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1953 May Council Proceedingsr Regular Session, May 4th, 1953 317 (OFFICI,4L) Regular Session, May 4th, 1953. Council met at 7,30 P,M, Present-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. City Manager Schiltz. Mayor Austin stated that this is the regular monthly meeting of the City Council far the purpose of acting upon such business as may properly come before the meeting. Councilman Welu moved that Mr. Lester J. Streinz be reappointed as a member of the Board of Ad- justment for a term of five years said term expiring March 5th, 1958. Seconded by Councilman Kalb. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu, Nays-None, Councilman Kolb moved that Mr. Richard V. McKay be reap- pointed as a member of the Plan• Wing and Zoning Commission for a term of 5 years, said term ex- piring May 24th, 1958. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Schueller moved that Mr. Harry E. Chambers be re• appointed as a member of the Air- port Zoning Commission for a term of six years, said term ex- piring May 14th, 1959. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Notice of Claim of John V. Neff in the amount of $20.29 for dam- ages to his car caused in striking rocks and ruts on Kelley Lane just west of Edwin Kaisers, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report, Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb,- Schueller, Welu, Nays-None, Notice of Claim of Earl Marihart in the amount of $8.00 for damages to his car caused by striking a' hole in the street on north side of the intersection at Central Avenue and 22nd Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Herbert H. Kisting in the amount of $14.39 for damages to his car caused by a defective alley between Wilson Avenue and Caledonia Street at 8th Avenue, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of The Key City Gas Company submitting fuel cal- culations based on cost of mater- ials as of April 1, 1953 in com- pliance with the provisions of Ordinance No. 50-51, presented and read. Councilman Koib moved that the communication and report be received and filed, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Councit• men Kintzinger, Kolb, Schueller, Welu. Nays-None. Telegram from Guy M. Gillette, U.S. Senator, Washington, D.C. relative to the Upper Mississippi River Flood Project, presented and read. Councilman Kolb moved that the Telegram be received and placed on file. Seconded by Coun- cilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- 318 Regular Session, May 4th, 1953 men Kintzinger, Kolb, Schueller, Welu. Nays-None. Telegram from B. B, Hicken• looper, U.S.. Senator, Washington, D.C. relative to the Upper Missis- sippi River Flood Project, pre- sented and read: Councilman Kolb moved that the Telegram be received and placed on file. Seconded by Coun- cllman Kintzinger, Carried by the ~ following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Communication of Henry 0. Tolle, U.S. Representative in Cong• Tess, Washington, D.C, with refer- ence to the Upper Mississippi River Flood Project, presented and read. Councilman Kolb moved that the Communication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing.vote: Yeas--Mayor Austin, Council• men Kintzinger, Kalb, Schueller, Welu. Nays-None. Communication of Cy Farr, Sec- retary to U,S. Senator Guy M. Gil• lette, with reference to the Inland Waterways Corporation and their plans for disposition of property and equipment, presented and read. Councilman Kolb moved that the Communication- be received and filed. Seconded by Council• man Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of M: S. Engel- brecht, Executive Secretary, Du- buque Chamber of Commerce, ad• vising Council that the Board of Directors of the Chamber of Com- merce believe it would be wise for the City to collect garbage as well as rubbish, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller,. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None.. Communication of the League of Women Voters of Dubuque com- mending City Manager Schiltz fpr his outstanding proposed program on the land-fill method of garbage and rubbish disposal and asking Council to adept said recommenda- tions, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller; Welu. Nays-None. Communication of Henry J, Cun- ningham with reference to his car being ticketed while parked on Eighth Street between Main and Locust Streets and asking that he be granted a refund of the $1.00 bond forfeited by him, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of O'Connor, Thomas, McDermott & Wright, by E. Marshall Thomas, submitting a petition- for the improvement of the alley between Coates and Simp- son Streets, presented and read. Councilman Schueller moved that the communication be re- ferred to the City Manager for in- vestigation and report. Seconded by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of E. Marshall Thomas and others, owners of property abutting the alley situated between Coates and Simpson Streets and requesting the City to put a new black top surface on the alley, presented and read. Councilman Schueller moved ', that the petition be referred to the. City Manager for investigation and report.- Seconded by Council- man- Kintzinger. Carried by the following. vote: Yeas-Mayor Austin, Couneil- Regular Session, May 4th, 1953 319 men Kintzinger, Kolb, Schueller, WeIu. Nays-None. Communication of Charles W, Schreiber, President of Army Cor- poration, submitting in conjunc- tionwith residents of Valley Street, a petition. requesting the placing of a street light on Valley Street immediately to the- North of the Armory Garage, presented and read. Councilman Kolb moved that the communication be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Kintzinger, Carried by the follow- . ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Charles G. Specht and others requesting- the installation of a street light on Valley Street i immediately to the North of the Armory Garage, presented and read. ' Councilman Kolb moved that the petition be referred to the City Manager and Electrical In- i specter-for investigation and re- port. Seconded by Councilman - € Kintzinger. Carried by the follow- ing vote: t Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Saffron Construction Company requesting permission to excavate in the streets and alleys k of the City of Dubuque, presented and read, Councilman Kolb moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, 'Kolb, Schueller, Welu. Nays-None, Petition of M. B, Olansky re- questing the City Council to rezone the -area on Mt. Loretta Street known as Mississippi Heights Sub• division from two family residence district to multiple family resi- Bence district, presented and- read. Councilman Kintzinger 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 follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Allendorf-Lane Com- pany and others objecting to a pro- posal by Renier Company, 531 Main Street to construct a loading platform at the rear of their build- ing, presented and read, Councilman Welu moved that the petition be referred to the Building Commissioner, Fire Chief, Police Chief and City Solicitor. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Kirchoff Ice Cream Company requesting the City Coun- cil to extend the present light in- dustrial district at Garfield Avenue and Hamilton Street to include Lots 131, 132 and 133 of Ham's Addition, presented and read. Councilman Welu moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of John C. Oberhausen, Dubuque Armed Forces Advisory Committee, requesting that Tues- day, May 12,1953 be officially pro- claimed as Armed Forces Day in Dubuque, presented and read, Councilman Schueller moved that the Mayor be authorized to issue the proclamation as request- ed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb,- Schueller, Welu. Nays-None. 320 Regular Session, May 4th, 1953 ORDINANCE N0. s1-53 ' An Ordinance granting Dan W. Schmalz, Jr. the right to construct a sanitary sewer in Rhomberg Avenue; Providing the terms and conditions thereof, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. ' Seconded by Councilman Kintzin- ger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the ordinance just read being an ordinance granting the right to use or occupy a street be now con- sidered complete in form for final passage and further moved that the same be placed an file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Seconded by Councilman Kintzin- ger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, ORDINANCE N0, 6-53 An Ordinance granting Peter J, Seippel the right to construct a sewer in Marion Street; Providing the terms and conditions thereof; and Providing for a charge for con• netting thereto, said ordinance having been passed upon first read- ing and ordered placed on file with the City Clerk for public in- spection for at least one week be- fore final adoption, was presented for final adoption. Ok®IPIANdE Nb. d~$9 ,An Ordinance (}ranting Peter J, Selp- in~ Maefon h 9treet~n Providing a h® Terms and Conditions Thereof; and Providing foe a Charge ton Conndettng Thereto. Ee It Ordained by the Cfty Council Hof the Clt7 of Dubuque: 11ect1on L That Peter J. Seippel h® and ~ ie h~sbx ~~ss Tght 4-o d8he[-rust ail B tfldn Ott file pipe sanitary sewer in Marlon Street from the present terminus af' the aanltary sewer in said street to-~ Gated at the axtenslon of the eadterdy line of Lot 4T of Babcock'a Addition, easterly clin®f extended of tLot 3®of li dltlon,f upon the fallowing fermi ands conditlonst (a) That granted agree to don•l atruat sold sewer within ono Yom'. from the date hereof and to pay. the entice ggcoat thereof, including cost' fi(b)®tThat aatd sewer shall be con-~ stpructed in accordance with plena; of Heal h and the City Manaaer ands o dthe tClty uMana~ger and Cry E~ gineer; (c) That grantee will Dater into a contract Yor the construction of said sewer with a quailtled cgontrac- thingeh eontaln ao 1 e1e~ requfrin~tthe~ contractor to obtain all necessary permtta, including excavation pdr- mita, required by the Ctty of Du- agenoy, ar cla se oobligaG g the ecotn~-~ tractor Rod hla bondsmen to kedD~ said sewer in good repair for a pd•; clod of not less than two (3) Year®' from the date of the acceptancd oil the work, and a cloned regalring thei contractor to furnish a surety bonds with tho City of Dubuque named as one of the abligeea, guaranteeing the faithful performance of said con- tract; (d) That upon completion of said sewer and the acceptance o4 the name by the C1ty Council said sewer; shall become a public sewer under the exclusive charge and control of the City of Dubuque and its frdd~ use as such shall not be interfered with by the grantee, his successors' or assigns; Section Z. After said sewer hoe; been completed and the total cost thereof has been paid by granted, the grantee,hereln shall file with the City Council a certified statement, aaowing In detail, all amounts pall oil± by him m connection with the construction of sold sewer, lncludip; engineering fees and the coat of re• Loring the surface of the street. aereafter, any person or persons ~,',esiring to connect with said sewer, except the grantee herein, shall that n~ply to the Clty Manager for per• mrssion sp to do and such permta• lion shawl ba granted upon condi• lion that the applicant pay to the City Treasurer for the recount of the grantee herein, a connection charge in an amount which will be fixed by Resolution of the C[ty Council at the time of the acceptance oP said sewer. However, each con- nection charges shall not be exacted for any extension of 3~1d adorer made! by the City of Dubuque, or its per• mitees. Section 3, That the authority granted herein shall terminate on June 1, 1963, unless the terms and conditions of thla Ordinance are ao- cepted in writing by the granted prior to that date, Section 4, Thls Ordinanas shoo bd In full Yorce and effect from an8l after its final passage, adoption ands publication as provided by Law, Passed, approved and adopted thla 4th day of May 1953. RUBEN ~, AUSTIiN, Mayor CLARENCE P. VGELU RAY F, KOLB LEO N. SCHUELLER !9W ATlr.A16 a urxrmm. rsrsdtw i Attdat; J,~heC a Regular Session, May 4th, 1953 321 Acoopta co of Ordinance No, 6.53 Peter J, Seippel of the City of Dubuque, Dubuque County, Iowa, having full knowledge and under- standing oP all the terms and eon- dltions of Ordinance No, 6-53 hereby accepts the same as passed and agrees to comply with all the terms and condltiona thereof. Accepted this 6th day of May, 1953. PETER J, SEIPPEL Published officially in The Tele- ofaph•He196 ,newspaper this 8th day Ma J, J, SHEA, It May 3 City Clerk Councilman Schueller moved the adoption of the ordinance. Sec- onded by Councilman Kolb, Car• ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0, 7-53 An Ordinance granting Albert H. Beitzel the right to construct a sewer in St. Ambrose Street; Pro- viding the terms and conditions thereof; and Providing for a charge for connecting thereto, said ordinance having been passed upon first reading 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 N0. 7.53 An Ordinance Granting Albert H. Beitzel the Right to Construct a Setter in St. Ambrose Street; Pro- viding the Terms and Conditions Thereof; and Providing for a Charge for Connecting Thereto. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Alhert H. Beitzel be and he is hereby granted the right to construct an 8 inch vitrified file pipe sanitary sewer in St. Ambrose Street from the present sanitary sewer in Sunnyviety Drive south for a distance of approximately 300 feet, upon the following terms and condi- tions: (a) That grantee agrees to con- struct said sewer within one year from the date hereof and to pay the entire cost thereof, including cost of restoring the surface of the street; (b) That said sewer shall be con- structed in accordance with plans approved by the State Department of Health and the City Manager and under the supervision and direction of the City Manager and City En- gineer; (c) That grantee will enter into a contract for the canstructlnn of said saver with a qualified contrac- tor, which contract will, among other things, contain a clause requiring the contractor to obtain all necessary permits, including excavation per- mits, required by the City of Du- buque, or any other Governmental agency, a clause obligating the con- tractm• an!I h1s hotrdsmen to keep =•drl sews- in good repair [or a period of nut Irys than trvo (2) years Pram the date of the acoepburce of the ~a~m~k, and a clause requiring the contractor [o furnish a surety bond with the L'ity of Dubuque named as Due of the obligees, ~~uaranteeing the Caithful p:rfm~anee of~satd contract; (d) That upon completion oP said seiner and the acceptance of the same 'iy the ('it}~ Cuunc~l said server shah hecon,e x pnblie sewer under the ex- clusive charge and control of the Cr[ ~ 01' lluuuque and its free use as such shall not be interfered with by the grantee, his successors or as- signs; Section 2. After said sewer has keen completed and the total cost Uic eof ht~s Leeu paid by grantee, [he grantee herein shall file with the Coy ('utmcil a certified stateme °t .,h,nvin; in detail, all amounts paid out by him in emmection with the rnistrttctfon of said server, including engine9: ing fees and the cost of re- storir:g~ the surface of fire street, 'Thereafter, any person or persons de- siring to connect with said sewer, excer,t the grantee herein, shall first ~pUy to the City Manager for per- mission sn to do and such permis- ~tnn shall be granted upon condition that the aplrlieant pay to the City 'Treasurer, Pm' the account of the grantee herein, a connection charge in an amount which will he Pised br• 'resolution c,P the City Council at the time of the areeptauce of said sewer. Hawecer s:.ch connection charges +hall not be exacted fm~ any exten- >~ion of sa`d sewer made by the City of Dubuque, or its permitteea. Section °. That the authority c'ranted herein shall terminate on ,lone 1st, 193, unless the terms and couditinns of this Ordinance are ac- cepted in writrn3 by the grantee prim to that date. Section ~!. This Ordinance shall he in full force and effect from and after its final passage, adoption and publication as provided by larv. Passed, approved and adopted this {th day of MaS, 1953. RUBEN ~', AUSTIN, illayor CLARENCE P. 1~'ELU P.AI F. IiOLB LEO h. SCI3UELLER CHARLES A, I~INTZINGPR Councihnen Attest: J. J. Shea Crty Clekl: Acceptance of Ordinance No, 7.53 Albert H. Beitzel of the City of Dubuque, Dubuque Counts, Iowa, hav- ing Pull knowledge and understanding of all the terms and conditions of Ordinance No. 7-63, hereby accepts the same as passed and agrees to com- ely with all fire terms and conditions thereof, A~~capted prix 20th day of -4ac, 195J ALBERT H. REITZEL Puhlished officially in The Tele- graph-Herald newspaper this 25th day of -Iap, 1953. J. J. SHEA, 1t May ~5 City Clerk Councilman Kolb moved the adoption of the ordinance, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council men Kintzinger, Kolb, Schueller, Welu. Nays-None. ", ~_;; 1, ,~~:; "~ '~ ~: ;~J: , i` ;; .. ;~ 322 Regular Session, May 4th, 1953 Dubuque, Iowa April 28, 1953 ' To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the pro- visions of the Code of Iowa, 1950 the Civil Service Commission con- ducted apromotional examination on April 9th, 1953, for those seek- ing promotions an the Police De- partment. The following are the names of these who passed with an av- erage of 70 per cent of better. All promotions on the Police Depart- ment should be made from this list Name Average Russell S. Fullarton . ~...... 97% Robert J. O'Brien ...... ...... 93% Byrne A. O'Brien .. 92% Charles J. Jenaman _ .. 85% Harry M. Funk 83% Respectfully submitted, E. B. Lyons Chairman Louis J. Lagen Members, Civil Service Com- tnissian Attest: J. J. SHEA, Clerk, Subscribed and sworn to be- fore me, a Notary Public, this 28th day of April, 1953. Geraldine L. Jenni (Seal) Notary Public Councilman Kolb moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Kintzinger. Carried by the following vote: ~7eas-ll2ayor Austin, Council- m.en Kintzinger, Kclb, Schueller, ~Veltt. Nays-None, Dubuque, Towa April 23, 1953 To the Honorable Mayor and Idembers of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provis ions of the Code of Iowa, 1950 the Civil Service Commision conducted a promotional examination or. April 9th, 1953 for those seekinf the positions of Captain, Lieuten ant and Engineer pn the Firs P~ partment. The following are the names of ;hose who passed with an average ~f 70 per cent or better, All pro- motions on the Fire Department should be made from this list. CAPTAINS Name Average Robert N. Dunphy ................... 87% Leo J. Chambers ...................... 8fi% Leroy J. Hantelman .............. 86% William Joseph Lynch ........ 82i/z% Edward Leo Gerhard ............_ 82% LIEUTENANTS Name Average Frank R. Kaiser 84z/a% Donald Frederick Brus .....83z/a% Francis L, McDermott .....82z/a% Edward John Weber 82% 3ol.n Francis Doyle ................ 80% Vincent J. Kell _.. 78% Elmer Louis Lynch .................. 78% John Peter Pregler ....._....... 78% Robert George Boland ........ '77r/a% Paul J, Corbett .......................... 76% William Charles Toner ....... 74z/a% LIEUTENANTS Name Average Donald J. Weidenbacher ........ 72% William Raymond Purcell ...... 71% ENfaINEERS Carl Joseph Winter ......._.... 78% Respectfully submitted, E. B. Lyons Chairman Louis J. Lagen Members, Civil Service Commision Attest: J. J. SHEA, Clerk. Sttbseribed and sworn to before me, a Notary Public, this 28th day of April, 1953, (Seal) Geralding L. Jenni Notary Public, Councilman Kolb moved that the report of the Civil Service Com- missicn be received and made a matter of retard. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolh, Schueller, Welu, Naps-None. Dubuque, Iowa April 30, 1953 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provis- ions of the Code of Iowa, 1950 the Regular Session, May 4th, 1953 323 Civil Service Commission con- ducted an entrance examination on April 8th, 1953 for those seeking positions on the Police Depart- ment, The following is a list of those who passed both the written and physical examinations. Name Average Paul F, Reiter _ ............... 71~/z% Respectfully submitted, E. B. Lyons Louis J. Lagen Members of the Civil Service Com- mission. Attest: J. J. SHEA, Clerk, Subscribed and sworn to before me, a Notary Public; this 30th day of April, 1953. Geraldine L. Jenni Notary Public. Councilman Kolb moved that the report of the Civil Service Com- mission be received and made a matter cf record. Seconded by Councilman Kintzinger. Carried by the follotiving vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, D7abugtte, Iowa April 30, 1953 To the Honorable Mayor and Members of the City Council City of ilubuque, Iowa Gentlemen: In accordance with the provis- ions of the Code of Iowa, 1950 the Civil Service Commission con- ducted an entrance examination on April 8th, 1953 for those seek- ing positions on the Fire Depart- ment. The following is a list of those who passed both the written and physical examinations. Name Average Milton R. Hartley ........ ....... 90% Robert C. Stone ...................... 89% Joseph L. Meissen ............._.....86% Martin A. Grady ._..........._._.841/z% James T. Purcell .. ............... 82i/z% Raymond C. Ryan ... ........... 79% Respectfully submitted, E, B. Lyons Louis J. Lagen Members of the Civil Service. Commission. Attest: J. J. SHEA, Clerk. Subscribed and sworn to before me, a Notary Public, this 30th day of April, 1953. (Baal) Geraldine L, Jenni Notary Pubiic. Councilman Kaib moved that the report of the Civil Service Com: mission be received and made a matter of record. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, titlelu. Nays-None. April 22, 1953 To the Honorable Mayor and City Councll, Dubuque, Iowa. Gentlemen: Ttte Planning & Zoning Com- mission of Dubuque recommends to your honorable body denial of the petition of Pure Oil Com- pany dated March 1Q, 1953 asking for the rezoning of the south east caner of Central and 30th St. (Lots 3G5 and 306 in Davis Farm Addition-City of Dubuque) to Business Classification for the chief reason of safety-the prop- erty being within 50 feet of the adjoining residence district could not be occpuied by a filling station oven if rezoned as requested. Several modern homes have been built in the surrounding area, and such use appears the preferable ttse for this property, Yours truly, Dubuque Planning & Zoning Commission By Secretary R. V. McKay Councilman Schueller moved that the recommendation of the Planning and Zoning Commission be approved. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Austin, Ceuncil- men Eintzinger, Kolb, Schueller, Weht. Nays-None. April 30, 1953 To tl~e Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: 't'he petition of Anthony A, Hell- ing requesting permission to con- nect Lot 2 of 169, Finley Addition, to the sanitary sewer on Green 324 Regular Session, May 4th, 1953 Street was referred to the City i"Manager and City Engineer for recommendation znd report. The proport;~ to be served has been assessed for the sewage lift station and could be property connected to tdie Green Street sewer, I recommend that permission be granted. Respectfully submitted, ~~~~~~ ~~~~~L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Manager ~ Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schuellor, Welu. Nays-None. ~ April 30, 1953 To the Honorable Mayor ~ and Members of the City Council, ' Dubuque, Iowa Gentlemen: I Under Ordinance No. 6-48 ad- opted March 1, 1948, St, Mary's 0?phan Home constructed a sewer in Carter Road and Asbury Road. Now that the Kaufman Avemie sewer has been completed, St. Mary's Orphan Home is no longer ' using this sewer and proposes to turn the same over to the City of Dubuque. It is reconnnended that t: ~ same be accepted and that the enclosed agreement be :;xecuted by me on behalf of the City of Dubuque, accep ing tl.e sewer and relieving St, Mary's Orphan Hotr:e of the further maintenance of same. Respactfull'y submitted, L. J, Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Man• ager Schiltz be approved. Seconded by Councilman Schuellor. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schuellor, Welu. Nays-None. AGREEMENT THIS AGREEMENT entered into the 5th day of May, A.D. 1953, by and between the City of Dubuque, Iowa, first party, and St. Mary's Home, an Iowa Corporation, sec- ond party, WITNESSETH: Whereas under the authority and provisions of Ordinance No, 6-48 of the City of Dubuque, adopted March 1, 1948, second party has constructed an 8 inch sanitary sewer in Asbury Road in the City of Dubuque from the intersection of Chaney Road and Asbury Road westerly, and a cast iron force main in Asbury Road and Carter Road in the City of Dubuque con• netting the said 8 inch sanitary sewer and serving the buildings of second party; and Whereas said Ordinance provided that all maintenance and repairs on said sewer should be paid by second party, its successors or as- signs, provided, however, that should the City at any time exer• cise its rights under said Ordin- once to extend said sewer or con- nect thereto the same would be considered a public sewer and thereafter the maintenance and re- pair expense would be borne by the City; and Whereas the second party has recently connected to a sanitary sewer main in Kaufman Avenue and no longer needs the services of the sewer constructed under the provisions and authority of Ordin- ance No. 6-48; and Whereas said Ordinance re- served to the City of Dubuque the right to revoke and rescind the grant therein contained at any time, and Whereas, second party did change its corporate name from "St, Mary's Orphan Home" to St. Mary's Home;' an Iowa Corpara• tion, Now Therefore, Be It Agreed by and between the parties as follows: 1. That in consideration of the above premises the 8 inch sanitary sewer and force main constructed in Asbury Road and also in Carter Road under the provisions of Or• ~ dinance No, 6-48 by second party for the purpose of serving its buildings shall, from this date and hereafter, be and become a public sewer belonging to the City of Dubuque and second part is here- by relieved of the duty and obli- gation to maintain the same, 2. It is the intent of this Agree- ment to convey to the City of Du- Regular Session, May 4, 1953 325 buque all rights, title and interest of the second party in and to any portion of said sewer now lying in the public streets of the City of Dubuque whether the same was within the limits o£ the City of Dubuque at the time of construc- tion or not, CITY OF DUBUQUE, IOWA BY L. J. Schiltz, City Manager. ST. MARY'S HOME BY Henry P. Rohlman, Pres. C. J. Kleinschmidt, Treasurer. May 1, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Dan Schmalz, Jr. requesting vacation of Kimball Street west of Rhomberg Avenue was referred to the City Council to view the grounds. This petition has also been re- ferred to the Planning and Zoning Commission for recommendation and report, Therefore, any action by the Council will be forthcoming after receiving this report. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the communication of City Man- ager Schiltz be received and filed. Seconded by Councilman Kintzin- ger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schuellor, Welu, Nays-None. May 1, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of the Dubuque Safety Council requesting consider- ation of the traffic hazard on College Street between Allison Place and West Fifth Street was referred to the City Council to view the grounds, After investigation by the police department and viewing the lo• cation, the decision of the Council was to restrict parking on the west side of College Street be- tween Allison Place and West Fifth Street. I recommend that the decision of the Council be confirmed. Respectfully submitted, L, J. SCHH,TZ, City Manager. Councilman SchueIler moved that the recommendation of City Manager Schiltz be approved and proper proceedings prepared. Sec• onded by Councilman Kolb. Car• ried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schuellor, Welu. Nays-None. May 1, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of County Auditor Meloy advising the Coun- cil that the Board of Supervisors has received an offer to sell Lat 18 Randall's Sub. No. 2, was re• ferred to the Council to view the grounds. The decision of the Council was that the bid price is not sufficient and should be $50.00. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHII,TZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Kintzin• ger. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schuellor, Welu. Nays-None. May 4, 1953 To the Honorablo Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds aad desire to have your approval on same for filing, subject to the approval of the City Solicitor: SH)EWALK John P, Welter, Hawkeye Se- curity Ins, Co. Denman Phillips, American Sur• ety Co. EXCAVATION Geo, I, Reaves, Western Surety Co. 3`= ¢; ~. 1."" , ,'` ~', 5 ,'~~ ~:; `- ~_: =; z<; ~'', f,,;: '~ `„'~ 9,: ~. `: °1; ~d 326 Regular Session, May 4, 1953 George A, Saffron, American Surety Co. Respectfully submitted, L. J. SCHH.TZ, City Manager. Councilman Kolb moved that the bonds be placed on file sub- ject to the approval of the City Solicitor. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, May 17, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The estimated cost of collecting garbage and disposing of it through the land-fill method along with the rubbish collection would cost from $25,000,00 to $28,000.00 per year. This land-fill operation would be carried out according to the State Health Department and U.S. Public Health Department standards and would reclaim property for future expansion, In order that garbage may be disposed of in an area subject to overflow, the State Health Department must approve the operation, also the Iowa Natural Resources Council must ap- prove the raising of any low lands that. are in the flood plain. Both of these agencies have approved this method of disposal on Cfty Island. The garbage and rubbish -would be collected at the same time and could be combined in the same container provided covered water tight metal containers are used. The collection would necessarily be made at the street curb or alley as is now the requirement for rubbish. The above estimated cost pro- vides ,for two collections per week instead of one. This will help keep the streets and alleys cleaner be- cause containers will not be over- flowed. Much closer supervision and con- trol can be obtained through city forces collecting garbage and rub• bish and I believe will eliminate many complaints that collections have been missed. The additional equipment needed to take over the garbage collection will be 2-12 or 15 c.y, packer type trucks costing approximately $18,000.00. The cost of this equip- ment is not figured in the collec- tion costs. If collections are all made at the street or alley and made twice a week, I recommend that the city enter into an agreement of mutual understanding with the Dubuque Processing Company to terminate their contract at the time we get delivery of the new equipment needed by the city to perform this operation. Also, that present or- dinances be revised to conform to 'the Council action. Respectfully submitted, L. J. SCHILTZ, City Manager. .Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved and proper proceedings prepared. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas---Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. May 2, 1953. To the Honorable Mayor and City Council, ,Dubuque, Iowa. Gentlemen: The Dubuque Processing Com- pany has requested cancellation of their contract with the City for the collection and disposal of garbage effective June 1, 1953. In order that proper proceedings can be prepared for Council action, some decision should be made re- garding this petition, Most cities do not collect garbage and rubbish as a city service paid out o fthe general tax levy, but make a monthly service charge for these collections. The garbage and rubbish collection in Dubuque as a service without special charges has been accepted by the commun- ity. To change this p r o c e d u r e would tend to cause unsanitary con• ditions because of those not paying a special service charge. The city can operate the joint collection at a saving of approx- imately $5,000.00 per year and in addition increase the service to two collections each week throughout the year. Regular Session, May 4, 1953 327 I recommend that the Council authorize that proper proceedings be prepared to take over the gar- bage collection. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man• ager Schiltz. be approved and pro- per proceedings prepared. Sec- onded by Councilman Schueller, Carried by the fallowing vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, (Ordering Construction) RESOLUTION N0. 236-53 Be It Resolved- by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 117-53 which was duly passed by this Council, for the improvement of the following portions of the following streets by installing concrete curb and gutter thereon, to-wit; Alta Place from the south prop- erty line of Fillmore Street to the south end of Alta Place, Abbott Street from the south property line of Lowell Street to the north property line of Mont• crest Street. Beverly Avenue from the south property line of Lenox Avenue to the- end of Beverly Avenue. Brown Avenue from the west property line of University Avenue to the east property line of Carlton Avenue. Bunker Hill Road from a point 18 feet south of the south property line of Finley Street to the south property line of Asbury Street, Bunker Hill Road from the north property line of Seminary Street to the south property line of Fairway Drive. Burlington Street from the west property line of Lat 79 of Mc- Daniel's Park Hill Addition to the west property line of National Street. Edith Street from the west prop- erty line of Burden Avenue to the east property line of Brunswick Street, Emerson Street from the east property line of Lincoln Avenue to the west property line of Gar- field Avenue. Finley Street from the north- west property line of University Avenue to the east property -line of Bunker Hill Road. Garfield Avenue from the north property line of Roosevelt Street to the south property line of Stanton Street, Lenox Avenue from the west property line of University Avenue to the west property line of Brown Avenue. Link Street from the west prop- erty line of Burden Avenue to the east property line of Brunswick Street, Montcrest Street from the east property line of Abbott Street to a point 320 feet east of the east prop- erty line of Woodworth Street. Prescott Street from the north property line of Hamilton, Street to the south property line of Emer- son Street. Primrose Street from the north property line of Kane Street to the south property line of Muscatine Street. Ramona Street from the north property line of Lot 1-16 of M. Wal- ter's Addition to the south prop- erty line of Mt. Loretta Ave. Roosevelt Street from the east property line of Rhomberg Avenue to the west property 1rne or Gar- field Avenue. St. Ambrose Street from the north property line of Seminary Street to the north property line of Fairway Drive. Seminary Street from the west property line of St. Ambrose Street to the east property line of Asbm•y Street. Stetmore Street from 20 feet west of-the east property line of Lot 17 of Babcock's Addition to the north property line of. Marion Street. Sunnyview Drive from- the west property line of St. Ambrose Street to the east property line of Bunker Hill Road. Sutter Street from the east prop- erty line of Queen Street to the west property line of Windsor Avenue. Whittier Street from the east property line of Rhomberg Avenue to the west property line of Gar- field Avenue. West 16th Street from the east property line of Catherine Street to a point 70 feet east of the east property line of Henion Street. 328 Regular Session, May 4, 1953 Be and the same are hereby ordered and constructed by this Council upon its own motion. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in pro- portion to the special benefits con• 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 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 the 15th day of September, 1953. 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB 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 Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 210--53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No, 120-53 which was duly passed by this Council, for the improvement of Abbott Street with asphaltic macadam surfacing from the South property line of Lowell Street to the north prop- erty line of Montcrest Street be and the same is hereby ordered constructed by this Council upon its own motion. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to area thereof and in proportion to the special benefits conferred, and labor and equipment costs shall be paid out of the street funds. Pay ment will be made 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 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V, AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk. Regular Session, May 4, 1953 329 Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, (Ordering Construction) RESOLUTION N0. 211-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 123-53 which was duly passed by this CouncIl, for the improvement of Alta Place with asphaltic macadam surfacing from the South property line of Fillmore street to the south end of Alta Place. Be and the same is hereby ordered constructed by this Coun• cil upon its own motion. 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 area thereof and in proportion to the special benefits conferred, and labor and equipment costs shall be paid out of the street funds. Pay- ment will be made 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. Bo 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 far final adoption this 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V, AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec• onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 212-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 126-53 which was duly passed by this Council, for the improvement of Beverly Ave• nue with asphaltic macadam sur- facingfrom the south property line of Lenox Street to the end of Beverly Avenue. Be and the same is hereby ordered constructed by this Coun• cil upon its own motion. 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 area thereof and in proportion to the special benefits conferred, and labor and equipment costs shall be paid out of the street funds. Pay- ment will be made 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 this resolution being deemed urgent and of immediate necessity shall be in force and effect from and ~.~,"- ,.. ;, ,;~ , ^,.> =~~ I i`; 1=' ~~;' .•' ~::' $:;` '~`', f >, 330 Regular Session, May 4, 1953 after its passage and adoption by the City Council. Approved and placed on file for final adoption this 23rd day of April, 1953, Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KHQTZINGER Councilmen Attest: J. J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, (Ordering Construction) RESOLUTION N0. 213-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 129-53 which was duly passed by this Council, for the improvement of Brown Ave• nue with asphaltic macadam sur- facing from the West property line of University Avenue to the East property line of Carlton Ave• nue. Be and the same is hereby ordered constructed by this Coun- cil upon its own motion, 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 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 area thereof and in proportion tc the special benefits conferred, anc labor and equipment costs shall bE paid out of the street funds. Pay ment will be made- out of fund: realized from the sale of bonds ti be issued in anticipation of de ferred payments of assessments a~ provided by law after the wor] 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J, SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 214-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 132-53 which was duly passed by this Council; for the improvement of Bunker Hill Road with asphaltic macadam sur- facing from a point 18 feet South of the South property line of Fin- ley street to the South property line of Asbury Street. Be and the same is hereby ordered constructed by this Coun- cil upon its own motion. 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 area thereof and in proportion to the special benefits conferred, and labor and equipment costs shall be paid out of the street funds: Pay- Regular Session, May 4, 1953 331 ment will be made 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 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953, RUBEN V. AUSTIN Mayor RAY F. KOLB CLARENCE P. WELU LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J, J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec• onned by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, (Ordering Construction) RESOLUTION N0. 215-53 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No, 135-53 which was duly passed by this Council, for the. improvement of Bunker Hill Road with asphaltic Macadam sur- facing from the north property line of Seminary Street to the South property line of Fairway Drive, be and the same is hereby ordered constructed by this Council upon its own motion. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by 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 propor- tion to the special benefits con- fered, and labor and equipment costs shall be paid out of the street funds. Payment will be made out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be It Furtiter Resolved that this resolution being deemed ur- gent 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 23rd day of April, 1953. Passed, adapted and approved this 4th day May, 1953. RUBEN V, AUSTIN, Mayor. CLARENCE P, WELU, RAYMOND F, KOLB, LEO N, SCHUELLER, CHARLES A, K iP1TZRVGER, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Kalb moved the ad- option of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kalb, Schueller, Welu, Nays-None. (Ordering Construction) RESOLUTION ~NO. 216--53 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No. 138.53 which was duly passed by this Council, for the improvement of Burlington street with asphaltic Macadam surfacing from the West Property Line of Lot 79 of McDaniel's Park Hill Addition to the West Property Line of National Street be and the same is hereby ordered con- structed by this Council upon its own motion. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk, Be It Further Resolved that the cost and expense of the said im- provements be paid for by levy- ing special assessments against the privately owned property lying 332 Regular Session, Nlay 4, 1953 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- fered, and labor and equipment costs shall be paid out of the street funds. Payment will be made out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed ur- gent 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 23rd day of April, 1953. Passed, adopted and approved this 4th day May, 1953. RUBEN V. AUSTIN, Mayor, CLARENCE P. WELU, RAY E KOLB, LEO N. SCHUELLER, CHARLES A, KINTZINGER, Councilmen. Attest J. J, SHEA, City Clerk. Cauncilmzu Ifolb moved the ad- doptian of the resolution, Seconded by Councilman Kintzinger. Car- ried by the following vote: Yeas--Iayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 217-53 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No, 141-53 which was duly passed by this Council, for the improvement of Edith Strut with asphaltic Macadam surfacing from the West property line of Burden Avenue to the East prop- erty line of Brunswick street be and the same is hereby ordered constructed by this Council upon its own motion. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk, Be It Further Resolved that the cost and expense of the said im- provements be paid for by 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 propor- tion to the special benefits con• Bored, and labor and equipment costs shall be paid out of the street funds, Payment will be made 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 ~vark has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed ur• gent 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 23rd day of April, 1953, Passed, adopted and approved this 4th day May, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P, WELU, RAY F, KOLB, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Kolb moved the ad- option of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council• men, Kintzinger, Kolb, Schueller, Welu, Nays-None. (Ordering Construction) RESOLUTION N0. 216-53 Be It Resolved by the City Council Of The City Of Dubuque that pursuant to a resolution of necessity No. 144.53 which was duly passed by this Council, far the improvement of Emerson Street with asphaltic Macadam surfac• ing from the East property line of Lincoln Avenue to the West prop• erty line o£ Garfield Avenue be and the same is hereby ordered constructed by this Council upon Regular Session, May 4th, 1953 333 its own motion. All the work shall be constructed in accordance with the plans and specificatiens here- tofore adapted and no~v on file iu tl~e offioe of t're City C1er1:. Be It rurti:er Resolved that the cost and expanse of tl_e said i a~. provemento be paid for by levy- ing special assessments against the privately ov~ned property lying within tiie assessable distance fi•om tl~e improves;~?nts, wflret~°er such property <.btit upon tae same m' Fr,e adjacent thereto, according to tl;e area thereof and in propor- iion to the sz~,ecial benefits con- fcred, a~ul labor and equipinont orals shall be paid out of the sheet fronds. Payment will be made out of funds r~sa1_ized from the sale of bonds to bo issued in anticipation cf deferre 1 payments c£ assess- mcuts as provided by law after tl:e work has been completed anti accepted by the City Council. Be it Ftrtl?er Resolved that this resolution being deemed ur- gent and of imm.ediato necessity shall be in force acid effect from and after its passage and adoption by the City Co~.mcil. Approved and placed on file for final a.d.oaion this 23rd day of Ap~ il, s, 53. l~asse~l, adoi~ted and approved this 4th day Ma,,, 1953. RUBEN V. AUSTIN, I1~dayor. CLAR.ENCE P. WELU, RAY F. I{OLB, LEO N. SC'IUELL ER, CHAR`.E5 A. 1?iw~TLINGER CouncIlmen Attest: J, J. SHEA, City Clerk, Councilman L~olb moved the ad- o,aicn of the resolution. Seconded by Councilman U~intzingor. Carried l;y the following vote: Yeas-"Jfayer Austin, Councl- ~aren Kintzinger, Kolb, Scinieller, tTiielu, Nays-i~; one, (Ordering Construction) RESOLUTION N0. 219-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity lie. 147-53 which was duly passed by this Council, for the improvement of Finley Street with asphaltic macadam surfacing from the Northwest property line of University Avenue to the East property line of Bunker Hill Road. Be and the same is hereby ordered constructed by this Coun• oil upon its own motion. 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 propor- tion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds, Payment will be made 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KIIVTZIlVGER Councilmen Attest; J, J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 220-53 Be It Resolved by the City Council of the City of Dubuque 33~ Reg<dar Session, May 4th, 1953 that pursuant to a resolution of necessity No. 150-53 which was duly passed by this Council, for the improvement of Garfield Ave- nue with asphaltic macadam sur- facing from the north property line of Roosevelt Street to the South property line of Stanton Street. Be and the same is hereby ordered constructed by this Coun- cil upon its own motion. 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 propor- tion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made 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 orr file far final adoption this 23rd day of April, 1953. Rescinded this 4th day of P,Iay, 1953. Councilman Welu moved that the resolution be rescinded. Sea onned by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Cons4rue4ion) RES®LUYION N0. 221-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 153-53 which was duly passed by this Council, for the improvement of Lenox Avenue with asphaltic macadam surfacing from the west property line of University Avenue to the West property lice of Brown Avenue, Be and the same is hereby ordered constructed by this Coun- cil upon its own motion. 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 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, according to the area thereof and in propor- tion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KIlVTZINGER Councilmen Attest: J, J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Regular Session, May 4th, 1953 335 (Ordering ConsfrusPion) RES®LUYI019 hlOa 222-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 156-53 which was duly passed by this Council, for the improvement of Link Street with asphaltic macadam surfacing from the West property line of Burden Avenue to the East prop- erty line of Brunswick Street, Be and the same is hereby ordered constructed by this Coun- cil upon its own motion. 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 awned 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 labor and equipment costs shall be paid out of the street funds. Payment will be made out of funds realized from the sale of bands to be issued in anticipation of deferred payments of assessments as provided by law after the worlc 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 farce and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 23rd day of April, 1953, Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAI' F. KOLB LEO N. SCHUELLER CHARLES A. I{IDITZINGER Councilmen Attest: J. J, SHEA, City Clerk. Councilman I£olb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, I{olb, Schueller, Welu. Nays-None. (Ordering Construz#ion) RESGLUYIOPd PdO. 223-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 159-53 which was duly passed by this Council, for the impro~,~ement of Itilontcrest Street with asphaltic macadam sur- facing from the east property line of Abbott street to a point 320 feet east of the east property line of Woodworth street. Be and the same is hereby m•dered constructed by this Coun• cil upon its own motion, All the work shall he 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 propor- tion to the special benefits con- ferred, and labm• and equipment costs shall be paid out of the street funds. Payment will be made out of fiords 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 he in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 23rd day of April, 1953. ~~~ r~.'- ::,,: ~.; r::: ,~o .~°: ry__' ~`°: ~ ~~°; rs'~s :~:.. 336 Regular Session, May 4th, 1953 Passed, adopted and approved this 4th day of May, 1953. RUBEN V, AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J, J, SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution, Sec- onded by Councilman Kintzinger. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 224-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 168-53 which was duly passed by this Council, for the improvement of Prescott street with asphaltic macadam surfacing from the north property line of Hamilton street to the South prop- erty line of Emerson Street. Be and the same is hereby ordered constructed by this Coun- cil upon its own motion. 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 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 propor- tion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made out of fends 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. I{OLB LEO N. SCHUELLER CHARLES A. KRVTZINGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. (Ordering Construction) RESOLUTIONI N0. 225-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 171-53 which was duly passed by this Council, for the improvement of Primrose street with asphaltic macadam sur- facing from the north property line of Kane street to the south property line of Muscatine street. Be and the same is hereby ordered constructed by this Coun- cil upon its own motion. A11 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 propor- tion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made 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- Regular Session, May 4th, 1953 337 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953, RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KLVTZINGER Councilmen Attest: J. J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the fallowing vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RE50LUTIOIV N0. 226-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 174-53 which was duly passed by this Council, for the improvement of Ramona Street with asphaltic macadam surfacing from the North Property line of Lot 1.16 of M. Walter's Addition to the South property line of Mt. Loretta Avenue. Be and the same is hereby ordered constructed by this Coun- cil upon its own motion. 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 itprovements, 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 labor and equipment costs shall be paid out of the street funds, Payment will be made 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953, RUBEN V. AUSTIN Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZIIVGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Peas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, (Ordering Construction) RE50LUT10N h10. 227-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 177-53 which was duly passed by this Council, for the improvement of Roosevelt street with asphaltic macadam sur- facing from the east property line of Rhomberg Avemte to the west property line of Garfield Avenue. Be and the same is hereby ordered constructed by this Coun- cil upon its own }notion. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adapted 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 33d Regular Session, May 4th, 1953 the improvements, whether such property abut upon the same ot• are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made out of funds realized from the sale of bonds to be issued in anticipation of daferred 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 Cotmcil. Approved and placed on file for final adoption this 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk, Cotmcilman Kolb moved the adoption of the resolution, Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Constrncfion) RE50LUTi0h6 N0. 228-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No, 180-53 which was duly passed by this Council, for the improvement of St. Ambrose street with asphaltic macadam sur- facing from the north property line of Seminary Street to the north property line of Fairway Drive. Be and the same is hereby ordered constructed by this Coun- cil upon its own motion. 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 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 propor- tion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made out of funds realized from the sale of bonds to be issued in anticipation of daferred 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V, AUSTIN Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZIIiTGER Councilmen Attest: J. J, SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution, Sec- onded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Wehi. Nays-None. (Ordering Cansfruction) RESOLU'PIOi~ N0. 229-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 183-53 which was duly passed by this Council, for the improvement of Seminary Street with asphaltic macadam sur- facing from the west property line of St. Ambrose street to the east property line of Asbury Street. Be and the same is hereby ordered constructed by this Ceun- I, cil upon its own motion. All the regular Session, May 4th, 1953 339 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 propor- tion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made 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 23rd day of April, 1953, Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Couneihnen Attest: J, J, SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution, Sec- onded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Austin, Council- men I{intzinger, Kolb, Schueller, Welu. Nays-None. (Ordering ConsfracPion) RESOLU`d10~1 N0, 23fl-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 186-53 which was duly passed by this Council, for the improvement of Stetmore street with asphaltic macadam sur- facing from 20 feet west of the East property line of lot 17 of Babcock's Addition to the nm•th property line of Marion street. Be and the same is hereby m•dered constructed by this Coun• cif upon its own motion. 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 propor- tion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made 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 Councih 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953, RUBEN V. AUSTIN Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZIlVGER Councilmen Attest: J, J, SHEA, City Clerk. Councilman Kalb moved the adoption of the resolution, Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. 340 Regular Session, May 4th, 1953 (Ordering ConsPruction) R~SOLUi'IOEd f~O. 231-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 189-53 which was duly passed by this Council, for the improvement of Sunnyview Drive with asphaltic macadam sur- facing from the west property line of St. Ambrose street to the east property line of Bunker Hill Road. Be and the same is hereby ordered constructed by this Coun- cil upon its awn motion. 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 1t 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 labor and equipment costs shall be paid out of the street funds. Payment will be made 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIIV Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Canstrucfian) R~SOLUTIOtd ~0, 232-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 192-53 which was duly passed by this Council, for the improvement of Sutter street with asphaltic macadam surfacing from the East property line of Queen street to the West prop- erty line of Windsor Avenue. Be and the same is hereby ordered constructed by this Coun- cil upon its own motion. 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 Clerlt. Be It Further P~esolved 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 labor and equipment costs shall be paid out of the street funds. Payment will be made 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 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTRV Mayor CLARENCE P. WELU RAY F. IfOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk, i l Regular Session, May ~, 1953 341 Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Couneil• men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Consfruction) RBSOLUgI0t2 IqO, 233-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 195-53 which was duly passed by this Council, for the improvement of West 16th street with asphaltic macadam sur- facing frotat the Last p°cperty line of Catherine Street to a point 70 feet East of the East property line of Henion Street. Be and the same is hereby ordered constructed by this Coun• cil upon its own motion. 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 propor- tion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made 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 Cotmcil. 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 23rd day of April, 1953, Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCIIUELLER CHARLES A, KIIQTZRVGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kalb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Cons4ruction) R~SOLUTIOR4 [dO 234-53 Be It Resolved by the City Cotmcil of the City of Dubuque that pursuant to a resolution of necessity No. 198-53 which was duly passed by this Council, for the improvement of Whittier Street with asphaltic macadam sur- facing from the East property line of Rhomberg Avenue to West prop- erty line of Garfield Avenue. Be and the same is hereby ordered constructed by this Coun- cil upon its own motion, 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 propor- tion to the special benefits con- ferred, and labor and equipment casts shall be paid out of the street funds. Payment will be made 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 farce and effect from and ~., ~, . ~;Y ,, -- ,- ~y;` =< `; 342 Regular Session, May 4, 1953 after its passage and adoption by the City Council. Approved and placed on file for final adoption this 23rd day of April, 1953. Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 240-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 117-53, being the Resolution of Necessity for permanently improv- ing Abbott Street from the SPL of Lowell Street to the WPL of Montcrest; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connectior. within the time set out in thi: Resolution, then the City Manages shall proceed to have said con nection made upon a contrac! made and entered into for than purpose and upon completion, re port said fact together with the cost thereof to the City Council whereupon the cost of such con section shall be assessed against such abutting property. Adopted this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZIlVGER 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 Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 249-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 117-53, being the Resolution of Necessity for permanently improve ing Bunker Hill Road from the SPL of Finley Street to SPL of Asbury Road; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby requh•ed to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- e nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. Regular Session, May 4, 1953 343 Adopted this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB 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- - Tied by the following vote: Yeas-Mayor Austin, Council• men I{intzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 242-53 Resolution Requiring Abutting Property Owners to Make Sewer and Watei• Connections. Whereas, the City Council has heretofore adopted Resolution No. 1 117-53, being the Resolution of Necessity for permanently improv- ing Edith Street from WPL of Burden Avenue to EPL of Bruns- wick Street;; Now, Therefore, Be It Resolved By The City Cotmcil Of The City Of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or• refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- pm•t said fact together with the cast thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. Adopted this 4th day of May, 1953. RUBEN V. AUSTIIV Mayor CLARENCE P. WELD RAY F. KOLB LEO N.SCHUELLER CHARLES A. KHVTZIIVGER 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 Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 243-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 117-53, being the Resolution of Necessity fm' permanently improv- ing Finley Street from NW prop- erty line of University Avenue to EPL of Bunker Hill Road; Now, Therefore, Be It Resolved By `1'he City Council Of The City Of Dubuque, Iowa; Section 1. That the owners of all property abutting on said im- provement are hereby required to snake connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. 344 Regular Session, May 4, 1953 Adopted this 4th day of May, 1953, RUBEN V. AUSTIN Mayor CLARENCE P, WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KRJTZINGER 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 Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Adopted this 4th day of May, 1953, RUBEN V. AUSTIN Mayor CLARENCE P, WELU RAY F. KOLB 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 .Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 244-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No, 117-53, being the Resolution of Necessity for permanently improv- ing Link Street from WPL of Bur- den Avenue to EPL of Brunswick Street; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. Tltat the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall £ail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Cotmcil, whereupon the cast of such con- nection shall be assessed against such abutting property. RESOLUTION N0. 245-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 117-53, being the Resolution of Necessity for permanently improv- ing Monterest Street from the EPL of Abbott Street to 320 feet East of the EPL of Woodworth Street; Now, Therefore, Be It Resolved '~~ TLe City Council Of The City Of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to mako connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2, That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3, That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con• nection shall be assessed against such abutting property. 345 Adopted this 4th day of May, 1953, RUBEN V. AUSTIN Mayor - CLARENCE P, WELD RAY F. KOLB 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 Austin, Council- . men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 246-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 117-53, being the Resolution of Necessity for permanently improv- ing Prescott Street from the NPL of Hamilton Street to SPL of Emerson Street; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No, 128, ordering compliance with this Resolution; Section 3, That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. Adopted this 4th day of May, 1953. RUBEN V. AUSTRV Mayor CLARENCE P. WELU RAY F, KOLB 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 Austin, Council- men I{intzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION NO. 247-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 117-53, being the Resolution of Necessity for permanently improv- ing Primrose Sty°eet from NPL of Kane Street to SPL of Muscatine Street; Now, Therefore, Be It Resolved By The City Council Of The City Of D~~ i?~.u1ue, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with No. 128, ordering compliance with this Resolution; Section 3, That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. 346 Regular Session, May 4, 1953 Adopted this 4th day of May, 1953. RUBEN V. AUSTN Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KRVTZINGER 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 Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Adapted this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB 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 Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLl1TI0N X10. 248-53 Resolution Requiring Abutting Property Ownet•s to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 117-53, being the Resolution of Necessity for permanently itnpt•ov- iug Ramona Street from NPL of Lot 1.16 of M. Walters Addition to SPL of Mt. Loretta Ave. Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the owners of all property abutting an said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with No. 128, ot•der•ing compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that put•pase and upon completion, re- port said fact together with the cost thet°eof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. RES06UTION PlO. 244-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 117-53, being the Resolution of Necessity for permanently improv- ing St. Ambrose Street from SPL of Seminary Street to NPL of Fair- way Drive; Now, Therefore, Be It Resolved By The City Council Of The City OY Dubuque, Zc•.va: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with No. 128, ordering compliance with this P,esolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. i Regular Session, May 4, 1953 347 Adopted this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KRVTZINGER 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 Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. RE50LUTI0~J b10. 25®--53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 117-53, being the Resolution of Necessity for permanently improv- ing Seminary Street from the NPL of St. Ambrose Street to the NPL of Asbury Street; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the owners of all pt°operty abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cast of such con- nection shall be assessed against such abutting property. Adopted this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB 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 Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. IgESOLUTI0h1 VqO. 251-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adapted Resolution No. 117-53, being the Resolution of Necessity for permanently improv- ing Shiras Avenue from NPL of Rhombet•g Avenue to a paint 120 feet North of NPL of Courtland Street; Now, Therefore, Be It Resolved By The City Council Of The City fyP ~abuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con• nection made upon a contract made and entered into far that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. 1 r;,, i:~: ' €_;; #< ~' 34B Regulai Session, I~ay 4, 1953 Adopted this 4th day of May, 1953, RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB 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 Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Adopted this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. IfINTZRJGER 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 Austin, Council- men F~intzinger, Kolb, Schueller, V1elu, Nays-None. RESO6UTI®Pd N0. 232-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections. Whereas, the City Council has heretofore adopted Resohition No. 117-53, being the Resolution of Necessity for permanently improv- ing Sunnyview Drive from the `r7PL of St. Ambrose Street to the EPL of Bunker Hill Road; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1, That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with No. 128, ordering compliance with this Resolution; Section 3, That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property, RES®LUTIORI N0. 253-53 Resolution Requiring Abutting Property Owners to Make Sewer and Water Connections, Whereas, the City Council has heretofore adopted Resolution No. 117-53, being the Resolution of Necessity for permanently improv- ing West 16th Street from EPL of Catherine Street to a point 70 feet East of the EPL of Henion; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer and water mains to the curb line of said property prior to June 4, 1953; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such can- neetion shall be assessed against such abutting property. regular Session, ~Iay 4th, 1953 349 Adopted this 4th day of May, 1953, RUBEN V, AUSTIN Mayor CLARENCE P. WELU RAY F, KOLB 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 Austin, Council- - men Kintzinger, Kolb, Schueller, Welu. Nays-None. RES®LUT!®i~ tJ®. 2553 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 Canfield Hotel Corporation, 36 West Fourth Street, Martin M. Meyer and Vernon Meyer, 530 East 22nd Street. Dell Warren and Ralph Warren, 1700 Central Avenue, Bernice D. Jenkins and Frank J. Fitzpatrick, 576 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf and Country Club, 260 Randall Place. CLASS "C" PERMIT R, Daniel Winders, 2204 Central Avenue. Earl T. Avery, 1602 Lincoln Ave. Passed, adopted and approved, this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P, WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A, KLVTZINGER Councilmen Attest: J. J, SHEA, City Clerk. Councilman V~Jelu moved the adoption of the resolution, Sec- onded by Councilman Kolb, Car• Tied by the following vote: Yeas-Maym• Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RES6kUTl®N N®. 255-53 Whereas, heretofm•e 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 proper bonds: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit, CLASS "B" PERMIT Canfield Hotel Corporation, 36 West Fourth Street, Martin M. Meyer and Vernon Meyer, 530 East 22nd Street. Dell Warren and Ralph Warren, 1700 Central Avenue, Bernice D. Jenkins and Frank J. Fitzpatrick, 576 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuq>>.e Golf and Country Club, 260 Randall Place. CLASS "C" PERMIT R. Daniel Winders, 2204 Central Avenue. Earl T, Avery, 1602 Lincoln Ave, Be It Further Resolved that the bonds filed by such applicants be and the same are hereby ap- proved. Passed, adopted and approved this 4th day of May, 1953, RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZIIVGER Councilmen Attest: J. J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. y, ~;~ , . i d 3 ~. r i i r t a:i l; ~„ ?, ti ~'''~. ... i' a; ~`` ~' ~,. ~_ ~, 350 Regular Session, May 4th, 1953 RES®Lt1Tl®I~ hl®. 256°53 Resolution Accepting Sanitary Sewer Constructed in Kauffman Avenue, Pursuant to Ordinance No. 1-53 by Mount Saint Bernard Seminary. Whereas under the provisions of Ordinance No, 1-53 Mount St, Bernard Seminary has constructed a sanitary sewer in Kauffman Ave• nue; and Whereas the City Engineer has inspected the same and the City Manager has recommended its ac- ceptance; and Whereas the permittee under said Ordinance has filed with the City Council a certified statement showing that all amounts paid out by it in connection with the con- struction of said sewer, including engineering fees, amount to $29,- 858.55; Now Therefore, Be It Resolved by the Council of the City of Du- buque: Section 1. That said sewer is hereby accepted by the City of Dubuque and that the same be hereafter a public sewer under the exclusive charge of the city of Dubuque; Section 2, That the acceptance of said sewer by the City of Du- buque and the establishment of the same as a public sewer shall not be constructed to relieve Mount Saint Bernard Seminary, or its con- tractor, Saffron Construction Com- pan, or its bandsmen, from their obligation, or the obligation of any one of them, to keep said sewer in good repair for a period of not less than two (2) years from the date of this Resolution, as provided in Ordinance No. 1-53; Section 3. That hereafter any person ar persons desiring to con- nect with said sewer, excepting Mount St, Bernard Seminary and St. Mary's Orphan Home, shall first apply to the City Manager for permission so to do and such permission shall be granted upon condition that the applicant shall pay to the City Treasurer for the account of Mount Saint Bernard Seminary a connection charge in the amount of $3.37 per front foot of land to be sewed by said con- nection. However, nothing in this Resolution shall be construed to exact any charge for any exten- sions of said sewer made by the City of Dubuque, or its permittees. Passed, adopted and approved this 4th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KRVTZINGER Councilmen Attest: J. J, SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sec- onde by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Communications of Wm. Erner, Robert Lammer, K. J, Tangeman, Ethel Bewer, E. R. Thompson, A. E. Cosgrove, Fred C, Hersche, Wil- lard J. Grace, President of Natio- nal Association of Letter Carriers, also from the people living in the Point District, Lincoln and Staf- ford Avenues relative to the enact- ment of thL proposed dog ordin- ance, presented and read, Councilman Welu moved that the communications be received and filed. Seconded by Council• man Kolb. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Schueller moved that the rules be suspended for the purpose of allowing anyone present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man I{intzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. A lengthy discussion was held on the matter of a dog ordinance and the enforcement of the same. Councilman Schueller moved that the City Manager and City Solicitor be instructed to confer Gvith the Dubuque Humane So- ciety and urge their co-operation in the housing and disposition of Regular Session, May 4th, 1953 351 stray dogs and after said confer ence that an ordinance be pre- pared requiring that dogs be kept on owners premises in enclausures and if allowed on public streets that they be kept on leashes and also that said ordinance have em- bodied an enforcement clause, Seconded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, I{olb, Schueller, Welu. Nays-None. J, J. Shea, City Clerk. Approved .............................. 1953 Adopted ................................ 1953 Councilmen: ~ ................................ . Attest : ........................................ City Clerk 352 5pecial 5ession, May 12th, 1953 a o (C~~ici~to) Special Session, May 12th, 1953. Council met at 7,30 P.M. Present-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. City Manager Schiltz. Meeting called by order of Mayor Austin. Mayor Austin read the call and stated that service thereof had been duly made and that this meet- ing is called far the purpose of considering bids submitted by con- tractors for the construction of concrete curb and gutter on vari- ous streets and acting on any ether business as may properly come before a regular meeting of the City Council. Proof of Publict,tian, cortified to by tl:e publishers, of notice to eontractors of the receipt of pro- posals for t:-e construction of con- crete curb and gutter on the fol- loroving portions of the following streets, to•wit: Alta Place fiom the south prop- erty line of Fillmore Street to the south end of Alta Place. Abbott Street from the south property line of Lowell Street to the north property line of Mont- crest Street. Beverly Avenue fiom the south property line of Lenox Avenue to the end of Beverly Avenue. Brown Avenue from the west property line of University Ave- nue to the east property line of Carlton Avenue. Bunker Hill Road from a point 18 feet south of the south prop- erty line of Finley Street to the south property line of Asbuty Street. Bunker Hill Road from the north property line o£ Seminary Street to the south property line of Fairway Drive. Burlington Street from the west property line of Lot 79 of Mc- Daniel's Park Hill Addition to the west property line of National Street. Edith Street from the west prop- erty line of Burden Avenue to the east property line of Brunswick Street. Emmerson Stre-et from the east property line of Lincoln Avenue 5pecial5ession, i'~ay 12th, 1953 353 to a point 70 feet east of the east property line of Henion Street, presented and read. Councilman Welu moved that proof of publication be received and filed. Seconded by Council- - man Kalb. Carried by the follow- - ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. May 12, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A.M, on May 12, 1953 for the construction of concrete curb and gutter for City of Dubuque 1953 Curb and Gutter Project No. 2. Attached is the tabulation of bids received. I recommend that the contract be awarded to Schueller & Com- pany who submitted the lowest bid received which was 21.35% under the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Awarding Con4ract) R€SOLUYB®N h10. 257-53 Whereas, sealed proposals have been submitted by contractors for the improvement of the following portions of the following streets by installing concrete curb and gutter thereon, to-wit: Alta Place from the south prop- erty line of Fillmore Street to the south property line of Alta Place. Abbott Street from the south property line of Lowell Street to the north property line of Mont- crest Street. Beverly Avenue from the south property line of Lenox Avenue to the end of Beverly Avenue. Brown Avenue from the west property line of University Avenue to the east property line of Carl- ton Avenue. Bunker Hill Road from a point 18 feet south of the south prop- erty line of Finley Street to the south property line of Asbury Street. Bunker Hill Road from the north property line of Seminary Street to the south property line of Fairway Drive. Burlington Street from the west property line of Lot 79 of Me- Daniel's Park Hill Addition to the west property line of National Street. Edith Street from the west property line of Burden Avenue to the east property line of Bruns- wick Street. E~.:<<tersen Street from the east property line of Lincoln Avenue to t'~e ;3•+ssi property line of Gar- field Avenue. Finley Street from the north- west property line of University Avenue to the east property line of Bunker Hill Road. Garfield Avenue from the north property line of Roosevelt Street to the south property line of Stan- ton Street. Lenox Avenue from the west property line of University Ave- nue to the west property line of Brown Avenue. Link Street from the west prop- erty line of Burden Avenue to the east property line of Brunswick Street. Montcrest Street from the east property line of Abbott Street to a point 320 feet east of the east property line of Woodworth Street. Prescott Street from the north property line of Hamilton Street to the south property line of Emerson Street. Primrose Street from the north property line of Kane Street to the south property line of Musca- tine Street. Ramona Street from the north property line of Lot 1-16 of M, Walter's Addition to the south property line of Mt. Loretta Ave. Roosevelt Street from the east property line of Rhomberg Ave- nue to the west property line of Garfield Avenue. St. Ambrose Street from the north property line of Seminary Street to the north property line of Fairway Drive. Seminary Street from the west property line of St. Ambrose to the west property line of Gar- field Avenue. Finley Street from the north- west property line of University Avenue to the east property line of Bunker Hill Road. Garfield Avenue from the north property line of Roosevelt Street to the south property line of Stan- ton Street. Lenox Avenue from the west property line of University Ave- nus to the west property line of Brown Avenue. Link Street from the west prop- erty line of Burden Avenue to the east property line of Brunswick Street. Montcrest Street from the east property line of Abbott Street to a point 320 feet east of the east property line of Woodworth Street. Prescott Street from the north property line of Hamilton Street to the south property line of Emer- son Street. Primrose Street from the north property line of Kane Street to the south property line of Musca- tine Street. Ramona Street from the north property line of Lot 1.16 of M. Walter's Addition to the south property line of Mt. Loretta Ave. Roosevelt Street from the east property line of Rhomberg Avenue to the west property line of Gar- field Avenue. St. Ambrose Street from the north property line of Sminary Street to the north property line of Fairway Drive. Seminary Street from the west property line of St. Ambrose Street to the east property line of As- bury Street. Stetmore Street from 20 feet west of the east property line of Lot 17 of Babcock's Addition to the north property line of Marion Street. Sunnyview Drive from the west property line of St. Ambrose Street to the east property line of Bunker Hill Road. Sutter Street from the east property line of Queen Street to the west property line of Windsor Avenue. Whittier Street from the east property line of Rhomberg Avenue to the west property line of Gar- field Avenue. West 16th Street from the east property line of Catherine Street _ ~<° <' :';: ;; -'- -, 1;, ~; ~.r~., ~i _~~ u 354 Special Session, May 12th, 1953 Street to the east property line of Asbury Street. Stetmore Street from 20 feet west of the east property line of Lot 17 of Babcock's Addition to the north property line of Marion Street. Sunnyview Drive from the west property line of St. Ambrose Street to the west property line of Bunker Hill Road. Sutter Street from the east property line of Queen Street to the west property line of Windsor Avenue. Whittier Street from the east ', property line of Rhomberg Ave- nue to the west property line of Garfield Avenue, West 16th Street from the east property line of Catherine Street to a point 70 feet east of the east property line of Henion Street, pursuant to Resolution No. 236-53 and notice to bidders published in a newspaper published in said City on April 24th, 1953 and April 27th, 1953, and Whereas, said sealed proposals were opened and read on May 12th, 1953, and it has been de- termined that the bid of Schueller & Company of Dubuque, Iowa in the amount of $76,086.95 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the ocntract for the above mentioned improvement be award- ed to Schueller and Co, and the Manager be and he is hereby di• rected to execute a contract on behalf of the City of Dubutpie for the complete performance of said work. Be It Further Resolved, that upon the signing of said contract and the approval of the contrac- tors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Approved and placed on file for one week on May 12th, 1953. Councilman Kolb 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 1•emain olt file far public inspection for at least one week before final adop- tion. Seconded by Councilman Kintzinger. Carried by the follow- ing vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. May 12, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In approving the street pro- gram far 1953, the type of sur- facingfor streets in the downtown area was not determined at the time of approval. The Engineering Department has spent considerable time evaluat- ing what surface type would be most practical and economical over the life of the pavement, The types of surface that have been considered are concrete and asphaltic concrete, Both of these surfaces have proved to be prac- tical with concrete the most de- sirable. There were many other factors to be given consideration, such as cost of removal of brick, removal of old ties, heights of curbs and the closing of streets to traffic. With asphaltic concrete surfac- ing most of the old brick surface can remain in place to make a heavier base and traffic can use the streets immediately upon com- pletion. With concrete this period would be fourteen days, The esti- mated cost of concrete surfacing is about 25% more than asphaltic concrete. After weighing carefully all the factors I recommend that the fol- lowing streets be surfaced with asphaltic concrete; Sixth Street-Central to Locust, Seventh Street-Central to Loc- ust. Eighth Street-Central to Uni- versity, Seventh Street-Central to Loc- ust. Eigl_th Street-Central to Uni- Bei Ali ;~. Ninth Street-Central to Bluff, Eleventh Street -Central to Bluff. Twelfth Street-Central to Main. Hill Street Eighth to West 3rd Stt°eet. Special Session, May 12th, 1953 355 I recommend that the following street be surfaced with concrete: Eighth Street from Central to East end of street. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved the the recommendations of City Man- ager Schiltz be approved, Sec- onded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Austin, Cotmcil- .men Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION 1~0. 255-53 Preliminary approval of pro- posed plans, specifications, fot°m of contract, plat and schedule and all other documents for the im- provement of the following streets by surfacing the same with Hot Mix, Hot Laid Asphaltic Concrete, to-wit: Eighth Avenue from the west property line of Central Avenue to the north property line of Hill Street. Hill Street from the south prop- erty line of Eighth Avenue to the north property line of West Third Street. Ninth Street from the east property line of Bluff Street to the west property line of Central Avenue. Seventh Street from the east property line of Locust Street to the west property line of Central Avenue. Sixth Street from the east prop- erty line of Locust Street to the west property line of Central Avenue, West Eleventh Street from the east property line of Bluff Street to the tivest property line of Cen- tral Avenue, West Twelfth Street from the east property line of Main Street to the west property line of Cen- tral Avenue, estimated cost $146; 237,80, presented and read. Councilman I{olb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. R~SOLUi°I®N N®. 259-53 Be It Resolved by the City Council of the City of Dubuque, Iowa, on its own motion: Section 1, That it is deemed ad- visable and necessary for the public welfare to make and pro- vide street improvements under the provisions of Chapter 391 of the 1950 Code of Iowa, by resurfac- ing on the following portions of the following named streets with hot mix, hot laid asphaltic con- crete, to-wit; Eighth Avenue from the west property line of Central Avenue to the north property line of Hill Street, Hill Street from the south prop- erty line of Eighth Avenue to the north property line of West Third Street. Ninth Street from the east property line of Bluff Street to the west property line of Central Avenue. Seventh Street fiom the east property line of Locust Street to the west property line of Central Avenue. Sixth Street from the east prop- erty line of Locust Street to the west property line of Central Avenue, West Eleventh Street from the east property line of Bluff Street to the west property line of Cen- tral Avenue, West Twelfth Street from the east property line of Main Street to the west property line of Cen- tl°Wl AvEn?1a. Section 2. Said improvements shall be constructed under con- tract and in accordance with the plans and specifications which have been prepared by the City Engineer and which have been ap- proved by the City Council and are now on file in the office of the City Clerk. Section 3. That the cost and ex- pense of making said improve- ments will be assessed upon and against all privately owned prop- erty lying within the assessable distance provided by law and in an amount not to exceed the amotmt provided by law. Property will be assessed whether the same abuts on any of said portions of said street or is adjacent thereto, according to area and in propor• 356 Special Session, Niay 12th, 1953 trop to the special benefits con• ferred thereby, and any deficiency shall be paid out of the street fund. The railway portion of any such streets shall be assessed against the railway company, Section 4. That the City Council by this resolution gives notice of its intention to issue bonds as pro• vided by Section 396.5 of the Code of Iowa, 1950, far the purpose of pl°oviding for the payment of the assessed cost of said improvements; said bonds to be issued in antici- potion of the deferred payment of the assessments levied therefor, and that said bonds will be sold at public sale in the manner provided by law, but shall not be sold for less than their par value with acorued interest from date of bonds to the time of delivery thereof, Section 5. That unless property owner's at the time of final con• sideration of this resolution have on file with the City Clerk objec- tions to the amount of the pro• posed assessment, they shall be deemed to have waived all objec- tions thereto. Section 6. Por purpose of brevity and reference all the foregoing im• provernents shall be known as "City of Dubuque Downtown Re• surfacing Program." Introduced, approved and ordered placed on file tvitlr the City Clerk this 12th day of May, 1953. RUBEN V. AUSTRV Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KLVTZINGER Councilmen Attest: J. J, SHEA, City Clerk. Councilman Kolb moved that the resolution just read being a resolution ordering a street im- provement be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (fixing dafe of hearing) kI~SOLUTIOi~ b10. 260-33 tiVhereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 258-53 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 the following portion of the following streets by sm'facing the same with Hot Mix, Hot Lard Asphaltic Concrete, to- wit: Eighth Avenue from the west property line of Central Avenue to the north property line of Hill Street. hill Street from the south prop- erty line of Eighth Avenue to the north property line of West Third Street, Ninth Street from the east property line of Bluff Street to the west property line of Central Avenue. Seventh Street from the east property line ~of Locust Street to the west property line of Central Avenue. Sixth Street from the east prop- erty line of Locust Street to the west property line of Central Avenue. West Eleventh Street from the east property line of Bluff Street to the west pi•oper'ty line of Cen- tral Avenue. West Twelfth Street from the east property line of Main Street to the west praper'ty line of Cen- tral Aven.~e. and, Whereas, the proposed Resolu- tion cf P~acessity far said improve- ?"iieni i3as been introduced and is no„~ en file in tl;e City Clerk's office for public inspection. Be It Tirereforr Resei_vedtliat on the 1st day of Jung, 1953, a public hearing will he Held at 7:30 o'elack P,M, in the Cotmcil Cham- fer in_ the City of Dubuque at ;vl~iah tis.F the owners of property subiect to assessnrcnt for the pro• po;,eG rrr-inove.:.eni may appear an:i male objeetimr to the pro• lao~ed plans and specifications and p:oposed foam of eolltraet and at tie same til?ae to the boundaries of the prapcsed district, to rho cost of the improvement, to the Special Session, IVIay 12th, 1953 357 afoot=.nt proposed to b~ assessed against an~,• i0t :.itil to tl,e p~assag^ of tl~e prepcse_l Reselutiml of ~:.. r i~?wcessity and file ~,~~y clerk be ali he is I?ereh, ~:~ii~ccted to ccuse a notico of tale lhne and. place of such hearin to l:.e pui~Lshed in same ncwspauer published in the city of DuLargtaq the last ci which shall be not less th:zn t~:o (2) nor more than four (4) ~;veel;s pricy to tiie day fixed =ar its consideration a?ld uirless property owners at tho tlilie OT Ti13n1 CinlaiCl?ratlvn Of 6a1`w resolution ]lava on file tT~~ith the Clerk objections to the an~oimt of tl;e pioposeil assessments, they shall have beer, deerm~ed to Have ft-aired all cbjeetions thereto, at ~vhicli r^aring the Council will hear ;t~r}3 !;v-~°^R~,inS as".nCl ^-ntc"1' 031 record i±q final decision thereon. Passed, adopted and approved this 12th day of May, 1953, RUBEN V. AUSTIIV Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Isolb, Schueller, Welu. Nays-None, R~SOLUYION N0. 261-53 Prelirninary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of the following por- tions of the following streets by surfacing the same with Class 1 concrete pavement, to-wit; North Algona Street from the north property line of Grace Street to the south property line of Uni- versity Avenue. East Eighth Street from a point 8 feet east of the west property line of Pine Street to the east property line of Central Avenue. Kirkwood Street from a point 141 feet west of the west property line of Alta Vista Street to the west end of Kirkwood Street, esti- mated cost $51,510.70, presented and read. Councilman Schueller moved the adoption of the resolution, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. RESOLU~'ION N0. 262-53 Be It Resolved by the City Council of the City of Dubuque, Iowa, on its own motion, Section 1, That it is deemed ad- visable and necessary for the public welfare to make and pro• vide street imps°ovements under the provisions of Chapter 391 of the 1950 Code of Iowa, by resur- facing on the following portions of the following named streets with Class 1 concrete pavement, to-wit; North Algona Street from the North property line of Grace Street to the South property line of University Avenue, East Eighth Street from a point 8 feet east of the West property line of Pine Street to the East property line of Central Avenue. Kirkwood Street from a point 141 feet West of the West Property lane of -Alta Vista Street to the West end of Kirkwood Street. Section 2. Said improvements shall be constructed under con- tract and in accordance with the plans and specifications which have been prepared by the City Engineer and which have been approved by the City Council and are now on file in the office of the City Clerk, Section 3. That the cast and ex• pease of making said improve- ments will be assessed upon and against all privately owned prop- erty lying within the assessable c~~ista.rtce p_~evided by late and in an amount not to exceed the amount provided by law. Property will be assessed whether the same abuts on any of said portions of said street or is adjacent thereto, ac- cording to area and in proportion to the special benefits conferred then°eby, and any deficiency shall be paid out of the street fund. The railway pm'tion of any such streets shall be assessed against the rail- way cornpariv. 35~ Special Session, 1Viay 12th, 1953 Section 4. That the City Council by this resolution gives notice of its intention to issue bonds as pro- vided by Section 396.6 of the Code of Iowa, 1950, for the purpose of providing for the payment of the assessed cost of said improve- ments; said bonds to be issued in anticipation of the deferred pay- ment of the assessments levied thereofor, and that said bonds will be sold at public sale in the man- ner provided by law, but shall not be sold for less than their par value with accrued interest from date of bonds to the time of de- livery thereof. Section 5, That unless property owners at the time of final con- sideration of this resolution have on file with the City Clerk ob- jections to the anmtutt of the pro- posed assessment, they shall be deemed to have waived all ob- jections thereto. Section 6. For purpose of brevity and reference all the foregoing improvements shall be known as "City of Dubuque 1953 Concrete Pavement Program No. 1. Introduced, approved and ordered placed on file with the City Clerk this 12th day of May, 1953, RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZIIVGER Councllmen Attest: J, J, SHEA, City Clerk, Councilman Welu moved that the resolution just read being a resolution ordering a street im- provement be now considered complete in form for final pas- sage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 263°53 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 261-53 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 the following poi timrs of the following named sheets by surfacing the same with Class 1 concrete pavement, to-wit: North Algona Street from the north property line of Grace Street to the south property line of University Avenue. East Eighth Street from a point 8 feet east of the west property line of Pine Street to the east property line of Central Avenue. Kirkwood Street from a point 141 feet west of the west property line of Alta Vista Street to the west end of Kirkwood Street and, `i~Th~~reas, tiae 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 Thereforn Resolved that on the 1st day of June, 1953, a public hearing will be held at 7,30 o'clock P.M. in the Council Cham• ber in the City of Dubuque at which time the owners of prop- erty subject to assessment far the proposed improvement may appear and snake objection to the pro- posed plans and specifications and proposed form of contract and at the same tune 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 Pecessity 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 s~t~a n~;=ispaper published in the city of Dubuque, the last of which shall he 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 be deemed to have waived all objections thereto, at which hearing the Council will hear such _;' Special Session, May 12, 1953 359 objections and enter on record its final decision thereon, Passed, adopted and approved this 12th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerlc. Councilman Welu moved the :.~zot~tien of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 264-53 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Rowan Street from the south property line of South Grandview Avenue to the South Corporation Limits with concrete pavement and integral curb, esti- mated cost $33,153,53, presented and read. Councilman Kolb moved the adoption of the resolution. Sec onned by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Necessity for lmpr®vemen#) RESOLUTION N0. 265-53 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1. The boundries of the dis- trict, if any. 2. The streets to be improved, 3. The width of such improve- ment, and the size and kind of sewers, 4. Each lot proposed to be as- sessed together with a valuation fixed by the council, 5, An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Rowan Street from the south property line of South Grandview Avenue to the south Corporation Limits with concrete pavement and integral curb. Be It Therefore Resolved that the City Council on its own mo- tion or upon petition of property owners, deems it advisable and necessary far the public welfare to make the herein mentiond im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said fends. Bonds shall be issued and sold in anticipation of defetmed pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The ralltit~ay 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 360 Special Session,l`Jlay 12, 1953 placed on file with the City Clerk this 12th day of May, 1953. Approved and placed on file for final action. Approved: RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F, KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER CouncIlmen Attest: J. J, SHEA, City Clerk, Councilman Welu moved that the resolution just read being a resolution ordering a street im- provement be now considered complete in form for final passage and further moved that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, (Fixing dafe ®f hearing) RESOLUTIOiq N0. 266-53 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 264-53 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same an file in the office of the City Clerk for public inspection, for the improvement of Rowan Street from the south property line of South Grandview Avenue to the south Corporation Limits with concrete pavement and integral curb 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 1st day of June, 1953 a public hearing will be held at 7:30 o'clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of prop~ arty subject to assessment for the proposed improvement may ap• pear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed dis- trict, 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- lution of Necessity and the City Clerk be and he is hereby di• rented to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed far its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 12th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. I{INTZINGER Councilmen Attest: J. J, SHEA, City Clerk. Kolb moved the Councilman adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- rnen Kintzinger, Kolb, Schueller, Welu. Nays-None, Communication of Henry 0. Tolle, U.S. Representative, Wash- ington, D,C., regarding the apps priation of funds for the Upper Mississippi River Flood Project, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None, Communication of A. L. Miller, Member of Congress, 4th District, Nebraska, relative to the fluorida• tion of water, presented and read, Special Session, May 12, 1953 361 City Manager Schiltz submitted verbal recommendation to refer the communication to the City Council, Water Department, Health Department, Dental and Medical Societies, Councilman Kolb moved that the recommendation of City 14'dana,ger Schiltz be apps Quad. Cec- onded by Councihuan Schueller, Carried by the following vote; Yeas-Mayor Austin, Council- ` men I{intzinger, Kolb, Schueller, Welu. Nays-None. Communication of E. B, Lyons, Civil Service Commissioner, sub- ' witting statement in the amount ) of $75.00 for services rendered as a member of the Civil Service Commission in the preparation, giving and correction of the papers in the recent Entrance and Pro- motional Examinations for the r i Fire and Police Departments, pre- sented and read. Councilman Kolb moved that the communication be referrQd to 1 the City Council. Seconded by ~` Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. ~: Nays-None, Petition of Leonard T, Smith re- questing release of his Blasting ) Bond, presented and read, CotmcIlman Kolb moved that the request be granted, Seconded by CeunciLnan Welii. Carried by the following vote: Yeas-Mayor Austin, Council- - men Kintzinger, Kolb, Schueller, , Welu. ~ Nays-None. Petition of Alfred J, Schiltz re- questing Council to expedite the construction and installation of sewer facilities by special assess- ment in the alley first west of Queen Street running from the present sewer in Clinton Street to 27th Street to serve Lots 79 and 80 of Westview Subdivision, pre- -- rented and read. Councilman Welu moved that a plat and schedule be prepared ', covering the request. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. t Petition of Dubuque Packing Company requesting authority to build and construct five (5) rein- ferce€1 eslu-rtns alen~ the writ in- side wall of the B Branch Sewer at East 17th Street, which will ex- tend northerly of the present kill- ing building and bridge appromi- mately ninety-fom• (94) feet in length for the purpose of extend- ing the existing killing building to a „rsl*., ~~~;hero it v,•ifl ccnneet with the newly constructed beef cooler, presented and road, Councilman Welu moved that the request be approved providing that the plans are approved by the City Engineer, Seconded by Coun- cilman I:olb. Carried by the fol- lowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Linehan & Molo re- questing approval to excavate in the streets and alleys of the City of Dubuque, presented and read. Councilman Kolb moved that the request be granted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Coyle Construction Company requesting permission to excavate within the limits of the City of Dubuque, presented and read. Cotmcilman Schueller moved that the request be approved. Sec- onded by Councilman Kolb, Cu•- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. 9i1DiNA6UC~ ~®. 8-53 An Ordinance granting Dan W, Schmalz, Jr. the right to construct a sanitary sewer in Rhomberg Avenue; Providing the terms and conditions thereof, said ordinance having been passed upon first reading and ordered placed on file with tl;e City Clerk for public inspection for at least one week before final adoption, was pre- sented for final adoption. OPUINANCE No. II-53 :1n Ordinance Granting Dan tiV. Frlunal;-, Jr., the Fight to Construct a Sanitary Se~cer in R1~omLerg A~~e- nue: Yrnt-iding the Terms and Con- ditiuns Thereof, 362 Special Session, f/iay 12, 1953 Be It Ordained ly the City Council of the Cite of Dubuque: Section 1. That Dau R'. Schmalz, Jr., be and he Is hereby granted the right Lo construct a f inch vitrified tlLe Pipe sanitatl° server in Rhomberg' Avenue from the existing manhole In Rhomberg Avenue, 110 feet nm~th- etdy oY the norther]`- Property line of Lincoln Avenue, thence along a line lying aPPro~imately 15.5 feet west of the center line of Rhomberg Ati-enne for a distance of 106 feet to Lot 2 of Lnt 1 of Lot 1 of Lot 5 of Itlineral Lot 30aA of the City of Du- huque, Dubuque Crmlty, Iowa, upon the following terms and conditions: (a) That grantee agrees to cou- struct said sewer within one year foom the date hereof and to pa~~ the entire cost thereof, inchulin cost of restm~ing the surface of the street; (b) That saki sewer shall le con- structed in accordance with plans approved h,r the State Department of Health and the City Slanager and under the supervision and direction of the City 11Ianag'er and Cit;; En- gineer; (c) That grantee will enter into a conk-act for the construction oP said sewer kith a gnnlified contrse- tm•, which contract will, among other things, contain a clause requiring the centractor to obtain all necessary Per- mits, including excavation permits, required by the Cit) of Dubuque, or any other rovermnental agency, a clause obligating the contractor and his bnnrlsmen to keep said sewer in rood repair fm• a period of not less than two (2) ~°ears from the date of the acceutance of the work, arr. a clause reduiring the contractor to furnish a surety bond n~ith the Ci~c of Dulmgtie named as one of the obligees, guaranteeing the faithful perforriance of said contract. Sec. 9. That the authority granted herein sl:ali terminate on ,hme ]st, ];+03, unless the terms and enndi- tions of thin Ordinance are accepted in writing by the grantee prior to that ante. Section 3. This Ordinance shall be in full force and effect from and after its final passage, adoption and puidication as provifled by Lasv, Pa.ased, approved and adopted this 1?th day of -Tay, 1453. FcUBEV V. AUSTTV, ATacor CLARENCE P, 1S'ELU RAT P, F~OLB LEG RT. SCHUELLER CHARLES A, IiINTZIi\GER Councilmen Attest: J. J. Shea City Clerk Acceptance of Ordinance No. 5.53 Dan ~. Schmalz, Jr„ of the City of Duhnque, Dubuque County, torva, h~nving full knowledge and under- standing of all the terms and emr ditions of Ordinance No. 3-5 hereby 2ccepts the same as passed and agrees to comply with all the terms and conditions thereof. Accented this 13th day oP Play, 1933. DAV w~, srFlitrALz Puhliehed officially in The Tele- graph-Herald newspaper this LSth day of ]lag, 1953. J. J SHEA, It May 18 City Clerk Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Returns of Selvice, subscribed and sworn to by City Clerk Shea, of notices served upon property owners upon the following named streets requiring them to make sewer and water conections to their properties, presented and read, Alta Place, Wesley and Anna Frankfurt; Asbury Street, Hugh Callahan; Avalon Road, Lawrence R, & Romendan Klein, George P. tv Gertrude Siegert; Coates Street, Floyd Abel, Charles A. Brejcha, Donald Ferree, Mrs, Louise H. Halliburton, John D, & Mabel Hendrick, Ella & Maly Horner, Geo. Jecklin, Joseph Loney, Cecil L, McDowell, Ralph G. Russell, Julius G, & Blanche A. Schmidt, Bert H, Simmons, Robert G. & Irma Wick; Dillon Street, Chas, T. & Josephine Landon, James A. & Naomi Meader, Andrew J, & Jeannette Streinz; Hillcrest Road, Clarence A. & Grace Dirksen, An- gelo J, & Anna Kerper, Clarence G. & Alma I£ruser, Carl & Marilyn Oberhoffer, John L. Welbes, Mary Welbes; Lombard Street, Mary Fuchs, Everett B. Lutenberg, Otto Wimmer; Ogilby Road, Walter H. Frederick; Shiras Avenue, Arthur & Esther Reno; Southern Avenue, Howard F. Higley, Leonard T. Smith, Councilman Kolb moved that the Returns of Service be re- ceived and placed on file. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, November 11, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The final plat of St. Anne's Sub- division as presented by Bartels and McMahan representing Mr. Angelo Kerper was given final ap- proval by the Planning & Zoning Commission at todays meeting, Respectfully submitted for your information, Yours very truly, Dubuque Planning & Zoning Commission, By, R. V, McKay, Secretary. Special Session, bray 12, 1953 363 Councilman Welu moved that the communication and plat be re- ferred to the City Manager and City Solicitor to prepare proper proceedings. Seconded by Council- man Kolb, Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. May 12, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to attached pe- tition of Dan Schmalz Jr. asking vacation of Kimball Street begin- ing on the west side of Rhomberg Avenue continuing westerly to dead end be denied, While the property appears to be of no value to the City at pres- ent, it might be needed for de- veloping the Master Plan road- ways in the area, and therefore the City should retain possession of same. Respectfully submitted, The Dubuque Planning and Zoning Commission, By: R. V, McKay, Secretary, Councilman Schueller moved that the recommendation of the Planning and Zoning Commission be approved. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. May 12, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In regard to the petition of M. B. Olansky requesting the Rezon- ing of Mississippi Heights Subdi- vision from two family residence zone to multiple family residence zone. The Planning and Zoning Commission recommends granting the petition in the following man- ner: 1. Lots foul• to twenty two in- clusive and lots twenty five and twenty six be rezoned from two family residence district to multi- ple family residence district. 2, Lots one to three inclusive and lots. twenty three and twenty four be retained in two family residence zone to act as a buffer strip on Mt. Loretta this strip al- ready being occupied by two fam- ily residences. Respectfully submitted, The Dubuque Planning and Zoning Commission, By; R. V. McKay, Secretary, Councilman Welu moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, May 12, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; `Poe petitia~n of Guy C, Hyatt and Evelyn B. Hyatt, Et. Al, ask- ing that the paved section of Pennsylvania Avenue be reduced below the 40 feet width shown by the City Plan has received close attention by Mr. Hartzog and the Planning and Zoning Commission and the Planning and Zoning Com- mission hereby recommends denial of the petition. Mr. Hartzogs special report on this matter is attached herewith in support of the Commissions de- cision. Respectfully submitted, The Dubuque Planning and Zoning Commission, By: R. V. McKay, Secretary. Councilman Kintzinger moved that the recommendation of the Planning and Zoning Commission be approved. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Austin, Council• men I{intzinger, Kolb, Schueller, Wehi, Nays-None, May 12, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; With regards to the petition of DI•, Raymond L. Deming asking re- 354 3r~ecial S~_ssi~n, I+J±ay 12, 1953 zoning of his property just north of Loras Blvd., between Locust and Bluff Streets to Business Classifi- cation, the Planning and Zoning respectfully recommends denial of the petition. At the same dine, the Commis- sion has studied the possibility of changing the land uses in certain Multiple Residence areas to per- mit erection of a professional of- fice, thus avoiding the less desira- ble uses allowed in Businesestion trios in these areas. A sugg to this effect is attached. Respectfully submitted, The Dubuque Planning and Zoning Commission, By; R. V, McKay, Secretary. Councilman Kolb moved that the recomlr-endation of the Plan- ning and Zoning Conmlassion be adopted. Seconded by Councilman Schueller. Carried uy the follow- ing vote: Yeas-PJlayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. May 12, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission suggests that Article N of the Zoning Ordinance authorize the following use in the described Multiple Family Areas: "Prcfessional office or studio of a physician, stugeon, doctor', den- tist, architect, musician, lawyer or similar profession, provided that no goods are publicly displayed on the premises, and that no sign or advertisements are shown other than the name and profession of the person using the office or studio, and such sign or nameplate shall not exceed five (5) square feet in area." Beginning at a point on the east line of Bluff Street one hun- dred foot north of the north line of West Ninth Street, thence east to the center line of the alley first east of Bluff Street, thence north along the center line of the alley first east of Bluff Street to the center line of West Eleventh Street, thence east on the center line of West Eleventh Street to the center line of the alley be tween Main and Locust Streets to a point one hundred feet south of West Fifteenth Street, thence west along a line one hundred feet south of West Fifteenth Street to the center line of Bluff Street, thence south along the center line of Bluff Street to the center line of Loras Boulevard; thence west along the center line of Loras Boulevard one hundred feet west of the west line of Bluff Street, thence south along a line one hun- dred feet west and parallel to the west line of Bluff Street to a point one hundred feet north of the north line of West Ninth Street extended, thence east along a line one hundred feet north of the north line of West Ninth Street extended to a point on the east line of Bluff Street one hundred feet north of the north line of West Ninth Street which is the point of beginning, and the area further described; beginning at the point of intersection of the center lines of Lm'as Boulevard and Wal- nut Street, fltence east on the cen- ter line of Loras Boulevard to a point one hundred and twenty feet east of east line of Prairie Street, thence south on a line one hun- dred and twenty feet east of the east line of Prairie Street to the center line of the alley first south of Loras Boulevard, thence west aloii`„~ tl-e center lhre of tine alley first south of Loras Boulevard to the center line of Prairie Street, thence south along the center line of Prairie Street to the point of intersection of the center lines of Prairie Street and Chestnut Street, thence west along the center line of Chestnut Street to the paint of intersection of the center lines of Chestnut Street and Walnut Street, thence nm•th along the cen- ter lute of Walnut Street to the center line of Loras Boulevard which is the point of beginning. Respectfully submitted, The Dubuque Planning and Zoning Commission, By: R. V. McKay, Secretary. Councilman Kalb moved that the suggestion of the Planning and Zoning Commission be approved and proper proceedings prepared. Seconded by Councilman Schuel- ler. Carried by the following vote: Special Session, May 12, 1953 365 Yeas-Mayor Austin, Council men Kintzinger, Kolb, Schueller, Welu. Nays-None. May 7, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: There are two additions to the Traffic Code that are needed to properly enforce driving on one- way streets and also stopping at school signals. The traffic code does not give authority to drive on the left side of the street and does not require motorists to stop at flashing stop signs at schools. I concur in the recommendation of the Police Chief that the Traf- fic Ordinance be amended to cover these two conditions. Respectfully submitted, L. J. SCHH,TZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. O~DlNANC~ h~0, 9-53 An Ordinance amending Ordin- ance No, 33-49 by repealing Sec- tions 9.3, 10,1, 10.2, 10.3, and en- acting Substitutes therefor, and by adding a new Section 13,5; and providing a penalty for violation thereof, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Y:orb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. OCbINANCE No, 9.53 An Ordinance dmeraling' Ordinance .1'0. 33-49 by P,epealing Sections 9.3, 10.1, 10.2, 10.3, and enaoting Substitutes therefor, and by Add- ing a nett' Sectiau 13,5; and provid- BE~yIT ORDAINED~BI'IOTHErCITY COUNCIL OF THE CITY OF DU- BLigUE: Section L That Sectimt 9.3 of Ordin- ance No. 33-49 ]mown as the "Traffic Code" of the City of Dubuque, he and the same is hereby repealed and the following enacted in lieu thereof: "9.3 Eicept ou one-way streets, the oltera.trn• of a motor vehicle shall at all timNs travel on the right-hand side of the center of the street." Section 2. That Section 10,1 of Ordinance No. 33-4'J known as the "T~;vffic Code" of the City of Du- buque, ba and the same is hereby re- laealed and the following enacted in lieu thereof: "141 Escept on mre-way streets, the driver of a vehicle overtaking an- other vehicle proceeding in the same direction shalt pass to the left there- of at a safe distance and shall not again drive co the right side of the roadway until safely clear of the over- taken vehicle. The driver of an overtaken vehicle shah Bice may to the right in favor oY Che overtaking vehicle on audible sig- nal and shall not increase the speed of his ~°e1:,cle until completely passed by the overtaking vehicle." Section 3. That Section 10.2 of Or- dinance No, 33-19 known as the Traf- fic Code" oP tha City of Dubuque, be and the same is hereby repealed and the following enacted in lieu thereof: "10.2 Except on one way streets, no vellrle shall be driven to the left side of the center of the street in over- taking and passing another vehicle proceeding in the same direction un- less such left side is clearly visible and is free oP onemning traffic for a sufficient distance ahead to permit such overtaidng' and passing to be completely made without interfering n-ith the safe operation of any ve- hicle approaching Prom the opposite direction or any vehicle overtaken. In e~•ery event the overtaking' vehicle must return to the right-hand aide of the street before comir~~ within one hundred feet of any vehicle ap- proachiug' from the opposite direc- tion." Section 4. That Section 10,3 of Ordinance No. 33-49 lcnotwr as the "Traffic Code" of the City oP Du- buque, be and the same is hereby repealed and the following enacted in Kett thereof: "10.3 No vehicle shall, in overtaling and. passing another vehicle or at any other time, be driven to the left side of the atreeC under the following con- ditions: 1. yS'hen approaching- the crest of the grade or upon a carve in the street where the driver's view along the street is obstrucied for a distance of apprusimately seven httndred feet. 2. Except ou one-ivay sheets, ryhen aPp~'oaching within one htmch'ed Peet of any narrow bridge, viaduct, or tun- nel when so sign-posted, or when ap- proaehing' within one hundred Peet of or traversing any intersection or rail- road grade crossing. 3. [t'here official signs are in place directing that traffic keep to the right or a distinctive center line or off-cen- ter line is marked, which distinctive line also so directs traffic as declar- 366 Special Session, May 12, 1953 ed in the sign manual adopted by the state highway commission." Section 6. That Ordinance No. 33- 19, known as the "Traffic Code" oS the City of Dubuque, be and the same is hereby amended by adding a new section to be known as Section 13.5 thereto, as follows: "13.6 The City Manager is author- ized and directed to erect school-type traffic control signals at the entrance to each school zone, as hereinbefore defined, in the City of Dubuque, and at such other crossings m• other inter- sections as she Council may desig- nate." Section fi. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- lication as provided by late. Section 7. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- liestion as by law Provided. Introduced the 12th day of May, 1953. Rule requiring reading on three separate clays suspended by unani- mous vote the 12th day of May, 1953. Passed, adopted and approved this 12th day of May, 1953. Ruben V. Austin, Mayor. Clarence P. Welu, Ray F. Kolb, Leo N. Schueller, Charles A, Kintzinger, Councilmen. Attest: J, J. Shea, City Clerlt. Published officially in The Tele- graph-Herald newspaper this 15th day of .May, 1953. 1t.May15 S. J. Shea, City Clerlt. Councilman Kolb moved the adoption of the ordinance Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. OR®IfV,4NCE N0. 10®53 An Ordinance regulating the keeping of dogs in the City of Dubuque; Providing fol• the licens- ing of the same; Prohibiting the same from running at large; Pro- viding for the observation under confinement of biting dogs; Estab- lishing special procedures for the control of rabies; Prescribing penalties for the violation hereof; and repealing Ordinance No. 2-52, presented and read, Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Kolb moved that the rules be suspended requiring In ordinance to be read on three ;eparate days. Seconded by Coun- ~ilman Kintzinger. Carried by the following vote, Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 10.53 An Ordinance Regulating the I{eep- ing of Dogs in the Citv of Dubuque; Providing for the Licensing of the Same; Prohibiting the Satne from Runmog at Large; Providing for the Observation Under Confinement oP Biting Dogs; Establishing Spe- cial Procedures for the Control of Rabiee; Prsecribing~ Penalties for the Violation Hereof; and Repealing Ordinance No. 2-52. Be It Ordained by the City Council of the City of Dubuque: Section 1. Definitions. The follow- ing definitions shall apply in the in- terpretation and enforcement of this Ordinance: (a) "Dog" includes all domesti- cated members of the canisfatnilaris, ^tale or feutale, whether altered or not; (b) "Owner" includes any per- son, flan or corporation owning, har- boring, sheltering or keeping a dog; (e) "Fennel Dogs" are dogs kept nr raised solely for the bona Pide purposes oP sale and which are kept ender constant restraint; (d) "At large" includes any dog off the premises of its owner or noon the public streets, alleys, public grounds, or parks within the City of Dubuciue. A dog shall not be deemed at large if; 1. lY is attached to a leash oP snP- ficient strength to restrain the doe; and not more than ten (10) feet in length where said leash is held by a person compel ent to govern the dog; or 2. IVhen properly restrained within a motor vehicle m• housed in an ani- mal hospital approved by City Health Officer. Section 2. Licenses. (a) The City Manager shall issue clog licenses upon due application and payment of the fee provided herein- after. The licensee, upon procure- ment of the license, shall securely at- ~acit the license tag to a collar or harness, and this collar or harness with the license tag attached shall at all tiutes be kept on the clog for which the license is issued. Any doe farad at lu~g'e without a collar or harness to which a license tag is attached shall be deemed untirense~l and shntl he impounded; Ib) The head oP the family shall he liable ".or payment of the license fee on any dog owned, harhm•ed or kept by- any member of the family; Icl It shall be tmlawful for ant otcner to onm, possess or harbor a dug, except kennel clogs, in the Citv oP Duhugne without having obtained n License therefor in compliance with the proaisfons hereinafter set forth; Id) The license fee pet calendar tear, or fraction thereof, shall he: One Dollar ($1) far each male clog; One Dollar ($1) for each spnyed Ymale clog; Three Dollaes ($3) for each fe- male dog not spayed; (e) All dog licenses issued here- ander shall expire on March 31st of the rear following the year in which the license was issued unless sooner revoked; Special Session, May 12, 1953 367 (f) The owner, or other person re- sponsible for the payment oP the license, as hereinbefore provided, shall make application fm• the same to the L"ity 1Vlanager on foetus pro- vided i>3' him, which forms shall give the name and address of the owner, the sett and description oP the clog and, when known, its breed and age. In the event of a change in owner- ship the License holder shall notify the City -Panager of such change; Section 3. I3arboring Vicious Dog. it shall be unlawful for any person to harbor or beep a vicious dog with- in the City of Dubuque. A dog is deemed to be vicious when it shall have attacked ar bitten any person (tv°ithout provocation), or when pro- pensity to attach or bite persons shall exiet and is known or ought reason- ably to be ltnotvn to the oevner. Section 4. Lnpoundhtg. (a) Any licensed dog Found at Jorge, as previously defined, during the period Prom April 1st to October L'Oth of each year, and every un- licensed clog, except kennel clogs, shall be Qub~ect Co seizure and im- poundment in the place provided by the City; (h) Except as otherwise provided, the possession of any licensed dog so seized ar impounded may be nh- talned by the owner, by paying the sum of Two Dollars ($2) plus the enr- rent daily fee for keeping such dog for each clay or fraction thereof dur- ing which the dog was impotwderl; (cl Upon proper identification, the possession of any unlicensed dog so eeized or impounded, may he ah- tained by the owner paying the license fee, is addition to the charges above provided fm• impounding licensed dogs; (d) Whenever any licensed dog has been so seized or impounded, notice of such action shall be given Fig United States -Iai1 to the owner, as shown by the records iu the Cih~ Managsr's office, and if the dog is not claimed by the otcner within five (5) clays after such notice has been mailed the license shall atttomaticallp he recohed and the dog disposed of as prescribed by the Health Officer; (e) Any unlicensed dog not claimed by the owner within three (3) da,rs after it has been seized or impounded, obeli be disposed of as prescribed by the Health Officer; Section 5. Dogs Distttrhing the Peace. (a) R shall be unlawful for any person to own, keep, have iu his possession or harbor any clog which h}- frequent and habitual howling, yelping, harking or otherwise, shall cause a serious annoyance or dis- turbance to persons or to the neigh- bm~hood; fb) It shall he unlatvfu] for any person, firm or corporation keeping, owning or sheltering a dog to allow m' permit such animal to pass aeon the Premises oP another causing dam- age or annoyance or otherwise inter- fering with the premises. (cl No person shall be convicted tinder tite Provisions of this section except upon complaint of two or more persons of different households. Section 6. Female Dogs in Season. It shall be unlawful for ant owner to allow his female dog that is in season to run at large or to so con- fine her as to attract male dogs to the area and by their presence cause a nuisance. Aug person aiolating the previsions of this section shall be punished as provided in this Ordi- ^ance and the dog shall be suhieet to seizure and impoumled at the ex- pense oP the owner, during the re- mainder of the heat period. Section 7. Rabies. (a) The owner of any dog tvitieh has contracted rabies, or which has been subject to same or which is sus- pected of having rabies, or which shall have bitten any Person, shall, upon demand of the Chief of Police or Aralth Officer, produce and sur- render up such clog to be held in quarantine for observation for a period determined by the City Health OtYicer aY the expense of the owner of said dog; (b) At the discretion of the Health Officer it may be permissible far the owner to properly confine his clog Instead of having it impounded. The term "properl7~ confined" shall be construed to include; (1) Chaining at home or penning at hmne if the dog be so protected as to prevent intimate approach of any other animal or person by a metal or wood barrier oY sufficient size, height and construction as to absolutely prevent the ingress or egress of person or animal; 12) Confinement in an animal hos- pital under the supervision of a reg- istered veterinarian; (c) [f, upon examination by a vet- erinari~m, any dog shall prove to be infected with rabies, such dog shall be disposed of as directed by the Health Officer. It shall he the duty of said veterinarian to notify the City Health Officer of any positive rabies ease found within twonty-four l°11 hours; (d) Any animal bitten or attacked hp any known rabid animal, shall be quarantined under supervision of the City Health Officer by being con- fined, as provided above, for a period oP not less than ninety (90) days, (e) Any person who shall know- ingly harbm• or keep any dog infected with rabies, or any dog known to have been bitten by a rabid dog, ar who ,hall fail to report to the Police or health officer the existence of a clog which he knows to be so in- fected, or who shall fail to produce anti surrender up any clog pursuant to subsection (a) hereof, shall be punished as provided in this ordi- nance. (f) Any person finding a dead clog shall at once notify the police de- partment. Section 8. Control of Rabies Out- break. tiVhen the ;fiayor, pursuant to Res- olution of the City Council, shall de- clare an emergency due to rabies: (a) It shall he unlawful for the owner of any clog to permit or suffer such dog to be at large. Any dog found at large shall be deemed to he so with the permission or at the sufference of its owner; (b) It shall be unlawful for any person except the owner of a dog, or his agent, to open any door or gate of any private premises, or to otherwise entice ar enable any dog to leave any private premises fm• the purpose or with the result of setting such a dog at large; (c) Any dog, found at large shall he impounded by the police depart- ment whether licensed or not. Section 9. The City Manager is hereby authorized to contract from year to year with any incorporated society for the prevention oY cruelty to animals for the carrying out of the 1>rovisiona of this Ordinance, in- cluding the collection, protection and dispositimi of dogs, and the collection of fees for the license and care of seized dogs. Section 10. Violation of Provisions. Any person violating any of the pco- °': ~ ... - ^i~;'', it': a; 9:-!, r ~' ?' 368 Special Session, I~(ay 12th, 1953 visions of this Ordinance shall, upon conviction, he fined a sum not ex- ceeding One HunrL'ed Dollars kr]OP~ and costs, and in defautt of payment he committed to the City or County jail, until such fine and costs are paid, not exceeding thirty (30) daps, or a Jail sentence ma3' be imposed not exceeding the said thirty (30) duos. Section 11, Unconstitutionality Clause, Should any section, Para- graph, sentence, clanse or phrase of this Ordinance be declared unconsti- tutional or invalid for an3' reason, the remainder of said Ordinance shall not be affected thereby. Section 12. Ordinance No. 2-54 adopted by the Citp Couucil .January 7, 1'JSE, is hereby repealed and this Ordinance shall he iu fttl force and effect immediately upon its adoption and publication as provided by law. Passed, adopted and approved this 12th dap of i1Iay, A. D. 1953. RUBEN V. AUSTIN, lYIayor CLARENCE P. 1ZrELU RAY F. I~OLB LEO N. SCHUELLER CHARLES A. IzIIVTZNGER Councilmen Attest; J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 15th clay' of 1vlay, 1953. J. J, SHEA, tt 6-15 City Clerk Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. ®RD9iV,4hdC~ Pf®. 11-53 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance hto. 3-34 designated the "Zoning Ordinance," so as to change the herein described area from two-family residence district classification to multiple-family residence district classification, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kintzin- ger, Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Wept. Nays-None. Councilman Kelb moved that the ordinance be placed in file with the City Clerk for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Pau®Lt1Td03 1grJ. ~b7-53 A Resolution Setting Time and Place for Hearing on Amendment t0 ZGnlrig 01'L11na11ee. VVhera=as the Planning and Zoning Coilnnission has recom• mended partial approval of the petition of TJf. B. Olansky for the change in zoning classification of t11e follo~t~ang described propeldy in Mississippi River Heights Sub• division; anal Whereas Before any amendment to the Zmiing il~iap ar Zoning Or- .lirance r;ay be adopted a public hearing ;nust be had thereon; No.v Titerefore, Be It Resolved by trio City Council of the City of Dubuque, Iowa: Section i. That a public hearing be ha~.i on the proposal to amend the 'Zoning Ordinance to change the Zoning classification of Lots to 2Z inclusive and Lots 25 and 2~ in Ilussissippi heights Subdi- vi>ion from bn'o-fahyily residence classification to tlnlltiple-family residence classification, ou the 1st day of Jtine, 1853, at 4:a0 o'clock P.M. in the City Council Chalmber i.l lire City Hall in the City of Du- btulue, Iowa, at which time and place ail interested parties may be heard; Section 2. That the City Clerk is hereby directed to publish notice of said hearing once as provided liy lavr, at least 15 days prior to the data set fot' said hearing, Adopted this i~th day of May, J u53. RUBEN V. AUSTTN Mayor CLARENCE P. WELD RA's' F. I~OLB LEO N, SCHUELLER CHARLES A. I~IRTTZINGER Councilmen Attest; 3. J. SHEA, City Clerk. Mayan Austin moved the adop- lion of the resolution. Seconded Special Session, May 12th, 1953 369 by Councilman I{alb. Carried by the following Vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. O~tal~~~„ ICS N0. .2--53 An Ordinance amending Ord. No. 33-48 entitled; "An Ordinance regulating the use of vehicles upon the streets of the City of Du- buque, Designating the provisions hereof as the "T`~af:ic Code" of said City; Repealing all Ordinances or parts of Ordinances in conflict I:erevaith; and providing a penalty for violation thereof," as amended by Ordinance No. 12-52, by add- ing to Schedule VI thereof Park- ing Restrictions ou College Street, presented and read. Councilman Kolb moved that the reading just had be considered lire first reading of the ordinance. Seconded by Councilman Kintzin- ger. Carriod by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Wolu. Nays-None. Councilman Kolb moved that the rut_es be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- oil?Tian Kintzinger. Carried by the follov,Jing vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. 12.53 .1n Ordinance Amending Ordinance No, 33-I9 Entitled: "An Ordinance Regulating the Use of Vehicles Upon the Streets oP the City of Duburlue; Designating the Provi- sions Hereof as the "Traffic Code'' of Said City; Repealing All Ordi- nancos or parts of Ordinances in Conflict Herewith; and Providing a Penalty for Violation Thereof," as Amended by Ordinance No. 12-52, by Adding to Schedule VI Thereof Parking Restrictions on College Street. Be It Ordained by the Cit)' Council of the City of Dubuque: Section 1, That Ordinance No, 33- 99, entitled: "An Ordinance Regu- lating the Use of Vehicles Upon the Streets of the City oY Dubuque; Des- ignating the Provisions Hereof as the ' Traffic Code" of said City; Repeal- ing All Ordinances or Parts of Ordi- nances ]n Conflict Herewith; and Pro- viding aPenalty for Violation There- of," as amended by Ordinance No. 12-52, as amended by Ordinance No. 8G-52, be and the same is farther amended by adding to Schedule VI thereof, the following provisions: "uu. On the west side of College Street from Allison Street to West Fifth Street," Section 2. That this Ordinance shall he in farce and effect ten (10) da}s from and after its Phtal passage, adoption and publication as by law provided. Passed upon first reading this 12th Say of DIay, 1953, Passed, adopted and approved upon 'ina] reading this 12th day of 114ay, 1953. RUBEN V. AUSTIN. 1+Iayor CLARENCE P, IfiELU RAY E. KOLB LEO N. SCHUELLER CHARLES A. RiNT;3INUER Councilmen Attest: J, J. ~S'hea, City Clerk Published officially in The Tele- graph-Herald newspaper this 15th day of -tay, 1903. J. J. SHEA It May 15 City Clerk Councilman Kolb moved the adoption of the ordinance. See- cnded by Councilman Kintzinger. Carried by the follota~ing vote; Yeas-Mayor Austin, Council- men I{intzinger, Kolb, Schueller, Wehi. Nays-None. P1Iay 7, 1953 To the Honorable Idayor anti City Council, Dubuque, Iowa. Gentlemen: The petition of L. R. Brede with reference to the bus stop at 10th and Iowa S'.reets and damages to his property was referred to the City Solicitor and City Manager for investigation and report. The city ha, no liability in re- gard to the tlaraage clai.ned by Prin. Brede. accm'ding to the at- tached report of the Police De- partment, the clanging of the bus stop to the southeast corner would creme a traffic hazard and also the possibility of yatingsters run- ning bobr'eon l,ar'.red cars, creat- ing aspecific hazard. Thel°e is a possibility of the bus route being changed from Iowa Street to another street and this coYnplaint°,vould then be corrected. P~espeotfully submitted, L. J. SCHH,TZ, City IvTanagei'. Councilman TJVeitl moved that tho communication of City Man- ager Sehiltz be received and made a matter of record. Seconded by Cotrncilnlan Kolb. Carried by flee folowing vote; Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. ~° .~. i';:`:. =. ~,,, _` stn"_I4--' ~3.: ~,. ,~ `:; +. ,,: :; k':- '~ f.„ _- :tea 370 Special Session, May 12th, 1953 May 1Z, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your ;,pproval on same for filing, sub• ject to the approval of tl:e City Solicitor: SIDEWALK Robert Shiretnan, Merchants Mutual Bonding Co. EXCAVATION Molo Oil Co, and/m' Linehan & Molo, Inc., and/or Molo Sand and Gravel Co., Policy No. NIPL 63448, Bituminous Casulty Carp. Dorance Coyle (Coyle Construc- tion CoJ, Policy No. 234266 (Also bond), Hawkeye Security Ins. Co. Respectfully submitted, L. J. SCHILTZ, City Il2anager. Councilman Kolb moved that the bond and policies be placed on file subject to the approval of the City Soliciter. Seconded by Coun• oilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Coltncil• men Kintzinger, Kolb, Schueller, Welu. Nays-None. May 12, 1953 To the Honorable I,Iayor and City Council, Dubuque, Iowa. Gentlemen: The Iowa Road Building Com- pany has requested extension of tiin.e on their contract to June 15th. They have experienced difficulty in securing the proper gradation of aggregate, however this condition has been corrected. I recommend that the comple• tion date be extended. Respectfully submitted, L. J. SCHILTZ, City Manager. Conncilmul Kolb moved that the recommendation of City Man• ager Schiltz be appro?red. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, I{olb, Schueller, Welu. IlTays-None. An Ordinance establishing a grade on Finley Sheet from the east property line of Bunker Hill Street to the north property line of University Avenue, presented and read. Councilman I{olb moved that the reading just had be considered the first reading of the ordinance, Seconded by Councilman Welu, Carried by tl~e fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, UVrehl. Nays-None. Councilman Kalb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun• eilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu, hays-None. ORDINANCE NO, 13.53 An Ordinance Establishing a Grade on Finley Street from the East Property Line of Bunker Hill Street to the North Property Line of Uni- aersity Avenue. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Fin- ley Street from the east property line of Bunker Hill Street to the north property line of University Avenue be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile number 1364. Bench 11lark; Point of Arrow on Fire Hy- drant Northwest corner of Finley and Poplar Streets, Elevation 860.79. Said grade begins at the east prop- erty line of Btmker Hill Street which is station 0}OQ north curb elevation 559.72, south curb elevation 858.32, thence to station 0}70, north curb elevation 355.63, south curb elevation 355.13, thence to station 3-{-1Q, east and west curb elevation 316.55, thence to station 4+25, east and west curb elevation 840.25, thence to station 5}6x,7, east curb elevation 346.58, west curb elevation 846.22, thence to station 5+91,7, east em~b elevation 547.59, west curb elevation 846.70, thence to station G+25, east and west curb elevation 843.00, thence to station 7 } 30, east and west curb elevation 555.83, thence to station 9+D0, east curb elevation 864.23, west curb elevation 854.03, thence to sta- tion 10 X10.1, east curb elevatimt 519.80, west curb elevation 343.06, thence to station 10}54.8, east curb elevation 343.10, est curb elevation 547.40, thence to station 11-}-00, east and west curb elevation 546.40, thence to station 12-t45, east and west curb elevation 543.10, `vest curb elevation 13}60, east and west curb elevation 356.3, thence to statiotr 14+70, east and west curb elevation 566.76, thence to station 15-i-3S.9, east curb eleva- tion 812.60, nest curb elevation S7L20. Section 2, This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by ]aw. Special Session, May 12th, 1953 371 Passed, adopted and approved lIay 12th, 1953. RUBEN V. AUSTN, 1layor CLARENCE P. WELII RAY F. I{OLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J, J. Shea, City Cleric Published officially in The Tele- graPh-Herald newspaper this 20th day of Alay, 1953. J. J. SHEA, It May 20 City Clerk Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Coltncil- men Kintzinger, Kalb, Schueller, Welu. Nays-None. BRDIN.4it",d~ ~®. 14-53 An Ordinance establishing a grade on Bunker Hill Street from the south property line of Asbury Street to the south property line of Finley Street, presented and read. Councilman Kolb moved that the reading just had be considered the fast reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schuellei°, Welu. Nays-None. Councilman Kolb moved that the rules he suspended requiring an ordinance to be read on tlu2e separate days. Seconded by Coun• oilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE NO. 14.53 An Ordinance Establishing a Grade on Bun}cer Hill Street from the South Property Line of Asbury Street to the South Property Live of Finley Street Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Banker Hnl Street fiom the South Property Line of Asbury Street to the South Property Line of Finley Street be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile number 1360. Bench Mark: Point of Arrow on fire hydrant at the corner of Asbury Street and Bunker Hi11 Street, Elevation S6L80. Said grade begins at the South Property Line of Asbury Street which is station 0}00, east and west curb elevation 559.40, thence to station 1+00, east and west curb elevation 560.30, thence to station 1+50, east and west curb elevation 561,26, thence to station 2 00, east and west curb elevation 51.25, thence to station 5}20, east and west etu-b elevation 853.35. Seaton 2. This ordinance shall be in full force and effect inuuediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved il~Iay 12th, 1953, RUBEN V. AUSTIN, 14Ia3'm• CLARENCE P. WELD RAY F. I~OLB LEO N. SCHUELLER CHARLES A. I{NTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The Te1e- graph-Herald newspaper this 20th day of 11fay, 1963. J. J. SHEA, ? t -Iay 20 City Clerk Councilman Ifolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, -4Velu. Nays-None. An Ordinatce establishing a grade on Eciith Street from the v,'zst property line of Burden Ave- nue to the east property lino of Brtmswick Street, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayer Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Coancihnan I{olb moved that the rules be suspended requiting an ardinance to be read on three separate days. Seconded by Coun- malt Kintzinger. Carried by the fallowing vote: Yeas-112ayor Austin, Council• men Kintzinger, Kolb, Schueller, Weltl. Nays-None. ORDINANCE NO. 15.53 An Ordinance Establishing a Grade on Edith Street from lA'est Property Line of Burden Avenue to the East Property- Line of Brunswiclt Street, BE IT OP.DAiNED bS' the City Couu- ci1 of the City of Dubuque: Section 1, That a grade on Edith Street frmn the west property line of Barden Avenue to the east property line of Brunswiclt Street be and the same is hereby estab- lished and adopted as shown by the profile of said street and grade pre- pared by the City Engineer, being profile mm~ber 1366. Bench Mark; Northeast corner step in Yront of 3105 Burdetr Avenue, Elevation 167.00. said grade begins at the West Proper- ty Line of Burden Avenue which is station 0-f-00, north em~b elevation 167.32, south curb elevation 167.50, thence to station 6-x-30, north and south curb elevation ]63,37, thence to 372 Special Session, May 12th, 1953 station 8}"0, north and south curb elevation 145.90, thence to statimt 12}OQ north and south curb elevation 153.53, thence to station 13+70, north emb elevation 173."_5, thence to station 13}00, norUt curb elevation 11510, south curb elevatimt 176.34. Section 2. This oridnance ehall be in full force and effect immediately upon its Pina1 passage and adoption and publication as provided by ]aw. Pawed, adopted and approved llay 12th, ]953. RUBEN V. AUSTIN, 11'[ayor CLARENCE P V'ELU P,AY I'- IiOLB I,b:O N. SCHUELLER CHARLES A. I~INTZTNGEP. Councilmen. Attest: J. J. SIIEA City Cleric Published officially in The Tele- graph-Herall newspaper this 30th der of :1'Tay, 1053. J. J. SHEA 1t. llay 20 Cit3~ Clerk. Cotmciln~an iiclb moved the adopticr_ of B?e arclinance. Sec- ended by Crrlncilm¢n I=lltzinger. Cal-ri=d by ihP fallo-,wing vote: Yeas-14'1?yCT AuslIly CGni1C11- men Kintzinger, Kolb, Schueller, Weill. itays-Nore. ODa`iA,~Cr a~O, i~®~3 An Ordinance establishing a grade on Sutter Street flrln the east property line of ~aeell Street to the r~~est property line o`_ tivilldsor Avallue, presented anal read. Colin; ilnlan uaila moved that the reading just had be considered tL-e first loading of t'~e mrdinance. Seconded by CotunriLnan Welu. Carried by the following vote: Yeas-Mayer Austin, Council- men Kintzinger, ~~olb, Schueller, Walu, Nays-i'~Tone. Couneili;?a11 r,~clb rlaved that the rules be s.a72ndsil requiring an oriiiuallce to be read on three separate days. Sscollded by Cotln- cilrran Kintzinger. Carried by the follo•,=ring vote: Yeas-Maya Austin, Council- men Ifintziliger, Kalb, Schueller, Welu. isays-None, ORDINANCE 16-53 An Ordinance Establislilug a Grade on Sutter Street from the East Property Line oP Queen Street to the Nest Property Liue of lfiindsor Aventte, Be 1t Ordained hS' the City Council of the Cit3• of Dubuque: Section 1. That x grade on Sutter Street Yrom the East Property Linc of Queen Street to the A1'est Property Line of FFindsor Avenue be and the came is hereby established and adopt- ed as shown bythe profile of said street and grade prepared by the City Engineer, being profile number 1367. Eench lIark. Point of Arrow on Fire Hydrant~u Southeast corner of Queen F= Sutter Street, elevation 100.00. Said grade begins at the East Property Line of Queen Street tvhieh is station ~+UG, north curb elevation 07.72, south curb eIevafion 91.30; thence to station n}45, north and south curb elevation 04.-f0; thence to statimr 0}G0, north and south curb elevation 50.75; thence to station 1}10, north and south curb elevation 84 35; thence to station 1}60, ^orth and south emh elevation 81.34; thence to station 2}00, north and soutt curb elevation 80.11; thence to str,tion 2+20.7 north curb elevation 10.42, eouth curb elevation 78.33. Secti~~n 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and puhlir^ttinn as provided by laly. Pas~crl, adopted and approved 1lIay loth, 1n 53. RUBEN V, AUSTIN, lYtayor CLARENCE P. tiVELU r,:~Y F IZnLB LEO N. SCHUELLER CHARLES A. IiINTZINGER Councilmen Attest: J. J. SHEA City Clerk Ynbliched offielally in The Te1e- graph-Herald newspaper this 20th day ut May, 1953. J. J. SHEA 1t, -'Iay ~~ City Cl erlt. Ccamcihnan Kalb moved the adoption of tale ordinance, Sec- onded by Councilman Kintzinger. ('arried by the following vote: Y~eao-P1layor Austin, CouncIl- Inen Kintzinger, Kolb, Schueller, ~~'elu. hia~,'s-None. ti':D9t~!~,€~9CE VSO, ly-y3 An Ordinance establishing a grade on Coates Street front a point X00 feet li~est of the center- line of Cross Street to a point 646 feet west of the centerline of Crass Street, presented and read. Catmcihnan Kolb moved that tl~o r2~Ciing just had be considered the first teadiilg of the ordinance. Seconded by Councilman Welu, Carried by the follo~,ving vote: Yeas-Itlayor Austin, Council- m_n Kintzinger, Kolb, Schueller, LVeiu. i~,lays-i'donz. Carlllcilraan Kalb moved that tte miles be suspended requiring an ahdinance to be read on three separate days. Seconded by Coun- cilman Kintzinger, Carried by the following vote: °l:eas-Mayor Austin, Cotmcil- men Khntzinger, Kolb, Schueller, YJeln. i•i ays-1870112. ORDINANCE N0. 17.53 An Ordinance Establishing a Grade on Coates Street from a Point 250 Feet 1~'est of the Centerline of Cross Street to a point 640 Feet TSrest aP the Centerline of Cross Street. i Special Session, May 12th, 1953 373 Be It Ordained h}~ the City Council of the City of Dubuque: Section 1. That a grade on Coates Street firom a point 280 Peet west of the centerline of Cross Street to a point fi46 feet west of the centerline of Cross Street be and the came is hereby established and adopted as shon'n by the profile of said street and grade prepared by the City En- gineer, being profile number 1368. Bench 14larlc: Point of Arrow on Fire 133'drant at the corner of Coates and Cross Streets, elevation 770.15. Said grade begins at a point 280 feet west of the centerline of Cross Street which is station 0}00, north and south em•h elevation 777.74, thence to station 3}56, north and south mirb elevation 772.5, Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved :tray 12th, 1953. RUBEN V. AUSTIN, 11layor CLARENCE P, tiVELU RAY F. TiOLB LEO N. SCHUELLER CHARLES A. I~INTZTNGER Councilmen Attest: J. J. Shea City Cleric Published officially in The Tele- graph-Herald newspaper this 20th day of bIay, 1953. J. J. SHEA, 1t IvIay 20 city clerk Councilman Kalb moved the adoption of the ordinance. Soc- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kalb, Schueller, Welu. Nays-None. O~DHNANCE N0. 19-33 An Ordinance establishing a grade on Abbott Street from the north property line of Lowell Street to the south property lino of Mantcrest Street, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wehl. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men i'iintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 18.53 An Ordinance Establishing a Grade on Abbott Street from the North Property Line of Lowell Street to me South Property Line of Mont- erest Street. Ee It Ordained b} the City Council of the City of Dubuque: Section 1. That a grade on Ab- bott Street frmn the North Property Line of Lowell Street to the South Property Line of 11Iontcrest Street be sod the same is hereby established nud adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile mm~ber 1369. Bench Mark: Point of Arrow on Fire Hydrant at corner of Lowell and Abbott Streets, eleva- tion 204.42. Said grade begins at the North Property Line of Lowell Street which is station 0}00, east utd west curb elevation 201.20; thence to station 2}00, east and west curb elevation 1SG.47; thence to station 5}Ofi.7, east and west enrh elevation 174.20. Section 2. This ordinance shall be in frill force and effect immediately ulxtn its final passage anti adoption and publication as provided by 1aty. Passer1, adopted and approved May 12th, 1953. RUBEN V. AUSTIN, 11layor CLARENCE P, 1VELU RAY F. I~OLB LEO N. SCHUELLER CHARLES A. I{INTZI:QGER Cotmcihnen Attest: .J. J. Shea City Clerk Pnbnshed officially in The Tele- graph-Herald newspaper this 20th day oP Map, 1953. J. J. SHEA, 1t IVIay 20 City Cler]c Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, ORDINANCE N0. 19-53 An Ordinance establishing a grade on Link Street from the east property line of Brunswick Street to the west property line of Burden Avenue, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance, Seconded by Councilman Welu, Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an o~rdinauce to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, .a- ~' ,~.~ .k^_ t;`' s. .] s `: ~' ~ :: ~,.,;` € :~_ €.'~ , #~ ;;'' i z~;+, ~`~°' ~..'• r. 374 Special Session, May 12th, 1953 ORDINANCE N0. 1953 An Ordinance Establishing a Grade on Linlc Street from the East PCOA- erty Line of Branswiclc Street to the West Property Line of Burden Avenue. Be It Ordained by the City Council of the City of Dubuque; Section 1. That a grade on Link Street from the East Property Line oP Brunswick Street to the West Property Line of Burden Avenue he and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the Cit1' Engineer, being profile num- ber 1371. Bench 112ark; Point of Arrow on Fire Hydrant at the corner of Brunswick Street and Strauss Street, Elevation 727.53. Said grade begins at the east property line of Brunswick Street which is station 0+00, thence to etation 0}25, east and west curb elevation 734.86, thence to station 2-10, south curb elevation 716.69, nm•th curb elevation 716.04, thence to station 3-10, north and south curb elevation 710.57, thence to station 4}20. north and south curb elevation 693.20, thence to sta- tion 5+00, north curb elevation 691,4fi, south curb elevation 690.44. Section 2. This ordinance shall be in full force and effect immediate- ly upon its final passage and adop- tion and Publication as provided by law. Passed, adopted and approved May 12th, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F, KOLB LEO SCHUELLER CHARLES A. KIN C tmc'Emen Attest: 7. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 20th daY of May. 1953. 7. J, Shea It May 20 City Clerlc Councilman Kolb moved the adoption of the ordinance, Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 2Q-53 An Ordinance establishing a grade on St. Ambrose Street from the north property line of Sem- inary Street to the south property line of Fairway Drive, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Cotmcilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men I{intzinger, I{orb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read an three separate days. Seconded by Coun- cilman Kintzinger, Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. 2Q--53 An Ordinance Establishing a Grade on St. Ambrose Street from the north property Line of Seminary Street to the south property Line of Fairway Drlve. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on St. Ambrose Street from the North Property line of Seminary Street to the South Property Line of Fairway Drive he and the same is hereby es- tablisher) and adopted as shown by the profile of said street and grade prepared by the City Engineer, be- ing profile number 1372. Bench 111aric: Point of arrow on Fire Hy- drant at corner of St. Ambrose Street and Sunnyviety Drive. Elevation 806. 50. Said grade begins at the north property line of Seminaty Street tr•hich is station 0+00, east curb ere. vation 860.40, west curb elevation 561.38, thence to station 0}50. east and west curb elevation 845.SQ, thence to station 4 {-15.3. east and west curb elevation 805.00, thence to sta- tion 4-{-65.3, east curb elevation 804. fi0, west curb elevation 803.60, thence, to station 6}1Q east curb elevation 801.10, west curb elevation 301.05, thence to station 6~ 60, east and west cm~b elevation 796.27, thence to sta- t[on 8-~-81.5, east and west curb ele- vation 814.30, Section 2, This ordinance shall be in full force and effect immediate- ly upon its final pasage and adoption and publication as provided by law, Passed, adopted and approved May 12th. 1953. RUBEN V. AUSTIN, Mayer CLARENCE P. WELU RAY F. KOLB LEO N. SCHIELLER CHARLES A. KINTZINGER Councilmen Atest. J. J. Sltea City Clerlc Published officially in The Tele- graph-Herald newspaper tlils 20th dap of May, 1953, J J. Shea 1t -Iay 20 City Clerk Counaihnan Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 21-53 An Ordinance establishing a grade on west side of Garfield Avenue from the south property line of Stanton Street to the south property line of Roosevelt Street, presented and read. Councilman Ifolb moved that the reading just had to be con- Special Session, May 12, 1953 375 sidered the first reading of the ordinance, Seconded by Council- man Welu, Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman I{orb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Wehl. Nays-None. ORDINANCE 2153 An Ordinance Establishing a Grade on West Side of Garfield Avenue from the South Property Line of Stanton Street to the North Property Line of Roosevelt Sheet. Be 1t Ordained by the City Council of the City of Dttbuque. Section 1. That a grade on the West Side of Garfield Avenue from the South Property Line of Stanton Street to the North Property Line of Roosevelt Street he and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City En- gineer, being profile number 1373. Bench 114ar]t; Point of Arrow on Fire Hydrant on the North West Corner of Roosevelt Sheet and Garfield Avenue, elevation 631.69. Said grade begins at the south property line of Stanton Street which is station 0 { OQ, west curb elevation 633.46, thence to sta- tion 1-x-00, west curb elevation 632.42, thence to station 2+00, west curb ele- vation 681.38, thence to station 3 } OU, west curb elevation 630.34, thence to station 4L02,5, north property line oP Roosevelt Street, east and west curb elevation 620.30, Section 2. This ordinance shall be in full force and effect imntediate'.y upon its final passage and adoption and publication as provided by law. Passed, adopted and approved May 12th, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F. IiOLB LEON SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA City Clerk Publisher) officially in the Tele- graph-Herald newspaper this 20th clay of -Iay, 1953. J, J. SHEA lt. May 20 City Clerk. Councilman Kolb moved the adoption of the ordinance, Sec- onded by Councihman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, ORDIP~dANCE N0, 22-53 An Ordinance establishing a grade on Ramona Street from the south property line of Mt. Loretta Avenue to the end of Ramona Street, presented and read, Councilman Kolb moved that the reading just had be considered the first 1'eading of the ordinance. Seconded by Councilman Welu. Carried by the folowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays--None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be road on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Weltt. Nays-None. ORDINANCE 22.53 An Ordinance Establishing a Grade on Y,amona Street from the South Property Line of Mt. Loretta Ave- nue to the end o fRamona Street. Be It Ordained by the City Council of the City of Dubuque; Section 1. That a grade on Ramona Street from the South Property Line of -Ir. Loretta Aventte to the end of Ramona Street be and the same is hereby- established and adopted as shown by the profile of said street and grade prepared by the City En- g~ineer, being profile number 1374. Beach Marlc: Point of Arrow on the Fire Hydrant at cm•ner of 11It. Loret- ta Avenue and Bryant Street, eleva- tion 859,91. Said grade begins at south property line of HIt. Loretta Avenue which is station 0-{-00, east and west curb elevation 862.80, thence to station 0}10, east and west curb elevation 852.40, thence to station 1-F50, east and west curb elevation 844.00, thence to station 2}00, east and west curb elevation 841,40, thence to station 2-{-b0, east and west curb elevation 838 80, thence to station 4}i10, east am west curb elevation 832.20, thence to station 4}50, east and west curb elevation 831.16, thence to station b+00, east and west curb ele- vation 832.43, thence to station 5-F94 north Property line of Adeline Street, east and west curb elevation 539.00, thence to station 6-x-44, south proper- tv line of Adeline Sheet, east and nest curb elevation 837.00, thence to station 7-J-00, east and west curb elevation 836.21, thence to station 7~ 50, east and west curb elevation 534.73, thence to station 8{00, east and west curb elevation831.90, thence to station 9+00, east and west curb elevation 824.70, thence to station 9+26, east and west curb elevation S23.OS, thence to station 9{60, east and nest curb elevation 822.27, thence fo station 9}G2, east and west curb elevation 821.97. Section 2. This Ordinance shall be in full force and effect immediately upon its final passage and adoption and publicaiton as provided by law, 376 Special Session, May 12, 1953 Passed, adopted and approved 1llay 12th, 1963 RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F. IiOLB LEO N, SCHUELLER CHARLES A. IfINTZINGER Councilmen Attest: J. J, SHEA City Clerk Published officially in The Tele- graph-Herald newspaper this 20th day of flay, 1953, J. J. SHEA 1t. May 20 City Clerk. Councilman Kolb moved the adoption of the ordinance, Sec- onded by Cauncihnan Kintzinger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu, Nays-None, ORDINAPCE EqO. 23-53 An Ordinance establishing a grade on Sunnyview Drive from the east property lino of Bunker Hill Street to a point 1,263,7 feet east of the east property line of Bunker Hill Street, presented and read. Councilman Kolb moved that the goading just had be considered the first reading of the ardinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-114ayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote; Yeas-Magog Austin, Council- men Kintzinger, Kolb, Schuelleg, Welu, Nays-None. ORDINANCE N0. 23.53 An Ord[nanee Establishing a Grade on Sunnyview Drive from the East Property Line of Bunker Hi11 Street to a Point 1,263.7 Feet East of the East Property Line of Bunker IIiI] Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Sunuy- view Drive from the East Property Line of Bunker Hiil Street to a point 1,263.7 feet east of the east property line of Bunlter Hill Street be and the same is hereby established and adopt- ed as slowu by the profile of said street and grade prepared ly the CitS' Engineer, being profile number 1315. Bench Marlc: Point of Arroty on Fire Hydrant at the corner of Bunker Ai11 Street and Sunnyview Drive, Elevation 847.73, Said grade begins aC the east property line oP Bunker Hill Street which is station 0 {-00, north and south curb eleva- tion 545.60, thence to station 0+20, north and south curb elevation 844.45, thence to station 0}40, north and soots curb elevation 543.60, thence to station 1-50, north and south curb elevation 830.1;0, thence to sta- tion 2-F00, north and south curb ele- vation 825.41, tlenge to station 2+60, north and south curb elevation 821.15, thence to station 3-I 70, north and south curl elevation 311.90, thence to station 4 } 2Q north and south curb elevation 808.73, thence to etation 4 { 70, north and south curb elevation S0G.94, thence to station 6}00, north and south cnrh elevation S0i.08, thence to statimt 6 }-17.7 West Property Liue of St. Ambrose Sheet, north and south curb elevation 503.89, thence to station 6-1-50, north and south curb elevation 504,56, thence to station 6-FS3.7 East Property Line of St. Ambrose Street, north and south curb elevatimt 806.65, thence to station 7~ 00, north and south curb elevatien 508.15, thence to stat[on 8+90, north and south curb elevation 827.94, thence to station 9+90, north and south curb elevation 835.11, thence to station 10-x-90, north and south curb elevation S35.S0, thence to station 11}a0, north and south curb eleva- tion 334.29, thence to station 12-F00, north curb elevation 332.57, south curb elevation 3;3.02, thence to station 12~ 50. north cnrh elevation 530.06, thence to station 12{-639, north curb elevation 329.24, south curb elevation 831.40. Section 2. This ordinance shall be in full fm•ce and effect immediately upon its final passage and adoption and publication as Provided by law. Passed, adopted and approved -~Iay 12th, 1955. RUBEN V. AUSTIN, Mayoc CLARENCE P. WELU RAY F. I~OLB LEO N. SCHHJELLER CHARLES A, I~INTZIATGER Councilmen Attest: J. J. Sites City Clerk Published officially in The Tele- graph-Herald newspaper this 20th da3' of Mt~v, 19x3. J. J, SHEA, It -Iay 20 City Clerk Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDIN~INCE i>J0, 24-•33 An Ordinance establishing a grade on Prescott Street from the north property line of Hamilton Sheet to the south property line of Emerson Street, presented and read, Councilman Ifolb moved that the reading just had be considered the first reading of the ordnance. Seconded by Cotmcilman Kintzin- ger. Carried by the follot¢~ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Wehl. Nays-None, Special Session, May 12, 1953 377 Councilman Kolb moved that the rules be suspended requiring an ordinance to be read an three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men I{intzinger, I{olb, Schueller, Welts. Nays-None, ORDINANCE N0. 24.53 An Ordinance Establishing a Grade on Prescott Street Prom the North Property Line of Hamilton Streef to the South Property Line of Em- erson Street. P>e It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Pres- Cott Street from the North Propert Line of Hamilton Street to the South Property Line of Emerson Street he and the exnte is hereby established and adopted as shown by the profile of raid street and grade prepared ly the City Engineer, tieing profile number 1316. Bench 1llark: Point of drrow on Fire Hydrant at corner of Linenln Avenue and Hamilton Street, Elevation 63.22. Said grade begins 'd the north property line of Hamil- ton Street which is station 0-I-00, east and west ouch elevation 640.60, thence to station 3-i OQ east and rvest cmb elevation 653.50, thence to sta- ' lion 4}96, east and west curb eleva- tion 663.39, thence to station 7-1-55, east and west curb elevation 657A8, thence to station 9+63.1, east and west enrb elevation 653.24. Section 2. This ordinance shall he in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adapted and approved R~fay lath, 1053. RUBEN V, AUSTIN, Mayor CLARENCE P. WELU RAY F. I~OLB I,EO N. SCHUELLER CHARLES A. ISINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The Tele- °raph-Herald newspaper this 20th clay of flay, 1903. J. J. SHEA, 1t 11Iay 20 City Clerk Cotmcilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, 1`Iays-None. ORDI~A~ICE ~&0. 23--33 An Ogdinance establishing a grade on Roosevelt Street from the west property line of Garfield Avenue to the oast curb line of Rhomberg Avenue, presented and read, Councilman Kalb moved that isle reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayan Austin, Council• men Kintzinger, Kolb, Schueller, Weht, Nays-None. Cotmcilman Kolb moved that the rules be suspended regturing an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welts. Nays-None. ORDINANCE N0, 25.53 An Ordinance Establishing a Grade on Roosevelt Street from the West Property Line of Garfield Avenue to the East Curb Line of Rhomberg Avenue. Be It Ordained by the City Council of the City of Dubuque; cent eS~treat ft out tlegtWest tPrope~ty Line of Garfield Avenue to the East Curb Line of Rhomberg Avenue be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the Cite' Engineer, being profile ^umher 7377. Bench lYtark: Point of Arrow on Fire Hydrant at Northwest Corner of Roosevelt Street and Gar- field Avenue, Elevation 631.69. Said °'rade begins at the west property line of Garfield Avenue which is sta- tion 0}00, north curb elevation 629.06, south curb elevation 629.34, thence to station 0{50, north and south curb elevation 625.65, thence to station 2}50, north and south curb elevation 027.19, thence to etation 2-96, north curb elevation 626.35, south curb ele- vation 626.19, Sectimt °. This ordinance shall be in Pul] force and effect hnmediately upon its final passage and adoption and Publication as provided ly late. Passed, adopted and approved 11Iay 12Th, 1953. RUBEN V. AUSTIN, illayor CLARENCE P. WELU ]? AY F, hOLB LEO N. SCHUELLER CHARLES A. IiINTZINGER Councilmen Attest: J. J. Shea City Cleric Pub%ished officially in The Tele- graph-Herald newspaper this 30th da>• of lday, ]903, J. J. SHEA, 1t ~)Iar ~>0 Clty Clerlt Cotmcilman Kolb ln.oved the adoption of the ordinance. Sec• ancled by Cotmcilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schuelleg, Welu. Plays-None, t~Ra~li~ANCE PJO, 26-53 An Ordinance establishing a grade an Emerson Street from the west property line of Garfield 378 Special Session, May 12, 1953 Avenue to the east property line of Lincoln Avenue, presented and read, Councilman Kalb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men I{intzinger, Kalb, Schueller, Welu, Nays-None, Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0, 26.53 An Ordinance Establishing a Grade on Emerson Street from the West Property Line of Garfield Avenue to the East Property Line of Lin- coln Avenue. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Emer- son Street from the Z'tirest Property Line of Garfield Avenue to the East Property Line of Lincoln Avenne he and the same is hereby established and adopted ~ts shown by the Drofile of said street and grade prepared by the City Engineer, being profile num- ber 1378. Bench Mark: Point of Ar- row nn Fire Hydrant at northwest corner of Emerson Street and Gar- field Avenue, Elevation 633.89. Said grade begins at the west property line of Garfield Avenue which is sta- tion 0}00, north and south curb ele- vation 631,50, thence to station 1}00, north and south curb elevation 623.96, thence to station 2-}-36, north and south curb elevation 627.70, thence to station {}00, north and south curb elevation C29.73, thence to station 5}70, north and south curb elevation r,4I,3a. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved Nlay 12th, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F, ROLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: J. J, Shea City Cleric Published officially in The Tele- graph-Herald newspaper this 20th day of May, 1953. S. J. SHEA, It May 20 City Clerk Councilman Kolb moved thf adoption of the ordinance. Sec onded by Councilman Kintzinger Carried by the following vote: Yeas-Mayor Austin, Counci] men Kintzinger, I{orb, Schueller, Welu. Nays-None. OR®14~ANCE N0. a7-53 An Ordinance establishing a grade on Stetmore Street from the existing curb returns at Marion Street and Concord Street to end of existing curbs on St. Joseph Street, presented and read, Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu, Nays-None. Councilman Kalb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas--Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 27.53 .1n Ordinance Establishing a Grade on Stetmore Street from the Exist- ing Citrb Returns at Marion Street and Concord Street to End of Exist- ing' Curbs on St. Joseph St. Be It Ordained uy the City Counci] of the City cf Dubuque: Section 1. That a grade on Stet- more Street frmn the existing curb returns at Marion Street and Concord Street to end oP existing curbs on St. Joseph Street be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City En- gineer, being profile number 1379. Bench Marlc: Point of Arrow on Flre Hydrant on northwest corner of Ma- riou Street and Concord Street, Ele- vation 196.32, Said grade begins at the existing curb returns at Marion and Cmtcord Streets which is station 0 } OQ east curb elevation 192.05, west curb elevation 192,08, thence to sta- tion 1{-00, east and west curb eleva- tion 193,63, thence to station 1}50, east and west curb elevation 194.83, thence to station 2}00, east and west curb elevation 196.88, thence to sta- tion 3f6Q end of existing curbs on St. Joseph Street, east curb elevation 204.65, west curb elevation 204.82, Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as Provided by law. Passed, adopted and approved May ]2th, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The TeIe- Special Session, May 12, 1953 379 graph-Herald newspaper this 20th day of May, 1953. J. J. SHEA, it Rlay 20 City Cleric Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Wells, Nays-None. ORDIw`JA6~CE N0. 28-53 An Ordinance establishing a grade on Primrose Street from the east property line of Kane Stret to the west property line of Muscatine Street, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, I Welu. Nays-None, Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- s Gilman Kintzinger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, ORDINANCE N0. 28.53 An Ordinance Establishing a Grade Prol ertyr Line t of tKane Str tEat ee o the West Property Line of Mus _ ca- tine Street. Be It Ordained by the City Counefl of the City of Dubuque: Section 1. That a grade on Prln- rose Street from the East Property Li f ne o Kane Street to the West Property Line of Muscatine Street be and the same is hereby estab- lished and adopted as shown b y the profile of said street and grade pre- pared by the City Engineer, being Pointe of Arrow on OP'ire ~ydraMt Mat g Keokuk Street and Primrose Street , Elevatiot 783,02. Said grade begins at the north Street which iso st lion nD {-00 e t f , as curb elevation 786.50, west curb eleva- ~s Lion 788.40, thence to station 0}50, east mtrb elevation 787 19 , , west mtrb elevation 787.67, thence to station 5-{-50, north and south curb elevation ~ 5 e t n and south curb elevation 793 465 thence to station 3+85, north and south curb elevation 802,15, thence to sta- ~k lion 9-x-95, north and south curb ele- I vation 795.57, thence to station 10}66, west property line of Muscatine Street, north and south ettrb eleva- tion 788.00. Section 2, This ordinance shall be In frill Porce and effect innnediately upon its final passage and adoption and publication as provided by ]aw. Passed, adopted and approved May 12th, 1953. RUBEN V. AUSTIN, Mayor (`LARENCE P. WELU RAY F. I{OLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially In The Tele- graph-Herald newspaper this 20th day of May, 1953. J. J. SHEA, 1t May 20 City Clerk Councilman Kolb moved the adoption of the ordinance, Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ®R®lNANCE Iv4. 29-53 An Ordinance establishing a grade on Lenox Avenue from the west property line of University Avenue to the east property line of Brown Avenue, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Councilman Kolb moved that the rules be suspend-ed requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, ORDINANCE N0. 29.53 An Ordinance Establishing a Grade on Lenox Avenue from the West Property Line of University Avenue to the East Property Line oP Brown Avenue. Be It Ordained by the City Counefl of the City of Dubuque: Section 1. That a grade on Lenox Avenue from the west property line of University Avenue to the east property Line of Brown Avenue be nd the same is hereby established and adopted as shown by the profile oY said street and grade prepared by the City Engineer, being profile mm~• ber 1381. Bench IVlarlc: Point of Ar- roty ou Fire Hydrant at northeast corner of University and Penns3'lva- nia Avenues, Elevation 860.95. Said grade begins at west property line of ~,-.- b;,-- ~' " $,~. ~: ~. t; ~; x'°,. ~(`' °, ~•E 380 Special Session, May 12, 1953 University Avenue which is station 0 {-00, north and south curb eleva- tion 341.53; thence to station 2+00, north and south curb elevatimt 830.71; thence to station 3}00, north and south curl} elevation 524.20; thence to station 4}00, north and south curb elevation 819.f,0; thence to statimt 6}00, north and south curb eleva- tion 514.55; thence to station 3{-00, north and south cm~b elevation 804.56; thence to station 10}00, north and south curb elevatlon 790.01; thence to station 10}99.1, east property line of Brmvn Avenue, north and south curb elevation 735,92. Section :. This ordinance s1~a11 be in fall force and effect immediately upon its final Passage and adoption and publication as provided by law. Passed, adopted and approved -Iay 12th, 1963. RUBEN V, AUSTIN, Mayor CLARFNC'E P. WELU RAY F. I{OLB LEO N. SCHUELLER CHARLES A. I{INT7,TNGER Conncihnen Attest: J. J. Shea City Clerk Published officially in The Tele- ~tnnh ,Ierakl newsy-apes this 20th day of Map, 1903. J..I. SHEA. It 114ap 20 City Clerk Cotmcilman I{olb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Cotmcil- men Kintzinger, Kolb, Schueller, Weltt. Nays-None. ORDINANC N®< 3a-53 An Ordinance establishing a grade on Brown Avenue from the north property line of University Avenue to the south property line of Carlton Avenue, presented and read, Councilman Kold moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, ~Velu. Nays-None. Councilman Kolb moved that the rules be sttspendod requiring an ordinance to be read en three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austili, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 30.53 An Ordinance Establishing' a Grade on Browu Avenue from the North Property Liua of Uuiversity Avenue to the South Property Line of Carl- ton Avenue. Ba It Ordained by the City Council of the Cit.r of Dubuque: Section .. That a grade on Brown Avenue from the north property line of T7t,i~-ersity Avenue to the south ProperL}~ line of Carlton Avenue be and the same is hereby established and adopted as shon~n by the profile of said street and °rade prepared by the City Engineer, being profile mm~- ber 155... Bench 11'Iark: Point of Ar- roty on Fire Hydrant at northeast cor- ner of Brawn Avenue and University Avenue, Elevation 531.53. Said ti ode begins at the north property line of University Avenue which is station 0}00, east and west curb elevation 3_7.6(1, thence to station 0}50, east and west curb elevation 528.20, thence to station 2-20, east and west cosh elevation 317.70; thence to station }70, east and west curb elevation 513.0; thence to station 4-x-50, east tnd west curb elevation 791.23; thence to station 4}S0, east and west curb elevation 787.54 Sectiou 2. This ordinance shall ho i^ fu;1 force and effect immediately ^pnn its final passage and adoption and publication as provided by law. Passed, adopted and approved -Iay R[iBEN V. AUSTIN, Ma3'or CLAY',ENCE P. ~VELU P,AY F. I{OT,B LEO N.SCHIIELLER CHARLES A. ILINTZINGER GottnCnlnell Attest: J. J. Shea City Clerk Fuhlfshed officially in The Tele- graph-Herald netivspaper this 20th da3` of ]lay, 1953. J. J, SHEA, It 11Iay 20 City Cleric Councilman I{olb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the follo~.ving vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ®RDINANC€ NQ, 31--53 An Ordinance establishing a grade an Beverly Aventte from the oast property line of Lenox Avenue to the end of Beverly Avenue, pre- sented anti read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rt?1es be suspended requiring an ordinance to be read on throe separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Special Session, May 12, 1953 381 ORDINANCE N0. 31.53 An Ordinance Establishing a Grade on Beverly Avenue from the east pro- perty line of Lenox Avenue to the end of Eeverly Avenue. Be Is Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Beverly Avenue Prom the east property line of Lenox Aventte to the end of Bever- ly Avenue be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Enginner, being profile number 1383. Bench -Iark: Point of Arrow on Fire Hydrant at the Northeast corner oP University Avenue and Pennsylvania Avenue, Elevation 860.95. Said grade begine at the south property line of Lenox Avenue which is station 0}00, east and west curb elevation 817.30; thence to station 2}00, east and west curb elevation 818.04; thence to station 3}50, east and west curb elevation 811.66; thence to station 4}50, east and west intro elevation 816.82, thence to station 5~,-00; east and west curb elevation 816.87; thence to station 7}50, east and west curb elevatlon 812.70; thence to station 10 {-00, east and west curb elevation 798.74; thence to station 11}00, east and west curb elevation 791.60. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved Mai' 12th, 1953. RUBEN V. AUSTIN, 19ayor CLARE+NCE P. Vi~ELII RAY F. I{OLB LEO N, SCHUELLER CHARLES A. I{INTZINGER Cattncilmen Attest: J J. Shea City Cleric Published officially in The Tele- graph-Herald newspaper this 20th day of May, 1953. J, J. SHEA, 1t, May 20 City Cleric, CouncIlman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 32-53 An Ordinance establishing a grade on Rowan Street from the south property line of South Grandview Avenue to the south Corporation Limits, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wolu, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 32.53 An Ordinance Establishing a Grade on Rowan Street from the South Pro- perty Line of South Grandview to the South Corporation Limits. Be It Ordained by the City Council of the City of Dubuque; Section 1. That a grade on Rowan Street from the South Property Line of South Grandview Avenue to the South Corporation Limits be and the same is hereby established and adopted as ,]town by the profile of said street and grade prepared by the City Engineer, being profile number 1334. Bench bIark: Point of Arrow on Fire Hydrant at Rowan Street and Grandview Avenue, Elevation 332.74, Postoffice Datum. Said grade begins at station 0}10 which is curb return of South Grandview Avenue, east and west curb elevation 328.10, thence to station 3}50, east and west curb elevation 817.20; thence to sta- tion 4}00, east and west cttrb ele- va`.ion 316.13; thence to station 4 }50, east and west curb elevation 816.10; thence to station 6+50, east and west curb elevation 818.110; thence to sta- tion 7}00, east and west curb eleva- tion 818.28; thence to station 7-{-50, east and tivest em~b elevation 317.83; thence to station 11}35, east and west curb elevation 811,90; thence to station 11}85, east and west curb elevation 310.63; thence to station 12}36, east and west curb elevation 308.35; thence to station 13}00, east and west curb elevation 804.74; thence to station 20}2U, east and west curb elevation 764.68; thence to station 20}70, east and west curb eleva- tion 760.60; thence to station 21}2Q east and west curb elevation 757.86; thence to station 23}95.9, east and west curb elevation 735.59. Seotion 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by ]atv. Passed, adopted and approved May 12th, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P, tiVELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. I{INTZINGER Councilmen Attest: J. J, SHEA City Clerk PubLshed officially in The Tele- graph-Herald newspaper this 20th day of BIay, 1953. J. J. SHEA, 1t. May 20 City Clerk. Councilman Kolb moved the adoption of the ordinance, Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0, 33-53 An Ordinance establishing ~~~" ~- ~,. =j' . i ` .._ `~' x x'f ::., 1.=°=, i^~"__. :: ~; '' 382 Special Session, May 12, 1953 grade on Shiras Avenue from 450 feet south of the south property line of Jansen Street to 1,002 feet north of the north property line of Jansen Street, presented and read, Councilman Kolb moved that the reading just had be considered the first reading of the ordinance, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE NO 33.53 An Ordinance Establishing a Grade on Shiras Avenue from 450 Feet South of the South Property' Line of Jansen Street to 1,002 feet North of the North Property Line of Jan- sen Street. Be It Ordained by the City Council of tie City of Dubuque: Section 1. That a grade on Shiras Avenue from 450 Peet south of the south property line of Jansen Street to 1,00E feet north of the north prop- erty line of Jansen Street be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profi]e num- ber 1385, Bench Mark; Point of Ar- row on Fire Hydrant 50 feet east of Station 2}40, Elevation 120.36, Said grade begins at station 0}00 which is 450 feet south of the south prop- erty line of Jansen Street, east and west curb elevatimr 113.58; thence to station 4}5U which is the south prop- erty line of Jansen Street, east and west curb elevation 120.01; thence to station 4}83, which is north property line of Jansen Street, east and west curb elevatimr 120.50; thence to sta- tion 5}00, east and west curb eleva- tion ]2D,89; thence to station 5}60, east a.nd west curb elevation 122,OD; thence to etatfon 11}00, east and west curb elevation 136,78; thence to station 14}85, which is 1,002 feet north of north property line of Jan- sen Street, eaet and west curb ele- vation 143.81. Section 2. This ordinance shall be in Pull force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved Nray 12th, 1953. RUBEN V.I AUSTIN, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Counci-men Attest: J. J. Shea City Clerk Published oPPicially in The Tele- graph-Herald newspaper this 20th day oP May, 1953. J. J. SHEA, It May 20 Gity Clerk Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 34-53 An Ordinance establishing a grade on West Sixteenth Street from end of existing pavement 262 feet east of Catherine Street east property line to end of West 16th Street 362.5 feet west of west property line of Catherine Street, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu, Cal•ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger•. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE NO. 34.53 An Ordinance Establishing a Grade on West Sixteenth Street from End of Existing Pavement 262 Feet East of Catherine Street East Property Line to End of West 16th Street 362.5 Faet West of West Property Line of Catherine Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on West Sixteenth Street from end of exist- ing pavement 262 feet east of Cath- erine Street east property line to end of Nest Sixteenth Street 362.5 feet west of west property line of Cather- ine Street be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being profile number 1386. Bench Mark; Railroad Spilce in pole at end of existing pavement south side of street and 262 feet east of east prop- erty line of Catherine Street, Eleva- tion 100.00. Said grade begins at station 0}00 which is the end of esisting~ pavement 262 feet east of the east property line of Catherine Street, north and south curb elevation 98.7; thence to station 1}50, north and south curb elevation 94.61; thence to Special Session, May 12th, 1953 383 station 2}85, north and south curb elevation 69.05; thence o station 3}D5, north and south curb elevation 68.09; thence to station 3}75, north and south curb elevation 68.71; thence to station 4}25, north and south curb elevation 71.06; thence to station 4}76, north and south curb eleva- tion 77.15; thence to station 5}00, north and south curb elevation 81.15; thence to station 5}5Q north and south curb elevation 89.66; thence to station 6}00, north and south curb elevation 99.15; thence to station 6}73,5, north and south curb eleva- tion 113.85. Section 2. This ordinance shall be in Pun force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved May 12th, 1953, RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. EINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 20th day of May, 1953. J. J. SHEA, 1t May 20 City Clerlt Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N®• 35-53 An Ordinance establishing a grade on Bunker Hill Street from the nor•tll property line of Sem- inal•y Street to the north prop- erty line of Fairway Drive, pre- sented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be 1•ead on three separate days, Seconded by Coun- cilman Kintzinger, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE NO. 35.53 An Ordinance Establishing a Grade on Bunker Hill Street from the North Property Line of Seminary Street to the North Property Line of Fairway Drive, Be It Ordained by the City Council of the Cit3' of Dubuque: Section 1. That a grade on Bunker Bill Su•eet from the North Property Line of Seminary Street to the North Property Line of Fairway Drive be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the Cit3' Enghreer, being profile number 1387. Bench Mark: Spike in pole at Bunker Hill Street and Sem- inary Street, Elevation 838.71. Said grade begins at station 0}00, which is the north property line of Semi- nary Street, east curb elevation 838.60, west curb elevation 839.50; thence to station i}OQ east curb elevation 837.27, west curb elevation 837.40; thence to station 2}80, east and west curb elevation 83S,30; thence to sta- tion 3}-80, east and west curb eleva- tion 843.40; thence to station 0}60, east and west curb elevation 849.58; thence to station 9}17, north property line of Fairway Drive, east and west curb elevation 833.21. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as Provided by law. Passed, adopted and approved May 12th, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F, KOLB LEO AT. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: J. J. Shea City Clerlt Published official-y in The Tele- graph-Herald newspaper this 20th day oP -Iay, 1953. J. J. SHEA, It May 20 City Clerk Councilman Kolb moved the adoption of the ordinance, Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0, 36-53 An Ordinance establishing a grade on Southern Avenue from the north property line of South Grandview Avenue to Station 12.44 beginning of existing curb on the east side of Southern Ave• nue, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Councilman Kalb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger, Carried by the following vote: fY->, ~~:` Est i'_ ,.- E'.- ~t.;' _.:,',< ~,; _ !!:;•`; `i. „'~ ,; ;';: ~;':: 's:'' Y't :. 384 Special Session, IVIa~ 12th, 1953 Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 36.53 An Ordinance Establishing a Grade on Southern Avenue from the North Proi,erty Line of South Grandview Avenue to Station 12-44 Beginning of Existing Curb on the East Side of Southern Avenue. Be iC Ordained by the City Cottncil of the City of Dubuque; Section 1. That a grade on South- orn Avenue from the north property line of South Grandview Avenue to Station 12~-4~1 beginning of existing curb on the east side of Southern Avenue be and the same is hereby established and adopted as shown ley the profile of said street and grade prepared by the City Engineer, being profile number 1358. Bench Hark: Point of Arrow on the Fire Hydrant at northeast corner of South Grandview and Southern Avenue, Ele- vation 824.10. Said grade begins at station 0}OD, which is the north prop- erty line of South Grandview Ave- mte, east and west curb elevation 510.30; thence to station 1-}-50, east and west curb elevation 810.40; thence to station 5-x-50, east and west curb elevation 776.06; thence to station S}50, east and west curb elevation 710.00; thence to station 121-44 which is existing curb east side of Southern Avenue, east curb elevation 702.10. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved May 72th, 1953. RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 20th day of May, 1953. J. J. SHEA, It May 20 City Clerk Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, RESOLUTION NO. 269-53 Be It Resolved by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Paul Schollmeyer, 176 Locust Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 12th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P, WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZIlVGER Councilmen Attest; J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 269-53 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMITS Richard Alderson, 1555 So. Grandview Avenue, Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue. Paui Schollmeyer, 176 Locust Street. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Club, 111 West 6th Street. Passed, adopted and approved this 12th day of May, 1953, RUBEN V, AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution, Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Austin, Council- Special Session, May 12th, 1953 385 men Kintzinger, Kolb, Schueller, Welu. Nays-None. RE50l.UTION N0. 270-53 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they i have received the approval of this ` Council; and Whereas, the premises to be occupied by such applicants have been inspected and found to comply with the ordinances of { this City and they have filed proper bonds: 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 Richard Alderson, 1555 So. Grandview Avenue, Harry N. Gantert and Lucile Gantert, 1301 Rholnberg Avenue, Paul Schollmeyer, 176 Locust Street. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Club, 111 West 6th Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, i Passed, adapted and approved this 12th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P, WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerlc. Councilman Kalb moved the 1 adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men hintzinger, Kolb, Schueller, Welu. Nays-None. ~ Councilman Kintzinger moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Schueller. Carried by the fol- k- lowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Mr. Leo Steffen, representing the Dubuque Sports Bawl ad- dressed the Council asking their co-operation in providing a road from Eagle Point to the Dubuque Sports Bowl. Councilman Kintzin- ger moved that the matter of pro• viding a road from Eagle Point to the Dubuque Sports Bowl be re- ferred to the City Manager and City Solicitor to confer with the Dock Board and to submit a re- port back to the City Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, ~Jelu. Nays-T; one, There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-Ncne, J. J. Shea, City Clerk. Approved 1953 Adapted ... 1953 Councilmen, ~ .................................. Attest : .................................... City Clerk ~F ;,~°` } ~: =,':' E~- is°: ~;~~ '°'_ ~:,°' ~• ;;; ;;? 386 Special Session, May 20th, 1953 (OFFICIAL) Special Session, May 20th, 1953, Council met at 4:30 P,M. Present-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Absent-City Manager Schiltz, Meeting called by order of Mayor Austin. Mayor Austin 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. 257-53. A resolu- tion awarding contract to Schueller & Company far the improvement of various streets with concrete curb and gutter and acting on any other business as may properly come before a regular meeting of the City Council, (Awarding C®n4racR) ItEBOLUT105i M0. 257-53 Whereas, sealed proposals have been submitted by contractors for the improvement of the following streets by installing concrete curb and gutter thereon, to-wit: Alta Place from the south prop- erty line of Filhnore Street to the south end of Alta Place, Abbott Street from the south property line of Lowell Street to the north property line of Mont- crest Street. , Beverly Avenue from the south property line of Lenox Avenue to the end of Beverly Avenue. Brown Avenue from the west property line of University Avenue to the east property line of Carlton Avenue, Bunker Hill Road from a point 18 feet south of the south prop- erty line of Finley Street to the south property line of Asbury Street. Bunker Hill Road from the north property line of Seminary Street to the south property line of Fair- way Drive. Burlington Street from the west property line of Lot 79 of Mc- Daniel's Park Hill Addition to the west property line of National Street. Edith Street from the west prop- erty line of Bm•den Avenue to the east property line of Brunswick Street, Emerson Street from the east property line of Lincoln Avenue to the west property line of Garfield Avenue. Finley Street from the northwest property line of University Ave• rue to the east property line of Bunker Hill Road, Garfield Avenue from the north property line of Roosevelt Street to the south property line of Stanton Street, Lenox Avenue from the west property line of University Avenue to the west property line of Brown Avenue, Link Street from the west prop- erty line of Burden Avenue to the east property line of Brunswick Street, Montcrest Street from the east property line of Abbott Street to a point 320 feet east of the east property line of Woodworth Street, Prescott Street from the north property line of Hamilton Street to the south property line of Emer- son Street. Frimrose Street from the north property line of Kane Street to tho south property line of Muscatine Street. Ramona Street from the north property line of Lot 1.16 of M, Walter's Addition to the south property line of Mt. Loretta Ave- nue. Roosevelt Street from the east property line of Rhomberg Avenue to the west property line of Gar- field Avenue, St, Ambrose Street from the north property line of Seminary Street to the north property line of Fairway Drive, Seminary Street from the west property line of St. Ambrose Street to the east property line of Asbury Street. Stetmore Street from 20 feet west of the east property line of Lot 17 of Babcock's Addition to the north property line of Marion Street. Sunnyview Drive from the west property line of St, Ambrose Street to the east property line of Bun- ker Hill Road. Sutter Street from the east prop- erty line of Queen Street to the Special Session, May 20th, 1953 387 west property line of Windsor Avenue, Whittier Street from the east property line of Rhomberg Avenue to the west property line of Gar- field Avenue. West 16th Street from the east property line of Catherine Street to a point 70 feet east of the east property line of Henion Street, pur- suant to Resolution No. 236-53 and notice to bidders published in a newspaper published in said ~ City on April 24th, 1953 and April 27th, 1953; and ~ Whereas, said sealed proposals ~ were opened and read on May 12th, 1953, and it has been determined that the bid of Schueller & Com- pony of Dubuque, Iowa in the amount of $76,086,95, was 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 Schueller & Company and the Managor 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 upon signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Approved and placed on file for one week on May 12th, 1953. Passed and adopted this 20th . day of May, 1953, RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER f Councilmen Attest: J. J, SHKA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- -" ried by the following vote; k' Yeas-Mayor Austin, Council- ).- men Kintzinger, Kolb, Schueller, Welu. i Nays-None, Communication of Charlotte M. McInerney submitting offer in the amount of $50.00 for tho purchase of Lot d in Quigley's Subdivision of Out Lot 709 and 710 on Pierce Street, presented and read. Councilman Welu moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Communication of Gaylord NI. Coachman submitting copy of a letter sent to the Planning and Zoning Commission advising that it would be a serious financial hardship to the University of Du- buque to have a street put through adjacent to Chalmers Field on the West, presented and read. Councilman Kalb moved that the communication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Guy M. Gil- lette, U,S. Senator, with reference to the appropriations for the Upper Mississippi River, presented and read. Councilman Kolb moved that the communication be received and filed, Seconded by Council- man Schueller, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Leo J. Welu and others requesting that the alley between Lowell Street and Cottage Street and from Abbott Street to Woodworth Street be opened, pre- sented and read. Councilman Kolb moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. ;d ~- ~, ~;'~ 4?'~_ ,: .`'> . ~." 38~ Special Session, May 20th, 1953 Petition of Mrs. John Potras and others requesting that a stop light or lights be installed on the corn- ers of West Locust and 16th Streets, presented and t•ead. Councilman Kintzinger moved that the petition be referred to the City Manager and Police Depart- ment for recommendation and re- port. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Kintzinger moved that the matter of restricting parking on one side of the street at St, Mary's and West Third Street and also the matter of erecting stop signs at the inter- section of Stafford Street and Lincoln Avenue be referred to the City Manager and Police Depart- ment for recommendation and re- port. Seconded by Councilman Schueller. Carried by the following vote: Yeas--Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of the Dubuque Boat Club requesting that they be granted the use and control of the Eagle Point River Front area bounded on the south by Haw- thorne Street, on the west by the Chicago, Milwaukee, St, Paul and Pacific railroad tarcks, and on the north by the Dubuque-Wisconsin Bridge for the holding of boat races on July 4th and 5th, 1953 and also to make a nominal charge for admission to the said area, presented and read. Councilman Kolb moved that the petition be referred to the City Manager for his action. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of M. L. Gaber & Co. requesting that they be granted a blanket permit to excavate in the streets of the City of Dubuque for one year, presented and read. Councilman Kolb moved that the request be granted providing that proper excavation bond and insurance policies are filed cover- ing such excavations. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of Gerald F. Winters Post No. 9663 Veterans of Foreign Wars requesting permission far the holding of a carnival during the week of June 8 through June 13, 1953, presented and read. Councilman Kolb moved that the request be granted. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None, Petition of Dubuque Packtng Company requesting permission to excavate in and along the easterly side of Sycamore Street from East 15th Street to East 16th Street and then diagonally across East 16th Street into its plant for the purpose of constructing and laying a ten inch water line, presented and read. Councilman Welu moved that the petition be referred to the City Manager and Water Superinten- dent far their recommendation and report. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of Ludmilla F. Klauer, Frank and Mary Gruber requesting the vacation of Nightingale Street extending from Levi Street to English Lane and to convey the vacated parcel in equal width to abutters, presented and read. Councilman Kolb moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port, Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, We1u. Nays-None, Councilman Schueller moved Special Session, iVIa~ 20th, 1953 389 that the matter of construction of sidewalks on English Lane be re- ferred to the City Manager. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Russell S. Fullarton, Mrs, W. R. Fullarton and N. J. Kopp requesting that a water main be laid in Kaufman Avenue west of Carter Road, presented and read. Councilman Kolb moved that the petition be referred to the City Manager. Seconded by Coun- cilman Schueller. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. May 19, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is a letter written to Mr. E. B, Lyons, regarding pay- ment for extra time spent con- ducting civil service examinations. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Schueller moved that the communication of City Manager Schiltz be received and made a matter of record. Seconded by Councilman Kolb, Carried by the fallowing vote: Yeas-Mayor Austin, Cotmcil- men Kintzinger, Kolb, Schueller, Welu. Nays-None, May 15, 1953 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 Apri11953, as well as list of claims and list of payrolls for which warrants were issued for the month of April 1953. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Weht moved that the reports be received and placed on file. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, May 19, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policies and bond and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor: TAXICAB Black and White, Yellow and Checker Cab Ca,, Inc,, 410 Eighth Avenue, Policy No. GAC3.7940, Fireman's Fund Indemnity Co, EXCAVATION Andrew Fondell, 2570 Shiras Avenue, Policy No. 187442, U.S, Fidelity and Guaranty Co. Andrew Fondell, 2570 Shiras Avenue, Policy No. 187442, U.S. Fidelity and Guaranty Co. Andrew Fondell, 2570 Shiras Avenue, Bond No. 21214.12-1006- 52, U,S. Fidelity and Guaranty Ca. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Welu waved that the policies and bond be placed on file subject to the approval o£ the City Solicitor. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. It~SAlatlYf9f~9 PqO. 27]®53 Resolution Adopting and Approv- ing the Execution of an Acceptance of a Grant Offer from the United States of America to the City of Dubuque, Iowa for the purpose of obtaining Federal .Aid in the De- velopment of the Dubuque Munici- pal Airport. Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1, That the City of Du- buque, Iowa, shall, for the pur- pose of obtaining Federal aid in the development of the Dubuque Special Session, May 20th, 1953 391 A ", ~: ~:;'` :~'`-'_ ~ ,;;r`,: .,,, , ";~, 5 ~< ~:,; Municipal Airport, enter into a Grant Agreement with the United States of America by executing an acceptance o£ a Grant Offer from the Administrator of Civil Aeronautics, acting for the United States of America, to the Gity of Dubuque, Iowa, and that such Grant Offer shall be as set forth herein below under Section 4. Section 2. The City of Dubuque, Iowa does hereby ratify and adopt all statements, representations, warranties, covenants, and agree- ments contained in the Project Application, which is incorporated by reference in the said Grant Agreement, Section 3. That the Airport Com- mission of the City of Dubuque, Iowa; acting through its officer or officers designated by it to so act, is hereby authorized and di- rected to execute the acceptance of said Grant Offer on behalf of the City of Dubuque, Iowa, Section 4. That the Grant Offer referred to hereinabove shall be a part of this Resolution. Passed, adopted and approved this 20th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P, WELU RAY F, KOLB 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 Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. and Pennsylvania Avenue, and easements for public utilities; which the owners upon said plat designated to the public forever; and Whereas said plat has been examined by the City Council and they find that the same conforms to the statutes and ordinance re- lating thereto, except that the profile of the proposed grade for "St. Anne Drive" has not been submitted, and~the said street has not been reduced to grade- and surfaced; and Whereas the City Council is of the opinion that said street should be reduced to grade and. concrete curbs and gutters placed thereon at such time as the portion of Chaney Road lying between Hill- crest Road and Pennsylvania Ave- nue is improved; Now Therefore Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the dedications of "St. Anne Drive," the portions of Hillcrest Road and Pennsyl- vania Avenue, and the easements for proposed utilities, appearing- on said. plat be and the same are hereby accepted for the purposes for which they are thus designated; Section 2. That the plat of the subdivision of Lot 2 of Lot 1 of Chaney Place in the City of Du- buque, Dubuque County, Iowa, which will hereafter be known as "St, Anne's Subdivision" contain- ing Blocks 1 to 4 inclusive, be and the same is hereby approved and the Mayor and Clerk are hereby authorized and directed to endorse the approval of said City upon said plat, provided that the owners of said property, A, J. Kerper and Ruth Kerper, husband and wife, execute the written ac• ceptance hereto attached, agreeing: 1, Ta prepare a profile of a proposed street grade for St. Anne Drive; 2, To reduce said street to grade at the time that Chaney Road is improved; 3. To improve said street with concrete curb and gutter at the time Chaney Road is improved; d. 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, ail to be done in accordance with the plans, specifications and ap- proval of the City Manager, Passed, adopted and approved this 20th day of May, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: J, J, SHEA, City Clerk, ACCEPTANCE OF RE5OLUT1O~ N0. 272®-53 A. J. Kerper, and Ruth Kerper, his wife, with full knowledge and understanding of all the terms and conditions of Resolution No. 272- 53, hereby accept the same as adopted, and agree to abide by, comply with and carry out all the terms and conditions thereof, Executed this 4th day of June, 1953. A. J. Kerper Anna Ruth Kerper Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. There being no further business Councilman Kolb moved to ad- journ, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. J. J. Shea, City Clerk, Approved ,........~ ........................ 1953 Adopted ...................................... 1953 Councilmen ~ .................................. RE5OLUTIOfq idO. 27253 Whereas there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Chaney Place [n the City of Dubuque, Dubuque County, Iowa, is platted as "St. Anne's Subdivision," a subdivision of the City of Dubuque, Iowa; and Whereas said plat has been examined by the City Planning Commission and has its approval endorsed, thereon; and Whereas upon said plat appears a street to be known as "St. Anne Drive," portions of Hillcrest Road Attest :...................... City Cerk,