable Mayor and City Council, Dubuque, 3owa. Ge~rtlemen:.Qn March 6, 1952, d-e undersigned -committee, to- gether with the Building Commis- siorrer, made an inspection of the building located at _the rear of the premises known as 678 Central Avenue and situated on .parts of City Lots 289A and 290A, and here- with submit a report of our find- fngs: A thorough examination of the building discloses that the founda- tion has failed causing large verti• cal and diagonal cracks throughout the building. The north wall rear portion was :built on a wood sill and this has rotted and no",longer is capable of definite support. An effort has been made to tie the building together with rods and plates but cannot replace the sup- port needed by proper foundation. This building has depreciated to more than seventy .per cent of its original value and therefore in view of .the above it is our recommen• elation that to protect the safety of the public and the users of this property this building be condemn- ed as a nuisance and a dangerous structure. Yours very truly, DONALD J. .BANDY, Building Commissione F$ED FIGHTER, FRED W.SCHROEDER, J. H. SCHILTZ Councilman Austin moved the the .recommendation of the Con demnation Cmnmittee and th Building Commissioner be approv- ed. Seconded by Councilman Welu. Carried by the following vote: Yoas-ldayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. R$6QLUTtON NC. 164-54 Whereas, pursuant to the direc- tion of this body, the BuIlding Cornrrrissiouer and a committee composed of Fred Fichter, Fred Schroeder and Harry Schiltz on 1[arrh 6, 1952 made a thorough in• vestigatian of a certain structure located at the rear of the premises kiaown as 678 Central Avenue and situated on parts of City Lots 289A and 29AA; and, Whereas, the Building Commis- sioner and said committee have heretofore on Apri17, 1952 filed a report of their findings from said investigation which report is now on file with the City Clerk and which report recommends that said structure be declared a nuisance and abated as such; and, Whereas, it appears that Henry F. Feye, Florence Feye, Carl Feye and N. J. Loos Estate are the own- ers of said structure; Now, Therefore: Be It Resolved by the City Coun• cil of the City of Dubuque: Section 1. That the Building Commissioner of the City of Du• buque be, and he is hereby directed to prepare and serve upon Henry F. Feye, Florence Feye, Carl Feye and N, J. Loos Estate, written no• lice commending them to appear be€ore the City Council of the City of Dubuque at a meeting to be held at 7:30 P.M. on the 5th day of May, 1952, in the City Council Chamber in -the City of Dubuque, and show cause, if any they have why said building should not be declared a dangerous structure, a nuisance and abated. Passed, approved and adopted this 7th day of April 1952. RAY F. KOLB, Mayor CLARENCE P. WELU, CHARLES A. KINTZINGER, r RUBEN 'V, AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, t i City Clerk Councilman Welu moved the e I adoption of the resolution. Second- 218 Regular Session, April 7, 1952 ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 99--52 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 63--52 which was duly passed by this Council, for the im- provement of Adeline Street from the East property line of Grand- view Avenue to the west property Yine of Ramona Street be and the same are hereby ordered and con- structed by this Council upon its own motion and without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying with- in the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds, Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipa- tion of deferred payments of assess- ments asprovided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 10 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Passed, adopted and approved this 7th day April, 1952. RAY F. KOLB, Mayor CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution, Second• ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 101-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 66-52 which was duly passed by this Council, for the improvement of Apple Street from North property line of Cleve- land Avenue to the south property line of Oak Street be and the same are hereby ordered and con- structed by this Council upon its own motion and without the peti- tion of property owners. All the work shall be constructed in as cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor• lion to the special benefits con• ferred, and any deficiency will be paid out of the improvement, or sewer funds of the city, or partly from each of such funds. Pay- ment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council, Be It Further Resolved that the ~. k ;, 14~ ~` ~ G Regular Session, April 7, 1952 219 City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner provided by law, the said improve- ments shall be completed on or before 10 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall ' be in force and effect from and after its passage and adoption by the City Council. Approved and placed an file for final action this 22nd day of March, 1952. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, (Ordering Construction) RESOLUTION N0. 103-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 69-52 which was duly passed by this Council, for the improvement of the west side of Cross Street from the south property line of Coates Street to the north property line of Simp- son Street be and the same are hereby ordered and constructed by this Council upon its own motion or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of said improve- ments be paid for by levying privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor lion to the special benefits con- ferred, and any deficiency will be paid out of the improvement funds of the city, or partly from each of such funds. 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 here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 10 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 105-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 72-52 which was duly passed by this Council, for the improvement of Decatur Street from east property line of Rhom- berg Avenue to the west property line of Garfield Avenue be and the same are hereby ordered and constructed by this Council upon its own motion and without the petition of property owners. All the work shall be constructed in 220 ~ Regular Session, April 7, 1952 accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the improvement, or sewer funds of the city, or partly from each of such funds, Payment will be made to the contractor out of street funds realized from the sale of bonds to be issued in anticipa- tion of deferred payments of as- sessments 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 here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 10 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of Mazch, 1952. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilnum Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. (Ordering Construction) RESOLUTION N0. 107-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No, 75-52 which was duly passed by this Council, for the improvement of Decatur Street from east property line of Pres- cott Street to the west property line of Lincoln Avenue be and the same are hereby ordered and constructed by this Council upon its own motion and without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements bepaid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the safe or are adjacent thereto, according to the area thereof and in pro- portion to the special benefits con- ferred, and any deficiency will be paid out of the street iroprovement, funds of the city, or partly from each of such funds. 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 Councih Be It Further Resolved that the City Clerk be and be is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner provided by law, the said improve- ments shall be completed on or before four calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Regular Session, April 7, 1952 221 Passed, adopted and approved for proposals for the construction this 7th day of April, 1952. I n tprovided stomp nv the nmanner RAY F. KOLB, Mayor. provided by law, the said improve- CLARENCE P. WELU, ments shall be completed on or CHARLES A. KIlVTZINGER, before 10 calendar days after RUBEN V. AUSTIN, notice to proceed is issued. LEO N. SCHUELLER, Be It Further Resolved that this Councilmen. resolution being deemed urgent Attest: J. J, SHEA, and of immediate necessity shall City Clerk. be in force and effect from and Councilman Schueller moved the after its passage and adoption by adoption of the resolution. Sec- the City Council. onded by Councilman Welu. Car- Approved and placed on file far vied by the following vote: final action this 22nd day of Yeas--Mayor Kolb, Councilmen ~ March, 1952. Austin, Kintzinger, Schueller, passed, adopted and approved Welu. this 7th day of April, 1952. Nays--None. RAY F. KOLB, (Ordering Construction) Mayor. RESOLUTION N0. 109-52 CLARENCE P. WELU, Be It Resolved by the City CHARLES A. KINTZINGER, Council of the City of Dubuque RUBEN V. AUSTIN, that pursuant to a resolution of LEO N. SCHUELLER, necessity No. 78-52 which was ~: Councilmen. duly passed by this Council, for Attest: J. J. SHEA, the improvement of Hamilton I City Clerk. Street from east property line of Councilman Austin moved the Rhomberg Avenue to the west ~ adoption of the resolution. Sec- property line of Garfield Avenue ~ onded by Councilman Schueller. be and the same are hereby i Carried by the following vote: ordered and constructed by this Yeas-Mayor Kolb, Councilmen Council upon its own motion and 'Austin, Kintzinger, Schueller, with the petition of property ', Welu. owners. All the work shall be ~ Nays-None. constructed in accordance with ~ (Ordering Construction) the plans and specifications here- I RESOLUTION N0. 111-52 tofore adopted and now on file ~ Be It Resolved by the City in the office of the City Clerk. ~ Council of the City of Dubuque Be It Further Resolved that the .that pursuant to a resolution of cost and expense of the said im- ~ necessity No. 81-52 which was provements be paid for by levying duly passed by this Council, for special assessments against the the improvement of Hamilton prlvately owned property lying Street from East property line of within the assessable distance :Lincoln Avenue to the west prap- from the improvements, whether ~ erty line of Prescott Street be and such property abut upon the same ,the same are hereby ordered and or are adjacent thereto, according '~ constructed by this Council upon to the area thereof and in propor- its own motion and with the peti- tion to the special benefits con- . tion of property owners. All the ferred, say any deficiency will be ~ work shall be constructed in ac- paid out of the street improvement, cordance with the plans and speci- or sewer funds of the city, or fications heretofore adopted and partly from each of such funds. ~ now on file in the office of the Pavment will be made to the con- City Clerk. tractor out of funds realized from ! Be It Further Resolved that the the sale of bonds to be issued in I cost and expense of the said im- anticipation of deferred payments ,provements be paid for by levying of assessments as provided by law special assessments against the after the work has been completed I privately owned property lying and accepted by the City Council. within the assessable distance from Be It Further Resolved that the !the improvements, whether such City Clerk be and he is hereby ;Property abut upon the same or ordered and directed to advertise are adjacent thereto, according to 222 Regular Session, April 7, 1952 the area thereof and in proportio to the special benefits conferre and any deficiency will be poi out of the street improvement, sewer funds of the city, or partl from each of such funds. Payme will be made to the contractor o of funds realized. from the sale bonds to be issued in anticipatio of deferred payments of asses menu as provided by law afte the work has been completed an ,accepted by the City Council. Be It Further Resolved that th City Clerk be and he is hereb ordered and directed to advertis for proposals for the constructio of the various improvements here in provided for in the manner pro vided by law, the said improve menu shall be completed on o before 7 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO IV. SCHUELLER, Councilmen. J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 113-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 84-52 which was the i proverrment of~Lawther1Street from west property line of Burden Avenue to the east property line of Brunswick Street be and the same are hereby ordered and con- n strutted by this Council upon its d, own motion and with the petition d of property owners. All the work or shall be constructed in accordance Y with the plans and specifications nt heretofore adopted and now on ut file in the office of the City Clerk. of Be It Further Resolved that the s cost and expense of the said im- r provements be paid for by levying d special assessments against the privately owned property lying within the assessable distance e from the improvements, whether Y such property abut upon the same e or are adjacent thereto, according n to the area thereof and in propor- - lion to the special benefits con- • ferred, and any deficiency will be - paid out of the street improvement, r or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments aS provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and be is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 15 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec. onded by Councilman Austin. Car• ried by the following vote; t 1 Yr r l Regular Session, April 7, 1952 223 Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 115-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 87-52 which was duly passed by this Council, for the improvement of Ramona Street from 240 feet north of the north ( property line of Adeline Street to x l00 feet south of the south prop- erty line of Adeline Street be and the same are hereby ordered and constructed by this Council upon its own motion and with the peti- • lion of property owners. All the work shall be constructed in ac- cordance with the plans and speci• fications heretofore adopted and now on file in the office of the City Clerk, Be It Further Resolved that the cost and expense of the said im- pravements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con• ferred, and any deficiency will be paid out of the street improvement or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. m ~ Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- ~ in provided for in the manner pro• vided by law, the said improve menu shall be completed on or before 15 calendar days after } notice to proceed is issued. f Be It Further Resolved that thi: p~ resolution being deemed urgent and of immediate necessity shalt be in force and effect from ant after its passage and adoption ba the City Council. Approved and placed on file for final adoption this 22nd day of March, 1952. Passed, adopted and approved his 7th day of April, 1952, RAY F, KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 117-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 90-52 which was duly passed by this Council, for the improvement of south side of Simpson Street from the west property line of Fremont Avenue to a point 125 feet west of west property line of Cross Street be and the same are hereby ordered and constructed by this Council upon its own motion and without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said improvements be paid for by levy- ing special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in pro- portion to the special benefits con- ferred, and any deficiency will be paid out of the street improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con• tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law 224 Regular Session, April 7, 1952 5 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 here- in provided for in the manner pro• vided by law, the sold improve- ments shall be completed on or before 15 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Passed, adopted and approved this 7th day of April, 1952. RAY F, KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZDIGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. (Ordering Construction) RESOLUTION N0. 119-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 93-52 which was duly passed by this Council, for the improvement of the East side of Stetmore Street from south property line of Lombard Street to a point 660 feet south be and the same are hereby ordered and constructed by this Council upon its own motion without the peti• tion of property owners. All the work shall be constructed in ac• cordance wfth the plans and speci• fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said Im• provements be paid for by levying special assessments aga[nst the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement, or sewer funds of the city, or partly from each of such funds. Pay- ment will be made to the contrac- tor out of funds realized from the sale of bonds to be issued in an• ticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner provided by law, the said im- provements shall be completed on or before 18 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952, Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor, CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec• oaded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 121-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 96-52 which was duly passed by this Council, for the improvement of Strauss Street Regular Session, April 7, 1952 225 with curb and gutter from the line of Burden west property to the east property line Avenue of Brunswick Street be and the are hereby ordered and con- ' same structed by this Council upon its motion and with or without own the petition of property owners. All the work shall be constructed accordance with the plans and i n specifications heretofore adopted and now on file on the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im• provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con• ferred, and any deficiency will be paid out of the general, improve ment, or sewer funds of the city, g or partly from each of such funds. Payment will be made to the con- ~~ tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ~ ordered and directed to advertise ` for proposals for the construction ~i of the various improvements ere• in provided for in the manner pro• vided by law, the said improve- ' ments shall be completed on or ~~ before 17 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, I Mayor. CLARENCE P. WELD, . CHARLES A. KINTZINGER I~ RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, ~,: ~. City Clerk. Councilman Schueller moved the idoption of the resolution. Sec- mded by Councilman Austin. Car• •ied by the following vote: Yeas-Mayor Kolb, Councilmen u s t i n, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 165-52 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, Margaret Oeschger, 815 West 5th Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Welu moved the adoption of the resolution. Sec• onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 166-52 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 Council of the City of Dubuque that the fallowing 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 Herbert Bisping, 1401 Elm Street. Elias Mihalas, 574 East 16th Street. 226 Regular Session, April 7, 1952 Joseph J. Hosch, 1563 Central Avenue. IImer E. Meyer, 1828 Central Avenue. Dorance E. Cox, 2613 University Avenue. Mrs. Florence Miller, 2620 Uni- versity Avenue. Peter S. Sfikas, 760 East 16th Street. CLASS "C" PERMPI William J. White, 1993 Asbury Road. Donald D. Schroeder, 2890 Cen- tral Avenue. Passed adopted and approved this 7th day of April, 1952, RAY. F. KOLB, Mayor. CLARENCE P, WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCIiUELLER, 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 Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 167-52 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 Manager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT Iierbert Bisping,1401 Elm Street. Ellas Mihalas, 574 East 16th Street. Joseph J. Hosch, 1563 Central Avenue. Elmer E. Meyer, 1828 Central Avenue. Dorance E. Cox, 2613 University Avenue. . Mrs. Florence Miller, 2620 Uni- versity Avenue. Peter S. Sfikas, 760 East 16th Street. CLASS "C" PERMIT William J. White, 1993 Asbury Read. Donald D. Schroeder, 2890 Cen• tral Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 168-52 Resolution to fix a date for the initation of proceedings for the issuance of $200,000 Water Reve- nue Bonds, 1952 Series, of the City of Dubuque, Iowa. Whereas the City of Dubuque, in Dubuque County, Iowa, did here- tofore, in the year 1900 establish a municipal waterworks in and for said City which has for many years been supplying water to said City and its inhabitants; and Whereas the management and control of said municipal water- works fs vested in the City Council of said City and no board of trus- tees exists for this purpose; and Whereas it is necessary and de- sirable that improvements and extensions of said municipal water- works be constructed, the cost whereof is estimated to be not less than $200,000, for which purpose it will be necessary that said City issue its revenue bonds payable from and secured by the net earn- ings of said municipal waterworks as authorized and permitted by Section 397,10 et seq. of the Code of Iowa, such bonds to rank on a parity with $100,000 Water Reve• nue Bonds of said City heretofore issued under date of December 1, 1950, as authorized and permitted i J ~a Regular Session, April 7, 1952 221 by the proceedings authorizing the issuance of said outstanding bonds; and Whereas before proceedings are initiated for the issuance of the additional bonds now proposed to be issued it is necessary to fix a date of meeting of this City Coun- cil at which it is proposed to take action far this purpose and to give notice thereof as required by Chapter 23 of the Code of Iowa; Now, Therefore, Be It Resolved by the City Council of the city of Dubuque, Iowa, as follows: Section 1, That this City Council meet on the 5th day of May, 1952, at the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M. at which time and place proceedings will be in- stituted and action taken for the issuance of Water Revenue Bonds, 1952 Series, of said City in the principal amount of $200,000 for the purpose of paying the cost of constructing improvements and extensions to the municipal water- works of said City. Section 2, That the City Clerk is hereby directed to give notice of the proposed action for the issu- ance of said bonds, setting forth the amount and purpose thereof, the time when and the place where said meeting will be held, by publication at least once not less than ten (10) days before said meet- ing, in the Telegraph-Herald, a newspaper published and of gen- eral circulation in said City. Said notice shall be in substantially the following form: NOTICE OF HEARING FOR ISSUANCE OF WATER REVENUE BONDS, 1952 SERIES The City Council of the City of Dubuque, Iowa, will meet on the 5th day of May, 1952, at the City Hall, in said City, at 7:30 o'clock P.M. at which time and place pre• ceedings will be instituted and ac- tion taken for the issuance of $200,000 Water Revenue Bonds, 1952 Series, of said City for the purpose of paying the cost of con- structing improvements and ex- tensions to the municipal water- works of said City. These bonds, when issued, will not constitute general obligations of said City nor will they be payable in any manner by taxation, but will rank on a parity with presently outstanding Water Revenue Bonds of said City, dated December 1, 1950, and both of said issues of bonds, together with such additional bonds as may be hereafter issued from time to time on a parity therewith, will be payable solely and only from the net earnings of the municipal waterworks plant and system of said City. At any time before the date of said meeting five or more taxpay- ers may file a petition in the office of the City Clerk, setting forth their objections thereto. By order of the City Council of the City of Dubuque, Iowa this 7th day of April, 1952. J. J. SHEA, City Clerk Section 3. That all orders or resolutions or parts of orders or resolutions in conflict herewith be and the same are hereby repealed. Section 4, That this meeting be and the same is hereby adjourned to meet again at the time and place hereinbefore fixed, for fur- ther consideration of the matters herein set forth. Passed and ap- proved April 7th, 1952. Ray F. Kolb, Mayor CLAItENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Recorded April 7th, 1952. J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller,Welu. Nays-None. RESOLUTION N0. 169-52 Resolution directing the adver- tisement and sale of $200,000 Water Revenue Bonds, 1952 Series, Whereas it is necessary and for the best interests of the City of Dubuque, Iowa, that $200,000 Water Revenue Bonds, 1952 Series, con- templated to be issued by the City be offered for sale at this time: Now, Therefore, Be It Resolved by the City Council of the City 228 Regular Sess)on, April 9, 1952 of Dubuque, Iowa, as follows: Section 1. That bonds herein- after described, of the City of Dubuque, Iowa, be offered for sale pursuant to published adver- tisement, namely: 5200,000 Water Revenue Bonds, 1952 Series, dated April 1, 1952, bearing interest payable Decem- ber 1, 1952, and semiannually thereafter, and maturing $50,000 on December i of each of the years 1955 to 1988, inclusive. Section 2. That the City Clerk be and he is ltgreby ankltorized and directed to pnbli h notice of the sale of said bonds for two or more successive weeks in the Telegraph- Herald anewspaper of general cir- culation in Dubuque County, printed and published in the City of Dubuque, Iowa, such notice to be in the customary form aad to state that bids will be received and acted upon by this Council at a meeting to be held at 7;30 o'clock P.M., on May 5th, 1952. Section 3. That the Clerk is fur- ther authorised to prepare and re- lease such further information as he may deem advisable in order to afford due publicity to the sale of said bonds. Section 4. That all resplutions pr parts of resolutions in conflict herewith he and the same are hereby repealed. Passed and approved April 7th, 1952. IiQY F. KOLB, Mayor CLARENCE P. WELU, CHA$LES A. IiINT~INGER, RUBEN V. AUSTIN, LEO N. SCHUF,LLER, Councilmen. Attest: J. J. SHEA, City Clerk Recorded April 7th, 1952. J. J. SHEA, City Clerk ColiACillnan Schueller moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen qustn, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 15-52 An Ordinance Amending Ordi- nance No. 7-41 as amended by repealing Sections 8, 10, 11, and 12 thereof and enacting new Sec- tions in lieu thereof to eliminate authorisation of the sale of raw milk in the City of Dubuque, pre- sented and read. Councilman Welu moved that the readng just had be consdered the first reading of the ordinance. Sec- onded by Councilman Austin. Car• ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzin$er, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by "Couneil- nlan Kiatzinger. Carried by the following vote: Yea4-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 15--,47 An Ordnance Amending Ordinance No. 4-41 as amended py repealing Sppti ns 8, 10, 1~, and 12 therepf and enactang new Sections in lieu therepf tip ellmirwtR autharlZatloa of the sale of raw milk in the City q9 A4gt4Ne• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE; Section 1. That section 8 of Or- dinance No. 7-91, as amended, be and the swipe is hereby regaled @@d the following enacted m lieu thereof: "Section 8-GRADES OF MILK AND bIILK PIIODUCTS WIYICH MAY BE SOLI). No milk or milk products shall be sold to the final consumer or to restaurants, soda fountains, grocery stores m' similar establishments ex- cept ~irade A Pasteurized and Certi- fied; provided, that when any milk distributor fails to qualify for one of the above grades the health officer is authoreed to revoke his permit, or in lieu thereof to degrode his produ0t and permit its sale doting a tempotary r ^i d not exceeding 8P days oa ih emergencies sgch longer period as he may deem necessary. Section 2. That Section 10 of Or• dirtance No. 7.:11 as amended be and the same Is hereby repealed and the Fallowing enacted in flog therepf: 'Sectioq 10.-TRANSFERRING OR D[PPINO MILK; DELIYEItY CON- TAINERS; HANDLIPIG OF MORE THAN ONE GRADE; DELIVERY OF 1IILK AT @UARANTINED RESI- DENCES. Except as permitted in this section, no milk producer or distribu- tor shall transfer milk or milk prod- uct~ from one container to anpther on the street, or in any vehicle or store, or in any place except a bottlldg or milk room especially used for that purpose. The sale of dip milk to hereby prohibited. All pasteurized milk and milk pro- ducts shall be placed in their final denvery eontainera in the plant in which they are pasteurized. Milk and milk products sold ip the distrbutor's containers in quantities less than one gallon 4halhbe delivered in standard mllk bottles pr in single•service con• tamers approved by State Health ~~th~ orities. It shall be unlawful for hotels, soda fouunntains, restaurants, gracerles, and similar establishments t0 sell or serve any mnk or rotlk produot except Reg~ilal` Session; April 7, 1952 229 in fife original container in which it ~vas received froth the distributor or om g bulk container equipped with f r an approved dispensing device; pro- t this requirement shall rot h a vided, t gpply b o en ay ~ h m m servrd fr t Nhlc prerolses, r the original bottle or from a dispense apprbaed ftlt sueft service. It shat! be unlawful fbr any hotel, soda fountain, retaurant, grocery, or similar establishment to sell or serve ' milk or mnk products wliieri have n y a dtlt been taaihtaine%:, while In its pns- seselon, at temperature Df 50 de- t• ~alss . gtees F. D nk or milk products shall be No m ment wwith whtctina cl6wert g aide eulro e p q df ~{jg dt muk proiluets has been ih contact unless such ogntpment has first thoroughly cleaned and sub• peen jected to bactericidal treatment. Bottled milk or milk products, if stored ih fustier, 6ha11 be Stl stored F, thin the tops tlf the hOttl¢s will ndt be submerged. It span be the duty of all persons th wlindt milk or milk products, ate de- tlaine d in which tsuchu mil totr milk ppto8ucts are delivered 9afOre retutn- iil~ 6ubh etlhtaiiiers. AFpdtatus, ¢on• tainprs, equipment, and ulenstls used tri the handling, storage, processing, or tratispordng of mnk or milk prod- ltels ihall oat b¢ used for eny other purpose, without the permission of tlid health officer. The delivery of iriilk or milk pro• d is to, the collection cf milk or id~ products codtairiers from, resi• ences in which casts of communi• cable disease transmissible through iililk supplies ¢aist, shall b¢ subject to the, special tequlrements of the heal offlcer." SEi tbn 9: That Seetlon 11 of Or• dinaat'0 Nd. 9-41, as amended be and " the same is hereby repealed and the ' : fonowin$ enacted in lieu thereat "Section 11.-MILK AND MILK Lt ,D,UCTS FROM POINTS BEYOND OUTINE INSPEC- ~ LIMITS OF R Tl TION. Milk and milk products from points beyond the limits of routine in- i- spection of the City of Dubuque may not be sold In the Olty of Dubuque, Unless produced and pasteurized under r+ro•Asioris equivalent to the require. mbnts oY this Ordinance; provided, the the health officer shall satisfy hithself that the health officer having jurisdiction over the productions and processing is properly enforcing such provisions." ' beefien 4, That Section 12 of Or" dlaance No. 7-dl, as amended be ahd the same is hereby repealed and the fonowing enacted in lieu thereof: "Section 12, -FUTURE DAIRIES AND MILK PLANTS. All dairies and milk plant9 from which milk or milk products are supplied to the City of ~, Dubuque which are hereafter con- structed reconstructed, or extensively altered shall conform In their con- struction to the requirements of this r s p ti O d re lants on G ode A pasteuriza f or ~.,' spectively; provided, that the requlre- inent Of a two-room milk house shall be waived in the case of dairies the milk from which is to be pasteurized. Ptoperly prepared plans for all dairies aid milk p~apts which are here- after constructed, reconstructed or extensively altered shall be submitted I to the health officer for approval be- fore work is begun. In the case of milk plahts signed approval shall be ~~ olttained from the health officer or ~! State Department of Health." i Section S. This Ordinance shall be [n full force and effect from and after its final ppassage, adoption and publication as 6y law provided. Introduced the 7th day of April 1952. ale tequti•ing reading on three separate daps spspended by unani• moos vote the 7th day of April 1552. assed, adopted and approved this 7th day of April 1852. RAY F. KOLA Mayor CLARENCE P: Wi;LU RUBENEV. AU$~llq INGER LEO N. 3CHUELLER Gouhcilmen ,lttest: J. J. SHEA City Clerk Published officially in The Tele- ofa ApHllta1952 ewspaper this 14th day J.J. SHEA City Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 170-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for improve- ment of Argyle Street with curb and gutter from the north prop- erty line of Lowther Street to the south property line of Groveland Place, estimated cost $1,944.51, presented and read. Councilman Welu moved the adoption of the resolution, Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu• Nays-None. (Necessity for Improvement) RESOLUTION N0. tr1-52 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 an are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed with a valuation fixed by the council. 5. An estimate of tie cost of the proposed improvement. 6. In each case tie amount there- . of which is estimated to be assess- 230 Regular Session, April 7, 1952 ed against each lot, for the im• provement of Argyle Street with curb and gutter from north prop- erty line of Lowther Street to the south property line of Groveland Place. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the 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 dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street improve- ment fund. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor, The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 7th day of April, 1952. Approved: RAY F. KOLB, Mayor CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved that the resolution just read being a resolution ordering a street 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 in- spection for at least one week be- for final adoption Seconded by Councilman Austin. tarried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing] RESOLUTION N0. 172-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 170-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Argyle Street with curb and gutter from north property line of Lowther Street to the south property line of Grove- land Place 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 far public inspection, Be It Therefore Resolved that on the 5th day of May, 1952, a public hearing will be Geld 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 objection to the proposed plans and specifications and proposed form of contract and at the same time to the bound- aries of the proposed district, to the cost of the improvement, to the amount proposed to be as• sessed against any lot and to the passage of the proposed 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 in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior•to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the ~~. I~ ~: ~t ,. Regular Session, April 7, 1952 231 Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor• CLARENCE P. WELU, CHARLES A• KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION NO. 113-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im• provement of Bradley Street with curb and gutter from the west property line of Grandview Ave- nue to the east property line of Randall Street, estimated cost $4,- 364.11, presented and read. Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 174-52 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 boundaries 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. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Bradley Street with curb and gutter from the west property line of Grandview Avenue to the east property line of Randall Street. Be It Therefore Resolved that the City Council on its own motion and upon petition of property own- ers, deems it advisable and neces- saryfor the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections 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 dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts 'thereon, or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street improve• ment fund. Bonds shall be issued and sold in anticipation of de• ferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk 232 _ Regular Session, April 7, 1952 this 7th day of April, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KIlVTZINGER RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved that the resolution just read, be• ing a resolution ordering a street improvement be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Sec- onded by Councilman Austin. Car- rled by the following vote: Yeas-hiagor Kalb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing} RESOLUTION N0. 115-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 173-52 given its prelimjnary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Bradley Street with curb and gutter from the west property line of Grandview Ave- nue to the east property line of Randall 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 5th d'ay of May, 1952, a pulilIC hearing will be held at 7130 tl'clock P.M, in the Council Chamber in the City of Dubuque at whteh time the owners subject to assessment for the proposed improvement may appear and mAke tlbjection to the proposed plans and specifications and pro- posed form of contract and at the came time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time apd place of such bearing to be published in sumo 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 consideration 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 prtlposetl assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7tli day of April, 1952, RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, L~ N. SCl#iJELLER, Couneilihen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb; Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RE8OLUTION N0. 116-_5Z Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Concord Street with curb and gutter from the north property line of Coates Street to the south edge of U. S. Highway No. 20 pavement, estimated cost $8,556.49, presented and read. Councilman Austin moved the adoption of the resolution, Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas=Mayor Kolb, Counellmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Imprt-tipnNnf} R@6OLUTION N0. 111.52 Whereas, proposed plans, specifi- ;ations, form of contract, plat and ;eheduled have been duly prepared t ,, III ~~ie ~'f Regular Session, April 7, 1952 233 and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any, 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. in each case the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Concord Street with curb and gutter from the north property line of Coates Street to the south edge of U. S. Highway No. 20 pave- ment. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objec- tions 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 the with the City Clerk. That the cost and expense of making said im- provement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in pro- portion to the special benefits con• ferred thereby, and any deficiency shall be paid out of the street im- provement fund. Bonds shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resohition was intro- duced, approved and ordered plat- ed on file with the City Clerk this 7th day of April, 1952. Approved: RAY F. KOLB, Mayor CLARENCE P, WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on fi}e with the City Clerk and remaip on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 118-53 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 176-52 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Concord Street with curb and gutter from the north property line of Coates Street to the south edge of U. S. Highway No. 20 pavement and, Whereas, the proposed Resolu- tior, of Necessity for said improve- ment has been introduced and is npw on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 5th day of May, 1952, a pub- lic hearing will be held at 7:30 o'clpek 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 objection to the proposed plans and specifications and proposed form of contract and 234 Regular Session, April 7, 1952 at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration 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 assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon, Passed, adopted and approved this 7th day of April, 1952, RAY F. KOLB, Mayor. CLARENCE P. WELD CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 179-52 Preliminary approval of pro• posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Rider Street with curb and gutter from the west property line of South Grandview Avenue to the east property line of Perry Street, estimated cost $3,607.94, presented and read, Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Welu. Car• ried. by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 180-52 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 boundaries of the dis- trict, if any, 2. The streets to be improved. 3. The width of such improve- meet, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council, 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Rider Street with curb and gutter from west prop- erty line of South Grandview Ave- nue to the east property line of Perry Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own• ers, deems it advisable and neces- saryfor the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consider- ation of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they .shall be deemed to have waived all ob• jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which lave 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 dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto aN cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall i. ~~~ Regular Session, April 7, 1952 235 ~'- be paid out of the street improve- E went fund. Bonds shall be issued f and sold in anticipation of de- ~ ferred payments of assessments men a contract has been performed k' and accepted and .the proceeds thereof used to pay the contractor. The above resolution was intro- '' duced, approved and ordered ' placed on file with the City Clerk this 7th day of April, 1952. Approved; RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read, being a resolution ordering a street im- provement be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing) ~ RESOLUTION N0. 181-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 179-52 given its ~ preliminary approval on the pro ` posed plans, specifications and `~ form of contract and placed same , on file in the office of the City Clerk for public inspection, for the improvement of Rider Street with curb and gutter from west property line of South Grandview Avenue to east property line of Perry Street and, Whereas, the proposed Resolu- s, lion of Necessity for said improve- "' ment has been introduced and is `` now on file in the City Clerk's office for public inspection, j `. Be It Therefore Resolved that on the 5th day of May, 1952, apub- lic 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 property ubject to assessment for the pro- ~osed improvement may appear and make objection to the pro• posed plans and specifications and >roposed form of contract and at he same time to the boundaries ~f the proposed district, to the :ost of the improvement, to the amount to be assessed against any of and to the passage of the pro- dosed 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 consideration and unless property owners at the time of final consideration of said resolu• tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon Passed, adopted and approved this 7th day of April, 1952, RAY F. KOLB, Mayor. CLARENCE P. WELD, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 182-52 Preliminary approval of pro• posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Whelan Street with curb and gutter from the east property line of Bradley Street to the west property line of South Grandview Avenue, estimated cost $1,335.10, presented and read. Councilman Austin moved the adoption of the resolution. Sec• 236 Regular Session, April 7, 1952 onded by Councilman Schueller. i Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION NO. 183-52 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the Citq of Dubuque and are now on fBe in the office of the City Clerk. showing among ether things the following: 1. The boundaries of the dis• trio, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as• sued with a vahuttion filed by the coumxl. 5. An estimate of the coat of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Whelan Street from the east property line of Bradley Street to the west prop- erty line of South Grandview Ave• nue. Be It Therefore Resolved that the City Council on its own motion ar upozt petition of property own- ers, deems it advisable and n~~~~~ sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk ob~ctions to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- fer by the City Engineer v-hich have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against. all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided fry law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any defiaency shall be paid out of the street improve- ment fund. Bonds shall be issued and sold in antiapation of de• ferred payments of assessments when a contract has. been per• formed and accepted and the pro seeds thereof used to pay the con- tractor. The above resolution was infra duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1952. Approrad: RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Comtcilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved that the resolution just read being a resolution ordering a street im• pravement be now considered complete in form for final ~ sage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Schueller. Carried by the feIlowfng vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, (Fixing date of hearing? RESOLUTION NO. 184-52 Whereas, tbe City Council of the City of Dubuque, Iowa, has by Resolution No, 182-52 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Whelan Street with curb and gutter from the east property line of Bradley Street to the west property line of South Grandview Avenue and, Whereas, the proposed Resolu- tion ~ Necessity for said improve- ment has been introduced and ie row on file in the City Clerk's offi+x for public inspection, Regular. Session, April 7, 1952 237 Be it Therefore1952, a pubt on the 5th day of May, lie 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 objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be as• seed against any lot and to the passage of the proposed Resolu- tfon of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub• fished in some newspaper pub• fished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk ob• jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear ing the Council will hear such ob• jections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Austin moved th adoption of the resolution. Se owded by Councilman Kintzinge Carried by the following vote: Yeas-Mayor Kolb, Councilme Austin, Kintzinger, Schuelle Welu. Nays-None, RESOLUTION N0. 185-52 Preliminary approval of pr posed plans, specifications, form contract, plat and schedule and other documents for the cons lion of an eight (8) inch vitrifi file sanitary sewer in Apple Stre s- sessments, they shall be deemed r to have waived all objections all expense of making said improve- ~uc- went will be assessed upon and from the present manhole sn Rush Street to 210 feet north, estimated cost $1,198.12, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kdb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ( ESOLUT ON IN0.~186-52 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 among other things the following: 1. The boundaries of the dis• trio, if any. 2. The width of such improve- ment, and the size and kind of sewers. 3. Each lot proposed to be as• sessed together with a valuation fixed by the council. 4, An estimate of the cost of the proposed improvement. 5. In each case the amount there- of which is estimated to be as• sessed against each lot, for the construction of an eight (8) inch sanitary sewer in Apple Street from existing manhole in Rush Street to 210 feet north. Be It Therefore Resolved that the City Council on petition of blepand n cessary 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 e the amount of the proposed as- therto. n Said improvement shall be con• r strutted 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 a Council and are now on file with of the City Clerk. That the cost and ed against all privately owned prop- e~ arty lying within assessable dis• 238 Regular Session, Apri17, 1952 tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid by property owners accord- ing to petition and waivers. Bonds shall be issued an dsold in antici- pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was infra duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCIiUELLER, Councilmen. Attest: J. J. SHEA; City Clerk. Councilman Austin moved that the resolution just read being a resolution ordering a sewer im- provement be now considered complete in form far final passage and further move that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 187-52 Whereas, the City _Council of the City of Dubuque, Iowa, has by Resolution No. 185-52 given its preliminary approval on the proposed plans, specifications and on file in the office of the City Clerk for public inspection, for form of contract and placed same the construction of an eight (8) inch sanitary sewer in Apple Street from existing manhole in Rush Street to 210 feet north 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 5th day of May, 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 objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lotion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 188--52 Preliminary approval of pra posed plans, specifications, form of contract, plat and schedule' and all other documents for the con- struction of a 12 inch sanitary IIPor ~' 4 ~~. ~` k ~ - I ~i`~' ~~: ,, ~ a Regular Session, April 7, 1952 239 sewer in Kaufman Avenue from the existing manhole opposite the southeast corner of Lot 45 in Bur- ton's Addition; thehce northwest- erly 47 feet at angle of 45 degrees from existing sewer line to north property line of Kaufman Avenue; thence westerly along north prop- erty line of Kaufman Avenue a distance of 794 feet; thence south a distance of 62 feet across Kauf- man Avenue with 8 inch sewer line, estimated cost $6,190.54, pre• sented and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, (Necessity for Improvement) RESOLUTION N0. 169-5Z Whereas, proposed plans, specifi• cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2, The width of such improve- ment, and the size and kind of sewers, 3. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 4. An estimate of the cost of the proposed improvement. 5. In each case the amount there- of which is estimated to be assess- ed against each lot, for the con- struction of a 12-inch sanitary sewer in Kaufman Avenue from the existing manhole opposite the southeast corner of Lot 45 in Bur- ton's Addition; thence northwest- erly 47 feet at angle of 45 degrees from existing sewer line to north property line of Kaufman Avenue; thence westerly along north prop- erty line of Kaufman Avenue a distance of 794 feet; thence south a distance of 62 feet across Kauf• man Avenue with 8•inch sewer line. Be It Therefore Resolved that the City Council on its own mo- tion or apon petition of property owners, deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said 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 dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Sewer Fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof uesd to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1952. Approved: RAY F, KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the f411gwing vote:. 240 Regular Session, April 7, 1952 Yeas-Mayor Kolb, Councilman Austin , Kintzinger, 5chueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 190-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 188-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the Gity Clerk for public inspection, for the construction of a 12-inch sanitary sewer in Kaufman Avenue from the existing manhole opposite the southeast corner of Lot 45 in Bur- ton's Addition; thence northeast- erly 47 feet at angle of 45 degrees from existing sewer line to north property line of Kaufman Avene; thence westerly along north prop- erty line of Kaufman Avenue a dis- tance of 794 feet; thence south a distance of 62 feet across Kauf- man Avenue with 8-inch sewer line, 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 of- fice for public inspection, Be It Therefore Resolved that on the bth day of May, 1952, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed far its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution, Sec- onded by Councilman 5chueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. There being no further business, Councilman 5chueller moved to adjourn. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin , Kintzinger, 5chueller, Welu. J. J. SHEA, City Clerk. Approved ..............................1952. Adopted ..................................1952. Councilmen: ~ .................................. Attest : ........................................ City Clerk ,i ~~ Special Session, April 15, 1952 24] City Council (OFFICIAL) Special Session, April 15, 1952. ,.. Council met at 7:30 P. M, Present-Mayor Kolb, Council- !` men Austin, Kintzinger, 5chueller, Welu. City Manager Schiltz. ~; Meeting called by order of Coun- cilmen Kintzinger and 5chueller. Mayor Kolb read the call and stated that service thereof had been duly made and that this meet- ing is called for• the purpose of conducting public hearings on var- ious street improvements, also for considering bids submitted on var- ious street improvements and act• ing on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces• sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Adeline Street with asphaltic macadam surfacing from the east property line of Grandview Avenue to the west property line of Ramona Street, presented and read. No written ob- jections filed and no objectors present in the Council Chamber at the time set for said hearing. ~i` Councilman Welu moved that 1: the proof o! publication be re- ~: calved and filed. Seconded by ' Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin , Kintzinger, 5chueller, Welu. ~; Nays-None. (Deeisiort of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements. ) ~~ RESOLUTION N0. 191-52 !` Whereas, proposed plans and t specifications and form of contract !or the improvement of Adeline €° Street with asphaltic macadam sur ~: lacing from the east property line ~' o! Grandview Avenue to the west I~ property line of Ramona Streel have been approved by the City Council of the City of Dubuque and public notice given as pro vlded by Chapter 391 of the Cody ~, of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, speci- fications or contract for or cost of such improvements, said time be- ing this 15th day of April, 1952; and Wheeras, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M., at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro• posed plans for or cost of the im• provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duty weighed and considered; now therefor Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, for or cost of said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec• onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin , Kintzinger, 5chueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 127-52 Whereas, proposed plans, speci- ~: 242 Special Session, April 15, 1952. 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 boundaries of the district, if any. 2, The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- essed 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 materal to be used, 6. In each case the amount there- of which is estimated to be as• sessed against each lot, for thenn- provement of Adeline Street with asphaltic macadam surfacing from the east property- line of Grand- view Avenue to the west property line of Ramona Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necesasry for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessment, they shall be deemed to have waived all objections thereto. Said improvement shall be con- strued and done in accordance with the plans which have been pre- pared therefor by the City Engi- neer 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 improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac• cording to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of street improve- ment funds. Bonds shall be issued and sold in anticipation of de• ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952, The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KDVTZINGER, LEO N. SCB'iJELLER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin , Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 192-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 127-52 which was duly passed by this Council, for the improvement of Adeline Street with asphaltic macadam surfacing from the east property line of Grandview Avenue to the west property line of Ramona Street be and the same are hereby ordered and constructed by this Council upon its own motion with- out the petition of property own- ers. All the work shall be con- strutted in accordance with the plans and specifications heretofore adopted and' now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street improvement funds, Payment will be made to the Special Session, April 15, 1952 243 contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- . ments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Austin moved that this resolution just read being a resolution ordering a street im- provement benow considered tom- - 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Apple Street with asphaltic macadam surfacing from north property line of Cleve- land Avenue to the south property line of Oak Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said ~= hearing. Councilman Austin moved that the proof of publication be received and filed. Seconded by ~; Councilman Schueller. Carried by the following vote: ~~ Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ( Decision of Council upon ob• jeetions to plans, specifications form of contract and cost of im provements.) RESOLUTION N0. 193-52 Whereas, proposed plans an specifications and form of contra for the improvement of Apple Street with asphaltic macadam surfacing from north property line of Cleveland Avenue to the south property line of Oak Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, for or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, hereto- fore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, ' Councilmen. Attest: J. J. SIiEA, City Clerk. d Councilman Austin moved the ct adoption of the resolution. Sec• 244 Special Session, April 15, 1952 onded by Councllman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOWTION N0. 13.52 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 boundaries of the dis- trict, if any. 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 coat of the proposed improvement, stab ing the same for each different type of construction and kind of material to be used. 8. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Apple Street with asphaltic macadam surfacing from north property line of Cleveland Avenue to the south property line of Oak Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections therto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer 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 improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and fn proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was infra duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution wan finally pawed and adopted, as proposed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KIN'1'ZIIVGER, RUBIN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sea onded by Councilman Amstin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RRSOLUTION N0. 194-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 130-52 which was duly passed by this Council, for the improvement of Apple Street with asphaltic macadam surfacing from north property line of Cleve- land Avenue to the south property line of Oak Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the CIty Clerk. Be Tt Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying l .' F ~,. ' . ~ ,~ ~I ~~. ~~ Special Session, April 15, 1952 245 within the assessable distance from ~e improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement funds. payment will be made to the con• tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be m force and effect from and after it passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement benow considered com- plete inform 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 Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Cross Street with asphaltic macadam surfacing from north property line of Simpson Street to south property line of Coates Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 195-52 Whereas, proposed plans and specifications and form of contract for the improvement of Cross Street with asphaltic macadam surfacing from north property line of Simpson Street to south prop- erty line of Coates Street have been approved by the City Council of the City of Dubuque and pub- lic notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time be• ing this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952 at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque that all objection which have been made and filed to the plans for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- rided and such splans, heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. 246 Special Session, April 15, 1952 Passed, adopted and approved this 15th day of April, 1952. RAY F, KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 133-52 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 boundaries 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 mater- ial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the impovement of Cross Street with asphaltic macadam surfacing from North property line of Simpson Street to south property line of Coates Street, Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement. and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed '. to have waived all objections thereto. Said improvement shall be constructed and done in accord- ante with the plans which have been prepared therefor by the City Engineer whch have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improvement wRl be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid out of street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952, The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest, J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 196-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 133-52 which was duly passed by this Council, for the improvement of Cross Street with asphaltic macadam surfacing from north property line of Simp- son Street to south property line of Coates Street be and the same are hereby ordered and con• strutted by this Council upon its Special Session, April 15, 1952 247 own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in pro- portion to the special benefits con- (erred, and any deficiency will be paid out of the street improvement funds. Payment will be made to ` the contractor out of funds rea• 4 lined from the sale of bonds to be issued in anticipation of deferred payments of assessments as pro- vided by law after the work has s been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent. and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. ~' Councilman Schueller moved that the resolution just read being a resolution ordering a street im• provement be now considered com- plete in form for final passage and z' further move that the same be placed on file with the City Clerk and remain on file far public in spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen ~ Austin, Kintzinger, Schueller, ~> Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of ~° pendency of resolution of neces• sity and hearing upon proposed plans, specifications, farm of con• tract and cost of improvement for the improvement of Decatur Street with asphaltic macadam surfacing from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue, presented and read. No written objections filed and ro objectors present in the Council ~hamber at the time set for said searing. Councilman Welu moved ;hat the proof of publication be re- :eived and filed, Seconded by councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, I{intzinger, Schueller, Welu. Nays-None. (Decision of Council upon olr jections to plans, spectifications, form of contract and cost of im• provements.) RESOLUTION N0. 197-52 Whereas, proposed plans and specifications and form of contract for the improvement of Decatur Street with asphaltic macadam surfacing from the east property line of Rhomberg Avenue to the west property line of Garfield Ave- nue have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all abjectians to said plans, specifications or contract for or cost of such improvements, said time being this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been' made and filed to the plans for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans 248 Special Session, April 15, 1952 heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said im- provement, Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 136-52 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: i. The boundaries 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 Decatur Street with asphaltic macadam surfacing frgm the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of he proposed as• sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and ue now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to uea and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of street improve- ment funds. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per• formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk the 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBIN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec onded by Councilman Schueller. Carried by the following vote: 'I Yeas-Mayor Kolb, Councilmen Austin, Kintzinger; Schueller. Nays-None. (Ordering Construction) RESOLUTION N0. 198-52 Be It Resolved by the City Coun- 'Y ~~' i I F i ~"+ ~' y~, ,~. i ,,, A:a ~'~'° ~ '' '~~~ I~~~ I~ •` Special Session, April 15, 1952 249 cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 136-52 which was duly passed by this Council, for the im• provement of Decatur Street with asphaltic macadam surfacing from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue be and the same are hereby ordered and con- structed by this Council upon its own motion without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im• provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or ue adjacent thereto, according to the uea thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street improvement funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- ments asprovided by law after the work has been completed and ac• cepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Schueller moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plet inform 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 Rintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nags-None. Proof of publication, certified to by the .publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im• provement of Decatur Street with asphaltic macadam surfacing from the east property line of Prescott Street to west property line of Lincoln Avenue, presented and read, No written objections filed and no objectors present in the Coun• cil Chamber at the time set for said hearing. Councilman Austin moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Kintzinger. Carried by the fol- lowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Decision of Council upon obpec• bons to plans, specifications, form of contract and wst of improve~ menu.) RESOLUTION N0. 199-52 Whereas, proposed plans and specifications and form of con- tract for the improvement of De- catur Street with asphaltic macad- am surfacing from east property line of Prescott Street to west property line of Lincoln Avenue have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob• jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952 at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been dulq weighed and considered; now, therefore 250 Special Session, April 15, 1952 Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans hereto- fore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor CLARENCE P. WELU, RUBEN V. AUSTLY, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second• ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 139-52 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 boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4, Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Decatur Street with asphaltic macadam surfacing from east property line of Prescott Street to west property line of Lincoln Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary far the public welfare to make the herein mentioned improve- ment and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob• jections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer 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 improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of street improvement fund. Bonds shall be issued and sold in antici- pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro doted, approved and ordered plac- ed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 15th day of April 1952. RAY F. KOLB, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- :~+ ,`yr ~~ kt 1 ;- s . .~,~ ~ ~ , t >~,~ ~~ 4' Kr ~~ !s':. Special Session, April 15, 1952 251 ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 200-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 139--52 which was duly passed by this Council for the improvement of Decatur Street with asphaltic macadam surfacing from east property line of Pres- cott Street to west property line of Lincoln Avenue be and the same are hereby ordered constructed by this Council upon its own motion without the petition of property owners, All the work shall be con- structed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street improvement funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be is- sued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Welu 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 Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans,speci- fications, form of contract and cost of improvement for the improve- ment of Hamilton Street with as- phaltic macadam surfacing from east property line of Rhomberg Avenue to west property line of Garfield Avenue, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Councilman Austin moved that the proof of publication be received and filed, Seconded by Councilman Welu, Carried by the fo11_owing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements. ) RESOLUTION N0. 201-52 Whereas, proposed plans and specifications and form of contract for the improvement of Hamilton Street with asphaltic macadam surfacing from east property line of Rhomberg Avenue to west prop- erty line of Garfield Avenue have been approved by the City Council of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 15th day of April, 1952, and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, for or cost of the improvement 252 Special Session, April 15, 1952 herein described and proposed to i be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now there- fore Be it Resolved by the City Cauncil of the City of Dubuque, that all objections which have been made and filed to the plans, far or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon aR objections which have been fated to the Plans, specifications and form of contract for or cost of said improveme~ be made a matter of permanent retard in connection with said im• provement. Passed, adopted and approved this 15th day of Apn1, 1952. RAY F. KOL$, Mayor. Ci,ARENCE P. WELU, B,IJBEN V. AUSTIN, C]iiARLES A. KDVTZINGER, LEO N. SCHUEi.1:~ER, ' Councilmen. Attest: J. J. SHEA, City Clerk. Coaaciiman Kint2anger moved the adoption of the resolution. Sec- onded by Councilman Sehueller. Carried by the following vote: Yeas.-Mayor Kolb, Councilmen Austin, Kitdzinger, Sehueller, Welu. Nays-None. (tlecessitY far Improvement) 1tE5OLi1TF{!N N0. 142-9Y Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in ffie office of the City Clerk showing among other things the allowing: 1. The boundaries of the district any. 2. The streets to be improved. 3. The width of such improve- mant and the size and kind of sassed 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. 5. Ia each case the amount thereof which is estimated to be as- sessed against each lot, for the im- provement of Hamilton Street with asphaltic macadam surfacing from east property line of Rhomberg Avenue to west property line of Garfield Avenue. $e It Therefore Resolved that the City Council on its own motion diems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on ale with the City Clerk objections to ffie amount of the proposed assess• ments, they shall be deemed to have waived all objections thereto. Said improveanent shall 11e can• strutted and done in accordance with the plans which have bean pre- pared therefore by the .City En- gineer wlach have been approved by the City Council and are now on file with flee City Clark. That the cast and expense of making said improvement will be assessed upon and against all privately owed property lyigg within assessable distance pravided by law and in an amount not to exceed the ama~t provided by law, property wdl be assessed whether the same abuts thereon or is adjacent thereto ac• cording to area and in proportion to the special benefits conferredthere- by. Labor and equipment cost shall be paid out of the street improve- meat fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and 'accepted and the proceeds thereo# used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this ..22nd day of March. 1952. s~ve~s. The foregoing resolution was 4. Each iot proposed to be as- finally passed and adopted, ~ pro• Special Session, April I5, 1952 253 posed, by the City Council this 15th jt day of April, 1952. ~' RAY F. KOLB, Mayor. CLARENCE P. WELU, - RUBEN V. AUSTIN, CHARLES A. KINTZINGER, ~; LEO N,SCHUELLER, Councilmen. Attest; J. d. SHEA, ~~` , City Clerk. k, Councilman Sehueller moved the adoption of the resolution. Seconded by Councilman Klntzinger. Car- ,~f°' ried by the following vote: ~,~ Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Sehueller, Welu. '°~A Nays-None. (Ordering Construction) RESOLUTION N0. 101x52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 14?r-52 which was duly passed by this Councll, for the i improvement of Hamilton Street F with asphaltic macadam surfacing from the east property line of Rhomberg Avenupe to the west property line of Garfield Avenue be and the same are hereby ordered and constructed by this Council upon on its owri motion without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. ,. F r- . ,, ~i , ~ ~I il' Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property ]Yang within the assessable distance from the Improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid ou of the improvement funds. Paymen will be made to the contractor ou of funds realized from the sale o bonds to be issued in anticipatio of de#erred payments of assess ments as provided by law after th work has been completed and ac cepted by the City Councll. Be It Further Resolved ffiat ' resolution being deemed urgent an of immediate necessity shall be i force and effect from and after its passage and adoption by the City Council, Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com• plate in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in• spection for at least one week be- fore final adoption. Seconded by Councilman Sehueller. Carried by 'the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Sehueller, Welu. Nays-None. Proof of publication, certified to i by the publishers, of notice of pendency of resolution of necessity I and hearing upon proposed plans, specifications, form of contract and I Lost of improvements for the im- provement of Hamilton Street with asphaltic macadam surfacing from east property line of Lincoln Ave- nue to the west property line of Prescott Street, presented and read. No written objections filed and no ~ objectors present is the Council Chamber at the time set for said hearing. Councilman Welu moved that the proof of publication be re• ceived and filed. Seconded by Councilman Sehueller. Carried by the following vote: Yeas-Mayor Kolb, Councflmen Austin, Kintzinger, Sehueller, Welu. Nays-None. (Decis'an of Council upon ob• jections to plans, specifications, form of contract end cost of im• provements.) t RESOLUTION N0. 203-54 t Whereas, proposed plans and t specifications and form of Contract f for the improvement of Hamilton Street with asphaltic macadam n surfacing from east property line - of Lincoln Avenue to the west e property line of Prescatt Street - have been approved by the City Council of the City of Dubuque and t~ public notice given as provided by d Chapter 391 of the Code of Iowa, n 1950, pertaining to public ca~tracts 254 Special Session, April 15, 1952 and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im• provements, said time being this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. 5HEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 145-52 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 boundaries 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 Hamilton Street with asphaltic macadam surfacing from east property line of Lincoln Avenue to the west property line of Prescott Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable affd necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections thereto. Said improvement shall becon- strected and done in accordance with the plans which have been prepared therefor by the City En- gineer 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 improvement will be assessed upon 'and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts upon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement fund. ,r: ~,:. :~y.. a,. _ ,~., ~. :~ Special Session, April 15, 1952 255 Bands shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The above resolution was intro- duced, approved and ordered placed on fi]e with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council, this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P, WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Attest: J. J. 5HEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sea owded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 209-52 Be It Resolved By the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 145-52 which was duly passed by this Council, far the improvement of Hamilton Street with asphaltic macadam surfacing from east property line. of Lincoln Avenue to the west prop- erty line of Prescott Street be and the same are hereby ordered and constructed by this Council upon its own motion without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement, or sewer funds 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 this resolution being deemed urgent and of immediate necessity shall be io force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Schueller moved that the resolution just read being a resolution ordering a street 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 in- spection for at least one week before final adoption. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Lowther Street with asphaltic macadam surfacing from the west property line of Burden Avenue to east property line of Brunswick Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Weiu. Nays-None. (Decision of Council upon ob- jections to plans, specifications, 256 Special Session, April 15, 1952 Form of tentract and cost of im- proveenanta.) RESOLUTION N0. 1011--52 Whereas, proposed plans and specifications and form of contract for the improvement of Lowther Street with asphaltic macadam surfacing #rom west property line of Burden Avenue to east property line of Brunswick Street have been approved by the City Council of the City of Dubuque arni public notice given as provided by Chapter 391 of the Code of Iowa, 1950, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications of contract for or cost of such im- provements, said time being this 15th day of April, 1952; and Whereas, the City Councll met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and Considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Bo ,It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans for or cast of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans, heretofore approved are hereby adopted, Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to plans for or cost of said improvement be made a matter of permanent record in connection with said improve- ment, Passed, adapted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. See- onded by Councilman Schueller. Carried by the following vote: Yeas-Nlayor Kolb, Councilmen A u s t i a, Kint2inger, Schueller, Welu. Nsys-~Nnne, (Necessity for Improvement) RESOLUTION N0. 148-~52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre• pated and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3, The width of such improVe- ment. 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 con- struction and kind of material fA be used. 6. In each case the amount thereof which is estimated to be as- sessed against each lot, for the im- provement of Lowther Street with asphaltic macadam surfacing from west porperty line of Burden Av- enue to east property line of $ruris- ivick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary far the public welfare to make the herein mentioned improvement, and unless property owners at the tlmo of the final consideration of this propoeed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have valved all objections thereto, Special Session, April 13, 1932 239 Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by this City Council and are now on file with the City Clerk. That the eost and expense of making said improvement will be assessed open and against all privately i gwned property lying within as- s®ssable distance provided by law aad in an amount not to exceed the amount provided by law, prop- erty will be assessed whether they ' ~ same abuts thereon or is adjacent thereto according to area and in ~= proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement fund. Bquds shall be issued and sold in anticipatign of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, Th above resolution was intro- daced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. ~'he foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLABENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZ11dGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, ""' City Clerk. ;~ Councilman 6chueller moved the adoption of the resolution. Seconded ~ by Councilman Kintzinger. Car- vied by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. 0 'i ~~ ~i :(Ordering Gnetruetion) RE60iUT10N N0. ~D6--52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of neces- siby No. 148-52 which was duly passed by this Council, 4or the im- provement of Lowther Street with asphaltic tnaeadam surfacing from west property line of Burden Ave- tue to east property line of Bruns- Nick Street be and the same are Hereby ordered and constructed by ;his Council upon its own motion snd with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- iofore adopted and now on file in the office of the City Clerk. Be it Further Resolved that the cost and expense of the said im- provements be paid #or by levying special assessments against the privately owned property lying Within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement funds. Pay- ment will be made to the contractor out of funds realized from the sale of bonds fp be issued in anticipa- tion of deferred payments of assess~ meets as provided by law after the work has been completed and ac- cepted by the City Council. Be it Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in fgrce and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. CouucIlman Kintzinger moved that the resglution just read being a resolution ordering a street 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 in- spectinn for at least one week be- fore final adoption. Seconded by Councilman Austin. Carried by the follgwing vote: ideas-idayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. days-None. Proof of publication, certi#ied to by the pubflshers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Ramona Street ~~8 Special Session, April 15, 195 with asphaltic macadam surfacing from 240 feet north of the north property line of Adeline Street to 100 feet south of the south property line of Adeline Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Itintzinger, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements'. ) RESOLUTION N0. 207--52 4l~ereas, proposed plans and specifications and form of contract for the improvement of Ramona Street with asphaltic macadam surfacing from 240 feet north of the north property line of Adeline Street to 100 feet south of the south property line of Adeline Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifications or contract for or cost of such im- provements, said time being this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952 at 7:30 o'clock P.M, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been giuzn an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councflmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Seconded by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 151-52 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 arc now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 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 con- struction 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 Ramona Street with asphaltic macadam surfacing .~ ) '~,: ~ II'~, s ~~ ~~ S ~~ r I~, ~~ ~,. Special Session, April i5, 1952 259 from 240 feet north of the north property line of Adeline Street to 100 feet south of the south property line of Adeline Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer 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 improvement will 6e assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in propor• tion to the special benefits con- ferred thereby. Labor and equip- ment cost shall be paid out of street improvement funds. Bonds shall be issued and sold in anticipa- tion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. T'he above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N.SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 208-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 151--52 which was duly passed by this Councd, for the improvement of Ramona Street with asphaltic macadam surfacing from 240 feet north of the north property line of Adeline Street to 100 feet south of the south property line of Adeline Street be and the same are hereby ordered and con- structed by this Council upon its own motion without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid cut of the street improvement fund. Pay- mentwill 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 ac- cepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its pasage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Schueller move d that the resolution just read being a resolution ordering a street im- provement be now considered com- 260 Special Session, April 15, 1952 Special Session, April 15, 1952 261 _.__ 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 in• spection for at least one week be- fore final adoption. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, 1Velu. Nays-None. Proo# of publication, certified to by the publishers, of notice of BendencY of resolution of ne~es- sity and hearing upon proposed planet, apepificatians, form of eon- tract and Lost of improvement for the improvement of Simpson Street with asphaltic macadam surfacing from the went property line Of Fremont Avenue to the west prgp- arty lies of Cross Street, presented and read. No written objections filed and no objectors pressor in the Council Chamber at the time set for said hearing. Councilman Kintzinger moved that ttte propf of publica~ tion be received and filed. Sec- onded by Councilman Welu. Car- ried by the following vote: yeas-.Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, WAIu. Heys..-hione. (Decision of Council upon ob- i;ctign; tq plms, speCifigetiorls, form of contract and cost of Im- provements.) R~SO4UTION NA. 209-•~-52 Whereas, proposed plans and specifications and form of cpn• tract for the improvement of Simp- son Street with asphaltic macadam SnrfaciR$ from rho west property line of Fremgnt Avenue to the west property line of Cross Street have been approved by the City Council of the City of Dubuque and public notice given as pro• oiled by Chapter 391 of the Code of Iowa, iBSO, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi• cations or contract for or cost of such improvements, said time be- ing this 15th day of Apri1,1952; and W}aereas, the City Council met in special session this 15th day of April, 19b2, at 7:30 o'clock P.M. at the CouncD Chambers in the City HaA for the purpose of bear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans for or cost of the im- prgvement herein described and propgsed to be made; and Whereas, all interested parties have been liven an gpportunity to be heard and all objections which have been filed have been duly Weighed and considered; now tbsrefpre Be It Resolved hY the City Council of the City of Dubuque, that all objections which have been made and Hied to the plans for or rnst of said improvements herein desm'ibed and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted, fie It Further Resolved that this resolution cgntaining the detislon n# this Council upon aIl objections which have been filed tq the plans fqr ox cost of said improvement be Inade a matter of permanent record In cpnnectiop with said irpprgve- ment. Passed, adopted and approved this 15th day of April, 1952. RAy F. KOI,R, Mayor. CLAi;KNCE P. WKI.[l, RUl3EN V. AUSTIN, CHARLES A, KINTZINGER, LEO N. SCHU]'aLLFR, Councilmen. Attest: J, J• SH>'aA, City Clark. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeasr-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu• Nays-Ngne, {Necessity for Improvement) RESOLUTION N0. 154-•S2 Whereas, proposed Plana, 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 boundaries of the dis- trict, if spy. `i ~';. ~ ,'' ~:.,. ~~. ~~i t= d' 4 ~~ t 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 cast 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 Simpson Street with asphaltic macadam surfacing from the west property line of Fre- '' moot Avenue to the west property line of Cross Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said Improvement shall be con- structed and done In accordance with the plans which have been prepared therefor by the City En- gineer 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 improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement fund, Bonds shall be issued and sold in anticipation of deferred paments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 15th day of April, 1952. RAY F, KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCIiUELLER, Councilmen. Attest: J. J, SHEA, City Clerk, Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0, 210-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 159-52 which was duly passed by this Council, for the improvement of Simpson Street with asphaltic macadam surfacing from the west property line of Fre- mont Avenue to the west property line of Cross Street be and the same are hereby ordered and constructed by this Council upon its own mo- tion and without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and. now on file iu the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement funds. Payment will be made to the con- tractor out of funds realized from the sale of bands to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall 262 Special Session, April 15, 1952 be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Kintzinger moved that the resolution just read being a resolution ordering a street 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon groposed plans, specifications, form of con• tract and cost of improvement for the improvement of Stetmore Street with asphaltic macadam surfacing from south property line of Lombard Street to a point 660 feet south, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried. by the following vote: Peas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• improvements.) RESOLUTION N0. 211-52 Whereas, proposed plans and specifications and form of contract for the improvement of Stetmore Street with asphaltic macadam surfacing from the south property line of Lombard Street to a point 660 feet south have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications, or contract for or cost of such improvements, said time being this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard aad all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque that all objections which have been made and filed to the plans for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore .approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KHVTZINGER, LEO N. SCHUELLER, Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 157-52 Whereas, proposed plans, speci- fications, form of contract, plat .and schedule have been duly pre- pared and approved by the City Special Session, April 15, 1952 263 Council of the City of Dubuque and "`' are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 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 i improvement of Stetmore Street ~ with asphaltic macadam surfacing ~ from the south property line of - - Lombard Street to a point 660 feet south. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary ~ for the public welfare to make the herein mentioned improvement, ~ and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- strutted and done in accordance with the plans which have been prepared by the City Engineer which have been approved by the City Council and are now on file ~ with the City Clerk. That the cost and expense of making said im- provement will be assessed upon ~° and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be ' assessed whether the same abuts thereon or is adjacent thereto ac- h cording to area and in proportion ;=~z to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street im- r ~i provement fund. Bonds shall be ~ p ; issued and sold in anticipation of deferred payments of assessments '~ when a contract has been per- formed and accepted and the pro• ceeds thereof used to pay the con• tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro• posed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RLTBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 212-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of neces- sity No. 157-52 which was duly passed by this Council, for the im- provement of Stetmore Street with asphaltic macadam surfacing from south property line of Lombard Street to a point 660 feet south be and the same are hereby ordered and constructed by this Council upon its own motion without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk: Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con• ferred, and any deficiency will be paid out of the street improvement 264 Special Session, April 15, 1952 funds: Payment will be made tb the contractor out of funds reaBzed from the sale of bonds to be issued in anticipation of deferred pay- menta as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage aad adoption by the City Council. Approved and placed on file for final adoption this 15th day of Aprll, 1882. Coun¢ilntan Aubtin moved that the resolution just read, being a resolution otdering a street im- provement be now considered com- plete io form for final passage and further move that the same be placed on file with the City Clerk and remain on file far public in- spection for at least one week be- fore final adoption, leconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councllmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed pleas, apscifications, form of con- tract and Bost of improvement for the improvement of Strauas Street with aaphalUc macadam surfacing from west property line of Burden Avenue tb east property line of Brunswick Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Welu moved that the proof of publication be received and filed. Seconded by Counetlman Austin. Carried by the following vote: fens-Mayor 'Kolb, Councilman A t{ s t i n, Kiatziager, Schueller. Nelu. Nays-None. tDeailbn of Ceuncfl upon ob• {!d(`NII! t0 'IatK~ !plelFicata~u, farm of cotrtraet end eat of im• prwentanil,r fl:®S06Uti0N N0. 217-•S2 'Whereas, ptoposml plans and specificatians and form of contract for the improvement of Strauss Street with asphaltic macadam surfacing from west property line of Burden Avenue to the east prop- erty line of Brunswick Street have been approved by the City Council of the City of Ifubuque and public notice given as provided by Chapter 3R1 of the Code of Iowa, 1950, per- . twining to public contracts and bonds, and the time and place fixed for the hearing of all ob• jec•titma to said plans for or cost tlt such improvements, said time bAhtg this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of Aprli, 15~, at 7:3U o'clock ir.M. at the Council Chambers in the City ball for the purpose of hearing all interested parties and considering say and all objnctions which Have been filled to the proposed plans for or cost of the improvement hefeid described and proposed to be made; and Whereas, all interested parties have bc+en given ae opportunity to be heard and all objections which Have been filed have been duly weighed and considered; now, therefore 13e It Resolved by leis City Council of the City of Dubuque, that all objections which have been made wnd filed to the plans here- tofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon ail objections which have been filed to the plans, for or cost of said fmprovethent be made a matter of permanent record in ebnnection with said im- provement. Passed, adapted and approved thfs i5th day of AprIl, 1952. RAY F. KOLB, Mayor, CLARENGE P. WELU, RUBEN V. AUSTIN, CIIARLES A. KINFZINGER, LEf? N. SCHUELLER, Councilmen. Attest: d, d. SHEA, City Clerk. Coaneilmlan Welu inbred the adoflt)on bf the resolution. See• onddd Ttg Counclliuaa Schueller. Ckt'ried by Elie following vote: f i y ''~"' a`f° ~~, »~, r zt; :~. -a: ~~~+' ~ ~ V ~~ d~. b Special Session, April l5, 1952 265 Yeas•-Mayor Kolb, Schueller, Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity far Improvement) RESOLUTION N0. 164-,52 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 off[ce of the City Clerk showing among other things the #ollowing: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve• ment. 4. i';ach lot groposed to 4e ag• sensed together with a valuation fjxed by the council. 5. An estimate of the cost of the proposed improvement, statipg 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, (or the improvement of Strauss Street with asphaltic macadam surfacing from west property line of $urden Ave= nue to east property line of Bruns• wick Street. $e It Therefore fieso)ved that the City Council on its awn motion deems it advisable and necessary for the public welfare to make the herein mentioned improyement, and unless property owners at the time of the final consideration of this proposed resolution Nava on file with the GitY Clerk objections tq the amount pf the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted end done in accordance with the plans which have been prepared therefor by the,City Ea= gineer which have been approved by the City Council and are ApW qn file With the City Clerk. That the Cost aad expense of making said imprrovement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in ?roportian to the special benefits .onferred thereby. Labor and ~uipment cost shall be paid out of she street improvement fund. Bonds shall be issued and sold in anticipa- tion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and placed on file with the City Clerk this 22nd day of March, 1552. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this i5th day of April, 1952. RAY F, KOLB, Mayor. CLABENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINCiE)3, I,I'a0 N. SCIiITELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kjptzjnger moved the adoption pf the resolution. Seconded by Councilman Schuel- ler. Carried by the following vote: Xeas~MaYor Kolb, Councilmen Austin, Kintzionger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 114-52 Be It Resolved by the City Council of the City of Dubuque that pyrspant to a resolution 9f pecessity No. 164-52 which wag duly passed by this Council, far the improvement of Strauss Street with asphaltic macadam surfacing from west property line of Burden Avenue to east property line of Brunswick Street be and the same are hereby ordered and constructed by this Council upon its awn mo. lion without the petition of prap- arty owners. All the work shall be constructed in accordance with the plans and speci#ications heretpfore adopted and now on file in the office of the City Clerk. He It Further Resolved that the ot-st aad expense of tb4e said ins- provements be paid for by lyvyigg spacial asaegsmants against the privately owned Property lying Within the assessable distance from the improvements, Whether 266 Special Session, April i5, 1952 such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street improvement fends. Payment will be made to the contractor out of funds rea- lized from the sale of bonds to be issued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Schueller move d that the resolution just read be- ing aresolution ordering a street improvement be now considered complete in form for final pas- sage ,and further move that the resolution 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 Kintzin- ger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Notice of Claim of Delha E. Hines in the amount of $2,000.00 for damages and injuries received in a fall on an icy sidewalk on the west side of Main Street in the 300 block, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Notice of Claim of Harlan Robey in an unstated amount for dam- ages to a hub cap and tire on his car caused in striking a grojecting catch basin cover just south of Tenth Street and Central Avenue, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays~None, Original Notice of Suit of Irvin J. Potts, Plaintiff vs City of Du- buque, Defendant in the amount of $5,000.00 and costs far injuries re- ceived in a fall on an icy sidewalk at approximately 1015 Booth Street, presented and read. Councilman Austin moved that the Original Notice of Suit be re- ferred to ttie City Solicitor for recommendation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Communication of The League of Women Voters of Dubuque County thanking Council for the - copy of the Revised City Ordin- ances, presented and read. Councilman Austin moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Communication of D u b u q u e County Conservation Society ex- tending invitation to the Mayor and Members of the City Council to attend a meeting to be held on Tuesday, April 15, 1952 at the Chamber of Commerce to consider the possibility of constructing a road to Julier, Dubuque's Grave, presented and read. Councilman Austin moved that the communication be received and filed. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. +'.~ '. ' , A;i. 1 ~. >- E ~=r. "i ~ k'.i 'fit, :,~ ~'- .~ ~ ~, ~ .~~~~ 1 , it Special Session, April 15, 1952 267 Dubuque, Iowa April 14, 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 April, 1952, in compliance with provisions of Ordinance 50-51. These figures indicate that the base rates as set forth in the Or- dinance should not be changed for the next quarter. Respectfully submitted, The Key City Gas Company Richard V. McKay, Secretary-Manager. Councilman Welu moved that the communication be received and made a matter of record and the report placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS Washington, D.C. April 4, 1952 Mr. L. J. Schiltz, City Manager, Dubuque, Iowa. Dear Mr. Schiltz: We have completed the count of the population residing within the areas annexed to the City of Du- buque on May 1, 1950 and February 7, 1952 and a certificate is en- closed giving the results of our field check. As you will note, there were 1,552 persons reported on April 1, 1950 in the area annexed to Dubuque subsequent to the census date. We will notify the Federal Com• mittee on standard Metropolitan Areas of the results of our field check, in order that consideration may be given to the designation of a Standard Metropolitan Area for the city of Dubuque. Sincerely yours, Roy V. Paul, Director Bureau of the Census. I hereby certify, That according to the official count of the returns of the Seventeenth Census of the United States, on file in the Bureau of the Census, the population of the city of Dubuque, County of Du- buque, State of Iowa, as of April 1, 1950, was 49,671; that the popu- lation of the areas annexed to the City of Dubuque on May 1, 1950 and February 7, 1952 was 1,552; and that the population of the area comprising the city of Dubuque and the areas annexed on May 1, 1950 and February 7, 1952 was 51- 223, as of April 1, 1950. Roy V. Paul, Director, Bureau of the Census. Councilman Austin moved that the communication and certificate be received and made a matter of record. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of The Military Order of the Purple Heart, Inc. National Headquarters, Chicago, III. re- questing permission and coopera- tion in authorizing an exhibit of antique and modern firearms and war equipment for a period of a few days, sometime during this year, the exact dates to be de- t~rmined later, presented and read. Councilman Welu moved that the request be granted. Seconded by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Frank Quade and others, property owners on Strauss Street from the east property line of Burden Avenue to the west prop- erty line of Windsor Avenue, re- questing Council to delete from the general street improvement plan the above described portion of Strauss Street, presented and read. Councilman Austin moved that the petition be referred to the City 1lfanager for recommendation and report. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. 268 Special Session, April 15, 1952 ORDINANCE N0. 16-54 An Ordinance exacting compli• ante with Proclamation issued by the Mayor in times of public dan• ger or emergency and providing a penalty for a violation hereof, presorted and read. Councilman Austin moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Welu. Carried by the fol- Icwing vote: Yeas-Mayor Kclb, Councilmen A u s t•i n, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 18.52 Au Ordinance exacting compliance with Proclamation issued by the Mayor in times of public danger or em agency and providing a penalty far a violation hereof. BE !T ENACTED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE: Oection 1. No person, firm or cor- poration shall violate the provisions of any proclamation issued by the Mayor during times of public danger or emergency under the authority of Section 2 of Ordinance 93 of the City of Dubuque. Section 2. Any person, Pirm or cor- pora[ton who shall violate any of the terms or conditions hereof shall be guilty oY a misdemeanor and upon conv ction thereof shall be fined not to exceed One Hundred Dollars ($100) or imprisoned in the County IaBectiono3.toThis Ordinance3shall be in full force and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 15th day of April 1952. hole requiring reading on three separate days suspended by unani- mous vote the 15th day of April 1952. Passed, adopted and approved this Path day of April 1952. Ray F. Kolb, Mayor. Clarence P. Welu, Ruben V. Austin Charles A. Kintzinger, Lea N. Schueller, Councilmen. Attest: J. J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 18th day of April 1952. 1t.Apr.li} J. J. SHEA, City Clerk. Councilman Anstin moved the adoption of the ordinance. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 1T-52 An Ordinance authorizing the City Manager to prohibit unauth- orized persons or vehicles from entering. flooded areas; prohibiting occupancy of dwellings within such areas; providing a penalty for violation hereof, presented and read, Councilman Kintzinger moved that the reading just had be con• sidered the first reading of the ordinance. Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Councilman Kintzinger moved that the rules be suspended requir• ing an ordinance to be read on three separate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, i Welu. Nays-None. ORDINANCE NO. 17.52 An Ordinance authorizing the City Manager to prohibit unauthorized per- sona or vehicles from entering flood- ed areas; pronibiting occupancy of d'. ellinga within such arena; provid- ing apenalty for violation hereof. BE IT ORDAINED BY THE CITY L'OUNCIL 0' THE CITY OF DU- BUQUE: $ection t. Whenever the City Man- ager shall determine that any area of the City of Dubuque has been 'or dot d[bymthe floodnwatere ofitheiMis- siesippi Rfver, he may designate the same a "Flood Aroa" and erect ault- able barricades and signs gluing no- tice thereof: Section 2. After signs have been erected givinngg notice thereof, no per- eon ar vehicles shall enter said flood "area without first having been au• thorized to do so by the City Man- ager; . Section 3, The City Manager Is h~:eby empowered to Issue special permits to any persona or vehicles whose presence in such flood areas is demanded by the public interest, which Dermlta shall not be transfer. ab!a and shall be displayed in a promi- nent manner while in such area Section 4. Whenever the imminent danger of flood waters char make any habitation or dwelling dangerous [o health and unsuitable for human habitation, the occupants thereof, upon demand of the City Manager or his properly authorized repreaen- tative, shall vacate Bald dwelling and remove therefrom and shall not re- turn thereto until the City Manager shall have determined such danger no longer exists; $ection B. Any Deraen, firm or cor• orrconditioinsaotf ghis Ordinancatahal] *~: rb: ' l ~ti Special Session, April 15, 1952 269 be guilty of a misdemeanor and pun- ished by a tine of not more than One Hundred Dollars ($100) ar imprison- ed In the County )ail for not more than thirty (30) days. Section 8. Th[s Ordinance shall be in full farce and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 16th day of April, 1s52. Rule requiring reading on three separate days suspended by unani• moos vote the 15th day of April, 1952. Passed, adopted and apprpved this 15th day of April 1952. RAY F. 1~OLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. BCHUELLER, Councilmen, Attest: J. J. Shea, City Clerk. Published officially in The Tele- ofuAprHe19 2 newspaper this IBth day J. J. SHEA, It. Apr. 16 C(ty Clerk. Councilman Kintzinger moved the adoption of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, welu. Nays-None. ORDINANCE N0. 18-52 An Ordinance granting to Chester C. Schmitt, the right to extend the existing sanitary sewer commenc- ing at an existing manhole at a point 383 feet east of the center line of Windsor Avenue-and 26 feet south of the north property line of the property line south of Davis Avenue, thence east a distance of 85 feet and running parallel to and 26 feet south of the said prop- erty, describing the conditions of the grant, regulating the use of said sewer and future connections therewith, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. Councilman welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, Councilman Welu moved that the ordinance just read being an ordinance granting the right to use or occupy a street be now con- sidered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0, 14-52 An Ordinance granting to the Independent School District of Du- buque, Iowa, its successors and assigns, the right to construct and maintain a six (6) inch cast iron sewage force main beginning at a point on the south property line of Pennsylvania Avenue at the inter- section of Green Street Extension and Pennsylvania Avenue; from thence northeasterly to a point ten i10) feet west of the centerline of Green Street Extension; thence continuing northeasterly along a line parallel to and ten (10) feet west of the center line of Green Street Extension to a point sigh~ teen (18) feet west of the east line of Bunker Hill Street; thence six hundred twenty two (622) feet northerly and along a line parallel to, and eighteen (18) feet west of the east line of Bunker Hill Street to the terminal point at an existing manhole, being fifty five (55) feet north of the center line of Finley Street, prescribing the conditions of this grant and regulating the use of said sewer, said ordinance having been passed upon firstread- ing on April 7th, 1952 and ordered placed an file with the City Clerk for public inspection for at least one week before final adoption, was presented for final adoption. ORDINANCE NO. 14.52 An ordinance granting to '.he In- dependent Schoo] District of Dubuque, Iowa, its successors and assigns, the right to construct and maintain a six (6) inch cast iron sewage force main beginning at a point on the south property line of Pennsylvania Avenue at the intersection of Green Street Extens[on and Pennsylvania Avenue; from thence northeaateny to a point ten {10) feet west of the cen- terline of Green Street Extension; thence continuing northeasterly along a line parallel to and ten (10) feet west of the center line of Green S[reet Extension to a point eighteen (18) feet west of the east line of Bunker Hill Street; tl•.ence six hundred twen- '1~,~ ~~ `, ,~ji 270 Special ,Session, April 15, 1952 ty-two (622) feet northerly and along a line parallel to, and eighteen (18) feet west of the east line oY Bunker Hill Street to the terminal point at an existing manhole, being fifty-five (65) feet north of the center line of Finley Street, prescribing the con- ditions of this• grant and regulating the use of said sewer. Whereas Independent School Dis- trict of Dubuque, Iowa, has peti- tioned the City Council of the City of Dubuque for permission to con- struct and maintain a aiz (6) inch cast iron sewage force main begin- ning at a point on the south prop- erty line of Pennsylvania Avenue at the Intersection of Green Street Ex- tension and Pennsylvania Avenue; from thence northeasterly to a point ten (10) feet west of the center line of Green Street Extension; thence continuing northeasterly along a line parallel to and ten (30) teat west of the center line of Green Street Extension to a point eighteen (18) feet west of the east line of Bunker Hill Street; thence sia hundred twen- ty-two (622) Peet northerly and along a line parallel to, and eighteen (18) feet west of the east line of Bunker H111 Street to the terminal point at an existing manhole, being fifty-five (55) feet north of the center fine of Finley Street, and this Council, after due consideration, finds no abjection to the granting of said request inso- far as the Council has jurisdiction. Be it Ordained by the City Council of the City o4 Dubuque: Section 1. That Independent School District of Dubuque, Iowa, its suc- cessors and assigns, be and they are hereby granted the right to con- struct and maintain a six (GJ inch cast iron sewage force main begin- ning at a point on the south prop- erty line of Pennsylvania Avenue at the intersection of Green Street Ex- tension and Pennsylvania Avenue; Prom thence northeasterly to a point ten (10) feet west of the center line aP Green Street Extension; thence continuing northeasterly along a line parallel to and ten (10) feet west of the center line of Green Street Ex- tension to a point eighteen (181 feet west of the east line of Bunker Hill Street; thence six hundred twenty- two (622) feet northerly and along a line parallel to, and eighteen (18) feet went of the east line of Bunker Hin Street to the terminal point at an existing manhole, being fifty-five (55) Peet north of the center line of Finley Street. Sect[on 2. That the total cast of constructing said sewer shall pe paid by the applicant and Bald sewer shall be built under the direction and su- pervision of the City Manager and the City Engineer. Section 3. That before commenc- ing any excavation in the street preparatory to the ]eying of said sewer, said applicant or the con- tractor to whom the work shall be awarded shall make application for and obtain an excavation permit from the City of Dubuque. Section 4. All maintenance and repairs on this sewer shall be paid by the applicant herein, its successors and assigns. Section 5. That after said sewer has been constructed it shall not be removed or !ts free use Interfered with by the applicant herein, its suc- cessors or assigns. Section 8. Aa a further consJdera- tion to this grant, It is understood that this sanitary sewer shall be used [o carry only sanitary sewage from the New Irving School located on Pennsylvania Avenue; that no down spouts shall be connected therewith; that no surface water or drainage of any kind shall be run into said sewer. Section 7. That the right to con- struct and use Bald sewer shall be subject to the cant[nuoua control of the City Council, reserving [he right to said City Council to impose re- strictions and condittons upon the use and enjoyment thereof as may be reasonably necessary for the pro- tection of the public Interest, in- cluding the right to revoke and re- scind the grant herein made, if at any time the public Interests of the City of Dubuque should so require. Section 8. That this Ordinance shall be in force and effect from and after its final passage and adoption by the City Councn, publication as provided by law, when the rost in connection therewith has been paid by Petitioner, and the grant here- under shall accrue to Independent School District of Dubuque, lows, when the terms hereof are accepted by Petitioner, which acceptance shall be endorsed hereon. Passed upon first reading this 7th day of April, 1962, Fassed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Attest: Councilmen. f J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 18th day of April, 1952, J. J. SHEA, 1tApr18 City Clerk. Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policy and desire to have your approval on same for filing, subject to the ap• proval of the City Solicitor. EXCAVATION Charles B. Beversdorf and Hu- bert Galls, (B & G Excavators), 2018 White Street -Policy No. MC254321 Hartford Accident and Inrcmnity Company. Respectfully. submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the policy be approved and placed on file. Seconded by Councilman r _ ;a~ II I !. Special Session, April 15, 1952 271 Wc1u. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City CouncIl, llubuque, Iowa. Gentlemen: 1 appeared before the Board of Engineers for Rivers and Harbors at Gravely Point, Virginia on April 10th and to supplement my written report on Flood Control at Dubuque. It is evident that the support for any flood projects must be made through Congress who appropri- ates funds to make surveys and reports and actual construction. This process is somewhat lengthy and takes several years before construction could be started. A significant fact relative to floods at Dubuque is that from 1870 to 1938 there were only eight times that the stage exceeded 18 feet. From 1938 to 1952 there were eight times the stage exceeded eighteen feet, From these figures it is evident to me that there is some relation to the dams in the river and to floods. In order to proceed with a plan for flood protection without Fed• eral funds and under present State laws, the project would have io be undertaken as a special as- sessment project, and the costs assessed against the benefited property. If it is to be a general obligation of the city, the State Law applicable to issuing general obligation bonds will have to be amended to include Flood Control. If the property owners in the flood area desire to have immedi- ate plans prepared for protection, a petition should be submitted to the city council requesting said improvement. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Austin moved that the communication of City Man- ager Schiltz be received and made a matter of record, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 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 March, 1952; also list of claims and list of payrolls for which warrants were issued for the month of March, 1952. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Schueller moved that the reports be received and placed on file. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. ATays-None. (Awarding Contract) RESOLUTION N0. 1632 Whereas, proposals have been submitted by contractors for the improvement of Mt, Vernon Court with concrete pavement from the west. property line of South Grand- view Avenue to the end of the street pursuant to Resolution No. 54-52 and Thos. Flynn Coal Com- ', pony of Dubuque, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos. Flynn Coal Company of Dubuque, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council, Approved and placed on file for one week on April 7th, 1952. ,. 272 Special Session, April 15, 1952 Passed, adopted this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Atteat: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. bays-None. RESOLUTION N0. 215-62 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. Clifford Steffen,1103 Towa Street. Lester A. Foell, 1638 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: yeas--Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, RESOLUTION N0. 216-52 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Carl N. Brant and Bernard N. Arensdorf, 2500 Central Avenue. Lester A. Foell, 1638 Central Avenue, Clifford Steffen, 1103 Iowa Street. Merlyn L. Weber, 1904 Central Avenue. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor, CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 211-52 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Councd; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the .City of Dubuque that the Manager be and he is directed to Issae to the following named ap- plicants aBeer Permit: CLASS "B" PERMIT Carl N. Brant and Bernard N. Arensdorf, 2500 Central Avenue. Lester A. Foell, 1638 Chntral Avenue. Clifford Steffen, 1109 Iowa Street. Merlyn L, Weber, 1904 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. .h;., ~,,, ~ ~ y~ 4 :.; -~'~ ~~ ~;r: ~,' "I;. l~ ~. ~' ~'~~ ~~ Spacial Session, April 15, 1452 273 Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCINELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 218-52 Resolution and Application for Transfer of Emergency Fund, Whereas, there now is in the hands of the treasurer of City of Dubuque, Dubuque County, Iowa, the sum of $6,600.00, credited to the Emergency Fund thereof; and Whereas, an emergency has arisen which requires the expendi- ture of $6,600.00, said emergency being of the following character: Miscellaneous revenues are insuf- ficient to meet current expendi- tares; and Whereas, the revenue in the Recreation Fund is insufficient to meet its estimated actual and necessary expenses for the current fiscal year and the emergency re- ferred to; therefore, be it Resolved by the City Council of Dubuque, Dubuque County, Iowa, that $6,600.00 of the funds in the Emergency Fund be transferred to the Recreation Fhnd of said mu- nicipality; subject to the approval of the State Comptroller, to be ex- pended in accordance with the pro- visions of Section 24.6 of the Code of 1950, and The Auditor of said municipality, upon receipt of approval by the State Comptroller, is directed to correct his books accordingly and to notify the treasurer of the trans- fer, accompanying the notification with a copy of this resolution and the record of its adoption. (Presiding Officer) RAY F. KOLB Mayor. (Secretarial Officer ) J. J. SHEA, City Clerk, The foregoing resolution was adopted by the City Council of Dubuque, Dubuque County, Iowa, at a special meeting of the same on the 15Th day of Aprll, 1952. Tho vote thereon was as follows: Ayes RAY F. KOLB, Mayor, CLARENCE P. WELU, RUBEN V, AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Nays-None. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec• onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Adeline Street with curb and gutter from the east property lino of Grand- view Avenue to the west property line of Ramona Street, presented and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Austin.' Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter Inn Adeline Street from the east property lino of Grandview Ave- nue to the west property line of 274 Special Session, April 15, 1952 Ramona Street. Attached is the tabulation of bids received. I recommend that the contract be awarded to the Thos. Flynn Coal Company who submitted the lowest bid received which was 15% under the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 219-52 Whereas, proposals have been submitted by contractors for the improvement of Adeline Street with curb and gutter from the east property line of Grandview Ave- nue to the west property line of Ramona Street pursuant to Reso- lution No. 99-52 and Thos. Flynn Coal Company contractor, has sub- mitted the lowest bid for the furn- ishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos. Flynn Coal Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Cotmcil, Approved and placed on file for one week on April 15th, 1952. - Councilman Welu moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least pne week before final adop- tion. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Apple Street with curb and gutter from the north property line of Cleve- land Avenue to the south property line of Oak Street, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Apple Street from the north property line of Cleveland Avenue to the south property line of Oak Street. Attached is the tabulation of bids received. I recommend that the contract be awarded to the K-M Construc- tion Company who submitted the lowest bid received which was 13.5% under the Engineer's esti- mate. Respectfully submitted, L. J, SCHILTZ, ' City Manager. Councilman Austin moved that the recommendation of City Man• alter Schiltz be approved. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. (Awarding Contract) RESOLUTION N0. 220-52 Whereas, proposals have been submitted by contractors for the improvement of Apple Street from north property line of Cleveland ,,.: ~. ~ ~~~~;: i ~~' ~~ ~~ ,. Special Session, April 15, 1952 275 Avenue to the south property line of Oak Street pursuant to Resolu- tion No. 101-52 and K-M Construc- tion Company contractor, has sub- mitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be ward- ed to K-M Construction Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Austin moved that the resolution just read being a resolution making a contract be now considered complete 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 inspection for at least one week before final adop- tion. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for improvement of the west side of Cross Street with curb and gutter from the south property line of Coates Street to the north property line of Simpson Street, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Cross Street from the south property line of Coates Street to the north property line of Simpson Street. Attached is the tabulation of bids received. I recommed that the contract be awarded to the K-M Construction Company who submitted the lowest bid received which was 15.2% under the Engineer's estimate. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Austin. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 221-52 Whereas, proposals have been submitted for the improvement of the west side of Cross Street with curb and gutter from the south side of Coates Street to the north property line of Simpson Street pursuant to Resolution No. 103-52 and K-M Construction Company contractor, has submitted the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided far in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the above mentioned improve- ment be awarded to K-M Construc- tion Company and the Manager be and he is hereby directed to ex- ecute on behalf of the City of Du- buque for the complete perform- ance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. ' Approved and placed on file for one week on April 15th, 1952. 276 Special Session, Apra 15, 1952 Councilman Schueller moved that the resolution just read, being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file and remain on file for public in- spection for at least one week before final adoption. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Decatur Street with curb and gutter from east property line of Rhomberg Avenue to the west property line of Garfield Avenue, presented and read. Councilman Austin moved that the proof of publication be received and filed. Seconded by Counc~7man Welu. Carried by the -following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Pursuant to your in• structions, sealed bids were re- ceived up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Decatur Street from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Attached is the tabulation of bids received. I recommend that the contract be awarded to K•M Construction Company who submitted the low- est bid received which was 14.3% under the Engineer's estimate. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 222-52 Whereas, proposals have been submitted by contractors for the improvement of Decatur Street with curb and gutter from east property line of Rhomberg Avenue to the west property line of Gar• field Avenue pursuant to Resolu- tion No. 105--52 and K•M Construc- tion Company contractor, has sub- mitted the lowest bid for the furn- ishing of all labor and materials and performing the work as pra vided for in the plans and specifi• cations; now threfore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to &M Construction Company and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council Approved and placed on file for one week on April 15th, 1952. Councilman Kintzinger moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of De- catur Street with curb and gutter. from east property line of Prescott Street to west property line of Lincoln Avenue, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Special Session, April 15, 1952 277 Yeas-Mayor Kolb, Councilmen ' Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were re• ceived up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Decatur Street from the east property line of Pres- cott Street to the west property line of Lincoln Avenue. Attached is the tabulation of bids received. I recommend that the contract ~ be awarded to K-M Construction Company who submitted the lowest bid received which was 15.5% un• der the Engineer's estimate. Respectfully submitted, r L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ~ (Awarding Contract) ;~ RESOLUTION NO. 223-52 Whereas, proposals have been ' submitted by contractors for the i ' ~ improvement of Decatur Street , with curb and gutter from east property line of Prescott Street to west property line of Lincoln Av- enue purusant to Resolution No. 107-52 and K•M Construction ! Company contractor, has submit- i ted the lowest bid for the furnish- ing of all labor and materials and ' performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned ' i improvement be awarded to R-M ``s Construction Company and the ~1119~; Manager be and he is hereby di- ~ ~ rected to execute a contract on behalf of the City of Dubuque for ` , the complete performance of said work. '~ Be It Further Resolved that this ^ ~ resolution being deemed urgent and of immediate necessity become ~ ~ ~ effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Welu moved that the resolution just read being a reso- lution making a contract be now considered complete in form far 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 adop- tion. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-one. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of Hamilton Street with curb and gut- ter from east property line of Rhomberg Avenue to the west prop- erty line of Garfield Avenue, pre- sented and read. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Hamilton Street from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Attached is the tabulation of bids received, I recommend that the contract be awarded to K-M Construction Company who submitted the low- est bid received which was 15.5% under the Engineer's estimate, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- 278 Special Session, April 15, 1952 onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 224-52 Whereas, proposals have been submitted by contractors for the improvement of Decatur Street with curb and gutter from east property line of Rhomberg Avenue to the west property line of Gar- field Avenue pursuant to Resolu- tion No. 109-52 and K-M Con- struction Company contractor, has submitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and speci• fications; now therefore, Be It Resolved by the City Coun• cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to K-M Construction Company and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952, Councilman Kintzinger moved that the resolution just' read being a resolution making a contract be now considered complete in form 'for final passage and further move that ~e same be placed on file with t e City Clerk and remain on file for public inspection for at least one week before final adop• tion. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Hamilton Street with curb and gutter from the east property line of Lincoln Avenue to the west property line of Prescott Street, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were receiv- ed up to 10:00 A.M, on April 15th, 1952 for the construction of curb and gutter on Hamilton Street from the east property line of Lin- coln Avenue to the west property line of Prescott Street. Attached is the tabulation of bids received. I recommend that the contract be awarded to the K-M Construc- tion Company who subntted the lowest bid received which was 15.9°fa under the Engineer's esti- mate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION NO. 225-52 Whereas, proposals have been submitted by contractors for the improvement of Hamilton Street with curb and gutter from east property line of Lincoln Avenue to the west property line of Pres- cott Street pursuant to Resolution No, 1]1-52 and K-M Construction Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be it Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to K-M Construction Company and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent a~I '~ r $ I,I i~ ~ '~~ I 1~ ,~I Special Session, April 15, 1952 279 and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on April 13th, 1952. Councilman Schueller moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection For at least one week before final adop- tion. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of Lowther Street with curb and gut- ter from west property line of Burden Avenue to the east prop- erty line of Brunswick Street, pre- sented and read. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Pursuant to your in- structions, sealed bids were receiv- ed up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Lowther Street from the west property line of Burden Avenue to the east property line of Brunswick Street. Attached is the tabulation of bids received. I recommend that the contract be awarded to the K-M Construc- tion Company who submitted the lowest bid received which was 15% under the Engineer's Estimate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 226-52 Whereas, proposals have been submitted by contractors for the improvement of Lowther Street with curb and gutter from west property line of Burden Avenue to the east property line of Bruns- wick Street pursuant to Resolution No. 113-52 and K•M Construction Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mention- ed improvement be awarded to K-M Construction Company and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Kintzinger moved that the resolution just read being a resolution making a contract be now considered complete in ,form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Ramona Street with curb and gutter from 200 feet north of the north prop- erty line of Adeline Street to 100 feet south of the south property line of Adeline Street, presented and read. Councilman Welu moved that the proof of publication be received 280 Special Session, April 15, 1952 and filed, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Pursuant to your in- structions, sealed bids were receiv- ed up to 10:00 A.M. on Apri115th, 1952 for the construction of curb and gutter on Ramona Street from 240 feet north of the north prop- erty line of Adeline Street to 100 feet south of the south property line of Adeline Street. Attached is the tabulation of bids received. I recommend that the contract be awarded to the K•M Construc- tion Company who submitted the lowest bid received which was 16.4% under the Engineer's esti- mate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. (Awarding Contracll RESOLUTION N0. 227-52 Whereas, proposals have been submitted by contractors for the ~nprovement of .Ramona Street with curb and gutter from 200 feet south of the south property line of Adeline Street to 100 feet south of the south property line of Ade- Iine Street pursuant to Resolution No. 115-52 and K-M Construction Company contractor, has submitted the lowest bid for the furnishing bf all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to K-M Construction Company and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be• come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Welu moved that the resolution just read being a resolu- tion making a contract be now con- sidered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of the south 'side of Simpson Street with curb and gutter from the west property line of Fremont Avenue to a point 125 feet west, of west property line of Cross Street, presented and read. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were receiv- ed up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on the south side of Simpson Street from the west prop- erty line of Fremont Avenue to a point 125 feet west of the west property line of Cross Street. At- la~hed is the tabulation of bids received. I recommend that the contract be awarded to the &M Construc- tion Company who submitted the lowest bid received which was 12.4% under the Engineer's esti- mate, Respectfbully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City ,:., i ~.. ~' ~~ fi _wa t ~, '" ~' {~?~ +i~~_ 3a, I q;' '~~ ~k, J Special Session, April 15, 1952 281 Manager Schiltz be approved, Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 228-52 Whereas, proposals have been submitted by contractors for the improvement of South side of Simpson Street with curb and gut- ter from west property line of Fre- mont Avenue to a point 125 feet west of the west property line of Cross Street pursuant to Resolu- tion No. 117-52 and K-M Construc- tion Company contractor, has sub- mitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and speci- fications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mention- ed improvement be awarded to K-M Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Kintzinger moved that the resolution just read being a resolution making a contract be now considered complete in form far 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 adop• lion. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kolb. Councilmen Austin, Kintzinger, Schueller, Welu. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of the east side of Stetmore Street with curb and gutter from south proper- ty line of Lombard Street to a point 660 feet south, presented and read. Councilman Schueller moved that the proof of publication be receiv ed and filed. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on the east side of Stetmore Street from the south property line of Lombard Street to a point 660 feet south. Attached is the tabulation of bids received, I recommend that t}ie contract be awarded to K-M Construction Company who submitted the low- est bid received which was 12,6% under the Engineer's estimate, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 229-52 Whereas, proposals have been submitted by contractors for the improvement of east side of Stet- more Street from south property line of Lombard Street to a point 660 feet south pursuant to Reso- lution No. 119-52 and K-M Con- struction Company contractor, has submitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to K-M Construction Company and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent 282 Special Session, April 15, 1952 and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Schueller moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspeciion for at least one week before final adop- tion Second by Councilman Kint- zinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of Strauss Street with curb and gut- ter from the west property line of Burden Avenue to the east prop- erty line of Brunswick Street, pre• sented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and .City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Strauss Street from the west property line of Burden Avenue to the east prop- erty line of Brunswick Street. At- tached is the tabulation of bids received. I recommend that the contract be awarded to the K-M Construc- tion Company who submitted the lowest bid received which was 10.8% under the Engineer's esti- mate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Awarding Contact) RESOLUTION N0. 230-52 Whereas, proposals have been submitted by contractors for the improvement of Strauss Street with curb and gutter from the west property line of Burden Avenue to the west property line of Bruns- wick Street pursuant to Resolution No. 121-52 and K•M Construction Company contractor, bas submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to K-M Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on :April 15th, 1952, Councilman Welu moved that the resolution just read being a reso- lution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Kelb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that the improvement of Finley Street with concrete curb and gutter from the south property line of Univer- sity Avenue to the north property line of West Street, under con- Special Session, April 15, 1952 283 tract K-M Construction Company of Dubuque, Iowa, has been com• pleted in accordance with the plans and specifications. I, Therefore, recommend the acceptance of this work. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Final Estimate City of Dubuque, Iowa RESOLUTION N0. 231-52 ~^ Whereas, the contract for the improvement of Finley Street with curb and gutter from the south property line of Delhi Street to the south property line of West Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti• mates, notices, inspection, and pre- - paring the assessment and plat, now therefore, - Be It Resolved, by the City Coun- cil of the City of Dubuque, That the cost of said improve• meet is hereby determined to be ,`r $4,582.51. That $4,333.51 of the cost there- . of shall be assessed upon private property and $249.00 shall be paid from the Street Improvement Fund of the City of Dubuque. Passed, adopted and approved r ` this 15th day of April, 1952. f RAY F, KOLB, f Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, '; CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen " Attest: J. J. SHEA, City Clerk r Councilman Welu moved the ~: adoption of the resolution. Seconded ~- ed by Councilman Kintzinger. Car- , ried by the following vote: Yeas-Mayor Kolb, Councilmen r ~ Austin, Kintzinger, Schueller, Welu. Nays-None. i ~, (A Resolution Accepting Im• d .' ~~ provement and Directing the Clerk to Publish Notice.) City of Dubuque, Iowa RESOLUTION N0, 232-52 Whereas, the contract for the improvement of Finley Street with concrete curb and gutter from the south property line of Delhi Street to the north property line of West Street has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com• Meted according to the terms of the contract, plans and specifica• tions and recommends its accept• ante, now therefore, Be It Resolved, by the City Coun• cil of the City of Dubuque, that the recommendation of the City Man• ager be approved and that said improvement be and the same is hereby accepted and the City En• gineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments there- for, as required by law, Be It Further Resolved, that the City Treasurer be anti he is hereby directed to pay to the contractor from the funds to be realized from the sale of improvement bonds is- sued upon the above described im- provement in anmount equal to the amount of his contract, less any retaained percentage provided for therein. Passed, adopted and approved this 15th day of April, 1952, Approved: RAY F, KOLB, Mayor CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. I{INTZINGER, LEO N. SCHUF.LLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Resolution No, 233-52. Prelim• 284 Special Session, sprit 15, 1952 inary approval of proposed plans, specifications, form of contract, plat and schedule and all other docume~s for the improvement of Bradley Street with curb and gutter from. the north property line of Henderson Street to a point 816 feet north,. presented and read. Councilman Austin moved the adoption of the resolution. Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOttJTION N0. 234-~52 Whereas, proposed plans, spea- 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 boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed agains± each lot for the improvement of Bradley Street with curb and gutter from north property line of Henderson Street to a point 816 feet north. Be It Therefore Resolved that the City Council petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mention- ed improvement, and unless prop- erty owners at the time of the ffnal consideration of this proposed resolution have on file with .the City Clerk objections to the amount of the proposed assesments, they shall be deemed to have waived all objections thereto. Said improvement shall be wn• strutted 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 wi.R be assessed upon and against all privately owned proper- ty lying within assessable distant- ance whether the same abuts there- on or is adjacent thereto accord- ing to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street funds or sewer funds, or partly out of each of said funds. Bonds shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been per• lorm~td and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered plac- ed on f'le with the City Clerk this 15th day of April, 1952. Approved: RAY F. KOLB, Mayor CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen Attest; J. J. SHEA, City Clerk Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be plac- ed on f1e with the City Clerk and remain on file for public inspec- tion for at least one week before final adoption. Seconded by Coun- cilman Welu. Carried by the fol• lowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOitJTtON N0. 235--52 Whereas, the City Council of the City of Dubuque, Iowa, has by Rosa lotion No. 233-52 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 for public ~spection, for the improve- y ~ ~' ~~ Special Session, April 15, 1952 285 ment of Bradley Street with eurb and gutter from north property line of Henderson Street to a point 816 feet north 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 of- fice fox public inspection, Be It Therefore Resolved that on the 5th day of May,1952, a pub- lic 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 property sutr ject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and pro posed form of contract and at the same tfine to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City C1erA be and he fs hereby directed to cause a notice of the tune and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso• lotion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Counalman Schueller. Car- ried by the following vote: Yeas--Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 236-52 Preliminary approval of proposed plans, specifications, form of con- tract, plat and schedule and all other documents for the improve~ meet of Pearl Street with curb az-d gutter from east .property line of O'Hagen Street to west prop~ petty line of McCormick Street, presented and read. Councilman Kintranger moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, We1u. Nays-None. (Necessity for Improvement) ftf:SOltITION N0. 2372 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 oth- er things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3, The width of such improve~ went, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the improvement of Pearl Street with curb and gutter from east prop- erty line of O'Hagen Street to west }property line of McCormick Street. Be It Therefore Resolved that the Gity 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 proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done ip accordance with the plans and specifications which have been prepared there- 286 Special Session, April 15, 1952 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• ments will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street improve- ment funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds there- of used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of April, 1952. Approved: RAY F. KOLB, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLEA, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kintzinger moved that the resolution just read, being a resolution ordering a street 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. (Fixing date of hearing) RESOLUTION N0. 238-52 Whereas, the City Council of the City of Dubuque, Iowa has by Resolution No. 236--52 given its preliminary approval on the pro• posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Pearl Street with curb and gutter from the east property line of O'Hagen Street to west property line of McCormick 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 of- fice for public inspection, Be It Therefore resolved that on the 5th day of May, 1952, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at, the same time to the boundaries of the pro- posed district, to the cost of the 'improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro• posed Resolution of Necessity and the City Clerk be and he is here- by directed to cause a notice of the time and place of such hearing to be published in some news- paper published in the city of bubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution have on file with the City Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon Passed, adopted and approved this 15th day of Aprl, 1952. RAY F. KOLB, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Special Session, April 15, 1952 287 Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. There being no further business Councilman Schueller moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk Approved .............................. 1952 Adopted ................................ 1952 Councilmen: 1 .................................. Attest : ........................................ City Clerk ;~ j { ,~ } I~ , ,~9 ti ~' ti'I