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1952 May Council Proceedings12egu)ar Session, May ~, 1952 289 J*`~ a 1. ~, ~. City Council (OFFICIAL) Regular Session, May 5th, 1952. Council met at 7;30 P.M. Present-Mayor Kolb, Council- men Austin, Kintzinger, Schueller, Welu. City Manager Schiltz. Mayor Kolb stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of meet- ing for issuance of Water Revenue Bonds, 1952 Series, in the amount of $200,000, 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, Kintzinger, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of the sale of $200,000 Water Revenue Bonds, 1952 Series, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 239-52 Resolution providing for the sale and award of $200,000 Water Reve- nue Bonds, 1952 Series,. and approv- ing and authorizing the agreement of such sale and award. Whereas notice of sale of Water Revenue Bonds, 1952 Series, of the City of Dubuque, Dubuque County, Iowa, in the amount of $200,000 has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in at least one newspaper located in Du- buque County; and Whereas all sealed bids were re- ceived and placed on file, after which open bids were called for and received as follows: Carleton Beh Co. and Veith, Duncan and Wood-Par, accrued interest, 2~,~?0 interest coupons and premium of $20.00; Quail & Co. and Becker & Cownie, Inc. Par, accrued inter- est 2~/a% interest coupons and premium of $30.00 and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: no sealed bids re- ceived. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad- vised in the premises, it is hereby determined that the bid of Quail & Co. and Becker &Cownie Inc, of par, accrued interest, 2~a% in- terest coupons and premium of $30.00 for the purchase of said Water Revenue Bonds, 1952 Series, as advertised is the highest and best bid received and that said bonds bearing interest at the rate of two and one-half per cent (2~Z%) per annum be and the same are hereby awarded to said Quail & Co. and Becker &Cownie, Inc. Section 2. That the form of agreement of sale of said bonds to Quail & Co. and Becker &Cownie, Inc. be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Introduced May 5, 1952. Councilman Welu moved that the resolution just read being a resolution making a contract be now considered 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- 29~ Regular Session, May 5, 2952 onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 240-52 A Resolution authorizing and providing for the issuance and securing the payment of $ZOO,000 Water Revenue Bonds, 1952 Series, of the City of Dubuque, Iowa, un- der the provisions of Section X7.10 et seq. of the Code of Iowa, for the purpose of defraying the cost of improvement and exten- sions to the municipal waterworks in and far said City and providing for the collection, segregation and distribution of the revenues of such municipal waterworks. 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 and the management and control of said utility is vested in the City Council of said City and no board of trustees exists for this purpose; and Whereas pursuant to a resolution finally adopted by the City Council of said City on December 15, 1950, there have been heretofore issued and are now outstanding Water Revenue Bonds, of said City to the amount of $100,000, dated Decem- ber 1, 1950, bearing interest at the rate of One and seven-eights per cent (1-7/8%) per annum and ma- turing $30,000 on December 1, 1952, and $35,000 on December 1 of each of the years 1953 and 1954, and in and by said resolution the right was reserved to the City to from time to time authorize, issue and deliver under specified conditions additional water revenue bonds ranking on a parity with the bonds thereby authorized; and Whereas this Council has hereto- fore determined it advisable and necessary that the City of Du- buque, Iowa, improve and extend the municipal waterworks, the estimated cost of which improve- ments and extensions aggregates $200,000, and under the provisions of Section 397,10 et seq. of Chapter 397 of the Code of Iowa, said City is authorized to issue negotiable interest bearing revenue bonds for the purpose of defraying the cost of such improvements and exten- sions, which bonds are to be paid fmm the net earnings of such waterworks and secured by a pledge of the property to be acquired with the proceeds from the sale thereof; and Whereas it is deemed advisable that there be authorized to be is- sued at this time additional water- works revenue bonds of said City, as hereinafter provided, so that such additional bonds will rank on a parity with the bonds now opt- standing and a notice of the in- tention of this Council to take ac- tion for the issuance of said ad- ditional $200,000 Water Revenue Bonds, 1952 Series, of said City has heretofore been duly published and no petition setting forth ob- jections to such proposed action has been filed in the office of the City CIerk; Now, Therefore, Be It aad It IS Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That far the purpose of defraying the cost of improve- ments and extensions to the muni- cipal waterworks as referred to in the preamble hereof there be and there are hereby authorized to be issued the ngotiable interest bear- ing revenue bonds of said City of Dubuque, in the principal amount of $200,000, each of which shall be known and designated as a "Water Revenue Bond, 1952 Ser- ies," bearing date of AprR 1, 1952, of the denomination of $1000 each and bearing interest at the rate of two and one-half per cent (2~/a%) per annum, payable December 1, 1952, and semiannually thereafter on the first days of June and De- cember of each year from. the date of said bonds until they are paid. Said bonds shall be numbered consecutively from 1 to 200, in• elusive, and shall mature in numerical order $50,000 on Decem- ber 1 of each of the years 1955 to 1958, inclusive. Both principal and interest of said bonds shall be payable in lawful money of the United States ±~~: ,~ t E A ~~; ;.i I~, Regular Session, May S, 1952 291 of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. All of said bonds and the interest thereon shall rank on a parity with the presently outstanding Water Reve- nue Bonds referred to in the pre- amble hereof and with any ad• ditional bonds which may here- after be issued and outstanding from time to time on a parity therewith and all of such bonds shall be payable solely from the band and interest redemption sink- ing fund hereinafter referred to and shall be a valid claim of the holder thereof only against said fund, and none of said bonds shall be a general obligation of said City nor payable in any manner by taxa- tion, and under no circumstances shall said City be in any manner liable by reason of the failure of the net earnings of the municipal waterworks to be sufficient for the payment in whole or in part of said bonds and interest thereon, but said bonds, together with the presently outstanding bonds re- ferred to in the preamble hereof and such additional bands as may be hereafter issued on a parity therewith, shall be payable, both as to principal and interest, solely and only from the future net earn- ings of said waterworks pledged therefor as hereinafter provided. Section 2. That said bonds and coupons shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE WATER REVENUE BOND 1952 SERIES Number - $1~ The City of Dubuque, in the County of Dubuque, and State of Iowa, for value received promises to pay to bearer, in the manner hereinafter specified, the sum of One Thousand Dollars ($1000) on the first day of December, 19-, with interest on said sum from date hereof until paid at the rate of two and one-hall per cent (2~%) per annum, payable December 1, 1952,and semiannually hereafter on the first days of June and Decem- ber in each year, all such interest as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto at- tached as they severally become due; both principal and interest being payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond and the series of which it is a part are issued by said City pursuant to the provisions of Sec- tion 397.10 et seq. of Chapter 397 of the Code of Iowa, 1950, and all other laws amendatory hereof and supplemental thereto, and in con- formity with a resolution of the City Council of said City duly passed on the 14th day of May, 1952. This bond is one of a series of bonds of like tenor and date (ex- cept maturity), numbered from 1 to 200, inclusive, issued for the purpose of defraying the cost of improving and extending the muni- cipal waterworks in and for said City and is not a general obliga- tion of said City, but this bond and the series of which it forms a part, together with other bonds heretofore issued and outstanding and any additional bonds as may be hereafter issued and outstanding from time to time on a parity therewith under the conditions set forth in the resolution authorizing said series as referred to in the preceding paragraph, are payable solely and out of the future net earnings of said municipal water- works which are pledged for that purpose; and said improvements and extensions acquired from the proceeds of this series of bonds are pledged to the payment of this bond and the series of which it is a part. This bond is not payable in any manner by taxation and under no circumstances shall the City of Dubuque be in any manner ~ liable by reason of the failure of the said net earnings to be suf• ficient for the payment of this bond and the interest hereon. And it is hereby certified, re- cited and declared that all acts, i conditions and things required to exist, happen and be performed 292 Regular Session, May 5, 1952 precedent to and in the issuance of this bond and the series of which it is a part have existed, have hap• pened and have been performed in due time, form and manner, as re• quired by law, and that the is- suance of this bond does not ex- ceed or violate any constitutional or statutory limitation or provision. In Testimony Whereof, said City of Dubuque, .by its Council has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto at- tached to be executed with the facsimile signature of the City Clerk, which official by the execu• lion of this bond does adopt as and for his own proper signature his facsimile signature appearing on said coupons, this first day of April, 1952. Attest: Mayor of the City of Dubuque, Iowa City Clerk of the City of Dubuque, Iowa (Form of Coupon) No. $- The Treasurer of the City of Du- buque, Iowa, will pay to bearer out of the future earnings of its municipal waterworks -Dollars ($-) on -, 19-, at the of- fice of the City Treasurer, Du- buque, Iowa, as provided in and for semiannual interest then due on its Water Revenue Bond, 1952 Series, dated April 1, 1952, No.-. City Clerk. There shall also be printed in bold face type across the face of each of said bonds the following provision: "This bond is not a general ob- ligation bond nor payable in any manner by taxation, but is pay able only from the net earnings of the municipal waterworks of the City of Dubuque, Iowa:' On the back of each bond there shall be printed the certificate of the City Treasurer in the follow- ing form: 'The issuance of this bond has been duly and properly registered in my office as of the first day of April, 1952. Treasurer of the City of Dubuque, Iowa." Section 3. That said bonds shall be signed by the Mayor and at- tested by the City Clerk of said City, with the seal of the City af• fixed, and the interest coupons at• tacked thereto shall be executed by said Clerk by his facsimile signature, and said official, by the execution of said bonds shall adopt as and for his own proper signa• lure his facsimile signature ap- pearing on such coupons. When and as executed said bonds shall be delivered to the City Treasurer to be by him duly registered as to issuance as provided by law, and said Treasurer shall sign the cer- tificate hereinafter set out in Sec• lion 2 and endorsed upon the back of each of said bonds and deliver said bonds to the purchaser thereof, upon payment of the pur- chase price, same being at least par and accrued interest, and the proceeds received by the sale of said bonds, exclusive of accrued interest, shall be applied to defray- ing the cost of improvements and extensions to the municipal water- works of said City. Any unex• pended balance of the proceeds of the bonds hereby authorized re• maining after the completion of the improvements shall at the time of such completion be converted into the "Water Revenue Bond Sinking Fund," hereinafter provided for. All accrued interest as may be re- ceived from the sale of the bonds hereby authorized shall be con- verted into said "Water Revenue Bond Sinking Fund." Section 4. That so long as any of said bonds or any other bonds ranking on a parity therewith are outstanding said municipal water- works shall continue to be oper- ated as a revenue producing under- taking. The rates charged by the City of Dubuque, Iowa, to custom- ers of the municipal waterworks, including the municipality, shall be such reasonable rates within the following maximum rates as will be sufficient to pay for the opera- ..~. ~* ~.~, -~%; ,~; 5: ~: ~~ ~s ~ ~ i~ i Regular Session, May 5, 1952 293 lion and maintenance of said plant and system and the principal of and interest on the bonds herein authorized. The maximum quart- erly rates that need be charged for services rendered by said water- works are hereby determined to be as follows: First 3,000 cubic feet per quarter at $.54 per hundred cubic feet Next 3,000 cubic feet per quarter at $.44 per hundred cubic feet Next 3,000 cubic feet per quarter at $.34 per hundred cubic feet Next 21,000 cubic feet per quarter at $.28 per hundred cubic feet Next 15,000 cubic feet per quarter at $.26 per hundred cubic feet Next 30,000 cubic feet per quarter at $.24 per hundred cubic feet Next 75,000 cubic feet per quarter at $.22 per hundred cubic feet Next 150,000 cubic feet per quar• ter at $.18 per hundred cubic feet Balance at $.14 per hundred cubic feet. The minimum quarterly charge according to size of meters shall be as follows: 5/8"-$4.90-allowance 900 cu. ft. 3/4"-$7.50-allowance 1300 cu. ft 1"-10.00-allowance 1800 cu. ft. 1~/a"12.00-allowance 2200 cu, Pt 1~/z"15.00-allowance 2700 cu, ft. 2"-18.00-allowance 3400 cu. ft. For users outside the city limits, an additional charge equal to 25% of the above rates will be made. Section 5. That the provisions, covenants, undertakings and stipu• lotions for the operation of the municipal waterworks of said City and for the collection, application and use of the revenues and in- come from such operation, as set forth in the resolution adopted by the City Council of said City on December 15, 1950, and pursuant to which the outstanding Water Revenue Bonds of said City were issued shall inure and appertain to the bonds hereby authorized to the same extent and with like force and effect as if herein set out in full, except only in so far as same may be inconsistent with this reso• lution. The provisions in and by said resolution whereby there has been created and is to be main- tained a "Water Revenue Bond Sinking Fund" and for the monthly payment into said fund from the future net earnings of said works of such portion thereof as will be sufficient to pay the interest upon and principal of the outstanding Water Revenue Bonds and main- taining areserve therefor are all hereby ratified and confirmed, and all such provisions shall insure and constitute the security for the pay- ment of the interest on and the principal of the Water Revenue Bonds, 1952 Series, hereby author- ized as may from time to time be outstanding; provided, however, that the amounts to be annually set aside and paid into said Water Revenue Bond Sinking Fund, in equal monthly installments, shall be sufficient to pay the interest and principal due in each year, not only of the bonds issued and outstanding under the provisions of said resolution adopted Decem• ber 15, 1950, but also the interest on and principal of the Water Revenue Bonds, 1952 Series, is- sued pursuant to this resolution and from time to time outstanding and to maintain a reserve therefor. Section 6, That the provisions of Section 6 of said resolution adopted December 15, 1950, with respect to the issuance of additional water revenue bonds ranldng,on a parity with the bonds thereby authorized are hereby recognized. It is hereby found and declared that the of- ficially reported net revenues of the municipal waterworks of said City for the last calendar or fiscal year are equal to at least one and one- fourth time the total of (1) the maximum amount of principal and interest that will become due in any calendar year on the bonds now outstanding and (2) the max- imum amount of principal and in- terest falling due in any calendar year prior to the last year in ', which any of the outstanding bonds mature on the bonds hereinafter authorized and proposed to be is• sued. Section 7. That the City of Du• buque hereby covenants and agrees with the holder or holders of said j bonds, or any of them that may ~ from time to time be outstanding, 29A Regular Session, May 5, 1952 that it will faithfully and punet• ualay perform all duties with refer- ence to the municipal waterworks required and provided by the Con• etitution and Laws of The State of l;owa and will segregate the revenues of said works and make application thereof ip accordance with the provisions of this reso• lutiai. Section 8. That for the further protection of the holders of the bonds herein authorized to be is- sued and the coupons thereto at• tacked a lien is hereby recognized apd declared to be valid and bind- ing upon the improvements sad extensions to the waterworks ac- quired with the proceeds of the bonds hereby authorized, which lien shall take effect immediately upon the delivery of any of said bonds. In the event of a default in any of the terms of this resolu- tion, said lieu may be enforced and foreclosed for the use and benefits of all of said bonds then outstanding in the manner pro- vided by the laws of the State of Iowa for the enforcement and fore- closure of chattel montages and it is hereby specifically agreed with each holder of any of said bonds that the improvements and exten• alone acgaired through the issuance of the revenue bonds hereby auth- orized shall be and remain chat- tels and never be regarded as fix- tures or become a part of the real estate upon which located, even though attached thereto. The City Clerk is hereby auth~ized and directed to file a certified copy of this resolution in the office of the County Recorder of Dubuque County and cause the same to he there duly recorded for the pur• pose of evidencing such lien and gluing notice of the record thereof. Section 9. The bonds hereby authorized and from time to time outstanding shall not be entitled to priority or preference one over the other, in the application of the net earnings of said municipal waterworks or with respect to the pledge of the DroPel'ty securing their payment, Tegardless of the tope or times of the issuance of such bonds, it being the intention that there ebaA be rm priority among the bonds authorized to be issued under this resolution regard- less of the fact that they may have been actually issued an¢ delivered at different times. Any other bonds or obligations hereafter issued or incarred which are payable from the net revenues of said municipal waterworks plant and system shall be subject to the priority of any of the Water Revenue Bonds re- ferred to in the preamble hereof which are then outstanding and to the priority of the bonds then out- standing under the provisions of this resolution; provided, however, that said City of Dubuque hereby reserves the right and privilege of issuing additional bonds from time to time payable from the same source and ranking an a parity with the Water ,Revenue Bonds hereinbefore referred to and on a parity with the bonds herein auth- orized or permitted to be issued as may then outstanding, in order to pay the cost of future improve- ments and extensions to said waterworks, but only if the offic• lolly reported net revenues of said waterworks for the last preceding calendar or fiscal year prior to the issuance of such additional bonds was equal to at least one and ope- fourth times the total of (1) the maximum amount of principal and interest that will become due in any calendar year on the Water Revenue Bonds hereinbefore re- ferred to and the bonds herein authorized then outstanding and (2) the maximum amount of prin- cipal and interest falling due in any calendar year prior to the last year in which any of said out- standing Water Revenue Bonds or bonds issued pursuant to this reso• lotion mature on the additional bonds then proposed to be issued, and provided also that the interest payment dates for any such ad- ditional bonds shall be semiannu- ally on June 1 and December 1 of each pear, and the principal maturates of such additional bonds shaIl be on December 1 of any year In which any of such prin- cfpai fs scheduled to become due. The term "net revenues" is de- fined as gross revenues, less operating expenses which shall in- clude salaries, wages, cost of Regular Session, May 5, 1952 295 :'> u~ •,:~ maintenance and operation, mater- isle, and supplies, pumping cyst, and insurance, as well as all other items as are normally iacluded under recognized accoanting prac- tices, but shall not include allow ances for depreciation in the value of physical properties. Section 10. The City of Dubuque agrees that so long as any of the bonds hereby authorized remain outstanding it will maintain ansur- ' once for the benefit of the holders of the bonds issued hereunder of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business and that it will keep proper books of record and account, separate from all other records and account, showing the complete and correct entries of all transactions relating to said water- works, and that the holders of any of said bonds shall Gave the right at all reasonable times to inspect the agstem and all record, accounts and data of the said City relating thereto. Section 11. The provisions of this resolution shall constitute a con- tract between the City of Dubuque and the holders of the bonds here- in authorized to be issued as may from time to time be outstanding and after the issuance of any of said bonds, no change, variation or alternation of any kind of the pro• visions of this resolution shall be made until all of said bonds issued hereunder and interest thereon shall have been paid in full. w P i ~ ~'~ i i'~. "~ ! ~ ~. t b '. Section 12. If any section, para- graph, clause or provision of this resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this resolution shall become effective immediately upon its passage and approval Section 13. That all resolutions or orders or parts thereof in con- flict herewith be and the same are hereby repealed to the extent of such conflict. Introduced May 5, 1952. CouncIlman Welu moved that the resolution just read being a resolution making a contract be pow 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 Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintaanger, Schueller, weln. Nays-None. NOTICE OF CONDEMNATION PROCEEDINGS To: Henry F. Feye, Florence Feye, Carl Feye and N. J. Loss, Estate, Dr. A. M. Loss Pursuant to the directions of the City Council of the City of Du- buque, you are hereby commanded to appear before said Council at a meeting to be held by it in the Council Chamber in the City Hall at 7:30 P.M. on Monday, May 5, 1952, and show cause, if any you have, why a certain structure owned by you sad located at the rear of premises known as 678 Central Avenue and situated on parts of City Lots 289A and 290A io the City of Dubuque, Iowa shall be declared a nuisance and abated as privided by the Ordinance of the City of Dubuque. You are further notified that all prior proceedings pursuant to which this notice is given are on fi}e in the office of the City Clerk, where they are open for public inspection and full information. Dated at Dubuque, Iowa, this 18th day of April, 1952. City of Dubuque By Donald J. Bandy, Building Commissioner. State of Iowa 2 ~ Countq of Dub~ue j ' This is to certify that I served a copy of the above Notice upon Henry F. Faye, Florence Feye & Carl Feye this 18th day of April, 1952. Donakl J. Bandy, Building Commissioner. Subscribed and. sworn to bore me Geraldine L. Jenni, a Notarq ^ 296 Regulaz Session, May 5, 1952 Public in and for Dubuque County, State of Iowa on this 16th day of April, 1952. Geraldine L. Jenni, Notary Public in and for Dubuque County, Iowa. State of Iowa SS. County of Dubuque This is to certify that I served a copy of the above notice upon Dr. A. M. Loes this 18th day of April, 1952. Donald J. Bandy, Building Commissioner. Subscribed and sworn to before me Geraldine L. Jenni, a Notary Public in and for Dubuque County, State of Iowa on this 18th day of April, 1952. Geraldine L. Jenni, Notary Public in and for Dubuque County, Iowa. Councilman Austin moved that the Return of Service 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. Councilman Austin moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councibman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ' Dr. A. M. Loes addressed the Council asking that when the build- ing located on the premises known as 678 Central Avenue is being torn down that permission be granted for to allow a portion of the wall adjoining his property to remain standing. RESOLUTION N0. 241-52 Whereas, there was filed with the City Council of the City of Du- buque, Iowa a report dated April 7, 1952, signed by the Fire Chief, Building Commissioner and Sani- tart' Inspector, setting forth, among other things, that a certain build- ing located at the rear of the premises ]mown as 678 Central Avenue and situated on parts of City Lot 289A and City Lot 290A in the City of Dubuque, Iowa, is in a dangerous condition and a menace to adjoining property. And, Whereas, thereafter, a com- mittee of three composed of Fred Fitchter, Fred Schroeder and Harry Schiltz was appointed as by Sec- tion 544 of the Building Code of the City of Dubuque provided, to- gether with the Building Commis- sioner made a thorough investiga- tion of said building and reported as to the condition of said building to the City Council, on April 7, 1952, stating, among other thiggs, that said building is dangerous to life and health by reason of want of repair and recommend its demolition. And, Whereas, this Council by Resolution No. 164-52, caused and directed the Building Commissioner of the City of Dubuque to serve notice upon Henry F. Feye, b'lor• ence Feye, Carl Feye and N. J. Loes Estate, the owners of the premises above described, com- manding them to appear before the City Council on May 5, 1952, at 7:30 P.M. and show cause, if any they have, why said building should not be declared a dangerous structure, a nuisance and abated. And, Whereas, said notice has been duly served as so provided, said notice, together with proof thereof, now being on file in the office of the City Clerk. Now, Be It Resolved by the City Council of the City of Dubuque: 1. After a full and fair considera• tion of this matter, said council finds that the building at the rear of the premises known as 678 Cen- tral Avenue and located on parts of City Lot 289A and City Lot 290A in the City of Dubuque, Iowa, be, and the same is hereby declared to be a dangerous structure, a nuis- ance and it is ordered that the Regular Session, May 5, 1952 29'~ said building be abated and re- moved on or before the 7th day of July, 1952. 2. That the Bullding Commis- sioner be, and he is hereby di- rected to serve upon Henry F. Feye, Florence Feye, Carl Feye and N. J. Loes Estate, a written notice requiring said nuisance to be abated and removed on or be• fore the 7th day of July, 1952, .at- taching to said notice a copy of this Resolution, 3. In the event such structure is not removed by the 7th day of July, 1952 then the Fire Chief of the City of Dubuque is hereby di- rected to remove such structure and report the cost thereof to the City Clerk which cast shall be as- sessed against the property and collected in the manner provided by Section 4 of Chapter 151 of the Laws of the 54th General Assembly. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, °' Mayor. CLARENCE P. WELU, 'hir RUBEN V. AUSTIN, ~,ti'` LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. 1 6 ~'~"` fF ~`f ix. ~:. i i`;fi;, `li ~ ~~ ' ~ ~ ~~' 1 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 of pendency of resolution of necessity and hearing upon proposed plan, specifications, form of contract and cost of improvement for the improvement of Argyle Street with curb and gutter from the north property line of Lowther Street to the south property line of Grove- land Place, estimated cost $1,944.- 51, 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 publica- tion be received and filed. Ser,- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Decision of Council upon ab• jections to plans, specifications, form of contract and cost of im- provements.) RESOLUTION N0. 242-52 Whereas, proposed plans and specifications and form of contract for the improvement of Argyle Street with curb and gutter from north property line of Lowther Street to south property line of Groveland Place have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertain- ing 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 5th day of May, 1952; and Whereas, the City Council met in regular session this 5th day of May, 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, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form 298 Regular Session, May S, 1952 of contract 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, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINT2;INGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the fallowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement} RESOLUTION N0. 111-62 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have beep 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 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 Argyle Street with curb and gutter from the north property line of Lowther Street to the south property line of Grove- land 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 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 and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment. will be assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street improve- ment funds. Bonds shall be issued and sold ip 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. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V, AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- ~, ti. ~.~ y~~, ~,:,~ ,,~,, .~,.. ;r;- o,~,^,. ~..,.i~, ;~'i'•; 'P~ i.. 1 - ~ p; Regular Session, May S, 1952 299 onded by Councilman Austin. Car• ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 243-62 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution No. 171-52 which was duly passed by this Council, for the improvement of Arygle Street with curb and gut- ter from the north property line of Lowther Street to the south property line of Groveland Place be and the same are hereby ordered and constructed by this Council upon petition of property owners. All the work shall be con- structed 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• ferred, and any deficiency will be paid out of the street improvement 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 ac- cepted by the City Council. Be It Further Rosolved 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 i2 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 adoption this 5th day of May, 1952. Councilman Welu moved that the resolution just read being a resolution ordering a street im• provement be now considered com- plete in form for final pasage 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 Austin. 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 Bradley Street with curb and gutter from the west property line of Grandview Avenue to the east property line of Ran- dall Street, estimated cost X4,3(4.11, 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- jections to plans, specifications, form of contract and cost of im• pravements. ) RESOLUTION N0. 244-52 Whereas, proposed plans and specifications and form of contract 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 have been approved by the City Council of the City 300 Regular Session, May 5, 1952 of Dubuque and public notice given as provided by Chapter 391 -0f the Code of Iowa, 1950, pertain- ing 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 5th day of May, 1952; and Whereas, the City Council met in regular session this 5th day of May, 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, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract 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, 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 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. 114-52 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 Ave- nue 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- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion 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 cast and expense of making said improve~ went will be assessed upon and against all privately owned prop- 3 Regular Session, May 5, 1952 301 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 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. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. r 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. 245-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of neces- sity No. 174-52 which was duly passed by this Council, for the im- provement of Bradley Street with curb and gutter from the west property line of Grandview Avenue to the east property line of Ran- dall Street be and the same are hereby ordered and constructed by this Council upon 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 far 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- ferred, and any deficiency will be paid out of the street improve- ment funds of the city. Payment will bg 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 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 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 adoption this 5th day of May, 1952, 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 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 necessity 302 Regular Session, May 5, 1952 and hearing upon Proposed plans, speciflcations, form of contract and cost of improvement 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 $6,556.49, 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: Yeas--Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Decision of Council upon ab• jectiona to plans, specifications, form of contract and cost of im- provements.) RESOLUTION N0. 24b-S2 Whereas, proposed plans and specifications and form of contract 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, 2l1 pavement 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 Sth day of May, 1952; and Whereas, the City Council met in regular session this 5th day of May, 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, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, spec cations and form of contract 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, specifications and form of contract for or cost of said improvement be made a matter of permanent recoM in connection with said im- provement. Passed, adopted and approved this 5th day of May, 1952. RAY F. ROLB, Mayor. CLARENCE F. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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, Councimen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 171-52 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, and the size and kind of sewers. ~! ,Hi Regular Session, May 5, 1952 303 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 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. 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 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 and specifications which have been prepared therefor 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 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 according to area and in proportion to the special benefits conferred thereby, F and any deficiency shall be paid out of the street improvement fords. 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 y. 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. The foregoing resolution was fmaily passed and adopted, as pro- posed, by the City Council this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. 3ec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 241-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 177-52 which was duly passed by this Coancil, 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 be and the same are:hereb~ 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 Tile in the office of the City Clerk. Be It Further Resolved that the cast 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, acording to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement funds of the city, or partly from each of such funds. Fayment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of de• ferred payments of assessments as provided by law after the wa~k 304 Regular Session, May 5, 1952 has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 24 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 adoption this 5th day of May, 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete 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 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, specifications, form of contract and cost of improvement for the improvement of Rider Street with curb and gutter from the west property line of South Grandview Avenue to east property line of Perry Street, estimated cost $3,- 607.94, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. 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. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 248-52 Whereas, proposed plans and specifications and form of contract for the improvement of Rider Street with curb and gutter from the west property line of South Grandview Avenue to east prop- erty line of Perry Street 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 5th day of May, 1952; and Whereas, the City Council met in regular session this 5th day of May, 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, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and form of contract hereto- fore approved are hereby adopted. Be It Further Resolved .that this resolution containing the 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 i i w Iii Regular Session, May 5, 195 305 record in connection with said im- provement. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. (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: i. 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. 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 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- sary 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 and specifications which have been prepared therefor 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 improvement will be assessed upon and against all privately owned property lying within assessable distance pro- vided 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 spec- ial benefits conferred thereby, and any deficiency 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 bas 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 7th day of April, 1952. The foregoing resolution was 'finally passed and adopted, as pro• posed, by the City Council this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councllmen. 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. 306 Regular Session, May 5, 1952 (Ordarlnq Construetlon) RESOLUTION N0. 149-••52 Be It Resolved by the City Council of the City of Dubugtm that pursuant to a resolution of necessity No. 180-52 which was duly passed by this Counell, for the Improvement of Rider Street with curb and gutter from the west property Line of South Grandview Avenue to east property line of Ptrtq Street be and the same are hereby ordered and constructed by this Counell upon 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 olgce of the Cfty Clerk. Be It Further Resolvod 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 rho special benefits conferred, sad any deficiency will be paid out of the street improvement funds of the city, or partly from each of aneh funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Counell. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the coaatruction of the varkws improvements herein 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 tares and effect from and after its passage and adoption by the City Counell. Approved and placed on file for final adoption this 5th day of May, 1952. 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 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. Neys~-done. Proof o1 publication, certified to by the publishers, of notice at pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contrail and cost of improvement for the improvement of Whelan Street with curb and gutter from the east property Hne of Bradley Street td the west property line of South Grandview Avenue, estimated cost X1,335.10, presented and read. No written objection filed and no objectors present in the Councit Chamber at the time set for said hearing. Councllman Austin moved that the proof of publication be tb• ceived and filed. Seconded by Councilman Weht. Carried by the following vote: Yeas-Mayor Kolb, Councimen Austin, Kintzinger, Schueller, Weht. Nays-None. (Duislon of Counell upon eb• )eeMons to plans, speoifioafiau, form of contraot and Lost of lm• prowmmts.) RESOLU710N N0. 15t~51 Whereas, proposed plans and specifications and form of contract for the improvement of Whelan Street from the east property Line of Bradley Street to the west property line of South Grandview Avenue with curb and gutter have been ap proved by the City Council of the City of Dubuque and public notice given as provided by Chapter bAi of the Cede of Iowa, 1950, per• tafning to public contracts and hoods, and the ttme and place fixed for the hearing of all ob• jections to sold plans, epecifieations a ~I ~' YV Regular Session, May 5, 1952 307 ar contract for or coat of such im• provementa, said time being this 5th day of May, 1952; and Whereas, the City Council met !n regular session this 5th day of May, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing alt interested parties and considering any and all objections which have been flied to the proposed plans, specifications ar contract for or cast 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; sow 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, speci- fications, contract for or cost of said improvement herein describ• ~ and proposed to be made, be and the same are hereby over ruled and such plans, specifications and form of contract 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, spec[fications and form of contract for or cost of said improvement be made a matter of permanent record is connection with said im- provement. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. d. SIiEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carved by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintsinger, Schueller, Welu. Nays-None. (Necessity for Improvemairt) RESOLUTION N0. 1A3-52 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly pre- pared and approved by the Citq 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• trier, if any. 2. The streets to be improved, 3. The width of such improve- ment. 4. Each lot proposed to be as• sexed together with a valuation fixed by the council. 5. An estimate of the cyst of the proposed improvement, s.Ia each case the amount thereof which is estimated to be assessed against each lot, 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. 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 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 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 sad in 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 308 Regular Session, May S, 1952 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 thereof used to pay the contractor. The railway portion of any street or as- sessment district shall be assessed to and paid by the railway com• pany. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1952. The foregoing resolution was finally passed and adopted as pro• posed, by the City Council this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. 251-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 183-52 which was duly pried by this Council, 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 be and the same are hereby ordered and con- structed by this Council upon 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 proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement funds of the city. 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 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 8 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 adoption this 5th day of May, 1952. Councilman Welu moved that the resolution just read being a resolu• tion ordering a street improve- ment be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week 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 pen• dency of resolution of necessity and hearing upon proposed plans, speci• fications, form of contract and cost of improvement for the construc- tion of an eight (8) inch vitrified the sanitary sewer in Apple Street from the present manhole io Rush Street to 210 feet north, estimated ~`} ~ i ii Regular Session, May 5, 1952 309 cost $1,198.12, 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. Seconded by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. i- Nays-None. 1 ~' (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements. ) RESOLUTION N0. 252-52 Whereas, proposed plans and specifications and form of contract for the construction of an eight (8) inch vitrified the sanitary sewer in Apple Street from the present manhole in Rush Street to 210 feet north 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 hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 5th day of May, 1952; and Whereas, the City Council met in regular session this 5th day of May, 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 h made and filed to the plans, speci- t fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract 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, specifications and form of contract far or cost of said improvement be made a matter of permanent record in connection with said im• provement. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, 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. (Necessity for Improvement) RESOLUTION N0. 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 other things the following: 1. The boundaries of the dis• trict, if any. 2. The width of such improve- ment, and the size and kind of sewers. 3. Each lot proposed to be assessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement. 5. In each case the amount thereof which is estimated to be assessed 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. 310 Regular Session, May S, 1952 Be It Therefore Resolved that the City Conseil upon petition of property owners, deems it advis~~ ble and necessary for the public welfare to make the herein ~~n~ tinned improvement, and unless property owners at the time of the final consideration of this pro• posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed end 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 sow on file with the City Clerk. That the cost and expense of making said improve~ went will ba assessed upon and against all privately owned prop arty lying within assessable dis- tance provided by law and in as 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 coafemd thereby, and any deficiency shall be paid by property owners according to petition and waivers. 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 intr~- duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this Sth day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P, WELU, RUBEN V. AUSTIN, LEO N. SCIIUELL>JR, CHARLES A. KINTZINGER, Counc~7men. Attest: J. J. SIIEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sac• onded by Councilman Schuellet. Carried by the following vote: Yeas--Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION NO. 2-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 186--52 which was duly passed by this Council, for the construction of an eight (8) lash vitrified file sanitary sewer in Apple Street from the present man- hole in Rush Street to 210 feet north be and the same are hereby ordered and constructed by this Council upon the petition of prop arty owners. All the work shall be constructed in accordanco with the plena sad specifications adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of We said 1m• provements be paid for by levylag 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 sewer funds of the city. Payment will be made to the con• tractor out of fund: realued from the sale of bonds to be issued !n anticipation of deferred payments of assessmenbs as provided by law after the work hat 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 foe the construction of the various improvements here- in provided for io the manner pre vided by law, the said improve meats shall be completed oa or before 14 calendar days sitar 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 Cib~ Council. ~_ Regular Session, May 5, 1952 311 Approved and placed on !lie for final adoption this 5th day of May, 1852. Councilman Austin moved that the eoolution just read being a resolution ordering a sewer im- provement be now considered cam• plate in form for final passage and further move that the same be placed on file with the City Clerk and remain on f~7e 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, spec cations, form of contract and cost of improvement for the construction of a la inch sanitary sewer in Kaufman Avenue from the existing manhole opposite the southeast corner of Lot 45 is But- 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- perty line of Kaufman Avenue to a distance of 794 feet; thence south a distance of 62 feet across Kauf• man Avenue with eight inch sewer line, estimated cost Si8,190.54, pre• seated and read. No written objections filed and no objectara present in the Council Chamber at the time set for said bearing. Councilman 8chueller moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayer Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-done. (Decision of Council upon ob- jections to plans, specifications, form of eoMract and cost of Im• provement. ) RESOLUTION NO. 264-•b2 Whereas, proposed plans and specifications and form of contract for the construction of a 12 inch sanitary sewer in Kaufman Avenue from existing manhole opposite the southeast corner of Lot 45 is 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 of Kanfman Avenue a distance of 794 feet; thence south a distance of 62 feet across Kaufman Avenue with eight inch sewer line 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, 1850, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec• lions to said plans, specifications or contract for or cost of such im• provements, said time being this 5th day of May, 1952; and Whereas, the City Council met in regular session this sth day of May, 1852, at 7:80 o'clock P,M, at the Council Chambers is the City Hall for the purpose of hearing all interested parties sad considering any and all objections which have been filed to the proposed plans, specifications or wntract 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 abjectlans 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 the objections whisk have been made and flied to the plena, specifications, contract for or cost of said Improvement herein de• scribed and proposed to be made, be and the same are hereby ov~~~ ruled and such plans, specifica• lions and form of contract hereto fore approved are hereby adopted. Be It Further Resolved that this resolution arataWng the decision of this Coaacil upon all objections which have been filed to the plans, specifications and form of contract for or coat of said improvement be made a matter of permanent record fn connection with said im• provement. 312 Regular Session, May 5, 1952 Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J, S~IEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- tied by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 184-52 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 dffice of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, 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 thereof which is estimated to be assessed against each lot, for the construction of a i2 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 Kaufman Avenue with eight inch sewer line. 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 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 and specifications which have been prepared therefor 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 improvement will be assesed upon and against all privately owned property lying within assessable distance pro- vided 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, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments 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 7th day of April, 1952. The foregoing resolution was finally passed and adopted, as pro- pbsed, by the City Council, this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car• tied by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Regular Session, May 5, 1952 313 (Ordering Construction) RESOLUTION N0. 255-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 189-52 which was duly passed by this Council, for the construction of a twelve inch sanitary sewer in Kaufman Avenue from the existing manhole opposite the southeast corner of Lot 45 in Burton's Addition; thence north- westerly 47 feet at angle of 45 de- grees from existing sewer line to north property line of Kaufman Avenue; thence westerly along north property line of Kaufman Avenue a distance of 794 feet; thence south a distance of 62 feet across Kaufman Avenue with eight inch sewer line be and the same are hereby ordered and constructed by this Council upon 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 tho 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- ferred, and any deficiency will be paid out of the 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 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 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 30 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 farce and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 5th day of May, 1952. Councilman Schueller 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 Austin. 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, specifications, form of contract and cost of improvement for the improvement of Bradley Street with curb and gutter from the north property line of Henderson Street to a point 816 feet north, estimated cost $5,843,82, 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 re- ceived and filed. Seconded by Councilman Austin. 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. 256-52 Whereas, proposed plans and specifications and form of contract for the improvement of Bradley Street with curb and gutter from the north property line of Hender- son Street to a point 816 feet north have been approved by the City Council of the City of Dubuque 314 Regular Session, May S, 1952 and pubflc notice given as pro• vided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the limo and place fixed far the hearing of all objections to said plans, speci• fications or contract for or cost Of such improvements, said time be- ing this 5th day of May, 1952; and Whereas, the City Councll met in regular session this 5th day of May, 1952, at 7:30 o'clock P.M, at the Councii 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, spec~icatibns 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 sad considered; now therefore Be It Resolved by the City Council of the City of Dubuque that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and form of contract here-. tofore approved are h e r e b y 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 io connection with said im- provement. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN v. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Coancilmen. 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 A u s 1; i n, Kintzinger, Schueller, Welu, Nays.-None. (Necessity for Improvement RESOLUTION N0. 434-52 Whereas, proposed plans, speci- fications, farm of contract, plat and schedule have been duly pre= pared and approved by the City Council of the City of Aubuque and are now on file is the office of the City Clerk showing among other things the following: 1. The boundaries of the dis• trlct, 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- sesed together with a valuation fixed by the council 5. An estimate of the cost of tlu proposed improvement, stating the same for each different typo of construction and kind of material to be used. B. 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 north property 6ne of Henderson Street to a point S16 feet north. Be It Therefore Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on fBe rrith the City Clerk. That the cost and '~ ~a Regular Session, May 5, 1952 315 expense of making said improve• ment will be assessed upon and against all privately owned prop= erty lying within assessable dis= lance provided by law and fn 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` meat 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 intro- duced, approved and ordered placed on file with the City Clerk this 15th day of April, 1952. The foregoing resolution was finally passed and adopted, as pro• posed, by the City Council this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Welu. Car• Tied by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 25I-54 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 234--52 which was duly passed by this Council, for the improvement of Bradley Street with curb and gutter from the north property line of Henderson Street to a point 816 feet north be and the same are hereby ordered and constructed by this Council upon the petition of property own- ers. AB the work shall be con- structed 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 of the city. Payment wlll be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of de= ferred 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 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 fot final adoption this 5th day of May, 1952. • 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 file with the City Clerk and remain on file for public in- spection for at least one weak be• fore final adoption. Seconded by Councilman Schueller. Carried bq the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. 316 Regular Session, May S, 1952 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 improvement of Pearl Street with curb and gutter from east prop- erty line of O'Hagen Street to west property line of McCormick Street, estimated cost $2,940.94, 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 re- ceived and filed. Seconded by Councilman Austin. 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- provement.) RESOLUTION N0. 256-52 Whereas, proposed plans and specifications and form of contract 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 have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Cod of Iowa, 1950, pertain- ing 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 5th day of May, 1952; and Whereas, the City Council met in regular session this 5th day of May, 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, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore ap- proved 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 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A, KINTZINGER, Councilmen. Attest: J. J. SHEA, City Glerk. Councilman Schueller 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 far Improvement) RESOLUTION N0. 231-52 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, and the size and kind of sewers. Regular Session, May 5, 1952 317 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 Pearl Stret with curg and gutter from the east property line of O'Hagen Street to west property line of McCormick Street. Be It Therefore Resolved that the City Council upon petition of property owners, deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, .and un- less 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 and specifications which have been prepared there- for by the City Engineer which s 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- c 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 de- '„`} (erred payments when a contract !i. has been performed and accepted ~;~' and the proceeds thereof used to ' pay the contractor. The railway portion of any street or assess- went district shall be assessed to ~ i r and paid by the railway company. `t ~ ) ~ ~ The above resolution was intro- i ~., duced, approved and ordered ~ ~. placed on file with the City Clerk this 15th day of April, 1952. 1a The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN'V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. 259-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 237-52 which was duly passed by this Council, for the improvement of Pearl Street with curb and gutter from east .property line of O'Hagen Street to west property line of McCormick Street be and the same are hereby ordered and constructed by this Council upon the petition of prop- erty owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the 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 improve- ment funds of the city. 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 as- sessments as provided by law after the work has been completed and accepted by the City Council. 318 Regular Session, May S, 1952 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 14 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 Clty Council. Approved and placed on file fot final adoption this 5th day of May, 1952. - Councilman Kintzinger 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 more that the same be placed on file with the City Clerk and remain on file for pub• lic inspection for at least one wick before final adoption. See• ended by Councilman Austin. Car• riod by the following vote: Yeas--Mayer Kolb, Councilien Austin, Kintainger, Schueller, Welu. Nays--None. IlEi5OlU71ON N0. 218-52 Resolution and Application for Transfer of Emergency Funds. Whereas, there now is in the hands of the treasurer of City of bubuque, Dubuque County, Iowa, the sum of $6,60b.00, credited Fa the Emergency Fund thereof; and Whereas, an emergency has arisen which requires the expen- diture of $6,600.00, said emergency being of the following character: Miscellaneous revenues are in- sufficient to meet current expendi- tures; and ' Whereas, the revenue in the Recreation Fund is insufficient to meet its estimated actual and aecesaary expenses for the current fiscal year and the emergency re- ferred to; therefore, be it Resolved by the City Council of Dubuque County, Iowa, that $6,- 600,00 of the funds in the Emer- gency Fund be transferred perm• anently to the Recreation Fund of the municipality; subject to the approval of the State Comptroller when such approval i$ unani- mously requested by the govern- ing body of said municipality, to be expended in accordance with the provisions of Section 873, Code of Iowa. The Auditor of said munleipal- ity, upon receipt of approval by the State Comptroller, is directed to correct his books accordingly and to notify the treasurer of the transfer, accompanying the notifi- cation with a copy of this resolu• lion and the record of its adop• lion. (Presiding OtCicer) 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 1$th day of April, A,D. 1952. The vote thereon was as follows: Ayes: RAY F. KOLB, CLARENCE P. WELD, RIJBEN V. AUSTIN, CHA1tLES A. KINTZINGER, LEO N. SCHUELLER, Nays-None. APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved this 18th day of Apri1,1952. Glenn D. Sarsfield, State Comptroller. Councilman Austin moved that the approval of State Comptroller Sarsfield be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kdb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Notice of Claim of David L. McMahen in .the amount of X33.78 for damages to his car caused in striking a hole in the street is the vicinity of Dodge and $rya4t Streets, presented and read, i Regular Session, May S, 1952 319 Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councii• man Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, welu. Nays-.None. Kansas City, 6, Missouri April 15, 1952 G1ty Clerk, Dubuque, Iowa, Dear Sir: RE: Power of Attorney Clarence H.Sanner Dubuque, Iowa We are enclosing herewith a cer• t(fied copy of Power of Attorney for the above to be filed with your Department as evidence of his authority to execute bonds for our Company. You will note this Power is continuous in form and does not expire annually. Please let us have your acknowledgment and oblige. Very Truly yours, Fidelity and Surety Department, Bettie Weedman. Councilman Austin moved that the communication be received and made a matter of record and the Power of Attorney placed on file. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. State of Iowa Department of Health Des Mcinea, Iowa April 28, 1952 Mr. Bohn J. Shea, City Clerk, Dubuque, Iowa, Re: Permit No. 52.878, 841 Feet of 12 inch and 272 feet of B inch Sanitary Sewer on Apple Street and Kauf- man Avenue To the attention of the Hoa. Mayor and Council Gentlemen: In accordance with the provisions of the Iowa Stream and Lake Pollution Law, Section 135.26, Code of Iowa, a permit is issued for the above project far which plans and specifications have been received in this office, This permit is is- sued subject to the following con• ditions and requirements. 1. That the planning for and the construction of adequate treatment facilities for sewage and wastes originating inside the corporate limits will be continued in accord- ance with the resolution of the City Council No, 122-,,52, dated Msrcb 22, 1952. 2. The approval of these Dlans and the issuance of this permit do not constitute approval of the dis• charge of untreated wastes into the Mississippi River, We are retaining one copy of the approved plans and specifications for our files and returning the other two copies to your City En- gineer. For the Commissioner. Very truly yours, P. J. Houser, Director Division of Public Health Engineering. Councilman Austin moved that the communication be received and made a matter of record. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-,Mayor Kolb, Councilman Austin, Kintzinger, Schueller, Welu. Nays--None. Communication of County Audi- tor Meloy submitting for Council approval the offer of Robert J. Allen in the amount of $490.00 for the purchase of two lots at the end of Hale Street near the Uni• versity of Dubuque and also the offer of Joseph F. Noonan in the amount of $75.00 for the purchase of a lot on North Main Street near Klingenberg Terrace, presented and read. Councilman Schueller moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Welu. Carried 'by the following vote: Yeas--Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Communication of the Air Pollu- tion and Smoke Prevention Associa- tion extending invitation to attend 320 Regular Session, May 5, 1952 the convention to be heldrn Cleveland, Ohio, on June 9th to 12th, inclusive, 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 P. J. Houser, Director, Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, sub• witting a copy of the Upper Mis- sissippi Drainage Basin Summary Report, which is a cooperative State-Federal report on water pol- lution, presented and read. Councilman Austin moved that the communication be received and filed 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. RELEASE Know All Men by These Presents: That I, Florence Moy Clark, a widow and unmarried, of Hennepin County and State of Minnesota, in consideration of the conveyance to me by quit claim deed by the City of Dubuque, Iowa, of the following described real property, to-wit: The southerly 32.55' of the northerly 182.55' of the South Part of Lot 2 of Lot 3 of the Subdivision of Mineral Lot 158, in the City of Dubuque, Iowa, do hereby release, relinguish and remise and forever discharge the City of Dubuque, Iowa, from any and all claims, demands, liability, or causes of action of whatsoever kind or nature arising out of a certain contract between me and the said City of Dubuque, Iowa, in the year 1931, and by me performed in full, all as set out in full in Book lU4 Town Lots on Pages 41 and 42 of the records of Dubuque County, State of Iowa, whereby the City of Dubuque was to convey to me a certain easement for a street across that part or parcel of land described as the South Part of Lot 2 of Lot 3 of the Subdivision of Mineral Lot 158, in the City of Dubuque, Iowa, and I accept the said conveyance of said 32.55' of real property aboved described in full satisfaction and compromise of any claim I, my heirs or assigns, have or may have relating to the obligation of the said City of Du- buque under said contract. In Witness Whereof, I have hereunto set my hand this 31st day of March A.D. 1952. FLORENCE MOY CLARK State of Minnesota 1 SS: Hennepin County J On this 31st day of March A,D. 1952, before me, a Notary Public in and for Hennepin County, Min- nesota, personally appeared Flor- ence Moy Clark, to be known to be the identical person named in and who executed the foregoing release, and acknowledged that she exe- cuted the same as her voluntary act and deed. W. J. HOLMAN, Jr., Notary Public in and for Hennepin County, Minnesota SEAL My Commission Expires Jan. 16, 1956. Councilman Welu moved the release be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kalb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ' RELEASE Know All Men by These Presents: That we, George E. Theodore and Hilda C. Theodore, husband and wife, of Dubuque County, State of Iowa, in consideration of the conveyance to Florence Moy Clark, of Hennepin County and State of Minnesota, by quit claim deed by the City of Dubuque, Iowa, of the following described real property, to-wit: The southerly 32.55' of the northerly 182.55' of the South Part of Lot 2 of Lot 3 of the Sub• Regular Session, May 5, 1952 321 division of Mineral Lot 158, in the City of Dubuque, Iowa, do hereby release, relinquish and remise and forever discharge the City of Dubuque, Iowa, from any and all claims, demands, liability, or causes of action of whatsoever kind or nature arising out of a certain contract between the said Florence Moy Clark and the said City of Dubuque, Iowa, in the year 1931, and by the said Florence Moy Clark performed in full, all as set out in full in Book 104 Town Lots on Pages 41 and 49 of the records of Dubuque County, State of Iowa, whereby the City of Dubuque was to convey to the said Florence Moy Clark a certain easement for a street across that part or parcel of land described as the South Part of Lot 2 of Lot 3 of the Sub- division of Mineral Lot 158, in the City of Dubuque, Iowa, and we, as grantees of the right, title and interest of said Florence Moy Clark to said easement under said contract do accept the said con- veyance of the, said 32.55' of real ' property above described to Flor• ence Moy Clark in full satisfaction and compromise of any claim we, our heirs or assigns, may or can have relating to the obligation of the said City of Dubuque under said contract. ~,' In Witness Whereof, we have - hereunto set our hands this 5th { day of April, A.D. 1952. ~'; GEORGE E. THEODORE i HILDA C. THEODORE > State of Iowa 2 SS • . County of Dubuque J ` On this 5th day of April A.D. ° ~ 1952, before me, a Notary Public ~, in and for Dubuque County, State of Iowa, personally appeared George E. Theodore and Hllda C. Theodore, to me known to be the identical persons named in and who executed the 'foregoing re- lease, and acknowledged that they ~' l executed the same as their volun- ~ ' ;~j tart' act and deed. ~, 1 ~` WILLIAM C. FUERSTE 9 Notary Public in and for Z' Dubuque County, Iowa. SEAL ~ h My Commission Expires July 4, ~ 1954. ' ~ ~i Councilman Welu moved that the release be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Leo A. Schwind Post No. 508 Veterans of Foreign Wars requesting permission for the hold- ing of a Buddy Poppie Sale on Friday evening, May 16th and all day Saturday, May 17th, 1952, pre- sented and read. Councilman Welu moved that the request be granted providing there are no conflicting dates. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Barbara Rahloff re- questing suspension of the 1951 taxes on the East ~a of Lot 352 of East Dubuque Addition, presented and read. Councilman Welu moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Charles G. Kretsch- mer requesting permission to con- struct acurb and gutter fronting his property at 1037 Kirkwood Street, the work to be done under direct supervision of the City En• gineering Department, presented and read. Councilman Austin moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of George L. Oertel, Hilda V. and Raymond Shireman, property owners on Edith Street between Brunswick Streetto Elbow 322 Regular Session, May 5, 1952 Street, requesting that a permanent grade be established so that city water and sanitary sewer can be extended to their properties, pre• seated and read. Councilman Austin moved that the petition be referred to the Council to view the grounds. Sec- onded by Council Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. Petition of the Dubuque Armed Forces Advisory Committee re• questing that the Mayor be author- ized to officially proclaim Thurs- day, May 15th, 1952 as Armed Forces Day in Dubuque, presented and read. Councilman Schueller moved that the request be granted and the Mayor authorized to issue the proclamation as requested. 5ec- oaded by Councilman Kintzinger. Carried by the following vote: Yeas--Mayor Kolb, Councilmen Austin, Kir-tzinger, Schueller, Welu. Nays-None. Petition of A. J. Schiltz request- ing that some definite action be taken regarding the installation of a sewer at the SdLiltz residence, presented and read. Councilman Welu moved that the petition be referred to the City Engineer. Seconded by Councilman Schueller. Carried by the following Vnte: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Mr. & Mrs. William J. Frye and others, residents and property owners on Garfield and Rhomberg Avenues, requeeting that the area on the easterly side of Garfield Avenue from Hamilton Street, north to Stanton Street be rezoned from its present Light In- dustrial District Classification to a Two Family Resident District Classification, presented and read. Councilman Austin moved that the petition be .referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzfnger, Schueller, Welu. Nays-None. Potition of Greater Dubuque As• sociation requesting a refund in the amount of $75.00 on the unex• pined portion of their Class "B" Beer Permit as they have discon• tinued business as of April 30, 1052, presented and read. Councllman Welu moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Greater Dubuque Associa- tion to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, KintzInger, Schueller, Welu. Nays-None. Petition of Milton C. Harvey re- questing arefund in the amount of $50.00 on the unexpired portion of his Class "B" Beer Permit No. 75, as be has discontinued business on April 15, 1952, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war• rant io the amount of 1;50.00 in favor of Milton C. Harvey to cover the amount of refund granted on the unexpired portion of his Class "B" Permit No. 75. Seconded by Councilman Schueller. Carved by the following vote: Yeas-Mayor Kolb, CPluncl1men Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Hiawatha Club re- questing arefund in the amount of $150.00 on the unexpired portion of their Class "B" Beer Permit No. 107 as they have discontinued business on May 3, 1952, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 7 :I • Regular Session, May 5, 1952 323 in favor of the Hiawatha Club to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 107. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of F. J. Frick and others, property owners abutting Abbott Street, requesting the City to erect a curb on either side of the street and thereafter gravel the same, presented and read. Councilman Schueller moved that the petition be referred to the Council to view the grounds and in the meantime a plat .and schedule be prepared covering the request, Seconded by Council- man Welu. Carried by the follow- ing vote: Xeae-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of M. L. Gaber & Com- pany requesting permission to em- ploy the use of explosives on their contract for the construction of the West 32nd Street Storm Water Detention Reservoir, presented and read. Councilman Schueller moved that the request be granted providing that a 'proper blasting bond is furnished. Secondod by Councilman Kintzinger. Carried by the follow- ing Vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. Proof of publication, certified 1A by the publishers of a statement of receipts and also a list of claims for which warrants were drawn during the month of March, 1952, presented and read. Councilman Austin moved that the proof of publication be re• calved and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 18-51 An Ordinance granting to Ches• ter C. Schmitt, the right to extend the existing sanitary sewer com- mencing 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 Z6 feet south of the said property, describing the conditions of the grant, regulating the use of said sewer and future connections therewith, said ordu-ance having been passed upon first reading on April 15th, 1952 and ordered placed on file with the City Clerk for public inspection for at least one week before final adoption, was presented for final adoption. ORDINANCE NO. 18.52 An Ordinance granting to Cheater C. Bchmltt the right to extend the existing sanitary newer commencing at an exlating manhole at a point 383 Peet East of the center line of Wind- sor Avenue and 28 teat 9auth of the North property line of the property 1[ne South of Dav1e Avenue, thence Eaat a distance of 85 feet and run- ning parallel to and 26 feet Bouth of the said property, describing the conditions of the grant, regulating the use of said newer and future con- nections therewtth. Whereas Cheater C. Schmitt has petitioned the City Counell for per- mieaion to extend the sewer from the existing manhole, which la 383 feet East of the center line of Wind- sor Avenue, for a diatanee of 85 feet. And, Whereas, the City Council, after inspection oY the grounds and due consideratlan thereof, finds that the Drayar of the aDPlication should be Granted. Be It Ordained by the City Counefl e the City o[ Dubuque; Section 1. That Chester C. Bchmitt be, and he la hereby granted the right to extend a nix (6) inch vitrified ela 9anttady sewer, beginning at an existing manhole at a point 383 teat ]rat of the Deafer line of Windsor Avenue, and 28 feet Bouth of the Worth property line at the property ]Ina South of Davis Avenue, thence East a diatanee of 86 feet and running parallel to and 28 feet south of the said property, Section 2, That the total coat of constructing Bald sewer shall be paid by the applicant, and aald newer shall be hula under the eupervieion and direction of the City Manager and the City Engineer. Beetlop E. As a further conaldera- tton of the rights and privileges herein tlranted, said Cheater C. Schm[tt, his successors and uelgna, assume any and all liability for damages to per- sona or property which may result from the construction of said sewer, The construction of the newer means the digging and re-filling of the trenches in the street, guarding and barracading oP said trenches to pro- tect the public, the reatoratton and maintenance of the street to aubatan- tially the same condition it was fn before the commencement of the work. Said applicant, his aucceaeera and aa- 324 Regular Session, May 5, 1952 signs, at their own expense, agree to pay on behalf of the City of Du- buque, an sums which the City of Dubuque shall become obligated to pay by reason of the liability im- posed upon the Clty for damages of any and all kinds, resulting Yrom the construction oP said sewer, by any person r persons, caused by acci- dent or otherwise arising out of the construction oY said sewer. Sold ap- plicant shall defend at his own ex- pense, on behalf of the City, any salt commenced against the City Yor damwKea, for personal injuries or de- al ction of property arising out of the construction of said sewer, and liability thereunder shall continue un- til alt ditches have been refilled, ob- structions removed from the street, and the surface at the street re- placed to subatantlally as good con- dition as It was in before the com- mencement of the work, and the sewer accepted by the City of Dubuque. Section 9. Aa a further condition of this grant, it is understood that after said sewer is completed, the City of Dubuque-shall have the right to make extensions thereto into other streets or districts without being re- quired to pay any part of the coats of original construction. Section 6. Asa Purther condition to this grant, it to understood that when said sewer is completed, it shall be considered a public sewer and thereafter the maintenance and re- pair expenses shall be borne by the Cit3' of Dubuque. Section B After said sewer has be^:~ completed and the total cost thereof determined, such cost aha61 be certified as correct, and tiled in the office of the City Clerk, where the same shall remain as a permanent record. Any person or persons de- siring to connect with said sewer shall first apply to the City Council for permission so to do, and such per- miaeion shall be granted upon con- dition that each propery owner pay to the applicant herein, his succes- sors or assigns, such part of the iota] original coat of construction of said sewer as the linear feet of the property to be connected bears to the entire sewer, which coat shall not be in excess oY that which may be levied upon the property in the con- etructlon of sewers as provided by the statutes of Iowa. Section 7. That after said sewer has been constructed It shall not be removed or its Pree use inteMered with by the applicant, his successor or assigns. Section 8. Aa a further considera- tion, it is understood that this san- itary sewer shall be used to carry only sanitary sewage; that no down spouts shall be connected therewith; that no surface water or drainage of any kind shall be run into said sewer. Section 9. This Ordinance shall be in Porce and effect ten (10) days from and after its final passage, adop- tion and publication as provided by law and when the terms hereof are accepted by petitioner, which accept- ance shall be endorsed hereoD• All costs in connection therewith shall be paid by petitioner. Passed upon first reading this 15th day of Aprn, 1952. Passed, adopted and approved upon final reading this 5th day of May, 1952. RAY F. KOLB, Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk. Chester C. Schmitt, having Lull k-owledge and understanding of all of the terms and conditions of Ordi- nance No. 18-62, hereby accepts the same as passed, and agrees to com- ply with all the terms and conditions thereof. Executed this 8th day of M y, 1952. CHESTER C, SCHMITT Published officially in The Tele- graph-Herald nowspaper this 9th day of 'lay, 1952. J. J. SHEA, It May 9 C[ty 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. Council Proceedings for the month of January, 1952, presented for approval. Councilman Schuel- ler moved that the Council Pro• ceedings for the month of Janu- ary, 1952, be approved as printed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. May 5, 1952 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the pro- visions of the Code of Iowa, 1950, Permanant Registration, I hereby recommend for your approval the appointment of the following named persons to serve as Clerks of Election for each precinct, who shall have charge of the election register for the Primary Election to be held on June 2nd, 1952. First Precinct -Democratic, Mrs. Josephine O'Brien, 850 South Grandview Avenue; Republican, Mrs. Lillian Jones, 1745 Overview Court. Second Precinct -Democratic, Mrs. Maretta Donegan, 1589 West Third Street; Republican, Mrs. Ed. Hauser, 1585 Douglas Street. Third Precinct -Democratic, Mrs. Vera McAllister, 821 Dodge Street; Republican( Mrs. Enuice Kilby, 521 West Third Street, Fourth Precinct -Democratic, Mary Hughes, 504 Bluff Street; Republican, Mrs. Margaret Eads- ley, 638 Wilson Street. I `• t Ili ~,;~ ~1 Regular Session, May 5, 1952 325 Fifth Precinct -Democratic, Mrs. Laura E. Hohmann, 792 Ne- vada Street; Republican, Mrs. Sadie Trader, 295 Nevada Street. Sixth Precinct -Democratic, Mrs. Lillian Fleege, 1655 St. Am- brose Street; Republican, Mrs. Louise Forward, 1530 Algona Street. Seventh Precinct -Democratic, Mrs. Cecelia Weber, 996 Central Avenue; Republican, Mrs. Alexia Hanley, 921 Central Avenue. Eighth Precinct -Democratic, Mrs. Anna Weber, 1025 Locust Street; Republican, Mrs. Jane Fuhrman, 530 Wilbur Street. Ninth Precinct -Democratic, Mrs. Belle Leidinger, 1502 Maple Street; Republican, Mrs. Edna Widdowson, 1710 Jackson Street, Tenth Precinct -Democratic, Mrs. Stella Ball, 540 West Locust Street; Republican, Mrs. Hattie Donatsch, 620 Seminary Street. Eleventh Precinct-Democratic, Mrs. Ida Murray, 348 Kaufman Avenue; Republican, Mrs. Hazel Kirkwood, 845 Kane Street. Twelfth Precinct -Democratic, Mrs, R. W. Reavell, 2307 Prince Street; Republican, Mrs. Elsie Bottage, 2421 Davison Street. Thirteenth Precinct - Democra- tic, Mrs, Freda Foell, 2915 Jackson Street; Republican, Mrs. Mabel Essman, 2930 Jackson Street. Fourteenth Precinct - Democra- tic, Mrs. Veronica Agard, 519 Rhomberg Avenue; Republican, Mrs. Given Bohn, 2540 Windsor Avenue. Fifteenth Precinct - Democra- tic, Mrs, Mimtie Lucas, 1303 Rhomberg Avenue; Republican, Mrs. Helen Hohnecker,1202 Lincoln Avenue. Sixteenth Precinct - Democra- tic, Mrs. Bertha Delaney, 2085 Mullin Road; Republican, Mrs, Ethel Asmussen, 3131 Asbury Street. Respectfully submitted, J. J. SHEA, Commissioner of Regis- tration. Councilman Austin moved that the recommendation of Commis- sioner of Registration Shea be ap- proved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 30, 1952 Hon. Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: The claim of Mr. Larry Vize of 1857 North Main Street, this City, for damages to his fire resulting frem an exposed manhole has been referred to this office for investi• gation and report. Upon investigation we find that the manhole in question was pro- truding from the alley surface to a considerable degree and might be considered a proper basis for recovery from the City. Mr. Vize has suffered the loss of a fire of the approximate value of twelve dollars. It is therefore recommended that this claim be approved in the amount of twelve dollars and the Auditor be in- structed to issue a warrant in such amount to him upon receipt of a properly executed release. Sincerely, T. H. NELSON, Councilman Kintzinger moved that the recommendation of City Solicitor Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $12.00 in favor of Larry Vize, as settle- ment in full of his claim, and that said warrant be delivered upon re- ceipt by the City of Dubuque of a propertly executed release. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Rolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays-None. April 29, 1952 Hon. Mayor and Members of the City Council Dubuque, Iowa. Gentlemen: The claim of Arthur Frommelt of 625 Gillespie Street, Dubuque, for damages to his vehicle, which oc• tarred is attempting to pass over k 8 ~i ih I 326 Regular Session, May S, 1952 Flnt Btreet during the period of construction of the detention bash, has been referred to this office for investigation and report. Upon investigation we find no basis for liability on the part of the City and therefore recommend that the claim be denied. Sincerely, T. H. NELSON, Councilman Kintsinger moved that the recommendation of City Solicitor Nelson be approved. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, welu. Nays-None. April 30, 1952 Hon. Mayor and Member of the City Council, Dubuque, Iowa. Gentlemen: The claim of John P. Handers is the amount of f7.l0 for damages to his car resulting from a claimed faulty sewer intake, has been re• ferred to this office for investi- gation and report. Upon Inveattgation we find no basis for any liability on the part of the City and recommend that the claim be denied. Sincerely, T. H. NELSON, Councllman Kintringer moved that the recommendation of City Solicitor Nelson be approved. Sec• ended by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 30, 1952 Hon. Mayor and Members of the City Council Dubuque, Iowa. Gentlemen: The claim of Mra. John P. Mur- ray of Arlington, Iowa for damages received to her car resulting from a claimed faulty draht covering, has been referred to this office for investigation and report. Upon investigation we find no basis tar Iabillty on the pert of the City and recommend that the claim be denied. Sincerely, T. H. NELSON, Councilman Schueller moved that the recommendation of CIty Soilci- tor Nelson be approved. seconded by Councilman Kintainger. Car• ried by the following vote: Xeas-Mayor xolb, CounciLnen Austin, Kintzinger, Schueller, Welu. Nays-None. April 80, 1852 Hoa. Mayor and Members of the City Council Dubuque, Iowa Gentlemen: The petition of Mrs. Mary Hier for suspension of her 1951 real estate taxes because of age, has been referred to this Discs for in• vestigation and report. Upon investigation we find that this applicant's simillar petitions have been approved in the past and we find nothing to indicate this policy should be changed and therefore recommend its approval. Sincerely, T, H. NELSON, Councilman Welu moved that the recommendation of City Solici- tor Nelson be approved and the Board of Supervisors to be noti- fied of the action of the City Coun• cll. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. May 5, 1952 To the Honorable Mayor and .City Council, Dubuque, lows. Gentlemen: - The petition of Mrs. Hattie M. Bennett of 1280 Rosedale Avenue with reference to a strip of city owned property in front of Dots 8 and 9 in Rosedale Addition No. 2 was referred to the City Council to view the groupda. The City Manager was instruct- ed to investigate the conditions whereby the city acquired title to this piece of property and if any agreements were of record regard- Regular Session, May 5, 1952 327 log the deeding of this strip to the adjoining owners. I find that the property was purchased by the City of Dubuque for opening Rosedale Avenue and we have a warranty deed oa file and recorded in Book 85, page 471, of the Dubuque County records as of September 28,1904. This deed is for Lot 2 of 1 and Lot 2 of 2 of the subdivision of Mineral Lot 183. Lot 1 of 1 and Lot 2 of 1 were subdivided into several lots and called Rosedale Addition No. 2. In view of the fact that the City purchased this property, it is my recommendation that Mra. Ben• nett be allowed to make as offer to the City to purchase Lot 2 of 2 of Rosedale Addition No. 2, and that she have prepared a plat and pay for the cost of the proceedings. Respectfully submitted, L. J. SCHII,TZ, City Manager. Councllman Kintzinger mooed that the recommendation of City Manager 8chiltz be approved. Sec- . onded by Councilman Austin. Car• rfed by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. May 6, 1952 To the Honoreble Mayor and Ctty Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap• proved the following bonds and desire to have your approval on same for filing, subject to the approval of the City Solicitor. ERCAVATION John Luber, 610 Greenfield Street, United States Fidelity and Guaranty Co. Geo. I. Beeves, 2531 Windsor Avenue, Bond No. 218160, Western Surety Co. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the bonds be approved and placed on file. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. May 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: When the one-way street system is inaugurated, considerable traffic wilt be placed upon Iowa Street from Fourth Street to Second Street. I have a recommendation from the Police Chiet that Iowa Street be made a through Street from Fourth to Second Streets and I also concur is his recom• mendation. I have had an ordinance pre• pared for your approval. Respectfully submitted, L. J. SCHH,TZ, City Manager. Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 19--52 Aa Ordinance Amending Ordi- nance No. 33--49 as amended by repealing Section "U" of Sched- ule Hthereof and enacting a sub• stitute therefor and by adding a new Section "D" to Schedule III thereof, presented and read. Councilman Austin moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kiatzinger, 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• Gilman Schueller. Carried by the following vote: Yeas-Mayor Bolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. J i 328 Regular Session, May 5, 1952 ORDINANCE NO. 19.52 Aa Ordinance Amending Ordinance No. 33-49 as amended by Repealing Section "U" of Schedule fI thereof and enacting a substitute therefor and by adding a new Section "D" to Sch dole III thereof. Be It Ordained by the Clty Council o[ the City of Dubuque, ae follows: Sectton 1 That Section U of Sched- ule II of Ordinance No. 33-49 as amended be and the same 1a hereby repealed and the fonowing enacted to Iteu thereof: "U, Iowa Street from the south li of Second Street to the south line of Weat Twelfth Street and from the north 11ne o[ West Twelfth Street to the south line of Loras Boule- vx d.' Section 2. That Schedule III of Or- dinance No. 33-49 is hereby amended by adding a aew Section D thereof as follows: "D. Northbound vehicles must stop before entering: Second Street at Iowa Street" Section 3. This Ordinance shall be in toll force and effect from and after its 11na1 passage, adoption and publication as by law provided. Introduced the 5th day of May, 1952. Rulo requiring reading on three separate days suspended by unani- mous vote the 5th day of May, 1952. Passed, adopted and approved this 5th d: ~ of May, 1952, RAY F. KOLB, Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Att~at: J. J. Shea, City Clerk. Published otfielally In The Tele- gr^ph-Herald newspaper Chia 9th day of May, 195x. J. J. SHEA, it May 9 City C]erk Councilman Austin 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. May 5, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Leroy Stoffel re- questing the installation of street lights on West 32nd Street was re- ferred to the City Manager and Electrical Inspector for recom- mendation and report; also the petition of Mrs. Clarence Splinter and others requesting the installa- tion of street lights on Primrose and Keokuk Streets, also on Prim- rose and Kane Streets. After making an investigation of the conditions existing at these locations, it is recommended that a street light be placed on 32nd Street on the eighth pole beyond the last light; also that a light be placed at the intersection of Keokuk, and Primrose, and Kane Street and Primrose. I also have had investigated the lighting conditions near Madi• son Park and find that there is no lighting in this area. I recom- mend that a light be installed on pale No. 207.279K. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin 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. (Ordering Construction) RESOLUTION N0. 1922 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 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 proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement funds. 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 T,j Regular Session, May 5, 1952 329 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. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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-1Vlayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Ordering Construction) , RESOLUTION N0. 1942 Be It Resolved by the City c; Council of the City of Dubuque that pursuant to a resolution of necessity No. 1302 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 mo- tion without the petition of prop- erty 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. `1 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 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 bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been com- pleted and accepted by the City COnnCll. 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 Aril, 1952. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N, SCHUELLER, CHARLES A. KINTZINGER, 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 A li s t i n, 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 the north property line. of Simpson Street to south property line of Coates 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 heretofore adopted and now on file in the office of the City Clerk. 330 Regular Session, May 5, 1952 Be It Further Resolved that i the cost and expense of the said ', improvements be paid far by levy ~ ing special assessments against the privately owned property lying within the assessable distance from the improvemeata, whether ouch 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 #unds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay menu 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 passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of Aprll, 1952. Passed, adopted and approved this 5th day of May, 1952. RAX F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KIIVTZINGER, 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; Xeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-•-None, (Ordering Construction) RESOLUTION N0. 146-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 136--52 wlrich was duly passed by this Council, 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 be and the same are hereby ordered and constructed by this Council upon its own motion with- out the petition of property own• ers. AU the work shall be con• atructed io accordance with the plans sad 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 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 cem• pleted 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, Passed adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE F. WELU, RUBEN V. AUSTIN, LEO N, SCHUELLER, CHARLES A. KINTZING1diR, 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; Xeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. n~ >: rc" Regular Session, May 5, 1952 33i (Ordering Construction) ~: RESOLUTION N0. 200-52 Be It Resolved by the City 4 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 the east property line of Prescott Street to west property line of Lincoln 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 rnnstructed in accordance with the plans and specifications here- tofore adopted and now on fle in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provemwt 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- 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 meats 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 P' io force and effect from and after ~ its passage and adoption by the City CouncB. :. Approved and placed on file for ;. final adoption this 15th day of April, 1952. ~ Passed, adopted and approved this 5th day of May, i952. RAY F. KOLB, Mayor, CLAAEiYCE P. WELU, t RUBEN V. AUSTIN, L$0 N. SCHUELLER, ~> CHARLES A. KINTZINGER, 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. 202-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 142-52 which was duly passed by this Council, for the improvement of Hamilton Street with asphaltic macadam surfacing from the east property line of Rhomberg Avenue to west property line of Garfield Avenue 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- structed io 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 otrt of the street improvement 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 this resolution being deemed urgent and of immediate necessity shall be is force and effect from sad after its passage and adoption by the City Council. i Approved and placed on file for final adoption this 15th day of April, 1952. 332 Regulat Session, May 5, 1952 Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLEft, CHARLES A. KIlVTZINGER, 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. (Ordering Construction) RESOLUTION N0. 204-62 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 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 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 con- structed 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 proportion to the special benefits conferred, 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 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. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. 206-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 148-52 which was duly passed by this Council, for the improvement of Lawther 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 own mo- tion without the petition of prop- erty owners. All the work shall be constructed in accordance with the plans and specifications 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 -~ i !i 1 ~+ Regular Session, May 5, 1952 333 the street improvement 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 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. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, 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. 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 Council, 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 prop- erty line of Adeline 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 proportiop 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 com• pleted 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. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger 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. 210-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 154-52 which was duly passed by this Council, for the improvement of Simpson Street with asphaltic macadam surfacing from the west property line of Fremont Avenue to the west prop- erty line of Cross Street be and the Same ace hereby ordered and -~ ~~ ?:. i i, E~ i '; ,~ :I °i 33~ ~tegular Session, May 5, 1952 t~onslruckd bg this Council upon im own motion without the ~eti- t[on of pmprxty owners. All the wort; shall be constructed in ae- eordance with the plans sad speci- ficatfons heretofore adopted and now on file in the office of the City Clerk. 8e It Further Resolved that the cost and expense of the said fm• provemeuts 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 nut of the street improvement funds. Payment wfil 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 Ctt;/ Council. Be It g'urther 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 Ceuncil. Approved and placed on file for final adopti+Dn this loth day of April, 1952, Passed, adopted and approved this 5th day of Meg, 1552. RAY F, gOLB, Mayor. GLAREI~ICE P. WELtI, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, Councilmen, Attest: J. J, SIIEA, City Clerk. Oa~aecflman Hlntzinger moved ~ adoption of 'the resolution. Sec- onded by I;ouarilman Schueller. Carried by t'lte fallowing vote: Yeas-bIayor Kolb, Councilmen Austin, Iiintzinger, Schueller, VGelu. ivaya-Ngne. (Ordering Conshvctiat) RESOLUTION NO. 212-5! Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 157-52 which was duly passed by this Council, for the improvement of Stetmore Street with asphaltic macadam surfacing from the south property lino of Lombard Street to a point 660 feat seuth be and the same are herebq ordered and constructed by this Council upon its own motion with- out the petition of property owners. All the work shag be constructed iti accordance with the plans and specifications heretofore adopted and now on file is the once of the City Clerk. Be It Further Resolved that the cost and expense of tDe said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvemen#s, 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 defrci~cy will be paid oat of the street improvement funds. Payment w~7i be made to the contractor out of funds reaHeed from the sale of toads 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 a~ after its passage and adoption by the City Council. Approved and placed oa file for final adoption this 15th day of April, 1952. ,Passed, adopted aml approved the 5th deq of 3[ay, 1951. itAY F. KOL$, Mayor. CI.A1tENCE P. @I'ELU, RiIB$N V. AUSTIN, L90 N. SCffUELLER CfIARLES A. K11QTZiNGER, Councilmen. Attest: J. d, SSISAA, CR9 L`lerk, Regular Session, May S, 19$a 335 Councilman Austin moved the adoption of th® resolution. Sec- oaded by Councilman Schueller. Carried by the following vote: Xeas~-Mayor Kolb, Councilman Austin, KintEinger, Schueller, Welu, Nays--None. (Ordering Construction) RESOLUTION N0. 214-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 16Q-52 which was duly passed by this Council, for the improvement of Strauss Street with asphaltic macadam surfacing from west Property line of Burden Ave- . uue to east property Tine of l3ruas• wick Street be and the same are hereby ordered and constructed by this CouacA upon its own mo- tlan without the petition of prop- erty owners, All the work shall be constructed in accordance with the pleas and specifications heretofore adopted and now on file in the office of the City Clerl~. 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 t, 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 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 tlris resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by tbo City Council. Approved and placed oa file for final adoption this 15th day Of April, 1952, Passed, adopted and approved this 5th day of May, 1852, RAY F. KOLB, ' Mayor. CLAAENCE P. WELU, RUBEN V. AUSTIN, LEO N, SCHUELLER, CHARLES A, KINTZINGER, Councilmen. Attest: J. J. SHEA, City Cler)G. Councilman Welu moved the adoption of the resolution. 3ec• owded by Councilman &ehueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzipger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION NO, 219-.5~ Whereas, proposals have been submitted by contractors for the improvement of Adeline Street with curb and gutter from the east property line of Grandview Avenue to the west property line of Ra- mona Street pursuant to Resolution No. 99-52 sad Thos. Flynn Coal Company contractor, .has suh• miffed the lowest bid fot 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 a# Aubuque that the contract for We above mentioned improvement be away ed to Thos. Flynn Coal Company and the Manager be and he is hereby directed to executes 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 as April 15th, 1952. ;`~~,''~ ;', .1 ~ ~~ 336 Regular Session, May 5, 1952 Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. (Awarding Contract} RESOLUTION N0. 220-52 Whereas, proposals have been submitted by contractors for the improvement of Apple Street with curb and gutter from north prop- erty line of Cleveland Avenue to the south property line of Oak Street pursuant to Resolution No. 1012 and K-M Construction Com- pany contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to 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 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. Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P, WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. RINTZINGER, 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. (Awarding Contract} RESOLUTION N0. 221-52 Whereas, proposals have been submitted by contractors for the improvement of the west side of Cross Street with curb and gutter from the south property line of Coates Street to the north prop- erty line of Simpson Street pursu- ant to Resolution No. 103-52 and K-M Construction Company con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to K-M Construction Company and the Manager be and he is hereby direced 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 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. Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sec- e 1 ~~ ~i. Regular Session, May 5, 1952 33'1 onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Awarding Contract) Rl~SOLUTION 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 Ave- nue to the west property line of Garfield Avenue pursuant to Reso- lution No. 105-52 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 Council of the City of Dubuque that the contract for the above mentioned improvement be award- 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 be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week April 15th, 1952. Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger 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. (Awarding Contract) RESOLUTION N0. 223-52 Whereas, proposals have been submitted by contractors for the improvement of Decatur Street with curb and gutter from east property line of Prescott Street to west property line of Lincoln Ave- nue pursuant to Resolution No. 107-52 and K-M Construction Com- pany contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to K-M Construction Company and the Manager be and he i5 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. Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. (Awarding Contract) RESOLUTION N0. 224-52 Whereas, proposals have been submitted by contractors for the improvement of Hamilton Street with curb and gutter from east property line of Rhomberg Avenue 338 Regular Session, May S, 1952 to the west property line of Gar- field Avenue pursuant to Resolu- tion No. 109-52 and K-M Construc- tion Company contractor, has sub• witted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award• ed to 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• ante of said work. Be It Therefore 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 Apri115th, 1952. Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, 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, Schueller, Welu. Nays--None. (Awarding Contract) RESOLUTION N0. 225-52 Whereas, proposals have been submitted by contractors for the improvement of Hamilton Stree with curb and gutter from eas property line of Lincoln Avemi to the west property line of Pres Cott Street pursuant to Resolutio No. 111-52 and K-M Constructio Company contractor, has sub milted the lowest bid for the furnishing of all labor and mater ials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award• ed to 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• ante 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. Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, 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. (Awarding CoMrect) 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 Resolu- tion No, 113-52 and K-M Con- struction Company contractor, has submitted the lowest bid t for the funishing of all labor t and materials and •performing e the plans and specifications; now - therefore, n Be It Resolved by the City n Council of the City of Dubuque - that the contract for the above mentioned improvement be award- ~~ i J µ Regular Session, May 5, 1952 339 ed to &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 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. Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Rintzinger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 221-52 Whereas, proposals have been submitted by contractors for the improvement of Ramona Street with curb and gutter from 240 feet north of the north property line of Adeline Street to 100 feet south of the south property line of Adeline Street pursuant to Resolu- tion No. 115-52 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 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 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 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. Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, . CHARLES A. KINTZINGER, 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. (Awarding Contreet) RESOLUTION N0. 2'18-52 Whereas, proposals have been submitted by contractors for the improvement of south side of Simp son 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 pursuant to Resolu- tion No. 117-52 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 Council of the City of Dubuque that the contract for the abore mentioned improvement be award- ed to K-M Construction Company and the Manager be and be 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 be- come effective from and after its 340 Regular Session, May 5, 1952 passage and adoption by the City Council. Approved and placed on file for one week April 15th, 1952. Passed and adopted this 5th day of May, 1952. 'RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City.Clerk. Councilman Kintzinger 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. (Awarding Contract) RESOLUTION N0. 229-52 Whereas, proposals have been submitted by contractors for the improvement of east side of Stet• more Street with curb and gutter from the south property line of Lombard Street to a point 660 feet south pursuant to Resolution No. 1192 and K-M Construction Com- pany contractor, has submitted the lowest bid for tl~e furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to 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• ante 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. Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. (Awarding Contract) 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 Ave• nue to the east property line of Brunswick Street pursuant to Resolution No. 121-52 and K•M Construction Company 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 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 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. kk ~,~h h Regular Session, May 5, 1952 341 Passed and adopted this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. 260-52 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 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 Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue. Dell Warren and Ralph Warren, 1700 Central Avenue. Robert J. Bowen, 1105 Univers- ity Avenue. Martin M. Meyer and Vernon Meyer, 530 East 22nd Street. Bernice D. Jenkins and Frank J. Fitzpatrick, 576 Central Aven- nue, Francis Ackerman, 2203 Carter Road. Canfield Hotel Corporation, 36 West Fourth Street. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf and Country Club, 260 Randall Place. Dubuque Metal Trades Council Club, 111 West 6th Street. CLASS "C" PERMIT Earl T. Avery, 1602 Lincoln Ave- nue. Carl Van Duelman, 590 Seminary Street. R. Daniel Winders, 2204 Central Avenue. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. 261-52 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 a Beer Permit. CLASS "B" PERMIT Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue. Dell Warren and Ralph Warren, 1700 Central Avenue. Robert J. Bowen, 1105 Univers- ity Avenue. Martin M. Meyer and Vernon Meyer, 530 East 22nd Street. Bernice D. Jenkins and Frank J. Fitzpatrick, 576 Central Avenue. Francis Ackerman, 2203 Carter Road. Canfield Hotel Corporation, 36 West Fourth Street. CLASS "B" PERMIT FOR PRNATE CLUB Dubuque Golf and Country Club, 260 Randall Place. Dubuque Metal Trades Council Club, 111 West 6th Street. CLASS "C" PERMIT Earl T. Avery, 1602 Lincoln Ave- nue. Carl Vau Duelman, 590 Seminary $tree(, ,I ~,,~ij f"~,~ p'~ ~, I, IE '~, ~; ~, :~ I~ ~:~ ~a H r~ _' ~~ ti ~~~::i 342 Regular Session, May 5, 1952 R. Daniel Winders, 2204 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. Proof of publication, certified ti4 by the publishers, of notice of ad- vertisementfor bids for remodeling of Fire Station Building, Central Avenue at 18th Street, presented and read. 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. May 1, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, bids were received up to 2 P.M., May 1, 1952 for General Construc- tion, Plumbing and Heating, and Electrical Work for remodeling the Eighteenth Street Fire Station. Attached is a tabulation of all bids received. I recommend the award of con- tracts to the following contractors who submitted the lowest bid re• ceived: Willy Construction Co.-General Contract. CurlisStraub Company-Plumb• ing & Beating. United Electrict Co.-Elec~ical Work. .Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved: Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu: Nays-None. (Awarding Contract) RESOLUTION N0. 262--52 Whereas, proposals have been submitted by contractors for the General Contract of remodeling of 18th Street Fire Engine House pursuant to Resolution No. 51-52 and Wil>,v Construction Co, of Dubuque, Iowa contractor, has sub• milted the lowest bid for the furn• iskung 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 Willy Construction Co. of Du- buque, Iowa and the Manager be and he is hereby directed to exe• cute 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 May 5th, 1952. Councilman Welu moved that the resolution just read being a resolu- lion 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 fur public 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, Regular Session, May S, 1952 343 (Awarding Contract) RESOLUTION N0. 263--52 Whereas, proposals have been submitted by contractors for the Plumbing, Heating and Ventilation work on remodeling of the 18th Street Fire Engine House pursuant to Resolution No. 512 and Curtis• Straub Company of Dubuque, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided far in the plans and specifications; now there• wrq, Se It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Curtis~traub Company of Dubuque, Iowa and the Manager be and be is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be• come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on May 5th, 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• lion. Seconded by Councilman Kint- zinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 264-52 Whereas, proposals have been submitted by contractors for the isle and performing the work as Electrical work on remodeling of the 18th Street Fire Engine House pursuant to Resolution No. 51-52 and United Electric Company of Dubuque, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and mater• 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 United Electric 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 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 fur one week on May 5th, 1952. Councilman Welu moved that the resolution just read being a resolu• lion 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• lion. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. RESOLUTION N0. 265-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im• provement of Argyle Street with asphaltic macadam surfacing from north property line of Lowther. Street to south property line of Groveland Place, presented and read. 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. (Necessity for Improvement) RESOLUTION N0. 266-52 Whereas, proposed plans, plat and schedule have been duly pre• pared and approved by the City 344 Regular Session, May 5, 1952 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 assessed 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. B. In each case 'the amount thereof which is estimated to be assessed against each lot, for the improvement of Argyle Street with asphaltic macadam surfacing from the north property line of Lowther Street to south property line of Groveland Place. 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 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 We 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 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 5th day of May, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KDVTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read being a resolu• tion 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 re- main on file for public inspection for at least one week before final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 249-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Res• olution No. 265-52 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 inspection, for the improve- ment of Argyle Street with asphal• tic macadam surfacing from the south property line of Groveland Place to the north property line of Lowther 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 2nd day of June, 1952, a public hearing will be held at 7:30 o'clock P.M, in the Council Cham- bar in the City of Dubuque ,at ~„ ~~. ~~P I ~~,_ k j~ '[ Regular Session, May 5, 1952 345 which time the owners subject to assessment for the proposed im- provement may appear and make objection to the proposed plans 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 bearing 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 saicj 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 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, 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. 26>~-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 asphaltic macadam surfacing from west property line of Grandview Avenue to the east property line of Randall Street, presented and read. Councilman Kintzinger 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. (Necessity for Improvement) RESOLUTION N0. 269-52 Whereas, proposed plans, 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 there- of which is estimated to be as• sassed against each lot, for the im• provement of Bradley Street with asphaltic macadam surfacing from 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 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• strutted and done in accordance with the plans which have been prepared thereof 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 346 Regular Session, May S, 1952 owned property lying within the assessable distance provided by law and in an amount not to ex- ceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and is proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement fund. Bonds shad be Issued and sold in anticipation of deferred payments 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 5th day of May, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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 inform for final passage and further move that rho 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. 110-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 268-52 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 Bradley Street with asphaltic macadam surfacing from west property line of Grand- view Avenue to the east property line of Randall Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment bas been introduced and is now oa file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 3rd day of June, 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 subject to assess- ment for the proposed improve- ment may appear and make ob• jection to the proposed plans 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 U-e day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution 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 5th day of May, 1952. RAX F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Regular Session, May 5, 1952 347 RESOLUTION NO. 211-2 Preliminary approval of proposed plans, specifications, form of con- tract, plat and schedule and all other documents for the improve- ment of Bradley Street with asphal- tic macadam surfacing from the west property line of Henderson Street to a point 816 feet north, presented and read. 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. (Necessity for Improvement) RESOLUTION N0. 212-52 Whereas, proposed plans, 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 dis- trict, if any. 2. The street 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 there- of which is estimated to be as- sessed against each lot, for the im• provement of Bradley Street with asphaltic macadam surfacing from the west property line of Hender- son Street to a point 816 feet north. 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 Cletdc 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 be assessed upon and against all privately owned property lying within as- sessable distance by law 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 ont of the street im- provement fund. Bonds shall be 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 5th day of May, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read being a reso- lution ordering a street improve- ment be now considered complete in #orm for final passage and further moved 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. 348 Regular Session, May 5, 1952 (Fixing date of hearing) RESOLUTION N0. 213-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No, 271-52 given its preliminary approval on the pro• posed plans, specifications and form of contract and placed on file in the office of the City Clerk for public inspection, for the im- provement of Bradley Street with asphaltic macadam surfacing from the east property line of Hender- son street to a point 816 feet north and, Whereas, the proposed Resolu- tion of Necessity has been intro- duced and is now on file in the City Clerk's office for public in• spection. Be It Therefore Resolved that on the 2nd day of June, 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 prop- erty subject to assessment for the proposed improvement may appear and make objections to the pro- posed plans and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso• lotion 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- lished 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 objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived all ob• jections thereto, at which hearing the Council will hear such objec- tions and enter on record its final decision thereon. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KDVTZINGER, 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. 214-,52 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 asphaltic macadam surfacing from the north property line of Coates Street to the south edge of U.S. Highway No. 20 pavement, pre- sented and read. Councilman Aus- tin moved the adoption of the reso- lution. Seconded by Councilman, Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 2]5-52 Whereas, proposed plans, 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. +~ 1 Regular Session, May 5, 1952 349 6. In each case the amount there- of which is estimated to be as• sessed against each lot, for the improvement of Concord Street with asphaltic macadam surfacing from the north property line of Coates Street to the south edge of U. S. Highway No. 20 pavement. 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 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 5th day of May, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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 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 Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 216-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 274--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 Concord Street with asphaltic macadam surfacing from the north property line of Coates Street to the south edge of U.S. Highway No. 20 pavement 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 2nd day of June, 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 property sub- ject to assessment for the proposed improvement may appear and make objection to the proposed plans 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 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 350 Regular Session, May 5, 1952 the daq 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 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, 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 N0. 271-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Pearl Street with asphaltic macadam surfacing fmm the east property line of O'Hagen Street to the west property line of McCormick Street, presented and read. Councilman Austin moved the adoption of the resolution. Se~- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 218-2 Whereas, proposed plans, 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~ went. 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 Pead Street with asphaltic macadam surfacing from east property line of O'Hagen Street to west property line of McCormick 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, unless property owners at the time of the final consideration of this proposed resolution have an 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 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 oat of the street im- provement fund. Bonds shall be issued and sold im 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 intru- Regulaz Session, May 5, 1952 351 dosed, approved and ordered placed on file with the City Clerk this 5th day of May,1~2. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, LEO N. SCHUELLER, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, 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 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 before final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 21l-52 Whereas, the City CouncR of the City of Dubuque, Iowa, has by Resolntion No. 2772 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 asphaltic macadam surfacing from the east property line of O'Hagen Street to west property line of Me- Coxmkk Street and, Wheroas, the proposed Resolu• tion of Necessity for said improve- ment has been introduced and is now on file ie the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 2nd day of June, 1952, a public bearing will be held at 7:3D o'clock P.M. in the Council Cham- ber in the City of Dubuque at whkh time the owners of property subject to assessment far the pro- posed improvement may appear and make objection to the proposed pleas 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- 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 pub- lished in some newspaper pub- lished in the City of Dubuque, the last of which shall be not loss 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 objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final de• cision thereon. Passed, adopted and approved this 5th day of May, 1952, RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. 5ec• owded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin , Kintzinger, Schueller, Welu. Nays--None. RESOLUTION N0. 280-54 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im• provement of Rider Street from the west property line of South Grandview Avenue to the east property line of Perry Street with asphaltic macadam surfacing, pre- sented and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Couucilmen Austin, Kintzinger, Schueller, Welu. Nays-None. 352 Regular Session; May 5, 1952 (Necessity for Improvemenf) RESOLUTION N0. 281-52 Whereas, proposed plans, 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 Rider Street with asphaltic macadam surfacing from the west property line of South Grandview Avenue to the east property line of Perry Stree~ 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 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 the street im- provement fund. Bonds shall be 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 5th day of May, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read being a reso- lution ordering a street improve- ment be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 282-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 280.52 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 asphaltic macadam surfacing from the west property line of South Grandview Avenue to the east property line of Perry 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 2nd day of June, 1952, a R Regular Session, May 5, 1952 353 public hearing will be held at 7:30 o'clock P.M. in the Council Cham• her in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement may appear and make objection to the proposed plans 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 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 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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, Schueller, Welu. , Nays-None. RESOLUTION N0. 283-52 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 asphaltic macadam surfacing from east property line of Bradley Street to the west property line of South Grandview Avenue, presented and read. 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. (Necessity for Improvement) RESOLUTION N0. 284-51 Whereas, proposed plans, 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 Whelan Street with asphaltic macadam surfacing from the east property line of Bradley Street to the west property line of South Grandview Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public weffare 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 g ., 354 Regular Session, May S, 1952 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 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 5th day of May, 1952, Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read being a resolu- tion ordering a street improvement be now considered complete in form for final passage and further moved that the same be placed on file with the City Cierk 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 Kolb, Councilmen A u a t i n, Kintzinger, Schueller, Welu. Nays-None. (Fixing date of hearing) (RESOLUTION N0. 285-5! Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 283--52 given its preliminary approval on the pro• posed plans, specifiations and form o! contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Whelan Street with asphaltic macadam surfacing from the east property line of Bradley Street to the west prop- erty line of South Grandview Ave- nue and, Whereas, the proposed Resolu• tion of Necessity for said improva• went has been introduced and is now on file in the City Clerk's oR'ice for public inspection, Be It Therefore Resolved that on the 2nd day of June, 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 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- lution 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 fts final decision thereon. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. . CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec• Regular Session, May 5, 1952 355 owned by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. April 15,1952 To the Honorable Mayor and the City Council, Dubuque, Iowa. This is to advise that the con- struction of a sanitary sewer in Mt. Vernon Court under contract to the Willman Company of Cedar Rapids, Iowa, has been completed in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work. L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman ICintzinger. Carried by the following vote: Xeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. FINAL @STIMATB CITY OF DUBUQUE, IOWA RESOLUTION N0. 286-5! Whereas, the contract for the construction of a sanitary sewer in Mt. Vernon Court has been com- pleted and the City Engineer has submitted A1s f[wal estimate show- ing the cost thereof including the cost of estimates, notices, inspec• tion, and preparing the assessment and plat, now therefore, Be It Resolved, by the City Council of the City of Dubuque, That the cost of said improvement is hereby determined to be $2,877.03. That $2,877.03 of the cost thereof shall be assessable upon private property and None shall be paid from the .................... Fund of the City of Dubuque. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A: KINTZINGER, Councilmen. Attest: J. J. 5HEA, 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 , Rintzinger, Schueller, Welu. Nays-None. (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0, Y87-S2 Whereas, the contract for the construction of a sanitary sewer in Mt. Vernon Court has been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, sow therefore, lie It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and be is hereby di- rected to prepare a plat sad sched- ule showing the lots or parcels of real Mate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Cierk shalt upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Besolvod, that the City Treasurer be and he is here- by directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above described improve- ment in amount equal to the amount of his contract, less any retained percentage provided for therein. . ~[''~ °i I' F~ „~I ,'', L ~i ~,'~ ~. ~I ,,p ur~l 9~i!i h~ yijti1~ ~~ 'I''F~ ~~ ~IIlf ~r ~~ ~~I y a }p' ~li '~ ~I ' ~S~Ij ,~1I' n ~~~Ii ~I~i ;, J,~ ~ ~`~ ~,1~, ;,? 356 Regular Session, May 5, 1952 Passed, adopted and approved this 5th day of May, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N.SCHUELLER, CHARLES A. KINTZINGER, 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. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of West Sixteenth Street to the end of Street, with concrete curb and gutter, under contract with Thos. Flynn Coal Company, Dubuque, Iowa has been completed in accordance with the plans and specifications. I, Therefore, recommend the ac- ceptance of this work. Respectfully submitted, L. J. SCHH.TZ, City Manager. Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0. 2882 Whereas, the contract for the improvement of West Sixteenth Street with curb and gutter from west property line of Catherine Street to the end of the street has been completed and the City En- gineer has submitted his final esti- mate showing the cost thereof in- cluding the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, Be It Resolved, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $2,907.30. That $2,011.85 of the cost thereof shall be assessable upon private property and $895.45 shall be paid from the street improvement Fund of the City of Dubuque. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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. (A• Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 289-52 Whereas, the contract for the improvement of West Sixteenth Street with curb and gutter from west property line of Catherine Street to the end of the street has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and re- commends its acceptance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and he is hereby directed 'I to prepare a plat and schedule showing the lots or parcels of real -~ ( 1' Regular Session, May 5, 1952 357 estate subject to assessment for said improvement and file the same in the office of the City Clerk . subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is here- by directed to pay to the contrac- tor from the funds to be realized from the sale of improvement bonds issued upon the above des- cribed improvement in amount equal to the amount of his contract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 5th day of May, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, 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 d. Austin, Kintzinger, Schueller, f Welu. Nays-None. RESOLUTION N0. 290-52 Whereas, Resolution No. 163-51 providing for a temporary transfer of $10,000 from the Consolidated Fund to the Municipal Golf Course was approved by the State Comp- troller; and Whereas, the amount transferred must be returned to the Consoli- dated Fund which no longer exists; however, the unexpended balance in the Consolidated Fund was pro- portioned partially to the Public Safety Fund and the Sanitation Fund; and Whereas, $3,400.00 has already been transferred from the Muni- cipal Golf Course Fund to the Consolidated Fund; and Whereas, the Municipal Golf Course is now under the Recrea- tion Fund; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that there be and there is hereby transferred from the Recreation Fund the sum of $3,300.00 into the Public Safety Fund and $3,300.00 to the Sanitation Fund; and Be It Further Resolved that the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to notify the Treas- urer of such transfer and such notification shall be accompanied by a copy of this resolution and the record of its adoption. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved .the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. There being no further business Councilman Welu moved to ad• journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. J. J. SHEA. City Clerk. Approved ................................ 1952 Adopted ................................ 1952 Councilmen Attest :................................ Clty Clerk. ~~ !! -~ ,N ~~, 3S$ Special Session, May 14, 1952 City Council (ORPICIAL) Special Session, May 14th, 1952. Council met at 4:30 P.M. Present-Mayor Kolb, Council• men Austin, Kintzinger, Welu. City Manager Schiltz. Absent-Councilman SchueIler. Meeting called by order of Coun- cilmen Welu and Austin. 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 considering for final adoption Resolution No, 239-52, a resolu- tion providing for the sale and award of $200,000 Water Revenue Bonds,1952 Series, also Resolution No. 240--52, a resolution authoriz- ing and providing for the issuance and securing the payment of $200,- 000 Water Revenue Bonds, 1952 Series, and acting on any other business as may properly come be- fore aregular meeting of the City Council, R6SOWTION N0. x39-51 Resolution providing for the sale and award of $200,000 Water Reve• rue Bonds, 1952 Series, and ap• proving and authorizing the agree- ment of such sale and award. Whereas notice of sale of Water Revenuo Bonds, 1952 Series, of the City of Dubuque, Dubuque County, Iowa, in the amount of $L00,000 has heretofore been given in strict compliance with the provisions of Chapter 75 of tho Code of Iowa by publication of notice for two or more successive weeks in at least one newspaper located in Dubuque County; and Whereas all sealed bids were re- ceived and placed on file, after which open bids were called for and received as follows: Carleton Beh Co. and Veith, Duncan and Wood-Par, accrued interest, 2~a% interest coupons and premium of $20.00: Quail and Co. and Becker and Cowrie, Inc.-Par, accrued in• terest 2'Fi% interest coupons and premium of $30.00 and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows; no sealed bids received. Now, There#ore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1, That upon being ad• vised is the premises, it is hereby determined that the bid of Quail and Co. and Becker and Cowrie Inc. of par, accrued interest, 2'A°~ interest coupons and premium of $30.00 for the purchase of said Water Revenue Bonds, 1952 Series, as advertised is the highest and best bid reeeived and that said bonds bearing interest at the rate of two and one-hal# per cent (2lFi%) per annum be and the same are hereby awarded to Bald Quail and Co. and Becker and Cowrie, Inc. Section 2. That the form of agree- ment of sale of said bonds to Quail and Co, and Becker and Cowrie, Inc. be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Introduced May 5, 1952. Passed and approved May 14, 1952. RAY F. KOI,B, Mayor. CLARENCE F. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded May 15, 1952. 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, Welu. Nays-None. Absent-Councilman Schueller. Special Session, May 14, 1952 359 Dubuque, Iowa May 5, 1952 Mayor & City Council, Dubuque, Iowa. Gentlemen: For $200,000.00 Water Revenue Bonds to be issued by City of Du- buque, Ia. bearing interest at the rate of Two and one-half (2'~a%) per cent per annum, payable semi- annually; both principal and in• terest payable at the office of the City Treasurer, Dubuque, Iowa, said bonds to be revenue obliga- tions, without option of prior pay- ments, and to be dated April 1, 1952, and to become due and pay able as follows: $5,000,00 12-1-55-58 inclusive. We will pay qou par and a prem• ium of Thirty $30.00) together with accrued interest, said bonds to be delivered at Davenport, Iowa on or about June 5, 1952. Provided, that prior to delivery of bonds and payment therefor, the City of Dubuque, Ia., is to prom- ptly furnish without cost to us a certified transcript of the legal proceedings pertaining to this bond issue which shall show their legal- ity to the satisfaction of Chapman and Cutler, attorneys, and furnish such other legal proceedings and take such further action as they may require for this purpose, The printed bonds are to be furnished and paid for by Quail & Co. - Becker & Cowrie and the final approving attorney's opinion is to be furnished and paid for by City of Dubuque, Ia. The above and foregoing propo- sition as submitted is hereby ac• cepted this 5th day of May, 1952. Respectfully submitted, Quail and Co, By Richard J. Gadient Becker and Cowrie, Inc. By V. F. Becker. RAY F, KOLB, Mayor. Attest: J, J. SHEA, Clerk. RESOLU710N N0. 240-52 A Resolution authorizing and providing for the issuance and securing the payment of $200,000 Water Revenue Bonds, 1952 Series, of the City of Dubuque, Iowa; un- der the provisions of Section 397,10 et seq. of the Code of Iowa, for the purpose of defraying the cost of improvements and extensions to the municipal waterworks in and for said City and providing. for the collection, segregation and distribution of the revenues of such municipal waterworks. 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 and the management and control of said utility is vested in the City Council of said City and no board of trustees exists For this purpose; and Whereas pursuant to a resolu- tion finally adopted by the City Council of the City on December 15, 1950, there have been hereto- fore issued and are now outstand- ing Water Revenue Bonds, of said City to the amount of $100,000, dated December 1, 1950, bearing interest at the rate of One and seven-eights per cent (17/e%) per annum and maturing $300,00 ou December 1, 1952, and $35,000 on December 1 of each of the years 1953 and 1954, and in and by said. resolution the right was reserved to the City to from time to time authorize, issue and deliver under specified conditions additional water revenue bonds ranking on a parity with the bonds thereby authorized; and Whereas this Council has hereto fore determined it advisable and necessary that the City of Dubuque, Iowa, improve and extend the municipal waterworks, the esti• mated cost of which improvements and extensions aggregates $200.000, and under the provisions of Section 397.10 et seq. of Chapter 397 of the Code of Towa, said City is authorized to issue negotiable in- terest bearing revenue bonds for the purpose of defraying the cost of such improvements and exten• sions, which bonds are to be paid from the net earnings of such waterworks and secured by a pledge of the property to be ac• gaited with the proceeds from the sale thereof; and Whereas it is deemed advisable that there be authorized to be 360 Special Session, May 14, 1952 issued at this time additional waterworks revenue bonds of said City, as hereinafter previded, so that such additional bonds will rank on a parity with the bonds now outstanding and a notice of the in- tention of this Council to take action for the issuance of said additional $200.000 Water Revenue bonds, 1952 Series, of said City has heretofore been duly published and no peti- tion setting forth objections to such proposed action has been filed in the office of the City Clerk; Now, Therefore, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That for the purpose of defraying the cost of improve- ments and extensions to the muni- cipal waterworks as referred to in the preamble hereof there be and there are hereby authorized to be issued the negotiable interest bear- ing revenue bonds of said City of Dubuque, in the principal amount of $200.000, each of which shall be known and designated as a "Water Revenue Bond, 1952 Series," bear- ing date of April 1, 1952, of the denomination of $1000 each and bearing interest at the rate of two and one-half per cent (2~Z%) per annum, payable December 1, 1952, and semiannually thereafter on the first days of June and December of each year from the date of said bonds until they are paid. Said bonds shall be numbered consec- utively from 1 to 200, inclusive, and shall mature in numerical order $50,000 on December 1 of each of the years 1955 to 1958, in- clusive. Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. All of said bonds and the interest thereon shall rank on a parity with the presently out- standing Water Revenue Bonds re- ferred to in the preamble hereof and with any additional bonds which may hereafter be issued and outstanding from time to time on a parity therewith and all of such bonds shall be payable solely from the bond and interest redemption sinking fund hereinafter referred to and shall be a valid claim of the holder thereof only against said fund, and none of said bonds shall be a general obligation of said City nor payable in any man- ner by taxation, and under no circumstances shall said City be in any manner liable by reason of the failure of the net earnings of the municipal waterworks to be sufficient for the payment in whole or in part of said bonds and in- terest thereon, but said bonds, to- gether with the presently outstand- ing bonds referred to io the pre- amble hereof and such additional bonds as may be hereafter issued on a parity therewith, shall be pay- able, both as to principal and in- terest, solely and only from the future net earnings of said water- works pledged therefor as herein- after provided. Section 2, That said bonds and coupons shall be in substantially the following form: (Form of Bond) UNrfED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE WATER REVENUE BOND 1952 SERIES Number - $1000 The City of Dubuque, in the County of Dubuque, and State of Iowa, for value received promises to pay to bearer, in the manner hereinafter specified, the sum of One Thousand Dollars ($1000) on the first day of December, 19-, with interest on said sum from date hereof until paid at the rate of two and one-hall per cent (2S~%) per annum, payable December 1, 1952, and semiannually thereafter on the first days of Juae and De- cember in each year, all such in- tert'st as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto at- tached as they severally become due; both principal and interest being payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. Special Session, May 14, 1952 361 This bond and the series of which it is a part are issued by said City pursuant to the provisions of Section 397.10 et seq. of Chapter 397 of the Code of Iowa, 1950, and all other laws amendatory hereof and supplemental thereto, and in conformity with a resolution of the City Council of said City duly passed on the 14th day of May, 1952. This band is one of a series of bonds of like tenor and date (ex- cept maturity), numbered from 1 to 200, inclusive, issued for the purpose of defraying the cost of improving and extending the mu- nicipal waterworks in and for said City and is not a general obliga- tion of said City, but this bond and the series of which it forms a part, together with other bonds hereto- fore issued and outstanding and any additional bonds as may be hereafter issued and outstanding from time to time on a parity therewith under the conditions set forth in the resolution authorizing said series as referred to in the preceding paragraph, are payable solely and out of the future net earnings of said municipal water- works which are pledged for that purpose; and said improvements and extensions acquired from the proceeds of this series of bonds are pledged to the payment,of this bond and the series of which it is a part. This bond is not payable in any manner,by taxation and under no circumstances shall the City of Dubuque be in any manner liable by reason of the failure of the said net earnings to be sufficient for the payment of this bond and the interest hereon. And it is hereby certified, re- cited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond and the series of which it is a part have existed, have happened and have been performed in due time, form and manner, as required by law, and that the issuance of this bond does not exceed or violate any constitutional or statutory limitation or provision. In Testimony Whereof, said City of Dubuque, by its City Council has caused. this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signature of the City Clerk, which official by the exe- cution of this bond does adopt as and for his own proper signature his facsimile signature appearing on said coupons, this first day of April, 1952. Attest: Mayor of the City of Dubuque, Iowa. City Clerk of the City of Du- buque, Iowa. (Form of Coupon) No. - $- The Treasurer of the City of Dubuque, Iowa, will pay to bearer out of the future earnings of its municipal waterworks Dollars ($-) on -, 19-, at the office of the City Treasurer, Dubuque, Iowa, as provided in and for semiannual interest then due on its Water Revenue Bond, 1952 Series, dated April 1, 1952, No.-. City Clerk. There shall .also be printed in bold face type across the face of each of said bonds the following provision: ' '?his bond is not a general obligation bond nor payable in any manner by taxation, but is pay- able only from the net earnings of the municipal waterworks of the City of Dubuque, Iowa:' On the back of each bond there shall be printed the certificate of the City Treasurer in the following form: "The issuance of this bond has been duly and properly registered in my office as of the first day of April, 1952. Treasurer of the City of Dubuque. Iowa." Section 3, That said bonds shall be signed by the Mayor and at- tested by the City Clerk of said City, with the seal of the City affixed, and the interest coupons 362 Special Session, May 14, 1952 I _._.- Special Session, May 14, 1952 363 attach~l thereto shall be executed by said City Clerk by his facsimile signature, and said official, by the execution of said bonds shall adopt as and for his own proper signa- ture his facsimile signature ap- pearing on such coupons. When and as executed said bonds shall be delivered to the City Treasurer to be by him duly registered as an issuance as provided by law, and said Treasurer shall sign the cer- tificate hereinafter set out in Sec• tine 2 and endorsed upon the back of each of said bonds and deliver said bonds to the purchaser there- of, upon payment of the purchase price, same being at least par and accrued interest, and the proceeds received by the sale of said bonds, exclusive of accrued interest, shall ' be applied to defraying the cost of improvements and extensions to the municipal waterworks of said City. Any unexpended balance of the proceeds of the bonds hereby authorized remaining after the completion of the improvements shall at the time of such comple- tion be converted into the "Water Revenue Bond Sinking Fund," hereinafter provided for. All ac- crued interest as may be received from the sale of the bonds hereby authorized shall be converted into said "Water Revenue Bond Sinking Fund." Section 4. That so long as any of said bonds or any other bonds rank- ing on a parity therewith are ou±- standing said municipal water- works shall continue to be operated as a revenue producing undertak• ing. The rates charged by the City of Dubuque, Iowa, to customers of the municipal waterworks, in- cluding the municipality, shall be such reasonable rates within the following maximum rates as will be sufficient to pay for the opera- tion and maintenance of said plant and system and the principal of and interest on the bonds herein authorized. The maximum quarter- ly rates that need be charged for services rendered by said water- works are hereby determined to be as follows; First 3,000 cubic feet per quarter at $.54 per hundred cubic feet Next 8,000 cubic feet per quarter at $.44 per hundred cubic feet Next 3,000 cub feet per quarter at $.34 per hundred cubic feet Next 21,000 cubic #eet per quarter at $.28 per hundred cubic feet Next 15,000 cubic feet per quarter at $.26 per hundred cubic feet Next 30,000 cubic feet per quarter at $.24 per hundred cubic feet Next 75,000 cubic feet per quarter at $.22 per hundred cubic feet Next 150,000 cubic feet per quar• ter at $.18 per hundred cubic feet Balance at $.14 per hundred cubic feat The minimum quarterly charge according to size of meters shall be as follows; 5/s"-$4.90--allowance 900 cu. ft. s/a"-$7.00-allowance 1300 cu. ft. 1"-10.00-allowance 1800 cu. ft. Sya"-#12.00--allowance 2200 cu. ft. S~Z"-$15.00-allowance 2700 cu. ft. 2"-X18.00-allowance 3400 cu, ft. For users outside the city ]Imits, an additional charge equal to 25% of the above rates will be made. Section. 5. That the provisions, covenant, u~ertakings and stip- ulations for the operation of the municipal waterworks of said City and for the collection, application and use of the revenues and in- come from such operation, as set forth in the resolution adopted by the City Council of said City on Decomber 15, 1950, and pursuant to which the outstanding Water Revenue Bonds of said City were issued shall inure and appertain to the bonds hereby authorized to the same extent and with like force, and effect as if herein set out in full, except only in so far as same may be inconsistent with this reso- lution. The provisions in and by said resolution whereby there has been created and is to be main- tained a "Water Revenue Bond Sinking Fund" and for the monthly payment into said fund ~'om the future net earnings of said works of such portion thereof as will be sufficient to pay the interest upon and principal of the outstanding Water Revenue Bonds and main- taining areserve therefor are all hereby ratified and confirmed, and all such provisions shall in- sure and constitute the security far the payment of the interest on and the principal of the Water Revenue Bonds, 1952 Series, hereby auth• orized as may from time to time be outstanding; provided, however, that the amounts to be annually set aside and paid into said Water Revenue Bond Sinking Fund, in equal monthly .installments, shall be sufficient to pay the interest and principal due in each year, not only of the bonds issued and oatstanding under the provisions of said resolution adopted Decem- ber 15, 1950, but also the interest on and principal of the Water Revenue Bonds, 1952 Series, issued pursuant to this resolution and from time to time outstanding and to maintain a reserve therefor. Section 6. That the provisions of Section 0 of said resolution adopted December 15, 1950, with respect to the issuance of additional water revenue bonds ranking on a parity with the bonds thereby authorized are hereby recognized. It is here- by found and declared that the officially reported net revenues of the municipal waterworks of said City for the last calendar or fiscal year are equal to at least one and one-fourth time the total of (1) the maximum amount of principal and interest that wdl become due in any calendar year on the bonds now outstanding and (2) the max- imum amount of principal and interest falling in any calendar year prior to the last year in which any of the outstanding bonds ma- ture on the bonds hereinbefore authorized and proposed to be issued. Section 7. That the City of Du• buque hereby covenants and agrees with the holder or holders of said bonds, or any of them that may from time to time be ou4 standing, that it will faithfully and punctually perform all duties with reference to the municipal water- works required and provided by the Constitution and Laws of The State of Iowa and will segregate the revenues of said works and make application thereof in accord- ance with the provisions of this resolution. Section 8. That for the further protection of the holders of the bonds herein authorized to be is- sued and the coupons thereto at- tached alien is hereby recognized and declared to be valid and bind- ing upon the improvements and extensions to the waterworks ac• quired with the proceeds of the bonds hereby authorized, which lien shall take effect immediately upon the delivery of any of said bonds. In the event of a default in any of the terms of this resolu- tion, said lien may be enforced and foreclosed for the use and benefits of all of said bonds then outstanding in the manner pro• vided by the laws of the State of Iowa for the enforcement' and fore- closure of chattel mortages and it is hereby specifically agreed with each holder of any of said bonds that the improvements and ex- tensions acquired through the is- suance of the revenue bonds here- by authorized shall be and remain chattels and never be regarded as fixtures or become a part of the real estate upon which located, even though attached thereto. The City Clerk is hereby authorized and directed to file a certified copy of this resolution in the office of the County Recorder of Dubuque County and cause the same to be there duly recorded for the purpose of evidencing such lien and giving notice of the record thereof. Section 9. The bonds hereby authorised and from time to time outstanding shall not be entitled to priority or preference one over the other, in the application of the net earnings of said municipal waterworks or with respect,to the pledge of the property securing their payment, regardless of the time or times of the. issuance of such bonds, it being the intention that there shall be no priority among the bonds authorized to be issued under this resolution re- gardless of the fact that they may 364 Special Session, May 14, 1952 have been actually issued and de- livered at different times. Any other bonds or obligations here- after issued or incurred which are payable from the net revenues of said municipal waterworks plant and system shall be subject to the priority of any of the Water Reve• nue Bonds referred to in the pre• amble hereof which are then out- standing and to the priority of the bonds then outstanding under the provisions of this resolution; pro- vided, however, that said City of Dubuque hereby reserves the right and privilege of issuing additional bonds from time to time payable from the same source and ranking on a parity with the Water Reve- nue Bonds hereinafter referred to and on a parity with the bonds herein authorized or permitted to be issued as may then outstanding, in order to pay the cost of future improvements and extensions to said waterworks, but only ff the officially reported net revenues of said waterworks for the last pre- ceding calendar or fiscal year prior to the issuance of such ad- ditional bonds was equal to at least one and one-#ourth times the total of (1) the maximum amount of principal and interest that will be- come due in any calendar year on the Water Revenue Bonds herein- before referred to and the bonds herein authorized then outstanding and (2) the maximum amount of principal and interest falling due in any calendar year prior to 'the last year io which any of said outstanding Water Revenue Bonds or bonds issued pursuant to this resolution mature on the addit- ional bonds then proposed to be issued, and provided also that the interest payment dates for any such additional bonds shall be semiannually on June 1 and De• cember 1 of each year, and the principal maturities of such ad- ditional bonds shall be on Decem- ber 1 of any year in which any of such principal is scheduled to be- come due. The term "net revenues" is de- ~ fined as gross revenues, less operating expenses which shall in- i chide salaries, wages, cost of main- tenance and operation, materials, and supplies, pumping cost, and insurance, as well as all other items as are normally included under recognized accounting prac- tices, but shall not include allow- ances for depreciation in the value of physical properties. Section 10. The City of Dubuque agrees that so long as any of the bonds hereby authorized remain outstanding it will maintain in• surance for the benefit of the holders of the bonds issued here- under of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business and that it will keep proper books or record and account, separate from all other records and .account, show- ing the complete and correct en- tries of all tranactions relating to said waterworks, and that the holders of any of said bonds shall have the right at all reasonable times to inspect the system and all records, accounts and data of the said City relating thereto. Section 11. The provisions of this resolution shall constitute a con• tract between the City of Dubuque and the holders of the bonds here- in authorized to be issued as may from time to time be outstanding and after the issuances of any of said bonds, no change, variation or alteration of any kind of the pro- visions of this resolution shall be made until all of said bonds issued hereunder and interest thereon shall have been paid in full. Section 12. )f any section, para- graph, clause or provision of this resolution be held invalid, such invalidity shall not affect ~ any of the remaining provisions hereof, and this resolution shall become effective immediately upon its pas- sage and approval. Section 13: That all resolutions or orders or parts thereof in con- flict herewith be and the same are hereby repealed to the extent of such conflict. Introduced May 5, 1952. Special Session, May 14, 1952 365 Passed and approved May 14, 1952, RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded May 15, 1952. 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, Welu. Nays-None. Absent-Councilman Schueller. Notice of Claim of Mrs. Pearl Skelton in an unstated amount for injuries received in a fall in Allcy between Jackson and White Streets at 19th Street, presented and read. Councilman Kintzinger moved that the Notice of Claim be re- ferred to the City Solicitor for in• vestigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. Communication of Memorial Day Parade Committee extending in- vitation to the Mayor and Mem- bers of the City Council tb par- ticipate in the Memorial Day Pa- rade, presented and read. Councilman Welu moved that the invitation be accepted. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. May 12th, 1952 To the Honorable Mayor and City Council Members. Dear Sirs: The members of the Central Avenue Business District Council wish to express their thanks and appreciation for the prompt snow removal this past winter season. They also want to thank your Honorable Body for the placing of the green arrow light at the south- west corner of 4th and Central Avenue, Very truly yours, Wm. F. VanderMeulen, Secy. Councilman Welu moved that the communications be received and made a matter of record. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. Communication of Triple Tite Construction Co. advising that their quarters are already established at 299 South Main Street and are to be their permanent quarters and that they intend to make the Du- buque office a permanent part of their organization, presented and read. Councilman Welu moved that the communication be referred to the City Solicitor. Seconded by Coun- cilman Kintzinger, Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. Dubuque Chamber of Commerce Dubuque, Iowa May 8th, 1952 Honorable Ray Kolb, Mayor, Members of the City Council, Mr. Laverne J. Schiltz, City Manager. City Hall, Dubuque, Iowa. Gentlemen: Members of our Board of Direc- tors, during their last meeting, were generous in their praise of the efficient manner in which the City was cleaning the streets. They also complimented the City on its snow removal work during the past winter. Following the discussion, I, as Secretary, was requested to write this letter and express their senti• ments to you. Sincerely yours, M. S. Engelbrecht, Executive Secretary. ~~~~~ ~ ~~~~~~ ~ ~~; x i'1I~ ~~~li ',', ~{Ihl ~ ly;ll,b ip ~~Il , ' ~I ~'~~~I ~' I~'. IIE~ i ~, fi k~'' j~. ,, ~rll ~II~ sr !~ ;i r, I,i ~~ ~ ,~j i '~ I' ~ ~~ ,,"~ { ICI III ~. 366. Special Session, May 14, 1952 Councilman Welu moved that the communication be received and made a matter of record. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. Petition of Thomas E. Nacos re- questing Council consideration in granting him a refund on the un- expired portion of his Cigarette Permit, which permit was mis- placed or destroyed, 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 $25.00 in favor of Thomas E. Nacos to cover the amount of refund granted on the unexpired portion of his Cigarette Permit. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent Councilman Schueller. Petition of Max Blum requesting permission to install curb and gut- ter in front of his property at 1044 Kirkwood Street at no cost to the City and under City supervision, presented and read. Councilman Welu moved that the request be granted. Seconded by Councilman Austin. Carriod by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. AbsentCouncilman Schueller. Petition of Leo J. Eisbach and others, property owners in the vicinity of West 28th and Broadway Strcets, requesting the rezoning of the area east of Broadway and south of West 28th Street from its present single family residence district classification to two fam- ily residence district classification, presented and read. Councilman Austin moved that the petiticn ba referred to the Planning and Zoning Commission for their recomntelldation and re- port. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, I{itltzinger, Welu. Nays--None. Absent--Councilman Schueller. Blasting Bond of M. L. Gabor & Company in the amount of $5,000.00 presented for approval Councilman Austin moved that the bond be approved and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. NOTICE OF CONDEMNATION To Henry F. Feye Florence Feye Carl Feye N. J. Loss Estate, Dr. A. ]t. Loss. You are hereby notified that the City Council has declared the building located at the rear of premises known as 878 Central Avenue and situated in parts of City Lot 289A and City Lot 290A in the City of Dubuque, Iowa, a nuisance and orders it torn down on or before the 7th dap of July, 1952. Attached is a copy of the Resolution 241-52 adopted by the City Council on the 5th day of May, 1952. By Order o! the City Connell Donald J. Bandy, Btdld111g C0m161SS10lTler. State of Iowa ~ County of Dubuque This is to certify that I served a copy of the above notice upon Henry F. Feye, Florence Feye, Carl Feye, N. J. Loos Estate, Dr. A. M. Lees this 9th day of May, 1952. Donald J. Bandy $uilding Commissioner. Subscribed and swore before me Geraldi~ I,. Jenni, a Notary Pub- lic in and for Dubuque County, State of Iowa, on this 9th day of May, 1952. (SEAL) Geraldine L. Jenni, Notary Public in and for Dubuque County, Iowa. Special Session, May 14, 1952 367 Councilman Austin moved that the Return of Service be received and made a matter of record. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Weln. Nays-None. Absent-Councilman Schueller. ORDINANCE N0. 2D-52 An Ordinance designating the alley lying between St. Ambrose Street and Bunker Hill Street and abutting the north boundary of Finley Addition as a street to be known as Fairway Drive and widening the same, and subdividing Lot 2 of 1 of Mineral Lot 265 to provide for such widening, pre-' soured and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinancr,. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. 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 Kolb, Councilman Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. ORDINANCE ND. 20.52 An Ordinance designating the alley ] ing between St. Ambrose Street and Bunker Hlll Street and abutting the north boundary of Finley Addition as a street to be known as Fairway Drive and widening the same, and eubdivld(ng Lot 2 of 1 of Mtneral Lot 255 to provide for the such widening. Whereas the City Engineer has submitted a plat showing a proposed widening oY the alley abutting the north boundary of Finley Addition between Bunker Hill Street and St. Ambrose Street by subdividing Lot 2 of 1 of Mineral Lot 265 to provide an additional 10' strip on the north aide thereof and by including the north 15' of Lota 15 to 83 tnclueive oP Finley Addition on the south aide thereof; and Whereas the Clty Council is of the opinion said plat should be approved; Now Therefore Be It Ordained by the City Council of the Clty oY Du- buque: 1 That said plat ie hereby approved and the Mayor and City Clerk authorized to endorse said approval thereon. 2. That hereafter said alley ehan be designated a street 50' in width and shall hereafter be known as Fairway Driv®. 3. That the Ctty Clerk to hereby authorized and dlrerted to Y11e a cer- tified Dopy of this Ordinance with the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 14th day of May 1952. Ray P'. Kolb Mayor Clarence P. t'Fele Ruben V. Austin Charles A. Kintzinger Councilmen Attest: J. J, Shea, City Clerk. Published offictaliy in the Tele- graph-Herald newspaper this 19th day of May, 1952. City Clerk. lt. May 19 J. J. Shea 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, Welu. Nays-None. Absent-Councilman Schueller. May 7, 1952 Hon. Mayor and Members of the City Council, Dubuque, Iowa, Gentlemen: On November 18, 1951 Loretta Kruse was injured by a fall on some rocks on the sidewalk abut- ting the Standard Oil Company Gas Station at Second and Locust Streets and she thereafter filed her claim against the City for her injuries. On Febraury B, 1952 a settlement was entered into in which the American Surety Com- pany and the City of Dubuque paid Mrs. Kruse $352,85, and received an assignment of her claim against the Standard Oil Company, The City paid $176.33 as its share of this settlement. An agreement has now been en• tered into in which the Standard Oil Company has agreed to pay $176.33 in full settlement of this claim and the American Surety Company has agreed that the full amount of the settlement may be paid to the City. I therefore recommend that this agreement be approved and that the Mayor and Clerk be authorized to execute a release on behalf of the City upon the payment of $176.33 by the Standard Oil Com- pany. Sincerely, T. H. NELSON, 368 Special Session, May 14, 1952 Councilman Welu moved that the recommendation of City Solicitor Nelson be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. AbsentrCouncilman Schueller. May 14, 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: TAXI-CABS Black & White, Yellow & Checker Cab Co., Inc., 410 Eighth Avenue, Policy No. LAC 3-2640, Fireman's Fund Indemnity Co. Respectfully submitted, L. J. SCHII.TZ, City Manager. Councilman Welu moved that the Policy be approved and placed on file. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmeu Austin, Kintzinger, Welu. Nays-None. Absent--Councilman Schueller. May 14, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I recommend that Thos. C. Hick- son, Fire Chief, be authorized to attend the Iowa Fire School at Ames, Iowa on May 20th to 23rd and the Missouri Valley Fire Chiefs' Association meeting at Far- go, North Dakota on June 2nd to 4th. 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, Welu. Nays-None. Absent-Councilman Schueller. May 14, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of George Oertel and others requesting that a street grade be established on Edith Street between Brunswick Street and Elbow Street was referred to the City Council to view the grounds. The decision of the Council was to refer the petition to the City Engineer to establish a street grade and I recommend that the decision of the Council be con- firmed. 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 Kolb, Councilmen AustiQ, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. May 14, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council sold Lot 2 of Lot 1 of Mineral Lot 145 to Arthur Witherall and according to the plat book this parcel of property extends 137.1 feet along Grandview Avenue from Dodge Street. Mr. Witherall has had the prop- erty surveyed and in checking the records finds that a small tri• angular parcel of property, Lot 43 of Sisters Addition, extending 37.1 feet east of Dodge Street and 185.4 feet along Dodge Street is part of the property sold by the City of Dubuque to him. It was assumed that all of the property owned by the city on this corner was sold to Mr. Witherall and I recommend that this parcel be deeded to him to complete' our agreement in good faith. Respectfully submitted, L. J. SCHILTZ, City Manager. Special Session, May 14, 1952 369 Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent--Councilman Schueller. May 14, 1952 To the Honorable Mayor and City Councll, Dubuque, Iowa. Gentlemen: Before any action was taken on the approval of the sale of real estate by the County Board of Supervisors at less than the total tax the Council viewed the grounds. The decision of the Council was to approve the sale of Lots 19 and 20 of Quigley's Sub. at the bid price of $430.00 provided that all special assessments against the lots were paid in addition to the bid price and that the purchaser agrees that the city will not con- struct astorm sewer through the property at city expense. The decision of the Council was to approve the sale of Lot 40 of Marsh's Addition located at North Main Street for $75.00. I recommend that the decision of the City Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. May 14, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council requested that study and recommendation be made on parking conditions be- tween 12th and 14th on White Street, also on 13th Street between Central and White. The area on 13th Street between Central Avenue and White Street would be used by short term pork- ers if it is restricted. This area has 17 parking spaces and there was a rapid turn-over where space was available. The area between 12th and 14th on White Street is a residential area and parking is not restricted; however, restricting parking in this area would force parking into an- other area and create a new prob- lem there. In this area about half the parked cars were parked less than two hours. It would seem that nothing would be gained by restricting parking in this area. I recommend that parking be re- stricted on 13th Street between Central Avenue and White Street to a two hour limit. 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 Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. May 14, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted for your ap- proval is Mississippi Heights Sub• division located at the end of Mt. Loretta Avenue. This subdivision had final ap• proval of the Planning and Zoning Commission May 13, 1952. Yours truly, Dubuque Planning and Zoning Commission By: R. V. McKAY, Secretary. Councilman Austin moved that the communication of the Planning and Zoning Commission be re- ceived and made a matter of record. Seconded by Councilman ~'~ '~~~1 I'I '~'~'I ~'~~!'~ ~. ~ ~,~~~ ~ i~~~ ~~, ,~ ~, ~~~~' M~ !%J~~ n ,, ''~ h i~ 'i 3 ~ti i P'Iq i~' ?IF ~'. I i~ l `' ~' ;,' i i, 6 ,~ ~I s, li„il I~ 1 u a , ~'~'I ~~: ^;t,p E C.,FI i~l i ~~'I 370 Special Session, Welu. Carried by the following i vote: Yeas-Mayor Kolb, Councilmen '~, Austin, Kintzinger, Welu. ', Nays-None. Absent-Councilman Schueller. RESOLUTION N0. 291-52 Whereas there has been filed ~', with the City Clerk a plat in which ', Lot 2 of Lot 1 of Lot 1 of Lot 3 of Randall Subdivision in the City ', of Dubuque, Dubuque County, ', Iowa, is plated as "Mississippi Heights," ', a Subdivision in the City of Du• ', buque, Iowa; and Whereas said plat has been ex- amined by the City Plan Commis- sion and had its approval en- dorsed thereon; and Whereas upon said plat appear two streets designated "Missis- sippi View Drive" and "McLenan Street," which the owners have upon said plat dedicated to the public forever; and Whereas said plat has.been ex• amined by the City Council and they find that the same conforms to the Statutes and Ordinances re- lating thereto except the said streets have not been reduced to grade and surfaced and sewers installed; and Whereas the City Council is of the opinion that said streets should be redaced to grade and surfaced with 6" concrete paving, and proper storm and sanitary sewers installed on or before November 1, 1953; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That the dedication of "Mississippi View Drive" and "McLenan Street" upon the p}at of "Mississippi Heights" Subdi- vision be and the same are hereby accepted for the purpose for which they are thus dedicated; Section 2. That the plat of Lot 2 of Lot 1 of Lot 1 of Lot 3 of Randall Subdivision in the City of Dubuque, Dubuque County, Iowa which will hereafter be known as Mississippi Heights Subdivision containing Lots 1 to 26 inclusive May 14, 1952 be and the same is hereby ap- proved and the Mayor and Clerk are hereby authorized sad directed to endorse the appmvaf of the City upon said plat provided; That fire owners of said prop- erty, M. S. O1ansky and Arthur Trausch, execute the written ac- ceptance attached hereto agreeing: (1) To reduce said streets to grade; (2) To surface said streets with six inch concrete pavement; (3) To install proper storm and sanitary sewers; {4) To file a surety bond in an amount to be determined by the City Manager guaranteeing the performance of Items 1, 2, and 3 of this paragraph, in accordance with plans and specif'~ations ap- proved by the City Manager, prior to November 1, 1953; Passed, adopted and approved this 14th day of May, 1952. RAY F. KOLB, Maya~r. CLARENCE P. WELU, RUBEN V. AUSTIPI, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. ', ACCEPTANCE OF RESOLUTION N0.291-62 Arthur Trausch and Lillian A, I, Trausch his wife, and M. B. Olan• sky and Mrs. M. B. Olansky his I~ wife, with fuIl knowledge, and understanding of all the terms and conditions of Resolutien No. 291-52 hereby accept the same as adopted and agree to abide by, comply with and carry out all the terms and conditions thereof. Executed this 16th day of May, 1952. Arthur Trausch-Lillian A. Trausch M, B Olansky-Mrs. M. B. Olansky OWNERS Councilman Welu moved the adoption of the resolution: 5ec• onded by Councilman Austin. Car- ried by the following vote; Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None, Abs~~-Councilman Schueller. n Special Session, May 14, 1952 37I Dubngne, Iowa May 15, 1952 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the,provisions of the Code of Iowa, the Civil Service Commission conducted an emrance examination on April 22, ]932 for those seeking positions on the Police Department. The following are the names of those who passed the written ex• smination with an average of 70% as better and have also passed their physical examination. The following are the names of those who passed the written ex- amination with an average of 70% or better and have also passed their physical examination, Name Average Gerald J. Blaser 88%n MarceIlus J. Pottebaum 86 2/3%n Donald G. Herburger 79% David E. Rainey 76% Robert E. Walker 70 2/3% Mark P. Anglin 70% Respectfully submitted, C. S. HARKER, LOUIS J. LAGEN, Commissioners. Attest: J. J. SHEA, City Clerk. Subscn'bed and sworn to before me a Notary Public this 13th day of May, 1952. (Seal} GEAALDINE L. JENNI, Notary Public. Councilman Welu moved that the report of the Civil Service Com- mission bere~eived and made a matter of record. Seconded by Councilman Kintzinger. Carried by tbe following vote: Yeas-Mayor Kalb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilman Schueller. Name Average John W. Linden 96% Wm. L. Johaningmeier 85 1/3% Daryl F. Maurer 85 1/3% James C. Martin 82 2/3% Ralph R. Cigrand 76 2/3% Donald E. Voss 75 2/3% James L. Simpson 72 2/3% Respectfully submitted, C. S. HARKER, LOUIS J. LAGEN, Commissioners. Attest: J. J. SHEA, City Clerk. Subscribed and sworn to before me a Notary Public this 13th day of May, 1952. (Seal) GERALDINE L. JENNI, Notary Public. Councilman Austin moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Welu. Carried by the foUawing vote: Yeas--Mayor Kolb, Councilmen Austin, Hiatzinger, Welu. Nays-None. Absent-Counciiiaan 5chneIler. Dubuque, Iowa May 13, 1952 Ta the Honorabit Mayor sad Members of the City Council City of Dubuque, Iowa. Gentlemen: In accordance with the provisions of the Code of Iowa, il50, the Civil Service Co~nissian con- ducted as entrance examination on April 22, 1962 #or those seeking positions on the Fire Department. (Orderir-g Construction) RESOLUTION N0. 243-62 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 171-52 which was duly passed by this Council, for the improvement of Argyle Street with curb and gutter from the north property line of Lowther Street to the sout4 property line of GroveIand Place be and the same are hereby ordered and con- strutted by this Council upon the petition of property owners. Al the work shalt be constructed in ac- cordance with the plans and spec- ifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cyst acid expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from ,:%.i ~;i `?iI~ 'c ~~~~ 372 Special Session, May 14, 1952 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 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 de- ferred 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 pro• vided by law, the said improve- ments shall be completed on or before 12 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 adoption this 5th day of May, 1952. Passed, adopted and approved this 14th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A, KINTZINGER, 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, Welu. Nays-None. Absent-Councilman Schueller. (Ordering Construction) RESOLUTION N0. 245-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 174-52 which was duly passed by this Council, 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 and the same are hereby ordered and constructed by this Council upon the petition of prop- erty owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the 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 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 de- ferred 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 ordered and directed to advertise for pro- posals for the construction of the various improvements herein pro- vided for in the manner provided by law, the said improvements 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 adoption this 5th day of May, 1952. Passed, adopted and approved this 14th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Special Session, May 1'4, 1952 373 CouncIlman Austin moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the fallowing vote: Yeas-Mayor Kolb, Councilmen Austin, I{intzinger, Welu. Nays-None. Absent-Councilman Schueller. (Ordering Construction) RESOLUTION N0. 241-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 177-52 which was duly passed by this Council, 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 be and the same are hereby ordered and constructed by -this Council upon its own mo- tion without the petition of prop- erty owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost of the said improvements be paid for by levying special assess• meats 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 bene- fits conferred, and any deficiency will be paid out of the street im- provement funds of the city. 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 far 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 24 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 adoption this 5th day of May, 1952. Passed, adopted and approved this 14th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, 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, Welu. Nays-None. Absent-Councilman Schueller. (Ordering Construction) RESOLUTION N0. 2492 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. SSQ~2 which was duly passed by this Council, for the improvement of Rider Street with curb and gutter from the west property line of South Grandview Avenue to east property line of Perry Street be and the same are hereby ordered and constructed by this Council upon 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 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 of the city. Payment will be made to the contractor out of funds ~4 `~' .: ~' ,; r § I~ Ic 'x?, 374 Special Session,. May 14, 1952 realized from the sale of bonds tiD be issued m anticipation of de• ferred payments of assessments as provided by law after the wort 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 t4 advertise for proposals for the coostruction 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 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 adoption this 5th day of May, 1952. Passed, adopted and approved this 14th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resoluton. Sec- onded by Councilman Weln. Car- ried by the following vote: Yeas.-Mayne Kolb, Councilmen Austin, Kintxiager, Weln. Nays-None. Absent-Councilman Schueller. (Ordering Construction) Resolutior+ No 251.52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resoluton of necessity No. 183-52 which was frig passed by dhis Council, far tyre improvement of Whelan Street with curb and gutter from the east proporty line of Bradley Street ~ the west property )ire of 3outk Grandview Avenue be and the same are hereby ordered atxi constructed by this Council upon the petition of property owners. 9r11 toe work shall be constructed in accordance with toe glans and specifications heretofore adapted and noa- on Ellen the office o[ the City Clerk. Be Ft Further Resolved that the cost aed expense of the said im- provements be paid for by levying special assessments against the privately Awned property lying within the assessable distance from the improvements, whether such property abet upon the same or are adjacent thereto, according to the area thereof and in pro- portion to the speaal benefits con ferred and a~ 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 contractor out of funds realized from the sale of bonds to be issued in anticipation of deterred payments of assess- ments as provided by law after the wort has been competed aed accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and direMed 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 8 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 adopton by the City Council. Approved and placed on file for final adoption this 5th day of May, 1952. Passed, adopted and approved this 14th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adopton of toe resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kolb, Ceuneilmen Austin, Kintzinger, Welu. Nays-None. Agent-Councilman Schueller. .• Special Session, May 14, 1952 375 (Ordering Construction) Resolution No. 253.52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 1~6--52 which was dulp passed by this Council, for the construction of an eight (9) inch vitrified tie sanitary sewer in Apple Street from the present manhole in Ruah Street to 210 feet north be and the same are hereby ordered and construted by this Council apon the petition of prop- erty owners. AR the work shall be constructed in accordance with the plans and apecificatons heretofore adapted and now ~ file in the ogice of the (sty 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, accord- ing to the area thereof and m pro- porton to the special benefits con- ferred, and any deficiency will be paid out M the sewer foods of the city, or partly from each of Bach funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued to antcipation 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 the City Clerk be and he is hereby ordered and directed to advertse for proposals for the constructor 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 14 calendar days after notce to proceed is issued. Be It Further Resolved that this resoluton being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adopton by ' toe City Council. Approved and placed on file for final adoption this 5th day of May, 1952. Passed, adopted and approved this 14th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, 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, Welu. Nays-None. Absent-Councilman Schueller. (Ordering Constroctlon) RESOLUTION N0. 2552 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resoluton of necessity No. 159-52 which was duly passed by this Council, for the constructor of a 12 inch sani- tary sewer in Kaufman Avenue from the existing manhole opposite the southeast corner of Lot 45 in Burton's Addition; thence north westerly 47 feet at angle of 45 degrees from existing sewer line to north property line of Kaufman Avenue; thence westerly along north property line of Kaufman Avenue a distance of 794 feet; thence south a distance of 6Z feet across Kaufman Avenue with 8 inch sewer line be and the same are hereby ordered and constructed by this Council upon pettion of property owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. Be It Farther Resolved that the cost and expense of toe said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance frog toe improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proporton to the special benefits conferred, and any deficiency will be Aoki out of the sewer funds of toe city. Payment will be made to the con• 376 Special Session, May 14, 1952 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 30 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 adoption this 5th day of May, 1952. Passed, adopted and approved this 14th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A, KINTZINGER, 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, Welu. Nays-None. Absent-Councilman Schueller. (Ordering Construction) RESOLUTION N0. 251-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 234-52 which was duly passed by this Council, for the improvement of Bradley Street with curb and gutter from the north property line of Henderson Street to a point 816 feet north be and the same are hereby ordered and constructed by this Council upon 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 proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement 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 de- ferred 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 adoption this 5th day of May, 1952. Passed, adopted and approved this 14th day of .May, 1952. RAY F. KOLB, Mayor, CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. I{INTZINGER, Councilmen. Atest: 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, t<ouncilmeu Austin, Kintzinger, Welu. Nays--None. Absent~Councilman Schueller. ~' ~~ r Special Session, May 14, 1952 377 (Ordering Construction) RESOLUTION N0. 269~i' 2 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 237-52 which was duly passed by this Council, for the improvement of Pearl Street with curb and gutter from east property line of O'Hagen Street to west property line of McCormick Street be and the same are hereby ordered and- constructed by this Council upon its own motion and with or without the petition of prop- erty owners., All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the 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 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 assessments as pro- vided 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 be• fore 14 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 adoption this 5th day of May, 1952. Passed, adopted and approved this 14th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, 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, Welu. Nays-None. Absent-Councilman Schueller. (Awarding Contract) RESOLUTION N0. 262-52 Whereas, proposals have been submitted by contractors for the General Contract of remodeling of 18th Street Fire Engine House pursuant to Resolution No. 51-52 and Willy Construcion Co. of Du- buque, Iowa 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 Willy Construction 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 be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on May 5th, 1952. Passed and adopted this 14th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. HINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. i ~~: y ,` ~ w ,~, y~ ~I 4 ,'y ~~ i '~,,~;'I I 378 Special Session, May 14, 1952 Councilman Weiu moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Weln. Nays-None. Absent Councilman Schueller. (Awarding Contract) RESOLUTION N0. 263--52 Whereas, proposals have been submitted by contractors for the Plumbing, Heating and Ventilation work on remodeling of the 18th Street Fire Engine House pursuant to Resolution No. 51-52 and Curtis- Straub Company of Dubuque, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Curtis-Straub 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 Counc>7. Approved and placed on file for one week on May 5th, 1952. Passed and adopted this 14th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, 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, Welu. Nays-None. Absent.--Councilmen Schueller. (Awarding Contract) RESOLUTION N0. Zb4~-52 Whereas, proposals have been submitted by contractors for the Electrical work on remodeling of the 18th Street Fire Engine Housc pursuant to Resolution No. 51--52 and United Electric Company of Dubuque, Iowa 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 bq the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to United Electric Company of Dubuque, Iowa and the Manager be and he is hereby directed to execute on behalf of the City of Dubuque for the complete perform- ante 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 f~7e for one week on May 5th, 1952. Passed, and adopted this 14th day of May, 1952. RAY F. ROLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, 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, Welu. Nays-Nays. Absent-,Councilman Scbueller. Councilman Itintsinger moved that the Mayor be .authorized to address a letter to the Girl Scouts commending them for their work in the distribution of "Keep Your City Clean" booklets. Seconded by Councflman Welu. Carried by the following vote: Yeas-Mayor Koib, Councilmen Austin, Kintzinger, Weht. Nays-None, Absent-Councilman Schueller. is L, ~~ r r Special Session, May 14, 1952 379 There being no farther business Councilman Welu moved to ad• )OUrn. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Welu. Nays-None. Absent-Councilmen Schueller. J. J. SHEA, City Clerk. Approved 1952 Adopted 1952 Councilmen ................................».... Attest :.................................................... City CIerY II, iii ~'', III ~,, f l~ i,~~V ,. 380 Special Session, May 20, 1952 City Council (OFFICIAL) Special Session May 20th, 1952. Council met at 7:30 P,M. Present-Mayor Kolb, Council- men Austin, Kintzinger, Schueller, Welu. City Manager Schiltz. Meeting called by order of Coun- cilman Welu and Kintzinger. Mayor Kolb read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of levying a special assessment for the improve- ment of Finley Street with curb and gutter from the south property line of University Avenue to the north property line of West Street and acting on any other business as may properly come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and inten- tion of the City Council to issue bonds for the improvement of Fin- ley Street with curb and gutter from the south property line of University Avenue to the north property line of West Street, pra- sented 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 proofs of publication be received and filed. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS REOLUTION N0. 292-52 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improving of Finley Street from the south property line of University Avenue to the north property line of West Street, K-M Construction Company contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: John E. & Evelyn Kringle, Lot 15 Finley, Waples, Bur- ton's Add . ............................ 9.80 Mary J. Wade, Lot 18 E. ~Z Finley, Waples, Burton's Add ....................................... 8.72 Andres F. Rohe, Lot 16 W.'~ Finley, Waples, Burton's Add ....................................... 11.45 Bertha Hird, Lot 17 Finley, Waples, Burton's Add..... 44.68 Sadie Luke, Lot 18 Finley, Waples, Burton's Add....... 101.77 Sadie Luke, Lot 19 Finley, Waples, Burton's Add, ...... 324.08 Stanley G. & Marg't M. Hat- ton, Lot 20 Finley, Waples, Burton's Add ..................... 321.84 Phillip A. & Mary Geitz, Lot 21 Finley, Waples, Burton's Add . .................... 101.77 Joseph E. & Mae F. Bush• man, Lot 22 Fin 1 e y, Waples, Burton's Add..... 44.68 Joseph E. & Mae F. Bush• man, Lot 23 Fin 1 e y, Waples, Burton's Add....... 18.76 Belle McDonough, Lot 24 Finley, Waples, Burton's Add ....................................... 1,23 Mordecai T. & Arella Mez- rich, Lot 46 Finley, W aples, Burton's Add ..................... 288.86 Aloysius F. & Helen Schroe- der, Lot 47 Finley, Waples, Burton's Add ..................... 308.07 Mettel Realty & Inv. Co., Lot 48 Finley, Waples, Burton's Add ..................... 81.92 Grace B, Lewis, Lot 49 Fin- ley, Waples, Burton's Add. 2.86 Otto & Marie C. Schmitt, Lot 76, Finley, Waples, Burton's Add ..................... 20.17 Robt. F. & Adele M. Clem- ens, Lot 1 of Lot 77 Fin- ley, Waples, Burton's Add. 23.13 Mettel Realty & Inv. Co. Lot 2 of Lot 77 Finley, Waples, Burton's Add..... 21.55 Mettel Realty & Inv. Co., Lot 1 of 1 of Lot 78, Fin- ley, Waples, Burton's Add. 56,89 Fred H. & Margaret A. Humke, Lot 2 of Lot 78 Finley, Waples, Burton's Add ....................................... 30.82 Special Session, May 20, 1952 381 Robt. F. & Adele M. Clem• ens, Lot 2 of 1 of Lot 78 Finley, Waples, Burton's Add ....................................... 14,11 Mettel Realty & Inv. Co. Lot 1 of Lot 79, Finley, Waples, Burton's Add..... 90.64 Fred H. & Margaret A. Humke, Lot 2 of Lot 79 Finley, Waples, Burton's Add .............:......................... 138.75 Mildred C. Koenig, Lot 80 Finley, Waples, Burton's Add ....................................... 308.07 Clarence Kaune, Lot 81 Fin- ley, Waples, Burton's Add. 101.79 Annas A. & Thelma J. Oak- ley, Lot 82 Finley, Waples Burton's Add ..................... 44.68 Mettel Realty & Inv. Co., Lot 83 Finley, Waples, Burton's Add ....................... 20.18 Irwin & Ethel N. Jones, Lot 83 Finley, Waples, Bur- ton's Add. .... 20.18 Irwin & Ethel N. Jones, Lot 105, Finley, Waples, Bur- ~. ton's Add ............................. 44.68 Melvin C. & Dorthy Brad- ley, Lot 106, Finley, Wap- les, Burton's Add ............... 101.77 Melvin C. & Dorothy Brad- ~' ley, Lot 107 N. 40, Fin- ~`~ ley, Waples, Burton's Add. Lillien Eustice, Lot 107 5. 79.69 105' Finley, Waples, Bur- ton's Add ........................... 228.39 Jos. T. & Virginia D. Meyer, Lot S. 125' Finley, Waples, Burton's Add ..................... 249.05 ' Grace V. Jaeger, Lot 108 N. 20' Finley, Waples, Bur- . ton's Add . .......................... 39.85 Grace V. Jaeger, Lot 109, N. 20' Finley, Waples, Bur- ` ton's Add ............................. 14.03 Wm. A. & Rita J, Rieser, Lot 109 S. 125' Finley, Waples, Burton's Add..,.. 87.71 George Spensley, Lot ll0 Finley, Waples, Burton's Add ....................................... 44,68 Francis J. & Bertill Hines, Lot 111 Finley, Waples, Burton's Add ..................... 20,18 Lloyd W. & Hilda N. Luke, Lot 132 Finley, Waples, Burton's Add ..................... 20.18 George Spensley, Lot 133, Finley, Waples, Burton's ~; Add ....................................... 44.68 Grace V. Jaeger, Lot 134, Finley, Waples, Burton's Add ....................................... 101.77 Grace V. Jaeger, Lot 135, Finley, Waples, Burton's Add . ...................................... 307.43 Violet Bechtel, Lot 9 East St. Sub . ................................ 40.58 James K. & Bette S. Burch, Lot 10 East St. Sub...,..... 207.13 Wm. & Mamie Lammer, Lot 43 Finley, Waples, Bur- ton's Add ............................. 1.36 Wm. & Marie Lammer, Lot 44 E. 42' Finley, Waples, Burton's Add ..................... 18.94 Wm. & Marie Lammer, Lot 44 W. 18' Finley, Waples, Burton's Add ..................... 18.23 Wm. & Marie Lammer, Lot 45 Finley, Waples, Bur- ton's Add ............................. 101.78 4,333.51 1,433.3 Lin. Ft. of combina- tion Curb & Gutter @ $2.50 ....................................3,583.25 108 Lin. Ft, of Radius Curb & Gutter @$3.00 .............. 324.00 25.55 Sq. Yds. of Driveway Concrete @ $6.00 ................ 153.30 4,060.55 Extra Expense of 6% ,..... 243.63 5% Int. for 52 days ...,........ 29.33 4,333.51. All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 20th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: 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. Nsys-None. ~g2 Special SeS310n, Proofs Of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds in the amount of $4,333.51 for the pur- pose of providing for the payment of the assessed cost of improving Finley Street with curb and gutter from the south property line of University Avenue to the north property line of West Street, pre• seated and read. No written objections fffed and no objectors present io the Council Chamber at the time set for said hearing. Councilman Austin moved that the proofs of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Rintzinger, Schueller, Welu, Nags-None. RESOLUTION N0. 293-52 Resolution providing for the is• nuance of Improvement bonds for the purpose of providing for the payment of the assessed cost of concrete curb & gutter on Finley Street. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the concrete curb & gutter hereinafter described has been completed and the City Man- ager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $4,333.51 Dollars of the cost thereof shall be assessed against the property subject to assessment thereof; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in• tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed coat of said improvement and a public hearing has been held, pur- suant to such notice and all ob• jections made thereto have been considered and determined; Now Therefore Be It Resolved by the City Council of the City of Dubuque: May 20, 1952 1. That to provide for the pay meat of the assessed cost of im- proving Finley Street from the ~~ south property line of University Avenue to the North property line of West Street there shall be issued improvement bonds in the amount of $4,333.51 Dollars in anticipation of the deferred payment of assess• meats levied for such improvement. 2. Such bonds shall be called improvement bonds; and shall bear the date of June 19,1952; and shaII be numbered consecutively; and they shall be numbered, divided in- to series, and be in such denomina• lions and for such maturity dates as are shown in the following table: 1 5024 $300.00 April 1, 1953 2 502b $300,00 April 1, 1954 3 5020 $300.00 Aprll 1, 1955 4 5027 $300,00 April 1, 1956 5 5028 $300.00 April 1, 1957 6 5029 $300.00 April 1, 1958 7 5030 and 5031 $300.00 each April 1, 1959 8 5032 and 5033 $300.00 each April 1, 1960 9 5034 and 5035 $300.00 each April 1, 1961 10 5036 and 5037 $300.00 each April 1, 1962 10 5038 $133.51, April 1, 1962 3. Said bonds shall bear interest at the rate of 5 per cent per annum, payable semi-annually in accord- ance with coupons thereto atached; 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in subtan- tially the following form: No ............................... Series No ........ . .. . ..... . ..... . City of Dubuque Improvement bond The Clty of Dubuque in the State of Iowa promises t0 pay as here- inafter mentioned to the bearer hereof, on the first day of........ , , ........ . ..... or at any time be- fore that date, at the option of the City of Dubuque, the sum of Three Hundred dollars with interest there• on at the rate of 5 per cent per an- Special Session, num, payable semi-annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa, This bond is issued by the City under and by virtue of Chapter 396 of the ]950 Code of Iowa, as amended, and the Resolution of said City duly passed on the 20th day of May, 1952, being Resolution No........., i This Band is one of a series of 15 '' bonds, 14 for $300.00 numbered from 5024 to 5037 inclusive, and one for $133.51 numbered 5038, all of like tenor and date, and issued for the purpose of improving Finley Street with curb and gutter as de- scribed in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property, It is payable only out of the Special Assessment Fund No. .1035 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, pre• ` cedent to and io issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Testimony Whereof the City of Dubuque by its Council has caused this bond to be signed by its Mayor end countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 19th day of F " June, 1952. t jI Mayor City Clerk (SEAL) (Form of Coupon) On the........day of .........., the City of Dubuque, Iowa promises to pay bearer, as provided in said May 20, 1952 383 bond, the sum of ....... , Dollars, in the office of the City Treasurer in the City of Dubuque, being ....... ..,months' interest due that date on its ............. .Bond Na. ..........., dated ................. Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be pre- pared and when so prepared to execute said bonds sad that the City Clerk be and he is hereby instructed to register said bond in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1035 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 20th day of May, 1952. RAY F. ROLB Mayor CLARENCE P. WELD CHARLES A. KINTZINGER RUBEN Y. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA ..... . ..........City.Cferk ...... . Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeae-Mayor Kolb, Councilm~ Austin, Kintzinger, Schueller, Welu. Nays--None. ~I~ 1~ 'h h ~~ j;; 'i; '~ ,: 384 Special Session, May 20, 1952 State of Iowa SS. County of Dubuque I, Claude McDonald, do hereby certify that on the 26th day of April, 1952, I posted copies of the Notice of Levy of Special Assess- went and Intention of the City Council to Issue Bonds along the line of improvement for the im- provement of Finley Street with curb and gutter from the south property line of University Avenue to the north property line of West Street. Signed: Claude McDonald Subscribed and sworn to before me, a Notary Public, this 26th day of April, 1952. John J. Shea (SEAL) Notary Public in and for Dubuque County, Iowa. Councilman Schueller moved that the statement be received and made a mater of record. 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 Historical Society extending a cordial invitation to members of the City Council, and other of- flciaLs of the City of Dubuque, to attend a meeting to be held on May 22nd, 1952 at 8 P. M. at Wash- ington Junior High School, said meeting to be honored by a visit from Major General Ulysses S, Grant, 3rd,, presented and read. Councilman Welu moved that the invitation be accepted. Seconded by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Dubuque, Iowa May 19, 1952 To the Honorable Mayor and City Council. Gentlemen: At the May meeting of the Du- buque Safety Council there was a discussion about the way the var• ions departments of the City handled the flood situation. It was indeed very gratifying the way the Police Department handled traffic, and the way other depart- ments cooperated with each other. It could have been easily very dis- asterous, The following was un- animously adopted. "That the Dubuque Safety Coun- cil wishes to go on record, com- mending the various City Depart- ments far their fine spirit of co- operation in making the City of Dubuque a safe place to live, es- pecially during the recent Flood." We hope that these departments will continue to function as well in the future, so thanks again to you gentlemen for a job well done. We remain, Yours in Safety, Dubuque Safety Council, By Harry Hoppmann President, D. S. C. Councilman Welu moved that the communication be received and made a matter of record. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None, Communication of John W. Coll- ings stating that George Nasses and Harold Kiniker request that the City Council take immediate steps to acquire by condemnation a small piece of land owned by Mrs. Anna J. Bolsinger for the widen- ing of Kane Street, presented and read. Councilman Austin moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Andrew Fondell mak- ing application for permission to excavate in any street or alley in the City of Dubuque, Iowa, pre- sented and read. Councilman Welu moved that the request be granted providing that proper changes are made in his Public Liability Pol- icy. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. i~c k' i' i b' Special. Session, May 20, 1952 385 Councllman Austin moved that the rules be suspended for. the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Mr, and Mrs. Dale J. Furry and others requesting the City Council to establish a grade and fill the alley first east of Garfield Avenue between Haw- thorne and Farragut Streets, pre- sented and read. Mr. F. R. Orcutt addressed the Council in support of the petition. Councilman Wehi moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Kintz- inger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Fred Messing and others requesting that a repair job be done on their street gutter lo- cated on the south side of Univer- sity Avenue between 1390 and 1512, presented and read. Councilman Austin moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Petition of Roy L. Ayers and others, residing or adjacent to the streets recently annexed to the City of Dubuque, requesting Coun- cil to expedite the construction and installation of city water mains and sewer facilities to serve this dis- trict, presented and read. Council• man Austin moved that the petition be referred to the City Manager for consultation with the petitioners and to submit a report back to the City Council. Seconded by Council• man Welu. Carried by the follow- ing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. 'Nays-None. Ordinance No. 21.52 An Ordinance amending Ordin- ance No. 33-49 by adding a new Section to Schedule IV-2 thereof, restricting parking on Thirteenth Street between Central Avenue and White Street, 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 Austin, Kintzinger, 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 Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Ordinance No. 21.52 An Ordinance Amending Ordin- ance No. 33-49 by adding a new Section to Schedule N-2 thereof, restricting parking on Thirteenth Street between Central Avenue and White Street. Be It ordained by the City Coun- cil of the City of Dubuque, Iowa, as follows: Section 1. That Ordinance No. 33.49, known as the"Traffic Code," be amended by adding a new Sec- tion to Schedule N-2 thereof as follows: "y-Both sides of Thirteenth Street between Central Avenue and White Street." Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 20th day of May, 1952, Rule requiring reading on three separate days suspending by unani- mous vote the 20th day of May, 1952. Passed, adopted and aproved this 20th day of May, 1952, RAY F. KOLB, Mayor CLARENCE P. WELU CHARLES A. KINTZINGER RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. Shea, City Clerk ~~ I, ~, 386 Special Session, May 20, 1952 Published officially in The Tele- graph•Herald newspaper this 23rd day of May, 1952. J. J. SHEA. City Clerk. Councilman Welu moved the ad• option of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Xeas-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 fiat of calms for which warrants were drawn during the month of April, 1962, presented and read. Councilman Welu moved that the proof of pub• lication be received and Died. Sec- onded by Councilman Schueller. Carried by the #ollowing vote: Yeas-Mayor Rolb, Councilmen Austin, Rintzinger, Schueller, Welu. Nays-None. May 19, 1952 To the Honorable Mayer and City Council, Dubuque, Iowa. Gentlemen: I have Investigated the need for street lights on Southern avenue, also Windsor Avenue and Strauss Street, and recommend that street lights be installed at the following locations: 1. At the intersection of Windsor Avenue and Strauss Street. 2. Between 805 and 825 Southern Avenue. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Welu. Car- tied by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintainger, Schueller, Welu. Nays-None. May 19, 1952 To the Honorable Mayor and the City Council Dubuque, Iowa Gentlemen: This ie to advise that the con- struction of Section B of the Eighth Street Storm Relief Sewer in Eighth Street from White Street to its outfall, under contrast with the Larson Construction Company, has been eampleted in accordance with the Plana sad specificati~s. I, therefore, recommed the as eeptance of this work. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Schueller moved that the recommendation of City Man- ager Schiltz be accepted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None (A Resolution Aeapting improve mart) City of Dubuque, Iowa. RESOt.UTION N0. 294•S2. WHEREAS, the contract for the construction of Section B of the Eighth Street Storm Relief Sewer in Eighth Street from White Street to its outfall has been completed and the City Manager has ex• amined the work and filed hie cer• tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he ie hereby directed to pay to the con- tractor from the tlrnds realized from the sale of sewer bonds itaued upon the above described improve- ment in amount equal to the amount of the contract, leas any retained percentage provided for therein. Passed, adopted and approved this 20th day of May, 1962. Approved: RAY F. KOLB Mayor CLARENCE P. WELD CHARLES A. KINTZIIVGER RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen. Attest: J. J. Shea. City Clerk. t. ;~ ~~ ~1 1 Special Session, May 20, 1952 387 Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. May 20, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; This is to advise that I have ap- proved the following bond and pol- icy and desire to have your ap• proval on some for filing, subject to the approval of the City Solici- tor: EXCAVATION Andrew Fondell 2570 Shires Ave- nue. United States Fidelity & Guaranty Co. Andrew and Joseph Fondell, (Fondell & Son) 2570 Shires Ave- nue. Policy No. 451855 Employers Mu- tual Casualty Co. Respectfully submitted, .................................. L. J. Schiltz, City Manager. Councilman Welu moved that the bond and policy be approved and placed on file. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. May 20, 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 April 1952; also list of claims and list of pay- rolls for which warrants issued far the month of Apri11952. Respectfully submitted, ....L. J. Schiltz ................ City Manager. Councilman Austin moved that the reports be received and placed on file. Seconded by Councilman Weiu. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. May 19, 1952 Hon. Mayor and Members of the City Council Dubuque, Iowa Gentlemen: The claim of Mrs. Pearl Skelton dated May 12, 1952 has been re- ferred to this office for recommen- dation and report. Since that time Mrs. Skelton has advised me that she has reconsid- ered and wishes to withdraw her claim. I therefore recommend the claim be denied. Sincerely, T. H. Nelson. Councilman Austin moved that the recommendation of City Sol- icitor Nelson be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. May 20, 1952 Honorable Mayor and Members of The City Council of the City of Dubuque Gentlemen: On February 24, 1952, Mrs. Emma Stierman fell on a sidewalk in front of the Holy Ghost School on the west side of Central Avenue. The sidewalk at this point had a fairly deep depression in it, caused by the cement blocks having been raised at the point where they join each other. Mrs. Stierman filed no claim with the City but con- sulted this office with reference to her injuries, and indicated that she was preparing to institute suit against the City unless the matter could be settled. Her damages consisted of med- ical and hospital bills, as well as for a new pair of glasses, and she sustained injuries to her right hand which may be permanent. She has consented to settle this matter for the sum of ONE HUN- DRED TWENTY TWO ($122.00) DOLLARS and it is respectfully ~I~ i~ r~ ICI ~dl ~) ~P~ ~'jll ~; ~;', 71~!i ^,jW, it ,~ I~i~~ rl`.I, I. 388 Spacial Session, May 20, 1952 recommended that the Council au- thorise settlement in such amount and instruct the Auditor to draw a warrant in favor of Mrs. Stierman in the sum of $122.00, to be de- livered to her upon the execution of a proper release. Respectfully submitted, Robert M. Czizek Asiistant City Solicitor Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $122.00 in favor of Mrs. Emma Stierman, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. There being no further business Councilman Austin moved to ad• journ. Seconded by Councilman Schueller. 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 : .................................. .................................. Attest : ........................................ City Clerk Regular Session, June 2nd, 1952 38q City Council (OFFICIAL) Regular Session, June 2nd, 1952. Council met at 7:30 P.M. Present-Mayor Kolb, Council- men Austin, Kintzinger, Schuel- ler, Welu, City Manager Schiltz. Mayor Kolb stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and inten- tion of the City Council to issue bonds for the construction of an eight (8) inch vitrified file sani- tary sewer in Mount Vernon Court, amount of special assessment $2,- 877,03, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said heareing. Councilman Austin moved that the proofs of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kolb, Councilmen A u s't i n, Kintzinger, Schueller, Welu. Nays-None. CITY OF DUBUQUE, IOWA Schedule of Assessments RESOLUTION N0. 295-52 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the construction of an eight (8) inch vitrified file sanitary, sewer in Mount Vernon Court, by The Willman Company, Cedar Rapids, Iowa, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the schedule. Paul B. &Patrica Nauman, Lat 2 of Lot 4 Mt. Vernon Court Add., and Paul B. &Patrica Nauman, Lot 5 of Lot 4 Mt. Vernon Court Add., and Paul B. &Patrica Nauman, Lot 2 of Lot 6 Mt. Vernon Court Add . .......................... 479.50 Arthur N, Jr. & Doris M. Trausch Lot 1 of Lot 6 Mt. Vernon Court Add., and Arthur N. Jr, & Doris M. Trausch Lot 1 of Lot 7 Mt. Vernon Court Add ............ .479.50 Chas. T. Becker Lot 10 Mt. Vernon Court Add......... 479.50 Wm. J. & Helen E. Province, Lot 2 of Lot 7 Mt. Vernon Court Add., and Wm. J, & Helen E. Province, Lot 1 of Lot 8 Mt. Vernon Court Add ........................... 479.50 Robert H. & Agnes Moehl, Lot 1 of Lot 3 Mt. Vernon Court Add., and Robert H. & Agnes Moehl, Lat 1 of Lot 1 of Lot 4 Mt. Vernon Court Add . ............ 479.51 Maurice S. & Gloria Annis, Lot 2 of Lot 8 Mt. Vernon Court Add., and Maurice S, & Gloria Annis, Lot 9 of Lot 8 Mt. Vernon Court Add . .......................... 479.52 $2,877.03 402 Lin. Ft. 8" Vitrified Tile Pipe @ $3.00 ........,. $1,447.20 157 Lin. Ft. 8" Vitrified Tile Pipe @ $3.20........, ... 502.40 4 Each 8" x 6" Y Branches @ $3.80 ........................... .....15.20 2 Each Concrete Manholes under SO' $160 ..................... 320.00 1 Each Concrete Manhole over 10' $185.00 .................. 185.00 20 Sq. yds. 2" Cold Asphalt on 7" Mesh Reinf. Con- crete Base Replacement @ 10.00 ................................200.00 2,669.80 7.04% Extra Expense .......... 187.95 5% Interest for 52 days ......., 19.28 $2,877.03 All of which is Assessed as per signed Petition & Waivers of each property owner agreeing to pay 16-~s % of the Actual Cost. Passed, adopted and approved this 2nd day of June, 1952. RAY F. KOLB Mayor CLARENCE P. WELU CHARLES A. KINTZINGER RUBEN V, AUSTIN LEO N.SCHUELLER Councilmen Attest: J. J. SHEA City Clerk. I