The URL can be used to link to this page

1953 August Council ProceedingsRegular Session, August 3rd, 1953 501 ~._ ;f it ~ I'~ ~~ ~~ ~ ~ i~ ~ ~I~~l~tl (OFfaICIAL) Regular Session, August 3rd, 1953. Council met at 7:30 P.M. Present-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. City Manager Schiltz, Mayor Austin stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly came before the meeting, Proof of publication, certified to by the publishers, of notice of public hearing on the Budget Esti- mate of Expenditures for the fiscal year 1954, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said public hearing. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, BUDGET ESTIMATE AND RECORD DF FILING TOWN AND CITY ESTIMATE NOTICE-The City Council of Dubuque of Dubuque County, Iowa wlll meet August 3rd, 1953, at 7:30 P,h1, at City Halh Taxpayers will be heard for or against the following estimate of expen= ditures for the year beginning January 1, 1954. A detailed statement of re• ceipts and disbursemens, both past and anticipated will be available at the. hearing, J. J, S1IEA, ilt, July 20 City Clerk i I N yH N ~ 0 N M ~~tlti'~ vN ~ ~ bMb "~ma b~ ~ ro~W~ 9 ~eN ~ ~H p ~ p~~s Funds ~ M °~' aq.~~' ~~~" g q .YUwo . ®o ~' kGe ~^m 4u Q'kW WvNro W~~K ~~. F W CA W ~ h ®E H A -- General .............. 114,947 136,638 231,948 - 24,000 81,450 126,498 Street . . ....., 276,215 339,921 298,121 136,000 9,973 162,198 Publie Safety ..,... 349,334 509,300 585,985 20,000 68,22b 487,740 Sanitation ..,....... 171,200 225,528 259,277 5,300 18,100 230,8771 Municipal Enterprise 119,502 180,469 211,141 27,677 47,520 135,9491 Recreation . , , .. , .... 196,1u 196,925 215,526 5,000 39,200 171,3261 Utilities ............ 347,229 434,683 414,520 45,000 317,520 52,000 ~ Debt Service ...,... 27,218 44,011 63,502 63,502 ~ Trust and Agency 65,484 92,418 141,525 5,100 136,925 Emergency ....,.,. 37,200 6,600 Street (road use taxi 175,000 10,000 165,000 Liquor Profit .. 26,687 52,935 47,000 47,000 Parking Meters and Parking lots ......,. 85,473 14,915 100,000 30,000 70,000 Street (Agr. Land) .. 273 273 ;City Assesment Exp. 5,332 9,205 12,507 12,807 Totals ......... 1,801,923 2,243,568 2,751,605 302,977 869,008 1,579,590 Estimated Taxes per $1,000.00 of assessed value $32.36. , Taxable Valuation (1952) ............... .......... ........... ..... ~ 46,983,315, 1 M 8 722,770; Money and Credits (1952) ............... .......... ........... 5 M $ 11,740,153' RESOLUYIOiV M0, 317-53 Whereas, the Council of the City of Dubuque, caused to be prepared and published, as provided by law, the Budget Estimate of Ex- penditures for the fiscal year be- ginning January 1, 1954 and end- ing December 31, 1954 and the hearing upon said Budget Estimate was fixed for the 3rd day of Aug- ust, 1953 at 7:30 P.M, at the Coun- cil Chambel• in the City Hall; and Whereas, this being the time and place for said hearing, said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given the opportunity to be heard for' or against said Budget Estimate. It Is Therefore Resolved by the City Council of the City of Du- buque, Iowa; That the Budget Estimate of Ex- penditures for the fiscal year be- ginning January 1, 1954 and end- ing December 31, 1954 heretofore _; ,i' ;': '.' #,;; , re=`•'`' ~~ .;": ~` $: 502 Regular Session, August 3rd, 1953 prepared and published be and the same is hereby finally approved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with the verified proof of publi- cation and the notice of hearing upon said Budget Estimate. Be Tt Further Resolved, that, the taxes required to be collected in the year be and the same are hereby levied in the various funds in the amounts in said Budget Estimate. Passed, adopted and approved this 3rd day of August, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZHJGER 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. RESOLUTION N0. 318-53 A resolution establishing the tax levies for the year 1953, the taxes to be collected in the year 1954 and used for municipal pur- poses of the City of Dubuque. Be It Resolved by the City Council of Dubuque that there be and there is hereby levied the taxes for municipal purposes for the ensuing year 1954 of the fol- lowing number of mills on the dollar of all taxable property with- in the corporate limits of said city. 2.5940 mills for General Fund. 102066 mills for Public Safety Fund. 4.7344 mills for Sanitation Fund. 3.1199 mills for Street Fund. 2.7878 mills for Municipal En- terprise Fund. 3.5132 mills for Recreation Fund. 1.0663 mills for Utilities Fund. 02627 mills for City Assessment Fund. 1.3022 mills for Debt Service Fund. 0.9146 mills for Fire Pension Fund. 02846 mills for Fire Retirement Fund. 0.6060 mills fm• Police Pension Fund. 02743 mills for Police Retire- ment Fund. 0.2425 mills for Social Security Fund. (Federal) 0.4758 mills for Employees Re- tirement Fund. (State) Be It Further Resolved that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or hor- ticultural purposes. Be It Further Resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce, as shown by the Budget Estimate of Expendi- tures, adopted by this Council on the 3rd day of August, 1953 to the Auditor of Dubuque County on or before August 15th, 1953. Passed, adapted and approved this 3rd day of August, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KIIVTZINGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kintzin- ger. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to property owners of the holding of a public hearing far the construc- tion of Percy Street Sanitary Sewer and Lift Station with force main which consists of an 8 inch sanitary sewer and a lift station and a 6 inch cast iron force main to serve all of Block 6 and Lots 1 to 20 inclusive of Block 15, and Lots 7 to 26 inclusive of Black 7 and Lots 7 to 16 inclusive of Black 14 and Lots 17 to 26 inclusive of Regular Session, August 3rd, 1953 503 Black 4 and Lots 19 to 27 in- clusive of Block 5, all in Grand- view Park Addition, presented and read. No written objections filed. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the following 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 any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 309-53 Resolution of necessity far con- struction of (Short Title) Perry Street Sanitary Sewer and Lift Station with force main, also setting time and place of hearing and prescribing notice far (Short Title) Perry Street Sanitary Sewer and Lift Station with force main. Whereas, proposed plans and specifications, plat and. schedule have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing, among other things the following: a. An estimated total cost of the work. b. The amount proposed to be assessed against each lot for the improvement for the construction of (description of improvement) an 8 inch sanitary sewer and lift station and a 6 inch cast iron force main to serve all of Bloclc 6 and Lots 1 to 20 inclusive of Block 15, and Lots 7 to 26 inclusive of Block 7 and Lots 7 to 16 inclusive of Block 14 and Lots 17 to 28 inclusive of Block 4 and Lots 19 to 27 inclusive of Block 5, all in Grandview Park Addition. Be It Therefore Resolved by the City Council of the City of Du- buque, Iowa; 1. That the City Council deems it advisable and necessary far the public welfare to make said im- provement. 2. Said improvement shall be constructed and done in accord ante with said plans and specifi- cations and 100% of the total cast of making said improvement shall be assessed against all pri- vately owned property lying with• in the assessment district shown on such plat in an amount not to exceed the amount provided by law and in proportion to the special benefits conferred thereby. 3. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. 4. On the 3rd day of August, 1953 at 7:30 P.M., the City Council will meet in the City Council chambers in the City Hall, in the City of Dubuque, Iowa and 'near property owners subject to the assessment and interested partios for and against the improvement, its cost, the assessment thereof, or the boundaries of the district. 5. The City Clerk is hereby authorized and directed to cause public notice of the date, time and place of hearing to be given by publication once each week for two consecutive weeks the first of which publications shall be not less than fifteen nor mare than twenty five days prior to said hear- ing and by mailing a copy of said notice by ordinary mail to the owners of said property to be as- sessed, as shown by the records in the office of the County Auditor not less than fifteen days prior to said hearing. Approved on first reading this 6th day of July, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZIPdGER Councilmen Attest: J. J. SHEA, City Clerk. I move that the foregoing reso- lution be now considered com- plete in form far final adoption and that the same be placed on ,. ~' '',` ~:,, X ~:;t E:: j 504 Regular Session, August 3rd, 1953 file with the City Clerk for public ~ inspection, CLARENCE P. WELD. Councilman. All objections are hereby over- ruled and the foregoing resolu- tion was finally passed, adapted and approved as proposed, this 3rd day of August, 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 Kolb. Car- ried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 319®53 Resolution Approving Detailed Plans, Specifications, Form of Con- tract and Notice to Bidders, and Directing Advertisement to Bid- ders. Whereas the City Council of the City of Dubuque, Iowa has hereto- fore adopted Resolution No. 309- 53, being a Resolution of Necessity for the construction of Perry Street Sanitary Server and Lift Station with force main which consists of an eight inch sanitary sewer and a lift station and 2 six inch cast iron force main to serve all of Block 6 and Lots 1 to 20 inclusive of Block 15, and Lots 7 to 26 inclusive of Block 7 and Lots 7 to 16 inclusive of Block 14 and Lots 17 to 26 inclusive of Block 4 and Lats 19 to 27 in- clusive of Block 5, all in Grand view Park Addition, and, Whereas the City Engineer has submitted and filed with the City Clerk detailed plans and specifica- tions, form of contract and notice to bidders for said improvement; Now, Therefore, Be It Resolved that said plans, specifications, form of contract, and notice to bidders are hereby approved, and that the City Clerk is hereby authorized and directed to publish said notice to bidders, in the manner provided by law, once each week for two consecutive weeks, the first of which publica- tions shall be not less than twelve (12) days before the date set in said notice for receiving bids. And that each bid be accompanied by a certified check on an Iowa bank for not less than $2,500.00. Passed, adopted and approved this 3rd day of August, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZRVGER 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. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and intention of the City Council to issue bonds to pay for the construction of a six inch sanitary sewer in Edith Street from the existing manhole at intersections of Edith and Bruns- wick Streets to a point 124 feet west, presented and read, No written objections filed and no objectors present in the Council Chamber at the time sot far said public hearing, Councilman Schuel- ' ler moved that the proofs of pub- lication be received and filed. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSP~ENTS Resolved by the City Council of the City of Dubuque, Iowa: That to pay fm' the construction of a six (6) inch vitrified the sanitary sewer in Edith Street from the existing manhole at intersection of Edith Street and Brunswick Street to a point 124 feet west by Larson Construction Company, i contractor, in front of and ad- Regular Session, August 3rd, 1953 SOS joining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the schedule. Raymond & Shirley Shire- man, Lot 120, Belmont Add . ...................................... 390.21 George L. Oertel, Lot 133, Belmont Add ....................... 39021 120 Lin. Ft. 6 inch Vitrified 780.42 Tile Sewer @ 3,75 ............ 450.00 2 No, of 6 inch x 6 inch Y Branches r~ 8.62 ............... 17.24 1 No, of Standard Manhole Precast or Brick .............. 250,00 3.33 Sq. Yds. Concrete Sur• face replacement n 9.00.. 29.97 747.21 5% Interest for 52 days....... 5,40 10% Extra Expense ............ 74,72 827,33 City Share ............. ............ 46,91 780,42 All of which is assessed in pro- portion to the special benefits conferred, Passed, adopted and approved this 3rd day of August, 1953. RUBEN V. AUSTIN Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZRVGER Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution, Sec- onded by Councilman Kolb. Car• Tied by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue sewer bonds in the amount of $780.42 to provide for the as- sessed cost of the construction of a six inch sanitary sewer in Edith Street from. the existing manhole at intersection of Edith Street and Brunswick Street to a point 124 feet west, presented and read. No written objections filed and no objectors present in the Cowt- cil Chamber at the time set for said public hearing, Councilman Kolb moved that the proof of pub- lication be received and filed, Sec• owded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 321-53 Resolution providing for the is• suance of Sewer Bonds for the purpose of providing for the pay- ment of the assessed cost of a 6 inch Sanitary sewer in Edith Street. Whereas the contract hereto- fore entered into by the City of Dubuque, Iowa, for the sewer hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $780.42 Dollars of the cost thereof shall be assessed against the property subject to assess- ment therefore; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; Naw Therefore Be It Resolved by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the construction of a six (6) inch vitri- fied the sanitary sewer in Edith Street from the existing manhole at intersection of Edith Street and Brunswick Street to a point 124 feet West there shall be issued Sewer bonds in the amount of $780,42 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called ~`: ~. ~:'.: ;; :;3;~- r t'~:~, -. ~• ~: Y, ~:"' s.'>, i'i' 506 Regular Session, August 3rd, 1953 Sewer bonds; and shall bear the date of September 2, 1953; and shall be numbered consecutively; and they shall be numbered, di- vided into series, and be in such denominations and for such ma• turity dates as are shown in the following table: 1. No Bonds Issued 2. No Bonds Issued 3. No Bonds Issued 4. 5807-$100,00, AprIl 1, 1957 5, 5808--$100,00, April 1, 1958 6. 5809-$100.00, April 1, 1959 7. 5810-$100.00, April 1, 1960 8. 5811-$100.00, April 1, 1961 9, 5812-$100.00, April 1, 1962 10. 5813-$100,00, April 1, 1963 10. 5814-$ 80.00, April 1, 1963 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto attached; 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No . ......................................................... Series No . ......................................... CITY OF DUBUQUE SEWER BOND The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, on the first day of or at any time before that date, at the option of the City of Dubuque, the sum of One Hun- dred dollars with interest thereon at the rate of 5 per cent per an- num, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached, Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Resolution of said City duly passed on the 3rd day of August, 1953, being Resolution No. 321-53. This Bond is one of a series of g bonds, 7 for $100.00 numberec from 5807 to 5813 inclusive, and one for $80,42 numbered 5810, all of like tenor and date, and issued for the purpose of constructing a six (6) inch vitrified the sanitary sewer in Edith Street as described in said Resolution in said City, which cost is payable by the abut- ting and adjacent property along said improvements and is made by law a lien on all of said prop- erty, It is payable only out of the Special Assessment Fund No. 1102 created by the collection of said special tax, and said fund can be used for no other purpose, It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in reg- ular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. In testimony whereof the City of Dubuque by its Council has caused this band to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 2nd day of September, 1953. (SEAL) Mayor City...Clerk,.~.......... (Form of Coupon) On the ............... day of ................, the City of Dubuque, Iowa, prom- ises to pay to bearer, as provided in said bond, the sum of ................ Dollars, in the office of the City Treasurer in the City of Dubuque, being ........ months' interest due that date on its ~ .................. Bond No..........., dated .................~ ...... Mayor City Clerk 6, That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to then deliver them to the City Treasurer, 7. That the City Treasurer is Regular Session, August 3rd, 1953 507 hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1102 and paid out by him to pay the cost of said contract, 8, That the interest coupons at- tached to the bands be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adapted this 3rd day of August, 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- men Kintzinger, Kolb, Schueller, Welu. Nays-None. State of Iowa SS Dubuque County I, John L. White, do hereby certify that on the 6th day of July, 1953, I posted copies of the notice of levy of special assess- ment and intention of the City Council to issue bonds along the line of the improvement for the construction of a six (6) inch vitrii~ed file sanitary sewer in Edith ,~t~•eet from the existing manhole at the intersection of Edith Street and Brunswick Street to a paint 124 feet west. Signed: John L, White. Subscribed and sworn to before me, a Notary Public, this 6th day of July, 1953. (Seal) John J. Shea, Notary Public in and for Dubuque County, Iowa. Councilman Kolb moved that the statement 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, Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro posals for the construction of a cast iron water main in: Beverly Avenue from south property line of Lenox Avenue to the south end of Beverly Avenue; Brown Avenue from the north property line of University Avenue to the south property line of Lenox Ave- nue; Chaney Road from the south property line of Hillcrest Road to the north property line of Penn- sylvania Avenue; Drexel Avenue from the south property line of Pennsylvania Avenue to the north property line of Lenox Avenue; Fairfax Avenue from south prop- erty line of Pennsylvania Avenue to north property line of Lenox Avenue; Hickson Avenue from south property line of Pennsyl- vania Avenue to north property line of Lenox Avenue; Lenox Ave- nue from east property line of Brown Avonue to the east prop- erty line of Drexel Avenue; Penn- sylvania Avenue from the west property line of Lot 1 of 3 of 1 of 1 of 2 of John Mettel's Subdivision to the west property line of West- erly Earl Drive, presented and read. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu, Carried by thF following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. August 3, 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. August 3rd, 1953 for the 1953~'Vater Main Project. At• tached is the tabulation of bids re- ceived. I recommend that the contract V 508 Regular Session, August 3rd, 1953 1'' - ,_ -~';, ,. ,: ~; . be awarded to the Dubuque Plumb- ing and Heating Company who submitted the lowest bid received which was 29.2% under the En- gineer's estimate. Respectfully submitted, L. J. Schiltz, City Manager. Coancihnan Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Awarding C®ntrac4) RI:SOLUTI®N YdO, 322-53 ~'Vhereas, sealed proposals have been submitted by contractors for the construction of a cast iron water main in: Beverly Avenue from the South property line of Lenox Avenue to the South end of Beverly Avenue. Brown Avenue from the North property line of University Ave- nue to the South property line of Lenox Avenue. Chaney Road from the South property line of Hillcrest Road to the North property line of Penn• sylvania Avenue. Drexel Avenue from the South property line of Pennsylvania Ave- nue to the North property line of Lenox Avenue. Fairfax Avenue from the South property line of Pennsylvania Ave• nee to the North property line of Lenox Avenue. Hickson Avenue from the South property line of Pensylvania Ave- nue to the North property line of Lenox Avenue. Lenox Avenue from the East property line of Brarvn Avenue to the East property line of Drexel Avenue. Pennsylvania Avenue from the West property line of Lot 1 of 3 of 1 of 1 of 2 of John P. Mettel's Subdivision to the West property line of Westerly Earl Drive pur- suant to Resolution No. 310-53 and notice to bidders published in a newspaper published in said City on July 20th, 1953 and July 27th, 1953; and Whereas, said sealed proposals were opened and read on August 3, 1953, and it has been determined that the bid of Dubuque Plumbing and Heating Company of Dubuque, Iowa in the amount of $69,895.75 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the City Solicitor is hereby directed to file, in the District Court of Dubuque County, a peti- tion saying that the acts done by this Council relative to said im- provement be confirmed by de- cree of said court. Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Dubuque Plumbing and Heat- ing Company and the Manager be and he is hereby directed to exe- cute acontract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved, that upon the signing of said contract and the approval of the contractors band the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 3rd day of August, 1353. RUBEN V. AUSTIN Mayor CLARENCE P. WELU 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 Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals far the construction of a six (6} inch sanitary sewer in Davis Street from a point 460 feet east of the east property line of Wind- sor Avenue to a point four hun- Regular Session, August 3rd, 1953 509 Bred thirty-six (436) feet east, pre- sented and read. Councilman Weht moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Wehr. Nays-None. August 3, 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., August 3, 1953, for the construction of a S inch Sanitary Sewer in and along Davis Street from a point 460 feet east of the east property line of Windsor Avenue to a point 436 feet east. Attached is the tabulation of bids received. I recommended that the contract be awarded to the Saffron Con- struction Company who submitted the lowest bid received which was 28.7% under the Engineer's esti- mate. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Awarding Can4rac#) IYESOLUYI®N N0. 323-53 Whereas, sealed proposals have been submitted by contractors for the construction of a six (6) inch Sanitary Sewer in and along Davis Street from a point 460 feet east of the east property line of Wind- sor Avenue to a point four hun- dred and thirty six feet East pur- suant to Resolution No. 312-53 and notice to bidders published in a newspaper published in said City on July 17th, 1953 and July 20th, 1953, and Whereas, said sealed proposals were opened and read on August 3, 1953, and it has been determined that the bid of Saffron Construc- tion Co., Dubuque, County of Du- buque, Iowa in the amount of $1,500.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract far the above mentioned improvement be award- ed to Saffron Construction Co., and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that upon the 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. Passed and adopted this 3rd day of August, 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 Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Mrs. Leonard Metcalf in an unstated amount for injuries sustained while riding in a taxicab which struck a "Water Department Stop Box" or pipe extension which was protruding above the level of the street at or about the intersection of Pinard Street and Twenty-ninth Street on the easterly side of said inter- section at approximately the east crosswalk of Pinard Street, pre- sented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by ~~. f~: .. a t:' " s,: ; . i' ; =`:' ~, ,~`: ,. 510 Regular Session, August 3rd, 1953 Councilman Kolb. Carried by the Iowa State Department of Health following vote: I Des Moines 19 Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. i July 20, 1953 Mr. John J. Shea City Clerk Dubuque, Iowa. Re: Permit No, 53.818 Notice No. 53-25W 960 feet of 8 inch Sanitary Sewer and 6 inch Water Main. Berkley Place, Dubuque, Iowa Attention Hon. Mayor and Council, Gentlemen: In accordance with the provisions of the Iowa Stream and Lake Pollution Law, Section 135.26, Code of Iowa, 1950, a permit is issued for the sanitary sewer contained in the above-referenced project, This permit is issued subject to the following conditions and re- quirements, 1. That planning for the con- struction of adequate facilities for sewage and wastes originating in- side the corporate limits will be contained in accordance with the resolution of the City Council, No. 122-52, dated March 22, 1952. 2, The approval of these plans and the issuance of this permit does not constitute the approval of the discharge of untreated wastes into the Mississippi River. This approval also covers the water main extension noted in the above- referenced project. We are retaining one copy of the approved plans and specifica- tions for our file and returning the other copy to your City En- gineer, For the Commissioner, Very truly yours, P, J. Houser, Director, Division of Public Health Engineering, Councilman Kalb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Austin, Council• men Kintzinger, Kalb, Schueller, Welu. Nays-None, Notice of Claim of Gretchen E. Reb in the amount of $105.23 for injuries received in a fall on a defective sidewalk at University Avenue and Walnut Street, pre• sented and read. Councilman Kolb moved that the notice of Claim ~be referred to the City Solicitor for investigation and report, Seconded by Council- men Welu, Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, Notice of Claim of Mrs. Agnes Bowman in the amount of $7,500,00 for injuries received in a fall when she caught her foot and slipped on a defective curbing and side- walk along the north curb of Ninth Street between Main Street and the alley separating Main and Iowa Streets, presented and read, Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu, Nays-None. Notice of Claim of Herbert J. Klauer in the amount of $22,50 for damages to a fire and tube caused in striking a water shut off in the center of Seminary Street east of Bunker Hill Road, presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investigation and report, Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Nays-None. Regular Session, August 3rd, 1953 511 Iowa State Department of Health Des Moines, 19 July 20, 1953 Mr, John J. Shea City Clerk, Dubuque, Iowa. Re: Permit No, 53.905 896 feet of 6 inch Sanitary Sewer on Davis Street, Dubuque, Ia. For the Attention of the Hon. Mayor and Council. Gentlemen: In accordance with provisions of the Iowa Stream and Lake Pol- lution Law, Section 135.26, Code of Iowa, 1950, a permit is issued for the above project for which plans have been received in this office. This permit is issued sub• ject to the following conditions and requirements, 1. The construction of this sewer will be in accordance with your standard specifications governing sanitary sewer construction on file in this office, 2. That planning for and con- struction of adequate treatment facilities for sewage and waste originating inside the corporate limits will be continued in accord- ance with the resolution of the City Council, No. 122-52, dated March 22, 1952, 3. The approval of these plans and the issuance of this permit do not constitute approval of the dis- charge of untreated waste into the Mississippi River. Since this sewer extension will discharge into a six inch existing sanitary sewer and since it will only serve a maximum of six homes, we are approving it in lieu of the recommended minimum size of eight inch. If it is found necessary in the future, additional maintenance and cleaning will be provided to keep this sewer func- tioning properly, We are retaining one copy of the approved plans for our files and returning the other two copies to your city engineer. For the Commissioner, Very truly yours, P. J. Houser, Director, Division of Public Health Engineering, 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 Mrs, L, J, Matthewson asking that considera- tion be given to have full time bus service in the Mt. Loretta Dis- trict, presented and read, Councilman Welu moved that the communication be received and the City Manager instructed to ar- range ameeting with the officials of the Interstate Power Company for the purpose of determining the matter of bus routes. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Communication of the Dubuque Park Board advising Council that it was the unanimous decision of the Park Board to deed to the City of Dubuque a portion of the west property line of Lot 1 of 2 of Mineral Lot 38, known as Laurel Oaks Park, the reason for this action is to eliminate the need of adjoining property owners individ- ually securing easements for right of way, water service installation and etc., presented and read, Couniclman Welu moved that the communication be referred to the City Manager and City Solici- tor. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, Communication of Donald F. Huntoon, Chairman, City Beautifi- cation Committee, Chamber of Commerce, relative to the unsani- tary condition existing at the Shot Tower and also to the falling of brick which is a hazard, presented and read, Councilman Kolb moved that the communication be referred to the City Manager, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, ~,,,- ~` ~; ~,; ,: ~:,; ~" ~.' ~i ,, ~. ;'-, ~'"- _. ,. 3 .. ~' x. #< ~_,,~ ,-';: ~;:` .. 512 Regular Session, August 3rd, 1953 Communication of The Key City Gas Company submitting fuel cal- culations based on cost of materials as of July 1, 1953, presented and read. Councilman Kolb moved that the communication and report be received and placed on file. Sec- onded by Councilman Welu. Car- t•ied by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Thos. E. Byrne stating that he wishes to withdraw his petition requesting extension of the present Local Business District to include his property adjacent to Bryant and Dodge Streets for the purpose of installing a trailer camp, 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. Petition of Dubuque Safety Council asking that a reflectorized arrow be placed at Third Street and Central Avenue to warn motorists of the end of the street, presented and read. Councilman Kalb moved that the petition be referred to the City Manager and Traffic Depart• ment far investigation and report Seconded by Councilman Welu Carried by the following vote: Yeas-Mayor Austin, Council men Kintzinger, Kolb, Schueller Welu, Nays-None. Petition of Mrs. L, Kluesner ant others, residents between 29th ani 30th Streets on White Street, re questing that a street light be in stalled in the middle of the black presented and read. Councilman Schueller moves that the petition be referred t~ the City Manager and Electrica Inspector for recommendation any report. Seconded by Councilman Kolb. Carried by the followin, vote: Yeas-Mayor Austin, Council- nen Kintzinger, Kolb, Schueller, iVeltt. Nays-None. Petition of Dubuque Rites Club asking that the license fee far the holding of their circus an August 12th and 13th, 1953 be waived, presented and read. Councilman Welu moved that the request be granted and that a statement of receipts and dis- bursements be fm~nished. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Herman C. and Ger- trude Brockman requesting the vacation of Sullivan Street from Levi Street to its northern termi- nus, approximately 240 feet, pre- sented 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 Schueller. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Wehi. Nays-None. Petition of the Volunteers of America requesting permission for the holding of a tag day on either August 29th or September 4th, 1953, presented and read. Councilman Welu moved that the request be denied until cleared through the Dubuque Community Chest. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Weht. Nays-None. Petition of E, G. Forward re- questing the rezoning of the west- erly 170 feet of Lots 305 and 306 in Davis Farm Addition to Local Business District Classifica- tion, presented and read. Councilman Kintzinger moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- Regular Session, August 3rd, 1953 513 port. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Weltt. Nays-None. '` Petition of Harold G. Fischer and others requesting that eross- walks be established for pedester- fans on Dodge Street between Bluff Street and Bryant Street, ~ 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. Petition of Mr, and Mrs. R. Man- gene and others submitting com- plaint relative to the blocking of alley to traffic and garages, also as to destruction of property caused by the backing of trucks, presented and read. Councilman Welu moved that the petition bo referred to the City Manager. Seconded by Coun- cilman Kintzinger•. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Mr. & Mrs. R. L, Frost and others, property owners in the 1200 block on Alta Place, requesting the extension of sewer and water mains in this block from Green Street to at least 150 feet south on Alta Place and also requesting that a grade be estab- lished, presented and read. Councilman Schueller moved that a plat and schedule be pre- pared ccvering the report. Sec- ended by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Petition of Andrew Fondell and others requesting the construction of approximately 2000 feet of pri- vote sanitaiy sewer on Shiras Ave- nue, presented and read. Councilman Welu moved that the petition be referred to the City Manager and City Solicitor for conference with the petitioners and also that proper proceedings be prepared. Seconded by Council- man Schueller. Carried by the Following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Rex. L. Brarnmer requesting Council to give careful consideration to the proposed de• molishing of No. 4 Engine House on Delhi Street and the convert ing of said property into a park and further requesting that Council take the necessary steps to offer this property for sale rather than to convert it into a park, presented and read, Councilman Kalb moved that the petition be received and filed. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Gus Giunta request- ing permission to extend the sewer an 32nd Street from the present manhole at Lot 2 in a westerly di- rection approximately 200 feet, presented and read, Councilman Schueller moved that the request be granted and proper proceediugs prepared. Sec• ended by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, O~:DIMANCE fdo. 5$-53 An Ordinance granting Gus Giunta the right to construct a sewer in West 32nd Street from the last manhole westerly 200 feet; Providing the terms and con- ditions thereof; and providing for a charge for connecting thereto, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. try s;. . ~'., ; # :4 },,. r,: u . a,g ;;'_ „? a `'', a. . ~.E ,, (..: . y 514 Regular Session, August 3rd, 1953 Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Coun- cilman Kolb, Carried by the fol- lowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 58.53 An Ordinance Granting Gus Giunta the Right to Construct a Sewer in West 32nd Street from the Last Manhole Westerly 220 feet; Pro- viding the Terms and Conditions Thereof; and Providing for a Charge for Connecting Thereto: Be i± Ordained by the City Council of the City of Dubuque: Section 1. That Gus Giunta be and is hereby granted the right to con- struct an 3" vitrified file pipe sani- tary sewer in West 32nd Street from the last manhole westerly 220 feet. (a) That grantee agree to construct said sewer within one year from the date hereof and to pay the entire cost thereof, including cost of restor- ing the surface of the street. (b) That said sewer shall be con- structed in accordance with plans ap- proved by the State Department of Health and the City Manager and un- der the supervision and direction of the City Manager and City Engineer; (c) That grantee will enter into a contract Yor the construction of said sewer with a qualified contractor, which contract will, among other things, contain a clause requiring the contractor to obtain all necessary per- mits, including excavation permits, required by the City of Dubuque, or any other Governmental agency, a clause obligating the contractor and his bondsmen to keep said sewer in good repair for a Period of no± less than hvo (2) years from the date of the acceptance of the work, and a clause requiring the contrac- tor to furnish a surety bond with the City of Dubuque named as one of the ubhgees, guaranteeing the faith- ful Performance of said contract; (d) That upon completion oP said sewer and the acceptance of the same by the Clty Council said sewer shall become a public server under the exclusive charge and control oY the City of Dubuque and its free use as such shall not be interfered with by the grantee, his successors m• assigns. Section 2. After said sewer has been completed and the total cost thereof has been paid by the grantee, the grantee herein shall file with the City Comtcil a certified state- ment, showing in detail, all amounts paid out by him in connection with the construction of said newer, in- cluding engineering fees and the cost oP restoring the surface of the street. Thereafter, any person or persons de- siring to connect with said sewer, except the grantee herein, shall firsi apply to the City Manager for per- mission so to do and sneh permis- sion shall be granted upon condition that the applicant pay to the City Treasurer, for the account of the grantee herein, a connection charge in an amount which will be fixed by Resolution of the City Council at the time of the acceptance of said sewer. However, such connection charges shall not be exacted for any extension of said server by the City of Dubt;que, or its permittees, Section 3. That the authority granted herein shall terminate on October 1, 1953, unless the terms and conditions of this Ordinance are ac- cepted in writing by the grantee prior to that date. Section 9, This Ordinance shag be in full force and effect from and after its final passage, adoption and publication as Provided by Law. Passed, approved and adopted this 3rd day of Attgust, 1953, RUBEN V. AUSTIN, Mayor CLARENCE P. WELU RAY I', IfOLB LEO N. SCHUELLER CHARLES A, I{INTZINGER Councilmen Attest: J. .I. Shea City Clerk Acceptance of Ordinance No, 58.53 Gus Giunta of the City of Dubuque, Dubuque County, Iowa, having full Irnowledge and understanding of all the terms and conditions of Ordinance No. 58-53 hereby accepts the same as passed and agrees to comply with all the terms and conditions thereof. Accepted this 0th day of August, 7903. GUS GIUNTA Published officially in The Tefe- graph-Herald newspaper this 10th da3' of August, 1953. J. J. SHEA, it Aug.10 City Clerk Councilman Welu moved the adoption of the ordinance, Sec- onded by Councilman Kalb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of A, J. Kerper request- ing permission to privately install a sanitary sewer on Chaney Road from a point approximately 400 feet south of Hillcrest Road, north to and adjoining the sewer on Hillcrest Road, presented and read. Councilman Welu moved that the request be granted and proper proceedings prepared. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0, 59-53 An Ordinance granting A, J. Kerper the right to construct a sewer from Hillcrest Road 400 feet south of Chaney Road; Providing the terms and conditions thereof; and pl•oviding for a charge for connecting thereto, presented and read. Regular Session, August 3rd, 1953 515 Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, I{orb, Schueller, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. 59.53 An Ordinance Granting A. J. Kerper the Right to Construct a Sewer From Hillcrest Road 900 Peet South on Chaney Road; Providing the Terms and Conditions Thereof; and Providing for a Charge for Con- . necting Thereto. L'e It Ordained by the City Coun- cil of the City of Dubuque; Section 1, That A. J. Kerper be and he is hereby granted the right to construct an 3" vitrified file pipe sanitary sewer in Chaney Road from the manhole in Hillcrest Road south 900 feet, upon the following terms and conditions: (a) That grantee agree to con- e. street said server within one year from the date hereof and to pay the entire coat thereof, including cost nP 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 -Ianager and under the supervision and direction of the City Manager and City En- gineer; (c) That grantee will enter into a contract for the construction of said sewer with a qualified contrac- tor, which contract will, among other things, contain a clause requiring the contractor to obtain all necessary pernnis, including excavation permits, ~ regmred by the City of Dubuque, or any other Governmental agency, a clause obligating the cmrtractor and his bondsmen to keep said sewer in good repair for a period of not Less than two (2) years from the date of the acceptance of the work, and a elauso requiring the contractor to furnish a surety bond with the City of Dubuque named as one of the f obligees, guaranteeing the faithful ({ performance oP said contract; (d) 'Phut completion of said sewer and the acceptance of the same by the City Council said sewer shall Ueconte a public sewer under the es- rlusive charge and control of the City of Dubuque and its free use as such shall not be interfered with by the grantee, his successors or as- signs. Ser.tion 2. After said sewer has been completed and the total cost thereof has been paid by the grantee, the grantee herein shall file with the City Council a certified statement, c showing in detail, all amounts paid i out by him in connection with the construction oP said sewer, including engineering fees and the cost of re- storing' the surface of the street. 'Chereafter, any person or persons desiring Co connect with said sewer, except the grantee herein, shat] first apply Lo the City Manager for per- mission so to do and such permission shall be granted upon condition that the applicant pay to the City Treas- urer, for the account of the grantee herein, a connection charge in an amount which will be fined by Reso- lution of the City Council at the time of the acceptance of cold sower, However, shah connection charges shall not be exacted for any exten- sion of said sewer made by the City of Dubuque, or its permittees, Seotion 3. That the authoritS' granted herein shall terminate on October 1, 1953, unless the terms and conditions of this Ordinance are ac- cepted in writing by the grantee prior to that date. Section 4. This Ordinance shall pe in full force and effect from and after its final passage, adoption and publication as provided by Law. Passed, approved and adopted this ';rd day of Aug•uat, 1963. 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 Ordinance No, 59.53 A. J, Kerper oY the City of Du- burlue, Dubuque County, Iowa, hav- ing full knowledge and wtderstand- ing of al] the terms and conditions oP Ordinance No. 59-53 hereby accepts the same as passed and agrees to comply with all the terms and con- ditions thereof. Accepted this 6th day of August, 1953. A. J, KERPER Published officially in The Tele- graph-Herald newspaper this 10th day of August, 1953, J. J, SHEA, It Attg,10 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. ORDINANCE N0. 60®53 An Ordinance vacating Nightin- gale Street from Levi Street to English Lane and authorizing the conveyance thereof, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb, Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring "L: F'~ ,• ~„ ~:.;, ~~~ : ' €'' :` a, ,° ~~' l ;? ~'>. . 516 P.egular Session, August 3rd, 1953 an ordinance to be read on three separate clays, Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote; Yeas-Mayor Austin, Council- men I{intzinger, Kolb, Schueller, Welu, Nays-None, Councilman Wehl moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before final adoption, Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Fc~SO~tJTlOM X90. 339-53 Resolution Setting Time and Place of Hearing on Proposal to Dispose of Real Estate. Whereas Ordinance No. 60-53 has been introduced in the City Council of the City of Dubuque, providing for the vacation of a portion of Nightingale Street and the conveyance thereof; and Whereas before such an Ordin- ance may be adopted a public hear- ing must be had thereon, Now Therefore Be It Resolved by the City Council of the City of Dubuque: Section 1. That a public hearing beheld on said proposed Ordinance on the 25th day of August, 1953, at 7;30 o'clock P.M, in the City Council Clamber in the City Hall in the City of Dubuque, Iowa, at which time and place all interested parties will be given an opportun- ity to be heard and that the City Clerk is hereby directed to pub• lisp notice of said fearing once each week for two consecutive weeks in the manner provided by law, the last of which publications shall not be less than ten days prior to the date set for said hear- ing, Adopted this 3rd day of August, 1953, RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KIN`PZINGER Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Weht 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. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims fm' which warrants were issued during the month of June, 1953, presented and read, Councilman Kalb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, V~lelu. Nays-None. Council Proceedings for the month of September, 1952, pre- sented far approval. Councilman Welu moved that the Council Pro- ceedings for the month of Septem- ber, 1952 be approved as printed. Seconded by Councilman Kalb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, July 18, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to the matter of paving of Steger Heights Subdivis- ion, the Planning and Zoning Commission feels that this high- way will develope into amain artery and therefore recommends retention of the 36'-0" paving designated far this street. Respectfully submitted, Dubuque Planning & Zon- ing Commission By; Richard V, McKay, Secretary. Councilman Kolb moved that the recmnmendation of the Plan- ning and Zoning Commission be approved, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Regular Session, August 3rd, 1953 517 July 13, 1953 '1'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: After a full hearing before the Planniug & Zoning Commission July 17th, 1963, with both sides presenting their cases in detail, the Planning & Zoning Commission found that the majority-close to 75%-of those within 200 feet of the property proposed to be re- zoned were apposed to the re- zoning. Had the commission sensed that such opposition would de- velope, it would not lave favored same originally. Thus, the Planning & Zoning Commission wishes to withdraw the recommendations to City Coun- cil dated June 10th, 1953, and forthwith recommend denial of the petition of I{irchoff Ice Cream Company for the rezoning of Lots 131, 132, 133 and 134 in Ham's Addition, Respectfully submitted, Dubuque Planning & Zon- ing Commission By: Richard V. McKay, Secretary. Councilman Kolb moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, July 25, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On July 23, 1953 the Planning & Zoning Commission received a letter from Thomas E, Byrne re- questing withdrawal of his petition of April 21, 1953, for extension of Local Business District at Bryant and Dodge Streets to enable in- stallation of a trailer camp, due "to the opposition of property owners in this area," The Planning ~ Zoning Commis- sion approved Mr. Byrne's action at a meeting held July 24, 1953 and respectfully recommends to City Council similar action by Your Honm•able Body and that the matter be dropped without preju- dice, Respectfully submitted, Dubuque Planning & Zon• ing Commission By: Richard V, McKay, Secretary. Councilman Kolb moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Councilman Schueller. Carried by the follow• ing vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. July 25, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of E. G. Forward, since this com- munication does not request re- zoning of any property, and since his wishes cannot be granted with- out rezoning, the Planning and Zoning Commission senses that it should be addressed to the Build- ing Commissioner who would ad- vise him accordingly. Respectfully submitted, Dubuque Planning & Zon- ing Commission By: Richard V. McKay, Secretary. Councilman Schueller moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. July 25, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; With reference to attached petition of Otto Spechtenhauser et, al, asking for vacation of Bauer Street in Burton's Add. from the easterly intersection of Kaufman Ave. westerly to the west line of Burtons Addition- ~.i ;; i.'' °3'; ~' .;+ r' i, , ,': >> "; .~. ~~ ,' k1. 518 Regular Session, August 3rd, 1953 (same as easterly line of Mineral Lot 337)-the Planning and Zoning Commission respectfully recom- mends to Your Honorable Body the vacation of Bauer Street as de- scribed, and suggests that title of the vacated property be retained by the City for the time being. Respectfully submitted, Dubuque Planning & Zon- ing Commission By: Richard V, McKay, Secretary. Councilman Kolb moved that the recommendation of the Plan- ning and Zoning Commission be approved and proper proceedings prepared, Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, August 3, 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 approval on same for filing, sub- ject to the approval of the City Solicitor: SIDEWALK Robert C. Neyens, Maryland Casualty Co. John J. Waltz, Western Surety Co. EXCAVATION Richard J, Feyen, (Feyen Plumb- ing & Heating Co.), 100 West 4th Street, Policy No. SG 15260, Gen- eral Casulty Co. of Wisconsin. Louis Knoernschild, (Ideal Plumb- ing & Heating Co.), 527 Iowa Street, Policy No. SG 15259, Gen- eral Casulty Co. of Wisconsin. Dubuque Plumbing & Heating Co., 1395 Washington Street, Policy No, MPL 69944, Bituminous Cas- ualty Corp. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the Bonds and Policies be placed on file subject to the approval of the City Solicitor, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. July 31, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Schueller and Company have as- signed $26,405.00 which is a por- tion of their curb and gutter pro- ject, to the American Trust and Savings Bank. This assignment is far work com- pleted to date and for which he will not be paid until his contract has been completed. I recommend that the City Coun- cil approve the assignment. Respectfully submitted, L, J, Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Man• ager Schiltz be approved. Sec• onded Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, July 15, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The recommendation of the City Manager that a sidewalk be con- structed on Lot 253, Woodlawn Park Addition, together with the matter of removal of trees was re- ferred to the City Council to view the grounds. The decision of the City Council after viewing the grounds was that the sidewalk is necessary and should be constructed by the prop- erty owner and because of the fact that it is the responsibility of the city to bring the sidewalk to a proper grade, it is necessary that the trees be removed by the city, Respectfully submitted, L. J. Schiltz, City Manager. Councilman Schueller moved that the recommendation of City Manager Schiltz be approved, Sec- onded by Councilman Kolb. Car- ried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, Regular Session, August 3rd, 1953 519 July 15, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of John T. Hafer- becker and Clarence Hipschen re- questing the opening and grading ' of an alley to service hots 15 to 20 inclusive of Fairmont Park Addi- tion was referred to the City Coun- F cil to view the grounds, The decision of the City Council i was that the alley be opened pro- {' viding that a portion of the fill supporting the alley could be ~ placed on property owned by Mr. Hipschen. ~ I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Schueller moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. ~ Nays-None. July 31, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Fred E, Hohensee and others requesting the eaten- , lion of water mains on Woodlawn Street was referred to the City Manager and Water Department far recommendation and report. If the property owners would pay their assessment in full, the main could be constructed; how- ever, several do not want to pay the assessment in full. It is, there- - fore, impossible to construct this water main within this summer. I recommend the Council order a plat and schedule prepared and that the project be included as a special assessment project and constructed when the proper pro- -: cedures have been completed. Respectfully submitted, L, J. Schiltz, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved, Sec- , onded by Councilman Kolb, Car_ ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. July 28, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Mr, and Mrs, Ralph Teeling and others request- ing that automobile parking on South Hill Street between Curtis and Grandview be restricted to one side of the street was referred to the Traffic Department for re• commendation and report. After investigation by the Traf- fic Department, it was recom• mended that parking be restricted on the north side of Hill Street and Grandview from Grandview Avenue to Dodge Street. Respectfully submitted, L, J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved and proper proceedings prepared, Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. July 29, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The City Council requested that a study and investigation be made by the Traffic Department as to the feasibility of one-way traffic on White and Jackson Streets. I am attaching the report of the Traffic Department and from their report it is doubtful whether Jackson or White Street is carry- ing traffic to the capacity of the street at this time. The establishment of one-way streets would, of course, necessi- tate the installation of traffic signals at several locations and would also increase the speed of vehicles on these streets, During the year of 1952 there were very few accidents on these streets and only one pedestrian ac- cident. I would suggest that the study 520 Regular Session, August 3rd, 1953 be continued to include traffic counts and traffic flow studies which will give us data to make a more accurate study. Respectfully submitted, L. J, Schiltz, City Manager, Councilman Kolb moved that the suggestion of City Manager Schiltz be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, July 29, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Willis H, Schis- sel and others requesting the City Council to reconsider the matter of steps connecting Montrose Ter- race and Cornell Street was re- ferred to the City Council to view the grounds. It was the decision of the Coun- cil after viewing the grounds that if the steps could be reconstructed at a reasonable cost they should be replaced. The estimate of the cost to con- struct these steps will be about $1,000.00 and the work can be performed by the Street Depart- ment during the latter part of September. In view of the fact that this is a reasonable cost, I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Schueller moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Kolb. Car- Tied by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. { Works for the month of June 1953, as well as list of claims and list of payrolls far which warzants were issued for the month of June 1953. Respectfully submitted, L. J. Schiltz, City Manager. Counciirnan Kolb 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. July 20, 1953 Hon. Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: The claim of Andrew A. Lange for damages incurred June 15, 1953 was referred to this office for investigation and report. Since the claim shows on its face no negligence on the part of the City, I recommend the same be denied. Sincerely, T. J. Nelson, City Solicitor. Councilman Kintzinger moved that the recommendation of City Solicitor Nelson be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Wehr, Nays-None. RESOLUTION N0, 324-53 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Bo 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, July 29, 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 CLASS "B" PERMIT Raymond J. Schaller, 1961 Cen- tral Avenue, Mrs. Josephine Nicks, 103 East 22nd Street. ,Tustin L. Johanningmeier, 1879 i Central Avenue. Regular Session, August 3rd, 1953 521 Harry J. Murphy and Dorothy Murphy, 1097 Jackson Street. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. George T. Vrotsos, 605 Main St, CLASS "C" PERMIT Nick E. Tsacudakis, 3166 Jackson Street. Harold 0. Specht, 3003 Asbury Road. Peter Klauer, 2700 Jackson St. Passed, adopted and approved this 3rd day of August, 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 following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 325-53 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed 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 Raymond J. Schaller, 1951 Cen- tral Avenue. Mrs, Josephine Nicks, 103 East 22nd Street. Justin L, Johanningmeier', 1879 Central Avenue, Harry J. Murphy and Dorothy Murphy, 1097 Jackson Street, Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. George T. Vrotsos, 605 Main St. CLASS "C" PERMIT Nick E. Tsacudakis, 3166 Jackson Street, Harold 0, Specht, 3003 Asbury Road. Peter Klauer, 2700 Jackson St. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 3rd day of August, 1953. RUBEN V, AUSTIlV Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A, KRITZINGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. RESOLUTION N0, 326-53 Whereas Klauer Manufacturing Company has filed an application with the City Council requesting permission to construct an over- head conveyor across East Ninth Street; and Whereas pursuant to Council in- structions, detailed plans of said conveyor have been filed with the Building Commissioner; and Whereas after due consideration the City Council is of the opinion that the request should be granted; Now Therefore Be It Resolved by the City Council of the City of Dubuque: Section 1, That Klauer Manufact- uring Company be and it is hereby granted permission to construct and maintain an overhead conveyor across East Ninth Street at a point approximately 167 feet east of the east property line of Washington Sheet, upon the following terms and conditions: (a) That said struchue will be conshucted in accordance with the plans now on file and under the supervision and inspection of the Building Commissioner; (b) That said permission shall be subject to the continuous control of the City Council and the City Cormcil reserves the right to im- pose restrictions and conditions upon the enjoyment thereof as it 522 Regular Session, August 3rd, 1953 may deem necessary in the public interest, including the right to re- voke and rescind such permission; (c) Should such permission be rescinded or revoked Klauer Man- ufacturing Company shall, within sixty (60) days after receipt from the City of written notice so to do, at its own expense, remove said structure; and in the event of its failure so to do, permittee author- izes the City of Dubuque to re- move said structure at permittee's expense, assess the cost thereof against the premises, destroy the materials, and neither permittee, nor its successors or assigns shall have any claim against said City or any of its agents for any dam- ages resulting from the removal of said structure; Section 2. As a further consid- eration of the privileges granted herein Klauer Manufacturing Com• pony, its successors and assigns, assume any and all liability for damages to persons and property which may result from the con- struction or maintenance of said proposed overhead conveyor, The permittee, its successors or as- signs, at its own expense, agrees to pay on behalf of the City of Dubuque, all sums which the City of Dubuque may become obligated to pay by reason of any claim aris- ing out of the construction or maintenance of said overhead con- veyor or in settlement of any such claim. Permittee further agrees to investigate and defend any such claim at its own expense, and on behalf of the City. Section 3. This Resolution shall be in full force and effect from and after its final adoption and the acceptance of the terms and conditions hereof by the permit- tee. Passed, adopted and approved this 3rd day of August, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F, KOLB LEO N. SCHUELLER CHARLES A, KRITZRIGER Councilmen Attest: J. J. SHEA, City Clerk. 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. RESOLUTION N0. 327-53 Preliminary approval of pro- posed plans, plat and schedule and all other documents for the im- provement of Esther Street with asphaltic macadam surfacing from the south property line of Mt. Loretta Avenue to the north prop- erty line of Tressa Street, esti- mated cost $1,42120, presented and read. Councilman Schueller moved the adoption of the resolution, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, (Necessity for Improvement) RESOLUTION N0. 32853 Whereas, proposed plans, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved, 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the improvement of Esther Street with asphaltic macadam surfacing from the south property line of Mt. Loretta Avenue to the north prop- erty line of Tressa Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- Regular Session, August 3rd, 1953 523 sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of street improvement funds, Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments and the pro- ceeds thereof used to pay for cost of materials, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of August, 1953. Approved and placed on file for final action. Approved: 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 that the resolution be approved and placed on file with the City Clerk for public inspection for at least ono week before final adop- tion, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 329-53 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No, 327-53 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, far the improvement of Esther Street with asphaltic macadam surfacing from the south property line of Mt. Loretta Avenue to the north property line of Tressa Street and, Whereas, the proposed Resolu- tion of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec- tion. Be It Therefore Resolved that on the 25th day of August, 1953, a public hearing will be held at 7;30 P.M. in the Council Chamber in the City of Dubuque at which time the owners of property sub• ject to assessment for the proposed improvement may appear and make objection to the proposed plans, and at the same time to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision there- on. Passed, adopted and approved this 3rd day of August, 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 -. J 9* Y. ". #'--- ~- 524 Regular Session, August 3rd, 1953 adontion of the resolution. Sec- proposed assessments, they shall onned by Councilman Kolb. Car- be deemed to have waived all ob- ried by the following vote: jections thereto. - Yeas-Mayor Austin, Council- Said improvement shall be con- - men Kintzinger, Kolb, Schueller, structed and done in accordance ~' ` Welu, with the plans which have been Nays-None, prepared therefor by the City En- f'~ : RESOLUTION N0. 330-53 gineer which have been approved by the City Council and are now Preliminary approval of pro- on file with the City Clerk. That '~ posed plans, plat and schedule the cost and expense of making and all other documents for the said improvement will be assessed improvement of Finley Street with upon and against all privately asphaltic macadam surfacing from owned property lying within as- the north property line of Mc- sessable distance by law and in ~ Cormick Street to the south prop- amount not to exceed the i: erty line of West Street, estimated an amount provided by law, property ~` I (Z cost $929.10, presented and read. will be assessed whether the same Councilman Welu moved the abuts thereon or is adjacent there- adoption of the resolution. Sec- to according to area and in pro- - owned b9 Councilman Kolb. Car- portion to the special benefits Tied by the following vote: conferred thereby. ~: ~ Yeas-Mayor Austin, Council- Labor and equipment cost shall men Kintzinger, Kolb, Schueller, be paid out of street improvement Welu, funds. Bonds shall be issued and Nays-None, sold in anticipation of deferred (Neeessify for Irnprovemen4) payments of assessments and the t ,,, RESOLUTION N0. 331-53 proceeds used to pay for the cost ~;,'" `. Whereas, proposed plans, plat of the materials. and schedule have been duly pre- The above resolution was intro- ~~,~;, pared and approved by the City duced, approved and ordered Council of the City of Dubuque placed on file with the City Clerk and are now on file in the office this 3rd day of August, 1953. of the City Clerk showing among Approved and placed on file for °~ - other things the following: final action. 1. The boundaries of the district, Approved: if any. RUBEN V. AUSTIN 2, The streets to be improved. Mayor 3. The width of such im rove- p CLARENCE P. WELU ment. RAY F. KOLB 4. Each lot proposed to be as• LEO N. SCHUELhER -y sessed together with a valuation CHARLES A. KINTZINGER fixed by the council. Councilmen ,:._ 5. An estimate of the cast of the Attest: J. J. SHEA, t,' proposed improvement. City Clerk. ;;' 6. In each case the amount Councilman Welu moved that thereof which is estimated to be the resolution be approved and assessed against each lot, for the placed on file with the City Clerk a ° improvement of Finley Street with for ublic ins ection for at least p ~ as haltic macadam sm-facin from p g week before final adoption. one the north property line of McCor- Seconded by Councilman Kolb. Car- miclc Street to the south property vied by the following vote: line of West Street. yeas-Mayor Austin, Council- - Be It Therefore Resolved that men Kintzinger, Kolb, Schueller, the City Council on its own motion Welu. deems it advisable and necessary Nays-None. for the public welfare to make (fixing date of hearing) the herein mentioned improve- meat, and unless property owners RESOLUTION N0. 332-53 at the time of the final considera- Whereas, the City Council of tion of this proposed resolution the City of Dubuque, Iowa, has have on file with the City Clerk by Resolution No. 330-53 given ,;. objections to the amount of the its preliminary approval on the Regular Session, Aug~ist 3rd, 1953 525 proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Finley Street with asphaltic macadam surfacing from tl:e north property line of Mc- Cormick Street to the south prop- erty line of West Street, and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 25th day of August, 1953, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment far the proposed improvement may ap- pear and make objection to the proposed plans and at the same time to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor mare than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thet'eto, at which hearing the Council will hear such objections and enter on record its '' final decision thereon. Passed, adapted and approved this 3rd day of August, 1953. RUBEN V. AUSTBV 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 Schueller. Carried by the following vote: Yeas-Mayor' Austin, Council- ~ men I{intzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 333®53 Preliminary approval of pro- posed plans, plat and schedule and all other documents for the im- provement of Jenni Street with asphaltic macadam surfacing from the south property line of Lombard Street to the south property line of Theisen Street, estimated cast $1,527.46, presented and read. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car'- riedlby the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-Kane. (Necessity for Improvement) RESOLUTION N0. 334--53 Whereas, proposed plans, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and at'e now on file in the office of the City Clerk showing among other things the following; 1. The boundaries of the dis- trict, if any, 2. Tho streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Jenni Street with asphaltic macadam, surfacing from the south property line of Lom- bard Street to the south property line of Theisen Street. Be It Therefore Resolved that the Gity Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto, 526 Regular Session, August 3rd, 1953 Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improve- ment funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments and the proceeds thereof used to pay for the cost of the materials. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of August, 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 Kolb moved that the resolution be approved and placed on file with the City Clerlc for public inspection for at least one week before final adoption, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Maym• Austin, Council- men Kintzinger, I{olb, Schueller, Welu. Nays-None. (Fixing date of hearing) RE5OLUTION N0. 335-53 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 333.53 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 Jennf Street with asphaltic macadam surfacing from the south property line of Lombard Street to the south prop- erty line of Theisen Street, and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 25th day of August, 1953, a public hearing will be held at 7:30 o'clock P.M, in the Council Chamber in the City of Dubuque at which time the owners of prop• erty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and at the same time to the cast of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in same newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of August, 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 Schueller. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 336®53 Preliminary approval of pro- posed plans, plat and schedule and all other documents for the im• provement of Tressa Street with asphaltic macadam surfacing from the west property line of McLenan Street to the east property line of Esther Street, estimated cost $2,- 360.64, presented and read. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kintzin- ger. Carried by the fallowing vote: Yeas-Mayor Austin, Couneil- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Necessity far Improvement) RESOLUTION N0. 337-53 Whereas, proposed plans, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundaries of the dis- trict, if any. 2. The streets to be improved. 3, The width of such improve• ment. 4. Each lot proposed to be as• sessed together with a valuation fixed by the council. 5. An estimate of the cast of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Tressa Street with asphaltic macadam surfacing from the west property line of McLenan Street to the east property line of Esther Street, Be It Therefore Resolved that the City Council on its own mo- tion deems it advisable and neces- sary for the public welfare to make the herein mentioned im~ provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefore by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop• erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improve• ment funds. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments far the cost of the materials, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of August, 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 be approved and placed on file with the City Clerk for public inspection for at least one week before final adoption, Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, {Fixing date of hearing- RESOLUTION N0. 338-53 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 336-53 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, £or the improvement of Tressa Street with asphaltic macadam surfacing from the west property line of :' $',' R ,' . g,";, ~° ~.: ':;;, ,.; ( -.; ~' ~;, a ' ~.~„ -,~:.. 528 Regular Session, August 3rd, 1953 McLenan Street to the east prop- erty line of Esther Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 25th day of August, 1953, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make abjection to the proposed plans and at the same time to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than twa (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 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 objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of August, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZHQGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Ceuncil- men Kintzinger, Kolb, Schueller, Welu. Nays-None. June 9, 1953 Mr. and Mrs. Ruben Austin 1805 Audubon Street Dubuque, Iowa. Dear Mr, and Mrs. Austin: It is with regret that I must advise you that our client has de- termined that there is no coverage to any extent which would cover the claim resulting from Mrs. Austin's injtuy at the Bunker Hill Club House. Unfortunately the type of policy involved covers only private approaches to the insured premises. We are very sorry that your claim cannot be entertained, and I know that you realize that I have no alternative but to convey my client's decision to you. Very truly yours, Richard Roedell. Councilman Kolb moved that the communication be received and that a study be made under the supervision of the City Manager of the city's entire insurance pro- gram to be sure that the city is receiving adequate protection at the most reasonable rates possible. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Weiu. Nays-None. J. J. Shea. City Clerk. Approved ................................1953. Adopted ..................................1953. Councilmen: { .................................. Attest :.............................................. City Clerk Special Session, August 3rd, 1953 529 ~~. !I!~~ (OFFICIAt,) Special Session, August 3rd, 1953. Board met at 9:30 P.M. Present -Chairman Ruben V. Austin, Messrs Charles A. Kintzin- ger, Ray F. Kalb, Leo N. Schuel- ler, Clarence P, Welu, Health Di- rector Dr, A. J. Entringer. Iowa State Department of Health Des Moines, Iowa July 28, 1953 NIr. J. J. Shea Clerk, Board of Health City of Dubuque Dubuque, Iowa. Dear Sir: tiVe wish to notify you that we have received another letter of compiaint about the discharge of sewage into a mineral shaft on the property of Mrs. Carl Scheufele. This complaint came from Mrs. Scheufele. The latest information we have had from you relative to this matter is your letter of June 30, 1953, enclosing a copy of Mr. Klein's letter to Dr. Entrin- ger dated June 15, 1953. We desire to notify you of this additional complaint and trust that this matter can be satisfactorily corrected locally. Very truly yours, Paul Bolton, Assistant Director Division of Public Health Engineer- ing. Mr. Clarence P. Welu moved that the communication be referred to the Health Department and Plumbing Inspector for a complete investigation and report. Seconded by Mr. Ray F. Kolb. Carried by the following vote: Yeas-Chairman Ruben V. Aus- tin, Messrs Charles A. Kintzinger, Ray F. Kolb, Leo N. Schueller, Clarence P. Welu, Dr. A. J. En- tringer. July 15, 1953 Board of Health, Dubuque, Iowa. Gentlemen: The communication of Paul Bol- ton, Assistant Director of the Di- vision of Public Health Engineer- ing, State Department of Health, regarding the complaint of Mrs, Carl Scheufele, 450 Esther Street, regarding a dangerous and insani- tary condition on a lot which they awn caused by the discharge of sewage into an old mineral shaft along with the communication of Mr. L. L. McNeil with reference to the above complaint was referred to the Board of Health to view the grounds. After viewing the grounds, the decision of the Board of Health was that there is no dangerous and in- sanitary condition on the lot re- ferred'to and no indication that sewage is being discharged into a mineral hole. I recommend that the decision of the Board of Health be ap- proved. Respectfully submitted, L. J. Schiltz, City Manager. Mr. Lea N. Schueller moved that action be deferred on the communication of City Manager Schiltz until the report is received from the Health Department and Plumbing Inspector covering com- plaint. Seconded by Mr. Charles A. Kintzinger. Carried by the follow- ing vote: Yeas-Chairman Ruben V. Aus- tin, Messrs Charles A. Kintzinger, Ray F. Kolb, Leo N. Schueller, Clarence P. Welu, Dr. A. J. En- tringer. Nays-None. There being no further business Mr. Ray F. Kalb moved that the Board of Health meeting adjourn. Seconded by Mr. Clarence P. Welu, Carried by the following vote: Yeas-Chairman Ruben V. Aus- tin, Messrs Charles A. Kintzinger, Ray F. Kolb, Leo N. Schueller, Clarence P. Welu, Dr, A. J. En- tringer. Nays-None. J. J. Shea, Clerk, Board of Health. Approved .............................. 1953 Adapted ...................... .......... 1953 Members of ~ ...................................... Bd, of Health I Attest : .............._.................................... Clerk, Board of Health s`` ;. ~:, , ` ~s; ~' . i:~: I~'~-' ~; X54' ~_ 5'.: ~'' t ,:. _- 530 Special Session, August 25th, 1953 (OFFICIAL) Special Session, August 25th, 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 meeting is called for the purpose of conducting public hearings on various street improvements and acting on any other business as may properly come before a reg- ular meeting of the City Council. Councilman Kolb that Mr. A. L. Holscher be appointed Clerk Pro Tem of the Council meeting. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu, Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improving of Esther Street with asphaltic macadam surfacing from the south property line of Mt. Loretta Avenue to the north property line of Tressa Street, pre- sented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. August 24, 1953 Mr. Cullen: Dear Sir: In regard to the paving of Esther Street we feel the street is in good condition and why put that ex- pense on the property owners at a time when everything costs so much. Sincerely, Libbie Mae Corcoran, 929 Mt. Loretta Dubuque, Iowa August 24, 1953 Dubuque City Council Dubuque, Iowa. Dear Sirs: We are buying, under contract, Lots 5 and 6, 13 and 14 in Ryders Subdivision, and are opposed to the improvement of Esther and Tressa Streets, with asphaltic macadam at this time. The streets are in good condition now, but it won't be long before a sewer will have to be put in on Tressa Street, so why put on an expensive sur• face and then dig it up again. Sincerely, Robert A. & Julia McCarron. August 14, 1953 Councilmen; In regard to the planned im- provements on Tressa and Esther Streets I believe they are unneces- sary at this time. Traffic on these streets is not that heavy that they need more repairing. Most of the residents on these streets like myself are trying to keep our homes and feel we can't afford the extra expense, Lawrence Lubbers, 910 Tressa Street. Dubuque, Iowa Aug. 11, 1953 Dear Sirs: In regard to the work on Esther and Tressa Streets I understand that there is supposed to be a different top put on that would cost quite a bit of money. I am making payments on my home and don't feel as though I could afford it. I think the street is in fine shape the way it is. Thank you. Melvin N. Wagner, 465 Esther Street. Dubuque, Iowa Aug. 18, 1953 Dubuque City Council City Hall Dubuque, Iowa. Dear Sirs; I want to go on record as an objector to the asphalt coating to be put on Esther and Tressa Streets. I feel there has been enough expense to the property Special Session, August 25th, 1953 531 owners for the improvement of this street and feel the street is in fine condition the way it is. Yours truly, Mrs. Frank Hardie, Sr., 935 Tressa Street. Aug. 19, 1953 Dear Sirs: I am writing in regard to the black-topping of Esther St. I now live on Esther and this matter just came to my attention. The material on Esther Street is more than adequate and it is in perfect con- dition. Icannot see any reason in the world to resurafce this street. I want to be put on record as being firmly against any sur- facing on Esther Street. Joseph C. Locher. Aug. 21, 1953 Gentlemen: In regard to the paving of Esther Street would like to say that we are not in favor of doing it at this time. Owing to the high cost of materials and lot of expense that we have feel that we are not able to take care of the street improve- ment. We also think the street is all right just the way it is. Yours truly, Mrs. Lester Rafoth, Lester Rafoth, Mr. & Mrs. Ray Rafoth. Councilman Kolb moved that the written objections 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. (®ecision of Cooncil upon ob~ jections to plans, specifications, form of contract and cost of im• provements,) RESOLUTION NO. 340-53 Whereas, proposed plans for the improvement of Esther Street with asphaltic macadam surfacing from the south property line of Mt. Loretta Avenue to the north prop- erty line of Tressa Street have been approved by the City Council and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bands, and the time and place fixed for the hearing of all objections to said plans, for or cost of such improvements, said time being this 25th day of August, 1953 and Whereas, the City Council mot in Special session this 25th day ~ of August, 1953, at 7:30 o'clock P.M, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, far or cost of the im• provement herein described and proposed to be made; and Whereas all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque that all objections which have been made and filed to the plans, for or cast of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 25th day of August, 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, (Necessity for Improvement) RESOLUTION NO. 329-53 Whereas, proposed plans, plat and schedule have been duly pre- pared and approved by the City ~„ r; . f<- x, 3. £ (, '. ~'°, Gf ..',: ~H';,' h~. .,; -..::, 6. j„- 532 Special Session, August 25th, 1953 Council of the City of Dubuque and are now on file in the office of the City Clerlc showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assess- ed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Esther Street with asphaltic macadam surfacing from the south property line of Mt. Loretta Avenue to the north prop- erty line of Tressa Street. Be It Therefore Resolved that the City Cotancil on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resohttion have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City Engineer which have been ap- proved by the City Council and are now on file with the City Clerka That the cost and expense of mak- ing said improvement will be as- sessed upon and against all pri- vately owned property lying with- in assessable distance provided by law and in amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay for cost of material. The above resolution was intro- dttced, approved and ordered placed on file with the City Clerk this 3rd day of August, 1953. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 25th day of August, 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. 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. (Ordering Corosfructioro) RE50LUTIOiV N0. 341-53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 328-53 which was duly passed by this Council, for the improvement of Esther Street with asphaltic macadam surfacing from the south property line of Mt. Loretta Avenue to the north property line of Tressa Street be and the same are hereby ordered and constructed by this Council upon its own motion without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred. Payment will be made for the materials out of funds realized from the sale of bonds to be is- sued in anticipation of deferred payments of assessments as pro- Special Session, August 25th, 1953 533 vided by law after the work has been completed and accepted by tl,e City Council. Labor and equip- ment cast shall be paid out of the street improvement fund. Be It Further Resolved that this tesohltion being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 25th day of August, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KPVTZINGER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Weht moved the adoption of the resolution. Sec- onded by Councihnan Kintzinger. Carried by the following vote, Yeas-Mayor Austin, Council- men Kintzinger, I{olb, Schueller, Wept. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Finley Street with asphaltic macadam surfacing from north property line of Mc- Cormick Street to the south prop- erty limn of West Street. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Councilman Welu moved that the proof of publica- tion be received and filed. Sec- onded by Councihnan Kolb. Car- ried by the following vote: Yeas-iVfayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. {fJeeision oar Council uporo ob• jecfions fo pions, specifications, fartv~ oo~ eonfract and cosP of im• provensents.) ~E506U`fION 5d0. 342®53 Whereas, propnsed plans and specifications and form of contract for the improvement of Finley Street with asphaltic macadam surfacing from the north property line of McCormick Street to the south property line of West Street have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans for or cost of such improvements, said time being this 25th day of August, 1953, and Whereas, the City Council met in special session this 25th day of August, 1953, at 7:30 o'clock P.M. at the Council Chambers in the City Hall far the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans far or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Cotmcil of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement here- in described to be made, be and the same are hereby overruled and such plans, heretofore approved are hereby adopted. Be It Further Resolved that this resolution cantaining the decision of this Council upon all objections which have been filed to the plans, for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 25th day of August, 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- ~:: ~! is 9.. ~z y "~ 'a~'__ i.; =,- 1';`? ~r 534 Special Session, August 25th, 1953 onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 331-53 Whereas, proposed plans, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1, The boundaries of the district, if any. 2. The streets to be improved, 3. The width of such improve- ment, 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. G. In each case the amount there- of which is estimated to be as- sessed against each lot far the im• provement of Finley Street with asphaltic macadam surfacing from the north property line of Mc- Cormick Street to the south prop- erty line of West Street, Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall .be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerlc. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as• sessible distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of street improvement funds, Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments and the pro ceeds thereof used to pay for the cost of the materials. The above resolution was intro• duced, approved and ordered placed on file with the City Clerk this 3rd day of August, 1953, The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 25th day of August, 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. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION NO. 343®53 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 331-53 which was duly passed by this Council, for the improvement of Finley Street with asphaltic macadam surfacing from the north property line of McCormick Street to the south property line of West Street be and the same are hereby ordered and constructed by this Council upon its own motion and without the petition of property owners. All the work shall be constructed in accordance with the plans 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 Special Session, August 25th, 1953 535 within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred. Payment will be made for the materials out of funds realized ~ from the sale of bonds to be is- sued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. Labor and equip- ., ment cost shall be paid out of the street improvement fund. Be It Further Resolved that this resolution being deemed urgent r ~ and of immediate necessity shall be in force and effect from and after its passage by the City Council, Passed, adopted and approved this 25th day of August, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU RAY F, KOLB 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 Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, j Nays-None, ~~ Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, Specifications, form of contract i and cost of improvement for the improving of Jenni Street with asphaltic macadam surfacing from the south property line of Lombard Street to the south property line of Theisen Street, presented and read. No written objections filed and ? na objectors present in the Council Chamber at the time set for said public bearing, Councilman Kolb moved that the proof of publica- tion be received and filed, Sec- onded by Councilman Welu. Car- ' ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, ' Welu, Nays-None. (Decision of Council upon ob= jectians to plans, specifications, form of contract and cost of im• provements,) RESOLUTION N0. 344®53 Whereas, proposed plans and specifications and form of contract for the improvement of Jenni Street with asphaltic macadam sur- facing from the south property line of Lombard Street to the south property line of Tressa Street have been approved by the City Council of the City of Du• buque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bands, and the time and place fixed far the hearing of all objections to said plans, specifications of contract for or cost of such improvements, said time being this 25th day of August, 1953; and Whereas, the City Council met in special session this 25th day of August, 1953, at 7,30 o'clock P.M, at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con• sidering any and all objections which have been filed to the pro posed plans, for or cost of the im• provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans hereto fore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, for or cost of said improvement be made a matter of permanent record in connection with said im- provement, ~..;, 536 Special Session, August 25th, 1953 Passed, adopted and approved ~ Engineer which have been ap- this 25th day of August, 1953. proved by the City Council and RUBEN V. AUSTIN are now on file with the City '~_ Mayor Clerk. That the cost and expense =' CLARENCE P. WELU of making said improvement will RAY F. KOLB be assessed upon and against all ~ LEO N. SCHUELLER privately owned property lying CHARLES A, KINTZINGER within assessable distance provided ` Councilmen by law and in an amount not to ~~"~~ Attest: J. J. SHEA, exceed the amount tovided by p - City Clerk, law, property will be assessed Councilman Kalb moved the whether the same abuts thereon adoption of the resolution, Sec- ar is adjacent thereto according to onded by Councilman Welu. Car- area and in proportion to the ried by the following vote: special benefits conferred thereby. Yeas-Mayor Austin, Council- Labor and equipment cost shall be men Kintzinger, Kolb, Schueller, paid out of the street improve- Welu, meat funds. Nays-None. Bonds shall be issued and sold j ~~~ ' ?- (Plecessity for Improvement) in anticipation of deferred pay- ! `=i-_ meats for the cost of the materials. RESOLlfT10PJ N0. 33453 The above resolution was intro- Whereas, proposed plans, plat dttced, approved and ordered and schedule have been duly pre- placed on file with the City Clerk pared and approved by the City this 3rd day of August, 1953, 'e,-:' ;y Council of the City of Dubuque and are now on file in the office The foregoing resolution was of the City Clerk showing among finally passed and adopted, as pro- other things the following: eased by the City Council this 1. The boundaries of the district, 25th day of August, 1953. if any. RUBEN V. AUSTIN ".='. 2. The streets to be improved. Mayor `4 `'^ 3, The width of such improve- CLARENCE P. WELU went. RAY F. KOLB 4. Each lot proposed to be as- LEO N. SCHUELLER sensed together with a valuation CHARLES A. KINTZINGER ti '' fixed by the council. Councilmen j ".~,~ ' An estimate of the cost of the 5 Attest; J. J, SHEA, . proposed improvement. City Clerk. ) z ! 6. In each case the amount Councilman Kolb moved the ' thereof which is estimated to be adoption of the resolution. Sec- 4~~~tii ~ assessed against each lot, for the onded by Councilman Welu. Car- a improvement of Jenni Street with ried by the following vote: ' ''j' asphaltic macadam surfacing from Yeas-Mayor Austin, Council- ~`' ~_" the south property line of Lombard men Kintzinger, Kolb, Schueller, Street to the south property line Welu. of Theisen Street. Nays-Pdone, y ~ ~ . - Be It Therefore Resolved that (Orderist~ Cc~¢rsfrcasti®n) ` ~ 't '` ~;;,-~ the City Council on its own motion 13~§OL1JY10(~ 4~0. 345-53 deems it advisable and necessary Be It Resolved by the City for the public welfare to make the Council of the City of Dubuque to ',= i=;= herein mentioned improvement, that pursuant to a resolution of and unless property owners at the necessity Ido. 33d-53 which was time of the final consideration of duly passed by this Council, for this proposed resolution have on the improvement of Jenni Street j file with the City Clerk objections with asphaltic macadam stu~facing $•~e~ =: to the amount of the proposed as• from the south property line of s sv ` sessments, they shall be deemed Lombard Street to the south prop- to have waived all objections erty line of Tressa Street be and thereto. the same are hereby ordered con- ~~"- Said improvement shall be con• structed by this Council upon its structed and done in accordance own oration and without the peti- with the plans which have been tion of property owners, All the ~~_ prepared therefor by the City ~ work shall be constructed in ac- ~,~ Special Session, August 25th, 1953 537 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 abet upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, Papment will be made for the materials out of funds realized from the sale of bonds to be is- sued in anticipation of deferred Payment will be made for the vided by law after the work has been completed and accepted by the City Council. Labor and equipment cost shall be paid out of the street improve- ment fund. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council, Passed, adopted and approved this 25th day of August, 1953, RUBEN V. AUSTIN Mayor CLARENCE P. WELU 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 Schueller. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improving of Tressa Street with asphaltic macadam surfacing from the west property line of Mc- Lenan Street to the east property tine of Esther Street. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, YJelu. Nays-None. Mr. John J. Shea, City Clet'k, Dubuque, Iowa. Attention: Honorable Mayor and Council Gentlemen: As a Tressa Street taxpayer I want to register my opposition to any further paving of this street with incroasecl taxes such work tvauld require. Respectfully yours, L. L. McNeil, 954 Tressa Street. August 21, 1953 City Council City Hall Dubuque, Iowa. Gentlemen: It is our understanding that pav- ing of Tt'essa Street is contem- plated for the near future. We wish to protest such action, The street is in good condition at present and the are all still paying an the first assessment for sur- facing and curb and gutter. There is no need for further improvement at this time, Yours very truly, Mr. B. B. Bahme Dr. B. B. Bahme. August 19, 1953 City Council City Hall Dubuque, Iowa, Dear Sir: As a property owner on Tressa Street, I hereby submit my ob- jection to the regent proposed resolution for the surfacing of Tressa Street with asphaltic ma- cadam. Ialso object to the word- ing of the resolution which called it one of "economic necessity." Tressa Street seems to be in very good condition; thus taking into consideration that the street is very lightly traveled, and also the few property owners con- cerned, I am unable to understand the "economic necessity" involved unless perhaps the Mississippi ~,~ ~, 1?- - -',: j' R: ~', ~:r_. <` iii i., f',, :: j:= t `;' ~```: 538 Special Session, August 25th, 195 Heights subdivision has a direct bearing on Tressa Street. I would also like to point out that Tressa Street is without a sanitary sewer, therefore in the event that construction of a sewer is contemplated in the near future, it would be rather unwise to put a finished sm•face on the street now. I trust that this written objection will meet with your full consider- ation, Very truly yours, William A. Paar 1391 West Third Street. 930 Tressa Street, Dubuque, Iowa. August 17, 1953 City Council, Dubuque, Iowa. Gentlemen: We do not think the improve- ment of Tressa Street is necessary at this time. Sincerely yours, Mr. & Mrs. Wm. M, Gasper. August 22, 1953 To the Hon. City Manager of the City of Dubuque, Iowa, As a property owner I wish to object to any improvement at this time to the street known as Tressa Street, Freeman Hancock, August 24, 1953 Mr, L, J. Schiltz City Manager City Hall Dubuque, Iowa. Your Honor: It has been called to my atten• lion that a permanent top coating is proposed for surface of Tressa Street, Because there is no sewer and no gas on this street I am opposed to such a move now, After a sewer and gas are installed, which I assume are on the agenda, then I believe a permanent coat- ing is needed. Thanking you for your consideration of the above, I remain, J. L. Norton 848 Tressa Street. Dubuque, Iowa, August 25, 1953 To the Honorable Mayor and City Council: I object to the improvement and assessment for the improvement of Tressa Street because at this time I believe said improvement is unnecessary as the street is in good shape as it is. Yours truly, Wm. J, Kelly 60 York Street. Dear Sias: We do not want Esther, Mc- Lenan and Tressa Streets resur- faced, It is in good shape the way it is, Mr. & Mrs. Ralph Kramer, 866 Mt. Loretta, Councilman Welu moved that the written objections be re- ceived and filed. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, (Decision of Council upon ob• jections to plans, specifications, form of contract, cast of Improve- ment.) RE50LUYION N0. 346-53 Whereas, proposed plans, for the improvement of Tressa Street with asphaltic macadam surfacing from the west property line of McLenan Street to the East prop- erty line of Esther Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap• ter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract fm• or cost of such improvements, said time be• ing this 25th day of August, 1953; and Whereas, the City Council met in special session this 25th day of August, 1953, at 7:30 o'clock P.M. at the Council Chambers in the City Hall or the purpose of hear- ing all interested parties and con• sidering any and all objections which have been filed to the pro- '~, posed plans, for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, Special Session, August 25th, 1953 539 that all objections which have been made and filed to the plans, for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, for or cost of said improvement be made a matter of permanent record in connection with said im• provement. Passed, adopted and approved this 25th day of August, 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 Kolb. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, (Necessity for Improvement) RESOLUTION N0. 337-53 Whereas, proposed plans, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundaries of the district, if any, 2, The streets to be improved, 3, The width of such improve- ment, 4. Each lot proposed to be as• sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Tressa Street with asphaltic macadam surfacing from the west property line of McLenan Street to the east property line of Esther Street. Be It Therefore Resolved that the City Council on its own mo• tiou deems it advisable and neces• sary for the public welfare to make the herein mentioned im• provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans which have been prepared therefor by the City En• gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby, Labor and equipment cost shall be paid out of street improvement funds, Bonds shall be issued and sold in anticipation of deferred payments of assessments and the proceeds thereof used to pay for the cost of the materials. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of August, 1953. The foregoing resolution was finally passed and adapted, as pro• posed, by the City Council this 25th day of August, 1953. RUBEN V. AUSTIN Mayor CLARENCE P. WELU 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 Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, 540 Special Session, August 25th, 1953 ~ i0rderiol~ Constrocti®n) Carried by the fallowing vote: ' tIESOLt9YlON N0. 3~§y-53 Yeas-Mayor Austin, Council- Be It Resolved by the City men Kintzinger, Kolb, Schueller, W Council of the City of Dubuque Nays-None, f('- that pursuant to a resolution of proof of publication, certified to necessity No. 337-53 which was by the publishers, of notice of _ dul y passed by this Council, for hearing on proposed` Ordinance 7,~,; the improvement of Tressa Street No. 6Q-53, An Ordinance vacat- ~a` with asphaltic macadam sttrfacing a ing Nightingale Street from >,.Ie north line of English Lane to the from the west property line of Mc- south line of Levi Street and the I- Lenan Street to the east property conveyance thereof, presented and line of Esther Street be and the read, same are hereby ordered and con• No written objections filed and no objectm•s present in the Coun- ,;. strutted by this Colmcil upon its cil Chamber at the time set for own motion and with the petition said public hearing. Councilman of property owners. All the work Welu moved that the proof of shall be constructed in accordance publication be received and filed, with the plans and specifications Seconded by Councilman Kintzin- i ~~ heretofore adopted and now onfile ger. Carried by the following vote: - ~ `' in the office of the City Clerk. Yeas-Mayor Austin, Council- Be It Further Resolved that the Kalb, Schueller, melt Kintzinger cost and expense of the said im- , Welu provements be paid for by levying . Nays-None. special assessments against the n'~'` :. ; privately owned property lying ORDINANCE N0. b0-53 , within the assessable distance from Ordinance vacating Nightingale ir __ the improvements, whether such Street from Levi Street to Eng- t~~ ` property abut upon the same or lish Lane and authorizing the con- `' ~- i are adjacent thereto, according to veyance thereof, said ordinance the area thereof and in proportion having been passed upon first read- "~ ' ' to the special benefits conferred. ing on August 3rd, 1953 and ~.` Payment will be made for the ordered placed on file with the i materials realized from the sale City 'Clerk for public inspection d <,; of bonds to be issued in anticipa- for at least one week before final ~~ tion of deferred payments of as- adoption was presented for final sessments as provided by law after adoption. s~°' the work has been completed and ORDINANCE NO, 60.53 t .fr accepted by the Clty COUnClI. Lab01' Ordinance Vacatin Nightingale Street from Levi Stree to English Lane v and egUlprilent C03t Shall be paid and Authorizing the Conveyance out of the street im rovement p Thereof. 1~'hereas the Planning and Zoning' fi °' fund, Commission has recommended the ~ I;~"` Be It Further Resolved that this , vacation of Nig9ttingale Street from Levi Street to English Lane; and resolution being deemed urgent whereas Lua,niua r+. xlauer, Franlc ~ " ~,' and of immediate necessity shall Gruber and Rlarp Gruber, as owners a of an of iris abutting property, have be in force and effect from and pecitiouea ror Baia vacation; ana after its passage and adoption by whereas there is no Yorseeable need for said street or said property for " the Clt COUriC1L y public purposes; and whereas petitioners have prepared PaSSed, adopted and approved and submitted a plat of said street !~~ this 25th day Of August, 1953, showing the area proposed to be va- sated and conveyed and assigning lot ' `~~ RUBEN V, AUSTIN numbers thereto; s Now Therefore Be it Ordained by MayOT of Du- I il f th Cit th Cit C ~, , CLARENCE P. WELU e ounc o e y y buque, RAY F, KOLB Section 1. That Nightingale Street from the north line of English Lane LED N. SCHUELLER to the south line oP Levi Street be i;;"; CHARLES A. I{INTZINGER and the same is hereby vacated; Section 2. That the plat submitted ~ COLIriCllmeri by petitioners is hereby approved and ~ ' :__ ~~:-;- Attest: J. J. SHEA, the ivlayor and City Clerk directed to k execute the same ou behalf oP the a.:< ~. _ Clty Clerk. city oP Dubuque; Section 3. That Lot C of Rose e ~';;, Councilman Kolb moved the xitl Addition as shown on Baia plat :"~.- adoption of the resolution. Sec- he and the same is hereby conveyed f..__ onned by Councilman Schueller, to Lnamala E. I~lauer and Lot n of Rose xiq Aaaition as shown on 1:. £~ - Special Session, August 25th, 1953 541 said plat be and the same is hereby ronveyed to Erank Gruber and Mary Gruber, his wife; and that the 1llayor and Clerk of the City of Dubuque are hereby authorized to execute Quit Claim Deeds conveying all right, title and interest oP the City of Dubuque in said Lots to said respective grantees and to deliver the same upon the paynront of the costs of publication oP this Ordinance and the notice of hearing thereon. Section 4. That the City Clerk be and he is hereby authorized and di- rected to file a certified copy of this Ordinance in the office of the County Recorder of Dubuque County, Iowa. Section 5. This Ordinate shall be in full force and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 3rd day of August, 1953. Rule requiring reading on three separate days suspended by unani- mous vote the 3rd day of August, 1953. Pawed, adopted and approved this loth day of August, 1953. RUBEN V. AUSTTN, Mayor, CLARENCE P, tiVELU, RAY P. IzOLB, LEO N. SCHUELLER, CHARLES A. I~INTZINGER, Attest: Councilmen. J. J. Shea, City Clerlc. Published afftcially in The Tele- graph-Herald newspaper this 3rd day of September, 1953. J. J. SHEA, 1tSept3 City Clerk. Councilman Welu 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. b1-53 Ordinance vacating Bauer Street from Kaufman Avenue to the west line of Burton's Addition, 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 following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Cotmcilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Welu. Carried by the fol- lawng vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE NO. 61.53 Ordinance Vacatin, Bauer Street from I~auhnann Avenue to the 1Vest Line of Burton's Addition. 1Vhereas the Planning and Zoning Commission has recommended the vacation of Bauer Street frmu Kauf- manu Avenue to the west liue of l;,u•ton's Addition; and 1Fhereas Otto SDechtenhanser and Pearl Syeehtenhauser, as owners of all the abutting property, have peti- tioned for said vacation; \ow Therefore Be It Ordained b1' the City Council of the City oP Du- buque: `jeCtiJn 1. That Bauer Street from the west Ihte of Kaufmann Avenue to the west property line aP Bur- ton's Addition be and the same is hereby vacated. Seaton 2. That the City Clerk he and he is hereby authorized and directed to file a certified copy oP this Ordinance in the office of the County Recorder of Duhuque Cotmty, Iowa. Section 3. This Ordinance shall be in full fm~ce and effect from and after its final passage, adoption and publication as by law provided. Tnn•oduced the 25th clay of August, 1953. Palle requiring reading on three sepu~ate days suspended by unani- mous vote the 25th day oP August, 1953. Passed, adopted and approved this 85fh day of August. 1953. RUBEN V. AUSTIN, Mayor CLARENCE P. 1VELU RAY F. IfOLB LEO N. SCHUELLER CIIARLES A. I{INTZINGER Councilmen attest: J. J. Shea City Clerlc Fublished officially in Tho '7ele- graph-Herold newspaper this 3rd day oP September, 1953. J. J. sxEA, It Sept.3 City Cleik Councilman Kolb moved the adoption of the ordinance, Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayol• Austin, Council- men Kintzinger, I{orb, Schueller, Welu. Nays-None. ORDINANCE N0. 62-53 An Ordinance amending Ordin~ once No. 33-49 by adding a nevi Section to Schedule VI thereof, presented and read. Councilman Welu moved that the reading just had be considered the first read- ing of the ordinance. Seconded by Councilman I{orb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Cotmcilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb, Carried by the fol- lowing vote: Yeas-M;ayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ~-- ~;;; Y ~;`', ~'. ~:. 542 Special Session, August 25th, 1953 ORDINANCE N0. 52.53 An Ordinance Amending Ordinance No, 33.49 by Adding a New Section to Schedule VI thereof. Be it Ordained by the City Council oP the City of Dubuque: Section 1. That Ordinance No. 33- 49, known as the Traffic Code, be and the same is hereby amended by adding a new section "s.x." to Sched- ule VI thereof, as Follows: "SCHEDULE VI x.x. The west and north side of South Hilt Street from Grandview Avenue to Dodge Street." Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 25th day of August, 1953. Rule requiring reading on three separate days suspended by unani- mous vote the 25th day of August, 1953. Passed, adopted and approved this 26th day of August, 1953. RUBEN V. AUSTIN, Mayor. CLARENCE P. WELU, RAF F. I{OLB, LF.O N. SCHUELLER, CHARLES A. KNTZINGER, Attest: Councilmen. J. J. Shea, City Cleric, Published officially in The Tele- graph-Herald newspaper this 3rd day of September, 1963, J. J. SHEA, 1tSept3 City Clerk. Councilman Welu moved the ad- option of the ordinance, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays--None. Petition of Earl L. Falk re- questing that a grade be estab• lished on Earl Drive and also re- questing permission to have a water main installed on Earl Drive, presented and read, Councilman Kolb moved that the requests -oe gramted and proper proceedings prepared. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 63-53 Ordinance granting Earl Falk the right to construct a water main on Earl Drive providing the terms and conditions thereof; and providing for a charge for connecting thereto, presented and read. Councilrlian 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 Welu. Carried by the fo1- lowing vote; Yeas-Mayor Austin, Council men Kintzinger, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 63.53 An Ordinance Granting Earl Fallc the Right to Construct a Water ;yfain on Earl Drive; Providing the Terms and Conditions Thereof; and Providing for a Charge for Connect- ing Thereto. Be It Ordained by the City Council of the City of Dubuque: Section L That Earl Falk be and he is hereby granted the right to construct a 6" water main on Earl Drive for a distance of approximately 2,lOD feet upon the following condi- tions: !a) That grantee agree to con- struct said water main within one pear from the date hereof and to pay the entire cost thereof, includ- ing cost of restoring the surface of the street; (b) That said water main shall be constructed in accordance ,vith plans approved by the State Depart- ment oP Heafth and the City Man- ager and under the supervision and direction of the City Manager and Citp L+ngineer; (c) That grantee will enter into a contract for the construction of said water main with a qualified con- tractor, which contract will, among other things, contain a clause re- quiring the contractor to obtain all necessary permits, including excava- tion permits, required by the City of Dubuque, or any other Govermnental agency, a clause obligating the con- h•actor and his bondsmen to keep said tooter main in good repair for a Period of not less than two (2) years from the date of the accept- ance of the work, and a clause re- quiring the contractor to Furnish a surety bond with the City of Du- buque named as one of the obligees, guaranteeing the faithful perform- ance of said contract; (d) That upon completion of said water main and the acceptance of the same by the City Council, said water main shall become a public water main under the exclusive charge and control of the City of Dubuque and its free use as such shall not be interfered with by the grantee, his successors or assigns. Section 2. After said water main has been completed and the total rust thoreof has been paid by the Prantee, the grantee herein shall file with the City Council a certi- fied statement, showing in detail all an:ouuts paid out by him in con- nection with the construction of said water main, including engineering Pees and the cost of restoring the surface of the street. Thereafter, any person or persons desiring to connect with said water main, ex- cept the grantee herein, shalt first apply to the City Manager for per- mission so to do and such permission Special Session, August 25th, 1953 543 ~ shall be granted upon condition that the applicant pay to the City Treas- urer, for the account of the grantee herein, a connection charge in an amount which will be fixed by Iteso- Itttiun of the City Council at the time of the acceptance of said water main. However, such connection charges shall not be exacted for any exten- sion of said water main made by the City of Dubuque, or its permittees. Sectiou 3. That the authority ranted herein shall terminate on Octobor i, 1953, unless the terms and conditiors of this Ordinance are ac- cepted in writing by the grantee prior to that date. Section 4. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as provided by Law. Passed, approved and adopted this 25th day of August, 1953. RL'BEN V, AUSTIN, Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER j OI3ARLES A. KINTZINGEk `< Councilmen Attest: J. J, Shea City Clerk Acceptance of Ordinance No. 63.53 ~' Earl Falk of the City of Dubuque, Dubuque County, Ictva, having full knowledge and understanding of all the terms and conditions of Ordi- nance No. 65-53, hereby accepts the ` same as passed and agrees to com- ply with all the terms and conditions thoreof. Accepted this 31st day of August, 1943. EARL FALK Published officially in The Tela- graph-Iierald newspaper this 3rd day of September, 1963. J. J, SHEA, It Sept.3 City Clerk Councilman Kolb moved the ad- option of the ordinance. Seconded by Councilman Welu. Carried by the following vote: ~' Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays--None, RESOLUTION N0. 349-53 Resolution Restricting the Au- thority of the City Manager to Issue Permits far Excavation in Rowan Street Whereas Rowan Street in the City of Dubuque has recently been surfaced with concrete paving; and Whereas it is not in the best interest of the City that such l paving be disturbed for a period of at least ten years; and Whereas under Ordinance No, 45.51, adapted September 25, 1951, the City Manager is authorized to issue excavation permits for mak- ing excavations in the City streets, Now Therefore Be It Resolved By The City Council Of The City Of Dubuque: That the City Manager is here- by directed not to issue any such excavation permit for the pur- pose of making excavations in Rowan Street for a period of ten years From the date of this Res- olution unless specifically so au- thorized by the City Council. Passed, adopted and approved this 25th day of August, A, D. 1953 RT_TBEN V, AUSTIN, Mayor, CLARENCE P. WELU, RAY F, KOLB, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Kintzinger 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, Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the construction of Perry Street Sanitamy Sewer and Lift Station with force main which consists of an 8 inch sanitary sewer and lift station and a 6 inch cast iron force main to serve all of Block 6 and Lots 1 to 20 in• elusive of Block 15, and Lots 7 to 26 inclusive of Block 7 and Lots 7 to 16 inclusive of Block 14 and Lots 17 to 26 inclusive of Block 4, and Lots 19 to 27 inclusive of Block 5 all in Gramdview Par's Addition, presented and read. Councilman Kolb moved that the proof of publication be received and filed, Seconded by Council- man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. August 25, 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., August 25th, 1953, for the improvement of Perry Street with sanitary sewer, lift station and force main. Attached is the tabulation of bids received. I recommend that the contract ~= sm: ~' , a ,. ~;. a ~;.._, i°i: k : ",~_~: s`.: i. 5~4 Special Session, August 25th, 1953 be awarded to the Coyle Construc- tion Company of East Dubuque, Illinois, who submitted the lowest bid received which was 6.54% under the Engineer's estimate. Respectfully submitted, L. J. Schiltz, City Manager, Councilman Kolb moved that the recom'piendation of City Man- ager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None" (Awarding Contract) RESOLUTION N0. 349.53 Whereas, sealed proposals have been submitted by contractors for the construction of Perry Street Sanitary Sewer and Lift Station with force main which consists of an 8 inch sanitary sewer and lift station and a 6 inch cast iron force main to serve all of Block 6 and Lots 1 to 20 inclusive of Block 15, and Lots 7 to 26 in- clusive of Block 7 and Lots 7 to i6 inclusive of Block 14 and Lots 17 to 26 inclusive of Block 4 and Lots 19 to 27 inclusive of Blocit 5 all in Grandview Park Addition pursuant to Resohition Na. 319-53 and notice to bidders published in a newspaper published in said City on August 6, 1953 and August 13, 1953; and Whereas, said sealed proposals were opened and read on August 25,1953 and it has been determ6ned that the bid of Coyle Construction Company of East Dubuque, Jo Devices County, ID. in the amount of $26,998.52 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specification; now therefore, Be It Resolved by the City Council of the City of Dubuque that the City Solicitor is hereby directed to file, in the District Court of Dubuque County a peti- tion praying that the acts done by this Council relative to said improvement be confirmed by decree of said court. Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Coyle Construction Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete petfor~ m~ance of said work. Be It Further Resolved, that upon the signing of said contract and the approval of the con- tractors band the City Treasurer is authorized and instructed to return the bid deposits of the un- successful bidders" Passed and adopted this 25th day of August, 1953, RUBEN V. AUSTIN, Mayor" CLARENCE P. WELD, RAY F. KOLB, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilman. Attest: J. J. SHEA, City Clerk, Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- Tied by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 350-53 Be It Resolved by the City Coun- cil of the City of Dubuque that the followi,tg, having compiled with the provisions of law relating toy the sale of cigarettes within the City of Bubuque, be granted a permit to sell cigarettes and cigar- ette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Joseph S. Polfer, 2612 Dodge St. Edward J" Tracy, 1598 Elm St. ', Merlin J. Marty, 351 Dodge St. Be It Further Resolved that the bonds filed with the applica+tions be approved. Passed, adopted and approved this 25th day of August, 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 ad- option cf the resolution" Seconded Special Session, August 3rd, 1953 -545 by Councilman Kolb. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. i Nays-None, RESOLUTION N0. 351-53 Resolution Requhing Abutting Property Owners To Make Sewer And Water Connections. Whereas, the City Council has heretofore adopted Resolution No. 259-53, being the Resolution of Necessity for permanently improv- ing Hili 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 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 Sep• tem,ber 7 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, t ordering compliance with this Res t olution; ~ Section 3. That in the event any { such property owner shall fail er refuse to make such connection within the time set out in this j Resolution, then the City Nlianager shall proceed to have said connec- tion made upon a contract made and entered into for that purposo ~ and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be i assessed against such abutting 4 property" Adopted this 25th day of August, 1953. } RUBEN V. AUSTIN, Mayor. CLARENCE P. WELU, RAY F. KOLB, LEO N" SCHUELLER, 1 CHARLES A, KINTZINGER, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Welu moved the ad- option of the resolution, Seconded 1 by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Counci]• men Kintzinger, Kolb, Schueller, ~ Welu. Nays-None, RESOLUTION 'N0. 352-53 Resolution Requiring Abutting Property Owners To Make Sewer And Water Connections, Whereas, the City Council has heretofore adopted Resolution No. 92.53, being the Resolution of Necessity for permanently im- proving Eighth Avenue; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa; Section 1. That the owners oP all property abutting on said im- provement are hereby required to make connections frog the Sewer and Water mains to the curb line of said property prior to Sep- tember 7, 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 Res. olutian; 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 cont~aart 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 assesed against such abutting property. Adopted this 25th day of August, 1953. RUBEN V, AUSTIN, Mayor. CLARENCE P. WELU, RAY F. KOLB, LEO N,SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Atbest: J. J. SHEA, City Clerk. Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 353-53 Resolution Requiring Abutting Property Owners To Make Sewer And Water Connections. Whereas, the City Council has >`;, p-, ~',, `,. ~'„' R ~:; €;, ~; r-' 546 Special Session, August 25th, 1953 heretofore adopted Resolution No, 265-53, being the Resolution of Necessity for permanently improv~ ing Rowan 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 acre hereby required to make connections from the water mains to the curb line of said property prior to August 29, 1953; Section 1. 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. 123, ordering compliance with this Res- olution; 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- nectioa shall be assessed against such abutting property. Adopted this 25th day of August, 1953. RUBEN V. AUSTIN Mayor. CLARENCE P, WELU, RAY F, KOLB, LEO N, SCHUELLER, CIIARLES A. KINTZINGER, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. RE5OLUTIOPI N0. 354-93 Resolution. Requiring Abutting Property Owners To Make Sewer And Water Connections, Whereas, the City Council has heretofore adopted Resolution No, 262.53, being the Resolution of Necessity for permanently im- proving Kirkwood Street; Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the owners of adl property abutting on said im- provement are hereby required td make connections from the Sewer and Water mains to the curb line of said property prior to Sep- tember 7 1953; Section 2. That the City Cler!c 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 Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connectioi,i 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 25th day of August, 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 ad- option of the resolution, Seconded by Counciltn~an Kolb. Carried by the following vote: Yeas--Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Notice of Claim of Ed. Alter in the amount of $19,13 caused by the city sewer backing up into his basement at 1449 Locust Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City' Solicitor for recommendation and report, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Special Session, August 25th, 1953 Communication of W, I. Chan- . pion, Chairman of Plumbing Code Committee, recommending the ad- option by the City Council of the attached modern Plumbing Code for the City of Dubuque, presented and read, Councilman Welu moved that the communication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. August 18, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The Committee of Muster Plumbers and Journeyman Plumb- ers which was appointed to study and prepare a Plumbing Ordinance for the City of Dubuque has sub- . mitted an ordinance for your ap- proval, This ordinance has been re- viewed by the City Manager and City Solicitor and Plumbing Tn- Spector and has received their approval, I recommend that before the City Council adopts this ordinance, a public hearing be held so that any interested parties could voice j their sentiments. Respectfully submitted, L. J. Schiltz, City Manager, Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by ' Councilman Schueller, Carried by ~ the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, j Welu. I Nays-None. Petition of Mrs. Glen McArdIe requesting a refund in the amount ' of $150.00 on the unexpired por- tion of her Class "B" Beer Per- mit No, 69, as she has discontinued business on August 3, 1953. Pre- sented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Mrs. Glenl McArdle to cover the amount of refund granted on the unexpired portion of her Class "B" Beor Permit No. 69, Seconded by Coun• cilm,hn Schueller following vote; Yeas-Mayor men Kintzinger, Welu. Nays-None. 547 Carried by the Austin, Council- Kolb, Schueller, Petition of Fay T, Steger and others requesting the construction of a sanitary sewer in Mineral Street from the intersection of Mineral Street and Gilliam,' Street to the end of Mineral Street where the same adjoins the property known as Prysi Farm and which is presently being subdivided into Steger Subdivision, presented and read. Councilman Welu moved that the petition be granted and a plat and schedule prepared cover- ~ ing the request. Seconded by Coun- cilman Kolb, Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Joseph F. Oberhoffer requesting permission to install curb and gutter at his awn ex- pense from the existing radius ab the corner of Brown and Carleton Avenues west 50 feet, presented and read. Councilman Kolb moved that proper proceedings be pra- paned covering the request, Sec• onded by Councilman Welu. Car- ried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Archie Schreiber and others requesting the City Council to authorize the construction and continuation of the present storm sewer located in the 2100 block between Seminary Street and Sunny View Drive, presented and read. Councilman Schueller moved that the petition be approved and that the construction of said sower be done as soon as conditions allow. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Wm. Oakley request- ing a private sewer 500 to 600 feet west of Burden Avenue located in the alley between Edith Street and O'Neill Street, presented and read. 54$ Special Session, August 25th, 1953 Councilman Welu moved that the petition be received and filed. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mlayor Austin, Cotmcil- men Kintzinger, Kolb, Schueller, Welu, Nays-None, OROINP,NCE N0. 64-53 An Ordinance granting William Oakley the right to construct a sewer in the alley between O'Neill Street and Edith Street; Providing the terms and conditions thereof, ~, and providing for a charge far connecting thereto, presented and road. CouncIlma~n Weln 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- trien Kintzinger, Kalb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules oe suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the fallowing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 64.53 An Ordinance Granting ~Viliiam Jakley the Right to Construct a Seticer In the Alley Between O'ideill Street and Edith Street; Providing the Terms and Conditions Thereof; and Providing fm' a Charge for Connecting Thereto. Re It Ordained by the City Ccunefl of the City o4 Dubuque: Section 1. That William Oakley be and he is hereby granted the right to construct an 8" vitrified file pipe sanitary sewer in the alley hetv~een O'Neill Street and Edith Street from the manhole located at the alley in- tersection and Burden Avenue vrest- orly for a distance of 600 feet upon. the following terms and conditions; (a) That grantee agree to con- ahvet said sewer within one year frmn the date hereof and to pay the eniire cost thereof, including cost of restoring the surface of the alley; fb) 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- g'InpP,l'; (c) That grantee will enter into a contract for the construction of said setter , with a qualified contractor, which contract will, among other things, contatn a clause requiring the contractor to obtain all necessary per- mits, including excavation Permits, required by the City of Dubuque, or any ,other Governmental agenec, a clause obligating the conhractor and hts hondsu,en to keep said server in than Itwo ir(2) ryearseCl'rom f thet date of the acceptance of the tvorlt, and a clause rellttiring the contractor to fn~~ntsh a surety bond with the Cit3' of Dubuque named as one of the obligees, guaranteeing the faithful performance of said conh~act; (d) That upon completion of said server and the acceptance of the slall beco'ii CatyPCb'Licc~set err under the exclusive charge and control of the City of Dubuque and its free nsa 2s such shall not be interfered with I y the grantee, his successors or assigns. Section 2. After said sewer has flee ecf h2slbe ~, poi@. sty the granteet the gr:+ntee herein shall file with the City Connell a certified statement, showing in detail, all amounts paid out b3' him m connection with the enn'ineering feessanlstleeeostcollreg storing the surface of the street. Thereafter, any Person or persmts de-~ siring to connect with said sewer, applSt toe gienteCitye1e-Ianager fifer peunission sn to do and each per- mission will be granted upon con- dition that the applicant paY to the City Treasurer, for the account of the grantee herein, a emmectimt charge in Reso~lutien of 1ethevilCilty fixed by Council at the time of the acceptance of said setter. However, such cmmec- timr charges shall not be exacted Poc any extension of said sewer made by the City of Dubuque, or its per- nu`.tees. Secliou 3. That the authority grant- ed herein shall terminate mt October 1, 1953, unless the terms and condi- innw,iting11by0theagrantee priorptto that date. Seaton 4. 'this Ordinance shall be in htil force and effect from and a P:er its final Passage, adoption and publi~~atimi as Provided by Law. passed, approved and adopted this ?i,th nay of August, 1953. Hii13PN V. AUSTIN, mayor CLARLNCE P. WELU xAV r. rots LI&0 N. SCHUELLER CII S1tLh1S A. ILlNTZINGEP. Councilmen ntteat: I. s. sHEA, City Clerk Acceptance of Ordinance No. 6453 1lrilliun Oakley of the City of Dtt- budue, Dubuque County, Iowa, hav- ing fall knowledge and understand- ing of all the terms and conditions oP Ordhtance No. 64-63 hereby accepts the same as Passed and agrees to comply with all the terms and oon- ditions thereof. Accepted this 26th day oP August. 1953. 41rILLIANI OAI~LEY Published officially in The 'Cele- 6raph-Herald newspaper 4his 3rd duy of September, ~ 9 J. STTEA, It SePt•3, City Clerk Councilman Welu moved the ad- option of the ordinance. Seconded by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kalb, Schueller, Welu, Nays-None. Special Session, August 25th, 1953 549 Petition of John M. Henkel re- ~ questing Councll to expedite the construction and installation of concrete curb and gutter on the north side of Nebraska Avenues from Lenox Avenue running wort a distamce of 134,96 feet presented ' and read. Councilman Welu moved that the petition be received and filed, Seconded by Councilmanu Schueller. Carried by the following vote: ' Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu• Nays-None. RESOLUTION N0, 355-53 Whereas John M. Henkel has requested permission to construct concrete curb and gutter abutting Lots 595, 596 and 597 of Lenox Addition. Be It Resolved By The City Council Of The City Of Dubuque' that permission is granted to con- struct concrete curb and gutter adjacent to Lots 595, 596, and 597 of Lenox Addition in accordance with plans approved by the City Engineer and that the total cast of construction be paid by the. petitioner. ! Passed, adapted and approved this 25th day of August, 1953. RUBEN V, AUSTIN, Mayor. i CLARENCE P. WELU RAY F. KOLB, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Attest: J. J. SHEA, City Clerk. Councilman Welu moved the ad- ~ option of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller; Welu. Nays-None. Petition of Mrs, Edward Neyens ~ and others advising Council that ,' Roosevelt Street is getting to be i a speedway and requesting that some protection be given to the children on this street and further requesting thah this street be patrolled from 3:30 P.M, to 4:30 P,M., presented and read. Coun• Gilman Welu moved that the peti- tion be amended to include the Sheridan Street area. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Schueller moved that the petition, together with the amended motion, be referred to the City Manager and Traffic De- partment for immediate action and report, Seconded by Council- man Kintzinger, Carried by the following vote; Yeas-Mayor Austin, Council I>4en Kintzinger, Kolb Schueller, Welu. Nays--None. Petition of Louis Buechel mak- ing application for renewal of his excavation permit, presented and read. Councilman Kolb moved that the petition be granted. Seconded' by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb Schueller, Welu, Nays-None. Petition of Shiloh Circle No. 37 Ladies of The Grand Army of The Republic asking permission to hold their tag day on the evening of September 1&th and Saturday September 19th, 1953, presented and read. Councilman Kolb moved that the request be graalted pro- viding there are no conflicting dates, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. August 18, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Leo and Mildred Kress requesting permission to con- struct a sanitary sewer in the alley between Lincoln Avenue and Rhomberg Avenue was referred to the City Maalager and City Engineer, Since this petition has been sub- mitted, Mr, Kress has installed a house connection to the main sanitary sewer. It is, therefore, unnecessary to give approval for the construction of a private sewer, Respectfully submitted, L. J. Schiltz, City Manager. 550 Special Session, August 25th, 1953 Councilman Kolb waved that the communication of City Manager Schiltz be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb Schueller, Welu, Nays-None. August 18, 1953 Ta the Honorable Mayor and City Councii, Dubuque, Iowa Gentlemen: This is to advise that the term of William Clemens, Jr. as a mlem- ber of the Airport Commission ex- pires September 14, 1953, Respectfully submitted, L, J. Schiltz, City Maatager. Councilman Welu moved that Mr. William Clemens, Jr, be re- appointed as a member of the Airport Commission for a term of six years, said term expiring September 14, 1959. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Austin, Council- mEn Kintzinger, Kalb, Schueller, Welu. Nays-None. . August 18, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The communication of Charlotte ill. McInerney submitting an offer in the amount of $50.00 for the purchase of Lot 4 in Quigley's Subdivision on Pierce Street was referred to the City Councll to view the grounds. The decision of the City Coun- cil was that the amount offered was not a reasonable price for this lot and until such a time as an offer is made which is cam• menurate with the value, the city will keep title to the property. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. Schiltz, City Manager. CouncIlman Schueller moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kintz- inger. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb Schueller, Welu. Nays-None. August 18, 1953 To the Hooroable Mayor and City Council, Dubuque, Iowa. Gentlemen: In view of the traffic and park- ing conditions existing on East 16th Street from the railroad crossing to Sycamore Street, an investigation has been made by the Police Traffic Department. Their investigation points out that there is a large amount of delivery made to the retail market of the Dubuque Packing Company. The customers regularly going to the retail market and the Packing Company office have difficulty finding parking space because both sides of the street are filled with cars parked for long periods of time. The Packing Company has pro- vided aparking lot for their em- ployees that is of sufficient size to accommodate all cars. I recommend that a two hour parking limit be established on East 16th Street between C. M. St. P & P, Railroad right-of-way and Sycamore Street. This would eliminate the congestion caused by double parking and by vehicles circling the block looking for park- ing space, Respectfully submitted, L. J. Schiltz, City Manager, Councilman Welu moved that the recommendation of City Man- ager 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, Schueller, Welu. Nays-None, August 21, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Referring to the attached peti- tion of E. G. Forward requesting rezoning of the Westerly 170 feet of Lots 305 and 306 in Davis Farm Addition in the City of Dubuque Special Session, August 25th, 1953 551 from Residential Classification to Local Business Classification to permit the erection of a modern restaurant. The Planning and Zoning Com- • mission respectfully recommend that the petition be denied for the following reasons: The petition ~ is not signed by the owner or as ~ authorized agent and the majority of the property owners in this area j strenously object to a drive in restaurant. Respectfully submitted, Dubuque Planning & Zoning Commission i By: R, D. Walser. Councilman Welu moved that the recommendation of the Plan- ning & Zoning Commission be ap• proved. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. August 21, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a meeting of the Planning & Zoning Commission held August 20, 1953 the petition of M. J. Dugan and many others regarding the future use of property now oc• cupied by old No, 4 Engine House was considered. The Planning and Zoning Com- mission recommends that the title to this property now occupied by old No. 4 Engine House be retained ~ by the City and same be established and used for park purposes. Respectfully submitted, I Dubuque Planning & Zoning Commission By: R. D, Waller, Councilman Welu moved that the recommendation of the Plan- ~ ning and Zoning Commission be ' approved. Seconded by Councilman Kolb. Carried by the following i vote: l Yeas-Mayor Austin, Council- ' men Kintzinger, Kolb, Schueller, Welu, Nays-None, August 19, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, Gity Health Department and City Water Works for the month of July, 1953, as well as list of claims and list of payrolls far which warrants were issued for the month of July, 1953. Respectfully submitted, L. J. Schiltz, City Manager, Councilman Kolb moved that the reports be received and placed on file. Seconded by Coun• Gilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None. August 24, 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 approval on same for filing, sub- ject to the approval of the City Solicitor: TAXI-CAB William Weber (Veterans Radio Cab Co.), 973 Main Street, Policy No. AC 23904, The Central Nat. Ins. Co. EXCAVATION Larson Construction Co,, 952 Mt. Loretta Avenue, Policy No. No. 234794, Hawkeye-Security Ins. Co. W. J, Jordan, 1748 Audubon Street, Policy No. 59161, General Casualty Co. of America, SIDEWALK Carl M, Hirsch, Western Surety Co, Richard K. Magnall, Fireman's Fund Indemnity Co. Respectfully submitted, L, J, Schiltz, City Manager . Councilman Kolb moved that the bonds and policies be received and placed on file subject to the approval of the City Solicitor. Sec• a f •` f: ~: !.pa-- ti= -,. d', 552 Special Session, August 25th, 1953 onded by Councilman Schueller. ~ Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. August 10, 1953 Honorable Mayor and Members of the City Council, Dubuq;;c, Iowa. Gentlemen: The claim of Gretchen E, Reb for damages resulting from a fall on the sidewalk at University and Walnut, May 29, 1953, has been referred to this office. I have investigated the claim and can find no negligence on the part of the City and recamtnend the claim be denied. Sincerely, T. H. Nelson, City Solicitor, Councilman Kolb moved that the recommendation of City Solicitor Nelson be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. August 25, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Mxs. )i'lorence M, Miller has ap• plied for a Class B Beer Permit located at 400 Central Avenue which has been submitted to the City Council. This application if approved by the City Council amd before a per- mit is issued must have the ap- proval of the Building Commis- sioner and Health Director. The Health Director does not certify that the place of business conforms to laws and ordinances of the State of Iowa and the City of Dubuque relative to health and sanitation. I recommend that because of health and sanitation regulations this permit not be issued until conditions are corrected to the satisfaction of the Health Director, Respectfully submitted, L. J. Schiltz City Manager. Councilmpan Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 356-53 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 °E" PERMIT Name Address Mrs, Florence M. Miller, 400 Central Avenue Edward J. Tracy, 1598 Elm St, William Kunz, 236 West First St, CLASS "C" PERMIT National Tea Company, 896-98 Main Street. Passed, adapted and approved this 25th day of August, 1953, RUBEN V. AUSTIN, Mayor. CLARENCE P. WELU, RAY F. KOLB, LEO N, SCHUELLER, CHARLES A. KINTZINGEP~, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Austin., Coun~il- men Kintzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 351-53 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be occupied 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 Man- , ager be and he is directed to issue Special Session, August 25th, 1953 553 - to the following named applicants a Beer Permit. ~ CLASS "B" PERMIT Name Address Edward J. Tracy, 1598 Elm St. CLASS "C" PERMIT National Tea Company, 896.98 Main Street Be It Further Resolved that the bands filed by such applicants bey ', and the same are hereby approved. Passed, adopted and approved this 25th day of August, 1953. RUBEN V. AUSTIN, Mayor. CLARENCE P. WELU, RAY F. KOLB, LEO N. SCHUELLER, CHARLES A. KDVTZINGER, CouncIlmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the ad- option of the resolution, Seconded by Councilman Kintzinger. Car- - Tied by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kalb, Schueller, Welu. Nays-None, { Councilman Kolb moved that the (mlrules be suspended requiring the ` filing of petitions prior to 4:00 P.M. on the date of the meeting in order •i to act on the petition of Fighting Back Chapter No. 6 of the Dis- abled American Veterans petition. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Fighting Back Chap- ;. ter No, 6 of the Disabled American Veterans requesting permission for the holding of their annual For- r get-me•not sale on September 11th amd 12th, 1953 presented and read, Councilman Kintzinger moved that the request be granted providim; them are no conflicting dates. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu. Nays-None, Proof of publication, certified ta' by the publishers, of a statement of receipts and also a list of claims for which warrants were issued during the month of July, 1953, presented and read. Councilman Welu moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None. August 25, 1953 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Due to the length of time I will be absent from, the city and the necessity of signing official doc- uments, Irecommend that an act- ing city m,ana~ger be appointed during my absence while on va• cation and attending the City Mlan- agers' Meeting during Septembber. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the conbmunication of City Manager Schiltz be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu, Nays-None. Councilman Kolb moved that City Clerk J. J. Shea be appointed Acting City Manager in the ab• senoe of City Manager L, J. Schiltz, said appointment beginning Aug- ust 31st, 1953 and to continue for the duration of time that City Manager L. J, Schutz is absent during the month of September, 1953, Soconded by Councilman Schueller. Carried by the following vote: Yeas--Mayor Austin, Council- mjen Kintzinger, Kolb, Schueller, Welu, Nays-None. 1055 Victoria Place Dubuque, Iowa August 17, 1953 Mr. J, J. Shea, City Clerk City Hall, Dubuque, Iowa. Dear Sir: I wonder if you are familiar with the situation existing on Vic- toria and Diane Streets, I have spoken to Mr. Austin, Mr. Schiltz, and Mr. Kintzinger about it, and I am writing this letter now in order to make it a matter of record and in the hope that you will be kind enough to see that ~, 554 Special Session, August 25th, 1953 something is done to alleviate the trouble. Until about a year ago, I had access to my home over a gravel surface on Victoria and Diane Streets. Over a year ago, I believe, this was removed a difficult for has been extremely me to get in and out of my prop- erty, and there have been times when it has been actuaeriod last sible. There was a p et fuel. winter when I could not g Delivery men have tdhT~atened not to deliver milk, cleaning, groceries, etc. and I know there have been months when my meters were not read simply because of the mud, I do not blame these men -certainly tone's homenafter they come in any had waded through etdto~mine their ankle bones do not want to and naturally, they either. Need• ruin their clothing, less to say, the damage to my house, furniture, clothing and shoes has been an unnecessary burden financially, and to add to this, I have missed time at work when it has been impossible for me to get out, At night, of course, I cannot risk going out for it is much too hazar• dous. Even when the trench was wide open, there were no flares or lights to warn anyone of the dan- ger. Since that is true for me, and I am familiar with the fact that it is perilous, it is even more so for strangers, which means that my family and friends cannot come to see me, and I hope to live with the uneasy feeling that in the event of fire, illness, or any other emerg• ency, I would not be able to get help, Fall and winter will soon be here and I dread the thought of another winter unless something can be done to relieve this situa• lion. I would not be unreasonable -in fact, I think I have been most cooperative to bear with this obvious lack of consideration and very real injustice for this long period of time. I will appreciate very much any assistance you can Bove me. Sincerely, Mary Virginia Elmer (Mrs, M. V. Elmer) Councilman Kintzinger moved that the communication be re- ceived and made a matter of record and referred to the City Solicitor for investigation and report, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council• men Kintzinger, Kolb, Schueller, Welu. Nays-None. August 20, 1953 Mr. Edw. Koerprick 801 West 11th Street Dubuque, Iowa. Dear Sir: We have been receiving com• plaints regarding the condition of the streets that are in your new subdivision off Victoria Place. I know these streets are your responsibility until the subdivision has been accepted, and we have so notified these people. Wouldn't it be a good idea far you to pro- vide some temporary access to the homes where you graded the streets in order to keep good re• lotions. I think they could force you to do this by court action and would suggest you do something before that happens. I hope you can da this immed• iately so that this complaint will not become a matter of record be• fore the City ouncil, Yours very truly, L, J. Schiltz, City Manager. Councilman Kintzinger moved that the communication of City Manager Schiltz be received and made a matter of record and re• ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Austin, Council- men Kintzinger, Kolb, Schueller, Welu, Nays-None, Mr. R. Cooper addressed the Council in regard to a condition existing caused by drainage from Tressa Street flowing onto his property on Southern Avenue. Councilman Kolb moved that the matter be referred to the City Council to view the grounds, Sec• onded by Councilman Welu, Car• ried by the following vote: Yeas-Mayor Austin, Council• Special Session, August 25th, 1953 men Kintzinger, Kolb, Schueller, Welu. Nays-None. There being no further business Mayor Austin moved to adjourn. 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; 3,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Attest :.............................................. City Clerk 553