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Y Roll_31 Part 3Regular Session, March 1st, 1,948 9 Resolution No. 48-48 property which may result from Whereas, Stampfer Building the drilling of said well or any Company has filed with the City other accident in connection there. Council a -request for a permit to with. Said grantee at its drill a well in the middle of the own ex. pense agrees to defend any and all sidewalk in front of Lot 1 of Lot claims that may be brought against 1 of the Sub, of City Lot 170 and the City because of the drilling of the East 43 feet of City Lot 171 said well, the removing and re - and the Northerly 2 feet of the Placing of the sidewalk taken up East 43 feet of City Lot 172, said and any and all other acts that well to be located approximately may be necessary in conneetion with 14 feet south of the 9th Street the project herein referred to, and Engine House in the middle of the should the City be required to pay sidewalk half way between the any damages, -said grantee agrees curb and the property line, and; to fully reimburse the City there- Whereas,said Petition was re- for and to hold the City harmless ferred to the City Council .to view from any damages. the grounds, and; Sec. 5. The said grantee shall re. Whereas, said City Council has store the sidewalk and the parking viewed the grounds and is of the meter or meters removed to sub - opinion that said permit should stantially the same condition they be granted. were before the operation began. Now, Therefore, And that part of the street that Be It Resolved by the City Coun- should be necessary shall be bar - cil of the City of Dubuque: ricaded and lighted. Sec. 1. That .the Stampfer Build- Sec. G. This Resolution shall be- ing Company, its •successors and come effective and the rights here - assigns be, and it is hereby under shall acture to the Stampfer granted the right and authority to Building Company, its successors drill a well in the middle of the and assigns, when this Resolution sidewalk in front of Lot 1 of Lot has been passed by the City Coun- t of the Sub. of City Lot 170 and cil and accepted by said Stampfer the East 43 feet of City Lot 171 Building Company, which accept - and the Northerly 2 feet of the ante shall be endorsed hereon. East 43 feet of City Lot 172, said Passed, approved and adopted well to be located approximately this 1st clay of March, 1943. 14 feet south of the 9th Street GEO. R. MURPHY, Engine House in .the middle of Mayor the sidewalk half way between the FRANK VAN DUELMAN, curb and the property line. Sec. 2. That such permit and the F. W. THOMPSON, work thereunder be done under the ALBERT WHARTON, direction and supervision of the W. W. MOFFATT, City Manager ailed Building In- Councilmen spector. Sec. 3. That the right .to drill and Attest: J. J. SHEA, maintain such well, as hereby City Clerk. granted, shall be subject to the ACCEPTANCE OF continuous control of the City Resolution No. 48-48 Council, reserving the right to said City Council to impose re- Stampfer Building Company hav- strictions and conditions upon the ing full knowledge and understand, enjoyment thereof as may be Ing of all the terms and conditions reasonably necessary for the Pro- of Resolution No. 45-48, hereby tection of the public interests, in- accepts the same as adopted and eluding the right to revoke and agrees to comply with the terms rescind the permit hereby made, and conditions thereof. if at any time the public interests Signed this 3rd day of March, should so require. 1943, Sec. 4. As a further considera- tion of the permit hereby granted, STA:IIPFER BUILDING CO. said grantee assumes any and all 13y J. Z. APONYOK, liability for damages to persons or 'Treasurer. 70 Regular Session, March 1st, 1948 Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Councilman Moffatt moved that the following named pergons be appointed to serve as Juges and Clerks at the General Municipal Election to be held Monday, March 29th, 1948. Seconded by Council- man Van Duelman. Carried by .the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. First Precinct—Democratic Jud- ges, Maurice Byrne and Mrs. Thos. E. Byrne, Democratic Clerk, Mrs. Josephine O'Brien; Republican Judge, Eward Beach, Republican Clerk, Mrs. Lillian Jones. Second Precinct — Democratic Judge, Thos. J. Hill, Democratic Clerk, Mrs. Earl Donegan; Repub. lican Judges, Mrs. Nellie Loetscher and Mrs. A. C. Elvers, Republican Clerk, Mrs. George R. Fox. Third Precinct—Democratic Jud- ges, Mrs. Anna Kingsley and Mrs. Carrie McGough, Democratic Clerk, Mrs. Vera McAllister; Republican Judge, Mrs. Bests Bogue, Republi- can Clerk, Mrs. Eunice Kilby. Fourth Precinct — Democratic Judge, Mrs. Loretta Powers, Dem- ocratic Clerk, Mrs. Imelda Brandt; Republican Judges, Mrs. Mae Hed- ley and Mrs. Rose Kunz, Republi- can Clerk, Mrs. Martha Hunt. Fifth Precinct—Democratic Jud- ges, Mrs. Evelyn Madden and Mrs. Grace Wright, Democratic Clerk, Mrs. Laura Hohmann; Republican Judge, Mrs. Ruby Steuck, Republi- can Clerk, Mrs. F. W. Trader. Sixth Precinct — Democratic Judge, Mrs. Helen Schaedle, Dem- ocratic Clerk, Mrs. Lillian Fleege; Republican Judges, Myrtle Wes. taby and Mrs. Gene Forward, Re- publican Clerk, Mrs. Hazel Yokum. Seventh Precinct — Democratic Judges, Al. Bitzberger and Mrs. Helen Kehoe, Democratic Clerk, Mrs. Cecelia Weber; Republican Judge, Mrs. Joanna Roland, Re- publican Clerk, Mrs. Cora Wolfe. Eighth Precinct — Democratic Judge, Louis Lagen, Democratic Clerk, Mrs. Anna Weber; Republi- can Judges, Mrs. Jane Fuhrman and Mrs. Maude Rideout, Republi- can Clerk, Mrs. Sadie Meyers. Ninth Precinct — Democratic Judges, Mrs. Mamie Casutt and John Merkes, Democratic Clerk, Mrs. Belle Leidinger; Republican Judge, Mrs. Edna Widdowson, Re- publican Clerk, Mrs. Emma Hinz. Tenth Precinct — Democratic Judge, Mrs. Stella Ball, Democratic Clerk, Catherine O'Connor; Repub- lican Judges, Mrs. Anna Kunz and Mrs. Loretta Kammueller, Repub- lican Clerk, Mrs, Hattie Donatsch. Eleventh Precinct — Democratic Judges, Etta Schroeder and Gil- bert J. Nicks, Democratic Clerk, Mrs. Ida Murray; Republican Judge, Mrs. Vera Loishner, Re- publican Clerk, Carrie Saunders. Twelfth Precinct — Democratic Judge, Phil O'Dowd, Democratic Clerk, Mrs. Marie Sand; Republi- can Judges, William Zumhof and Sam Muir, Republican Clerk, Mrs. Vernon Bottge. Thirteenth Precinct—Democratic Judges, Geo. Gruber and Mrs. Rose Gulich, Democratic Clerk, Mrs. Freda Foell; Republican Judge, Charles Haudenshield, Republican Clerk, Mrs. Marguerite Liddle. Fourteenth Precinct—Democratic Judge, Majorie Bogue, Democra- tic Clerk, Mrs. Veronica Agard; Republican Judges, John Muir and Edward Kupferschmidt, Republican Clerk, Mrs. Dorothy Bauer. Fifteenth Precinct—Democratic Judges, Geo. J. Roepsch and Mrs. Gertrude O'Leary; Republican Judge, Frank Glab, Republican Clerk, Mrs. Helen Hohnecker. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Thompson. Carried by the following vote: 0 Regular Session, March ist, 1948 71 Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. J. J. SHEA, NY Crk� Approved ;�t948. Adopted of °oL948. Councilmen: Attest: ... ....... �� City Clerk. Special Session, March 12th, 1948 city Council (Official) Special Session, March 12th, 1948. Council met at 7:30 P.M. Present—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Thompson. Mayor Murphy read the call and stated that service thereof had been duly made and that this meet, Ing is called for the purpose of considering a detailed distribution of proposed expenditures of the City of Dubuque for the fiscal year beginning April 1, 1948 and ending March 31, 1949 and acting on any other business as may properly come before a regular meeting of the City Council. March 12, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted is a detailed distribution of proposed expendi- tures of the City of Dubuque for the fiscal year beginning April 1, 1948 and ending March 31, 1949. I recommend this distribution to the Council for adoption as the basis for making appropriations for -the ensuing year. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council. men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. Councilman Thompson moved that the City Manager be directed to adjust the detailed distribution of expenditures for the fiscal year beginning April 1, 1948 and ending March 31, 1949 to provide for a 10% increase in the salary of the City Solicitor. Seconded by Coun- cilman Van Duelman. Carried, by the following vote: Yeas — Councilmen Moffatt, Thompson, Van Duelman, Whar- ton. Nays—Mayor Murphy. SOURCES OF REVENUE FOR 1948.49 FISCAL OPERATION A—From Taxes. Fund Levy in Consolidated Mille Fire Maintenance................................................................... 9.785 Tax $362.864.00 ............................................................... 4.500 Fire Equipment .................................................................... 0.875 166.877.00 19,908.00 Parkry................................................................................ 1.250 46,K' 55.00 Park.......................................................................................... 1.000 Playground and Swimming Pool .................................... 0.500 37,084.00 18,542.00 Fire Pension............f............................................................. 0.753 Fire Retirement 27,024.00 .................................................................. 0.405 Police Pension 15.019.00 ........................................... I.......... 0.527 Police Retirement """""""" 19,543.00 Employees Retirement........................................................• 0.298 11,051.00 Emergency...................................................... 0.181 ....................................................................... 8,008.00 0.751 Dock .......................................................................................... 27,850.00 Bonds0.500 18,542.00 Ai0enerAirpoal .....................................................................1 1.412 .................................................................................... 52,362.00 Citrport y Assessuunt1.000 37.084.00 ......................................................... ......... 0.277 10, 272,00 Money and Credits Tax(Consolidated Fund 23.495 $871,283.00 Road Tax on Agricultural Lands (Consolidated Fund) Library Tax on Agricultural Lands 18103 .00 (Library Fund).... 105.00 GRAND TOTAL FROM TAXES LEVIED AUGUST 1947..$588,206.00 bad on ar taxablealue $37,083,7321 imate which s s the assessed value foris 1948-49 operationd as obof - tained from the County Auditor. Che levy for 1947-48 operation was 29.194 mills oila valuation of $35,702,which with taxable ric229 moneys and credits $16,896 plus taxes on agultural lands tax of of $207 totalled $846,572. B—From Miscellaneous Sources General Mise. Business Licenses ......................... Revenues ]tug [.icensee.........................................................$ 4,200.0 4,200.00 Building Pcrrnits..............................................................................d....... 500.00 ............... Plumbing Permits 3,600.00 .................................................................................. Electrical Permits ll................................................................................ 2.750.00 2,750.00 Special Session, March Lath, 1948 73 Police Court. Fines and C'ostc............................................................ 30;000.00 BeerPercnits........................................... ................................ ................ 30,000.00 CigarettePermits.................................................................................. .3.000.00 Street and Garage Reccipt............................................................... 3,000.00 DietingPrisoners 1 ............................................................ ........... .......... 5100.00 MiscellaneousRents...............,..............................................I............... 755.00 MiscellaneousAdes.............................................................................. 2:0.00 ScaleReceipts.....................................................................................x... 500.06 Ambulance Receipts........................................................................:..... 3,000.00 Health Dept. Receipts........................................................................ 500.00 Milk Inspection Fees............................................................. .:............. 5,000.00 BicycleRegistration.............................................................................. 700.00 Sale of Real Property............................................................................ 1.000.00 State Highway Jiaintenauce.............................................................. 3,395.00 Total....................................................................................................$114,000.00 AIRPORT FUND Estimated Unencumbered Balance April 1, 1948. ....................$ 90,00400 AirportReturns........................................................................................ 5,000.00 Total....................................................................................................$ 95,000.00 CONSOLIDATED FUND Estimated Unencumbered Balance April 1, 194S ...................1$ 25,000.00 FIRE MAINTENANCE FUND Outside Fire Protection....................................................................$ 1,000.00 Estimated Unencumbered Balance :April 1, 194)( .................... 5,000.0 $ 6,000.00 FIRE EQUIPMENT FUND Estimated Unencumbered Balance April 1, 1948 ....................$ 50,000.00 BONDED DEBT FUND Estimated Unencumbered Balance April 1, 1148 ......................$ 1,000.00 LIBRARY FUND Book Mentals and Fines ...........................4........................................$ 2,500.00 PARKING LOT FUND Estimated Unencumbered Balance April 1, 1948 ....................$ 17,800.00 PARKING METER FUND Estimated Unencumbered Balance April 1, 1948 ......................$ 10,000.00 MeterCollections.................................................................................... 30,000.00 Total....................................................................................................$ 40,000.00 PARK FUND Estimated Unencumbered Balance April 1, 1948 ......................$ 3,500.00 Concessions................................................................................................ 500.00 .Miscellaneous Collections.................................................................. 300.00 Total....................................................................................................$ 3,300.00 PLAYGROUND AND SWIMMING POOL FUND Estimated Unencumbered Balance April 1, 1948 ....................$ 2,000.00 SwimmingPool Receipts....................................................... i............ 3,500.00 250.00 SkatingRecefpts...................................................................................... 75.00 Miscellaneous Receipts........................................................................ Total....................................................................................................$ 5,835.00 FIRE PENSION FUND 1% Salary Deductions from Members ..........................................$ 600.00 POLICE PENSION FUND 1% Salary Deductions from Membors..........................................$ 450.00 DOCK FUND Estimated Unencumbered Balvx(' April 1, 1948 ...................$ 3,01)(1.00 2,250.00 Oil Terminal Lease 2,100.011 Virginia -Carolina. Lea.a................................................................ 1,890.00 Dock House Lease Harbor Lcases......................................................................................... 1,'100.00 Wharfage Fees ................................................................................ 300.00 Miscellaneous Reooipt........................................................................... 11,740.00 Total ...................$ STREET CONSTRUCTION FUND Estimated Unenvundlercd Balance April 1, 1948.......... 00.00 ............$175,1IN10.(H) Receiptsfrom Gas Tax........................................................................ 'total.....................................$180,000.0(1 ............................................................... LIQUOR SALES FUND 60,000.00 Estimated City Share............................................................................$ SUMMARY 'Dotal Estimated MiseRec-enues and Balances ...................•3,,;OILIUI Total Estimated Receipts from Taxes .................................... TOTAL ESTIMATED CITY REVENUE............................••$1,501,431.00 74 Special Session, March 12th, 1948 WATER WORKS DIVISION (Self Supporting) Estimated Unencumbered Balance ................................................$140,000.00 Estimated Water Revenue..................................................................$189,305.00 $329,305.00 ESTIMATED GRAND .TOTAL CIT] AND WATER WORKSREVENUES..................................................................$1,830,786.00 Item 101 -City Council A. Salaries... $ 1,500.00 $ 1,500.00 B. Travel............................................................. 175.00 175.00 J. Miscellaneous........................................................ 25.00 25.00 Total............................................................................$ 1,700.00 $ 1,700.00 Item 102 -City Manager's Office A. Salary City Manager ....................................$ *0,714.00 $ *9,000.00 A. Salary Secretary .............................................. 2,832.00 3,115.20 A. Salary Stenographer 2,004.00 2,204.40 B. Travel...................................................................... 250.00 250.00 C. Office ........................................................................ 125.00 125.00 D. Printing.................................................................. 75.00 75.00 F. Maintenance.......................................................... 2011.00 200.00 G. Material and Supplies ...................................... 325.00 325.00 Total............................................................................$ 12,525.00 $ 15,294.00 Item 103 -City Clerk's Office A. Saary City Clerk ............................................$ A. Salary Extra Help 3,456.00 $ 3,801.60 ..........................................a G. Material and Supplies ...................................... 150.00 75.00 150.00 75.00 Total............................................................................$ 3,681.00 $ 4,026.00 Item 104 -City Auditor's Office A. Salary City Auditor ........................................$ *2,547.00 $ *2,801.70 F. Maintenance.......................................................... 50.00 50.00 G. Material and Supplies .......................................... 200.00 200.00 Total............................................................................$ 2,797.00 $ 3,051.70 Item 105 -City Treasurer's Office A. Salary City Treasurer ....................................$ *2,502.00 $ *2,752.20 D. Printing and Adverlisiu. .............................. 26.00 25.00 F. Maintenance.......................................................... G. Material and Supplies 25.00 ai.00 ...................................... I. Surety Bond.......................................................... 150.00 100.00 15000 100.00 Total...........................................................................$ (Note: 25% of salaries of Uity .Manager, 2,502.00 City Auditor, $ 3,052.20 and Treasurer are paid by Water Deparhnent.) Item 106 -City Solicitor's Office A. Salm;p City Solicitor (Part Time) ............ B'. 'I'ravel $ 5,220.00 $ 5,742.00 .......:.............................................................. C. Otfiec 40.00 40.00 ...................................................................... G. Material and Supplies 40.00 40.00 .................................... 55.00 85.00 Total............................................................................ $ 6,386.00 $ 5,907.00 Item 10& -City Assessing J. City's Share ............... $ 6,341.0010,272.00 v...................................... ($10,27_s paid frau City Assessment Fund $ S.F. 4G Acts of 52 G.A.) as provided by Item 109 -Civil Engineer's Office A. Salary Engineer .................................................. -v A. SulaOy' Assistant $ 3,900.00 $ 3,980.00 Rstant..............._................................... A. Sul 3,156.00 3,300.00 C. OtOce ........................................................................ 8,400.00 8,400.00 E. N:quipment.......................................................... 100.00 100.001 P. 5faintenancc 200.00 200.00 ................ G. Material and Supplies ........................................ I P 500.00 500.00 ...{ .................................. 500.00 500.00 Total............................................................................ $ 16,750.00 $ 16,960.00 Item 113 -City Elections A. Salaries........... G. Material :mil Supplies ....,........................$ 500.00 $ 500.00 J. Rents .................................... ........................................................................ 400.00 400.00 50.00 50.00 'Total ......................................$ 950.00 $ 850.00 --Appropriation a --- Item 114 -City Buildings 1947-48 1948-49 A. Salaries Jauitot•s ........ Equipment ........................................$ F. .................................. 4,500.00 $ 4,500.00 3tuintenance and Rem irs G. 1,000.(10 1,000.00 Material and Supplies ............. .............................................. 1,000.00 1,000.00 1, 800.00 1,800.00 Total............................................................................ $ 10,800.00 $ 10,800.00 Special Session, March IAII, 1948 75 Item 115 -Police Court A. A. Salary Police Judge ........................................$ 2,052.00 $ 2,267.20 G. Material and Supplies .................................... 15.00 15.00 Salaries Captains (5) .................................... Total............................................................................$ 2,067.00 $ 2,272.20 Item 116 -Civil Service Commission Salaries Lieutenants (7) ................................ 18,480.00 0. Material and Supplies ....................................$ 100.00 $ 100.00 J. Miscellaneous........................................................ 100.00 100.00 92,782.80 Total............................................................................$ 200.00 $ 200.00 SUBTOTALS GROUP I -GENERAL. ADMINIS- A. Salaries Firemen (during 1st yr.) (3).... 6,552.00 TRATION..................................................................$ 65,004.00 $ 74,486.31) 50.00 (Consolidated Fund - $64,214.30; City Assessment Fund - $10,272.00. 660.00 D. Printing.................................................................. 35.00 GROUP II -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (Consolidated Fund) Maintenance.......................................................... A. S'almy Chief of Police ........, ...........................$ 3,720.00 $ 4,092.00 A. Salary Senior Captain .................................... 3,024.00 3,326.40 A. Salaries Captains (2) ...................................... 5,565.00 6,124.80 A. Salaries Desk Sergeants (3) ........................ 8,244.00 0,068,40 A. Salaries Detectives (4)............................ 10,848.00 11,932.80 A. Salaries Motorcyclists (2)• ............................ 5,280.00 5,808.00 A. Salaries Patrolmen (after 3 yrs.) (24).... 56,232.00 67,478.40 A. Salaries Patrolmen (before 3 yrs.) (2).... 4,824.00 5,306.40 A. Salaries Patrolmen (during 1st yr.) (3) 6,552.00 7,207.20 A. Sahuies Matrons (2) .................................... 4,3,;8.00 4,804.80 A. Salaries b'pecial Officers ................................ 100.00 100.00 B. Travel...................................................................... 50.00 50.00 C. Office ........................................................................ 275.00 275.00 D. Printing.................................................................. 150.00 150.00 E. Equipment............................................................ 8,500.00 3,500.00 F. Maintenance.......................................................... 2,800.00 2,800.00 G. Material and Supplies ...................................... 2,000.00 2,000.00 J-1. Feeding Prisoners .............................................. 1,500.00 1,500.00 J.2. Miscellaneous (Injuries) ................................ 300.00 300.00 F. Total............................................................................$119,336.00 $135,824.20 r 1.,6.00 200.00 (Consolidath,d Tax - $66,505.40; N:mer;;ror•y Fund Transfer - $9,318.80; liquor Sales Fund -$60,000.00.) 700.00 H. Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ........................................ $ 3,720.00 $ 4,092.00 A. Salaries Senior Captains (s) ........................ 6,048.00 6,652.80 A. Salaries Captains (5) .................................... 13,920.00 15,312.00 A. Salaries Lieutenants (7) ................................ 18,480.00 20,328.00 A. Salaries Engineers (4) .................................. 10,560.00 11,616.00 A. Salaries Firemen (after 3 yrs.) (83)........ 76,680.00 92,782.80 A. Salaries firemen (during 3 y'rs.) (7)...... 16,884.00 18,572.40 A. Salaries Firemen (during 1st yr.) (3).... 6,552.00 7,207.20 It. Travel...................................................................... 50.00 50.00 C. Office........................................................................ 000.00 660.00 D. Printing.................................................................. 35.00 35.00 F-1. Maintenance.......................................................... 3,750.00 3,750.00 F-2. Repairs to Buihlin:,:...........:............................ 3,000.00 $000.00 G. , Material and Supplies ...................................... 2,700.00 2,700.00 H. Heat and Light ................................................ 3,000.00 3,000.(.4) I. Insurance...........................................................4... 400.00 400.00 J-1. Miscellaneous (injuries) ............................... 9W.00 900.00 J-2. Interest on Warrants ........................................ 60.00 60.00 J-3'. Reserve for Eunrgency.................................... 600.00 300.00 Total $191,408.20 ............................................................................$167,989.00 (Fire Maintenance Tax - $166,877.00; Balance and Misc. Rev- enue - $6,000.00; Emergency Fund Transfer - $18,531.20.) Item 1198 -Fire Equipment Fund 13. Equipment............................................................$ 73,411.00 $ 03,906.00 (fire Equipment Tax - $13906.00; Unencumbered Bahuue - $50,000.00. ) -•-Appropriations--- 1947-48 1948-49 Item 120 -Fire and Police Alarm (Consolidated Fund) A. Salary City Electrician ..................................$ 2,568.00 $ 2,824.80 A. &clary Extra Help 2,100.00 00 00 7. 2,100.00 100.00 C. E. Ofti c.. ........................................................................ Fqull,n,wnt............................................................ 15.00 150.00 F. M ainlrnaoce.......................................................... 150.90 200.90 r 1.,6.00 200.00 G. 1latorial and Supplies .................. .................... IW.UO 700.00 H. 11cut, ught and Power .................................... Total........................$ .................................................... 0,368.00 $ 5,624.80 Item 121 -Building Commissioner's Office (Consolidated Fund) A. Salary Building Commissioner ....................$ 31630-00 60000 3,600-00 C. Office....................................................................... 1210.00 ]fd).00 F. G. Maintenance ...................... .................................... Material and Supplies ...................................... 100,W 100.0 Total 3,00:,.00 $ 3,875.00 Item 122 -Plumbing Inspector's Office (Consolidated Fund) $ 3,32.40 A. Salary Plumbing Inspector ..........................$ 8,024.00 25.00 2.6.40 C. Office ..................... ................................................... 76 Special Session, March 12th, 1948 D. Printing.................................................................. 15.00 15.00 O. Material and Supplies ........................................ 50.00 50.00 J. Plumbing Board ................................................ 180.00 180.00 Total............................................................................$ 3,294.00 $ 3,596.40 Item 123 -Electrical Inspector's Office (Consolidated • Fund) A. Salary I•arvari.al Inspector ............................$ 3,024.00 $ 3,326.40 C. Of ............................................................................ 25.00 25.00 D. Printing ......................................................... 15.00 15.00 F. Maintenatw,` 175.00 175.00 G. Material and Supplies .................................... 100.00 100.00 Total.....................................................................a....$ 3,339.00 $ S,64L40 Item 124 -Dog Pound (Consolidated Fund) .1. 1-:w,. ,enumt Dog Ordinance ........................$ 150.00 $ 150.00 SI'li'fn'f'.U.S rairri'P IJ, PROTECTION OF LIVE AND PROPERTY........................................$376,791.00 $408,026.00 GROUP III -HEALTH AND SANITATION (Consolidated Fund) Item 125 --Health Department A. Salary Director (Part Time) _......................$ 2,424.00 $ 2,666.40 A. Salary Sanitary Inspector ............................. 2,112.00 2,323.20 A. Salary Clerk and Registrar ........................ 1,956.00 2,151.80 A. Salary Restaurant Inspector ........................ 1,656.00 1,920.00 A. Salaries Nurses (4) ......:................................... 9,480.00 10,289.40 A. Extra Help.......................................................... 1,584.00 1,742.40 13. Travel...................................................................... 50.00 50.00 C. Office ......................................................................... 150.00 1.10.00 D. Printing.................................................................. 50.00 50.00 E. Equipment...................................................i........ 50.00 50.00 F. Maintenance.......................................................... 600.00 600.00 G. Material and Supplies...................................J 500.00 300.00 .J-1. Laboratory Expense .......................................... 400.00 400.00 Total ....... . .................................................................. T 20,812.00 $ 22,693.00 Item 126 -Control of Contagious Diseases J. Control of Contagious Diseases ....................$ 1,200.00 $ 1,200.00 Item 127 -Sewer Maintenance A. E. Wages ......................................................................$ Equipment 15,500.00 $ 17,1 00.00 F. ............................................................ 700.00 Maintenance.......................................................... 1,200.00 700.00 1,200.00 C. Material and Supplios ..................................... 600.00 600.00 H. Power for Sewer Pumps .................................... 1,500.00 1,500.00 Total.................................................................. .....$ 19,500.00 $ 21,500.00 Item 128 -Garbage Disposal J. Contract for Garbage Collection and Disposal......................................................................$ 18,000.00 $ 18,000.00 Item 129 -Milk Inspection A. Salcey Milk Inspector ....................................$ 2,928.00 $ 3,220.80 A. Ii. Salary Assistant ................................................ F.quipment 2,520.00 2.772.00 1}, ............................................................ 160.00 Material and Supplies ...................................... 100.00 160.00. 100.00 Total............................................................................$ 6,705.00 $ 6,252.80 ons --- SUBTOTALS (:ROUP III -HEALTH AND 1947-48 1948.49 SANITATION.......................................................... $65,220.00 $ 69,645.80 GROUP IV -HIGHWAYS AND STREETS Item 131 -Highways Administration (Consolidated Fund) A. A. Salary Timelceepm'............................................ Maintenance $ 3,024.00 $ 3,326.40 G. Material slid Supplies100.00 100.00 ..................................... 150.00 150.00 IA.tem Total.........................................................................$ 132 -Street Repairing 3,274.00 $ 3,576.40 and Grading (Consolidated Fund) Mages Laborers E. E. .......... 1?c ui nncnt""""'.........�....................$ 1 I 27,500.00 $ 27.600.00 F. ............'•"" Maintenance ......................................... 61000.00 6,000.00 Material nod Supplies 51000.00 5,000.00 J. ...................................... Grudinrg .................................................................. 15,000.00 13,000.00 5,000.00 5,000.00 Total...........................................................................$ Item 135 -Street Construction Fund 53,500.00 $ 56,500.00 J. Street ('nnstruc•tion ............................... Item 133 -City Garage (Consolidated '$110,000.00 $180,000.00 A. Fundj Sal:u'ies 'NIe".hanics ('. ............................................ 110ire $ 10,000.00 $ 10,000.00 li. I:q,iipm�nt................................................................ ...........................................I................ 75.00 75.00 F'. Ma olonanee 5100.00 600.00 G. Matel olid Sud plies ..........................•........ 400.00 400.00 H. Heat, Light and Power 325.00 2,325.00 1. Insu•auce """"'' ••••••••••• 2,000.00 2,000.00 ................ 50.00 50.00 Total.................... ................................ .. ......................$ Item 134 -Ash and Can Collections 13,350.00 $ 16,350.00 A. (Consolidated Fund) Wages Drivois and Laborers ........................ $ 18,000.00 $ 19,000,00 Special Session, March 12th, 1948 ii I'. Ni -,len nre........................................................... 1.400.00 11400.00 Material and Supplies .......................................500.00 50(1.00 Total............................................................................$ 17,900.00 $ 20,900.00 Item 138 -Street and Traffic Signal Lighting 'trafficSignols........$ (Consolidated Fund) H. Streeet Lightin;; and 40,500.00 $ 401500.00 Item 140 -Street Cleaning (Consolidated Fund) A. Wages Drivers and Laborers ......................$ 14,000,00 $ 15,000.00 E. Equipment............................................................ 500.00 500.00 F. Maintenance.......................................................... 3,.500.00 3,500.00 G. Material and Supplies ................................... 800.00 3,500.00 Total............................................................................$ 18,800.00 $ 22,500.00 Item 141 -Snow Removal (Consolidated Fund) A. Labor.......................................................................$ 7.000.00 $ 81000.00 E. Equipment............................................................ 800.00 1,000.00 F. Maintenance.......................................................... 1,600.00 2,000.00 G. Material and Supplies .................................... 550.00 3,000.00 Total..........................................................................$ 9,950.00 $ 14,000.00 SUBTOTALS GROUP IV-I1101I\CA}S AND STREETS....................................................................$267,274.00 $353,326.40 GROUP V -LIBRARY Item 143A -Library Fund and Misc. Library Revenue A. Salary Librarian ................................................$ 3,156.00 $ 3,150.00 A. Salary Reference Librarian ............................ 2,460.00 2,457.00 A. Salary Cataloguer .............................................. 2,256.00 2,249.161 A. Salary Juvenile Lihnoian ............................... 2,1"_4.00 2,110.06 A. Salary Circulation Head (fart 'Time).... 1,968.00 1,19.1.00 A. Salary School Librarian ................................ 1,968.00 1,959.36 A. Salary Asst. of Circulation Head ................ 1,968.00 1,959.36 A. Salaries General Assistants (3) .................. 5,100.00 61,103.00 A. SalaryCaretaker................................................ 2,232.00 2,256.56 A. Salary Extra Help ............................................ 1,761.00 3,819.00 .B. Travel Expense .................................................... 100.00 100.00 C. Office 1•:xpense.................................................... 1.10.00 150.00 D. I'rintin�.................................................................. 50.00 .50.00 E. Books and Periodicals ...................................... 6,7S0.00 9,000.00 F. Rimling.................................................................. 1,9o0A0 2.500.00 F-1. Building Repairs ............................................... 6,000.00 5.322.00 G. Material and Supplies ............ .......................... 1,700.00 2.300.00 11. Heat, Light and Waterr.................................... 2,500.00 2,800.00 1. Insurance................................................................ 408.00 500.00 Total...................4........................................................$ 43,581.00 $ 48,960.00 (Library Tax - $46,355.00; Library Tax Agricultural Land - $105.00; Misc. Library Revenue - $3,500.00.) GROUP VI -PARK FUND ---.1ppr•opria ti ons --- 1947.48 19.1849 Item 144A -Park Administration A. Salary Sn)n•rintendent....................................$ 2,976.00 $ 3,273.610 13. Travel..................................................................... 50.00 100.00 C. Of ve........................................................................ 100.00 250.00 D. Printing and AdeertWng .............................. 60.00 75.00 J. Miseell:uuvus........................................................ 15.00 15.00 J. Old Age I'ensiou ........ 275.00 Total............................................................................$ 3,201.00 $ 3983.60 Item 1446 -Park Areas, Buildings, Etc, A. Wa es of Lal mrs............................................$ 16,000.01) $ 20,(910.00 horcar�................................................................. 400.00 700.00 1'.. I:,)ni)nneot........................... ............................. .... 600.09 1,600.00 1'.......................................................... 1,400.00 2,090.00 I:. Material and ...................................... 1,800.09 3,100.00 11. Heat, Lif.ht. Water and Telephom............... 1,800.09 2,401.00 1. 11scr.1, o................................................................ 700.00 700.00 J-1. Rc•nmati(m:< and R( -placements ....................100.00 95.40 J-2. Reserve for Deierred Maintenance ................ .50.00 61,800.00 Total............................................................................$ 22,850.00 $ 36,5,35.40 SURTOTALS CROUP VI -PARK FUND........ $ 261,051.00 $ 40,384.00 (Park Tru - $37064.061; Mise. Park Revenues - $3,300.00.) GROUP VII -PLAYGROUND AND SWIMMING POOL FUND Item 145A -Recreation Administration $ 3.049.20 ................................................... A. Director" A. ............................... .772.061 1.200.00 1300.011 50.90 i , .I ..... .,0.00 C. ...................................... C. uTi, ........................................................................... F. Ala iui� n;nu•r of l:0.360.0(1 139.09 120.90 31H).00 250.00 250.00 G. Malw'ial and Su;ydir ................................ Total 4,752.00 $ 5929.20 Item 1458 -Outdoor Recreation A. Salaries Supervism•s, Directors, 1, ...........$ 3,500.09 $ 3;500.00 750.00 750.00 A. Wages of Laborers .............................................. 750.00 15p.011 E. Equipment ............................................................ 5110.00 500.00 78 Special Session, March i2th, 1948 0. Material and Supplies ...................................... 500.00 500.00 if. i.ight......................................................................... 500.00 500.00 I. Insurance................................................................ 250.00 250.00 ............................................................................ Total6,750.00 $ 5,623.20 $ 6,750.00 Item 145D -Indoor Recreation L Insurance................................................................ 225.00 225.00 A. Wages ..................................................................... 600.00 $ 600.00 ...... C. ....,.............................................................. 2Fi.00 25.00 E. Equipment ...........................:............................. 300.00 300.00 F. Maintenance.......................................................... 500.00 6500.00 G. Material and Supplies ...................................... 400.00 400.00 II. Heat slid Light.......4......................................... 400.00 400.00 Total............................................................................ 2,225.00 2,2.25.00 Item 145E -Swimming Pool I A. Salary Superintendent ......................................$ 450.00 $ 450.00 A. Salaries Guards (4) ........................................ 900.00 900.00 A. S'alar'ies Attendants ............................................ 1,300.00 11.900.00 F. Maintenance.......................................................... 450.00 460.00 G. Material and Supplies ...................................... 350.00 850.00 H. Light and Power .............................................. 300.00 300.00 I. Insurance................................................................ 229.00 229.00 Total............................................................................$ 3,979.00 $ 3,979.00 Item 146 -Improvement and Care of Grounds J -l. (iu c's �'h:n'e of Special Assessments...,......, $ 6,000.00 """'�; and Inlets $ 12,000.00Jt. F. Maintenance..........................................................$ 1,000.00 $ 1,000.00 J. Improvement of Grounds ............................ 5,000.00 5,393,80 Total............................................................................$ 6,000.00 $ 6,383.80 SUBTOTALS GROUP VII - PLAYGROUNDS AND SWIMMING POOL .............. 4......................$ 29,706.00 $ 24,367.00 (Playgrounds and Swimming Pool Tax - $18,542.00; Swimming Pool Receipts - $3,500.00; Skating Receipts $250.00; Misc. Re- ceipts - $75.00; Balance on Hand - $2,000.00.) ---Appropriations-_ --ApproAriations--- 1947-48 1947-48 1948-49 GROUP VIII -MISCELLANEOUS Item 147 -Planning and Zoning (Consolidated Fund) J. Miscellaneous........................................................$ 7,500.00 Item 143E -Ambulance (Consolidated Fund) $ 2,978.00 A. Salaries Dricrr, (_) ..........................................$ 5,112.00 F. Alaintenanc.. $ 5,623.20 ....................... ....._................. I.......... 280.00 G. Material and .�,;ppii.................................1 350.00 280.00 350.00 L Insurance................................................................ 225.00 225.00 Total.............................................................................$ 5,967.00 $ 6,478.20 Item 148C -Other Miscellaneous (Consolidated Fund) J-1. Iowa League of Municipalities ......................$ 80.00 $ 80.00 J-2. Damages.................................................................. 3,800.00 J-3. Printing Council Proceedings ............... 2,700.00 3,800.00 2,700.00 J-5. State Examiners J-6. Repairs to Town Clock ..................................... 2 500.00 .00 00.00 J•7. Misc. Unclassified .... ................._................. a.... 8,100.00 J-8. Workmen's Compensation Insurance............ 500.00 3,100.00 2,500.00 J-9. Interest on Warrants 2,500.00 ...................................�.... 125.00 125.00 Total..........................................................................$ 1.1,305.00 SUBTOTALS GROUP VIIl -MISOF.LLAN- $ 14,3(15.000 EOUS............................................................................$ 27,772.00 $ 29,661.20 GROUP IX -MARKETS AND PUBLIC SCALES Consolidated Fund) Item 152 -Market Master A. Salarc 3inkct Aiastcr.....................................$ 2,052.00 F. Aiaiutcnuncc. . $ 2,257.20 20.00 G. Material and Supplies 20.00 .................................... J. lliscellan; ous 65.00 20.00 ........................................................ 20.00 20.50 ............................. SUIVI'wrALS (;Rot l' I.S..... '-_NIA 2,157.00 AIA Il KE :Y AND $ 2,363.00 I'I ItI.!u `•I.\ LhS.................................................i$ 2,157.00 $ 2,363.00 GROUP X -MUNICIPAL IMPROVEMENTS Fund) Item 160 -Capital Impr vementsdated J. loipn;vement Pj-,jcct. ...................................... Item 161 -Bridge Construction $ 32,000.00 $ 32,000.00 J. ltrid :end Ciaduct 1Vork................................$ 53,628.00 Item 162 -Assessments and Sewers $ 27,813.00 J -l. (iu c's �'h:n'e of Special Assessments...,......, $ 6,000.00 """'�; and Inlets $ 12,000.00Jt. .................................. 25,000.00 T,l a l 30,000.00 ...................... . SUBTOTALS GU01 1' • .......... .......................4....... .$ 31,000.00 JIUNICII':1L IM- 1'RU1'I{AIIiS'I'S $ 42,000.00 (C'unsulidated b'uud"-- ............................'............$116,628.00 $101,813,00.) $101,813.00 : ;W .> Special Session, March 12t1l, INS 79 EMERGENCY AND RESERVE Itf'sorcc in General Misc. Revenues ........... ,............$ 165.00 $ 165.30 GROUP XI -PENSION FUNDS (Airport Fund -$19,428.00.) Item 154 -Police Pensions SUBTOTALS GROUP XII -DEBT SERVICE ....$ 87,104.00 $ 72,790.00 J-1. Police Pensions ..........................................,.......$ 18,852.00 $ 19,993.00 J-2. Police Retirement System ............................ 8,941.00 11,051.00 Total...............................................................4............$ 27,773.00 $ 31,044.00 (Police Pension Tax $19543.00; Balance on Iland and Pay Deductions from Members - 450.00.) (Police Retirement Tax - $11,051.00.) B. Item 155 -Fire Pensions F. J-1. Fire Pensions........................................................$ 25,326.00 $ 28,524.00 J-2. Fire Retirement System ................................ 12,910.00 15,019.00 Total ................................................... ........................ $ 38,236.00 $ 43,543.00 (Fire Pension Tax -$27,924.00; Balance, on Hand and Pay De- ductions from Members -$600.00; Fire Retirement Tax -$15,019.00.) Item 156 -Employees' Retirement Fund 300.00 300.00 J. City's Share......A..................................................$ $ 6,008.00 (Employees' Retirement Tax -$6,008.00.) 3-3. SUBTOTALS GROUP XI -PENSIONS ..................$ 66,009.00 $ 80,595.00 ---Appropriat ions --- $ 2,520.00 $ 3,192.00 1947-48 1948.40 GROUP XII -DEBT SERVICE Item 161J -1 -City Bonds and Interest Salary Engine(-: ..................................................$ A-1. Interest on Bonds ..............................................$ 5,789.00 $ 4,763.00 A-3. Sewer Bond Redemption ..............4................ 11,000.00 18,000.00 A-5. Funding Bond Redemption .......................... 45,000.00 30,000.00 A-6. Reserve.................................................................... 545.00 599.00 Total............................................................................$ 62,334.00 $ 53,362.00 (General Pond Fund -$52,362.00; Balance on Hand -$1,000.00.) Item 161J -2 -Dock Bonds and Interest 703.00 700.00 A-1. Interest on Dock Bonds ....................................$ 200.00 $ A-2. Dock Bond Redemption ...................................... 5,000.00 Total............................................................................$ 5,200.00 $ ........ Item 163,12 -Airport Bonds and Interest Total............................................................................$ A-1. Interest on Airport Bonds ............................$ 570.00 $ 428.00 A-2. Airport Bond Redemption ............................. 10,000.00 19,000.00 Total............................................................................$ 19,570.00 $ 19,428.00 (Airport Fund -$19,428.00.) SUBTOTALS GROUP XII -DEBT SERVICE ....$ 87,104.00 $ 72,790.00 GROUP XIII -DOCKS Item 153A -Dock Operation A. Salary Engineer ..................................................$ ,420.00 $ 420.00 B. Travel...................................................................... 200.00 200.00 F. lllaintenauce.......................................................... 50.00 50.00 G. Material and Supplies ...................................... 50.00 50.00 I. Insurance................................................................ 700.00 600.00 J-1. Traffic Assuciatimm Service .............................. 300.00 300.00 J-2. Improvements.................................................400.00 572.00 3-3. Miscellaneous........................................................ 400.00 1,000.00 Total ...................................................... ..................... $ 2,520.00 $ 3,192.00 Item 153B -Dredge Operation 180.00 $ 180.00 A. Salary Engine(-: ..................................................$ 9,660.00 9,660.00 A. A. Salaries Operat,a............................................... Wages Laborers .................................................. 4,500.00 5,200.00 F. Maintenance and Repairs ............................ 1,500.00 1,500.00 2,000.00 2,000.00 G. ............... Material and Supplies... .. ... .... ... ........ 4,500.00 4,500.00 H. Electric Power .................................................... 703.00 700.00 I. I. Marine Insuram...........w...................................... Workmen's Conpensai iuu Insurance .......... 600.00 900.00 150.00 J. Miscellaneous........................................................ 150.00 Total............................................................................$ 23,793.00 $ 24,790.00 Item 153C -River Front Improvement $ 500.00 $ 500.00 A. Wages 250.00 200.00 E. Trucking............................................................. 3,0.00 1,000.00 E. Equipment .............................................................. 100.00 100.00 E. G. Tools........................................................................ Material and supplies .............. 600.00 600.00 1,700.00 $ 2,300.00 SUBTOTALS Total G40I'1' X111 -DOCKS ....................$ 28,013.00 $ 30,282.00 -$11,740.00) (Dock Twi $1,�•5-L".un: Slise. Dock Revenues GROUP XIV -AIRPORT Item 157 -Airport Fund 2,500.00 $ 15,000.06 F. Maintenance......................................... 500.00 1,500-011 I. Insurance.................................................................$ ................ 93.073.00 98,156.00 J. Airport De%clopmeut........................................ SUB -TOTAL GROUP XIV-AIRPORT..............r••$ 96,073.00 $112,656.00 - (Airport Tax - $17,656.00; Airport Balance and Revenues $95,000.00) 8o Special Session, March | 948 GROUP XV—PARKING METERS AND r^nx/mo Loro item 170A—Parking Meters ............................................................... $z9,^00»o (Parking Meter Fund—$19,500.00) Item 170B—Parklng Lots (Parking Meter Fund — $20,500.00; Parking Lot Fund — SUBTOTAI—GROUP XV—PARKING METERS 1947-48 1948-49 GROUP XVI—WATER WORKS Total -------------'------'----$^m.zm.w $329.m,5m` o/oouxucmcwru Item149A—Administration A. Salary Superintendent and Cashier $ 4,620.00 $ 5,082.00 Item 149B—Water Operation ---'---- �m'mn00m27.no./o �� $ 3,828.00 00 3,484.80 A. / 17,899.20 A. spcclal tic;;i��,i, March 12th, 1948 Resolution No. 49-48 Whereas, a detailed distribution of proposed expenditures of the City of Dubuque for the fiscal year beginning April 1, 1948 and ending March 31, 1949 has been duly pre- pared by the City Manager and submitted to this Council for ap- proval; and Whereas, this Council has ex- amined the detailed distribution of proposed expenditures, wherein estimates of the expenses of the departments and purposes are shown, including the estimates for which the consolidated tax levy and all other levies heretofore made, receipts from moneys and credits and miscellaneous sources are to be used, and said distribu- tion shows all of the proposed ex- penditures for the ensuing fiscal year; Now Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that said detailed distribution of proposed expenditures for the fiscal year beginning April 1, 1948 and ending March 31, 1949 as heretofore pre- pared, be and the same is hereby adopted and •approved. Passed, adopted and approved this 12th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilman Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Councilmen Moffatt, Thompson, Van Duelman, Wharton. Nays—Mayor Murphy. Ordinance No. 9.48 An Ordinance making appropria- tions for -the expenditures of city government of the City of Du- buque, Iowa, for the fiscal year beginning April 1, 1948 and ending March 31, 1949, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council. 7T__-VWNgW`_— 0 man Moffatt. Carried by the follow- ing vote: Yeas — Councilman Moffatt, Thompson, Van Duelman, Whar- ton. Nays—Mayor Murphy. Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Thompson. Carried by the following vote: Y e a s — Councilman Moffatt, Thompson, Van Duelman, Whar- ton. Nays—Mayor Murphy. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Y e as — Councilman Moffatt, Thompson, Van Duelman, Wharton, Nays—Mayor Murphy. Notice of Claim of Mrs. Mary Krakow in the amount of $24.00 for injuries sustained due to slipping on icy crossing at the intersection of 15th and Jackson Streets, pre- sented and read. Councilman Mof- fatt moved that the Notice of Claim be referred to the City Solicitor for Investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Communication of O'Connor, Thomas & O'Connor, Attorneys for Miss Irma Biver, presenting claim in the amount of $5,000.00 for per. sonal injuries sustained by Miss Biver in a fall on the rough, un- even and icy accumulations in the crosswalk at the intersection of 18th Street and Central Avenue, presented and read. Councilman Thompson moved that the com- munication be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. Original Notice of Suit of Erik W. Peterson in the amount of $2 Special Session, March 12th, 1948 $10,000.00 for injuries sustained in a fall on icy sidewalk in front of the property known as 998 White Street, presented and read. . Councilman Thompson moved that the Original Notice of Suit be referred to the City Solicitor. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Mrs. Mary Hier, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1947 tax on the North 24 feet of Lot 374 Davis Farm Addition, presented and read. Councilman Wharton moved that the -petition be referred to the City Solicitor for investigation and re. Port. Seconded by Councilman Mof. fat. Carried by -the following vote: Yeas—Mayor Murphy, Council. men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the publica- tion of Ordinance No. 4-48, an ordinance authorizing the issuance of $60,000 Sewer Bonds and pro- viding for levy of taxes to pay the same, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council. men Moffatt, Thompson, Van Duel - man, Wharton, Nays—None. Ordinance No. 7-48 An Ordinance vacating the alley between Lot 1 of 35 of Stewarts Sub. to the west, and Lot 2 of the Sub, of Lots 24, 25 and Lots 26 and 27 of Stewarts Sub to the east and extending from York Street north. erly to the south boundary of Lot 24 of Mineral Lot 149 in the City of Dubuque, said ordinance having j been passed upon first reading on March 1st, 1948 and ordered placed on file with the City Clerk for Public inspection for at least one week before its final ,adoption, was presented for final adoption. ORDINANCENO, 7.48 An Ordinance vacating the alley be- tween Lot I of 35 of Stewarts Sub. to the west, and Lot 2 of the Sub, of Lots 24, 25; and Lots 26 and 27 of Stewarts Sub. to the east and ex- tending from York Street northerly to the south boundary of Lot 24 of 1Ilneral Lot 149 in the City of Du- buque. Whereas, a petition has been filed requesting the vacation of the alley above described; and Whereas, said application was duly referred to the Planning and Zoning Commission of the City of Dubuque; and Whereas, said Planning and Zoning Commission examined into the ad- visability of vacating said alley and have filed a report recommending the vacation thereof; and , Whereas, said alley above referred to has never been open for travel and public use and there is no demand for the use thereof at this time, nor is there any indication that the same will be needed for a long time in the future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Sec. 1. That the alley between Lot 1 of 35 of Stewarts Sub to the west, and Lot 2 of the Sub of Lots 24, 20; and Lots 26 and 27 of Stewarts Sub to the east and extending from York St. northerly to the south boundary of Lot 21 ref .Mineral Lot 149, in the City of DUbugne be, Ind the same is hereby vacated. Sec. 2. That said alley hereby va- cated be, and the same is hereby granted to the owners of lots on each side thereof. See. 3 That the applicant cause a plat to be made of said vacated alley showing the respective portions of said alley vacated to the adjoining lots, which plat shall give a distinc- tive lot description to each portion Of lots vacated and the Mayor and Clerk shall convey by twit Claim -Deed the respective parts of said al- ley vacated to the adjoining property owners. Sec. 4. That the Clerk be, and he Is hereby directed to record this Ordi- nance in the office of the Recorder of Dubuque County, Iowa Sec. 5. This Ordinance shall be in force and effect ten days from and after its final passage and adoption by the City Council and publication as provided by law, and when the cost thereof has been paid for by the ap- Nicant. Passed upon first reading this tst day of March, 1948. Passed, adopted and approved .his 12th day of March, 1948. GEO. R. MURPHY !Mayor. PRANK VAN DURLMAN I". W. THOMPSON ALBERT WHARTON W. W. 11OFFATT Attest: Councilmen. J.J.SHEA, Published officially InClty The Clerk. Tele- graph -Herald newspaper this 16th day of March, 1948. 3-16-1t. J. J. SHEA. City Clerk. Councilman Moffatt moved the adoption of the ordinance. See. onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- Special Session, March r2th, 1948 83 men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Ordinance No. 8-48 An Ordinance for the vacation of a part of Fifth Street, all of the alley intersecting Block J and a portion of Tower Street, all in Booth's Addition to the City of Du- buque, Iowa, and providing for the conveyance thereof to Fischer In- vestment Company, said ordinance having been passed upon first read- ing on March 1st, 1948 and ordered placed on file with the City Clerk for public inspection for at least one week .before its final adoption, was presented for final adoption. ORDINANCE NO. 8-48 An Ordinance for the vacation of a part of Fifth Street, all of the alley Intersecting Block J and a portion of Tower Street, all in Booth's Addi- tion to the City of Dubuque, Iowa. and providing for the conveyance thereof to Fischer Investment Com- pany, Be It Ordained by the City Council of the City of Dubuque: Section One. That part of Fifth Street commencing at the east line of Bell Street, easterly to the west line of vacated Tower Street in Booth's Addition to the City of Du- buque, Iowa, be and the same is hereby vacated. Section Two. That all of the alley intersecting Block J in Booth's Addi- tion to the City of Dubuque, Iowa, be and the same is hereby vacated. Section Three. That that portion of Tower Street lying south of the south line extended of the alley sep- arating Block I of Booth's Addition and Block Thirty-two (32) of Dubuque Harbor Improvement Company's Ad- dition to the City of Dubuque, Iowa, and extending southerly to a point forty (40) feet south of thenorth line extended of Lot Five (5) in Block O in Booth's Addition to the City of Dubuque. Iowa, be and the same is hereby vacated. Section Four. That the said va- cated areas described in Sections One, Two and Three, above, be and the same are hereby granted and con- veyed to Fischer Investment Com- pany, its successors and assigns. Section Five. That Fischer Invest- ment Company cause a plat to be made of said vacated areas showing same, which plat shall give a distinc- tive lot description to said vacated areas and the Mayor and Clerk of the City of Dubuque, Iowa, are here- by authorized to execute quit claim deeds for said vacated areas to Fischer Investment Company on be- half of the City of Dubuque. Section Six. That the Clerk be and he is hereby directed to file in the Office of the Recorder of Dubuque County, Iowa, a certified copy of this Ordinance. Section Seven. That this Ordinance being deemed urgent and in the in- terest of public welfare shall be in force and effect immediately upon its final passage, adoption, and approval by the City Council and publication ',s provided by law at the cost of Vischer Investment Company. Passed upon first reading this 1st lay of March, 1948. Passed, adopted and approved upon 11nal reading this 12th day of :March, 1948. GEO. R. MURPHY FRANK VAN DUELMAN Mayor F. W. THOMPSON ALBERT WHARTON W. W. MOFFATT Attest: J. J. SHEA Councilmen City Clerk Published officially in The Tele- iiraph-Herald newspaper this 16th day !,)f March, 1948. J. J. SHEA, :t -1 6-1t City Clerk. Councilman Wharton moved the adoption of the ordinance. Sec. onded by Councilman Moffatt. Car. ried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 50-48 Whereas, the City of Dubuque, Iowa, is the owner of the premises described as: Lot Five (5) and the North Eighteen (18) feet of Lot Four (4) of Block O in Booth's Addi- tion to the City of Dubuque, in Dubuque County, Iowa and Whereas, said premises were heretofore owned by Fischer In- vestment Company, a corporation, and by said company conveyed to the City of Dubuque, Iowa for pur- poses of a right of way, and Whereas, said property is no longer needed for right of way purposes -and the said Fischer In- vestment Company is now the present owner of the premises abutting the premises above de- scribed, and is desirous of using and occupying said described premises, and Whereas, the said Fischer In- vestment Company has quit claimed to the City of Dubuque, Iowa its right, title and interest in and to the premises described as: That portion of the One Hun- dred Fifty (15G) foot levee in Dubuque Harbor Improvement Company's Addition lying be- tween the extension easterly to the Mississippi River of the northerly and southerly bound- ary line of Wall Street, in the City of Dubuque, Iowa. Now Therefore, Be and It Is Hereby Resolved that the Mayor 84 Special Session, March 12th, 1948 and City Clerk of the City of Du- buque, Iowa, be and they are here- by authorized to make, execute and deliver a quit claim deed to Fischer Investment Company, a corporation, with its principal place of business in Dubuque, Du- buque County, Iowa, the following described real estate, to -wit: Lot Five (b) and the North Eighteen (18) feet of Lot Four (4) of Block O in Booth's Ad- dition to the City of Dubuque, in Dubuque County, Iowa. Approved this 12th day of March, A.U., 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. February 28, 1948 To the Honorable, Mayor and City Council Dubuque, Iowa.. Gentlemen: As the outgrowth of the studies by the Planning and Zoning Com- mission in consultation with Mr. Hertzog to relieve traffic conges- tion in Dubuque, and following a meeting February 27, 1948 with the Dubuque County Board of Super- visors at which problems of mut- ual interest were discussed, it was unamiously resolved "That the Planning & Zoning Commission advise City Council that it favors and accordingly re- commends the location of a through highway west of the City of Du- buque connecting in a general line Key West at the south and Dur- ango to the north, and further re- commends that when the drawings for such a highway are prepared, the City Council join with the Du- buque County Board of Supervis- ors in approaching the State High- way Dept. and take any further action to make this highway a reality." Respectfully submitted, The Dubuque Planning and Zon- ing Commission By R. V. MCKAY, Secretary, Councilman Wharton moved that the communication of the Planning and Zoning Commission be referred to the Council for consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. March 12, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa. Gentlemen: With reference to the claim of John Roussel submitted to me some time ago for investigation I find that on or about Tuesday February 3, 1948, while walking south on the west side of Main Street on the crosswalk at the Second and Main Street intersection he slipped on ice and snow, fell and broke his arm near the elbow; that he has incurred medical expenses in the amount of $60.00. I recommend that his claim be allowed in the amount of $60.00 and that a warrant be issued pay- able to his order for said amount and delivered to him upon delivery to the City of a release properly executed. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Moffatt moved that the recommendation of City So- licitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $60.00 in favor of John Roussel, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Special Session, March 12th, 1948 85 Resolution, No. 51-48 Whereas, the Board of Dock Commissioners of the City of Du- buque recommended the granting of an easement to the Interstate Power Co. to construct, operate, maintain ,and remove lines for the transmission of electric energy etc., and; Whereas, the City Council viewed the grounds and investigated the matter, and; Whereas, after said investiga- tion the City Manager recom- mended that the decision of the Council to grant the easement be approved and proper proceedings be prepared, and; Whereas, certain transmission line easement has been prepared and attached to the document en- titled "Transmission Line Ease- ment to Interstate Power Co. from City of Dubuque," and; Whereas, said Council is of the opinion that the Mayor and City Clerk of the City of Dubuque shall be authorized to execute the ease- ment. Now, Therefore, Be It Resolved by the Council of the City of Dubuque: That the Mayor and City Clerk of the City of Dubuque be and they .are hereby authorized and empowered to issue •said transmis- sion line easement to the said In- terstate Power Co. on behalf of the City of Dubuque. Passed, adopted and approved this 12th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council• men Moffatt, Thompson, Van Duel - man, Wharton. Nays --None. Councilman Wharton moved thal the rules be suspended for the pur Pose of allowing any one presenl n the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffat, Thompson, Van Duel. man, Wharton. Nays—None, Mr. Roland White addressed the Council in regard to the proposed purchase of the property on Iowa Street between Ninth and Tenth Streets for parking lot purposes and stating that the purchase of this property would cause the dis- possessing of proprty owners and tenants and would create an ad- ditional housing shortage. Mr. White was advised by the members of the City Council that it is not their purpose to create an addi- tional housing shortage and when property is being considered for parking lots that this matter would be given Council consideration. Resolution No. 52-48 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Paul J. Clancy, 241 Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 12th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. 86 Special Session, March 12th, 1948 Resolution No. 53-48 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Nick F. Wathier and Marie A. Wathier, 678 Central Avenue. John Brunjes, 332 Eighth Avenue. Paul J. Clancy, 241 Main Street. Passed, adopted and approved this 12th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA. City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Murphy, Connell - men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 54--48 Whereas, heretofore applications for Class 'B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- Ply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council Of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Name CLASS "B" PERMIT Address Nick F. Wathier and Marie .A. Wathier, 678 Central Avenue. John Brunies, 332 Eighth Avenue. Paul J. Clancy, 241 Main Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 12th day of March, 1943. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. J. J. SHEA. .................................... Attest: ......�*'�74� SHEA, City Clerk. Special Session, March 19th, 1948 \\ 87 City Council (Official) Special Session, March 19th, 1948. Council met at 7:30 P. M. Present—Mayor Murphy, Coun- cilmen Moffatt, Thompson, Van Duelman, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Van Duel - man. Mayor Murphy read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of holding public hearings on various street improvements and acting on any other business as may proper- ly come before a regular meeting of the City Council. Proof of publication, certified to by the publisher, of notice of pub- lic hearing upon the proposed plans, specifications, form of con- tract and cost of improvement for to extend Platt Street to the East property line of Cardiff Street and to improve Platt Street from the East property dine of James Street to the East property line of Car- diff Street, presented and read. Estimated cost 6 -inch concrete slab —$16,275.47. Estimated cost 11/2 - inch sheet asphalt on 6 -inch con- crete slab—$19,930.93. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for to ex- tend Platt Street to the East prop- erty line of Cardiff Street and the improvement of Platt Street from the east property line of James Street to the East property line of Cardiff Street, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor . Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one pres. ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Carl V. Riley submit- ting written objections to the so- called extension and improvement of Platt Street, presented and read. Mr. Carl V. Riley addressed the Council in support of his petition objecting to the proposed extension and improvement of Platt Street. Councilman Wharton moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Mrs. Regina M. Dug- gan submitting written objections to the so-called extension and im- provement of Platt Street, pre- sented and read. Mrs. Regina M. Duggan addressed the Council in support of her petition objecting to the proposed extension and im- provement of Platt Street. Councilman Wharton moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Attorney Francis O'Connor, re- presenting St. Clara College, ad- dressed the Council and stating for Council record that St. Clara Col- lege has no obejections as to any particular width that Platt Street may be improved and in so far as the property to be acquired for street purposes that St. Joseph S8 Special Session, March 19th, 1948 Mercy Hospital is ready to convey to the City of Dubuque a portion of their property for the widening of Platt Street, if, and when it is definitely decided that said Platt Street will be improved. Proof of publication, certified to by the publisher, of notice of pub- lic hearing upon the proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Mt. Loretta Avenue from the East property line of Bryant Street to 181 feet East of the East property line of McLenan Street with reinforced concrete or sheet asphalt, presented and read. Estimated cost, sheet asphalt— $49,121.67; Estimated cost, rein- forced concrete—$47,727.77. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publisher, of notice of pend- ency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the im. proving of Mount Loretta Avenue from the East property line of Bryant Street to 181 feet East of the East property line of McLenan Street with reinforced concrete or sheet asphalt, presented and read. Councilman Wharton moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Mrs. Martha Burge et al. stating that they are opposed the street improvement of Mt. Lo- retta Avenue as proposed, but they are in favor of some other type of pavement which is not so expen- sive, presented and read. Councilman Wharton moved that the matter of the improvement of Mount Loretta Avenue be referred to the Council for further consid- eration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Councilman Thompson m o v e d that the City Engineer be in. structed to prepare a plat and sche- dule showing the cost of improving Mount Loretta Avenue with a low. er cost surfacing. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publishers, of notice of pub. lic hearing upon the proposed plans, specifications, from of con. tract and cost of improvement for the improvement of Forest Lane from the West curb line of Nevada Street to the East curb line of Delhi Street, presented and read. Estimated cost—$10,554.10. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the improving of Forest Lane from the West curb .line of Nevada Street to the East curb line of Delhi Street, presented and read. Councilman Wharton moved that the proof of publication be received and filed. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Vail Duel - man, Wharton. Nays—None. Petition of Joseph W. Straub fil- ing objections to the amount of the Proposed assessment to be levied against Lot 23 of S. M. Langwor- thy's Addition for the improvement of Forest Lane, presented and read. Councilman Thompson m o v e d that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- Special Session, March 19th, 1948 89 men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ment.) Resolution No. 55-48 1 Whereas, proposed plans and specifications and form of contract for the improvement of Forest Lane from the West curb line of Nevada Street to the East curb line of Delhi Etreet have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 19th day of March, 1948; and Whereas, the City Council met in Special session this 19th day of March, 1948, at 7:30 o'clock p, m., at the Council Chambers in the City Hall for the purpose of hear- I ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 19th day of March, 1948. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. (Necessity for Improvement.) Resolution No. 31--48 Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The 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 im- provement of Forest Lane from the West curb line of Nevada Street to the East curb line of Delhi Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessment, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are row on file with the City Clerk. That the cost and �• :pease 90 Special Session, March 19th, 1948 of making said improvement will be assessed upon and against all privately owned property lying within assessable distance pro- vided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assess• ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of February, 1948. Passed and adopted, as proposed, by the City Council this 19th day of March, 1948. GEO. R. MURPHY, FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council. men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. (Ordering Construction). Resolution No. 56-48 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 31-48 which was duly passed by this Council, for the improve- ment of Forest Lane from the West curb line of Nevada Street to the East curb .line of Delhi Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the Plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying with- in the assessable distance from the improvements, whether such prop- erty abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the City, or partly from each of such funds. Payment will be made to the Contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 60 calendar days after date of contract. 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 19th day of March, 1948. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton, Nays—None. Proof of publication, certified to by the publisher, of notice of pub- lic hearing upon the proposed Plans, specifications, form of con- tract and cost of improvement for Special Session, l I arch 19th, 1948 91 the widening of James Street 10 feet on the West side from South curb line of West Third Street to a point 450 feet south, presented and read. Estimated cost—$7,841.40. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the widening of James Street 10 feet on West side from South curb line of West Third Street to a point 450 feet south, presented and read. Councilman Van Duehnan moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Mr. James L. Kritz addressed the Council objecting to the proposed widening of James Street on ac- count of the fact that the cost of this improvement will be borne by the taxpayers out of the General Fund of the City of Dubuque and not paid for by the abutting prop- erty owners. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) Resolution No. 57-48 Whereas, proposed plans and specifications and form of contract for to widen James Street 10 feet on the West side from the South curb line of West Third Street to a point 450 feet south have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1946, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said Plans, specifications or contract for or cost of such improvements, said time being this 19th day of March, 1948; and Whereas, the City Council met in Special session this 19th day of March, 1948, 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 plan, specifications or con. tract for or cost of the Improve- ment herein described and Pro - Posed 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 Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, .specifica- tions, contract for or cost of said improvement herein described and Proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent re- cord in connection with said im. provement. Passed, adopted and approved this 19th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen _\hest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. NECESSITY For IMPROVEMENT Resolution No. 28-48 Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council 9' Special Session, )March 19th, 1948 — 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 streets to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the proposed improvement for the widening of James Street 10 feet on West side from South curb line of West Third Street to a point 450 feet south. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making -said improvement shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. The above resolution was intro- duced,approved and ordered placed on file with the City Clerk this 23rd day of February, 1948. Passed and adopted, as proposed, by the City Council this 19th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. (ORDERING CONSTRUCTION) Resolution No. 58---48 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No. 28-48 which was duly passed by this Council, for to widen James Street 10 feet on the West side from the South curb line of West Third Street to a point 450 feet south, be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in -accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for out of the Street Construction Fund of the City. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 30 calendar days after date of contract. 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 19th day of March, 1948. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publisher, of notice of pub- lic hearing upon the proposed plans, specifications, form of contract and Special Session, March 19th, 1948 93 cost of improvement for the im- posed plans, specifications or con- provement of Diamond Street from tract for or cost of the improve- the East curb line of Central Ave- ment herein described and pro- nue to the West curb line of Jack- posed to be made; and son Street with concrete curb and Whereas, all interested parties gutter, presented and read. Estim- have been given an opportunity to ated cost—$2,244.67. be heard and all objections which Councilman Wharton moved that have been filed have been duly the proof of publication be received weighed and considered; now, and filed. Seconded by Councilman therefore Moffatt. Carried by the following Be It Resolved by the City Coun- vote: cil of the City of Dubuque, that all Yeas—Mayor . Murphy, Council- objections which have been made men Moffatt, Thompson, Van Duel- and filed to the plans, specifica- man, Wharton. tions, contract for or cost of said Nays—None. improvement herein described and Proof of publication, certified to proposed to be made, be and the by the publishers, of notice of pend- same are hereby overruled and ency of resolution of necessity and such plans, specifications and form hearing upon proposed plans and of contract heretofore approved are specifications, form of contract and hereby adopted. cost of improvement for the im- Be It Further Resalved that this provement of Diamond Street from resolution containing the decision the East curb :line of Central Ave- of this Council upon all objections nue to the West curb line of Jack. which have been filed to the plans, son Street, presented and read. specifications and form of contract Councilman Thompson m o v e d for or cost of said improvement be that the proof of publication be re- made a matter of permanent record ceived and filed. Seconded by Coun- in connection with said improve- cilman Van Duelman. Carried by ment. the following vote: Passed, adopted and approved Yeas—Mayor Murphy, Council- this 19th day of March, 1948. men Moffatt, Thompson, Van Duel- GEO. R. MURPHY, man, Wharton. Mayor. Nays—None. FRANK VAN DUELMAN, (Decision of Council upon objec- F. W. THOMPSON, tions to plans, specifications, form ALBERT WHARTON, of contract and cost of improve- W. W. MOFFATT, ments.) Councilmen. Resolution No. 59-48 Attest: J. J. SHEA, Whereas, proposed plans and City Clerk. specifications and form of contract Councilman Moffatt moved the for the improvement of Diamond adoption of the resolution. Sec- Street from the East curb line of onded by Councilman Thompson. Central Avenue to the West curb Carried by the following vote: line of Jackson Stret have been ap. Yeas—Mayor Murphy, Council- proved by the City Council of the men Moffatt, Thompson, Van Duel- City of Dubuque and public notice man, Wharton. given as provided by Chapter 391 Nays—None. of the Code of Iowa, 1946, pertain- (Necessity for Improvement) ing to public contracts and bonds, Resolution No. 34-48 and the time and place fixed for the hearing of all objections to said Whereas, proposed plans, specifl- plans, specifications or contract for cations, form of contract, plat and or cost of such improvements, said schedule have been duly prepared time being this 19th day of March, and approved by the City Council 1948; and of the City of Dubuque and are now Whereas, the City Council met in on file in the office of the City Clerk showing among other things Special session this 19th day of March, 1948, at 7:30 o'clock P.M., the following: The boundaries of the district, at the Council Chambers in the 1. City Hall for the purpose of hear. if any. The to be improved. ing all interested parties and con- 2. streets 3. The width of such imorove- sidering any and all objections which have been filed to the pro- ment. 04 Special Session, \larch 19th, 1948 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 acount there- of which is estimated to be as- sessed against each lot, for the improvement of Diamond Street from the East curb line of Central Avenue to the West curb line of Jackson Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop. erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount Provided by law, property will be assessed whether the same abuts thereon or is -adjacent thereto ac. cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway Portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered Placed on file with the City Clerk this 23rd day of February, 1948. Passed and adopted, as proposed, by the City Council this 19th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. (ORDERING CONSTRUCTION) Resolution No. 60-48 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No. 34-48 which was duly passed by this Council, for the improvement of Diamond Street from the East curb line of Central Avenue to the West curb line of Jackson Street be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im. provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con. ferred, .and any deficiency will be Paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been com- pleted and accepted by the City Council. Be It Further Resolved that the Special Session, March 19th, 1948 95 City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 14 Calendar days after date of contract. 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 19th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publisher, of notice of pub- lic hearing upon the proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Gandolfo Street from the North curb line of St. Joseph Street to the South curb line of Lombard Street with con- crete curb and gutter, presented and read. Estimated • cost—$4,924.- 54. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publisher, of notice of Pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the improvement of Gandolfo Street from the North curb line of St. Joseph Street to the South curb line of Lombard Street, with con- crete curb and gutter, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Helen McElmeel et al, residents and taxpayers on Gan. dolfo Street, objecting to the im- provement of Gandolfo Street at estimated cost and asking the City Council and City Manager to defer and forego any action on the im- provement of Gandolfo Street, un- less the City of Dubuque agrees to pay from the General Fund, half the cost of the improvement and also the cost of any and all retain- ing walls with the cost of improv- ing of or resurfacing and putting in fit condition said street, pre- sented and read. Mr. James L. Kritz et at ad- dressed the Council in support of their petition and stating that the assessments proposed to be levied against their properties for the im- provement of Gandolfo Street are excessive and that if the cost of improving Gandolfo Streets is re- flected in the plat and schedule then they are opposed to said im- provement. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) Resolution No. 61-48 Whereas, proposed plans and specifications and form of contract for the improvement of Gandolfo Street from the North curb line of St. Joseph Street to the South curb line of Lombard Street with concrete curb and gutter have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such lm- 96 Special Session, March 19th, 1948 provements, said time being this 19th day of March, 1948; and Whereas, the City Council met in Special session this 19th day of March, 1948, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and Proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent re- cord in connection with said im- provement. Passed, adopted and approved this 19th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: , Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. NECESSITY For IMPROVEMENT Resolution No. 25-48 Whereas, proposed plans, specift- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, If any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be asses• sed togther 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 asses- sed against each lot, for the im- provement of Gandolfo Street from the North curb line of St. Joseph Street to the South curb line of Lombard Street with concrete curb and gutter. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objec- tions to the amount of the Pro- posed assessments, they shall be deemed to have waived all objec- tions thereto. Said improvement shalll be con- structed and done in accordance with the plans and specifications which have been prepared by the City Engineer which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expense of mak- ing said improvement will be as- sessed upon and against all priv- ately owned property lying within assessable distance provided by law and in an amount not to ex- ceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of Special Session, March 19th, 1948 the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in antici. pation of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of February, 1948. Passed and adopted as proposed, by the City Council this 19th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Yeas—None. (ORDERING CONSTRUCTION) Resolution No. 62-48 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No. 25-48 which was duly passed by this Council, for the improvement of Gandolfo Street from the North curb line of St. Joseph Street to the South curb line of Lombard Street be and the same .are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed In accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be 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 9i such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 30 Calendar days after date of contract. 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 19th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Mr. Homer Golden addressed the Council in regard to bus service on Park Hill District and also as to Council acceptance of the pro- posal of Mrs. Young to give enough of her property for the extension of a street to connect Park Hill District with Kane Street and Kaufmann Avenue. Councilman Wharton moved tnat the verbal request of Mr. Homer Golden be referred to the Council for further consideration. Soc- q8 Special Session, March 19th, 1948 onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Mr. Roland White, representing the Amvets, and Mr. Langfeld ad- dressed the Council in regard to the holding of an Air Circus at the Municipal Airport field. Council advised Mr. White and Mr. Lang- feld that they did not favor the holding of an Air Circus at the New Municipal Airport field. Notice of Claim of Charles Light- foot, By Robert H. Kintzinger, his Attorney, in the amount of $700.00 for injuries sustained in a fall at the Southwesterly corner of the in- tersection of Second and Main Streets, the said intersection run- ning north and south, presented and read. Councilman Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Communication of Harold L. Duf- fin stating that after due considera- tion he now wishes to withdraw his name from the petition object- ing to the proposed improvement of Mount Loretta Avenue, pre- sented and read. Councilman Thompson moved that the communication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Fane F. Vawter & Company, stating that their blast- ing operations in regard to the construction of the substructure for the new Northwestern Bell Telephone Company Building have completed, and asking that they be released from their obligation and that their surety bond be re- turned, presented and read. Councilman Thompson moved that the blasting permit previously granted to Fane F. Vawter & Com. pany be terminated as of ;March 11th, 1948 and that the Blasting Bond be held in force and effect. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Continental Casualty Company Chicago, Illinois. March 17, 1948. City of Dubuque Dubuque, Iowa Dear Sir: We are enclosing Certificate of Compliance showing that the Con- tinental Casulty Company has qualified for the transaction of Fidelity and Surety business in the State of Iowa for the year end- ing March 31, 1949. Will you kindly file same of record? Very truly yours, A. Mitchell, Superintendent Agency Service Division. Councilman Thompson moved that the communication be re- ceived and made a matter of rec- ord and the Certificate of Com- pliance be placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man Wharton. Nays—None. Dubuque, Iowa, March 12, 1948. City Manager City of Dubuque City Hall Dubuque, Iowa Re: St. Mary's Orphange—Sewage System. Contractor—M. L. Gaber Con- struction Co. Gentlemen: We enclose herewith bond in the amount of $10,000 for the cap- tioned job. We ask that you kindly Place this in your files. Yours truly, Schwietering & Wallis J. Allen Wallis, Jr. Councilman Wharton moved that the communication be received and made .a matter of record and that the Bond be approved and Placed on file. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- >. Special Session, March 19th,. 1948 men Moffatt, Thompson, Van Duel - men, Wharton. Nays—None. Petition of Arnold Steger re- questing extension of the sanitary sewer on Saunders Street for a distance of about 150 feet, presented and read. Councilman Van Duel - man moved that the petition be re- ferred to the Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt. Thompson, Van Duel - man, Wharton. Nays—None. Petition of John Henkel request- ing a refund in the -amount of $25.00 on the unexpired portion of his Cigarette Permit No. 91, as he has discontinued business on March 12, 1948, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of John Henkel to cover the amount of refund granted on the unexpired portion of his Ciga- rette Permit No. 91. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Joseph L. Wingert requesting a refund in the amount of $100.00 on the unexpired portion of his Class "B" Beer Permit No. 106, as he has discontinued busi- ness on March 12, 1948, presented and read. Councilman Moffatt moved that the request be granted and the 99 City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Joseph L. Wingert to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 106. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Joseph Wingert re- questing a refund in the amount of $25.00 on the unexpired portion of his Cigarette Permit No. 214, as he has discontinued business on March 12, 1948, presented -and read. Councilman Wharton moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $25.00 in favor of Joseph L. Wingert to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 214. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - men, Wharton. Nays—None. Ordinance No. 9-48 An Ordinance making appropri- ations for the expenditures of city government of the City of Du- buque, Iowa, for the fiscal year beginning April 1, 1948 and ending March 31, 1949, said ordinance having been passed upon first read- ing on March 12, 1948 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 9-48 �n Ordinance making appropriations for the expen- ditures of city government of the City o1Dubuqu and ,endinIowag -or the fiscal year beginning April 1, 19D48, March 31, 1949. Be It Ordained by the City Council of the City of Dubuque, Iowa'appropriated from Section 1. That there is hereby appro P the revenue and funds of the City of Dubuque, Iowa, for governmenttinf theenecessarfollowing amountsisof the y and for the pur pose set forth in the ordinance, to -wit: RECEIPTS Unencum- From Other bered From FUND Taxes Receipts Balances Transfers Total Consol- dated ........$379,682 $114,000 $25,000 $69,318.80 $588,000. Fire Maintenance 166,877 1,000 5,000 18,531.20 191,40 . Fire Equip- 60,000 63,906 Tent ......... 13,906 48,960 Library ........ 46,460 2,500 40,384 Park ............. 37,084 800 2,500 100 Special Session, March 19th, 1948 Playground and Swim- ming Pool 18,542 3,825 2,000 24,367 Fire Pension 27,924 600 28,524 Fire Retire- ment ......,. 15,019 Police Pen- sions .......... 19,543 450 Police Re- tirement .. 11,051 Employees Retirement 6,008 6,008 Emergency.. 27,850 27,850 Dock ............ 18,542 8,740 3,000 30,282 General Bonds ...... 52,362 1,000 53,362 Airport ........ 37,084 5,000 90,000 132,084 City Assess- ment .......... 10,272 10,272 Street Con- struction .. 75,000 105,000 180,000 Parking Lot 17,800 20,500 38,300 Parking Me- ter ............. 30,000 10,000 40,000 Liquor Sales 60,000 60,000 Water Works ..... 189,365 140,000 329,365 $888,206 $491,280 $451,300 $108,350 $1,939,136 EXPENDITURES GROUP I -GENERAL ADMINISTRATION 101 -City Council ... ..... ...... ........_ ...........................$ 1,700.00 102 -Office of City Manager .................................... 15,294.60 103 -Office of City Clerk ........................................... 4,026.60 104 -Office of City Auditor ..................................... 3,051.70 105 -Office of City Treasurer ................................. 3,052.20 106 -Office of City Solicitor ................................... 5,907.00 108 -City Assessing .................................................... 10,272.00 109 -Office of Ctgli Engineer ................................ 16,960.00 113-Electlons.................................................................. 950.00 114 -City Hall............................................................ 10,800.00 115 -Police Court ........................................................ 2,272.20 116 -Civil Service Commission ............................... 200.00 Total General Administration ............................$ 74,486.30 These appropriations shall be paid from the Consolidated Fund -$64,214,30; From Assess- ment Fund -$10,272.00 ..GROUP II -PROTECTION OF LIFE AND PROPERTY.. 118 -Police Department .........................................!n $135,824.20 This appropriation shall be paid $66,505.40 from the Consolidated Fund, $9,318.80 from Emergency Fund transfer and $60,000 from Liquor Sales Fund. 119A -Fire Department Maintenance ...................... 191,408.20 This appropriation shall be paid $172,877.00 from the Fire Maintenance Fund, and fer. $18,531.20 from Emergency Fund Trans - 119B -Fire Equipment Fund .................... 63,906.00 This appropriation shall be paid from the Fire Equipment Fund. 120 -Fire and Police Alarm System ...................... 5,624.80 121 -Office of Building Commissioner ................ 3,875.00 122 -Office of Plumbing Inspector ....................... 3,596.40 123 -Office of Electrical Inspector ........................ 3,641.40 124 -Dog Pound ... 150.00 .............................. Total Protection of Life and Property .....,......$408,026.00 These appropriations shall be paid from the Consolidated Fund. GROUP III -HEALTH AND SANITATION 125. -Health Department $..22,693.00 126.. -Control of Contagious Diseases 1,200.00 127.. -Sewer Maintenance ....21,500.00 128 -Garbage Disposal 18,000.00 129 -Milk Inspection 6,252.80 Total Health and Sanitation ..............................$ 69,645.80 These appropriations shall be paid from the Consolidated Fund. GROUP IV -HIGHWAYS AND STREETS 131 -Highway Administration ...............................$ 3,576.40 132 -Street Repairing and Grading ...................... 56,500.00 These appropriations shall be paid from the Consolidated Fund. 135 -Street Construction ......................... ...... 180,000.00 This appropriation shall be paid from Street Construction Fund. 133 -City Garage.......................................................... 15,350.00 134-Streetd Can Co andTraffic Signal Lighting 40,500.00 138 ............ 140 -Street Cleaning g g g g .... ............................. .... 22,500.00 Special Session, March 19th, 1948 IOI 141 —Snow Removal .................................................... 14,000.00 Total Highways and Streets ............................$353,326.40 These appropriations shall be paid from the Consolidated Fund. GROUP V—LIBRARY 143 —Library Operation ............................................$ 48,960.00 This appropriation shall be paid from the Library Fund. GROUP VI—PARKS 144A—Park Administration ........................................$ 3.988.60 144B—Park Areas. Buildings, Etc . ......................... 36,395.40 Total Parks ............................................................$ 40,384.00 These appropriations shall be paid from the Park Fund. GROUP VII—RECREATION 145A—Recreation Administration ..........................$ 5,029.20 14513—Outdoor Recreation ....................................... 6,750.00 145D—Indoor Recreation .......................................... 2,225.00 145E—Swimming Pool .................................................... 3,979.00 146 —Improvement and Care of Grounds ............ 6,383.80 Total Recreation ................................................$ 24,367.00 These appropriations shall be paid from the Playground and Swimming Pool Fund. GROUP Vill—MISCELLANEOUS 147 —Planning and Zoning ........................................$ 2,978.00 148E—Ambulance..................................................... 6.478.20 148C—Other Miscellaneous ....................................... 14,305.00 Total Miscellaneous ...........................................$ 23,761.20 These appropriations shall be paid from the Consolidated Fund. GROUP IX—MARKETS AND SCALES 152 —Office of Market Master ................................$ 2,363.00 This appropriation shall be paid from the Consolidated Fund. GROUP X—MUNICIPAL IMPROVEMENTS 160J —Capital Improvements ....................................$ 32,000.00 161 —Bridge Construction ................. I...................... 27,813.00 162J1—City's Share of Special Assessments ........ 12,000.00 162J2—Storm Sewers and Inlets ................................ 30,000.00 Total Municipal Improvements .........................$101,813.00 These appropriations shall be paid from the Consolidated Fund. EMERGENCY AND RESERVE Reserve In Consolidated Fund ..................$ 165.30 GROUP XI—PENSIONS $ 19,993.00 154J1—Police Pensions ..................................... This appropriation shall be paid from the Police Pension Fund. 11.051.00 154J2—Police Retirement System This appropriation shall be paid from the Police Retirement Fund. 28,524.00 155J1—Fire Pensions .................................................... This appropriation shall be paid from the Fire Pension Fund. 15,019.00 155J2—Fire Retirement System .............................. This appropriation shall be paid from the Fire Retirement Fund. 6,008.00 156 —Employees Retirement Fund ................ This appropriation shall be paid from the Employees Retirement Fund. Total Pensions........................................................$ 80,595.00 GROUP XII—DEBT SERVICE 161J1—Retirement of Bonds and Payment of Interest ............................................$ 53.362.00 This appropriation shall be paid from the General Bond Fund. 19,428.00 163J2—Airport Bonds and Interest ..................... This appropriation shall be paid from the Airport Fund. Total Debt Service72,790.00 ........................ . GROUP XIII—DOCKS$ 3,192.00 153A—Dock Operation ...................••... 24,790.00 15313—Dredge Operation .... .... .... .......... - .. 153C—River Front Improvement .. ........... _..... I 2,300.00 Total Docks ns .....................I....... .... $ 30,282.00 These appropriations shall be paid from the Dock Fund. GROUP XIV—AIRPORT $112,656.00 157 —Airport............................................................. This appropriation shall be paid from the Airport Fund. 102 Special Session, Afarch Igth, 1948 onoup XV—PARKING METERSxwo PARKING LOTS ............................... mm,50m This appropriation shall be paid from Parking Meter Fund. This appropriation shall e paid $17,800.00 from Parking Lot Fund and $20,500.00 from Parking Meter Fund Transfer. T"m/ Parking Meters and Lots ........................ $ 57,800.00 GROUP XVI—WATER vvonmu ..... ................. .... ..... ..... __—_300,867.30R=" ,° ------. _-00_ moA_A« ................................................... $xr.oru.m Total Water Works ................................................ $329,365.00 This department Is operated from its receipts and Is not supported by the tax levy, hence no appropria- tions from taxes Is made. These appropriations shall be paid from the Water Works Fund. Section 2. General Miscellaneous Revenues. General miscellaneous revenues which are collected during the fiscal year shall be allocated to the funds and purposes as provided for herein and shall be used for the payment of the expenses of such funds and purposes In the sums herein shown. Section 3. Surplus. Any surplus not specifically allocated for a definite purpose in the budget and which may exist in either the Consolidated Fund or the mis- cellaneous revenues account shall be and the same is hereby appropriated and set apart to be applied as contingencies &rise or may be used for such proper pur- Poses as the Council may determine upon. Any surplus not specifically distributed In the budget and remaining In funds created by the levy of special taxes shall be and the same Is hereby appropriated for any proper purpose Incident to such funds. Any surplus remaining In any fund at the close of the fiscal year 1947-48 (except taxes which have been levied for special purposes) shall be transferred into and become a part of the Consoli- dated Fund. Nothing herein contained shall authorize the transfer of funds realized for special taxes to a fund or Purpose for which any special tax levy has been made, except only with the approval of the State Section 4. Emergency Fund. Transfers of money may be made from the Emergency Fund to any other fund for the purpose of meeting deficiencies in any such fund arising from any cause; provided, however, that no such transfer shall be made except upon writ- ten approval of the State Comptroller and then only when such approval Is unanimously requested by the City Council. Section 5. Delinquent Tax Collections. Delinquent prior years' tax collections shall be allocated to the respective funds entitled to the same when and as the same are received by the City Treasurer. Section 6. Distribution. That the distribution and division of the within appropriations shall be made in accordance with the detailed distribution adopted by the City Council on March 12, 1948, which detailed dis- tribution is made a part of this ordinance by reference thereto and shall be so considered In connection with the expenditures of said appropriations. Section 7. Emergency Clause. This ordinance in the Interest of the preservation of public peace, health, safety and the general welfare of the City of Dubuque and the Inhabitants thereof being deemed urgent and of immediate necessity shall be In force and effect from and after Its final passagej adoption and approval by the City Council and Publics, ion as provided by law, and the appropriations herein provided shall be available when transferred to their respective funds, Passed upon first reading this 12th day of March, 1948. Passed, adopted and approved upon final reading this 10th day of March, 1948. ................................................. FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, aoom: j. J. eoEA,City Clerk Councilmen. nun�'��. zmx Published� The Herald news - Paper o March, . 3-24-1t Special Session, March 19th, 1948 103 Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Thompson. Carried by the following vote: Y e as — Councilmen Moffatt, Thompson, Van Duelman, Wharton. Nays—Mayor Murphy. March 13, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: In re: Petition of Mrs. Mary Hier for suspension of taxes on: N. 24' of 374 Davis Farm Addition. From my investigation, I recom- mend the petition be approved and that notification of the approval by the City Council be given to the Board of Supervisors of Dubuque County, Iowa. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Moffatt moved that the recommendation of City Soli- citor Kintzinger be approved and the Board of Supervisors to be notified of the action taken by the City Council. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. March 15, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Fred J. Sear for $1,000.00 for Injuries received because of a fall on an alleged icy sidewalk on or about December 31, 1947. I have investigated this matter and have been to the scene of the accident and from my investigation I am of the opinion that there is no liability. I recommend that the claim be denied. Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved Seconded by Councilman Wharton Carried by the following vote: Yeas—Mayor Murphy, Council men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. March 15, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen : With reference to the claim of Anton Schmitz for damages, from my investigation it appears that on or about November 28, 1947, Anton Schmitz while going home from work fell on a sidewalk in front of 711 East 22nd St.; that said sidewalk was raised at dif- ferent places because of roots of trees, that on the low spots in the walk there was slick, smooth ice which was covered with a recent snowfall. That in his fall he sus- tained a fracture of his right arm which required medical care and attention and hospitalization. That the total amount of his bills in- cluding his doctors' bills amounted to $162.09. That he claims a total loss of wages in the amount of $638.61. The sidewalk at the place where he fell and in the immediate vicin- ity is in bad condition. After con- ference with him he has agreed to accept $350.00 in full payment. I recommend that his claim be al- lowed in the amount of $350.00. That a warrant be issued payable to his order for that amount and delivered to him upon delivery to the City of a release properly executed by him. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $350.00 in favor of Anton Schmitz, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. 104 Special Session, March 19th, 1948 March 11, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of John C. Duffey for damages in the amount of $10.74 caused to his automobile on or about February 16, 1948, when he ran into a trench or hole in the street on Kaufmann Avenue, I am of the opinion that the street was in a dangerous con- dition because of the way the trench covering the new sewer was replaced by the Contractor. I recommend that his claim be allowed in the sum of $10.74 and that a warrant be issued payable to John C. Duffey for said amount and delivered to him upon delivery to the City of a release properly executed. It appears that the trench or hole complained of was caused by the Contractor building the sewer on Kaufmann Avenue. This job has not been completed and I recom- mend that the amount of this claim as paid by the City be withheld from the balance due said Con- tractor. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Wharton moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $10.74 in favor of John C. Duffey, as set- tlement in full of his claim, and that the amount of this claim be withheld from the balance due the contractor for the construction of the Kaufmann Avenue Trunk Sewer. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. March 15, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of February, 1948, also list of claims and list of payrolls for which warrants were issued for the month of Feb- ruary, 1948. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel. man, Wharton. Nays—None. Resolution No. 63--48 Wheeras, 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT. Name Address Clarence J. Pfeiffer, 1555 Central Avenue. CLASS "C" PERMIT. George E. Duscher, 2831 Central Avenue. Thomas E. Nacos, 1598 Jackson Street. Passed, adopted and approved this 19th day of March, 1948. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 64-48 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 Special Session, March 19th, 1948 105 been inspected and found to com- ply with the ordinances of this City o and they have filed a proper bond; f Now, Therefore, t Be It Resolved by the Council of s the City of Dubuque that the Man- ager be and he is hereby directed i to issue to the following named ap plicants a Beer Permit: CLASS "B" PERMIT. Name Address Clarence J. Pfeiffer, 1555 Central Avenue. Levi J. Roach, 332 Main Street. CLASS "C" PERMIT. George E. Duscher, 2831 Central Avenue. Thomas E. Nacos, 1598 Jackson Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved Passed, adopted and approved this 19th day of March, 1948. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 65-48 Whereas, petitions in legal form have been filed with the City Clerk of the City of Dubuque nominating candidates for the offices of Coun- cilmen and Park Commissioner, to be elected at the General Munici- pal Election which will be held on March 29, 1948, and said petitions have been canvassed by the City Council and found to contain the number of signatures provided by law to entitle such persons for whom such petitions have been filed to be a candidate for the of - flee of Councilman and Park Com- missioner and have their names printed on the official ballot to be voted on at said election: Now, therefore: Be It Resolved by the City Coun- cil of the City of Dubuque that the City Clerk be and he is hereby di- rected to place the names of the ollowing named persons upon the fiicial ballots for the election re - erred to and for the respective arms and ballots to be filled at aid election, to -wit: For Councilmen—Term commenti- ng the first Monday of April, 1949: Homer W. Golden, Romolo N. Russo, John A. Sherman, Lester J Streinz, Clarence J. Weiner and Clarence P. Welu. For Park Commissioner—Regular term: Leo J. Clemens. Passed, adopted and approved this 19th day of March, 1948. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. There being no further business, Councilman Thompson moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. J. J. SHEA, Approved G� Councilmen: City Cl:� a".a ga. 1945 1 1 ,. n i lo6 Special Session, March 3oth, 1948 City Council (Official) Special Session, March 30tb, 1948. Council met at 7:30 P. M. Present—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton land City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Thomp. son. Mayor Murphy read the call and stated that service thereof had been duly made and that this meet. Ing is called for the purpose of can. vassing the votes cast at the Gen. eral Municipal Election held on March 29, 1948, and acting on any other business as may properly come before a regular meeting of the City Council. The vote of the General Munici. pal Election held March 29, 1948, was then canvassed and showed the following results: First ............................ 47 Y � M � 255 24 F 362 689 Term commencing the first 47 268 198 Monday in April, 1949 w $ F o 3 y c. °m A N p p 69 313 Cd p a> 14 382 U ti 0.; Fourth ........................ 57 204 163 146 29 O U U U 433 N 67 290 219 a x a y Cd a Cd 311 First ............................ 47 390 210 255 24 399 362 689 Second ........................ 47 268 198 296 18 263 297 578 Third .......................... 69 313 222 187 14 382 311 329 Fourth ........................ 57 204 163 146 29 226 222 433 Fifth ............................ 67 290 219 236 26 235 311 617 Sixth ........................... 57 353 277 306 26 375 370 728 Seventh ...................... 42 157 175 144 42 202 189 400 Eighth ........................ 42 243 171 179 18 242 238 476 Ninth .......................... 45 183 155 136 41 267 194 431 Tenth .......................... 44 256 280 282 40 291 350 626 Eleventh .................... 62 219 152 126 42 348 229 495 Twelfth .................... 118 240 205 164 32 357 247 606 Thirteenth ................ 133 194 202 149 103 358 274 604 Fourteenth ................ 57 364 257 231 51 467 352 743 Fifteenth .................. 53 228 234 234 37 291 246 554 Total ................. 940 3902 3120 3071 543, 4703 3840 8609 Resolution No. 66-48 Whereas, the Council of the City of Dubuque has met on this day for the purpose of canvassing the votes cast at the general mu- nicipal election held on the 29th day of March, 1948; and Whereas, said Council has can- vassed said votes, and the result determined therefrom has been found to be that the following named persons have received the greatest number of votes cast for the offices of Councilmen and Park Commissioner, to -wit: For Councilmen for the term commencing the first Monday of April, 1949—Romolo N. Russo and Clarance P. Welu. For Park Commissioner for the Regular Term—Leo J. Clemens. Now, Therefore, Be It Resolved Special Session, March 3oth, 1948 107 by the City Council of the City of the Notice of Claim be referred to Dubuque that said Romolo N. the City Solicitor for investigation Russo and Clarence P. Welu be and report. Seconded by Council - and they are hereby declared man Moffatt. Carried by the follow - elected to the office of Councilmen ing vote: of the City of Dubuque for the Yeas—Mayor Murphy, Council - term commencing on the first Mon- men Moffatt, Thompson, Van Duel. day of April, 1949; and man, Wharton. Be It Further Resolved that Leo Nays—None. J. Clemens be and he is hereby Notice of Claim of James J. Mc - declared to be elected to the office Allister in the amount of $16.94 of Park Commissioner for the for damages to his car caused in Regular Term commencing the striking a hole in the street at the first of April, 1948. Northeast corner of West 17th and Passed, adopted and approved Locust Streets, presented and read. this 30th day of March, 1948. Councilman Van Duelman moved GEO. R. MURPHY, that the Notice of Claim be referred Mayor to the City Solicitor for investiga- FRANK VAN DUELMAN, tion and report. Seconded by Coun- F, W. THOMPSON, cilman Wharton. Carried by the ALBERT WHARTON, following vote: W. W. MOFFATT Yeas—Mayor Murphy, Council - Councilmen. men Moffatt, Thompson, Van Duel - Attest: J. J. SHEA man, Wharton. City Clerk. Nays—None. Councilman Van Duelman moved Notice of Claim of Eugene P. the adoption of the resolution. Sec- Schroeder in the amount of $49.80 onded by Councilman Thompson. for damages to his furnace result - Carried by the following vote: ing from an obstructed storm Yeas—Mayor Murphy, Council- sewer at 293 Roland Street, pre - men Moffatt, Thompson, Van Duel- sented and read. man, Wharton. Councilman Moffatt moved that Nays—None. the Notice of Claim be referred to Councilman Wharton moved that the City Solicitor for investigation the rules be suspended for the pur- and report. Seconded by Council - pose of allowing any one present man Thompson. Carried by the In the Council Chamber, who following vote: wishes to do so, to address the yeas—Mayor Murphy, Council - Council. Seconded by Councilman men Moffatt, Thompson, Van Duel - Moffatt. Carried by the following man, Wharton. vote:Nays—None. Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - Public Relations Officer, Marine man, Wharton. Corps League Welfare Foundation, Nays—None. requesting permission to exhibit Major Ted R. Ellsworth addres- and display their mobile units in sed the Council requesting that the the downtown business area, Pre - City of Dubuque, convey to the read. Councilman Whar- State of Iowa, real estate owned sented and ton moved that the City Manager the City of Dubuque on the corn be requested to secure additional ne Valley Street and Southern net information as to the standing of Avenue, said real estate be used u this organization and to submit a for site for an Armoryy for the report back to the City Couucil. Iowa National Guard, said Armory Seconded by Councilman Thomp- to be constructed within reasons- Carried by the following vote: ble length of time. son. Yeas—Mayor Murphy, Cottncil- Notice of Claim of Carl R. Streb- men Moffatt, Thompson, Van Duel - low in the amount of $26.00 for man, Wharton. damages to his car caused in strik- Nays—None. Ing a hole in the street in the Communication of Harold E. Jes- 2800 block on Washington Street, tel offering a few suggestions in presented and read. to the marking of streets Councilman Wharton moved that regard 108 Special Session, March 3oth, 1948 and meter stalls, presented and read. Councilman Wharton moved that the communication be referred to the City Manager and Street Superintendent. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Communication of Esther Frits- chel, Business Manager, Wartburg Theological Seminary, submitting attached petition of Lowell C. Green et al. asking that the Fre- mont -Mt. Carmel bus route be changed back to its previous route, presented and read. Councilman Wharton moved that the communication with attached petition be referred to the City Manager to confer with the offic- ials of the Interstate Power Com- pany and to submit a report back to the City Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of E. G. Riter request- ing the rezoning of the district in the vicinity of 1945 Asbury Street from a one -family district to a two- family district, presented and read. Councilman Moffatt moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Otto Spechtenhauser et al. requesting the extension of the present sanitary sewer on Kauf- mann Avenue from its present terminus, west for a distance of ap- proximately 500 feet, presented and read. Councilman Van Duelman moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Mrs. Tillie Weber re- questing a refund in the amount of $25.00 on the unexpired portion of her Cigarette Permit No. 82 and al- so a refund in the amount of $50.00 on the unexpired portion of her Class "B" Beer Permit No. 49 as she has discontinued business on March 27, 1948, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Mrs. Tillie Weber to cover the amount of refund granted on the unexpired portion of her Cig- arette Permit No. 82 and also to draw a warrant in the amount of $50.00 in favor of Mrs. Tillie Weber to cover the amount of refund granted on the unexpired portion of her Class "B" Beer Permit No. 49. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of R. J. and Evelyn J. Quinlan requesting a refund in the amount of $50.00 on the unexpired portion of their Class "B" Beer Permit as they have discontinued business on March 30, 1948, pre- sented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of R. J. and Evelyn J. Quin- lan to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 57. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Petition of R. J. .and Evelyn J. requesting a refund in the amount of $25.00 on the unexpired portion of their Cigarette Permit No. 153 as they have discontinued business on March 30, 1948, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of R. J. and Evelyn J. Quinlan to cover the amount of refund on the unexpired portion of their Cirgarette Permit No. 153. Special Session, March 3oth, 1948 log Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of Feb- ruary, 1948, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. March 24, 19.18 Honorable Mayor and Members of the City Council Dubuque, Iowa. Gentlemen' With reference to the Objections of Carl V. Riley and Mrs. Regina M. Duggan referred to me for in- vestigation and report, Objection No. 10 made by Mr. Riley is to the effect that the City Council is with- out jurisdiction in the matter for the reason it is proposed to not only pave Platt Street, but a pro- posed extension thereof which has not been dedicated to the City nor accepted as a Public Street. The facts are correct. The 1946 Code of Iowa, provides: "Sec. 391.2 STREET IM- PROVEMENTS: Cities shall have the power: 1. To improve any street by paving" At the present, the proposed ex tension of Platt Street is not street within the meaning of th Law, and therefor the Council i without authority, the Objectio good, and the present proceeding are void. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Wharton moved Gi the communication and report City Solicitor Kintzinger be r ceived and made a matter of ro ord. Seconded by Councilman Va Duelman. Carried by the followi vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man; Wharton. Nays—None. Resolution No. 67-48 Be It Resolved by the City Coun= cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and ciga- rette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Nick F. Wathier and Marie A. Wathier, 678 Central Avenue. Wartburg Co-operative Book Store, Wartburg Place. Ann Burke, St. Joseph's Mercy Hospital, James & Peabody Streets. John Brunjes, 332 Eighth Ave- nue. Andrew D. Karigan, 401 Central Avenue. Levi J. Roach, 332 Main Street. Mrs. Agnes Grady, 280 Main Street. Ralph W. Pankratz, 1091 White Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 30th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. See. onded by Councilman Thompson - Carried Carried by the following vote: e Yeas—Mayor Murphy, Council- s men Moffatt, Thompson, Van Duel. I man, Wharton. s Nays—None. Resolution No. 68--48 Whereas, .application for Class "B" Beer Permit has been sub - at mitted to this Council for approval of and the same has been examined: e- Now, Therefore, c_ Be It Resolved by the Council n of the City of Dubuque that the follong and `the license is applicationbe be b granted issued 1 i o Special Session, March 30th, 1948 upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Ralph W. Pankratz, 1091 White Street. Passed, adopted and approved this 30th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 69-48 Whereas, heretofore application for Class "B" Beer Permit was filed by the within named applicant and it has received the approval of this Council; and Whereas, the premises to b -e oc- cupied by such applicant have been inspected and found to comply with the ordinances of this City and he has filed a proper bond; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plicant a Beer Permit: CLASS "B" PERMIT. Ralph W. Pankratz, 1091 White Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 30th day of March, 1948. GEO. R. MURPHY, FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Attest: J. J. SHEACouncilmen. City Clerk. Councilman Thompson moved the adoption of the resolution. Sec - onded by Councilman Van Due]. man. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 70-48 Whereas, application has been made to the City Council of the City of Dubuque, Iowa, requesting that the City of Dubuque convey to the State of Iowa real estate owned by the City of Dubuque on the cor- ner of Valley Street and Southern Avenue, said real estate to be used for site for an Armory for the Iowa National Guard, which Ar- mory is to be constructed within a reasonable length of time. And Whereas, the City Council has investigated the matter and is of the opinion that such should be granted. Be It Resolved By City Council Of The City Of Dubuque: Section I: That the Mayor and Clerk of the City of Dubuque are hereby authorized to execute and deliver to the State of Iowa, a deed to the real estate owned by the City of Dubuque, Iowa, located on Valley St. and Southern Avenue, when said site has been approved by the proper State and National Authorities as a proper site for the erection of said Armory and other buildings to be used in connection therewith, and it being further understood that said Armory shall be erected within a reasonable length of time thereafter. This real estate is to be used for no other purpose, and in the event the Arm. ory is not constructed within a reasonable length of time the title to said real estate shall revert back to the city of Dubuque. The area of the property to be con- veyed shall consist of 340 feet on Southern Avenue and 400 feet on Valley Street. Passed, adopted and approved this 30th day of March, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Special Session, March 3oth, '1945 III Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. s Carried by the following vote: Yeas—Mayor Murphy, Council- I men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. STIPULATION Whereas, Fischer Investment Company has petitioned the Hon- orable Mayor and Members of the City Council of the City of Du- buque, Iowa, to vacate certain streets and alleys ,and cause +;o be executed to it deeds to certain properties, and Whereas, by Ordinance No. 8-48 " -48, the City of Dubuque, Iowa has vacated the following premises, to -wit: That part of Fifth Street com- mencing at the East line of Bell Street, easterly to the west line of vacated Tower Street, in Booth's Addition to the City of Dubuque, Iowa, and All of the alley intersecting Block J in Booth's Addition to the City of Dubuque, Iowa, and That portion of Tower Street lying south of the south line ex- tended of the alley separating Block I of Booth's Addition and Block Thirty -Two (32) of Du- buque Harbor Improvement Com- pany's Addition and extending southerly to a point forty (40) feet south of the north line ex- tended of Lot Five (5) in Block O in Booth's Addition, all in the City of Dubuque, Iowa, and Whereas, the City of Dubuque, Iowa has quit claimed the premi- ses above described to Fischer In- vestment Company, and Whereas, by Resolution approved the 12th day of March, A.D., 1948, The City of Dubuque, Iowa has agreed to quit claim to Fischer Investment Company a parcel of land described as: Lot Five (5) and the North Eighteen (18) feet of lot Four (4) of Block O in Booth's Addition to the City of Dubuque, in Dubuque County, Iowa, which parcel of land was quit claimed to Fischer Invest- ment Company by deed dated this 30th day of March, A.D., 1948. Now Therefore, in consideration of the vacation of the premises above described and the deeding of said premises to Fischer Invest- ment Company, a corporation, the aid Fischer Investment Company agrees with the City of Dubuque, owa, as follows: 1. to Maintain a private roadway for private use commencing at the alley between Third and Fourth Streets northward to Wall Street along the river front, said road- way to be twenty-four (24) feet in width and to be maintained by Fischer Investment Company for access by the Fire Department of the City of Dubuque, Iowa. 2. To maintain and keep accessi- ble at all times from Wall Street to the alley between Third and Fourth Streets, two (2) strips of ground from the private roadway referred to in Item 1, above, to the shore of the Mississippi River, which passages shall be at the most five hundred (500) feet apart and at least twenty-four (24) feet in width for access by the Fire Department of the City of Du- buque, Iowa. Signed this 30th day of March, A,D., 1948. FISCHER INVESTMENT COM- PANY, a corporation. By Louis H. Pfohl, President. Louis A. Fischer, Secretary. Councilman Van Duelman moved that the Stipulation be received and made a matter of record. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Murphy, Couneil- men Moffatt, Thompson, Van DueI- man, Wharton. Nays—None. Councilman Thompson moved that the City Solicitor be instructed to prepare a proper resolution dedi- cating a portion of City owned property for street purposes for the extension of Platt Street. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. Councilman Thompson moved that the Judges and Clerks who served at the General Municipal Election held on March 29th, 1948 be allowed the sum of $lo.00 each for services rendered as such Jud- ges and Clerks. Seconded by Coun- 112 Special Session, March 3oth, 1948 oilman MDffatt. Carried by Lhe fol- lowing vote: Council- Yeas—Mayor Murphy, men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Wharton. Carried by :he fol- lowing vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton. Nays—None. J. J. SHEA, City Clerk. ^^ q Approved �((48 Adopted °1f ......1948 Attest: J. J. SHEA Regular Session, April 5th, 1948 113 City Council (Official) Regular Session, April 5th, 1948. Council met at 7:30 P. M. Present—Mayor Murphy, Council- men Moffatt, Thompson, Van Duel - man, Wharton, City Manager Rhomberg. Mayor Murphy stated that this is the regular monthly meeting of the City Council, and also the first meeting of the fiscal year, for the transaction of such business as may properly come before the meeting. Councliman Thompson moved that Councilman Van Duelman be elected Mayor for the ensuing fis- cal year. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Murphy, Council- men Moffatt, Thompson, Wharton. Nays—None Councilman Van Duelman not voting. City Clerk J. J. Shea then swore in the new Mayor, where- upon Mayor Van Duelman took the Mayor's chair. Communication of John L. Duffy making application under the Sol- diers Preference Law, Chapter 70, Code of Iowa, for the position of City Solicitor of Dubuque, Iowa. presented and read. City Solicitor Kintzinger was re- quested by the City Council to advise Council as to whether or not there are any vacancies exist- ing in the appointive offices at this time. City Solicitor Kintzing- er submitted a verbal opinion to the City Council stating that there are no vacancies existing in the appointive offices at this time, that in off years, those years when no new Councilmen are sworn into office, appointments are not made. Councilman Wharton moved that the communication of John L. Duf- fy making application for the. post tion of City Solicitor, under th Soldiers Preference Law, Chapter 70, Code of Iowa, be received an filed. Seconded by Councilman Moffatt. Carried by the followin vote: Yeas—Mayor Van Duelman Councilmen Moffatt, Thompson Wharton. Nays—Councilman Murphy April 5, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As City Manager of the City of Dubuque, the under- signed begs to advise your Honor- able Body that all officers and employees whom he has the power to appoint, who are now serving and acting in their respective ca- pacities and assisting in the order- ly administration of the City and of the various departments thereof, said officers and employees being under my supervision, direction and control and their appointments continuing at the pleasure of the Manager, shall be paid salaries in accordance with the budget ap- proved by the City Council. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Murphy moved that the communication of City Manag- er Rhomberg be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote, Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 71-48 A resolution designating the of- ficial newspaper of the City of Dubuque. Be It Resolved by the City Council of the City of Dubuque that the Telegraph -Herald, a daily newspaper of general circulation in the City of Dubuque, be and it is hereby designated and ap- pointed the official newspaper of said City. Passed, adopted and approved this 5th day of April, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen e Attest: J. J. SHEA, City Clerk d Councilman Moffatt moved the adoption of the resolution. Sec-onded by Councilman Murphy. Car- ried by the following vote: , Yeas—Mayor Van Duelman, , Councilmen M o f f a t t, Murphy. Thompson, Wharton. Nays—None. 114 Regular Session, April 5th, 1948 RESOLUTION NO. 72-48 A resolution designating the de* positories for public funds of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque that the following banks be appointed de- positories of the public funds, and the City Treasurer is hereby au- thorized to distribute such funds in such banks in amounts not to ex- ceed the following: First National Bank, $275,000.00; American Trust and Savings Bank, $250,000.00; Du- buque Bank and Trust Company, $225,000.00. Be It Further Resolved that the City Treasurer be and he is hereby directed to file with the County Treasurer of Dubuque County, Iowa a list of such depositories and to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 5th day of April, 1948. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. _ Nays—None. Councilman Moffatt moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Mr. H. C. Arnold addressed the Council requesting permission to extend the sanitary sewer in order to serve the homes located at 1261 and 1265 Thomas Place. Council. man Murphy moved that the re- quest be referred to the City Man. ager for investigation and for to submit a report back to the City Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas --M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Mr. John McFarland addressed the Council requesting that a fire a. larm box be installed in the vicinity of 24th and Jackson Streets. Coun. cilman Thompson moved that the request be referred to the City Man. ager and Fire Chief for investiga. tion and for to submit a report back to the City Council. Seconded by Councilmen Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of claim of Ray Winders in an unstated amount for injuries received in a fall in the alley in the rear of his home located at 2309 Roosevelt Street, presented and read. Councilman Murphy moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—M a y o r Van Duelman, C o'u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of claim of Emma Wagner in the amount of $5,000.00 for in- juries sustained in a fall on the icy crosswalk while walking in a northerly direction across West Fifth Street, presented and read. Councilman Moffatt moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—NI a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of claim of Robert F. Neuwoehner in the amount of $33.18 for damage to a tire on his automobile caused in striking a hole in the street on the west side of Alpine Street at a point about 100 feet south of University Avenue, presented and read. Councilman Murphy moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. VW Yr Regular Session, April 5th, io48 115 Notice of claim of A. Vonah in an T unstated amount for loss of tire on his automobile caused in striking a hole in the street in front of 820 Alpine Street, presented and read. b Councilman Wharton moved that b the claim be referred to the City t Solicitor for investigation and re- t port. Seconded by Councilman h Moffatt. Carried by the following th vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of claim of Mrs. Alvin Thomas in the amount of $100.00 for injuries sustained in a fall on the ice on the north side of the Strand Theatre, presented and read. Councilman Thompson moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Brooks, O'Con- nor & Brook's, By M. W. Brooks, stating that they would appreciate very much receiving favorable con- sideration in the matter of auditing the books of the City of Dubuque for the fiscal years ending March 3, 1947 and March 31, 1948, presented and read. Councilman Murphy moved that the communication be referred to the Council for further consideration. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None• Petition of Glenn C. Ratham et al requesting immediate considera- tion to the straightening of Shires Street in the 2200 and 2300 blocks, and the bringing of the street to grade in such manner as will per- mit the property owners immediate- ly adjacent thereto, to complete the construction of drive -ways, lay- ing of sidewalks and the improve- ment of their property in general, presented and read. Councilman Thompson moved that the City En- gineer be instructed to prepare a plat and schedule showing the cost of constructing curbing and gutter- ing and street surfacing on Shiras Street in the 2200 and 2300 blocks. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, o u n c 11 m e n Moffatt, Murphy, hompson, Wharton. Nays—None. Mr. Thos. J. Ryder addressed he Council in regard to his, gar- age contract stating that since he awarding of his present con- ract that the amount of garbage o be collected at the present time as increased in volume due to e erection of homes in new ad- ditions and requested Council to grant him some relief both as to an increase in the amount of his P contract and as to the pres- ent system of the placing of gar- bage receptacles by residents and P owners. Petition of Mary F. Brandt, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1947 tax on Lot 162 East Dubuque Addition, pre- sented and read. Councilman Mur- phy moved that the petition be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays --None. Petition of Joseph A. Hein et al, residents and property owners on Balke Street between Strauss and Lawther Streets, requesting that the street be graded and covered with crushed rock, presented and read. Councilman Thompson moved that the City Engineer be instruct- ed to prepare a plat and schedule showing the cost of constructing curbing and guttering and street surfacing on Balke Street between Strauss and Lawther Street. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None, THE DUBUQUE REAL ESTATE BOARD Dubuque, Iowa March 23, 1948 Honorable Mayor and City Council of the City of Dubuque Dubuque Iowa Gentlemen: Enclosed please find proposed parking lot appraisals, as follows: 1 — White Street, West side of White Street, East 8th Street to East 9th Street to alley, approxi- mately 25.600 square feet, price per square foot approximately $ $47,900.00• u6 Regular Session, April 5th, 1948 2 — Central Avenue, Southwest corner of Ninth and Central Ave- nue, approximately 10,200 square feet, price per square foot approxi- mately $2.00 — $20,000.00. 3 — Iowa Street, East side of Iowa Street, West Ninth Street to West Tenth Street to alley, approximate- ly 25,600 square feet, price per square foot approximately $2.80 — $72,500.00. 4 — Bluff Street, Northwest cor- ner of Fifth and Bluff Street, ap- proximately 44,000 square feet, price per square foot approximately $1.35 — $60,000.00. 5 —West Eighth Avenue, from Telegraph -Herald property to Uni- versity and West 8th Avenue to Robinson St., approximately 31,000 square feet, price per square foot a - proximately $5.00 — $151,700.00. Robinson Avenue improvement project, not including property on Bluff Street, but including Diamond House property at University Ave. and West Eighth Avenue a n d Tschiggfrie 579 University Avenue dwelling and LeVan and Ploog property adjoining, approximately 36,000 square feet, price per square foot aproximately $1.30 — $46,650. Price per square foot of 20' strips on south side of Robinson Avenue approximately $0.75. Ninth and Bluff Street, Ninth and Bluff Street property in con- nection with Robinson Avenue Im. provement approximately 24,300 square feet, price per square foot approximately $2.00 — $47,500.00. Total $446,250.00. Respectfully, JOHN F. CARROLL Chairman CHRIS A. VOELKER EDWIN C. KUEHNLE EARL R. BUSH Attest: A. J. M I H M, Secretary -Treasurer. Councilman Wharton moved that the communication, together with parking lot appraisals, be referred to the City Council for considera- tion. Seconded by Councilman Mur. phy. Carried by the following vote: Yeas—M a y o r Van Duelman Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 5, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Since the new airport has been activated the necessity for rules and regulations governing its use and operation is obvious. Mr. C. p. Oleson, airport manager, has sub- mitted proposed rules and regula- tions. I recommend that an ordinance be adopted creating an Airport De- partment, providing for rule mak- ing, registration and penalty for violation. In addition two resolu- tions should be adopted - one pro- mulgating rules and regulations for the maintenance and operating of the airport and the other providing for air traffic rules. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved and the City Solicitor instructed to con- fer with the City Manager and Air- port Manager for the purpose of preparing the ordinance and reso- lutions as recommended. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays—None. April 5, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bond and de- sire to have your approval on same for filing: EXCAVATION A. C. McInerny Western Sure - representing O. ty Company of F. Kohl Co. Sioux Falls. S. D. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the bond be approved and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Regular Session, April 5tli, 1948 117 April 51 1948 To the Honorable Mayor and City Council. Dubuque, Iowa. Gentlemen: At the meeting of March 19, 1948 the petition of Arnold Steger re- questing the extension of the sani- tary sewer in Saunders Street a distance of about 150 feet was re- ferred to the Council to view the grounds. The Council having viewed the premises concluded that Mr. Steger be Permitted to extend the existing sewer to serve his premises by the passage of an appropriate resolu- tion. I recommend that the deci- sion of the Council be confirmed. Very truly yours, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c .i lm a n Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 73-48 Section 4. That after said sewer has been laid and completed, the street shall be put back in as good condition as it was before it was torn up for the purpose of receiving said sewer, at the cost of Arnold Steger and said Arnold Steger shall be held responsible for any and all damages which may arise out of the construction thereof, failure to properly guard the exca- vations and restore the street to the condition it was in before the con- struction began. Section 5. That after said sani.- tary sewer has been constructed, all persons living along and adja- cent to said sewer shall have the right to connect therewith, but such right shall only be granted up- on a proper application being made to the City Council and by paying to Arnold Steger, his successors or assigns, or depositing in the office of the City Clerk for Arnold Steger; the applicants proportion- ate part of the cost of constructing said sewer based on the lineal front- age of his property abutting on said street, but in no event shall the amount to be paid by appli- cant exceed the amount that may be levied under law for the con- struction of said sewer. Within 60 Whereas, Arnold Steger has filed days after the completion of said an Application with the City Coun- sewer applicant shall file with cil requesting permission for the the City Clerk a statement under extension of the sanitary sewer oath showing an itemized account from the last manhole on Saunders of the cost thereof. Street westerly approximately 150 feet to serve his premises known shaSection 6. That this Resolution rce and as 215 Saunders Street, under cer- effect bfrom and afterive and s tsopassage tain stipulated conditions. and adoption by the Council, and Now, Therefore, n acceptance thereof by aP Be It Resolved by the City Coun- written cil of the City of Dubuque: Section 1. That permission be, passed,. adopted and approved and the same is hereby granted this 5th day of April, 1948. to Arnold Steger for the extension of the sanitary sewer from the last manhole on Saunders Street west- erly approximately 150 feet to his premises known as 215 Saunders Street. Section 2. That the construction of said sewer, which includes the type of pipe and location thereof, shall be done only under the super. vision of the City Engineer. Section 3. That the total cost of the construction of said sewer shall be paid by Arnold Steger and no part thereof shall be borne by the City of Dubuque. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. ;vIOFFATT, Councilmen Attest: J. J. SHEA: City Clerk Councilman Wharton moved the adoption of the resolution. Second- 118 Regular Session, April 5th, 1948 ed by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 74-48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law ?-Plating to the sale of cigarettes within the City of Dubuque, be granted a per mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS Thomas E. Nacos, 1598 Jackson St. William White, 1995 Asbury Road. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 5th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec. onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 75-48 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: NOW, THEREFORE. BE IT RESOLVED by the Council of the City of Dubuque that the following applications be grant- ed and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Ione Conner, 1322 Central Avenue Joseph F. Walsh and Adele Walsh, 21 West 7th St. Ellas Mihalas and Ruby Mihalas. 574 East 16th Street. Passed, adopted and approved this 5th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second. ed by Councilman Thompson. Car. ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 76-48 WHEREAS, heretofore applica- tions for Class "B" Beer Permits were filed by the within named ap. plicants and they have received the approval of this Council; and WHEREAS, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Perr, 4. CLASS "B" PERMIT NAME ADDRESS Ione Conner 1322 Central Avenue Joseph F. Walsh 21 West 7th and Adele Walsh Street Ellas Mihalas 574 East 16th and Ruby Mihalas Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the a- doption of the resolution. Seconded Regular Session, April 5th, 19.8 119 by Councilman Murphy. Carried by the following , ote : Yeas—M a y o r Van Duelman. C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, C o u n c 11 m e n Moffatt, Murphy, Thompson, Wharton. Nays—lv one. J. J. SHEA City Clerk. Approvedd 1948. Adopted %Aa Councilmen: Attest: .........«. 4.14' •w�. V City Clerk. Special Session, April 12th, 1948 City council (Official.) Special Session, April 12th, 1948. Council met at 7:30 P.M. Present—Mayor Van Duelman, C o u c i l m e n Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Moffatt. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering proposals submitted for the improvements of Diamond Street, Gandolfo Street, Forest Lane and James Street and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Gandolfo Street from the North curb line of St. Joseph Street to the South curb line of Lombard Street, with con- crete curb and gutter, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, M u r p h y, Thompson, Wharton. Nays—None. Bids for the improvement of Gan- dolfo Street from the North curb line of St. Joseph Street to the South curb line of Lombard Street. with concrete curb and gutter. Bid of K—M Construction Company; Concrete driveways, 9 Sq. Yds. at $5.40 per sq. yd. — $48.60: Con- crete tile, 70 Lin. Ft. at $4.00 per Lin. Ft. — $280.00; Combination curb and gutter, 1483 Lin. Ft. at $3.00 per Lin. Ft.—$4,449.00; Ra- dius curb and gutter, 94 Lin. Ft. at $3.50 per Lin. Ft.—$329.00; Catch basin, 1 at $243.00; Total—$5,349.00. Bid of D. C. May Construction Co.: Concrete driveways, 9 Sq. Yds. at $6.00 per Sq. Yd. — $54.00; Con- crete tile, 70 Lin. Ft. at $8.00 per Lin. Ft. — $560.00; Combination curb and gutter, 1483 Lin. Ft at $2.83 per Lin. Ft—$4196.89; Radius curb and gutter, 94 Lin. Ft. at $3.15 per Lin. Ft.—$296.10; Catch basin, 1 at $2.50.00; Total — $5356.99. Bid of Thos. Flynn Coal Co.: Con• trete driveways, 9 Sq. Yds. at $4.50 per Sq. Yd. — $40.50; Concrete tile, 70 Lin. Ft. at $6.00 per Lin. Ft. — $420.00; Combination curb and gutter, 1483 Lin. Ft. at $3.00 per Lin. Ft. — $4,449.00; Radius curb and gutter, 94 Lin. 'Ft. at $3.50 per Lin. Ft. — $329.00; Catch basin 1 at $150.00; Total — $5,388.50. Councilman Moffatt moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy. Thompson, Wharton. Nays—None. Mr. James Kritz addressed the Council objecting to the awarding of the contract for the improve- ment of Gandolfo Street from the North curb line of St. Joseph Street to the South curb line of Lombard Street with concrete curb and gut• ter, as the bids received for this improvement are too high and that some of the property owners will be unable to pay their assessments. April 12, 194,9 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 o'clock A.M., April 12, 1948 for the improvement of Gandolfo Street, from St. Joseph Street to Lombard Street. Three bids were received as shown on the attached tabulation. I recommend that the contract for this work be awarded to the lowest bidder, the K—M Construc- tion Company. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car. ried by the following vote: Yeas—M ay o r Van Duelman, Councilmen Moffatt, Murphy, r Special Session, April isih, 1948 i 2i Thompson, Wharton. Nays—None. (Awarding Contract) RESOLUTION NO. 77-48 WHEREAS, proposals have been submitted by contractors for the improvement of Gandolfo Street from the North curb line of St. Joseph Street to the South curb line of Lombard Street with con. crete curb and gutter, pursuant to Resolution No. 62-48 and K—M Construction Company, contractor has submitted the lowest bid for the furnishing of all labor and ma. terials and performing the work as provided for in the plans and speci- fications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to K—M Construction Company, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Councilman Wharton moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Murphy. Car- ried by the following vote: Y e a s—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Bids for the improvement of Dia- mond Street from the East curb line of Central Avenue to the West curb line of Jackson Street, with concrete curb and gutter. Bid of K—M Construction Company: Earth excavation, 64 Cu. Yds. at $2.00 per Cu. Yd. — $128.00; Con- crete driveways, 9 Sq. Yds. at $5.40 per Sq. Yd. — $48.60; Combination curb and gutter, 737 Lin. Ft. at $3.00 per Lin. Ft.—$2,211.00; Radius curb, 63 Lin. Ft. at $3.50 per Lin. Ft. — $220.50; Total $2,608.10. Bid of Thos. Flynn Coal Co: Earth exca- vation, 64 Cu. Yds. at $1.50 per Cu. Yd. — $96.00; Concrete drive- ways, 9 Sq. Yds. at $4.50 per Sq. Yd. — $40.50; Combination curb and gutter, 737 Lin. Ft. at $3.00 per Lin. Ft. — $2,211.00; Radius curb, 63 Lin. Ft. at $3.50 per Lin. Ft. — $220.50; Total — $2,568.00. Bid of D. C. May Construction Co.: Earth excavation, 64 Cu. Yds. at $2.49 per Cu. Yd. — $159.36; Con- crete driveways, 9 Sq. Yds. at $6.00 per Cu. Yd. — $54.00; Combina- tion curb and gutter, 737 Lin. Ft. at $2.73 per Lin. Ft. — $2,012.01; Radius curb, 63 Lin. Ft. at $2.97 per Lin. Ft. — $187.11; Total — $2,412.48. Property owners on Diamond Street addressed the Council re- questing that a storm sewer be. constructed in this district as the construction of curb and gutter will not solve the storm water problem and that if a storm sewer is ordered constructed then they have no ob- jections to the construction of curb- ing and gutter on Diamond Street. Approved and placed on file for one week on April 12, 1948. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Diamond Street from the East curb line of Central Avenue to the West curb line of Jackson Street, with con- crete curb and gutter, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, M u r p h y, Thompson, Wharton. Nays—None. April 12, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 o'clock A. '.Ni. April 12, 1948 for the improvement of Diamond Street from Central Avenue to Jackson Street. Three bids were received as shown on the attached tabulation. I recommend that the contract fo this work be awarded to the lowest bidder, the D. C. May Construction Company. Respectfully submitted, A. A. RHOMBERG, City Manager. 122 Special Session, April 12th, 1948 Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. (Awarding Contract) RESOLUTION NO. 78 —48 WHEREAS, proposals have been submitted by contractors for the improvement of Diamond Street from the East curb line of Central Avenue to the West curb line of Jackson Street, pursuant to Reso. lution No. 60-48, and D. C. May Construction Company, contractor, has submitted the lowest bid for the furnishing of all labor and materi- als and performing the work as provided for in the plans and speci- fications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to D. C. May Construction Com- pany and the Manager he and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 12th, 1948. Councilman Moffatt moved that the resolution be approved and placed on file for one week. Sec. onded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Proof of publication, certified to by the publishers, of notice to con. tractors of the receipt of proposals for the improvement of Forest. Lane from the west curb line of Nevada Street to the east curb line: of Delhi Street, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Bids for the improving of Forest Lane from the west curb line of Nevada Street to the east curb line of Delhi Street. Bid of Thos. Flynn Coal Co.: Extra excavation, 71 Cu. Yds. at $1.00 per cu. Yd. — $71.00; Lip concrete curb, 60 Lin. Ft. at $3.50 per Lin. Ft.— $210.00; Remove and replace radius curb, 25 Lin. Ft. at $3.50 per Lin. Ft. — $87.50; Concrete 5"-7 1 -2` - thickness with wire mesh rein- forcement, 2466 Sq. Yds. at $4.25 per Sq. Yd. — $10,480.50; Furnish and install water valve box, 1 at $25.00 — $25.00. Total — $10,874.00. Bid of 1.. C. May Construction Co: Extra excavation, 71 Cu. Yds. at $3.00 per Cu. Yd.—$213.00; Lip con- crete curb, 60 Lin. Ft. at $0.59 per Lin. Ft. — $35.40; Remove and replace radius curb, 25 Lin. Ft. at $2.60 per Lin Ft. — $65.00; Con- crete 5"-7 1-2" thickness with wire mesh reinforcement, 2466 Sq. Yds. at $4.93 per Sq. Yd.— $12,157.38; Furnish and install wa- ter valve box, 1 at $29.00 — $29.00. Total —$12,499.78. Bid of K—M Construction Company: Extra ex- cavation, 71 Cu. Yds, at $2.00 per Cu. Yd.—$142.00; Lip concrete curb, 60 Lin. Ft. at $3.00 per Lin Ft. $180.00. Remove and replace radius curb. 25 Lin. Ft. at $4.00 per Lin. Ft.—$100.00; Concrete 5"-71" thickness with wire mesh rein- forcement, 2466 Sq. Yds. at $4.80 Per Sq, yd.—$11,836.00; Furnish and install water valve box, 1 at $25.00—$25.00. Total $12,283.80. April 12, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 o'clock A.M., April 12, 1943 for the improvement of Forest Lane from Nevada Street to Del- hi Street. Three bids were re- ceived as shown on the attached tabulation. I recommend that the contract for this work be awarded to th- Special Session, April 12th, I948 123 lowest bidder, the Thos. Flynn Coal Company. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor V an Du elm an, Councilmen Moffatt, Murphy, Thompson, Wharton. and read. Councilman Moffatt moved that the proof of publica- tion be received and filed. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. (Awarding Contract) RESOLUTION NO. 79--8 WHEREAS, proposals have been submitted by contractors for the improvement of Forest Lane from the West curb line of Nevada Street to the East curb line of Delhi Street pursuant to Resolution NO. 56-48, and Thos. Flynn Coal Com- pany, contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thos. Flynn Coal Company and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 12th, 1948. Councilman Thompson moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy. Thompson, Wharton. Nays—None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for to widen James Street 10 feet on the west side from the south curb line of West Third Street to a point 450 feet south, presented Nays—None. April 12, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions sealed bids were asked for the wid- ening of James Street from West Third Street 450 feet south, until 10:00 A.M. April 12, 1948. No bids were receivea for this work. The apparent reason for this was the inability of the contractors to bid on the limited amount of sheet asphalt pavement required. I recommend that new bids be solicited for a concrete base with a bituminous surface in lieu of the sheet asphalt. All the other con- ditions and items to be as first called for. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelmam Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of claim of Mrs. V. A. Bischoff in the amount of $183.00 for injuries sustained in a fall on the snow and ice covered street known as Hawthorne Street, pre- sented and read. Councilman Mof- fatt moved that the claim be re- ferred to the City Solicitor for in- vestigaton and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman. Councilman Moffatt, Murphy Thompson, Wharton. Nays—None. Original Notice of Suit of Martha McNamer, Plaintiff, in the amount of $2,500.00 for injuries sustained in a fall on an icy depression in the street on the northerly half of East 12th Street between Maple 124 Special Session, April 12th, 1948 and Pine Streets as a point oppo- site the middle of the loading plat- form of A. Y. McDonald Mfg. Co., presented and read. Councilman Thompson moved that the Original Notice of Suit be referred to the City Solicitor. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of The National Federation of the Blind, White Cane Week Committee, in regard to helping the blind to help them- selves by the buying and using WCW Stamps, during White Cane Week and asking that a proclama- tion be issued for the observance of White Cane Week, May 15 to 21 inclusive, 1948, presented and read. Councilman Wharton moved that the communication be referred to the Mayor to take whatever action he deems necessary. Seconded by Councilman Murphy. Carried by the following vote, Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Star-Spangled Banner Flag House Association, Inc. stating that it would be much appreciated if a Proclamatiou would be issued designating June 13th -19th, 1948, inclusive, as Na. tional Flag Week, presented and read. Councilman Murphy moved that the communication be referred to the Mayor. Seconded by Coun. cilman Thompson. Carried by the ollowing vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Robert C. Byrus, Executive Secretary, The Governor's Conference on Fire Pre- vention, asking that the City of Dubuque be represented at the Conference on Fire Prevention to be held at Des Moines, Iowa, on May 28-29, 1948, presented and read. Councilman Murphy moved that the communication be re. ferred to the City Council for con- sideration. Seconded by Council- man Wharton. Carried by the fol. lowing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of Fred W. Aschenbren- er et al requesting that the City Street Commissioner be authorized and instructed to construct a cul- vert and curbing on Dunleith Street and that said construction be assessed against the property owners according to law, presented and read. Councilman Wharton moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelman. Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Mr. Edward McDermott ad- dressed the Council and submitted a plat of the Subdivision of Lot 5 of Mineral Lot 72 and of the Sub- division of City Lot 732, and of the Subdivision of Lot 19 of City Lot 724 also the dedication of Lot 2 of Sub. of Lot 5 of Mineral Lot 72 by St. Joseph Mercy Hospital as a public street, also the dedication of Lot 2 of the Sub. of City Lot 732 by the City of Dubuque as a public street and also the dedica- tion of Lot 2 of the Sub. of Lot 19 of City Lot 724 by St. Clara Col- lege as a public street. Councilman Murphy moved that the plat and dedications be referred to the Planning and Zoning Commission, City Manager and City Solicitor for their recommendation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Murphy moved that the verbal request of residents and property owners on Florence Street, Mountain Lane, Villa and Valley Streets, asking that said streets be graded and made pass- able and that storm water drainage be constructed be referred to the Council to view the grounds. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy. Thompson, Wharton. Nays—None. ►' WPI Special � ,,ion. _April 1201, 1948 125 Council Proceedings for the month of November, 1947, present- ed for approval. Councilman Thompson moved that the Council Proceedings for .the month of No- vember 1947, be approved as printed. Seconded by Councilman Wharton. Carried by the follow- ing vote. Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 8, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: In re: Petition of Mary F. Brandt for suspension of taxes on: East Dubuque Lot 162. From my investigation, I recom- mend the petition be approved and that notification of the approval by the City Council be given to the Board of Supervisors of Dubuque County, Iowa. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays—None. April 8, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Carl R. Streblou for $25.00 done on or about March 21, 1948, at approxi- mately 1:30 A. M. in the block of 28th and Washington Street. I talked to the claimant and he stat- es that they were traveling south on Washington Street at about 15 miles per hour and on said street he ran into a hole about 2 feet wide, 3 1-2 feet long, and 6 or 7 inches deep, that he immediately applied the brakes and that his windshield was shattered and a rear window in the right part of the car was broken. Upon inquiry he stated that nothing struck the car and that no other damage was done to the car. I examined the car. From my investigation I am of the opinion that there is no lia- bility and that this claim should be denied. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Moffatt Carried by the following vote: Yeas—M a y o r Van Duelman., Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 8, 1945 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mr. Eugene P. Schroeder for $49.80 damages because of an obstruction in the sewer at 293 Roland Street, upon my investigation I find that this sewer extends for some dis- tance through private property an that the employees of the City in ascertaining the trouble of the blocked sewer found therein a scrub brush with rags around it which caused the obstruction. That was the only thing in the sewer that caused the obstruction. I am of the opinion that there is no negligence on the part of the City and that the claim should be de- nied. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 9, 1943 Honorable Mayor and Members of the City Council. Dubuque, Iowa Gentlemen: With reference to the claim of James J. McAllister, it appears 126 Special Session, April 12th, 1948 that on or about March 17, 1948, while traveling west on Locust Street he struck a hole in the street where the pavement joins with the brick. which hole was about 1 1-2 to 2 feet wide and about 1 foot deep totally destroying one of his tires and a tube. There was no light on this hole and he had no knowledge of it before and he informs me that he learned the cot: dition had existed for some time. I recommend that his claim be paid in the amount of $15.25 and that a warrent be issued therefor for said amount and delivered to him upon delivery to the City of a release properly executed by him. Yours truly, JOHN J. IiINTZINGER. Councilman Moffatt moved that the recommendation of City Soli- citor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $15.25 in favor of James J. McAllister, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman; Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 12, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Robert F. Neuwoehner that was referred to me for investigation and report, on or about Saturday, March 27,1948, claimant while trav- eling on Alpine Street about 7:55 P.M. ran into a hole on the street about one foot wide, two feet long and six inches deep causing a new tire and tube purchased by him in February to blow out and be of no further use. That the dan- gerous condition in the street ex- isted for some time; that there was no light or anything to indi- cate to the operator that this con. dition existed. That the cost of his tire and tube amount of $33.18. I recommend that his claim be allowed in the sunt of $33.18 and a warrant be issued payable to his order and delivered to him upon de- livery to the City of a release prop- erly executed by him. Yours truly, JOHN J. KINTZINGEP. City Solicitor Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $33.18 in favor of Robert F. Neuwoeh- ner, as settlement in full of his claim, and that said warrant be delivered upon recepit by the City of Dubuque of a properly executed release. Seconded by Councilman. Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, M u r p h y. Thompson, Wharton. Nays—None. April 12, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Alvin Thomas referred to me for investigation and report on or about March 10, 1948. at 6:45 P.M. claimant while walking north oil the sidewalk on the north side of the Strand Theatre on 12th Street fell on some dangerous ice causing her to receive injuries and compell- ing her to see doctors. That her glasses were broken. That this con- dition was a dangerous condition which had existed for some time at this location. That the cost of replacing her glasses amounted to $28.00 and the cost of her doctor bill in connection with the injury she received at this time $18.50. She has agreed to accept $46.50 in full payment of her claim. I recommend that her claim oe allowed, that a warrant be issued payable to her order and delivered to her upon delivery to the City of a release properly executed by her. Yours truly, JOHN J. KINTZINGER. Councilman Wharton moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $46.50 in favor of Mrs. Alvin Thomas, as settlement in full of Special Session, Apr;i i-'111. 1948 127 her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly exe- cuted release. Seconded by Coun- cilman Moffatt. Carried by the fol lowing vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 80 — 48 Whereas, H. C. Arnold and Keith S. Jaquette have filed an Applica- tion with the City Council request- ing permission to extend a sanitary sewer from the last manhole on High Bluff Street north easterly through lots 11 and 12 of Fengler's Addition owned by Leo Theis, to Thomas Place and in Thomas Place to serve lots 7, 8, 9' and 10 of Emsley's sub. under certain stipu- lated conditions. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That permission be, and the same is hereby granted to H. C. Arnold and Keith S. Ja- quette to extend a sanitary sewer from the last manhole on High Bluff Street north easterly through lots 11 and 12 of Fengler's Addi- tion to Thomas Place and in Thom- as Place to serve lots 7, 8, 9 and 10 of Emsley's Sub, it being under- stood that easement will be ob- tained from Leo Theis for the con- struction and maintenance of the sewer in consideration of his right to use the said sewer. Section 2. That the construction of said sewer, which includes the type of pipe and location thereof, shall be done only under the super- vision of the City Engineer. Section 3. That the total cost of the construction of said sewer shall be paid by H. C. Arnold and Keith S. Jaquette and no part thereof shall be borne by the Cit, of Dubuque. Section 4. That after said sewer has been laid and completed, the street shall be put back in as good condition as it was before it was torn up for the purpose of receiv- ing said sewer, at the cost of H. C. Arnold and Keith S. Jacquette and they shall be held responsible for any and all damages which may arise out of the construction there- of, failure to properly guard the excavations and restore the street to the condition it was in before the construction began. Section 5. That after said sani- tary sewer has been constructed, all persons living along and adja- cent to said sewer shall have the right to connect therewith, but such right shall only be granted upon a proper application being made to the City Council and by paying to H. C. Arnold and Keith S. Jaquette, their successors or as- signs, or depositing in the office of the City Clerk for H. C. Arnold and Keith S. Jaquette, the appli- cant's proportionate part of the cost of constructing said sewer based on the lineal frontage of his property abutting oil said street, but in no event shall the amount. to be paid by applicant exceed the amount that may be levied under law for the construction of saiii sewer. Within 60 clays after the completion of said sewer applicant shall file with the City Clerk a statement under oath showing an itemized account of the cost there- of. Section 6. That this Resolution shall be effective and in force and effect from and after its passage and adoption by the Council, and written acceptance thereof by ap- plicant. Passed, adopted and approved this 12th day of April, 1943. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk. ACCEPTANCE OF RESOLUTION H. C. Arnold, Keith S. Jaquette and Leo Theis having read the fore- going resolution, and having full knowledge of the terms and con- ditions thereof, hereby accept th- same as adopted, and agree to com- ply with all the terms and condi- tions, and assume all liabilities im- posed upon them, including those set forth in Section 4. Executed this 17th clay of April 1948. H. C. ARNOLD KEITH S. JAQUETTE LEO THEIS. 128 Special Session, April 12th, 1948 Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphi, Thompson, Wharton. Nays—None. Ordinance No. 10-48. An Orat- nance providing for the name, con- trol, supervision and operation of "The Dubuque Municipal Airport", and providing for a penalty for the violation of the provisions hereof, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy. Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three seperate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by,. the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—Nor-e. RESOLUTION NO. 81 — 48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME ADDRES.; Dolores Chapman and Thelma Mardauss, 349 Eighth Avenue. BE IT FURTHER RESOLVED that the bond filed with the appli- cation be approved. Passed, adopted and approved this 12th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that Mr. J. K. Deming be reap- pointed as a member of the Fire and Police Pension and Retirement Boards for a term of four years, said term expiring April 1st, 1952. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelmau, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Murphy moved that Mr. John A. Kerper be reappointed as a member of the Board of Dock Commissioners for a term of three Years, said term expiring Novem- ber 26th, 1950. Seconded by Coun- cilman Wharton. Carried by the following vote-!& .yeas —M a y b r Van Duelmar;, C o�u n c i 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Wharton moved that Mr. E. B. Lyons be reappointed as a member of the Civil Service Com- mission for a term of six years, said term expiring March 31, 1954. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Moffatt moved that Mr. Lester J. Streinz be reappoint- ed as a member of the Board of Adjustment for a term of five years, said term expiring March 5th, 1953. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Special Session, April 12th, 1948 129 Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that the State Auditor's office be requested to audit the books of the City of Dubuque at their very eai- Best convenience. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, C o u n c i I m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. There being no further business Councilman Wharton moved to ad- journ. Secouded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy. Thompson, Wharton. Nays—None. J. J. SHEA City Cler 0. Approved' 948. Adopte1948.. Jouncilmen : Attest:-4_fLW_Vr City Clerk. Special Session, April 19th, 1948 City Council (Official) Special Session, April 19th, 1948. Council met at 7:30 P.M. Present—Mayor Van Duelman; Councilmen Moffatt, Murphy, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun cilmen Murphy and Thompson. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering for final adoption resolu- tions awarding contracts for the paving of Forest Lane and the curb and guttering of Diamond Street and Gandolfo Street and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Coun- cil. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Mr. James Kritz, acting as spokesman for the objectors a- gainst the improvement of Gan- dolfo Street with concrete curb and gutter, addressed the Council and requested that all bids received for the improvement of Gandolfo Street with concrete curb and gut- ter be thrown out and that if this improvement is made instead of its being an improvement it will be a hazard. (Awarding Contract) RESOLUTION NO. 77 — 48 WHEREAS, proposals have been submitted by contractors for the improvement of Gandolfo Street from the North curb line of St. Joseph Street to the South curb line of Lombard Street with con. crete curb and gutter, pursuant to Resolution No. 62-48, and K—M Construction Company, contractor, has submitted the lowest bid for the furnishing of all labor and ma. terials and performing the work as provided for in the plans and specificaitons; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to K—M Construction Company, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 12th, 1948. Passed and adopted this 19th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman. Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. (Awarding Contract) RESOLUTION NO. 78 — 48 WHEREAS, proposals have been submitted by contractors for the improvement of Diamond Street from the East curb line of Central Avenue to the West curb line of Jackson Street, pursuant to Reso- lution No. 60-48, and D. C. May Construction Company, contractor. has submited the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and speci- fications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to D. C. May Construction Company, and the Manager be and he is here- by directed to execute a contract on behalf .of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED r Special Sessions, April 1901, 1948 131 that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 12th, 1948. Passed and adopted this 19th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. (Awarding Contract) RESOLUTION NO. 79 — 48 WHEREAS, proposals have bee.1 submitted by contractors for thn improvement of Forest Lane from THE West curb line of Nevada Street to the East curb line of Delhi Street, pursuant to Resoht- tion No. 56-48, and Thos. Flynn Coal Company, contractor, has sub- mitted the lowest bid for the furnishing of all labor and materi- als and performing the work as provided for in the plans and speci- fications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men. tioned improvement be awarded to Thos. Flynn Coal Company, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 12th, 1948. Passed and adopted this 19th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of the National Safety Council advising that the City of Dubuque has been selected as the winner of First Place for 1947 in the National Traffic Safety Contest among the cities in your population group, presented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—M a y o r Van Duelman, Councilman Moffatt, Murphy. Thompson, Wharton. Nays—None. Communication of Alfred W. Kahl, Commissioner, Department of Public Safety, Des Moines, lova, congratulating the City of Dubuque on receiving the signal honor of being awarded first place in the Nation for safety by the National Safety Council, presented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—M a y o r Van Duelman C o u n c i l m a n Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Robert C. Byrus, Fire Protection Engineer, advising that the 24th Annual Iowa Fire School will be held at Iowa State College, Ames, Iowa, May 18. 21, 1948, presented and read. Councilman Murphy moved that the communication be referred to the City Manager to confer with the Fire Chief in regard to Fire- 132 Special Session, April 19th, 1948 men attending the Fire School at Ames, Iowa. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Nays—None. Mr. Louis Kolfenbach addressed the Council requesting that the City set up the requirements that must be met in order that his plat of Vernon Heights Subdivision may be approved. Councilman Murphy moved that the request be referred to the City Council and the City Manager, City Engineer and Wa- ter Superintendent be instructed to submit a report back to the City Council at their very earliest con- venience. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Glenn L. Story, Secretary of the Iowa Municipal Accounting Officers As- sociation, advising that a school of instruction will be held for all Ac- counting Officers of the Municipali- ties of the State of Iowa on May 13th and 14th, 1948 at Des Moines, Iowa, presented and read. Coun• cilman Murphy moved that the communication be referred to the City Council. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton, Nays—None. Petition of the Dubuque County Unit of the American Cancer Socie. ty requesting permission for the holding of a tag day on Saturday, May 8th, 1948, presented and read. Councilman Wharton moved that the request be granted. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of City Employees Lo. cal No. 228 requesting that appoint- ments be made from the eligible list set up for the purpose of filling vacancies in the Street, Sewer and Water Departments, presented and read. Councilman Wharton moved to refer the petition to the City Council for consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays—None. Annual Report of the Librarian of the Carnegie -Stout Free Public Library, presented. Councilman Wharton moved that the Annual Report of the Librarian of the Car- negie -Stout Free Public Library be received and Placed on file. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duleman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. Annual report of the Board of Trustees of the Carnegie -Stout Free Public Library, presented. Councilman Wharton moved that the Annual Report of the Board of trustees of the Carnegie -Stout Free Public Library be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, W h+la r, t io n Nays—None. Ordinance No. 10-48. An Ordi- nance providing for the naive, con- trol, supervision and operation of "The Dubuque Municipal Airport", and providing for a penalty for the violation of the provisions hereof, said ordinance having been passeu upon first reading on April 12th, 1948, and ordered placed on file With the City Clerk for public in- spection for at least one week be- fore its final adoption, was present- ed for final adoption. ORDINANCE NO. 10'— 48 An Ordinance providing for the name, control, supervision and operation of "The Dubuque Municipal Airport," and providing for a penalty for the violation of the provisions hereof. Sec. 1. That the new airport lo- cated in Table Mound Township now the property of the City of Dubuque be and the same is now S pecial Scssion, April lith, 1948 133 named "The Dubuque Municipal Airport." Sec. 2 Limitations on use. Only aircraft and airmen licensed by the Civil Aeronautics Administra- tion of the United States Depart - stent of Commerce shall operate on or over the airport; PROVIDED, HOWEVER, that this restriction shall not apply to public aircraft of the Federal Government or of a state, territory or possession, or of a political subdivision thereof, or to aircraft licensed by a foreign country with which the United has a reciprocal agreement cover- ing the operation of such licensed aircraft. Sec. 3. Conformity to government regulations. No person shall navi- gate any aircraft over, land .upon, or fly the sante from, or service, maintain, or repair any aircraft up- on the airport, or conduct any air- craft operations on or from the air. port otherwise than in conformity With the requirements of the Civil Aeronautics Administration. Sec. 4. Adoption of government regulations. The Civil Air Regula- tions as established by the Civil Aeronautics Administration under the authority of the Air Commerce Act of 1926 are hereby adopted by reference and trade a part of these rules, except where they are in con- flict with the regulations of the United States Air Corps. Sec. 5. Office of airport manager created. The office of airport man- ager is hereby created, who shall perform such duties as shall from time to time be required. Sec. f,. Duties of airport man- ager. In addition to general man- agement and supervision of the air- port, including the regulation of all activities connected therewith, the airport manager shall be responsi- ble for all activities of the civil landing area, the continued main- tenance of adequate personnel, pro- tective facilities, and records of all flight operations as may be re- quired by the Civil Aeronautics Ad- ministration; prohibit the opera- tion of civil aircraft in violation of any rules or regulations prescribed by the Civil Aeronautics Adminis- tration, issue all permits approved by the city council; and collect all ees prescribed by the ordinance or :he rules and regulations herein- after provided for. Sec. 7. Rule-making Power. The city council shall promulgate and put in force such rules and regula- tions as shall be deemed necessary for the proper operation, control and regulation of said airport. A copy of such rules and regulations shall be filed with the city clerk, together with any amendments thereto; also, copies thereof shall be posted in two (2) conspicuous places in the administration build- ing at the municipal airport and in the city hall. Sec. 8. Suspension of Rules. Any of these traffic rules and regula- tions that are in conflict with or contrary to the rules and regula- tions of the United States Air Corps shall be suspended during any ten- ancy of the United States Air Corps, and such other rules and regulations as the Post Commander may prescribe shall be put into full effect by supplemental notices is- sued in the form of Special Field Orders by the airport manager. These Special Field orders shall be effective and made a part of said rules and regulations. Sec. 9. Permits required. No per- son, firm or corporation shall use the municipal airport as a base or terminal for the carrying on of commercial aviation, the carrying of passengers, freight, expre^s, mail, or for student flying, com- munications or other commercial or private purpose, without first, securing a permit from the airport manager and paying the fees and charges prescribed for such privi- leges, use, or services rendered. Sec. 10. Concessionaires. No person, firm or corporation shall engage in the sale of refreshments or of an other commodity, gasoline, oil, or any other merchandise, or render any services for hire with- in the confines of the municipal airport without having first secur- ed a permit from the city council and paid or made satisfactory ar- rangements to pay, such fee; or other sums of money as may be fixed and determined by the City Council for uch privilege of Mn - cessions. 134 Special Session, April 19th, 1948 Sec. 11. Registration required. The names, addresses, telephone numbers, and nature of business or occupation of all persons stationed or employed upon the city airport or receiving instruction thereon, or operating therefrom, shall be regib- tered at the administration office of the airport, except United States Officers or personnel. Sec. 12. Waiver and indemnity. The permission granted by the air- port manager, the mayor, and -or of the City Council to use the airport and its facilities, or to fly to, from or over the same, shall be at all times conditioned upon the assuption of full responsibili- ty therefor by every person exer- cising or taking advantage of such permission. It shall be a further condition thereof that each person, as a consideration for the use of the airport and for its facilities, shall at all times release, hold harmless and indemnify the city of Dubuque, its officials and their agents and employees from any and all responsibility, liability, loss or damage, resulting to any such person, or caused by or on his be- half and incident to the manner in which the airport is operated, con- structed or maintained, or served from within or without, or used from without. The use of the air- port by any person for any purpose or the paying of fees therefor or the taking -off or landing air- craft thereon shall be itself an ack- nowledgment that such person ac- cepts such privileges oil the condi- tion herein set forth. Sec. 13. Penalties. Any person operating or handling any aircraft in violation of the provisions of this oridnance, the rules and regu- lations promulgated hereunder, or amendments thereto, or who re- fuses to comply therewith, shall be promptly removed and ejected from the airport by or under the authori- ty of the airport manager, and up- on the order of the airport man- ager, may be deprived of the fur- ther u,,e of the airport and its facil- ities for such length of time as may be required to insure the safeguard- ing of the same and the public and its interest therein. Iu addi- tion thereto, any person, firm, co- partnership, corporation, associa- tion, society or club violatine any of the terms of this ordinance, the rules and regulations promulgated hereunder, or amendments thereto, shall be fined not to exceed One Hundred Dollars ($100.00) or be imprisioned in the city jail not to exceed thirty (30) days. Sec. 14. This Ordinance being deemed urgent and in the preser- vation of public safety and con- venience shall be in force and ef- fect from and after its final pas- - sage and adoption and publication as provided by law. Passed upon first reading this 12th day of April, 1948. Passed, adopted and approved this 19th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 21st day of April, 1948. 4-21 It J. J. SHE_1, City Clerk. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Car- ried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 16, 1943 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen, I herewith submit reports of them City Auditor, City Treasurer, City Health Department and City Water Works for the month of March, 1948, also list of claims and list of payrolls for which warrants were issued for the month of March, 1948. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and Placed on file. Seconded by Coun- cilman Moffatt. Carried by the following vote: Special Sc��io�n, .April 19l1t, 1948 135 Yeas—M a y o r Van Duelman, Mae Agnes Moore Indemnity Councilmen Moffatt, Murphy, Clerk—Health De- Ins. Co. of Thompson, Wharton. parttnent North America Nays—None. Hylda N. Luke U.S. Fideli- Recreational Direc- ty and Guar- April 19, 1948. for anty Co. To the Honorable Mayor John Joseph Hail Massachus- and City Council, Supt. & Cashier— etts Bonding Dubuque, Iowa. Water Department & Ins. Co. Gentlemen: This is to advise that I have ap- Thomas Fitzpatrich Massachus- the following bonds and de- Bond- proved sire to have your approval on same Department ing and Ins Co. for filing: Allen Charles Kane The Centu- Clerk—Water De- ry Indemnity PERSONAL partment Co. Albin A. Rhomberg Continen- Lucille Oster Massachus- City Manager tal Casual- Clerk—Water De- etts Bonding ty CO. partment & Ins. Co. John J. Kintzinger Massachus- Marjorie Busch Massachus- City Solicitor etts Bonding Clerk—Water De- etts Bonding & Ins. CO. parttnent & Ins. Co. Edward M. Tschirgi Continen. Raymond A. Savary Continen- City Treasurer tal Casual- Parking Meter Main- tal Casual- ty Co. tenance Man and ty Co. Collector Robert P. Marshall Massachus City Auditor etts Bonding Excavation Bond & Ins. Co. D. C. May Con- U.S. Fideli- struction Company ty & Guar- J. J. Shea Massachus- anty Co. City Clerk etts Bonding Respectfully submitted, & Ins. Co. A. A. RHOMBERG, Geraldine L. Jenni Continen- City Manager. Secretary to City tal Casual- Councilman Moffatt moved that il7anager ty Co. the bonds be approved and placed R. J. Gallagher National on file. Seconded by Councilman Carried by the follow- City Engineer Surety Cor- Thompson. poration ing vote: Yeas—M a y o r Van Duelman. John C. Oberhausen Continen- Councilmen Moffatt, Murphy, Police Judge tal Casual- Thompson, Wharton. ty Co. Nays—None. John A. Brady Central Clerk of Police Surety & Ins. April 19, 1948 Court Corporation To the Honorable Mayor Donald J. Bandy Continen- and City Council, Building Commis- tal Casual Dubuque, Iowa. sioner ty CO. Gentlemen: At the meeting of April 12, 1948 Daniel J. O'Leary American the petition of Fred W. Aschen- Plumbing Inspector Surety CO. hrener et. al. regarding the im- renentent Luvern Carl Norton The Centu- ' of Dunleith Street was Electrical Inspector ry Indemni- 1 referred to the Council to view the ty Co. grounds. The Council having the premises decided to Virgil Fay Chapman Continen- viewed have a plat and schedule prepared Milk Inspector tal Casual- and gutter, bituminous sur- ty Co. for curb 136 Special Session, April 19th, 1948 facing and drainage. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 19, 1948 ..To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The present two-way A.M. radio used in police work is approaching the end of its useful life. It is desirable that it be replaced with a Frequency Modulated Radio. In order to be in the proper channel with a frequency of 37.1 megacycles it is necessary under Federal Com. nnmication Commission rules that the city join with Dubuque County in MAKING THE APPLICATION. I recommend that the Mayor and Clerk be authorized to sign the at- tached agreement and application for and on behalf of the City of Dubuque. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. AGREEMENT OF DUBUQUE POLICE AND DUBUQUE COUNTY THIS AGREEMENT, made and entered into on this April 19, 1948, by and between the City of Dubu. que, Iowa and Dubuque County, Iowa, Witnesseth: WHEREAS, The City of Dubuque Iowa now has, maintains, and oper- ates a fixed transmission station for radio communications with squad cars operated by its Police Department, and, WHEREAS, Dubuque Count;, Iowa and its Sheriff desire to pro- vide two-way county wide radio communication between the Com- munication Division of the Dubuque Police Department and automo- Idles operated by said Sheriff and his deputies, and, WHEREAS, a fixed transmission station having sufficient power to cover Dubuque County, Iowa and radio communication with automo. biles operated by the Sheriff of Dubuque County and his deputies, in all parts of the County, would increase the efficiency of law en. forcement and the apprehension of •law violaters, both by the said Police Department and said Sheriff, and, WHEREAS, the parties hereto desire to provide two-way Radio communications covering the whole of Dubuque County, operated on one common frequency used by the Dubuque Police Department and the Sheriff of Dubuque County, Iowa and to avoid duplication of transmission equipment for so doing, NOW, THEREFORE, in consider- ation of the foregoing premises, and the agreements herein con- tained, and other good and valuable consideration. It is hereby coven- anted and agreed by and between the City of Dubuque, Iowa and Du. buque County, Iowa, as follows: between the City of Dubuque, Iowa and Dubuque County, Iowa, as follows: (1) The parties hereto shall make a joint application to the Federal Communications Commission for the assignment of one common fre. quency to the City of Dubuque, Iowa and Dubuque County, Iowa for coordinated two-way police and sheriffs radio communications, and for the establishment of a fixed transmission station having suffi- cient power to cover the whole of Dubuque County, Iowa, using said common frequency so assigned. The construction permit instru- ment of authorization and -or license issued on said joint application shall be issued to the City of Du- buque, Iowa. (2) Dubuque County, Iowa here- by agrees that it will not make any separate application on its own part, for assignment of a separate W, Special Session, April 1901, 1948 137 and distinct frequency for use of its Sheriff or for the establishment of a fixed transmission station, either during the pendency of said joint application to be made as pro- vided in Paragraph 1 hereof, or thereafter in the event said joint application is granted, as long as this agreement remains in force and effect. (3) In the event said joint appli- cation to be made as provided in Paragraph 1 hereof is granted by the Federal Communications Com- mission, the City of Dubuque, Iowa hereby agrees to purchase, install and provide at its expense, a fixed radio transmission station, having sufficient power to broadcast radio calls to all parts of Dubuque Coun- ty, Iowa, on the frequency assigned by the Federal Communications Commission on said joint appli- cation, and to permit the Sheriff of Dubuque County, Iowa to con- tact the Communications Division of the Dubuque Police Department and have dispatched information of an emergency nature, in coopera- tion, co-ordination, and conjunction with the Police Department of the City of Dubuque, Iowa. All ex- penses in connection with the pur- chase, installation, connection. operation, maintenance, and repair of the mobile units in automobiles operated by peace officers employ- ed by Dubuque County, Iowa shall be paid by Dubuque County, Iowa. EXECUTED IN QUADRUPLI- CATE AT Dubuque, Iowa, this 19th day of April, 1948. DUBUQUE COUN- CITY OF TY, IOWA DUBUQUE, IOWA By: Joe Baule, By: Frank Chairman Coun- Van Duel- ty Supervisors man, Mayor Clarence Ham- J. J. Shea, merand City Hubert Donovan Clerk. I, Allan Daykin, County Auditor of Dubuque County, Iowa, hereby certify that the above and fore- going is a true copy of the agree- ment filed in my office. Dated this 19th day of April, 1948. ALLAN T. DAYKIN, County Auditor. April 12, 1945 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen. With reference to the claim of A. Vonah that has been referred to me for investigation, on or a- bout Saturday, March 27, claimant while driving on Alpine Street, af- ter Clark, ran into a hole in the Street which was about one foot wide, two feet long and six inches deep causing one of his tires to break through in two places; and causing damage to the inner tube therein. That said hole was not lighted or barricaded in any man- ner and was a dangerous condition in this Street. That the tire and tube when new cost him about $20.00. That he has agreed to ac- cept $10-00 in . full payment of his damages, having driven the tire about a year. I recommend that his claim be allowed in the sum of $10.00 and that a warrant be issued payable to his order and delivered to him upon delivery to the City of a release properly exe• cuted by him. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Moffatt moved that the recommeudation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $10.00 in favor of A. Vonah, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a proper- ly executed release. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Marphy, Thompson, Wharton. Nays—None. April 15, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With referencee to the claim of Mrs. Mary L. Erpelding, on or a• bout February 3, 1948, while cross- ing Central Avenue at Loras Boule- vard as she attempted to step on the sidewalk she stepped on a large body of ice next adjoining the curb, fell and broke her left arm. She was required to go to 138 Special Session, April 19th, 1948 the hospital and receive medical at- tention. That the actual amount of her hospital and doctor bills is $82.50. The condition of the cross- walk at the time and place of the injury was in a dangerous condi- tion. I recommend that the claim be al- lowed in the sum of $82.50 and that a warrant be issued payable to her order and delivered to her upon de- livery to the City of a release prop- erly executed by her. Yours truly, JOHN J. KINTZINGER. City Solicitor. Councilman Wharton moved that the recommendation of City SOlici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $82.50 in favor of Mrs. Mary L. Erpelding, as Settlement in full of her claim, and that said warrant be delivered ul:- on receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphj, Thompson, Wharton. Nays—None. April 17, 1948 To the Honorable Mayor and Members of the City Council City of Dubuque Dubuque, Iowa Gentlemen: Attached are two easements for laying 6" water main through prop- erty located between the end of Dunleith Street and in a westerly direction to Elinor Street. The City Water Department pro- poses to lay a water main through about 150 feet of privately owned property which will eliminate two dead ends and will fulfill the re- quirements of the National Board of Fire Underwriters. Yours very truly, City Water Department J. J. HAIL Superintendent. Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Peas—'%I a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Dubuque, Iowa April 15, 1948 Know All Men By These Pres- ents: That the undersigned, being the owner of the North East twenty (20) feet of Lot 1 of 2 of 1 of 1 of 1 of 2 of Robinsons Subdivisio!1 in the City of Dubuque, Iowa for valuable consideration thereon paid, the receipt whereof is hereby acknowledged, hereby grants and conveys to the City of Dubuque. Iowa, the privilege of laying and maintaining a 6" water main on the aforesaid lot, the location of same to be parallel with and six- teen (16) feet South West of the North East line of said lot, and ex- tending through its entire length. The foregoing agreement con- stitutes a permanent assignment in favor of the City of Dubuque and shall be binding upon, not only the grantor, Harry C. Nesler, but also upon any successors or assigns. DR. HARRY C. NESLER Owner. Subscribed and sworn to by Harry C. Nesler before me, Ruth M. Kleih, a Notary Public, ill anc for Dubuque County, State of Iowa. this 15th day of April, 1948. RUTH M. KLEIH Councilman Wharton moved that the Grant and Easement be a1: proved and recorded with the Coun- ty Recorder. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Dubuque, Iowa April 1948 Know All Men By These Presents That the undersigned, being the owners of Lot 1 of 2 of 1 of Lot "B" of Lot 1 of 1 of 1 of Mineral Lot 24, in the City of Dubuque, Iowa for valuable consideration thereon Paid, the receipt whereof is hereby acknowledged, hereby grant and convey to the City of Dubuque, Iowa, the privilege of laying and maintaining a 6" water main on the aforesaid lot to be across the Westerly parts of said above de- scribed lot from a point sixteen (I6) feet South West of the North East corner of Lot 1 of 2 of 1 of 1 of 1 of 2 of Robinson Subdivision, Special Session. April 19th, 19.8 139 thence in a Southerly direction and at right angle with Dunleith Street. The foregoing agreement con- stitutes a permanent assignment in favor of the City of Dubuque and shall be binding upon, not on- ly the grantors, Joseph V. Kep- pler and Mary E. Keppler, but also upon any successors or assigns. MARY E. KEPPLER JOSEPH V. KEPPLER Owners. Subscribed and sworn to by Jos• eph V. Keppler and Mary E. Kep- pler before me, P. J. Schanbeck, a Notary Public in and for Dubuque County, State of Iowa, this 17th day of April, 1948. P. J. SCHANBECK Councilman Wharton moved that the Grant and Easement be ap- proved and recorded with the Coun- ty Recorder. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—MAYOR Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the, undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not Nvithstanrling any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the mak- ing of said improvements and con- sents to pay his proportionate share of the actual cost as afore- said. The undersigned further pe- titions said City to pay the con- tractor for constructing said im- provements by delivery of special assessment certificates or special assessment bonds to the contractor against the property of the under- signed. PETITION AND WAIVER The undersigned, owner of Lot No. 6 Jones Sub., property abutting upon and adjacent to Edina Street, hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) inch vitrified tile sanitary sewer to be located in Vernon and Edina Streets as tributary to the existing manhole located in Mineral Lot No. 176, and does hereby petition said City to enter into a contract for the construction of said improve- ment in accordance with and as provided by plans and specifica- tions to be furnished and approved by said City. Said contract to be let and entered into in the manner provided by statue for bids and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection expense to the City and the expense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion The undersigned further peti- tions said City to pay the cot: - tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in nc cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as afore- said. ALEX BODISH CAROLINE BODISH Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—M a y o r Van Duelman, C o n D C i l u! e it Moffatt, Murphy, Thompson, Wharton. Nays—None. 140 Special Session, April 19th, 1948 PETITION AND WAIVER The undersigned, owner of Lot 40 Levin's Addition, property abutting upon and adjacent to Vernon Street, hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (3) inch vitrified tile san- itary sewer to be located in Ver- non and Edina Streets and tribu- tary to the existing manhole locat- ed in Mineral Lot No. 176 and does hereby petition said city to enter into a contract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc. tion of the improvement as afore- said, the undersigned agrees to Pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assessments to he made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the under- signed agrees to pay said assess- ments in full, either by a lump sum payment or in ten equal install- ments as provided by law, not withstanding any provisions of the Statute to the contrary. The under. signed waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as aforesaid. The undersigned further petitions said City to Pay the contractor for con- structing said improvements by delivery of special assessment cer- tificates or special assessment bonds to the contractor against the Property of the undersigned. The undersigned further pati. tions said City to pay the con. tractor for constructing said improvements by the issuance and sale of improvement bonds in anti. cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac. cepting this petition and in order. ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or. dered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as afore. said. ALEX BODISH CAROLINE BODISH Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy. Thoml,son, Wharton. Nays—None. PETITION AND WAIVER The undersigned, owner of East 97.3` Lot 72 Voelker Highlands Ad- dition property abutting upon and adjacent to Edina Street hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the Construction of an Eight (S) inch Vitrified Sanitary Sewer to be lo- cated in Vernon and Edina,Streets and tributary to the existing man- hole on Mineral Lot. No. 176, and does hereby petition said City to enter into a contract for the con- struction of said improvement ill accordance with and as provided by Plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner pro- vided by statute for bids and con- tracts for Sewer Work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection expense to the City and the expense of W, Special Session, April 19th, 1948 141 making the assessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the mak- ing of said improvements and con- sents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by delivery of spe- cial assessment certificates or special assessment bonds to the contractor against the property of the undersigned. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of property owners, without in any way qualifying this Petition or releasing the undersigned from his obligation to pay assessments made against his property as a- foresaid. HUBERT DONOVAN JOE BAULE CLARENCE HAMMERAND Councilman Moffatt proved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Van Duehnan. "ouncilmen Moffatt, \I u r p h y, rhompson, Wharton. Nays—None. PETITION AND WAIVER The undersigned, owner of E. 85` of Lot 1 of the Sublivision of S. 80` of Lot 3 and Lot 3 og Lot 1 of Lot 9 of Mt. Pleasant Addition property abutting upon and adjacent to Vernon Street, hereby petitions the City Cour - cil of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) inch vitrified tile sanitary sewer to be located in Vernon and Edina Streets and tributary to the existing manhole located in Mineral Lot No. 176, and does hereby petition said City to enter into a contract for the construc- tion of said improvement in ac- cordance with and as provided by plans and specifications to be furnished and approved by the City. Said contract to be let and entered into in the manner pro- vided by statute for bids and con- tracts for sewer work. In consideration of the construct tion of the improvement as afore• said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the ex- pense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assess- ments to be made against the prop- erty of the undersigned in pro- portion to the special benefits con- ferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improve- ments on and from the (late of the acceptance of this Petition by the City, and the undersigned a- grees to pay said assessments in full, either by a lump sum pay- ment or in ten equal installments as provided by law, not withstand- ing any provisions of the Statute to the contrary. The undersigneu waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the acutal cost as aforesaid. The un- dersigned further petitions said 142 Speciai Session, April 19th, 1948 City to pay the contractor for con- structing said improvements by de- livery of special assessment certi- ficates or special assessment bonds to the contractor against the pro- perty of the undersigned. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay asse.ssr,tents made against his property as a- foresaid. HUBERT DONOVAN JOE BAULE CLARENCE HAMMERAND Councilman '.Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Mur- phy. Carried by the following vote-. Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. PETITION AND WAI'JER The undersigned, owner of Lots 50 and 51 Levin's Addition proper- ty abutting upon and adjacent to Edina Street hereby petitions the City Council of the City of Dubuque, Iowa, as soon as prac- ticable, to proceed with the con- struction of an eight (8) inch vi- trified tile sanitary sewer to be located in Vernon and Edina Streets and tributary to the ex- isting manhole located in Mineral Lot. No. 176, and does hereby peti- tion said City to enter into a con- tract for the construction of said. improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said con. tract to be let and entered into in the.manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law. not withstanding any provisions o the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements anci consents to pay his proportiona'e share of the actual cost a.� afore- said. The undersigned farther peti- tions said City to pay the contrac- tor for constructing said improve- ments by delivery of special assessment certificates or special assessment bonds to the contrac- tor against the property of the undersigned. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ,c- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Peti- tion of property owners, without in any way qualifying this Petition or releasing the undersigned froiu 0 Special Session, April 'gill, 1948 143 his obligation to pay assessments made against his property as a- foresaid. H. F. ESSER Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, :Murphy Thompson, Wharton. Nays—None. the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the cou- tractor for constructing said im- provements by delivery of spe- cial assessment certificates or spe- cial assessment bonds to the con- tractor against the property of the undersigned. The undersigned further peti- tions said City to pay the con - PETITION AND WAIVERtractor for constructing said im- The undersigned, owner of Lot provements by the issuance and 39 Levin's Addition property abut- sale of improvement bonds in anti - ting upon and adjacent to Vernon cipation of deferred payments of Street hereby petitions the City assessments when a contract hRs Council of the City of Dubuque, been performed and accepted by Iowa, as soon as practicable, to said City. proceed with the construction of It is further agreed that in ac - an eight (8) inch vitrified tile cepting this petition and in order - sanitary sewer to be located ill ing the construction of said im- Vernon and Edina Streets and provements the Resolution of the tributary to the existing manhole City Council may contain recitals located in Mineral Lot No. 176 that said improvements are or - AND DOES HEREBY PETITION dered with or without the Peti- SAID City to enter into a contract tion of property owners, without for the construction of said im- in any way qualifying this Petition provement in accordance with and or releasing the undersigned from as provided by plans and specifi- his obligation to pay assessments caticus to be furnished and ap. made against his property as a - proved by said City. Said contract foresaid. to be let and entered into in the manner provided by statute for bids and contracts for sewer work_. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering • and inspection ex- pense to the City and the expense of making the as.Aessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any proviAons of M. J. ESSER Mrs. Romanda Esser Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec. ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Wharton. Nays—None. PETITION AND WAIVER The undersigned, owner of Lot 7 Jones Sub. property abutting up- on and adjacent to Edina Street, hereby petitious the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) inch vitrified tile sanitary sewer to be located in Vernon and Edina Streets and tributary to the Mineral Lot No. 176, and does 144 Special Session, April 19th, 1948 hereby petition said City to enter into a. contract for the construc- tion of said improvement in ac- cordance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner pro- vided by statute for bids and con- tracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and con- stitute a lien upon the properties of the undersigned in proportion cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law. 'lot withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by delivery of spe, tial assessment certificates or spe- cial assessment bonds to the con- tractor against the property of the undersigned. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is futher agreed that in ac- cepting this petition and in or- dering the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Peti- tion of property owners, without in any way qualifying this Petition or releasing the undersigned from his obligation to pay assessments made against his property as aforesaid. CECELIA M. GEHRIG Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. PETITION AND WAIVER The undersigned, owner of Lot 33 of Levin's Addition property abutting upon and adjacent to Ver- non Street hereby petitions the City Council of the Ci t y of Dubuque, Iowa, as soon as prac- ticable, to proceed with the con- struction of an eight (8) inch vi- trified tile sanitary sewer to be located in Vernon and Edina Streets and tributary to the ex- isting manhole located in Mineral Lot No. 176, and does hereby peti- tion said City to enter into a con- tract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assess- ments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such Improve- ments on and from the date of Special Session, April 19til, 1948 145 the acceptance of this Petition by the City, and the undersigned a- grees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstand- ing any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as aforesaid. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by delivery of spe- cial assessment certificates or spe- cial assessment bonds to the con- tractor against the property of the undersigned. The undersigned further peti- tions said City to pay the con- tractor for constructing said in - provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting- this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Peti- tion of property owners, without in any way qualifying this Petition or releasing the undersigned from his obligation to pay assessments made against his property as aforesaid. DOROTHY C. MEYER ARTHUR W. MEYER Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. _Nays—None. PETITION AND WAIVER The undersigned, owner of Lots 36, 3; and 38 Levin,s . Addition property abutting upon and adja- cent to Vernon Street, hereby peti- tions the City Council of the City of Dubuque, Iowa, as soon as prac- ticable, to proceed with the con- struction of an eight (8) inch vi- trified tile sanitary sewer to be located in Vernon and Edina Streeti and tributary to the ex- isting manhole located in Mineral Lot No. 176, and does hereby peti- tion said City to enter into a con• tract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of malting the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footae basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by delivery of special assess- ment certificates or special assess- ment bonds to the contractor a- gainst the property of the under- signed. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. 146 Special Session, April 19th, 1948 It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned assessments made obligation to pay me made against his property as aforesaid. HAROLD PAPE Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. PETITION AND WAIVER The undersigned, owner of Lots :11 and 32 of Levin's Addition property abutting upon and adja- cent to Vernon Street, hereby peti- tions the City Council of the City of Dubuque, Iowa, as soon as practica- ble, to proceed with the construc- tion of an eight (8) inch vitrified tile sanitary sewer in Vernon and Edina Streets and tributary to the existing manhole located in Miner- al Lot No. 176, and does hereby petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and specificatons to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the engineering and inspection expense to the City and the expense of actual cost thereof, including the making the asessment schedule. It is agreed that the City of Dubu- que shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage ,basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agrees to pay said assess- ments in full, either by a lump sum payment or in ten equal install- ments as provided by law, not withstanding any provisions of the Statute to the contrary. The under- signed waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of th. actual cost as aforesaid. The undersigned further pet_ tions said City to pay the contrac• for for constructing said improvd- ments by delivery of special assess- ment certificates or special assess- ment bonds to the contractor a- gainst the property of the under- signed. The undersigned further ped - tions said City to pay the contract- or for constructing said improve- ments by the issuance and sale of improvement bonds in anticipation of deferred payments of assess- ments when a contract has been performed and accepted by said U: ty. It is further creed that in ac- cepting this petition and in order- ing the construction of s. id im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his ob- ligation to pay assessments made against his property as aforesaid. WARREN M. POTTS Councilman Moffatt moved that the Petition and Waiver be received and made a matter of record. Sec- onded by Council Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. PETITION AND WAIVER The undersigned, owner of Lot 49 Levin's Addition property abut- ting upon and adjacent to Edina Street, hereby petitions the City Council of the City of Dubuque, Iowa. as soon as practicable. tc proceed with the construction o - an eight (8) inch vitrified tile sani 5pccial Session, April 1901, 1948 L47 tary sewer to be located in Vernon and Edina Streets and tributary to the existing manhole located in Mineral Lot No. 176, and does here- by petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection expense to the City and the expenee of making the . assessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the uudersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the under- signed agrees to pay said assess- ments in full, either by a lump sum payment or in ten equal • install- ments as provided by law, not withstanding any provisions of tete Statute to the contrary. The under- signed waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as aforesaid. Ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assesments made against his property a.s aforesaid. Eller Vorwald Monica Vorwald Councilman ➢loffatt moved that the Petition and Waiver he receiv- ed and made a matt,,r of record. Seconded by Counciluu:n Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman Councilmen Moffatt, Murphy. Thompson, Wharton. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by delivery of spe- cial assessment certificates or spe- cial assessment bonds to the con- tractor against the property of the undersigned. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by the issuance and sale of improvement bonds in anticipa- tion of deferred payments of assess- ments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order Nays—None. PETITION AND WAIVER The undersigned, owner of Lots 47 and 48, Levin's Addition property butting upon and adjacent to Edina Street hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an Eight (8) inch Vitrified Tile Sani- tary Sewer to be located in Vernon and Edina Streets and tributary to the existing manhole located in Mineral Lot No. 176, and does here- by petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to Pay his proportionate share of the actual cost thereof, including the engineering and inspection expense to the City and the expense of mak- ing the assessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the under- signed in pro Portion to the special benefits conferred on a front foot- age basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such im- provements on and from the date of the acceptance of this Petition by the City, and the undersign' d a- 148 Special Session, April i9th, 1948 grees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any .provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said im- provements and consents to pay his proportionate share of the act- ual cost as aforesaid. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by delivery of special assessment certificates or special assessment bonds to the contrac- tor against the property of the un- dersigned. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by the issuance and sale of improvement bonds in anticipation of deferred payments of assess- ments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ordered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as a- foresaid. AL T. SCHUSTER Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION NO, 82 — 48 WHEREAS, proposed plans and specifications and form Of contract for the construc- tion of an eight (8) inch vitrified tile sanitary sewer for Ver- non and Edina Streets beginning at the existing manhole located in mineral lot No. 176 and running southerly across mineral lot No. 176 and lot No. 72 of Voelker High- lands to the center of Edina Street, (M. H. No. 1), thence southerly across lots 1 and 2 of lot 73 of Voelker Highlands and lot 1 of Mount Pleasant addition to the center of Vernon Street, thence north easterly along the center- line of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole N o. 1 of Edina Street to a point 225 feet west of the west property line of Alta Vista Street, have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, speci- fications or contract for or cost of such improvements, said time be- ing this 13th day of October, 1947; and WHEREAS, the City Council met in Special session this 19th day of April, 1948, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of h ea r in g all interested parties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested part- ies have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered: now, therefore. DE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract f o r 01. cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifications and form of contract heretofore approved are hereby adopted. 13E IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to Special Session, April loth, 1948 149 the plans, specifications and form of contract for or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 19th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas—;Mayor Van Duelman Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. the centerline of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole No. 1 north- easterly along the centerline of Edina Street to a point 225 feet west of the west property line of Alta Vista Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary 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 reso- lution 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. (Necessity for improvement.) RESOLUTION NO. 135-47 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The size and kind of sewers. 3. Each lot proposed to be assessed together with a valuation fixed by the Council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount there- of which is estimated to be assess- ed against each lot, for the con- struction of an eight (8) inch vit- rified tile sanitary sewer for Ver- non and Edina Streets beginning at the existing manhole located in mineral lot No. 176 and running >outhorly across mineral lot No. 176 and lot No. 72 of Voelker Highlands to the center of Edina Street. tM. H. No. 1), thence southerly across lots 1 and 2 of lot 73 of Voelker Highlands and lot 1 of Mount Pleasant ad. dition to the center of Vernon Street, thence north easterly along Said improvement shall be con- structed and done in accordance with the pians and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area a n d i Ti proportion to the special benefits conferred thereby, and any defi- ciency shall be paid out of the general fund, or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. Theabove resolution was intro- duced,approved and ordered placed on file with the City Clerk this 22nd clay of September, 1947. The foregoing resolution was finally passed and adopted, as pro. 150 Special Session, April 19th, 1948 posed, by the City Council this 19th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote' Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. (Ordering Construction) RESOLUTION NO. 83 — 48 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY OF DUBUQUE that pur- suant to a resolution of necessity No. 135-47 which was duly passed by this Council, for the construc- tion of all eight (8) inch vitrified tile sanitary sewer for Vernon and Edina Streets beginning at the ex- isting manhole located in mineral lot No. 176 and running southerly across mineral lot No. 176 and lot No. 72 of Voelker Highlands to the center of Edina Street, (M. H. No. 1), thence southerly across lots I and 2 of lot 73 of Voelker High- lands and lot 1 of Mount Pleasant addition to the center of Vernon Street, thence north easterly along the centerline of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole No. 1 north- easterly along the centerline of Edina Street to a point 225 feet west of the west property line of Alta Vista Street, be and the same are hereby ordered and constructed by this Council upon its own mo- tion and with or without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and speci. fications heretofore adopted and 'log;' on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying, within the assessable distance from the improvement, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor• tion to the special benefits con. ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of as as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad. vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 30 calendar days from date of contract. 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 19th day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the Resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, C o u n c i l in e n Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 84-48 Whereas, Ordinance No. 10-48, regulating the Dubuque Municipal Airport provides that the City Council shall promulgate rules and regulations for the maintenance and operation of the Municipal Air- port: Now, Therefore, W Special Session, April 1901, 1943 151 Be it Resolved by the CITY Coun- cil of the City of Dubuque: That the following be and they are the rules and regulations for the operation and maintenance of the Dubuque Municipal Airport as follows, to -wit: 1. RULES AND REGULATIONS. 9. Witnesses of and participants in any accident on or near the airport shall be requested to re- port to the administration office as soon as possible for the purpose of leaving their names and address- es and accomplishing such reports as may be required. 1. The Dubuque Municipal Air- port shall be open to render ser- vice twenty-four (24) hours a day. 2. The LAWS of the UNITED STATES and the STATE of IOWA, all ORDINANCES, RULES and REGULATIONS of the CITY COUNCIL, now in force and effect or hereinafter enacted, shall be in force upon this airport. 3. Airport lighting shall be ac- complished in accordance with the requirements of the Civil Aeronau- tics Administration of the United States Department of Commerce for night operations. 4. Obstacle lights on buildings and such other illumination as may be required by the CAA shall be installed and maintained by the building owner at his own expense. 5. Any portion of the landing area temporarily unsafe for landing, or which is not available for ANY CAUSE, shall be clearly marked in an approved manner and notice given to all concerned, in Field Notices to Airmen, and CAA. 6. Each operator will provide his facility with and keep convenient- ly accessable at all times, a First Aid Kit containing at least 12 assorted bandages, 12 sterile dress- ings, 2 tourniquets, a supply of first aid dressings for burns, adhesive tape, a supply of tincture of iodine or mercurochrome, aromatic spirits of ammonia and either a glass cup or a supply of paper cups. 7. In case of accident on the Field, flying activities will be tem- porarily suspended until the wreck- age is cleared. Only authorized per- sonel shall be permitted to assist at the scene of the accident. 8. The aircraft owner, his pilot or agent shall be responsible for the prompt removal and disposal of wrecked aircraft and the part thereof, to avoid all interferent with the field operations, unless directed to delay such action pend ing investigation of the accident. 10. All repairs to aircraft or air- craft engines shall be accomplished in the area designated for that pur- pose by the airport manager. 11. No person shall be permitted to erect a sign on the civil air- port premises without first having secured the written permission of the airport manager. 12. No fee will be charged for the operation of private planes on or off the airport operated exclu- sively by their owner. Owner will secure permit. 13. Any person conducting a fly- ing school or giving instruction in aviation at the airport or any per- son operating an aircraft for sight- seeing, charter or any other com- mercial use other than regularly schedules Airlines services, from the airport shall first obtain an air- port flying permit, issued by the port manager which may be recind- ed by the Cfty Council upon the recommendation of the Airport manager on twenty-four (24) hours notice for failure of the operator of the aircraft to strictly adhere to the Civil Air Regulations as promul- gated by the Civil Aeronautics Ad- ministration or for violation of any City Ordinance or Resolution pro. viding rules and regulations for the operation of the Municipal Airport or for violation of field orders or instructions issued from time to time by the airport manager. Upon cancellation by the City Council of any flying permit because of failure to comply with any rules or regulations or field orders as above set forth holder of such permit shall not be entitled to a refund or any part of an operators license fee Previously paid. 14. Any person operating a com- mercial establishment for the re- pair, servicing, or housing of air s craft upon the airport must first e obtain a permit from the airport manager which shall be granted only after said person or corpora- tion has made satisfactory arrange- 152 Special Session, April 19th, 198 ments for the leasing of facilities on the airport for such repair, ser- vicing or housing with the City Council. 15. No housing, hangers or other structures shall be built upon the airport by any private or commer- cial operator without first obtain- ing the approval of the City Coun- cil. 16. Any person, firm or corpora- tion conducting a flying school or giving instruction in aviation at the airport or operating for sight- seeing, charter or any other com- mercial use from the airport shall before a permit is issued by the airport manager, purchase Liability and Property damage insurance from a Company approved by the City Council in the following amounts: $10,000 property damage per plane. $20,000 public liability in- surance. Failure to keep the above in- surance in full force and effect shall be sufficient cause for can- cellation of permit to operate on or off the airport. All policies to be filed with the City Clerk. 17. The City of Dubuque, Iowa, shall permit the sale of gasoline and oil upon the Airport. The City of Dubuque, Iowa, shall however receive two cents per gallon on all Gasoline and ten cents per gal- lon on all Oil delivered to the air- port. 18. There shall be no limitation on the number of commercial opera- tors leasing facilities at the Dubuque Municipal Airport, who shall pay the required fees and comply with the rules, regulations, Policies and field orders promul- gated for the operation and con- trol of the Municipal Airport. 19. No aircraft shall be permitted to tie down on the field at Dubuque Municipal Airport as long as hanger space is available. II. Air Traffic Rules 1. The Air Traffic Pattern at the Dubuque Municipal Airport shall be observed and the direction of traf- fic in the pattern shall be to the LEFT, in accordance with the cur- rent traffic pattern on file in the Airport managers office. 2. Aircraft approaching the air- port to land will enter the pattern at a 45 degree angle, at 800 ft. altitude on the downwind leg and continue in the pattern to a posi- tion where a landing may be ac- complsihed by use of the 1000 ft. approach. Aircraft shall leave the pattern after the first turn at a 45 degree angle. 3. Pilots will make use of this pattern to make sure that the run- way in use is CLEAR for landing. A horizontal movement of the wings given as a signal, on the Base leg, will indicate a desire for land- ing clearance, when Light Gun is in use. 4. Right of Way. a. An aircraft in distress shall have right of way in attempting to land. b. Whenever it is possible to do so, all Local traffic shall give way to the transport planes of the vari- ous airlines on schedule at the port, and other large itinerant aircraft. Due care and diligence shall be ex- ercised, however, and the pilots of all aircraft will be on the alert, ever mindful of the Safety factor. c. Aircraft while landing or maneuvering to land, have the right of way over other craft in flight or on the ground. d. So far as is practicable, any aircraft landing shall keep on its LEFT any plane already landed or ready to take -off. e. All aircraft at the end of their landing roll shall make a LEFT hand clearing turn, except in the case of touch and go landings. 5. Aircraft shall not take -off over hangars, buildings, obstructions, auto parking areas or groups of spectators, unless strictly una- voidable. All take -offs will be cleared by the Light Gun when in use, oil visual signal by pilot (movement of ailerons or elevators) otherwise Pilots will use due care and dili- gence in the observation of incom- ing traffic before the take -off is started. 6. Method of Taxiing. All taxiing shall be done with the utmost caution and shall con- form to the rule of S'ing so that the pilot will be assured that there is no clanger of collision or inter- ference with other craft taking -off. Special Session, April 19th, 1948 1.53 landing or taxiing. All aircraft shall be taxied at a slow and rea- sonable .speed, particularly in the vicinity of hangars and other build- ings and shall be brought to a full stop when in the vicinity of land- ing aircraft. Uness provided with adequate brakes, an attendant shall be at each wing when near passengers, fences, other aircraft, buildings or equipment. No airplane shall be taxied in or out of any hangar. 7. Direction of take -off will be governed by wind Tee, wind cone or as otherwise directed. S. No person shall take any air- craft from the hangars or from the landing area or operate the same while under the influence of, or using or having personal posses- sion of, intoxicating liquor or drugs of any kind. 9. Except in the case of schedule operators, the Airport Manager shall have the authority to suspend civilian flying operations on or from the airport or any part there - when, in his opinion, the condition of the landing area and -or local meteorological conditions might make such operations unsafe. Daytime operation of the revolv- ing beacon on the airport denotes instrument conditions. Rules gov- erning instrument flight will pre- vail. 10. Aircraft shall be started and run-up only in the area designated for such purpose by the airport au- thorities. At no time shall engines be started or run-up in such a posi- tion that hangars, shops or other buildings or, other aircraft in close proximity, or any group of people in an observation area, shall be in the path of the propeller stream. case to the number necessary to perform the required test. At no time shall passengers be carried on such flights as ballast. 3. Acrobatic flying and. insh'ue- tion in acrobatic flying shall not be performed at an altitude of less than 3000 ft. when within three miles of the center of the airport. All acrobatic flying both dual and solo will be accomplished only in the areas designated for such pur- pose by the Airport Manager. 111. INSTRUCTIONAL FLYING and TEST FLIGHTS. I. All persons instructing student pilots iu flying on the airport shall fully a, qu:;,int such students ,vith the rules and regulations in effect on the airport and shall be respon- sible for the conduct of their students while under their instruc- tions. 2. The personnel engaging in test flights shall be limited in each IV PARKING AND MOORING AREAS. All unhoused aircraft shall be parked in the space designated for this purpose and shall be firmly secured to the ground by the use of stakes and ropes or otherwise, when left unattended or during weather conditions which indicate the necessity therefore. Owners of such aircraft shall be held respon- sible for any damage resulting from failure to comply with this rule. V. FIRE REGULATIONS. 1. All persons using in any way the airport area or the facilities of the airport Miall exercise the ut- most care to guard against fire and injury to persons or property. 2. No person shall smoke in any hangar, repair shop or dope shop on the airport. 3. No person shall cause any air- craft to be fueled or drained whfle the motor is running, or while in a hangar or other enclosed space. Fueling shall be thru a metal lined hose with continuous metallic con- tact established between the dis- charge nozzle, metal lining of the hose, and main fuel tank or ground lines, and in the case of fuel trucks, between the main fuel tank or fuel lines and the. (lro"ud. :Metallic contact shall be estab- lished between the discharge zle and il:: a`.rl l.uie fuel t.,'.i; he- f,re fillia;; i, ..artrct .:hit nuiiu- ,i1lvu tbrnu1.,� lnelin, oheratiWl. .1. All empty oil, paint and carni,11 can,,, i,ot!1Eti, i:uxe5, crate:, cl' o hS-I' containers. ru'ibish, paper or litter of ally kind shall not be permitted to he stored in or about hangars, shops or buihlings but shall be r!il- posed of as soon as possible. 154 Special Session, April 19th, 1948 5. All buildings on the airport shall be equipped with first-aid fire appliances and owners of such buildings shall be responsible there- fore. Passed, adopted and approved this 19thday of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Edith Noonan and Henrietta Blades, Committee, extending a cordial invitation to the Mayor and Members of the City Council to attend a recep- tion and program for the Spanish War Veterans to be held Sunday, April 25 at 8 P. M. in Eagles Hall, presented and read. Councilman Wharton moved that the invitation be accepted. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen, Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Murphy moved that M a y o r, City Manager and City Solicitor be instructed to nego- tiate for the purchase of City Lots 206, 207, and 208 for parking lot purposes and that they submit a report back to the City Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow. Ing vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Thompson, Wharton. Nays—None. J. J. SHEA ,,'?N Approvedcv Adopted r� 1 I :;ouncilinen: j .. Attest: �.?C Murphy, City Clerk. ,11948 ZC City Clerk. �)iw lal ion, :April 22nd, 1948 155 'K. Council (OFFICIAL) Special Session, April 22nd, 1948. Council met at 8:00 P.M. Present — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Murphy and Thompson. Mayor Van Duelman read the. call and stated that service thereof had been duly made and that this meeting is called for the purpose of discussing the development of :,the!New Municipal Airport and act- ing on any other business as may properly come before a regular meeting of the City Council. RESOLUTION NO. 85-48. ...... Resolution authorizing the Exe- cution of a Sponsor's Assurance Agreement Relating to the Devel- opment of the Dubuque Municipal Airport. Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa Section 1. That the City of Dubuque, Iowa, shall enter into a Sponsor's Assurance Agreement for the purpose of obtaining Federal aid in the development of the Dubuque Municipal Airport and that such Agreement shall be as set forth herein below: Section 2. That the Mayor is here- by authorized and directed to exe- cute said Sponsor's Assurance A- greement in sextuplicate on behalf of the City of Dubuque, and the Clerk is hereby authorized and dir- ected to impress thereon the offi- cial seal of the City of Dubuque and to attest said execution. Section 3. That the Sponsor's Assurance Agreement referred to herein above shall be as follows; PROJECT APPLICATION PART I PROJECT INFORMATION The City of Dubuque, Iowa, (herein called the "Sponsor") here- by snakes application to the Ad- ministrator of Civil Aeronautics (herein called the "Administrator' for a grant of Federal funds pur suant to the Federal Airport Act of 1946 and the Regulations issued thereunder, for the purpose of aid- ing in financing a project (herein called the "Project") for develop- ment of the Dubuque Municipal Airport (herein called the "Air- port") located at latitude 42°31'30", longtitude 90139'15" in Dubuque County of the State of Iowa. It is proposed that the Project consist of the following described airport development: Construct administration build- ing, water supply and sewage disposal systems, all as more particularly described in the survey map attached hereto as Exhibit "A" and the plans and specifications (attached hereto as Exhibit "B") which are made a part hereof. The following is a summary of the extimated costs of the Project: � 56 Special Session, April 22nd, 19:5 Estimated Spon- Estimate sor's Share of Federal Cost Share of Amount % Amount % 5. Total of 2,3,and 4 -above $62,218- $31.109 50% $31.109 50 % 6. CONTINGENCIES $5,682.00 $ 2,841 50% $ 2,841 50% 7. TOTAL ALL PROJECT COSTS $67,900,00 $33.950 $33,950 PART II REPRESENTATIONS In order to induce the United States to enter into a Grant Agree- ment with respect to the Project, the Sponsor hereby represents and certifies as follows: 1 — LEGAL AUTHORITY The Sponsor has the legal power and authority: (1) to do all things necessary in order to undertake and carry out the Project in conformity with the Acts and the Regulations: (2) to accept, receive, and disburse grants of funds from the United States in aid of the Project, on the terms and conditions stated in the Act and the Regulations; and (3) to carry out all of the pro- visions of Parts III and IV of this Project Application. 2 — FUNDS The Sponsor now has on deposit, is in a position to secure, $40,000.00 for use in defraying the costs of the Project. The present status of these funds is as follows: 3 — LAND The Sponsor holds the following property interests in the following tracts of land which are to be de- veloped or used as part of or in con- nection with the Airport, all of which lands are identified on the survey map which is attached here- to as Exhibit "A": Fee simple title to Tract No. 1. 4 — APPROVALS OF OTHER AGENCIES The Project has been approved by all non -Federal agencies whose approval is required, namely: Iowa Aeronautics Commission, ap- proved site, plans and specifications Iowa Department of Health, ap- proved plans and specifications. 5 — DEFAULTS The Sponsor is not in default on any obligation to the United Total Estimated Cost 1. LAND COSTS (In- cluding costs of ac- quiring land and administrative costs 0.00 incident thereto.) 2. CONSTRUCTION COSTS: a. Cost of prep- aration of Site 0.00 b. Cost of Paving Runways, Taxiways and Aprons 0.00 c. Lighting Costs 0.00 d. Building Costs $46,535.00 e. Other Miscel- laneous Construction Costs $10,000 Total Constructign COSTS $56,536. 3. ENGINEERING AND SUPERVISION COSTS $5,000.00 4. ADMINISTRATIVE COSTS $682.00 Estimated Spon- Estimate sor's Share of Federal Cost Share of Amount % Amount % 5. Total of 2,3,and 4 -above $62,218- $31.109 50% $31.109 50 % 6. CONTINGENCIES $5,682.00 $ 2,841 50% $ 2,841 50% 7. TOTAL ALL PROJECT COSTS $67,900,00 $33.950 $33,950 PART II REPRESENTATIONS In order to induce the United States to enter into a Grant Agree- ment with respect to the Project, the Sponsor hereby represents and certifies as follows: 1 — LEGAL AUTHORITY The Sponsor has the legal power and authority: (1) to do all things necessary in order to undertake and carry out the Project in conformity with the Acts and the Regulations: (2) to accept, receive, and disburse grants of funds from the United States in aid of the Project, on the terms and conditions stated in the Act and the Regulations; and (3) to carry out all of the pro- visions of Parts III and IV of this Project Application. 2 — FUNDS The Sponsor now has on deposit, is in a position to secure, $40,000.00 for use in defraying the costs of the Project. The present status of these funds is as follows: 3 — LAND The Sponsor holds the following property interests in the following tracts of land which are to be de- veloped or used as part of or in con- nection with the Airport, all of which lands are identified on the survey map which is attached here- to as Exhibit "A": Fee simple title to Tract No. 1. 4 — APPROVALS OF OTHER AGENCIES The Project has been approved by all non -Federal agencies whose approval is required, namely: Iowa Aeronautics Commission, ap- proved site, plans and specifications Iowa Department of Health, ap- proved plans and specifications. 5 — DEFAULTS The Sponsor is not in default on any obligation to the United H Special Session, April 22nd, 1948 157 States or any agency of the United States Government relative to the development, operation, or mainte- nance of any airport, except as stated herewith: None. g — POSSIBLE DISABILITIES There are no facts or circum- stances (including the existence of effective or proposed leases, use agreements, or other legal instru- ments affecting use of the Airport or the existence of pending litiga- tion or other legal proceedings) which (•a) are known or by due diligence might be known; (b) in reasonable probability might make it impossible for the Sponsor to carry out and complete the Pro- ject or carry out the provisions of Parts II and IV of the Project Ap- plication, either by limiting its legal or financial ability or other- wise; and (c) have not been brought to the attention of an authorized representative of the Administrator. 7 — FUTURE DEVELOPMENT The Sponsor intends ultimately to develop the Airport as proposed in the current Master Plan Layout for the Airport, which plan has been mutually agreed upon by the Spon- sor and the Administrator; and in- tends to proceed with such further development when it is necessary and feasible. The Sponsor further represents that pending such fur- ther development and to the extent of its ability to do so, it intends to acquire the lands and interests therein necessary for such de- velopment or to take such other action as will protect such pro- posed lands or interests from any development thereof inconsistent with the intended airport use. PART III SPONSOR'S ASSURANCES forceand effect throughout the useful life of the facilities devel- oped under the Project but in any event not to exceed twenty years from the date of said acceptance of an offer of Federal aid for the project. 2. The Sponsor will operate the Airport as such for the use and benefit of the public. In further- ance of this covenant (but without limiting its general applicability and effect), the Sponsor specifical- ly agrees that it will keep the Air- port open to all types, kinds and classes of aeronautical use without discrimination between such types. kinds and classes: PROVIDED, That the Sponsor may estab. lish such fair, equal and non. discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and ef- ficient operation of the Airport; AND PROVIDED'FURTHER, That the Sponsor may prohibit any given type, kind or class of aeronautical use of the Airport if such action will best serve the aeronautical needs of the area served by the Airport. In order to furnish the Adminis- trator the Sponsor's assurances re- quired by the Act and the Regula- tions, the Sponsor hereby cove- nants and agrees with the United States, as follows: 1. These covenants shall become effective upon acceptance by the Sponsor of an offer of Federal aid for the Project or any portion there- of, made by the Administrator, and shall constitute a part of the Grant Agreement thus formed. These covenants shall remain in full 3. The Sponsor will not exercise, grant or permit any exclusive right for the use of the Airport forbidden by Section 303 of the Civil Aero- nautics Act of 1938, as amended. In furtherance of this covenant (but without limiting its general ap- plicability and effect), the Sponsor specifically agrees that it will not either directly or indirectly exer. cise, or grant to any person, firm or corporation, or permit any per- son, firm, or corporation to exercise any exclusive right for the use of the airport for commercial flight operations, including air carrier transportation, rental of aircraft, conduct of charter flights, tion of flight schools or the carry- ing on of any other service or operation requiring the use of air- craft. 4. The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms and without unjust discrimination. In further- ance of this covnant (but without limiting its general applicability and effect), the Sponsor specifi- cally covenants and agrees: 158 Special Session, April 22nd, 1948 (a) That in any agreement, con- tract, lease or other arrangement under which a right or privilege at the Airport is granted to any per- son, firm, or corporation to render any service or furnish any parts, materials or supplies (including the sale thereof) essential to the opera- tion of aircraft at the Airport, the Sponsor will insert and enforce provisions requiring the contractor: (1) To furnish good, prompt and efficient service adequate to meet all the demands for its service at the Airport. (2) to furnish said service on a fair, equal and non-discriminatory basis to all users thereof, and (3) to charge fair, reasonable and non-discriminatory prices for each unit of sale or service; Pro- vided, That the contractor may be allowed to make reasonable and non-discriminatory discounts, re- bates or other similar types of price reductions to volume pur- chasers. (b) That it will not exercise or grant any right or privilege which would operate to prevent any person, firm, or corporation operating aircraft on the Airport from: (1) Performing any services on its own aircraft with its own em- ployees (including, but not limited to, maintenance and repair) that it may choose to perform. (2) Purchasing off the Airport and having delivered on the Air- port without entrance fee, delivery fee or other surcharge for delivery any parts, materials or supplies necessary for the servicing, repair or operation of its aircraft; Pro- vided, That the Sponsor may make reasonable charges for the cost of any service (including charges for maintenance, operation and depre- ciation of facilities and rights-of- way) furnished by the Sponsor in connection with the delivery of any parts, materials or supplies, And Provided Further, That in the case of aviation gasoline and oil Purchased off the Airport and de. livered to the Airport, the Sponsor may require the aviation gasoline and oil to be stored in specified places, limiting the amount de- livered to the amount of storage space available, and if necessary for the safe and efficient operation of the Airport, require persons furnishing their own aviation Baso. line and oil to utilize such storage„ dispensing and delivery system as the Sponsor may designate. (c) That if it exercises any of the rights or privileges set forth in subsection (a) of this para. graph it will be bound by and adhere to the conditions specified for contractors set forth in said subsection (a). 6. Nothing contained herein shall be construed to prohibit the grant- ing or exercise of an exclusive right for the furnishing of non -aviation products and supplies or any ser- vice of a non -aeronautical nature. 6. The Sponsor will suitably oper- ate and maintain the Airport and all facilities thereon or connected therewith which are necessary for airport purposes other than facili- ties owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for aeronau- tical purposes: PROVIDED, That nothing contained herein shall be construed to require that the Air- port be operated and maintained for aeronautical uses during tem- porary periods when snow, flood, or other climatic conditions inter- fere substantially with such opera- tion and maintenance. Essential facilities, including night lighting systems, when installed, will be operated in such a manner as to assure their availability to all users of the Airport. 7. To the extent of its financial ability, the Sponsor will replace and repair all buildings, structures, and facilities developed under the Project which are destroyed or dam- aged, replacing or restoring them to a condition comparable to that preceding the destruction or dam- age, if such buildings, structures, and facilities are determined by the Administrator to be necessary for the normal operation of the Airport. 8. Insofar as is within its power and reasonably possible, the Spon- sor will prevent the use of any land either within or outside the bound- aries of the Airport in any manner (including the construction, erec- Ys=k Special Session, April 22nd, 1948 159 tion, alteration, or growth of any structure or other object thereon) . which would create a hazard to the landing, taking -off or maneu- vering of aircraft at the Airport, or otherwise limit the usefulness of the Airport. This objective will be accomplished either by the a- doption and enforcement of a zon- ing ordinance and regulations or by the acquisition of easements or other interests in lands or air- space, or by both such methods. With respect to land outside the boundaries of the airport, the Spon- sor will also remove or cause to be removed any growth, structure, or other object thereon which would be a hazard to the landing, taking - off, or maneuvering of aircraft at the Airport, or if such removal is not feasible, will mark or light such growth, structure, or other ob- ject as an airport obstruction or cause it to be so marked or lighted. The airport approach standards to be followed in performing the cove- nants contained in this paragraph shall be these established by the Administrator in office of Airports Drawing No. 672 dated September 1, 1946, unless otherwise authorized by the Administrator. control, which are necessary to the safe and efficient operation of the Airport and which such agency may deem it necessary to estab- lish and maintain at the Airport for such purpose. 9. All facilities of the Airport developed with Federal aid and all those usable for the landing and taking -off of aircraft will be avail- able for the United States at all times, without charge, for use by military and naval aircraft in com- mon with other aircraft, except that if the use by military and naval aircraft is substantial, a rea- sonable share, proportional to such use, of the cost of operating and maintaining facilities so used, may be charged. The amount of use to be considered "substantial" and the charges to be made therefor shall be determined by the Spon- sor and the using agency. 11. After completion of the Pro- ject and during the term of these covenants, the Sponsor will main- tain a current system of Airport accounts and records, using a sys- tem of its own choice, sufficient to provide annual statements of in- come and expense. It will furnish the Administrator with such an- nual or special Airport financial and operational reports as he may reasonably request. Such reports may be submitted to the Adminis- trator on forms furnished by him, or may be submitted in such other manner as the Sponsor elects, pro- vided the essential data are furnished. The Airport and all air records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations, and other instruments, will be available for inspection by any duly authorized representative of the administrator upon reason- able request. The Sponsor will furnish to the Administrator, upon request, a true copy of any such document. 10. The Sponsor will furnish to an civil agency of the United States, without charge (except 11 g h t, heat, janitor service, and similar facilities and services at the rea- sonable cost thereof), such space in airport buildings as may be rea- sonably adequate for use in connec- tion with any airport air traffic con- trol activities, weather -reporting activities, and communications acti- vities related to airport air traffic 12. The Sponsor will not enter in- to any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such trans- action the obligation to perform all such covenants is assumed by another public agency eligible un- der the Act and the Regulations to assume such obligations and having the power, authority and financial resources to carry out all such obligations. If an arrangement is made for management or opera- tion of the airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient powers and authority to insure that the Airport will be operated and maintained in accordance with the Act, the Regulations, and these covenants. 13. The Sponsor will maintain a master plan of the Airport having the ciu rent Ippl-oval of the Adminis• M trator. Such plan Ing areas, approac are Ing areas, indicating present and future proposed development. The Sponsor will conform to such mas- ter plan in making any future im- provements or changes at the Air- port which, if made contrary to the master plan, might adversely af- fect the safety, utility, or effi- ciency of the Airport. 14. (a) The Sponsor will acquire within a reasonable time but in any event prior to the start of any construction work under the Pro- ject, the following property interest in the following tracts of land on which such construction work is to be performed, all of which lands are identified on the survey map which is attached hereto and iden- tified as Exhibit "A"; None. Special Session, April 22nd, 1948 shall show build- I its name, this h as and land- 1948. (b) The Sponsor will acquire within a reasonable time and if feasible prior to the completion of all construction work under the Project, the following property in- terests in the following tracts of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which lands are identified on the survey map which is attached here- to and identified as "Exhibit A"; None. 15. Unless the context otherwise requires, all terms used in these covenants which are defined in the Act and the Regulations shall have the meanings assigned to then herein. PART IV PROJECT AGREEMENT If the project or any portion thereof is approved by the Ad- ministrator and an offer of Federal aid for such approved project is ae cepted by the Sponsor, it is undef- stood and agreed that all airport development included in such pro- ject will be accomplished in accord- ance with the Act and Regulations, the plans and specifications for such development, as approved by the Administrator, and the Grant Agreement with respect to the pro- ject. IN WITNESS WHEREOF, the Sponsor has caused this Project Application to be duly executed in 22nd day Uf April, City of Dubuque (Name of Sponsor) By FRANK VAN DUELMAN Mayor. Opinion of Sponsor's Attorney I hereby certify that all statements of law made in this Project Application and all legal conclusions upon which the representa- tions and covenants contained herein are based, are in my opinion true and correct. JOHN J. KINTZINGER City Solicitor. April 22, 1948. Passed, adopted and approved this 22nd day of April, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, M u r p h y, Thompson, Wharton. Nays—None. Original Notice of Suit of Mildred Chatfield, Administratrix of the Estate of Harold Chatfield, Deceased, Plaintiff, vs. City of Dubuque, Iowa, Defendant, in the amount of $10,000.00 for injuries sustained by Harold Chatfield in a fall on the uneven and rough ac- cumulation of ice and snow in the north crosswalk of Twenty-first ,Str@et and Elm Street, which in- juries resulted in the death of Har- old Chatfield, pileented and read. lcoftI%Oph� moved that the Original Notice of Suit be re- ferred to the City Solicitor. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of the Dubuque Ready - Mix Concrete Co. requesting the Special Session, April 22nd, 1948 161 City Council to order a crossing over the C. M. St. P. & P. R. R. on East Dodge Street, presented and read. Councilman Murphy moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of the Mary Agard Tent No. 35 requesting permission for the holding of a Flag Tag Day on Saturday, June 5th, 1948, pre- sented and read. Councilman Thompson moved that the request be granted. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. J. J. SHEA o� J ^C-it1y rk. Approved 1P.�!t,P�(N(��fVL it 48. Cie _ A1.._ 1.11,11 1. Councilmen j�1f•�••�? . Attest: ..... '.... acry.^ City Ciers Regular Session, May 3rd, 1948 163 City Council (official) Regular Session, May 3rd, 1948. Council met at 7:30 P.M. Present—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Councilman Moffatt moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Mr. Eugene Wright, Attorney, representing the Retail Merchants Bureau presented and read a prepared address in regard to the parking situation in the City of Dubuque, Iowa, and submitted for consideration and discussion the Retail Merchants Parking Plan for the City of Dubuque, Ia. The en- tire set of recommendatons offered by the Retail Merchants Bureau Parking Plan was read in full and an open discussion was held as each recommendation was taken up step by step. RETAIL MERCHANTS BUREAU PARKING PLAN FOR THE CITY OF DUBUQUE IOWA 1. The City Administration should take immediate and effec- tive action to secure: (a) The extension of 100 per cent courtesy by the Police Department of the City of Dubuque to the viola- tors of MINOR traffic, parking and other regulations pertaining to the operation of automobiles. (b) The endoctrination of al City officials charged with the re- sponsibility of law enforcement with the fundamental notion that the purpose of exacting fines for minor traffic violations is law en- forcement, and the general wel- fare and not to increase City reve- nue. (c) The discontinuance of so- called "wholesale arrest drives," such as have been conducted in the past regarding the improper dis- play of license plates. 2. While the occasions are limit- ed, one of the more aggravating complaints has been caused by the practice of the Police Department in its insistence on issuing a ticket for over parking even though its representative may discover such violation at the time when the driv- er is about to remove his car, or is in the act of placing additional funds in the parking meter. We recommend that in cases of this kind such violators be allowed to remove their car or purchase ad- ditional meter time, so long as the traffic officer has not filled out a ticket. 3. It is our understanding that 50 per cent of the proceeds from the parking meters is now being used to pay the meter company for the purchase price of the meters. A portion of the other 50 per cent of the proceeds from the parking meters is being used to take care of the expenses of operation and maintenance of the parking meters and the residue is being placed in the parking meter fund. It is es- timated that the parking meters will be paid for in two years. We believe that the City administra- tion should definitely and officially pledge the monies in the parking meter fund for the sole purpose of acquiring and improving off-street parking lots, thus affording moro economical and long time parking, the final goal being free parking areas. Sections 13 and 14 of City Ordinance 7-1947 are in conflict as to the distribution of funds re- ceived from the operation of the parking meters. Section 13 allocates such funds to the Consolidated Fund; Section 14 allocates such funds to the Parking Meter Fund. We suggest that both Sections 13 and 14 be repealed and that all net receipts from the parking 1 meters be ear -marked for parking; lots. 4. Relative to the assessment of fines for violations of parking regu- 164 Regular Session, May 3rd, 1948 lations we recommend that the City Council adopt a new ordinance embodying in substance the follow- ing: (a) Drivers of vehicles guilty of less than four offenses of over -parking for less than six- ty minutes should be issued a ticket requiring them to report to the Police Headquarters at their convenience but within 24 hours, at which time they be permitted, in lieu of fine, to place a ten cent deposit in a parking meter to be installed at Police Headquarters. (b) Drivers of vehicles guilty of over -parking less than sixty minutes after three occasions and drivers of vehicles guilty of over -parking over sixty minutes shall be issued a tick- et requiring them to appear at Police Headquarters at their convenience but within 24 hours, at which time they be permitted, in lieu of fine, to place a one dollar ($1.00) deposit in the parking meter to be installed at Police Head- quarters. 5. The City Council should imme- diately proceed under authority of Chapter 390 of the 1946 Code of Iowa as revised by the Acts of the 52nd General Assembly as follows: The City should acquire three parcels of real estate in the fol- lowing locations, each of which should be of such a size as will accommodate as many cars as Possible on single level parking: 1. Northwest corner of Fifth and Bluff Streets (approximate- ly 44,000 sq. ft.) 2. The area lying north of Eighth Avenue and extending north- ward to the proposed Robinson Street improvement and bounded on the East by the Telegrapn- Herald property and on the West by University Avenue as now ex- isting or as may be relocated. (Ap. Proximately 36,000 sq, ft.) 3. One of the two following areas: a. The entire half block on White Street, between Eight and Ninth Streets, lying West of White Street. (Approximately 25,600 sq. ft.) b. The entire half block on Iowa Street between Ninth & Tenth Streets, lying East of Iowa Street. (Approximately 25,600 sq, ft.) It is proposed that as quickly as practicable and in no event to ex. ceed twelve months all buildings on these sites shall be removed and the property prepared for sin- gle level parking, improvements to be made in a manner which will lend itself to a future plan for double or three tier parking. Funds for this project can be made available from a revenue bond issue permitted by Chapter 390 of the 1946 Code. of Iowa as re- vised by the Acts of the 52nd General Assembly. Such bonds shall be retired from funds re- ceived from: (a The net revenue from park- ing meters. (b The net revenue received from such parking lots. (c Tax levy not exceeding one. half (1-2) mill per annum against all privately owned business, pro- fessional, commercial and industri- al property within a so-called "benefited district" to be deter- mined by City ordinance. (This tax method of paying off the bond is- sue need only be used if the net revenue from the parking meters and the parking lots is insufficient. The Code of Iowa exempts from this tax levy property within the "benefited district" which is used "solely and only for private family residential puposes.") It is the opinion of the Com- mittee that these revenue bonds should be retired within ten years at which time a similar bond issue might be made for whatever im- provement or additional parking facilities may at such time be deemed necessary. 6. When Dubuque's local parking needs have been satisfied and the cost of these projects completely amortized the same or other off- street equal facilities should be made available for free parking. 7. We recommena an immediate survey of parking in unrestricted business districts because of hard- ships caused by all -day parking in such areas. Respectfully submitted. SPECIAL PARKING COMMITTEE RETAIL MERCHANTS BUREAU By: Thomas M. Stampfer, Chairman Regular Session, May 3rd, 1948 165 Oscar J. Curley C. F. Hartman Edward F. Graham Councilman Murphy moved that an Ordinance be prepared amend- ing Ordinance No. 7-47 by repeal- ing Sections 13 and 14 and sub- stituting therefor provisions for placing the parking meter collec- tions in the parking fund and that the balance remaining therein af- ter payments for the meters, their operation and maintenance be ear- marked for parking lots. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Wharton moved that a policy be adopted allowing vio- lators of overpacking of less than 60 minutes to deposit 10 cents in a parking meter at police headquar- ters providing this to be done with- in two hours after the time indicat- ed on the officer's report of the violation. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Moffatt moved that proceedings be prepared for a pub- lic hearing on the subject of acquir- ing the area comprising the land fronting on Bluff Street between West 5th Street and the Home of the Angels and also the area com- prising the entire half block lying between Iowa Street and the alley first east from West 9th Street to West 10th Street for parking lot purposes. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, C o u n c 11 m e m Moffatt, Murphy, Thompson, Wharton. Nays—None. Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that an immediate survey be made of parking in unrestricted business districts because of hardships caused by all -day parking in such areas. Seconded by Councilman Mr. Herman Lott, Chairman of the Retail Merchants Bureau, ad- dressed the Council thanking the Council for their business -like action in dealing with the Retail Merchants Bureau Parking Plan. Mr. Roland White and Mrs. Lena Pier Millin addressed the Council in regard to the acquiring of park- ing lots and suggesting to the City Council that consideration be given to the areas where no homes are situated so as not to cause the dis- possessing of people and also add to the acute housing shortage. Communication of Pyke John- son, President, Automotive Safety Foundation, extending heartiest congratulations upon the honor your outstanding record has won for the City of Dubuque in the 1947 National Safety Contest, pre- sented and read. Councilman Thompson moved that the com- munication be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Lange's In. surance Agency in regard to the Excavation Bond of Leonard Valen. tine and stating that he no longer needs this bond and asking that said bond be released as of the date of May 21st, 1948, presented and read. Councilman Thompson moved that the request be granted and the Lange's Insurance Agency be notified of the action taken by the City Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Lange's Insur- ance Agency in regard to the Blast- ing Bond of the Linwood Cemetery Association and stating that they no longer need this bond and asking that the bond be released as of 166 Regular Session, May 3rd, 1948 the date of May 16, 1948, presented and read. Councilman Moffatt moved that the request be granted and the Lange's Insurance Agen- cy to be notified of the action taken by the City Council. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of the New York Casualty Company enclosing Revo- cation of Power of Attorney for C. H. Sanner and M. P. Hogan, each as Attorney in Fact, and that in lieu of the above that they are enclosing for filing Power of At- torney, authorizing the execution of certain bonds and undertakings on behalf of the Company when signed by M. P. Hogan, as Attorney in Fact, presented and read. Coun- cilman Murphy moved that the communication be received and the Power of Attorney for M. P. Hogan be placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of the New York Casualty Company enclosing for fil- ing the Power of Attorney authoriz- ing the execution of certain bonds and undertakings on behalf of the Company when signed by C. H. Sanner, as Attorney in Fact, pre- sented and read. Councilman Mof- fatt moved that the communication be received and the Power of At- torney for C. H. Sanner be placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of the Interstate Power Company regarding the let- ter and petition received from stud- ents and employees of Wartburg Seminary for a change in the Mt. Carmel, Fremont Bus Route, and stating that in view of the total number of patrons served by this line and the improved service on this route, over that formerly given, that the Company does not think it advisable to attempt to re- vise this service at the present time, presented and read. Council- man Murphy moved that the com- munication be referred to the City Council for study. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of the Mettel Realty & Investment Co. asking that the City Engineer be authrized to in- vestigate the possibility of con. necting Lots 386 through 392 Ham's Addition with the sewer sys- tem and will appreciate your ad- vices, presented and read. Councilman Murphy moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Moffatt. Carried by thee following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of the League of Women Voters of Dubuque County, by Mrs. Harry Slichter, President, asking permission to use sandwich boards on the streets of Dubuque as a con- spicuous method of calling atten- tion to the final date of registra- tion for the June Primaries, pre- sented and read. Councilman Mur- phy moved that the request be granted. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of Farley & Loetscher Mfg. Co. requesting permission to construct and 8' wide loading dock on the East Sixth Street end of their building, extending the full 100 feet East and West length of it, plus an additional 8' length from the East face of the building to the East face of the present loading dock, to be used for loading and unloading of trucks, also asking Regular Session, May 3rd, 1948 167 permission to erect a canopy 108' long over this dock, projecting out 12' from the South (East Sixth Street) face of the building, and membering with the present cano- py on the East (Jackson Street) side of this building, presented and read. Councilman Wharton moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of C. J. Oliver et al re- questing that Valley Street from Mt. Loretta to Southern Avenue be resurfaced with crushed stone and oiled, also that the catch basins be opened up to take water more promptly into the storm sew- ers and also that a street light be installed at Aspin and Valley Streets so that pedestrians can walk more safely as there is no sidewalk from Riker Street to Southern Avenue, presented and read. Councilman Thompson moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of the Highland Realty Company requesting the issuance of a building permit for the erec- tion of one Lustron manufactured steel home in the City of Dubuque limits, also a communication from Building Commissioner Bandy rec- ommending that permission be granted to the Highland Realty Company for the erection of one Lustron manufactured steel home, presented and read. Councilman Murphy moved that the petition of the Highland Realty Company be received and filed and the recom- mendation of the Building Com- missioner be approved for the is- suance of one permit. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Theodore R. Ellsworth, Commanding Officer 1st Battalion, 133rd Infantry Regiment 34th Division, Iowa National Guard, expressing sincere appreciation and thanks on behalf of the 34th Division, Iowa National Guard, and especially the Guardsmen of Dubuque in regard to the City Council's recent efforts and 100 per cent co-operation toward their new armory, presented and read. Coun- cilman Murphy moved that the communication be received and placed on file. Seconded by Coun- cilman Moffatt. Carried by the fol - following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of Thos. E. Byrne re- questing permission to construct a new sanitary sewer in Bonson Street from the present sewer on Hill Street to McClain Street, said sewer to be constructed in accord- ance with city specifications, rules and stipulations of the City of Dubuque, presented and read. Councilman Wharton moved that the petition be referred to the City Manager to prepare proper proceed- ings. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of John A. Henschel et al, owners of property abutting on Dillon Street, requesting that a schedule be prepared for the im- provement of this street and also for the construction of a sanitary sewer in this street, presented and read. Councilman Murphy moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays—None. Petition of Jas. F. Lee et al re• questing the employment of, and an immediate audit and report of the public finance by a Bonded Certified Public Accountant, of our joint selection, as provided for and according to the provisions of Chap- ter No. II, Paragraphs 11.11 to II. 168 Regular Session, May 3rd, 1948 20 of the 1946 Code of Iowa and further requesting the publication as provided of said audit and re- port in the official daily news- paper, presented and read. Coun- cilman Wharton moved that the petition be referred to the Council for consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of March, 1948, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen. Moffatt, Murphy, Thompson, Wharton. Nays—None. Council Proceedings for the month of December, 1947, present- ed for approval. Councilman Mur- phy moved that the Council Pro- ceedings for the month of Decem- ber, 1947, be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van D u e l in a n, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 30, 1948 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1946, the Civil Service Commission con- ducted an entrance examination on April 16, 1948, for those seeking Positions on the eligible list for ap- pointment on the Fire Department. The following are the names of those who passed the mental and Physical examinations and their names are hereby certified for ap. pointments as members of the Fire Department. NAME AND AVERAGE Eldon C. Weiss, 92.75 per cent William C. Toner, 91.00 per cent Donald F. Brus, 90.00 per cent Raymond A. Kenneally, 90.00 per cent Ivan S. Dow, 85.25 per cent Donald H. Gerken, 77.00 per cent William R. Purcell, 75.50 per cent Robert C. Livermore, 73.25 per cent Robert C. Boland, 72.50 per cent Respectfully submitted, C. S. HARKER Chairman. R. M. BENN E. B. LYONS Commissioners Attest: J. J. SHEA City Clerk. Subscribed and sworn to before me, a Notary Public this 30th day of April, 1948. GERALDINE L. DEMKIER Notary Public Councilman Murphy moved that the report be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. April 30, 1948. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1946, The Civil Service Commission conducted an entrance examination on April 16, 1948, for those seeking positions oil the eligible list for appointment ou the Police Department. The following are the names of those who passed the mental and physical examinations and their names are hereby certified for ap- pointments as members of the Police Department. NAME AND AVERAGE Marcellus J. Kuhle, 91.00 per cent Lawrence C. Derreberry, 89.00 per cent William L. Herber, 87.25 per cent Regular Session; May 3rd, 1948 169 Ralph N. Clemen, 76.50 per cent Respectfully submitted, C. S. HARKER Chairman R. M. BENN E. B. LYONS Commissioners Attest: J. J. Shea City Clerk Subscribed and sworn to before me, a Notary Public this 30th day of April, 1948. GERALD! NE L. DEMKIER Notary Public. Councilman Moffatt moved that the report be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Y e a s—M a y o r Van Duelman, Councilmen Moffatt, Murphy, 4Thompson, Wharton. Nays—None. purchase of City Lots 206, 207 and 208 for parking lot purposes. The Salvation Army representatives in- dicated a willingness to sell the Northerly 257" of City Lot 206 for $10,000.00, which is $2,500.00 above the Real Estate Board ap- praisal. Mr. Thomas M. Stampfer stated that he did not wish to sell the Southerly 257" of City Lot 206 and City Lots 207 and 208 and fur- ther that the appraised price of $25,000.00 on this property was too low. Respectfully submitted, A. A. RHOMBERG. City Manager. JOHN J. KINTZINGER City Solicitor. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap proved the following bonds and de- sire to have your approval on same for filing: PERSONAL Leo J. Clemens, Park Commis- sioner, U. S. Fidelity & Guaranty Co., No. 28210-07-191-48. EXCAVATION H.C. Arnold and Keith S. Jaquette, Western Surety Co. M. L. Gaber Construction Co., U. S. Fidelity & Guaranty Co. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Moffatt moved that the bonds be approved and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Y e a s—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None May 3, 1948. To the Honorable Mayor Dubuque, Iowa. Pursuant to your instructions we negotiated with the owners for the Councilman Wharton moved that the communication of City Manager Rhomberg and City Solicitor Kint- zinger be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. May 3, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: On February 23, 1948 the Coun- cil adopted Resolution No. 39.48 approving the subdivision plat of "Glenview" and prescribing the conditions for its acceptance. Since then the developer, Du- buque Homes, Inc., has requested that the amount of storm sewer previously estimated be reduced and a flowage easement be grant- ed to the city over Lot 7 of Glen- view. I recommend that the attached resolution be adopted. This repeals Resolution No. 39-48 and provides for a shorter length of storm sew- ers and the condition that the city be granted the right to discharge the drains through Lot 7. I recommend that the attached resolution be adopted. This repeals Resolution No. 39.48 and provides a flowage easement be granted to the city over Lot 7 of Glenview. Fince then the developer Dubunue Iio Regular Session, May 3rd, 1948 Homes, Inc., has requested that the amount of storm sewer pre- viously estimated be reduced and for a shorter length of storm sew- ers and the condition that the city be granted the right to discharge the drains through Lot 7. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 86-18 WHEREAS, a plat has been filed by Earl L. Falk, Genevieve Z. Falk and Dubuque Homes, Inc., in which Lot 4 of Mineral Lot 3, Lot 1 of 2 of Mineral Lot 4 and Lot 2 of Min- eral Lot 5 in the City of Dubuque, Iowa, are platted as Glenview, a sub -division in the City of Dubuque, Iowa; and WHEREAS, said plat has been duly examined, investigated and ap- proved by the Planning and Zoning Commission of the City of Dubuqde; and WHEREAS, upon said plat are streets designated as `Blackhawk Drive" and "Fox Drive"; and WHEREAS, the owners have up- on said plat dedicated said streets to the public; and WHEREAS, the City Council has examined said plat and has been fully advised in the matter, finds that said plat conforms to the City Ordinances relating thereto; and WHEREAS, THE City Council further finds that the dedication of "Blackhawk Drive" and "Fox Drive" should be accepted and con. firmed and that said plat should be accepted; and WHEREAS, Blackhawk Drive and Fox Drive are new streets un. improved and this Council is of the Opinion that said streets should be improved by grading, by placing 24" x 6" combination curb r.,nd gutters 26' apart, by surfacing with a 6" macadam base with asphalt wearing surface and by construc- tion of storm water sewers and catch basins; and WHEREAS, the Engineer's esti- mate of the cost for said Improve- ment is as follows: Excavation, 600 c. Y. at $0.75, $450.00; Curved Curb and Gutter, 1,502 1. f. at 2.50, $3,755.00; Straight Curb and Gutter, 594 1. f. at 2.00, $1,188.00; Crushed Stone, 486 c. y. at 3.00, $1,458.00; Asphalt Primer and Seal, 2,800 gal, at 0.15, $420,00; Stone Chips, 50 c. Y. at 3.00 $150.00; 15" R.C.P. Storm Sewer, 175 1 f. at 4.00, $700.00; 12" R.C.P. Storm Sewer, 260 L f. at 3.50, $910.00; Rein. Cone. Catch Basins, 3 at 250.00, $750.00; Rein. Cone. Spillway, 1 at 250.00, $250.00. Estimated Total Cost., .$10,031,00 and; WHEREAS, it is the opinion of this Council that said improvements should be made on or before July 1, 1949; that the plat filed herein be approved upon Dubuque Homes, Inc. filing with the City Clerk a Surety Bond in the sum of $10,031.00 acceptable to the City Council, said bond to insure the completion of the improvements on Blackhawk and Fox Drives on or before July 1, 1949, and said bond to provide for compliance with the provisions of Ordinance No. 23-45, the Subdivi- sion Ordinance of the City of Dubuque, and especially Sec. IV thereof; and WHEREAS, it is necessary to provide for the discharge of the storm water sewers onto and a- cross Lot 7 of Glenview, it is the opinion of this Council that a con- dition of acceptance of this plat shall be that the City of Dubuque be furnished an easement granting the right to so discharge such drainage across said lot, saving the City harmless from any damage that may result therefrom and in which the owners, their successors and assigns agree not to obstruct such drainage flow: NOW THERE- FORE, BE IT RESOLVED by the City Council of the City of Dubuque: Sec. 1. That the previous action taken in this matter by the pas- sage of Resolution No. 39-48 be de- clared null and void and is hereby repealed. IV Regular Session, May 3rd, 1948 171 Sec. 2. That the dedication of "Blackhawk Drive" and "Fox Drive" upon the plat of "Glenview" be and the same are hereby ac- cepted for the purpose for which they are thus dedicated. Sec. 3. That the plat of Lot 4 of Mineral Lot 3, Lot 1 of 2 of Mineral Lot 4 and Lot 2 of Mineral Lot 5 in the City of Dubuque, Iowa, which will be hereafter known as "Glenview" containing Lot 1 to 21 inclusive, "Blackhawk Drive" and "Fox Drive", be, and the same is hereby approved and the Mayor and Clerk are hereby directed to endorse the approval of the City of Dubuque upon said plat, pro- vided: That Dubuque Homes, Inc., sign the written acceptance and agree- ment hereto attached agreeing to comply with all the terms and con- ditions contained in this Resolu- tion, including the filing of a per- formance bond in the amount of $10,031.00 acceptable to the City Council, insuring the completion of the improvements hereinbefore set out, all to be done with the approval of the City Manager. Passed, adopted and approved this 3rd day of May, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Yeas—Mayor Van Duelman, C o u n_c i l m en Moffatt, Murphy, Thompson, Wharton. Nays— None. April 24, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Clara L. Knapp for $1000.00 for personal injuries sustained because of a fall on the east side of Booth Street between Dodge and Curtis. It appears that the sidewalk at the place she fell was in a dangerous condition because of snow and ice thereon. That she incurred doctor bills and hospital bills in an a- mount of about $90.00. That be. cause of the injury she received to her back, she was unable to work for more than a month and lost a- bout $180.00 in wages. That she makes a claim for pain and suffer- ing. That I have discussed the mat. ter with her Attorney and they have agreed to accept $238.10 in settlement thereof. I recommend that this claim be allowed in the sum of $283.10. That a warrant be issued to John L. Duffy, Attorney for Clara L. Knapp. and delivered upon delivery to the City of a release properly executed by claimant. Yours truly, JOHN J. KINTZINGER City Solicitor ACCEPTANCE OF RESOLUTION N O. 86-48 Dubuque Homes, Inc. by authori- ty of its Board of Directors, with full knowledge and understanding all of the terms and conditions of Resolution No. 86-48, hereby ac- cepts the same as adopted and agrees to abide by, comply with and carry out all of the terms and conditions thereof. Executed this 5th day of May, 1948. DUBUQUE HOMES, INC. By C. E. METTEL President A. J. MIHM Secretary. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $283.10 in favor of John I:. Duffy, Attorney for Clara L. Knapp, as set- tlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Se- conded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelmali, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 30, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. V. A. i3ischoff referred to 1110 172 Regular Session, May 3rd, 1948 for consideration, it appears that the accident happened on January 25, 1948, and the claim was filed April 10, 1948. It is provided by the statute of the 1946 Code of Iowa as follows: 614.1 Period of. Actions may be brought within the times herein limited, respectively, after their causes accrue, and not afterwardsf except when otherwise specially declared: 1. In actions for injuries from de- fects in roads or streets—notice. Those founded on injury to the person on account of defective roads, bridges, streets, or side- walks, within three months, unless written notice specifying the time, place, and circumstances of the injury shall have been served upon the county or municipal corpora- tions to be charged within sixty days from the happening of the in- jury. This claim has not been filed in time and under the statute the Council has no jurisdiction and therefore, I recommend that the claim be denied. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. October 22, 1946. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission respectfully recommends to your honorable body granting of the petition of John E. Behlmer as shown on attached plat, at a price agreeable to you. Yours truly, THE DUBUQUE PLANNING & ZONING COMMISSION By RICHARD V. McKAY Secretary. Councilman Murphy moved that the recommendatoin of the Plan- ning and Zoning Commission be approved. Seconded by Council- man Moffatt. Carried by the fol. lowing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 20, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Referring to attached petition of E. G. Riter, 1945 Asbury Street, requesting the rezoning of the dis. trict in which his property is lo- cated, from Single Family to Two Family Classification, the Planning and Zoning Commission respect- fully recommends denial of the petition. The Commission feels that there is no great demand for the change at present, and an ex- amination of the area shows a pre- dominance of nice single family homes which are as a rule too small to be made into two family resi- dences. Yours truly, THE DUBUQUE PLANNING & ZONING COMMISSION By......................................Sec'y. R. V. McKAY Councilman Wharton moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. April 20, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion respectfully recommends to Your honorable body the legal es- tablishment of Platt St. extended to Cardiff St. and the acceptance of the dedication of the necessary land by St. Joseph's Mercy 11001- tal and St. Clara College. Respectfully submitted, THE DUBUQUE PLANNING & ZONING COMMISSION By..............................Sec'Y. R. V. McKAY W, Regular Session, May 3rd, 19:8 173 Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Mr. Thomas H. Nelson, Attorney representing Mr. H. E. Dilworth, addressed the Council entering ver- bal objection to any assessment which might be assessed to the pro- erty of Mr. Dilworth for the pro- posed improvement of Platt Street and Platt Street Extension as this improvement is only for the bene- fit of one of the owners and suggested that the cost of this proposed improvement be assessed to the owners of property who are being benefitted. RESOLUTION NO. 87-48 which dedicated certain property for the extension of Platt Street from the easterly end thereof to Cardiff Street. Passed, adopted and approved this 3rd day of May, 1948. FRANK VAN DUELMAN Mayor. F. W. THMOPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilman Attest: J. J. Shea City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — M.ayor Van Due 1 m a n, Councilmen Moffatt, Murphy, Thompson, Wharton. Whereas, a plat has been made by Carl F. Bartels dated April 2, 1948, subdividing Lot 5 of Mineral Lot 72, owned by St. Joseph Mercy Hospital, subdividing City Lot 732, owned by the City of Dubuque, and subdividing Lot 19 of City Lot 724 in the City of Dubuque, owned by St. Clara College; and Whereas, said subdivision is for the purpose of extending Platt Street from the easterly end of Platt Street to Cardiff Street; and Whereas, said plat has been duly executed by St. Joseph Mercy Hos- pital of Dubuque and St. Clara Col- lege of Dubuque; and Whereas, before said extension of Platt Street can be completed, it is necessary that the City of Dubuque give its consent and dedi- cate Platt Street as shown in said plat as a Street; and Whereas, the City Council being fully informed in the premises finds that the City of Dubuque should execute said plat. Now, Therefore, Be It Resolved by the City COUn- cil of the City of Dubuque: That the Mayor and Clerk of the City of Dubuque be, and they are hereby authorized and empowered for and on behalf of the City of Dubuque to sign and execute the plat above referred to, Nays—None RESOLUTION NO. 88-48 Whereas, a plat has been filed showing the extension of Platt Street from the easterly end there- of over Lot 5 of Mineral Lot 72, City Lot 732 and Lot 19 of City lot 724; and Whereas, said plat has been duly examined investigated and ap- proved by the Planning and Zoning Commission of the City of Dubuque and Whereas the owners of the real estate involved have dedicated said street to the public; and Whereas the City Council has examined said plat and has been fully advised in the matter finds that said plat conforms to the City Ordinances relating thereto and that dedication of Platt Street as extended should be accepted and confirmed and that the said plat should be approved. Now, therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: That the dedication of Platt Street as extended from the easter- ly end of Platt Street now existing to Cardiff Street as shown upon said plat be and the same is hereby accepted for the purpose for which it is thus dedicated and the Mayor and Clerk are hereby directed to en- dorse the approval of the City of Dubuque upon said plat 174 Regular Session, May 3rd, 1948 Passed adopted and approved this 3rd day of May 1948. FRANK VAN DUELMAN, Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilman Attest: J. J. Shea City Clerk. Councilman Thompson m o v e d the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Van D u e l m a n Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 89-48 WHEREAS applications for Beer Permits have been submitted to this Council for approval and the same have been examined; Now, There- fore, BE IT RESOLVED by the Coun. cil of the City of Dubuque that the following applications be grant- ed and the licenses are to be is- sued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Chester J. Lebben and'Margaret Lebben, 2209 Central Avenue. Robert J. Bowen, 1105 Univer- sity Avenue. Merlyn L. Weber, 1904 Central Avenue. George T. Vrotsos and Spiros D. Coven, 605 Main Street. Dell Warren and Ralph Warren, 1700 Central Avenue. Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue. Frank Reis and Kathryn Reis, 509 Eighth Avenue. Martin Meyer and Vernon Meyer, 530 East 22nd Street. CLASS "B" PERMIT For Private Club Navy Club of Dubuque, Ship No. 67, 2417-23 Rhomberg Avenue. Rod and Gun Club of Dubuque, Iowa, 1103 Iowa Street. Dubuque Metal Trades Council Club, 111 West 6th Street. Dubuque Golf Club, End of Ran- dall Place. CLASS "C" PERMIT Earl T. Avery, 1602 Lincoln Avenue. Carl Van Duelman, 590 Seminary Street. Stanley J. Mels, 605 West Locust Street. Passed adopted and approved this 3rd day of May 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 90-48 WHEREAS, Heretofore applica- tions 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Robert J. Bowen, 1105 University Avenue. Merlyn L. Weber, 1904 Central Avenue. George T. Vrotsos and Spiros D. Coven, 605 Main Street Dell Warren and Ralph Warren, 1700 Central Avenue Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue Frank Reis and Kathryn Reis, 509 Eighth Avenue Martin Meyer and Vernon Meyer, 530 East 22nd Street CLASS "B" PERMIT FOR PRIVATE CLUB Navy Club of Dubuque, Ship No.67, 2417-23 Rhomberg Avenue Rod and Gun Club of Dubuque, Iowa, 1103 Iowa Street W_ Regular Session, : Tay 3rd, 1948 1i5 Dubuque Metal Trades Council Club, 11 West 6th Street Dubuque Golf Club, End of Randall Place CLASS "C" PERMIT Earl T. Avery, 1602 Lincoln Avenue Carl Van Duelman, 590 Seminary Street. Stanley J. Mels, 605 West Locust Street. BE IT FURTHER RESOLVED THAT THE BONDS FILED BY SUCH APPLICANTS BE AND ARE HEREBY APPROVED. Passed, adopted and approved this 3rd day of May, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Wharton moved that the matter of constructing sanitary sewers in the Bradley Street Dis- trict and the Cherry -Green Streets Districts be referred to the City Manager and City Solicitor for in- vestigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompeon, Wharton. Nays—None. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. J. J. SHEA City Clerlh Approved,3pMMAA�y•�1 "ouncilmen: {r•••�=�c.�L��....... I Attest: City Clerk. Special Session, May loth, 1948 City Council (OFFICIAL) Special Session, May 10th, 1948. Council met at 7:30 P.M. Present—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Moffatt. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of discussing the legal aspects for the issuance of Revenue Bonds for off street parking and acting on any other business as may proper- ly come before a regular meeting of the City Council. May 7, 1948. John J. Kintzinger, City Solicitor Dubuque, Iowa Dear Sir: Responsive to your request we have examined the provisions of Chapter 206, Laws of the Fifty - Second General Assembly of Iowa, in the light of the proposals re- ferred to in your letter of May 4, 1948. According to our interpreta- tion of this law, the City of Dubu- que would be authorized to issue its revenue bonds for the purpose of acquiring parking lots, such bonds to be secured by net re- venues dirived from the operation of the lots. The fundamental concept of revenue bonds is that they are payable from revenues obtained through the operation of self- liquidating projects and that the taxing power of the municipality cannot be pledged to their pay- ment. It therefore seems to us that the bond proceedings would have to provide that under no circum- stances shall any ad valorem tax or special assessment be levied on any taxable property in the city, whether benefited or not, to pay the bonds or the interest thereon or to pay any part of the cost of operating and maintaining the parking lots. Section 4 of the above named chapter is confusing from the standpoint of whether the bonds may be paid from all of the sources referred to or from only one of such sources. Interference with the normal use of public streets by the installation of parking meters must be justi- fied on the basis of a proper ex- ercise of the police power in the regulation of traffic and .is general- ly condemned, as in the case of Brodkey v. Sioux City, 291 N.W 171, where this device is used as a revenue producing measure over and above the cost of operation and maintenance for regulatory purposes. While we would there- fore be unwilling to permit an out- right pledge of parking meter reve- nues to the payment of the bonds or the imposition of an obligation to charge meter rates sufficient to provide revenues to pay the bonds, it seems to us that the bond proceedings might contain a provision to the effect that if at any time there is found to be a surplus of meter revenues after first providing for the payment of the meters and the operating and maintenance expense in connec- tion with their operation, such sur- plus may be used to the extent per- mitted by law for the payment of operating and maintenance ex- pense in connection with the park- ing lots or for the payment of the parking lot revenue bonds and in- terest. Whether or not the City could successfully market parking lot revenue bonds which are payable from the net revenues available from the operation of such lots would depend to a very large ex- tent upon the engineering study which we assume has been made or is proposed to be made, in- cluding the projected earnings of the system of lots. We have from time to time received other in- quiries covering similar projects throughout the country but have not as yet attempted to draft forms of proceedings in connection therewith nor have we expressed an opinion upon a completed tran- script relating to this type of financing. You should accordingly Special Session, May loth, 1948 177 appreciate that questions other than those hereinbefore mentioned may arise with relation to such projects, which we are unable to anticipate at this time. In reading over the foregoing, please bear in mind that in men- tioning parking meters we refer to street line meters as distin- guished from such meters as might be installed in the parking lots themselves. We will be interested to know your reaction to the fore- going and await your further ad- vices. Very truly yours, CHAPMAN AND CUTLER Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton- Nays—None. Communication of W. R. Goodall, Jr., Chief of Real Estate Division, War Department Office of the Di- vision Engineer, Omaha, Nebraska, requesting that a permit be se- cured for the use of the new Dubuque Airport with concrete run- ways, in order that transient mili- tary aircraft may land upon the field, presented and read. Coun- cilman Murphy moved that the communication be referred to the City Manager to correspond with Mr. W. R. Goodall, Jr., advising him that the City of Dubuque has in effect an agreement with the U. S. Government covering the re- quest as contained in his communi- cation. Seconded by Councilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Council. Seconded by Councilman Thomp. son. Carried by the following vote: Yeas — M a y o r Van Duelman, Council men Moffatt, Murphy, Thompson, Wharton. Nays—None. Attorney Eugene Wright, repre- senting the Retail Merchants Bu- reau, addressed the Council in re- gard to the communication of Chapman and Cutler in the matter of the issuance of revenue bonds for the purpose of acquiring park- ing lots. Mayor Van Duelman re- quested City Solicitor Kintzinger to explain to the Council the con- tents of the letter received from Chapman and Cutler. Council- man Wharton moved that the City Solicitor be requested to confer with the Law Offices of Chapman and Cutler, Chicago, Illinois, rela- tive to the legal problems in con- nection with the financing of off- street parking in the City of Dubuque, Iowa. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Nays—None. Communication of Mrs. L. Freisinger in regard to the garbage collection at her residence located at 850 Wilson Avenue, presented and read. Councilman Wharton moved that the communication be referred to the Health Department for proper adjustment. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Moffatt moved that proper City Officials be author- ized to enter into a written supplemental contract with Margar- et D. McGloughlin and Thomas J. Ryder for the collection of gar- bage in the newly annexed addi- tions of the City of Dubuque by the of of an additional $150.00 semi-monthly for the col- lection of said garbage. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of A. C. Brown, Secretary, Chamber of Commerce, Oelwein, Iowa, suggesting that the towns between Waverly and Dubuque concentrate on getting the seven -mile stretch between 178 Special Session, May ioth, 1948 Edgewood and Colesburg finished and that a meeting should be ar- ranged in Edgewood or Strawberry Point soon to discuss this sub- ject, presented and read. Council- man Wharton moved that the com- munication be referred to the City Manager to ascertain from Mr. A. C. Brown when a meeting is to be held to discuss this subject. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of Al. J. Kellum et al requesting the City Council to in- stitute a one-hour parking regula- tion in the block between Third and Fourth Streets on Main Street during the hours from 8:00 A.M. to 6:00 P.M., presented and read. Councilman Wharton moved that the petition be referred to the Coun- cil. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of H. J. Nacht- man, President, Board of Directors, Independent School District of Dubuque, stating that after several meetings with Mr. Robinson, Mr. Clark, Mr. Rhomberg and Mr. Hart- zog, it was decided that the pro- posed extension of North Grand- view Avenue and Audubon Street extending through the Senior High School site should be rerouted, and advising that the Board of Education desires to express its willingness to co-operate with the City Council by giving permission to locate the right of way on the west side of the Senior High school building, presented and read. Coun- cilman Murphy moved that the com- munication be referred to the Coun- cil for the purpose of holding a joint meeting with the Planning and Zoning Commission to be held at 7:30 P.M. on Friday, May 14th, 1948, for the purpose of discussing the communication. Seconded by Councilman Thompson. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of claim of Martha Marlin in an unstated amount for injuries sustained in a fall on an icy side- walk at the northwest corner of Ninth and Locust Streets, pre- sented and read. Councilman Mur. phy moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the publica. tion of the Financial Report of the City of Dubuque, Iowa, for the fis- cal year ending March 31, 1948, pre- sented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. May 4, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Ray Winders from my investiga- tion I find that Ray Winders fell in an alley in the rear of his home located at 2309 Roosevelt Street, which alley had washed out sometime before. That the matter had been called to the attention of the City and had not been taken care of until the day after he re- ceived his injury. He fell on the ice and slid into this hole, re- ceived a fracture of the left fibula, which required the attention of a doctor, services at the hospital and compelled hien to remain away from his work for 4 1-2 weeks. That the amount oT his actual expenses is $114.75. That he lost wages in the amount of $350.00. That after conference with him, he has agreed to accept $150.00 in full of his claim against the City. Special Session, May loth, 1948 179 I recommend that his claim be allowed in the sum of $150.00 and that a warrant be issued payable to his order in that amount and the same be delivered to him upon delivery to the City of a release properly executed by him. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Ray Winders, as set- tlement in full of his claim, and that said warrant be delivered up- on receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. May 10, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions a survey of parking and traffic con- ditions in the unrestricted areas was conducted by the Police De- partment. Herewith submitted is the report of the findings together with a group of recommendations designed to relieve congestion and to expedite the movement of traf- fic. I recommend that these propos- als be adopted in proper form. Respectfully submitted, A. A. RHOMBERG City Manager. May 6, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached herewith are plans, specifications and requests for building permits to erect two homes in the City of Dubuque. One is a Masterbilt Home built by the J. R. Darrow Company of Polo, Illinois. The other is a Homart Home sold by Sears Roebuck & Co. I have examined the plans and specifications and the homes do not comply in every respect to conven- tional building, but the homes are of sound construction, small but neat in appearance, and I recom- mend that permission be granted for a permit for one each of these homes. Respectfully submitted, DONALD J. BANDY, Building Commissioner. Councilman Wharton moved that the recommendation of Building Commissioner Bandy be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Wharton moved that the recommendation of City Man. ager Rhomberg be approved and the proper proceedings ordered prepared. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Parking and Traffic Recommendations ---1948 1. Because of the many business- es involved and the apparent need for parking turn -over, it is recommended that a one-hour park- ing restriction be placed on vehi- cles on Main Street from Jones Street to 4th Street, and Shields Street from Jones to Main. 2. It is also recommended that a two-hour restriction be placed on vehicles on 1st, 2nd and 3rd Streets between Iowa and Locust Streets. 3. It is recommended that angle parking be prohibited except on the three sides of Washington Park and on 2nd Street between Iowa and Locust Streets, and there only at the angle indicated by the paint- ing of stalls. The exceptions noted a–re the only ones in the downtown re suffi- area w r t tdiagonalidths a parking tient too pPe Igo Special Session, May Loth, 1948 without undue restriction to the use of the street by moving vehi- cles. 4. The areas in front of hotels where parking is prohibited by State Law and City Ordinance should be properly marked and signed. 5. The restriction on parking on certain residential streets where parking is prohibited on one side of the street has proven beneficial to motorists and prevented acci. dents. Certain streets or sections of streets not now included in the ordinance should be added. These are: West side Air Hill Street from University to 8th Avenue; West side Wilson Avenue from Univer- sity to 8th Avenue and Delhi Street (south side) from Allison Place to Grandview Avenue. 6. Since the change in routing of the highway there exists no ap- parent need for West Locust Street to be designated as a through - street. Therefore it is recommend- ed that West Locust from West 17th Street to its westerly ter- minus be removed from the list of through -streets in the City Or- dinance. 7. Instead, because of the greater need caused by heavier traffic and many blind intersections, it is recommended that University Avenue be declared a through - street from its beginning at 8th Avenue to its westerly terminus. May 10, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the terms or Fred E. Bissell and R. V. McKay on the Planning and Zoning Com- mission expire May 24, 1948. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that Mr. Fred E. Bissell and Mr. R. V. McKAY be reappointed as mem- bers of the Planning and Zoning Commission for terms of five years, said terms expiring May 24, 1953. Seconded by Councilman Moffatt, Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. May 10, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: None of the special assessments for the sewer on Muscatine Street against Lots 32 and 33 of Me. Daniel's Park Hill, owned by Os- wald and Clara Holz, have been paid. The present situation is that there is owing against each lot $95.67 in principal amount, $41.08 in interest charges and $3.60 for advertising or a total of $140.35. The owners have now submitted a compromise offer of $200.00 in full satisfaction of the indebtness of $280.70. I recommend that this offer be accepted and that upon the receipt of $200.00 on or before June 1, 1948, that the balance of the deficiency be paid from the Consolidated Fund. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved and that the City Auditor and City Treasurer be instructed according- ly. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Dubuque, Iowa. May 10, 1948. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen: Section 48.4 of the Code of Iowa, 1946, Permanent Registration, pro- vides that the Commissioner of Registration shall appoint the two clerks of election for each Precinct, who shall have charge of the election register. I hereby recommend for your ap- proval the appointment of the fol- lowing names persons to serve as Clerks of Election for each pre- Special Session, May 10tL, 1948 181 cinct, who shall have charge of the election register for the June Primary Election of June 7th, 1948: First Precinct—Democratic, Mrs. Josephine O'Brien; Republican— Mrs. Lillian A. Jones. Second Precinct—Democratic, Mrs. Maretta Donegan; Republican, Mrs. Geo. R. Fox. Third Precinct—Democratic, Mrs. Vera McAllister; Republican, Mrs. Eunice Kilby. Fourth Precinct—Democratic, Mrs. Imelda Brant; Republican, Mrs. Martha Hunt. Fifth Precinct—Democratic, Mrs. Laura E. Hohmann; Republican, Mrs. Sadie H. Trader. Sixth Precinct—Democratic, Mrs. Lillian Fleege; Republican, Mrs. E. G. Forward. Seventh Precinct—D e in o c r a t ic, -Mrs. Cecelia Weber; Republican, Mrs. Alexia Hanley. Eigth Precinct—Democratic, Mrs. Anna M. Weber; Republican, Mrs. Jane Fuhrman. Ninth Precinct—Democratic, Mrs. Belle Leidinger; Republican, Mrs. Edna Widdowson. Tenth Precinct—Democratic, Mrs. Stella Ball; Republican, Mrs. Hattie Donatsch. E l e v e n th Precinct—Democratic, Mrs. Ida Murray; Republican, Carrie Saunders. Twelfth Precinct — Democratic, Mrs. Marie Sand; Republican, Mrs. Elroy Grashorn. Thirteenth Precinct— Democratic, Mrs. Freda Foell; Republican, Mrs. Marguerite Liddle. Fourteenth Precinct— Deomcratic, Mrs. Verona E. Agard; Republi- can, Mrs. Dorothy Bauer. Fifteenth Precinct— Democratic, Mrs. Minnie Lucas; Republican, Mrs. Helen Hohnecker. Respectfully submitted, J. J. SHEA Commissioner of Registration. Councilman Thompson moved that the recommendation of the Commissioner of Registration be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 91--48 Whereas, an Ordinance was a- dopted by the City Council of Dubuque on December 10, 1909 va- cating part of Olive Street and granting the permanent use there- of to W. H. Day, Jr, and his as- signs, and Whereas, it now appears that the City of Dubuque failed to execute a deed to that part of Olive Street so vacated, and Whereas, in order to make of record the intent and effect of the said ordinance, it is advisable that the city convey by quit claim deed that part of Olive Street so vacated, and Whereas, Thomas M. Stampfer and William B. Poinsett III as trustees have acquired by purchase the rights so granted to the said Day to the part of Olive Street so vacated and likewise by pur- chase have acquired the abutting property on both the easterly and westerly sides of Olive Street so vacated. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the Mayor and Clerk be and they are hereby di. rected to execute and deliver the quit claim deed to Thomas M. Stampter and William B. Poinsett III as trustees to the real estate described a follows: All that part of Olive Street which lies between Lot 29 in Far- ley's Subdivision and Lot 3 of the Subdivision of Outlot 687, in the City of Dubuque, Iowa, and ex- tends from Jefferson Street to Wil- bur Street, and which has been va. cated by the ordinance mentioned, and being Lot 3A of City Outlot 687, as shown on the plat filed March 25, 1948, and recorded in Book of Plats 16, Page 246, in the office of the Recorder of Dubuque County, Iowa and the Clerk of the said city is directed to attach to the said deed the seal of the city and the said officers are further authorized and directed to execute the proper ac- knowledgment covering the exe- cution of said deed. Passed, adopted and approved this 10th day of May, 1948. 182 Special Session, May loth, 1948 FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Chief of Police Strub and Recreational Director Luke, advising Council that a traf- fic and safety hazard is created at Comiskey Field by the parking of cars on the East and West sides of said field and recom- mending that parking be prohibited on both the East and West sdies of Comiskey Field, presented and read. Councilman Murphy moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays—None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. J. J. SHEA City Clerk. Approved .. 1949, Adoptee 1949. louncilmen: j .........„ Attest: A.. v City Clerk. Special Session, May .21-111, 1948 183 city Council (OFFICIAL) Special Session, May 24th, 1948. Council met at 7:30 P.M. Present—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Murphy and Thompson. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering an Ordinance a- mending "Traffic Code" of the City of Dubuque by establishing park- ing regulations on additional streets by abandoning certain streets as Boulevards and designating Uni- versity Avenue as a Boulevard, and by repealing ordinances in conflict herewith, and acting on any other business as may properly come before a regular. meeting of the City Council. Councilman Murphy moved that the rules be suspended for the purpose of allowing any one pres- ent, in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays—None. Communication of the Retail Merchants' Bureau advising Coun- cil that at a meeting of the Board of Directors of the Retail Mer- chants Bureau it voted that a letter be addressed to the City Council ex- pressing sincere appreciation of the Retail Merchants Bureau for the prompt and effective action taken by the City Council in connection with taking steps to provide suita- ble automobile parking areas, pre- sented and read. Councilman Mur- phy moved that the communica- tion be received and filed. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. The members of the Planning and Zoning Commission, the mem- bers of the Board of Education and Superintendent of Schools Clark and the members of the City Coun- cil took up and discussed the prob- lem of the location of the proposed highway connecting Audubon Street with Seminary Street, as it affects school property. Various routes were proposed and dis- cussed and no definite location was arrived at. Councilman Murphy moved that the matter of the lo- cation of the proposed highway connecting Audubon Street with Seminary Street, as it affects school property, be referred to the Board of Education for an an- swer at their earliest convenience. Nays — None. LAW OFFICES OF CHAPMAN AND CUTLER CHICAGO, ILLINOIS May 17, 1948. John J. Kintzinger, City Solicitor Dubuque, Iowa Dear Sir: We confirm our verbal advice of last Friday regarding the pro- posed parking lot revenue bonds of the City of Dubuque, Iowa, to the effect that in our opinion au- thority exists for the issuance of revenue bonds for the purpose of acquiring parking lots. Such bonds would be made payable from the net earnings of the parking lots and we believe that the bond proceed- ings may also provide for the use of surplus revenues from street line parking meters, to the extent permitted by law, for the payment of such bonds and interest, when any such surplus may at any timo exist. When the City has received as- surances that these bonds can be successfully marketed in the de- sired amount, we will be glad to assist you in connection with this proposed financing. Very truly Y CHAPMAN AND CUTLER. 184 Special Session, May 24th, 1948 Councilman Murphy moved that the communication be received and made 'a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays—None. Attorney Eugene Wright ad- dressed the Council to ascertain if any bonding company would ac- cept the issue of such revenue bonds as outlined in the communi- cation of Chapman and Cutler and if not, that the City of Dubuque Institute legal proceedings to test the validity of the Statute in the Courts of Iowa. Councilman Thompson moved that the City Solicitor, in con- junction with Attorney Eugene Wright, communicate with bond- ing companies and individuals to ascertain if they will consider the buying of revenue bonds as out- lined in the communication of Chapman and Cutler. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Ordinance No. 11-48. An Or- dinance amending "Traffic Code" of the City of Dubuque, by estab- lishing parking regulations on ad- ditional streets, by abandoning cer- tain streets as Boulevards and de- signating University Avenue as a Boulevard, and by repealing ordi- nances in conflict herewith, pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Mrs. V. A. Bis- choff in regard to her claim, which was filed on April 10, 1948, and which claim was denied on account of not being filed on time, in ac- cordance with the Statute, and ask- ing Council to reconsider her claim, presented and read. Councilman Wharton moved that the communi- cation be received and filed. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of claim of Art Covard in the amount of $16.00, for damages to his truck caused in striking a hole in the street at 1324 Auburn Street, presented and read. Coun- cilman Murphy moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of The Key City Gas Company, submitting claim in the amount of $430.18 for labor, material and service per- formed and furnished in the con- struction of the Kaufmann Avenue Trunk Sewer to Mancini, Ventrella & Sons, contractors, presented and read. Councilman Wharton moved Special Session, May 24th, 1948 185 that the communication be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of claim of Virginia C. Schumacher, Mother and next friend of Janet Schumacher, a minor, in the amount of $30.00 for damages suffered when struck by a stream of water from a fire hy- drant which was situated on East Fourth Street at and near the place where a circus was being held, presented and read. Council- man Murphy moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of the General Memorial Day Committee request. ing Council to take part in the Annual Memorial Day Parade on May 31, 1948, presented and read. Councilman Murphy moved that the invitation be accepted. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of the General Aluminum Supply Corporation in regard to the use of Gasco cast aluminum soil pipe and fittings in all above ground plumbing installa- tions, presented and read. Coun- cilman Wharton moved that the communication be referred to the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Anonymous communication sub- mitting offer in the amount of $50.00 for the strip of land adjoin- ing Lot 167 Finley Addition, on the corner of Avoca and Cherry Streets, presented and read. Coun- cilman Wharton moved that the communication be referred to the Council to view the grounds. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of Louis C. Kol- fenbach stating that he proposes, with the co-operation of the Zon- ing Commission and City Council, to provide for Dubuque a Modern Trailer Camp and stating that he has submitted a petition to the Zoning Commission requesting a change in the classification of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 304 and of Lot 2 of 2 of 1 of 1 of 1 of 1 of Mineral Lot 304 from Single Residence District to Busi- ness District and requesting per- mission to construct an 8 inch sanitary sewer to be connected to Roosevelt Street sewer, and also making application for the ex- tension of the water main for a distance of approximately 600 feet, presented and read. Councilman Murphy moved that the communi- cation be referred to the Council for consideration until such time as a report is received from the Plan- ning and Zoning Commission. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—�l a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of Stampfer Building Company, requesting that the May- or and City Clerk be authorized to execute, in behalf of the City of Dubuque, a quit claim deed convey- ing to them the West fifty feet of May Place as vacated by ordinance adopted December 20, 1921, pre- 186 Special Session, May 2411, 1945 rented and read. Councilman Mur- phy moved that the petition be referred to the City Solicitor to prepare the proper proceedings. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of K—M Construction Company asking that an extension of time be granted from May 19, 1948, for a period of 30 days, in which to complete their contract for the improvement of Gandolfo Street. Councilman Murphy moved that the request be granted, pro- vided the consent of the Bonding Company is secured. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of Karl H. Wirzbach et al requesting that Buena Vista Street be graded as soon as Possible, presented and read. Coun- cilman Thompson moved that the petition be referred to the Council to veiw the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of L. J. Feldman et al, residents of Wilson Street, between 8th Street and University Avenue, requesting that parking be re- stricted to the East side, instead of the West side of the Street, presented and read. Councilman Wharton moved that the petition be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of Mrs. Rarl Reuter et al requesting that a street light be placed at the corner of Sutter and Queen Streets, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of L. J. Hartley, Lion's Club Picnic Arrangement Chair. man, requesting permission to string a banner across Shiras Street at Rhomberg Avenue, said banner to be erected during the period of June 19 to 21, 1948, presented and read. Councilman Wharton moved that the request be granted, the erection of the ban. ner to be under the supervision of the Building Commissioner. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. To the Mayor, City Manager and City Council of the City of Dubuque, Iowa: Gentlemen: Chicago, Milwaukee, St. Paul & Pacific Railroad Company objects to the petition filed by the Ready - Mix Concrete Company to require the Railroad Company to place a crossing over its tracks at Dodge Street, upon the following grounds and reasons: 1. Such a crossing would be a grade crossing which would be an additional and unnecessary hazard. 2. Because of the movable points of the switch to the track which serves International Harvester Com pany, the switch points being with- in the limits of Dodge Street, it would be impossible to provide a plank crossing over tracks within any part of the street which could have a suitable alignment for vehi- cles crossing the track. This is be- cause of the piers of the Iowa - Illinois Bridge which are placed close to the tracks on both the east and west sides and occupy a. considerable portion of the entire width of the street. 3. Because of the bridge pier east of the tracks and the elevated in- dustrial track abutting the south end of the pier, it would be impos- sible to drive a vehicle within the confines of Dodge Street on the south side of the bridge pier. on the north side of the pier, there is insufficient room between the 'pier Special Session, 1\la37 2411, I948 187 and the north line of the street to permit the passage of vehicles. The bridge pier east of the tracks is constructed with a solid con- crete strut between the two piers, and above the ground, which makes it impossible to pass between the two piers. Therefore, it would be necessary to go over private pro- perty to get to the crossing from the east side. Such a crossing could not be used by the public generally and would not satisfy a public necessity, 4. Because of the bridge pier east of the tracks and the above men- tioned movable switch points, any crossing over the tracks would have to be on a sharp curve whicli would divert the attention of the driver of a vehicle from possible approaching trains, and would also place the driver in a position where it would be difficult for him to see trains, especially those ap- proaching from behind him. 5. To the driver of any vehicle approaching from the west, th,- crossing would be totally blind be- cause of the International Harvest- er Company building and the rail- road section tool houses on the north side of Dodge Street, and because of the International Har- vester Company building and load- ing platform on the south side. The bridge piers also obstruct the view as well as make it difficult, if not impossible, to drive through. Approaching from the east. a driv. er would have his view obstructed by the office building of Ready -Mix Concrete Company and by the bridge pier east of the tracks. Freight cars standing on the siding above referred to and on the Illi- nois Central transfer track, which is the first track east of the Mil- waukee main track, would consti- tute a further obstruction to a view of the crossing and would further increase the hazard. 6. The establishment of a cross- ing at this location would invite traffic other than the Ready -Mix Concrete Company trucks. A stran- ger or a person unfamiliar with the dangers involved, in the day time, and even more so in the night time, would find himself whol- ly confused by the bridge piers, the overhead bridge, the curve which would be necessary in cross- ing the hacks, the tracks them- selves, and even if he succeeded in getting safely across the tracks, he would have no place to go when he got across, except to trespass on private property. 7. There is a good crossing at Jones Street, one block north of Dodge Street, which is adequately protected by flasher light signals. 8. The petitioner does not own the property upon which its con- crete plant and office are located but leased the same with full knowledge that it would be neces- sary to use the Jones Street cross- ing. Attached hereto is a booklet con- taining twenty different photo- graphs of the place in question and its surroundings, together with a blue print survey drawn to scale and upon which are yellow figures corresponding with the numbera on the photographs and which show the point where the camera was placed and the direction it was facing when the respective pictures were taken. For all of the reasons above stated, the establishment of a crossing at the point in question in Dodge Street would constitute an unnecessary hazard to life and property involving not only vehi- cles and drivers, but trains and train crews as well, and would be against the public interest, and the petition should be denied. Dubuque, Iowa, May 24th, 1948- CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAL` COMPANY, By Clewell & Cooney Its Attorneys. Councilman Wharton moved that, the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of The Key City Gas Company, submitting the an- nual report for the calendar year 1947, in accordance with Franchise stipulation, presented and read. Councilman Murphy moved that the communication and report be referred to the Council. Seconded 188 Special Session, May 24th, 1948 by Councilman Moffatt. Carried by the following vote: Yeas=Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. Performance Bond of Dubuque Homes, Inc., in the amount of $10,031.00, covering the completion of the improvement of Blackhawk Drive and Fox Drive, on or before July 1st, 1949, in accordance with Resolution No. 86-48, presented for approval, Councilman Thompson moved that the bond be approved and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy. Thompson, Wharton. Nays—None. The Mayor, City of Dubuque, Dubuque, Iowa Appropriation: 1790405 Naval Reserve 1949 Expend. Acct. 45745. Obj. Class, 051, BuPers Acct. 32000 Requisition: BuPers EN4.4000-49. RENEWAL OF GOVERNMENT LEASE You are hereby notified that under the provisions of Paragraph 5 of Government Lease Noy (R) — 40838 with City of Dubuque, Iowa Lessor, d. 1-1-47, covering approxi- mately 0.85 of an acre in Ham's Addition in the City of Dubuque, Iowa, for a Naval Reserve Armory. L16 -65 -Du the United States of America elects to renew the said lease, as the same may have been amended, for the period of one year from and after June 30, 1948, and by these presents does renew, extend, and adopt the said lease and all the terms and conditions thereof for the period beginning July 1, 1948, and ending June 30, 1949. Dated at Washington, D. C. 12 May, 1948, THE UNITED STATES OF AMERICA, By, Jack E. Cochrane By direction of the Chief of the bureau of Yards and Docks, act- ing under the direction of the Secretary of the Navy. Councilman Wharton moved that the Renewal of Government Lease be received and made a matter of record. Seconded by Councilmau Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Ordinance No. 12-48. An Ordi. nance amending Ordinance No. 13. 35 and Ordinance No. 246, which Ordinances provide for inspection and testing of milk intended for public sale and distribution, and ex. acting a charge from. producers and distributors, by striking from said Ordinances all provisions with reference to exacting a charge from producers and distributors, pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second. ed by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended requir- Ing an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. May 15, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Attached herewith are plans of a pre -assembled home known as the GBH -Way Home. Also a request for a building permit to erect same In the 1100 block on Rosedale Ave- nue. I have examined the plans Special Session, May 2411, 19:}8 189 and find it differs from conven- tional construction only in the floor detail. The floor construction is ample and sound, and I therefore recommend that a permit be grant- ed for one home of this type. Respectfully submitted, DONALD J. BANDY, Building Commissioner. Councilman Wharton moved that the recommendation of Building Commissioner Bandy be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. May 13, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of April, 1948, also list of claims and list of pay- rolls for which warrants were is- sued for the month of April, 1948. Also included is a Recapitulation of Receipts and Disbursements for the fiscal year beginning April 1, 1947, and ending March 31, 1948. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Avenue, Policy No, C. A. 5182, The Preferred Accident Ins. Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the bond be approved and placed on file. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. May 24, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policy and de- sire to have your approval on same for filing: TAXI—CAB Black & White, Yellow and Check- er Cab Co., Inc., 410 Eighth Nays --None. May 24, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of April 19th we were instructed to submit a report on the proposed Vernon Heights Subdivision, together with a recommendation of the require- ments upon which approval of such plat would be conditioned. We have examined the plat, the proposed grades and made a field examination of the site. WATER SUPPLY: The higher levels of the proper- ty cannot be reasonably served by the present water distribution sys- tem of the City. It would require the use of an intermediate system, with a range of elevation of 325 to 350 feet, to serve this area. Such a system would involve the Water Department in an c;xpeudi- ture of approximately $175,000.00. It is our recommendation that the City Council determine whether or not an intermediate system be con- structed. STREETS: The field examination shows that serious erosion is taking place on the streets and adjacent lots. This indicates the need for curb and gutter and impervious street surface and some form of storm water drainage system. The pro. posed grade of Maplewood Drive consists of many short tangents following each minor variationshort surface connected by very vertical curves. The dead-end streets do not have adequate Pro- vision for turn-arounds. We recom- mend that, as a condition for the acceptance of the streets in this Igo Special Session, May 24th, 1948 subdivision, that they be provided with curb and gutter, a stone base with an asphalt wearing surface, and that storm drains be installed where needed. We further recom- mend that the proposed grades be altered, which we feel can be done without materially increasing the grading quantities and that turn- arounds of at least 30 feet radius be required on the dead-end streets. SANITARY SEWER: Sanitary sewer facilities can be constructed by connecting to the existing sewer in Roosevelt Street. We recommend that approval of the plat be conditioned upon pro- vision being made for such sani- tary sewers to serve the lots in the subdivision. *�s** In making the above report and recommendations we are aware that a considerable outlay is in- volved. In order to assist the de- veloper we feel that the Coun- cil might properly set completion dates for the work outlined above several years in the future and in the meantime safeguard the public interest by requiring the deposit of a surety bond to insure the ultimate completion of the neces- sary improvements at such future dates. Respectfully submitted, ..... ....... I .......................... A. A. RHOMBERG, City Manager. R. J. GALLAGHER, City Engineer. .......................................... J. J. HAIL, Superintendent of Water Department, Councilman Murphy moved that the report and recommendations of City Manager Rhomberg, City Engineer Gallagher and Superin- tendent of Water Department Hail be approved. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 92-48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a 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 AND ADDRESS R. Daniel Winders, 2204 Central Avenue. John J. Ludescher, 1897 Seminary Street. John Henkel and Alma Henkel, 2222 Central Avenue. BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 24th day of May, 1948. FRANK VAN DUELMAN Mayor, GEO. R. MURPHY F. W. THOMPSON ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Moffatt moved the a. doption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 93-48 WHEREAS, aplications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED that the Coun- cil of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this city. CLASS "B" PERMIT NAME AND ADDRESS John Henkel and Alma Henkel, 2222 Central Avenue Dubuque Cycle Club, 720 Iowa St., (Transfer of address from 111 West Sixth St.) CLASS "C" PERMIT R. Daniel Winders, 2204 Central Avenue. Special Session, May 24th, 1948 191 Passed, adopted and approved this 24th day of May, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 94-48 WHEREAS, heretofore applica- tions 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager lie and he is hereby direct- ed to issue to the fol owing named appiica.lLs a L'eer Permit. CLASS "B" PERMIT NAME .P_ND John Henke'. an.' Alma Henkel 222: C,. -. CLASS "B" PERMIT F0'—, PP,IVATE CLUB Dubuque Cyc,z� Club, 120 Iowa St., addi(;P_, f,om ]11 West S'xth St.) CLASS "C" PERMIT R. Daniel Winder 2201 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by ttich appii- cauts be and the same are hereby approved. Passed, adopted and approved this -24th day of May, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEORGE R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk, Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas—Mayor Van Due 1 m a n, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 95-48 Whereas, Thos. E. Byrne and Jos- eph Oberhoffer have filed an ap- plication with the City Council re- questing permission to construct a sanitary sewer in Bonson Street from the present sewer in Hill Street to McClain Street, under certain stipulated conditions: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That permission be, an the same is hereby granted to Thos. E. Byrne and Joseph Ober- hoffer to construct a sanitary sewer in Bonson Street from the present sewer in Hill Street to McClain Street. Section 2. That the construction of said sewer, which includes the type and size of pipe and location thereof, shall be done only under the supervision of the City Engi- neer. Section 3. That the total cost of the construction of said sewer shall be paid by Thos. E. Byrne and Joseph Oberhoffer, and no part thereof shall be borne by the City of Dubuque. Section 4. That after said sewer has been laid and completed, the street shall be put back in as good condition as it was before it was torn up for the purpose of re- ceiving said sewer, at the cost of Thos. E. Byrne and Joseph Ober- hoffer and said Thos. E. Byrne and Joseph Oberhoffer shall be held responsible for any and all damage which may arise out of the con- struction thereof, failure to proper- ly guard the excavations and re- store the street to the condition it was in before the construction be- gan. Section 5. That after said sani- tary sewer has been constructed, all persons living along and adjacent to said sewer shall have the right to connect therewith, but such right shall only be granted upon proper aPPlication being made to 192 Special Session, May 24th, 1948 the City Council and by paying to Thos. E. Byrne and Joseph Ober- hoffer, their successors or assigns, or depositing in the office of the City Clerk for Thos. E. Byrne and Joseph Oberhofer; the applicants proportionate part of the cost of constructing said sewer based on the lineal frontage of his property abutting on said street, but in no event shall the amount to be paid by applicant exceed the amount that may be levied under law for the construction of said sewer. Within 60 days after the comple- tion of said sewer applicant shall file with the City Clerk a state- ment under oath showing an item- ized account of the cost thereof. Section 6. That this Resolution shall be effective and in force and effect from and after its passage and adoption by the Council, and written acceptance thereof by ap- plicant. Passed, adopted and approved this 24th day of May, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. ACCEPTANCE OF RESOLUTION Thos. E. Byrne and Joseph Ober- hoffer, having read the foregoing Resolution, and having full know- ledge of the terms and conditions thereof, hereby accept the same as adopted, and agree to comply with all the terms and conditions, and assume all liabilities imposed upon them, including those set forth in Section 4. Executed this .2'*�1dday of. aJoXillPLl'y, Thos. E. Byrne, Joseph Councilman Murphy moved the adoption of the resolution. Second. ed by Councilman Thompson. Car. ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. J. J. SHEA City Approved Adopted C f IG Clerk. ?...., 949. 3... 49. 1949. F. Oberho°pe. Councilmen: ✓.... o u.'.. T i../ 17 G City QClerk �� I�. Attest: .......... ... ..,7.�.1�(I�%.v. – r Special Session, June Tst, 1948 193 City Council (OFFICIAL). Special Session, June 1st, 1948. Council met at 7:30 P.M. Present—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Murphy. Mayor Van Duelman read the call and stated that service thereof had been fully made and that this meeting is called for the purpose of considering for final adoption Ordinance No. 11-48. An Ordinance amending "Traffic Code" of the City of Dubuque by establishing parking regulations on additional streets, by abandoning certain streets as Boulevards and desig- nating University Avenue as a Boulevard, and by repealing ordi- nances in conflict herewith and act- ing on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved that John J. Kintzinger act as Cleric of the Council meeting, the regular Clerk being absent. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Ordinance No. 11-48. An Ordi. nance amending "Traffic Code" of the City of Dubuque by establish- ing parking regulations on addi- tional streets, by abandoning cer• tain streets as Boulevards and de. signating University Avenue as a Boulevard, and by repealing ordi- nances in conflict herewith, saii, ordinance having been passed upor first reading on May 24th, 1948 ani ordered placed on file with the City Clerk for public inspection for at least one week before fina adoption, was presented for fina adoption. ORDINANCE NO. 11.48Traffi An Ordinance amending Code" of the City of Dubuque b: establishing parking regulations of additional streets, by abandoning cer tain streets as Boulevards and desig nating University Avenue as a Bouts ,ard, and by repealing ordinances in ,onflict herewith. Now, Therefore, 3e It Ordained by the City Council of the City of Dubuque: Sec. 1. That (d), Rule 108, Par. 736, Sec. 1 of Ordinance No. 1-39, as emended by Ordinances No. 11-47, No. .6-47 and No. 20-47 be and the same s hereby amended as follows: Sec. 1. By adding after subdivi- sion i, Sec. 1 of Ordinance No. 11-47 :he following: k. Both sides of Main Street from Tones Street to Fourth Street. 1. Both sides of Shields Street from Tones Street to Main Street. Sec. 2. By adding after h, subdi- vision 2, Sec. 1 of Ordinance No. 11-47 the following: 1. Both sides of First Street from Iowa Street to Locust Street. J. Both sides of Second Street from Iowa Street to Locust Street. k. Both sides of Third Street from Iowa Street to Locust Street. Sec. 3. By adding after subdivi- sion m and immediately after the words "West 5th Street" Sec. 4 of Ordinance No. 20-47 the following: n. On the west side of Air Hill Street from University Avenue to Eighth Avenue. ().On the west side of Wilson Ave- nue from University Avenue to Eighth Avenue. p. On the south side of Delhi Street from Allison Street to Grandview Avenue. Sec. 4. By striking subdivision D, RULE (98), XIII. Boulevards. Ordi- nance No. 10-37 the following: "thence on West Locust Street to Seminary Street, thence on Seminary Street to St. Ambrose Street, thence on St. Ambrose Street to Asbury Street, and thence on Asbury Street to the North line of Delhi." Sec. 5. By adding to RULE (98), XIII. Boulevards. the following: M. University Avenue from where it intersects with Eighth Avenue to its terminus at the city limits. Sec. 6. Any and all ordinances or parts thereof in conflict herewith are hereby repealed. Sec. 7. This Ordinance shall be in force and effect ten days from and and after its final passage, publication as provided by law. Passed upon first reading this 24th day of May, 1948. Passed, adopted and approved upon final reading this 1st day of June, 1948. FRANK VAN DUEL Mayor F. W. THOMPSON, GEO. It. MURPHY, ALBERT WHARTON, W. W. MOFFAT Councilmen Attest: J. J. SHEA, City Clerk. Published officially in The Tele• graph-tlerald newspaper this 4th dar of June, 1948. 6-4-1t J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Moffatt. Car. ried by the following vote: Yeas—M a y o r Van melman, Councilmen Moffatt, Murphy, Thompson, Whatton. Nays—None. 194 Special Session, June ist, 1948 Ordinance No. 12-48. An Ordinance amending Ordinance No. 13-35 and Ordinance No. 2.46, which Ordi- nances provide for inspection and testing of mills intended for public sale and distribution, and exacting a charge from producers and dis- tributors, by striking from said Or- dinances all provisions with refer- ence to exacting a charge from producers and distributors, said ordinance having been passed up- on first reading on May 24th, 1948 and ordered placed on file with the City Clerk for public inspection for at least one week before final adoption, was .presented for final adoption. ORDINANCE NO. 12-48 Au Ordinance amending Ordinance Na. 13-35 and Ordinance No. 2-46, which Orclinnnces provide for in- speciinn said testing of milk intended fr,r pnl,,nc sale and distribution, and exacthig o charge from producers and distributors, by striking from said OI•dinances all provisions with refer- ence to exacting a charge from oro- ducers and distributors. Now. Wherefore , 131: 11' ORD41NED BY THE CITY C()UNCJI. OF THF. CITY OF D1J- RltQCJF: >;ec. I That Ordinance No. 13-35 i,e and the same is hereby amended Ny striking therefrom Par. 547, Sec - limn 5. Rec. t That Ordinance No. 2-46 be and the same is hereby amended by stril:iagtherefrnni Section I. ties. :3. Tit is clrclinance shall be in farce and effect ten drays from and after its final prr ;ir, adoption and iniblication as provided by law. Passed utmn first reading this 24th day or >l,.y. 1sa8. adopted and approved upon final rending this let clay of Jun,-, 1448. FRANK VAN DUELMAN, P. W. THOMPSON Mayor. 4FO. R. HURPHY ALBERT WHARTON W.W. MOFFATT Councilmen. Attest: F. J. SHEA, City Clerk. Published officially in The Tele- 1-rapli-Flerald newspaper this 4th day cf June, 1948. �. .I. SH EA, t"`3 -It City Clerk. Councilman Wharton moved the adoption of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Wharton moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wish. es to do so, to address the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of Claim of Barbara Boyes in the amount of $15.98 for damages received as a result of being struck by water from a fire hydrant on Fourth Street Exten- sion, presented and read. Council- man Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of Claim of D. F. Ward, M. D. in the amount of $35.40 for damages received as a result of water from a fire hydrant on Fourth Street Extension, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of Claim of Paul M. Sowle in the amount of $0.50 for damages received as a result of being struck by water from a fire hudrant on Fourth Street Extension, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of Claim of Dwight D. Bonham, Captain, Infantry U.S. Ar- my, in the amount of $99.68 for damages received as a result of water from a fire hydrant on Fourth Street Extension, presented Special Session, June 1st, 1948 195 and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for in- vestigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—May o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of Walter Duccini et al requesting the rezoning of the property on Rhomberg Avenue in the vicinity of Lots 312 and 313 in Eagle Point or Ham's Addition from the present two family resi- dence district to a local business district, presented and read. Coun- cilman Murphy moved that the pe- tition be referred to the Planning -and Zoning Commission for their recommendation and report. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays—None. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn dur- ing the month of April, 1948, pre- Lented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton- Petition of Nick Kramer request- ing a refund in the amount of $100.00 on the unexpired portion of his Class "B" beer permit No. 137, presented and read. Council- man Moffatt moved that the re- quest be granted and the City Auditor instructed to draw a war- rant in the amount of $100.00 in favor of Nick Kramer to cover the amount of refund granted on the unexpired portion of his Class "B" beer permit No. 137. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Communication of the United States Fidelity & Guaranty CO., by J. Allen Wallis, Attorney-in- fact, consenting to the thirty days extension granted to the K—M Con- struction Company for completion of their contract for the improve- ment of Gandolfo Street from the north. curb line of St. Joseph Street to the south curb line of Lombard Street with concrete curb and gutter, presented and react. Nays—None. May 26, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Dear Sir: With reference to the claim of the Key City Gas Company against Mancini, Ventrella & Sons, 912 West Taylor Street, Chicago, Illinois, in the construction of the Kaufmann Avenue sewer in the sum of $430.18, which has been sub- mitted to me. This is a matter of determination between the Key City Gas Company and the Man- cini, Ventrella & Sons. The City has no right to allow and pay the money of the Contractor as claimed. I recommend that $430.18 be withheld from monies due the Con- tractor and the same be paid out upon Order of Court or written a- greement of the parties filed with theCity. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City Soli- citor Kintzinger be approved and the City Auditor instructed ac- cordingly. Seconded by Council- 196 Special Session, June 1st, 1948 man Wharton. Carried by the fol- lowing vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. May 26, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: In accordance with your direc- tion I have forwarded the attached letter in reference to the purchase of revenue bonds for the purpose of acquiring parking lots to the following named parties: Richard Kolck, Jr., 6th Floor, B & I Bldg., Dubuque, Ia. Priester & Co., Davenport Bk. Bldg., Davenport, Ia. Quail & Co., Davenport Bk. Bldg., Davenport, Ia. Veith, Duncan & Wood, Daven- port Bk. Bldg., Davenport, Ia. White Phillips Co., The First Nat'l. Bk. Bldg., Davenport, Iowa Central Republic Co., Insurance Exchg. Bldg., Des Moines, Iowa Graefe & CO., Equitable Bldg., Des Moines, Iowa T. C. Henderson & Co., Empire Bldg., Des Moines, Iowa Iowa Des Moines Nat'l. Bk. & Trust Co., 6th & Walnut, Des Moines, Iowa McCrary, Dearth & Co., Des Moines Bldg., Des Moines, Ia. A. C. Allyne & Co., Waterloo Bldg., Waterloo, Iowa John Muveen & Co., 135 So. LaSalle, Chicago, Illinois Harris Trust & Say. Bk., 115 W. Monroe, Chicago, Ill. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the communication of City Solici- tor Kintzinger be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. DEPARTMENT OF COMMERCE Civil Aeronautics Administration 215 Jewett Building Des Moines 9, Iowa June 1, 1948 Honorable George R. Murphy Mayor of Dubuque Dubuque, Iowa Subject: Dubuque, Iowa, Munici. pal Airport CAA Project No. 9.13- 020-8 Approval of Plans and Specifications My Dear Mayor: The plans, specifications and supporting documents for the a. bove subject project have been re- viewed and approved by this ad ministration. Please consider this letter your authority to advertise this project for bids. It is requested that; this office be advised of the date and hour bids will be opened. Very truly yours, PAUL V. ROBERTS District Airport Engineer. Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. June 1, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached are the plans, specifica- tions, form of contract and pre- liminary estimates including all i- tems of material and work re- quired to construct the first unit of a Terminal Administration Building at the Municipal Airport including the plumbing and heat- ing, electric wiring, well installa- tion and sewage disposal system. The probable total cost of this improvement is $60,000.00. I consider that 180 working days after the date of the contract as sufficient to complete these im- provements. Respectfully submitted, A. A. RHOMBERG, City Manager. Special Scssiun, June ist, i948 197 Councilman Wharton moved that the communication of City Man- ager Rhomberg be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 96-48 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the proposed plans, specifications, form of contract and all other documents attached hereto pertaining to the construc- tion of the first unit of the Ter- minal Administration Building at the Municipal Airport are hereby approved and ordered filed in the office of the City Clerk for public inspection and are to be considered a part of this Resolution. Passed, adopted and approved this 1st day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas —M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 97-48 BE IT RESOLVED that on the 14th day of June 1948 a public hear ing will be held at 7:30 o'clock P.M. in the Council Chamber in the City Hall at which time and place any and all persons interested may appear and make objection to the proposed plans, specifications, contract for or cost of the im- provement. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in the official newspaper at least ten days before said hearing at which hearing the Council will hear any objections and any evidence for or against the same and enter on record its decision thereon. Passed, adopted and approved this 1st day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec. onded by Councilman Moffatt. Car- ried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. WHEREAS, the City Council of the City of Dubuque, Iowa has by Resolution No. 96-48 given its Preliminary approval of the pro- posed plans, specifications and form of contract and placed the same on file in the office of the City Clerk for public inspection for the construction of the first unit of a Terminal Administration Building at the Municipal Airport including the plumbing and heat- ing, electric wiring, well installa- tion and sewage disposal system'. NOW, THEREFORE, RESOLUTION NO. 98-48 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to Resolution No. 96-48, which was duly passed by this Council providing for the construction of the first unit of a Terminal Administration Building at the Municipal Airport with the necessary appurtenances be and the same are hereby ordered con- structed according to the plans and specifications heretofore a- dopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said improvements nt and d for Ithe bala art by C.A.A. grant ce from the Airport Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to wo- 198 Special Session, June 1st, 1948 advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law and said improvements shall be completed within 180 working days from the date of commencement which shall be specified in a written notice to proceed by the City Manager. BE IT FURTHER RESOLVED that this Resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its adoption by the City Council. Passed, adopted and approved this 1st day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Moffatt. Carried by the following vote: Yeas—M a y o r Van Duelman. Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. J. J. SHEA City Clerk. Approved ............................. 1949. Adopted ............ 1949. Councilmen I....................... ............... Attest: ................................................ City Clerk. WPI Regular Session; June 7th, 1948 199 City Council (official) Regular Session, June 7th, 1948. Council met at 7:30 P.M. Present — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, City Manager Rhomberg. Absent — Councilman Wharton. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Councilman Thompson 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 Moffatt. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Plaque and certificate be accepted by the City Council on behalf of the City of Dubuque, Iowa. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Moffatt, Murphy, Thomp- son. Nays—None. Absent—Councilman Wharton. Notice of Claim of Magdaline Noel in an unstated amount for in. juries sustained in a fall on a de- fective sidewalk in Washington Park, presented and read. Council- man Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded ' by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Nays — None. Absent — Councilman Wharton. Mr. Howard Koons addressed the Council, submitting verbal request that he be granted permission to es- tablish and operate an auction house in the downtown area. Coun- cilman Murphy moved that the ver- bal request of Mr. Howard Koons be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelinan, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Mr. H. C. Holloway, President of the Dubuque Safety Council ad- dressed the Council and presented a plaque awarded to Dubuque for first place honors in the national traffic safety contest last year also Mr. I. A. Lowell, of the Iowa de- partment of public safety, address- ed the Council and presented the state certificate awarded to Dubu- que for first place honors in the traffic safety contest last year. Councilman Moffatt moved that the Notice of Claim of Mrs. A. H. Hammerand in the amount of $70.96, for damages and injuries caused by being struck by the flow of water from a hydrant in the vicinity of Fourth Street Ex- tension near the entrance of the Mills Bros. circus, Presented nd read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Communication aking Theof Key yfili City Gas Company, ng claim in the sum of $628.78, for labor, material and service per- formed and furnished to Mancini, Ventrella & Sons, in the construc- tion of the a publics in prove - venue Trunlc Sewer, ment in the City of Dubuque, Iowa, presented and read. Councilman :14urphy moved that the comniu i - cation be referred to the City for and report. Seconded investigationyilnn ThomP- 200 Regular Session, June 7th, 1948 son. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Communication of the Hawkeye Casualty Company, advising Council that the Excavation Bond of Mau- rice Hill is not needed for the com- ing year and asking that said bond be considered not in force after June 24, 1948, presented and read. Councilman Murphy moved that the request be granted and the Bonding Company to be so notified. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Communication of Tom C. Clark, Attorney General, Washington, D.C. calling attention to a national cam- paign, based on the program of community conferences, recom- mended by the National Confer- ence on Prevention and Control of Juvenile Delinquency and also ad- vising that the Theatre Owners of America also plan to celebrate a "Salute to Youth Month" in Sep- tember, 1948, and stating that the officers of the National Conference join me in hoping that the Mayor will give this movement effective leadership in co-operation with all groups in the community, presented and read. Councilman Thompson moved that the communication be referred to the Mayor. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Communication of Fletcher Bowron, President, The American Municipal Association, asking the Mayor to lend the prestige of his office and leadership to the attack on juvenile delinquency, being con- ducted by the National Conference on Prevention and Control of Ju- venile Delinquency, also asking the Mayor to appoint a local confer- ence steering committee and to set a date in September, 1948, for the holding of a local conference, ATe. sented and read. Councilman Mur- phy moved that the communica. tion be referred to the Mayor. Seconded by Councilman Thomp. son. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton Communication of The Interna- tional City Managers' Association extending invitation to have the City of Dubuque represented at the Annual Conference of the In- ternational City Managers' associa- tion to be held at Mackinac Island, Michigan, September 12-18, pre. sented and read. Councilman Mur- phy moved that the communica. tion be referred to the City Coun- cil and City Manager. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton Communication of Paul J. Beck- er, Offocial in Charge, U.S.Weather Bureau, stating that the Regional Director of the Weather Bureau has asked that the Council be ad- vised that the Weather Bureau is willing to co-operate in any way feasible, and that action to move the weather services to the Air- port will be at Council request, and further stating that if a weather Office is to be included in present plans for the first unit of an Ad- ministration Building, it could be limited to 600 square feet of space, presented and read. Councilman Murphy moved that the communi- cation be referred to the Council for consideration. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Regular Session, June 7th, 1949 sot Communication of Robert H. Kintzinger, submitting a petition from property owners or residents in or about the vicinity of the 2300 block on St. Ambrose Street, in re- gard to the condition of the alley connecting St. Ambrose Street and Ungs Street, presented and read. Councilman Thompson moved that the communication be re- ceived and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Petition of Clarence Hagge et al, property owners or residents in the vicinity of the 2300 block on St. Ambrose Street, requesting that the alley connecting St. Ambrose Street and Ungs Street be exam- ined by proper authorities and be properly graded and placed in prop- er condition for foot and vehicular travel, presented and read. Coun- cilman Thompson moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Board of Education. Dubuque, Iowa, June 3, 1948. Honorable Mayor, City Council, and Members of the Planning and Zoning Commission Dubuque, Iowa Gentlemen: At the joint meeting held May 24, 1948, the matter of the location of the proposed highway between Audubon Street and Seminary Street was thoroughly discussed by the City Council, the Planning and Zoning Commission, and the Board of Education. We were then ad- vised that the City Council desired an expression of our views and a reply to :he question of such loca- tion. This letter is in answer to that request. The Board of Education held a special meeting on May 7, 1948, to consider this particular problem. I was directed at that time to call the attention of the Council to the following conclusions: Nays — None. Absent — Councilman Wharton. Petition of Carl W. Peterson in regard to the dust condition which is unbearable, coming from the un- paved ramps which connect the northwest hill section with the re- located No.20 Highway via of South Algona Street, and requesting that oil be placed on this street, pre- sented and read. Councilman Mur. phy moved that the petition be re- ferred to the Council to view the grounds. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. (1) We have been advised by experts in the field of school and playground facilities that the loca- tion of a highway bisecting school grounds with terrain such as ours would work an irreparable damage to the proper use of the facilities and to the possibilities for future development. (2) It would create a major traffic hazard to the students at. tending Senior High School by hav- ing to cross the main thorough- fare in order to attend classes in the proposed gymnasium, technical addition, and playground facilities. (3) It would prevent adequate extension of the present Industrial Arts Building by the addition of the proposed technical unit, and the location of the combination gymna- sium—auditorium. (4) We suggest that an engineer- ing survey and study be made. It is our belief that this will show the best route to be on the west side of the Senior High School (5) To fully co-operate with the City Council and provide a new ar- tery of travel, I have been author- ized by the Board of Education to make available the right-of-way a- round the west side of the Senior High School Building and football field as out -lined above. 202 Regular Session, June 7th, 1948 It is the intent .of the Board of Education that this, as well as any other matter of mutual concern be determined in the interest of the general public, whom we all serve. Sincerely yours, H. J. NACHTMAN President. Councilman Thompson moved that the communication be re- ceived and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Petition of the Lions Club, by F. W. Aschenbrener, President, re- questing permission to erect Lion road signs on all the highways leading into the City of Dubuque, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. . Nays — None. Absent — Councilman Wharton. Petition of Veterans of Foreign Wars, Leo A. Schwind Post No. 508, requesting permission for the holding of their Buddy Poppy Sale on Friday evening, Sept. 24th, and all day Saturday, Sept. 25th, 1948, Presented and read. Councilman Moffatt moved that the request be granted. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas— Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Communication of Robert L. Lar- son, Attorney General of Iowa, ex- tending invitation to have the Chief of Police or some member of the Police Force to attend the annual Peace Officers, Short Course to be held at Iowa City commencing June 21st, presented and read. Councilman Murphy moved that the communication be referred to the City Manager and Chief of Police. Seconded by Coun- cilman Thompson. Carried by the following ,vote: Yeas -- Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Communication of the National Institute for Traffic Training re- questing that qualified officers at- tend the traffic course at North. western University July 5-23, 1948, presented and read. Councilman Thompson moved that the com- munication be referred to the City Manager and Chief of Police. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Application of The Key City Gas Company to the Iowa State Highway Commission for per- mission to lay a gas main to Glen- view Subdivision south of Grand- view Avenue and east of High- ways 161, 151, and 52 in the City Limits of Dubuque, Iowa, location to be 10 feet from east edge of paving, presented and read. Coun- cilman Murphy moved that the ap- plication be approved and the High- way Commission to be notified that the City Council has no objection, providing that the gas main is in- stalled so as not to interfere with the present water main. Seconded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Report of the Board of Review for the year 1948 presented and read. Councilman Thompson moved that the report of the Board of Review for the year 1948 be re- ceived and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. T Regular Session, June 7th, 1948 203 May 29, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: With reference to petition of Mr. Carl V. Riley, requesting vacation of part of Platt St., the Planning and Zoning Commission respect- fully recommends denial of same, and at the same time suggests to your Honorable Body the pro- posed pavement of Platt Street, between James and Cardiff Streets be made 20' in width and placed in the center of the Platt Street right-of-way. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By: R. V. McKAY, Sec'y. Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved and also that the sug- gestion of the Planning and Zoning Commission be made a matter of record and the proper proceedings ordered prepared. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. June 2, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Art Covard of $16.00 for damages caused to his car when the rear wheel dropped in a hole at 1324 Auburn Street on or about May 6, 1948, from my investigation it appears that there was a hole in the street sufficiently large to cause the damages complained of, that members of the Street Depart. ment saw this hole and saw the damages caused to the Covard car, that the actual costs for damages to the car amounted to $16.00. I recommend that this claim be paid in the amount of $16.00 and that a warrant be delivered to him in that amount upon delivery to the City of a release properly executed by him. Yours truly, JOHN J. KINTZINGER City Solicitor. RrTI Councilman Murphy moved that the recommendation of City Soli- citor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $16.00 in favor of Art Covard, as settle- ment in full of his claim, and that said warrant be delivered upon re- ceipt by the City of Dubuque of a properly executed release. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: Enclosed please find for your consideration letters received from: A. C. Allyn and Company, Chi- cago, Illinois. Central Republic Company, Chi. cago, Illinois. Harris Trust and Savings Bank, Chicago, Illinois. Hornblower & Weeks, Dubuque. Iowa. John Nuveen & Co., Chicago. Illinois. Vieth, Duncan & Wood, Daven- port, Iowa. The White—Phillips Co., Inc., Davenport, Iowa. Quail & Co., Davenport, Iowa. Graefe and Company, Des Moines, Iowa. Iowa—Des Moines National Bank, lies Moines, Iowa. Priester & Co., Davenport, Iowa. the various investments concerns that I wrote to regarding parking lot revenue bonds in accordance with your directions. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the communication of City Solicitor Kintzinger, with attached letters, be referred to the City Council, City Manager and City Solicitor for con- sideration. Seconded by Council. man Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. 204 Regular Session, June 7th, 1948 June 7, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Irma Biver for $5,000.00 for certain injuries resulting from an accident caused by the negligence of the City in failing to exercise reason- able care for the removal of icy accumulations in the crosswalk on Central Avenue across 18th Street, It appears that claimant while walk- ing across the Street on the side- walk line slipped and fell on rough, uneven and icy accumulations on the crosswalk, receiving a sprain and fracture of her right ankle, which required her to receive medical service and hospital at- tention. That she was unable to go to work for some time after the injury. She claims actual expenses in the neighborhood of around $300.00 and also claims damages for pain and suffering. After consul- tation with her Attorneys, O'Con- nor, Thomas & O'Connor, they have agreed to accept $550.00 in full payment of her claim. I recommend that her claim be allowed in the sum of $550.00, that a warrant be issued payable to the order of O'Connor, Thomas & O'Connor, Attorneys for Irma Biver and the same be delivered upon delivery to the City of a release properly executed by claimant. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $550.00 in favor of O'Connor, Thomas & O'Connor, Attorneys for Irma Biver, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson. Nays — None. Absent — Councilman Wharton. June 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im. provement of Audubon Street from the north property line of Loras Blvd. to the north property line of Dexter Street, by widening and paving with concrete, under con. tract with Thos. Flynn Coal Com- pany, has been completed. I there. fore recommend the acceptance of this work. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man. ager Rhomberg be approved. See. onded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton RESOLUTION NO. 99-48 Whereas, the contract for the improvement of Audubon Street from the north property line of Lor - as Blvd. to the north property line of Dexter Street has been com- pleted, and Whereas, the City Manager has examined said work and recom- mended its acceptance, now there- fore Be It Resolved by the City Coun- cil of the City of Dubuque that the recommendation of the City Manager be approved and that the City Engineer be and he is hereby instructed to prepare a plat and schedule showing the lots and par- cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and the City Clerk shall upon receipt of such plat and sched- ule publish the notice of said assessment as required by law. Passed, adopted and approved this 7th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Regular Session, June nth, 1948 205 Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. June 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bond and de- sire to have your approval on same for filing: EXCAVATION Geo. I. Beaves, 2531 Windsor Ave. Bond No. 218160, Western Surety Company. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the bond be approved and placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. RESOLUTION NO. 100-48 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council for ap- proval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be grant- ed and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Lester Shetler and Sylvester Shetler, 1638 Central Avenue Steve Cole, 402 Main Street Leo F. Link and Bernice Link, 1487 Central Avenue Mrs. Josephine Burke, 1091 Main Street Mildred M. Schaller and Clara R. Schaller, 378 Main Street William F. Trimpler, 1563 Central Avenue A. R. Uppinghouse and Philomena Uppinghouse, 238-240 West 6th St. CLASS "B" PERMIT -FOR PRIVATE CLUB The Travelers Club, 75 East Fourth Street Passed, adopted and approved this 7th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by councilman Thompson. Car- ried by the following vote: Yeas — M a y o r Van Duelman. Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. RESOLUTION NO. 101-48 WHEREAS, heretofore applica- tions for Class "B" 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Lester Shetler and Sylvester Shetler, 1638 Central Avenue Steve Cole, 402 Main Street Leo F. Link and Bernice Link, 1487 Central Avenue Mrs. Josephine Burke, 1091 Main Street Mildred M. Schaller and Clara R. Schaller, 378 Main Street William F. Trimpler, 1563 Cen- tral Avenue A. R. Uppinghouse and Philomena Uppinghouse, 238-240 West 6th Street CLASS "B" PERMIT FOR PRIVATE CLUB The Travelers Club, 75 East Fourth Street BE IT FURTHER RESOLVED that the bonds filed by such ap• 2o6 Regular Session, June 7th, 1948 plicants be and the same are here- by approved. Passed, adopted and approved this 7th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. RESOLUTION NO. 102-48 Whereas, an ordinance was adopt- ed by the City Council of Dubuque on December 20, 1921, vacating the West fifty (50) feet of May Place and the permanent use there- of granted to the owners of the property abutting thereto, to -wit: Clara Louise Hillyard, and her assigns, and Whereas, it now appears that the City of Dubuque failed to execute a deed to that part of May Place so vacated, and Whereas, in order to make of record the intent and effect of the said ordinance it is advisable that the city convey by quit claim deed that part of May Place so vacated, and Whereas, Stampfer Building Company has acquired by purchase the rights so granted to the said Clara Louise Hillyard to the part of May Place so vacated and like- wise by purchase has acquired the abutting property on both the northerly and southerly sides of West May Place. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the Mayor and clerk be and they are hereby directed to execute and deliver the quit claim deed to Stampfer Build- ing Company to the following de- scribed real estate, to -wit: All that part of the West fifty (50) feet of May Place in the City of Dubuque, Iowa, and which has been vacated by the ordinance mentioned, and being Lot 7—A in Yates and Picketts Subdivision in the City of Dubuque, Dubuque County, Iowa, as shown on the plat filed March 23, 1923 and re- corded in Book of Plats 8 Page 385 in the office of the Recorder of Dubuque County, Iowa. And the Clerk of the said City is directed to attach to the said deed the seal of the City and the said officers are further authorized and directed to execute the proper acknowledgment covering the exe- cution of said deed. Passed, adopted and approved this 7th day of June, 1948, FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays — None. Absent — Councilman Wharton. J. J. SHEA City Cl Approvedj�QMwA/a1� 7� 1949. Adopted 194 . .... r12GStiv l...— ....... ... .p Councilmen .......Go.�,................ Attest: ....... No. ,rl1JU0014— City Clerk. , Special Session, June l,;th, 1948 207 City Council (OFFICIAL.) Special Session, June 14th, 1948. Council met at 7:30 P.M. Present — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Murphy and Thompson. Mayor Van Deulman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a hearing on the plans, specifications, form of con- tract and cost of improvements for the construction of the first unit of a Terminal Administration Building at the Municipal Airport, for plumbing and heating of the building and for electric wiring of the building, a well installation and a sewage disposal system at a total estimated cost of $60,000.00 and acting on any other business as may properly come before a regular meeting of the City Coun- cil. Proof of publication, certified to by the publishers, of notice of pub- lic hearing on the plans and speci- fications, form of contract and cost of improvements for the construc- tion of the first unit of a Terminal Administration Building at the Municipal Airport, for plumbing and heating of the building and for electric wiring of the building, a well installation and a sewage disposal system, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for the hearing. Councilman Mur- phy moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy Thompson, Wharton. , V " Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Muhpry, Thompson, Wharton. Nays — None. Nays — None. Councilman Wharton moved that the rules' Ue suspended fbr the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman RESOLUTION NO. 103-48 WHEREAS, proposed plans and specifications and form of contract for the construction of a Terminal Administration Building on the Municipal Airport have been ap- proved by the City Council of the City of Dubuque, and public notice given as provided by Chapter 23 of the Code of Iowa, 1946, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for cost of such improve- ments, said time being this 14th day of June, 1948; and WHEREAS, the City Council met in Special Session this 14th day of June, 1948, at 7:30 o'clock P.M. at the Council Chamber 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, specifications or con. tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an oppor. tunity to be heard and all oojac- tions which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, con. tract for or cost of said improve. lent herein described and pro. posed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said im- provement be made a matter of permanent record in connection with said improvement. 208 Special Session, June 1411, 1948 Passed, adopted and approved this 14th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO.104-48 Whereas, Application has been made to the City Council of the City of Dubuque, Iowa, requesting that the City of Dubuque convey to the State of Iowa real estate owned by said City, said real estate to be used for the site of a garage for the Iowa National Guard, which garage is to be constructed within one year, and Whereas, the City Council has in- vestigated the matter and is of the opinion that such request should be granted. NOW, THEREFORE, Be It Resolved by the City Coun- cil of the City of Dubuque that lot 2 of lot 2 of lot 3 of Randall's Subdivision in the City of Dubuque, Iowa be conveyed to the State of Iowa as a site for the erection of said garage and other buildings to be used in connection therewith and that the Mayor and Clerk of the said City of Dubuque, Iowa be, and they are hereby authorized and directed to execute and de- liver to the State of Iowa a quit claim deed to lot 2 of lot 2 of lot 3 of Randall's Subdivision in the City of Dubuque, Iowa, for and on behalf of the City of Dubuque. This real estate is to be used for no other purpose and in the event the garage is not constructed with- in 1 year from this date, the title to said real estate shall revert back to the City of Dubuque, Iowa. Passed, adopted and approved this 14th day of June, 1948. FRANK VAN DUELMAN Mayor. .F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the follownig vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nay—None. RESOLUTION NO.105-48 Whereas, Application has been made to the City Council of the City of Dubuque, Iowa, requesting that the City of Dubuque convey to Company A 133rd Infantry Head- quarters Company 1st Battalion 133rd Infantry Iowa National Guard Armory Corporation real es- tate owned by said City, said real estate to be used for the site of an Armory for the Iowa National Guard, which Armory is to be con- structed within one year, and Whereas, the City Council has investigated the matter and is of the opinion that such request should be granted, NOW, THEREFORE, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that lot 1 of lot 2 of lot 3 of Randall's Subdivision in the City of Dubuque, Iowa, be conveyed to Com- pany A 133rd Infantry Headquar- ters Company 1st Battalion 133rd Infantry Iowa National Guard Ar- mory Corporation and that the Mayor and Clerk of the City of Dubuque, Iowa, be and they are hereby authorized and directed to execute and deliver to Company A 133rd Infantry Headquarters Com- pany 1st Battalion 133rd Infantry Iowa National Guard Armory Cor- poration a quit claim deed to lot 1 of lot 2 of lot 3 of Randall's Sub- division in the City of Dubuque, Iowa, for and on behalf of the City of Dubuque, Iowa. This real es- tate is to be used for no other pur- pose and in the event the Armory is not constructed within one year from this date the title to said Special Session, June 14th, 1948 209 real estate shall revert back to the City of Dubuque, Iowa. Passed, adopted and approved this 14th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice of claim of Mrs. Dorothy Mason, the amount of $25.00, for injuries and damages sustained in a fall in front of 1348 Central Avenue caused in catching her foot in an iron grate which covers an area way, presented and read. Council- man Moffatt moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice of claim of H. F. Reynolds in the amount of $34.10 for damages to clothing and injuries sustained by his daughter, Jane, by being struck by a stream of water from the hydrant on Fourth Street Ex- tension near the entrance to Mills Bros. circus, presented and read. Councilman Murphy moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays — None. Communication of National Safe ty Council asking the Mayor to is sue a statement to the press re questing the people to enlist in the Fourth of July safety campaign Presented and read. Councilmai Murphy moved that the communi. ration be referred to the Mayor. Seconded by Councilman Wharton. 'arried by the following vote: Yeas — M a y o r Van Duelman, J o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of John Brunjes re- questing a refund in the amount of $150.00 on the unexpired portion of his Class "B" beer permit No. 156 as he has discontinued busi- ness on June 10th, 1948, presented end read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of John Brun- jes to cover the amount of refund granted on the unexpired portion of his Class "B" beer permit No. 156. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the Algonquin Chemi- cal Company, by: O'Connor, Thomas & O'Connor, its Attorneys, requesting that fire protection be extended to their property and im- provements located immediately south of the City of Dubuque, pre- sented and read. Councilman Whar. ton moved that the petition be referred to the City Council until such time as an all weather road is completed to their plant. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Harry V. Grode re- questing a refund in the amount of $50.00 on the unexpired portion of his Class "B" beer permit No. 95 as he has discontinued business on June 17th, 1948, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Harry V. Grode to cover the amount of refund granted on the unexpired portion of his Class "B" beer permit No. 95. Seconded by Councilman Mur - 71 210 Special Session, June 14th, 1948 phy. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Report of the Interstate Power Company showing analysis of reve- nue and expenses of Electric and Bus Transportation service for the endingyear presented and Dread. beCouncilman Wharton moved that the report be referred to the City Council. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 10, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the applica- tion of the Dubuque Lions Club to place signs on highways leading into the City of Dubuque, the 1946 Code of Iowa provides: "319.12 Billboards and signs pro- hibited. Billboards and advertis. ing signs shall not hereafter be placed or erected within the boundary lines of the public highways." The City Council has no power to override the provisions of the Statute of Iowa. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the communication of City Solici- tor Kintzinger be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 10, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the request of Howard Koons with reference to having the ordinance amended prohibiting the establishment and operating of an auction house in a downtown area in an ordinance passed in 1943, I have taken the matter up with the Retail Mer- chants Bureau and they passed a motion opposing any such change. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the communication of City Solicitor Kintzinger be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Murphy moved that the oral request of Howard Koons for permission to establish and operate an auction house in a downtown area and for the amend- ing of the ordinance covering auc- tion houses be denied. Seconded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 10, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Key City Gas Company against Mancini, Ventrella & Sons, 912 West Taylor Street, Chicago, Illi- nois, in the amount of $628.78 for labor and material for service per- formed and furnished to said Com- pany, I recommend that $628.78 be withheld from monies due the con- tractor and that the same be paid out upon Order of Court or written agreement of the parties filed with the City. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Resolution No. 106-48. Prelimi- nary approval of plans, specifica- tions, form of contract, plat and schedule and all other documents for the construction of a sanitary sewer of eight (8) inch diameter Special Session, June 14th, 1048' z 1 1 in Seminary Street from the West Corporation Line to 165 feet east of ' the East property line of St. Ambrose Street, presented and read. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Necessity for improvement.) RESOLUTION NO. 107-48 W H E R E A S, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk, showing among other things the following: 1. The boundaries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be assessed together with a valuation fixed by the Council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type, of construction and kind of matert. al to be used. 5. In each case the amount there- of which is estimated to be assessed against each lot, for the construction of an eight (8) inch sanitary sewer in Seminary Street from the West Corporation Line to 165 feet east of the east proper- ty line of St. Ambrose Street. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be constructed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and a- gainst all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipa- tion of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved a n d ordered placed on file with the City Clerk this 14th day of June, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved that the resolution be approved and placed on file with the City Clerk for final action. Seconded by Coun. cilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Fixing date of hearing) RESOLUTION NO. 108-48 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution NO. 106-48 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of an eight (8) inch sanitary sewer in Seminary Street from the West Corporation Line 212 Special Session, June 14th, 1948 to 165 feet east of the East proper- ty line of St. Ambrose Street, and, WHEREAS, the proposed Reso. lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, Be it therefore Resolved that on the 6th day of July, 1948, a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 14th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. PETITION AND WAIVER The undersigned, owner of E. 16' of Lot 108 and Lot 109 in Fin- ley's Add. property abutting upon and adjacent to Seminary St., here. by petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) inch sanitary sewer in Seminary Street from the West Corporation line to 165' east of the East property line of St. Ambrose St., and does hereby petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further petitions said City to pay the contractor for constructing said improvements by delivery of special assessment cer- tificates or special assessment bonds to the contractor against the property of the undersigned. Special Session, June 1411, 1948 213 The undersigned further petitions said City to pay the contractor for constructing said improvements by the issuance and sale of im- provement bonds in anticipation of deferred payments of assessments when a contract has been per- formed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as afore- said. KENNETH W. ELLIOTT ALYS ELLIOTT Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of record. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. PETITION AND WAIVER The undersigned, owner of Lot 1 of Kleinschmidt Su. property abutting upon and adjacent to Seminary St., hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practi- cable, to proceed with the construc- tion of an eight (8) inch sanitary sewer in Seminary Street from the West Corporation Line to 165' east of the East property line of St. Ambrose St., and does hereby peti- tion said City to enter into a con- tract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the improve- ment as aforesaid, the undersigned agrees to pay his proportionate share of the actual cost thereof, in- cluding the engineering and inspec- tion expense to the City and the ex- pense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assess- ments to be made against the prop- erty of the undersigned in propor- tion to the special benefits con- ferred on a front footage basis and that such assessment shall be and constitute a lien upon the proper- ties of the undersigned for the ac- tual cost of such improvements on and from the date of the accep- tance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provis- ions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further petitions said City to pay the con- tractor for constructing said im- provements by delivery of special assessment certificates or special assessment bonds to the contrac- tor against the property of the undersigned. The undersigned further petitions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of property owners, without in any way qualifying this Petition or releasing the undersigned from his obligation to pay assessments made against his property as afore- said. MARY B. PRENDE GAST GRAD+ ) Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by an Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -- None. 214 Special Session, June 14th, 1948 PETITION AND WAIVER The undersigned, owner of Lot 105, 106, 107' and the W. 50' of Lot 108 in Finley's Add. property abut- ting upon and adjacent to Seminary St., hereby petitions the City Council of the City of Dubuque, Iowa, as soon as prac- ticable, to proceed with the con- struction of an eight (8) inch sani- tary sewer in Seminary Street from the west corporation line to 165' east of the east property line of St. Ambrose St., and does hereby petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bias and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection expense to the City and the expense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The un- dersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as aforesaid. The undersigned further petitions said City to pay the con- tractor for constructing said im. provements by delivery of special assessment certificates or special assessment bonds to the contrac- tor against the property of the un- dersigned. The undersigned further petitions said City to pay the con. contractor for constructing said im- provements by the issuance and sale of improvement bonds in an. ticipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac. cepting this petition and in order. ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as afore• said. ALFRED A. HENSCHEL DOROTHEA F. HENSCHEI, Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. PETITION AND WAIVER The undersigned, owner of W. 1-2 of S. 100' of Lot 40 Finley's Add. property abutting upon and adjacent to Seminary St., hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) inch sanitary sewer in Seminary Street from the West Corporation Line to 165' east of the East property line of St. Ambrose St., and does hereby petition said City to enter into a contract for the construc- tion of said improvement in accord- ance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner pro- vided by statute for bids and con- tracts for sewer work. In consideration of the con- struction of the improvement as aforesaid, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineernig and inspection ex- Special Session, June 1411, 1948 pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the mak- ing of said improvements and con- sents to pay his proportionate share of the actual cost as afore- said. The undersigned further petitions said City to pay the contractor for constructing said improvements by delivery of special assessment cer- tificates or special assessment bonds to the contractor against the property of the undersigned. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve - mets by the issuance and sale of improvement bonds in anticipation of deferred payments of assess- ments when a contract has been performed by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as aforesaid. DORA C. KUNKEL Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of record Seconded by Councilmar Thompson. Carried by the follow ing vote: Yeas — M a y o r Van Duelman C o u n c i l in e n Moffatt, Murphy Thompson, Wharton. Nays — None. 215 PETITION AND WAIVER The undersigned, owner of N. 17' of lot 2 of Kleinschmidt Sub. property abutting upon and adja- cent to Seminary St., hereby peti- tions the City Council of the City of Dubuque, Iowa, as soon as prac- ticable, to proceed with the con- struction of an eight (S) inch sani- tary sewer in Seminary Street from the West Corporation Line to 165' east of the East property line of St. Ambrose St., and does hereby petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and spe- cifications to be furnished and ap- proved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the under- signed agrees to pay said assess- ments in full, either by a lumP sum payment or in ten equal install- ments as provided by law, not withstanding any provisions of the Statute to the contrary. The under- signed waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as aforesaid. The undersigned further petitions said City to pay the contractor for constructing said improvements by delivery of special assessment cer- tificates or special assessment bonds to the contractor against the property of the undersigned. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by the issuance and sale 216 Special Session, June 14th, 194.8 of improvement bonds .in anticipa- tion of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition made against his property as afore- said. EDWIN T. LEY MRS. LOUISE LEY Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. PETITION AND WAIVER The undersigned, owner of Lot 119, the W. 16' of Lot 118 and the E. 50' OF Lot 118 in Finley's Add. property abutting upon and adja- cent to Seminary, hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practi- cable, to proceed with the con. struction of an eight (8) sanitary sewer in Seminary Street from the West Corporation Line to' 165' east of the East property line of St. Am- brose Street, and does hereby petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and spe- cifications to be furnished and ap. proved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc. tion of the improvement as afore. said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex. pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the under. signed agrees to pay said assess- ments in full, either by a lump sum payment or in ten equal in. stallments as provided by law, not withstanding any provisions of the Statute to the contrary. The un- dersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as aforesaid. The undersigned further peti. tions said City to pay the contrac- tor for constructing said improve. mets by delivery of special assess- ment certficates or special assess. ment bonds to the contractor against the property of the under- signed. The undersigned further peti- tions said City to pay the con. tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti. cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im. provements the Resolution of the City Council may contain recitals that said improvements are ordered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as afore- said. ARTHUR LINDECKER LILLIAN LINDECKER Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. v Special Session, June 14th, 1948 217 PETITION AND WAIVER The undersigned, owner of Lot 115 in Finley's Add. property abut- ting upon and adjacent to Seminary St., hereby petitions the City Coun- cil of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) inch sanitary sewer in Semi- nary St. from the West Corpora- tion Line to 165' east of the East property line of St. Ambrose St., and does hereby petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner pro- vided by statute for bids and con- tracts for sewer work. In consideration of the construc• tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Peti- tion by the City, and the under- signed agrees to pay said assess- ments in full, either by a lump sum payment or in ten equal in- stallments as provided by law, not withstanding any provisions of the Statute to the contrary. The un- dersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as aforesaid. The undersigned further peti- tions said City to pay the con- tractor for constructing said im. provements by delivery of special assessment certificates or special assessment bonds to the contrac• for against the property of the undersigned. The undersigned further petition: said City to pay the contractor foi constructing said improvements by .w. the issuance and sale of improve- ment bonds in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as a- foresaid. JOHN A. LYNESS ELEANOR LYNESS Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. PETITION AND WAIVER The undersigned, owner of W. 67'4" of S. 100' of Lot 39 in Finley's Addition property abutting upon and adjacent to Seminary St., here- by petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) sani- tary sewer in Seminary Street from the West Corporation Line to 165' east of the East prop. erty line of St. Ambrose St., and does hereby petition said City to enter into a contract for the con- struction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner provid- ed by statute for bids and con- tracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched. 218 Special Session, June 14th, 1948 tile. It is agreed that the City of Dubuque shall cause assess- ments to be made against the property of the undersigned in pro- portion to the special benefits con- ferred on a front footage basis and that such assessment shall be and constitute a lien upon the proper- ties of the undersigned for the actual cost of such improvements on and from the date of the accept- ance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten e- qual installments as provided by law, not withstanding any provision of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore. said. The undersigned further petitions said City to pay the contractor for constructing said improvements by delivery of special assessment certificates or special assessment bonds to the contractor against the property of the undersigned. The undersigned further peti- tions said City to pay the con. tractor for constructing said im. provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of .property owners, without in any way qualifying this Petition or re. leasing the undersigned from his o- bligation to pay assessments made against his property as aforesaid. LLOYD E. NECKER Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, C o u n c i i r, Q n Moffatt, Murphy, Thompson, Wharton. Nays — None PETITION AND WAIVER The undersigned, owner of Lot 117 in Finley's Add. property abut. ting upon and adjacent to Seminary St., hereby petitions the City Coun- cil of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) inch sanitary sewer in Semi. nary Street from the West Cor- poration Line to 165' east of the East property line of St. Ambrose St., and does hereby petition said City to enter into a contract for the construction of said improve- ment in accordance with and as provided by plans and specifica- tions to be furnished and ap- proved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc. tion of the improvement as afore. said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the mak- ing of said improvements and con- sents to pay his proportionate share of the actual cost as aforesaid. The undersigned further Petitions said City to pay the con- tractor for constructing said im- provements by delivery of special assessment certificates or special assessment bonds to the contractor against the property of the under- signed. The undersigned further petitions said City to pay the con- tractor for constructing said in- Special Session, June 14th, 1948 219 provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as a- foresaid. VICTOR P. REMY JUANITA E. REMY Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. PETITION AND WAIVER The undersigned, owner of E. 1-2 of S. 100' of Lot 40 in Finley Addition property abutting upon and adjacent to Seminary Street, hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (S) inch sanitary sewer in Semi- nary Street from the West Cor- poration Line to 165' east of the East property line of St. Ambrose St., and does hereby petition said City to enter into a contract for the construction of said improve• ment in accordance with and as provided by plans and specifica- tions to be furnished and approved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex pense to the City and the expense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assess- ments to be made against the property of the undersigned in pro- portion to the special benefits con- ferred on a front footage basis and that such assessment shall be and constitute a lien upon the proper- ties of the undersigned for the actual cost of such improvements on and from the date of the ac- ceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as pro- vided by law, not withstanding any provisions of the Statute to the con- trary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportion- ate share of the actual cost as aforesaid. The undersigned further petitions said City to pay the contractor for constructing said im- provements by delivery of special assessment certificates or special assessment bonds to the contrac. tor against the property of the undersigned. The undersigned further petitions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order. ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made ,against his property as aforesaid. ALBERT V. WISE MADELINE WISE Councilman Moffatt moved that the Petition and Waiver be re- ceived and made a matter of rec- ord. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. 220 Special Session, June 14th, 1948 June 14, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bond and de- sire to have your approval on same for filing: EXCAVATION Elwood Huff d -b -a, Huff Lumber Company, United States Fideli- ty and Guaranty Company, No. 61293. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Thompson moved that the bond be approved and Placed on file. Seconded by Coun- cilman Moffatt. Carried by the fol- Iowing vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. June 9, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the con- struction of the Kaufman Avenue Trunk Line Sanitary Sewer extend- ing from the intersection of 16ts and White Streets to Intersection of Hillcrest Road and Asbury Road, under contract with Mancini, Ven- trella and Sons Company of Chica- go, has been completed. I there- for recommend its acceptance. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec. onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Mruphv, Thompson, Wharton. Nays — None. To the Honorable June Mayo 14, 1948. and City Council Dubuque, Iowa Gentlemen: This is to advise that the con- struction of a sanitary sewer in York Street from Curtis Street to Et point one hundred (100) feet west of the west property line of South Hill Street, under contract with the M.L. Gaber Construction Company, has been completed. I therefore recommend the accept• ante of this work. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Moffatt moved that the recommendation of City Man. ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (A Resolution Accepting Improve. merit and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 109-48 WHEREAS, the contract for the construction of an eight (8) inch sanitary sewer in York Street from the intersection of York and Cur- tis Streets to a point 100 fee: west of the west property line of South Hill Street has been com- pleted, and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends Its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED THAT THE City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of im- provement bonds issued upon the above described improvement in Special Session, June 14th, 1948 221 amount equal to the amount of his contract, less any retained percent- age provided for therein. Passed, adopted and approved this 14th day of June, 1948. Approved: FRANIi VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the a- doption of the resolution. Seconded by Councilman Thompson. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays — None. June 14, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Gandolfo Street from the north curb line of St. Joseph Street to the south curb line of Lombard Street with curb and gutter, under contract with the K and M Construction Company, has b e e n completed. I therefore recommend the acceptance of this work. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 110-48 WHEREAS, the contract for the improvement of Gandolfo Street from the north curb line of St. Joseph Street to the south curb line of Lombard Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, planq and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk sub- ject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the no- tice of the Council's intention to levy special assessments therefor, -as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 14th day of June, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Thompson moved to adjourn. Seconded by Council- 222 Special Session, June 14th, 1948 man Murphy. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. J. J. SHEA City Clerk. Approved 141949. .! Adopted 4949. � Councilmen: j.^!...... Attest: .......! K1./,,�/Q�.......... v City Clerk. Special Session, June 1441948 223 City Council (OFFICIAL.) Special Session, June 22nd, 1948. Council met at 3:30 P.M. Present — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Moffatt. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering bids for the con- struction of the first unit of the Terminal Administration Building at the Municipal Airport including the plumbing and heating, electric wiring, well installation and sew- age disposal system and acting on any other business as may proper- ly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of bids for furnishing all equipment, labor and materials for the construction of the first unit of the Terminal Ad. ministration Building at the Municipal Airport including the plumbing and heating, electric wir- ing, well installation and sewage Disposal system, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 22, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 2:00 P.M. June 22, 1948 for the construction of the first unit of the Terminal Administration Building at the Municipal Airport, including the plumbing and heating, electric wiring, well installation and sew- age disposal system. Attached is an abstract of the bids received. I recommend that the following bids be accepted since they are the lowest and best bids received and contracts awarded as follows: Item 1 (B) Brick Terminal Ad- ministration Building to the Wickes Engineering and Construc- tion Company of Des Moines, Iowa; Item 2 Plumbing and Heating to H. B. McCarten, Dubuque, Iowa: Item 3 — Electric Wiring, Horne and Williams, Dubuque, Iowa; Item 4 — Well Installation to Varner Well Drilling Company of Dubuque, Iowa, and that the bid received for Item 5 — Sewage Disposal System be rejected and the work on this Item done by force account. The combineec total of the low bids hereby recommended for a- ward of contracts, except for Item 5, is $62,348.97. Respectfully submitted, A. A. RHOMBERG Civ Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved sub- ject to concurrence of the Civil Areonautics Administration. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Awarding Contract) RESOLUTION NO. 111-48 WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport in- cluding the plumbing and heating, electric wiring, well installation and sewage disposal system pur- suant to Resolution NO. 97-48 and Wickes Engineering & Construction Co., of Des Moines, Iowa, contrac. tor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; for item 1 (b) Brick Terminal Administration Building; now, therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Wickes Engineering & Con- struction Co. of Des Moines, Iowa, and the Manager be and lie is 224 Special Session, June aaq� 1948 hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after Its passage and adoption by the City Council. Approved and placed on file for one week on June 22nd, 1948. Councilman Murphy moved that the resolution be approved and placed on file for one week. Second- ed by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Awarding Contract) RESOLUTION NO. 112-48 WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build. ing at the Municipal Airport in- cluding the plumbing and heating, electric wiring, well installation and sewage disposal system, pur- suant to Resolution NO. 97-48 and H. B. McCarten of Dubuque, Iowa, contractor, has submitted the low- est bid for the furnishing of all la- bor and materials and performing the work as provided for in the plans and specifications; for Item 2 — Plumbing and Heating; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to H. B. McCarten of Dubuque, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 22nd, 1948. Councilman Murphy moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l in e n Moffatt, Murphy, Thompson, Wharton. Nays — None. (Awarding Contract) RESOLUTION NO. 113-48 WHEREAS, Proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport in. cluding the plumbing and heating, electric wiring, well installation and sewage disposal system pur- suant to Resolution No. 97-48 and Horne and Williams of Dubuque, Iowa, contractor, has submitted the lowest bid for the furnishing of all labor and materials and per. forming the work as provided for in the plans and specifications; for Item 3—Electric Wiring; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Horne and Williams of Dubuque, Iowa, and the Manager be and he is here. by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 22nd, 1948. Councilman Murphy moved that the resolution be approved and placed on file for one week. Sec. onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy. Thompson, Wharton. Nays — None. (Awarding Contract) RESOLUTION NO. 114-48 WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport in- cluding the plumbing and heating, electric wiring, well installation an sewage disposal system, pursuant to Resolution NO. 97-48 and Special Session, June &Q.,^i 1948 ��5 Varner Well Drilling Co. of Dubuque, Iowa, contractor, has sub. mitted the lowest bid for the fur- nishing of all labor and materials and performing the work as provi- ded for in the plans and specifica- tions; for Item 4—Well Installa- tion; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Varner Well Drilling Co. of Dubuque, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 22nd, 1948. Councilman Murphy moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 115-48 Resolution Adopting and Approv- ing the Execution of an Acceptance of a Grant Offer from the United States of America to the City of Dubuque, Iowa, for the Purpose of Obtaining Federal Aid in the De- velopment of Dubuque Municipal Airport. Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That the City of Dubuque shall, for the purpose of obtaining Federal Aid in the de- velopment of the Dubuque Munici- pal Airport, enter into a Grant A- greement with the United States of America by executing an accept- ance of a Grant Offer from the Ad- ministrator of Civil Aeronautics, acting for the United States of America, to the City of Dubuque, Iowa, and that such Grant Agree- ment shall be as set forth herein below. Section 2. That the Mayor of the City of Dubuque, Iowa, is hereby authorized and directed to execute the acceptance of the said Grant Offer in sextuplicate on behalf of the City of Dubuque, Iowa. Section 3. That the Grant Agree- ment referred to hereinabove shall be as follows: GRANT AGREEMENT Part I — Offer Date of Offer: June 21, 1948. Dubuque Municipal Airport. Project No.: 9-13-020-801 TO: The City of Dubuque, Iowa (herein referred to as the "Spon- sor"). FROM: The United States of Amer- ica (acting through the Admin- istrator of Civil Aeronautics here- in referred to as the Administra- tor) WHEREAS, the Sponsor has sub- mitted to the Administrator a Pro- ject Application dated April 22, 1948, for a grant of Federal funds for a project for development of the Dubuque Municipal Airport (herein called the "Airport"), to- gether with plans and specifica- tions for such project, which Pro- ject Application, as approved by the Administrator, is hereby in- corporated herein and made a part hereof; and WHEREAS, the Administrator has approved a project for devel- opment of. the Airport (herein called the "Project") consisting of the following described airport de- velopment: Constructing administration build- ing including water supply and sew- age disposal system, all as more particularly described in the survey map and plans and specifications incorporated in the said Project Application: NOW, THEREFORE, pursuant to and for the purposes of carrying out the provisions of the Federal Airport Act (60 Stat. 170; Pub. Law 377, 79th Congress), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Applica- tion, and its acceptance of this Offer, as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein provided, THE ADMINISTRATOR, AND ON BEHALF OF THE UNIT- ED STATES, HEREBY OFFERS AND AGREES to pay, as the U- 226 Special Session, June JI&948 nited States' share of costs incurred in accomplishing the project, 50 percentum of all allowable project costs, subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $33,950.00 2. The Sponsor shall (a) begin accomplishment of the Project within a reasonable time after acceptance of this Offer, and (b) carry out and complete the Project in accordance with the terms of this Offer, and the Feder- al Airport Act and the Regulations promulgated thereunder by the Administrator in effect on the date of this Offer, which Act and Regu- lations are incorporated herein and made a part hereof, and (c) carry out and complete the Project in accordance with the Plans and specifications Incorpor- ated herein as they may be revised or modified with the approval of the Administrator or his duly au- thorized representatives. 3. The Sponsor shall operate and maintain the Airport as provided in the Project Application incor- porated herein. 4. Any misrepresentation or o- mission of a material fact by, the Sponsor concerning the Project or the Sponsor's authority or ability to carry out the obligations assumed by the Sponsor in accept• ing this Offer shall terminate the obligation of the United States and itis understood and agreed by the Sponsor In accepting this offer that if a material fact has been misrepresented or omitted by the Sponsor, the Administrator on be- half of the United States may re- cover all grant payments made. 5. The Administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be o- bligated to pay any of the allow- able costs of the Project unless this Offer has been accepted by the Sponsor within 60 days from the above date of Offer or such longer time as may be prescribed 'by the Administrator in writing. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorpo- rated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Orfer and acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agree- ment shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed un- der the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA THE ADMINISTRATOR OF CIVIL AERONAU- TICS By.................................... Regional Administrator, Region. Part II — Acceptance The City of Dubuque does here- by ratify and adopt all statements, representations, warranties, cove- nants, and agreements contained in the Project Application and in- corporated materials referred to in the foregoing Offer and does here- by accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this 22nd day of June, 1948. CITY OF DUBUQUE, IOWA By—FRANK VAN DUELMAN Title—MAYOR. ( SEAL) Attest: J. J. SHEA Title: CITY CLERK. CERTIFICATE OF SPONSOR'S ATTORNEY I, John J. Kintzinger, acting as Attorney for City of Dubuque, Iowa do hereby certify: That I have examined the fore- going Grant Agreement and the Proceedings taken by said City of Dubuque, Iowa, relating thereto, and find that the Acceptance there- of by said City of Dubuque, Iowa, has been duly authorized and that the execution thereof is in all re - due and proper and in accordance spects due and proper and in ac- cordance with the laws of the State of Iowa, and further that, in my opinion, said Grant Agreement Special Session, June 1, 1948 227 obligation of the City of Dubuque, Iowa, in accordance with the terms thereof. constitutes a legal and binding Dated at Dubuque, Iowa, this 22nd day of June 1948. JOHN J. KINTZINGER Title—City Solicitor Passed, adopted and approved this 22nd day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 116-48 RESOLUTION DESIGNATING DEPOSITORY TO RECEIVE PUBLIC FUNDS FOR FEDERAL AIRPORT PROJECT, DUBUQUE MUNICIPAL AIR- PORT. WHEREAS, the regulations un- der the Federal Airport Act re- quires the designation of official, officials, or Icpository authorized by law to receive public funds within 10 days after the acceptance of a Grant Offer from the United States, and WHEREAS, under the provisions of Chapter 453, 1946 Code of Iowa, the Dubuque Bank & Trust Co. is legally authorized to receive such public funds, now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, that the Dubuque Bank and Trust Company is hereby designated de- pository for the City of Dubuque, Iowa, to receive payments repre- senting the United States' share of project costs for Federal airport project, Dubuque Municipal Air. port. Passed, adopted and approves this 22nd day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY irk ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Murphy moved that the entire proposition submitted by Mr. Ben Arquitt to establish him- self at the New Municipal Airport as fixed base operator be referred to the City Manager, City Solicitor and airport manager to submit their recommendations back to the City Council at the next meeting of the Council. Seconded by Council- man Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. City Manager suggested to the City Council that plans and specifi- cations be furnished by Mr. Niel- sen, Architect, for T -Type Hangar buildings for the New Municipal Airport and submitted to the Coun- cil at their meeting of June 29th, 1948, and that proceedings be then instituted at this meeting for the construction of T—Type Hangars at the New Municipal Airport. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. J. J. SHEA APP Ada Cour Att Special Session, June i*h, 1948 City Council (Official) Special Session, June 29th, 1948. Council met at 7:30 P.M. Present — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Murphy and Thompson. Mayor Van Duelman read the call and etated that service there- of had been duly made and that this meeting is called for the pur- pose of considering for final adop- tion resolutions awarding contract for the construction of the Ter- minal Building, Plumbing and Heating, Electric Wiring and Well Installation at the Municipal Air- port and acting on any other busi- ness as may properly come before a regular meeting of the City Coun- cil. (Awarding Contract) RESOLUTION NO. 111-48 WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport in- cluding the plumbing and heating, electric wiring, well installation and sewage disposal system, pur- suant to Resolution No. 97-48 and Wickes Engineering & Construc- tion Co., of Des Moines, Iowa, con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; for Item 1 (b) Brick Terminal Administration Building; now therefore. BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Wickes Engineering & Con. struction Co., of Des Moines, Iowa, and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 22nd, 1948. Passed and adopted this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second. ed by Councilman Thompson. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Awarding Contract) RESOLUTION NO. 112-48. WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport in- cluding the plumbing and heating, electric wiring, well installation and sewage disposal system, pur- suant to Resolution No. 97-48 and H. B. McCarten of Dubuque, Iowa, contractor, has submitted the low- est bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; for Item 2 — Plumbing and Heating; now, therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to H. B. McCarten of Dubuque, Iowa, and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 22nd, 1948. Passed and adopted this 29th day Of June, 1948. Special Session, June mak, 1948 229 FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Awarding Contract) RESOLUTION NO. 113-48. WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Building at the Municipal Ariport, including the plumbing and heating, electric wiring, well installation and sew- age disposal system, pursuant to Resolution No. 97-48 and Horne and Williams of Dubuque, Iowa, contractor, has submitted the low- est bid for the furnishing of all labor and materials.and performing the work .as provided for in the plans and specifications; for Item 3—Electric Wiring; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Horne and Williams of Dubuque, Io- wa, and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 22nd, 1948. Passed and adopted this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of. the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Awarding Contract) RESOLUTION NO. 114-48 WHEREAS, proposals have been submitted by contractors for the construction of the first unit of the Terminal Administration Build- ing at the Municipal Airport, in- cluding the plumbing and heating, electric wiring, well installation and sewage dispoasl system, pursuant to Resolution No. 97-48 and Varner Well Drilling Co. of Dubuque, Iowa, contractor, has sub- mitted the lowest bid for the furnishing of all labor and materi- als and performing the work as provided for in the plans and speci- fications; for Item 4 — Well In- stallation; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to Varner Well Drilling Co. of Dubuque, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity become effective from and af- ter its passage and adoption by the City Council. Approved and placed on file for one week on June 22nd, 1948. Passed and adopted this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. ICouncilman Murphy moved the a- doption of the resolution. Seconded �3o Special Session, JYtne Io1, 1948 by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Mr. Justin Hartzog, City Plan- ning Consultant, together with the members of the Planning and Zon- ing Commission, addressed the Council and submitted a proposed new route for the extension of Grandview Avenue, said proposed route to continue along Audubon Street and through the Senior High School property on a line a- bout 100 feet east of the present high school building, this extension would be almost a direct line to West Locust Street and on through to Seminary Street. Councilman Wharton moved that City Manager Rhomberg and Mr. Justin Hartzog be instructed to present the new proposed route to the Board of Education for their consideration and to submit a report back to the City Council. Seconded by Coun- cilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Kretschmer— Tredway Co., suggesting that the City Council give further study to the problem confronting parking in the Industrial Section and asking Council to consider the one hour or at the outside two hour parking restriction on Ninth Street from Washington Street to Jackson Street, presented and read. Coun- cilman Wharton moved that the communication be referred to the Chief of Police for recommenda- tion and report. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Sieg -- Dubuque Company suggesting that an investigation be made at once of the congested parking condition in the vicinity of Fifth and White Streets and ask that the same be corrected at the earliest possible date, presented and read. Council- man Wharton moved that the com- munication be referred to the Chief of Police for recommendation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Midwest Lum- ber Company asking to have a one- hour parking zone established on the south side of Seventh Street from Jackson Street to Washing- ton Street and also that a fifteen - foot loading zone be established, with no parking, thirty feet west of Washington Street on the south side of Seventh Street, presented and read. Councilman Wharton moved that the portion of the com- munication in regard to the park- ing situation be referred to the Chief of Police for recommenda- tion and report and the portion of the communication in regard to the loading zone be referred to the Council to view the grounds. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Lenox R. Lohr, asking the Mayor to select a Dubuque Day at the Chicago Railroad Fair, which will be held in Chicago from July 20th to Sep- tember 6th, 1948, and also asking that a local committee be appoint- ed to develop a program for that day, presented and read. Council- man Murphy moved that the com- munication be referred to the May- or. Seconded by Councilman Whar- Special Session, June rte, I948 zit ton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Mr. & Mrs. George Merkert, requesting that they be permitted to erect a steel quonset building on the property located at 323 Monroe Street, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Ace Radio et al re- questing that diagonal parking be permitted on the south side of West First Street between Main and Locust Streets, presented and read. Councilman Wharton moved that the petition be referred to the Chief of Police for recommenda- tion and report. Seconded by Coun. cilman Murphy. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Ray Hirsch et al, re- sidents and property owners on Kane Street requesting that sewer and water mains be installed on Bane Street from Kaufmann Ave- nue to the City Limits, presented and read. Councilman Murphy moved that a grade be established on said street and that plats and schedules be prepared for the con- struction of a sanitary sewer as re- quested and also for the improv- ing of said Kane Street from Kauf- mann Avenue to the City Limits. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Karl Oleson et al in regard to the re-establishing and maintaining of tennis courts at the Grandview Avenue Tourist Park, presented and read. Coun• cilman Murphy moved that the communication be referred to the Park Board. Seconded by Council• nan Wharton. Carried by the fol - owing vote: Yeas — M a y o r Van Duelman o u n c i l m e n Moffatt, Murphy, rhompson, Wharton. Nays — None. Petition of D. C. May Construc- tion Co. requesting an extension of time until July 15th, 1948, for the the completion of their contract for the curb and guttering of Dia- mond Street, presented and read. Councilman Murphy moved that the request be granted, providing that the consent of the Bonding Company is secured. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman. Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Notice of claim of Lester Muel- ler in the amount of $21.00 for damages received to the top of his car caused by being struck by a ball at Comiskey Field, presented and read. Councilman Wharton moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION 215 Jewett Building Des Moines 9, Iowa June 7, 1948 Honorable Frank Van Duelman Mayor of Dubuque Dubuque, Iowa Subject: Dubuque, Iowa, Municipal Airport Classification My Dear Mayor: On November 4, 1947, the Civil Aeronautics Administration adopt- ed Technical Standard Order No. 6. This Technical Standard Order pertains to the classification of air- ports for air carrier service. It is intended by this Order to make possible the establishment of the ul- timate size of an airport needed for cities and predetermine the ul- timate length and strength of run- ways to meet these requirements. l When these dimensions are once es- 232 Special Session, June "+k, 1948 tablished, it is only reasonable to expect that the aircraft manufacturers and designers will build airplanes which will fit the airports, thus relieving the owners of airports of the respon- sibility of ever increasing the size of their airports to meet the air- craft requirements. As a result of this Technical Standard Order, we have been mak- ing a state-wide study of the pres- ent and future airport needs of each community. The airport for each community was tentatively classified according to the immedi. ate foreseeable needs of the com- munity, and also the ultimate need. We have classified your city as re- quiring an airport which we, under this Technical Standard Order de- fine "Feeder", and -an airport of "Local" to meet the ultimate needs of your community. According to this Technical Standard Order, the definitition of Feeder Airport is: "Airports to serve certified feeder line airlines". Definition of Local Airport is: "Airports to serve small- er cities on airline trunk routes." This type of airport will require runways of 3500' length which will be increased when corrected for al- titude, temperature and gradient, an an ultimate length of 4200', which length would be increased when cor- rected for altitude, temperature and gradient. Classification of your municipal airport has been discussed with Your City Manager. ' Very truly yours, PAUL V. ROBERTS District Airport Engineer. Councilman Wharton moved that the communication be received and made a matter of record. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays — None. Petition of Carl J. Wiederholt et at requesting that the city water mains be extended from the water Plug on the corner of Lot 8 to and including Lot 10 of Lennox Addition to a distance of approxi- mately five hundred feet, presented and read. Councilman Murphy moved that the petition be referred to the City Manager, City Solicitor and Water Superintendent for in- vestigation and to submit a report back to the City Council. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Mrs. 011e M. Wilson requesting permission for the hold- ing of an annual tag day sale, pre- sented and read. Councilman Moffatt moved that the request be granted and the date of said tag sale to be the 10th day of July, 1948. Seconded by Councilman Mur. phy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Ione Connor request- ing a refund in the amount of $150.00 on the unexpired portion of her Class "B" beer permit No. 1, expiring April 1, 1949, as she has discontinued business on June 29, 1948, presented and read. Council- man Murphy moved that the re- quest be granted and the City Audi- tor instructed to draw a warrant in the amount of $150.00 in favor of Ione Conner to cover the amount of refund granted on the unexpired Portion of her Class "B" beer per- mit No. 1. Seconded by Council- man Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Woffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Wilfred J Healey, informing Council that a prefabricated house manufactured by GBH—Way Homes, Inc., has been erected .at 220 West 32nd Street and is now ready for Council inspection, presented and read. Councilman Murphy moved that the communication be referred to the Council to view the grounds. ,Q9�e4 Special Session, June >no, 1948 233 Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Wright Courtesy Bench Service requesting permis- sion to install and maintain bench- es along the public ways used for public convenience and for adver- tising purposes, presented and read. Councilman Murphy moved that the petition be referred to the Council for consideration. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of May, 1948, pre- sented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. PETITION AND WAIVER The undersigned, owner of Lot 102 of Finley's Addition property abutting upon and adjacent to Semi- nary St., hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to pro- ceed with the construction of an eight (8) inch sanitary sewer in Seminary St., from the West Cor- poration line to 165' east of the east property line of St. Ambrose St., and does hereby petition said City to enter into a contract for the construction of said improve- ment in accordance with and as provided by plans and specifica- tions to be furnished and approved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc- tion of the improvment as afore- said, the undersigned agrees to pay Us proportionate share of the act- aal cost thereof, including the engi- neering and inspection expense to the City and the expense of making the assessment schedule. It is a- greed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and constitute alien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments, as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the mak- ing of said improvements and con- sents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by delivery of special as- sessment certificates or special as- sessment bonds to the contractor against the property of the un- dersigned. The undersigned further petitions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as aforesaid. ALBERT WHARTON H. J. HOFFMANN Trustees. oa qti " 234 Special Session, June 10k, 1945 Councilman Thompson . moved that the Petition and Waiver be received and made a matter of rec- ord. Seconded by Councilman Whar. ton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 16, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Magdaline Noel referred to me, I find upon investigation that on May 29, about 8:30 o'clock A.M., claimant was walking diagonally across Washington Park from the southwest corner to the northeast corner and tripped where the side- walk is cracked and a part thereof higher than the other, fell, broke her glasses and was required to receive medical care to remove shattered glass from her face; that her actual expenses were $26.00 I recommend that her claim be allowed in the sum of $26.00 and that a warrant be issued payable to her order for $26.00 and de- livered to her upon delivery to the City of a release properly executed by her. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and the a warrant in the amount of $26.00 be ordered drawn in favor of Mag- daline Noel, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays — None. June 23, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Dorothy Mason submitted to me for investigation, I find that on or about June 10, 1948, while walking on the sidewalk in front of the premises at 1348 Central Avenue her foot caught in an iron grate, causing her to fall. That she suffered damages to her glass. es; was required to undergo other expenses. After talking with her she has agreed to accept $15.00 in payment of her claim. I recommend that her claim be allowed in the sum of $15.00 and that a warrant be issued payable to her order for $15.00 and de. livered to her upon delivery to the City of a release properly execu. ted by her. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved anu the City Auditor instructed to draw a warrant in the amount of $15.00 in favor of Mrs. Dorothy Mason, as settlement in full of her claim. and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 15, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of May, 1948, also list of claims and list of pay- rolls for which warrants were is- sued for the month of May, 1948. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman. Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. R oxy1 Special Session, June ls}4ii', 1948 235 June 29, 1948. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: At the meeting of June 7, 1948, the following petitions were re- ferred to the Council to view the grounds: that of Carl W. Peterson concerning the dusty condition of the westerly ramp connecting U. S. Highway with South Algona Street; and that of Clarence Hagge et. al. requesting that repairs be made to the alley between lots 57 and 74 of Finley's Add. The Council having viewed the premises decided to order the dust laid on both the easterly and west- erly ramps from U. S. No. 20 to South Algona Street and to order the repair of the alley between lots 57 and 74 of Finley's Add. I recom- mend that the decisions of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 29, 1945. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of May 3, 1948. the following petitions were refer- red to the Council to view the grounds: that of John A. Henschel et. al. requesting preparation of plats and schedules for a sanitary sewer and for the improvement of Dillon Street, and that of C. J. Oliver et. al. requesting resurfac- ing of Valley Street from Mt. Lor- etta to Southern Avenue, opening of catch basins and that a street light be installed at Aspen and Val- ley Streets. The Council having viewed the premises decided to order plats and schedules prepared for sanitary sewer and street improvements on Dillon Street and that repairs be made on Valley Street and that a street light be installed at Aspen and Valley Streets. I recommend that the decisions of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 29, 1948. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: At the meeting of May 24, 1948, the following petitions were refer- red to the Council to view the grounds: the offer of $50.00 made by John E. Behlmer for the strip of land adjoining Lot 167 of Fin- ley Add.; that of Karl H Wirzbach et. al. requesting the grading of Buena Vista Street; and that of Mrs. Karl Reuter et. al. requesting the installation of a street light at Sutter and Queen Streets. The Council having viewed the sites decided as follows: to accept the offer of $50.00 for the strip of land adjoining Lot 167 of Finley Add. and to order the necessary proceedings prepared for vacating the portion of the street; to order a plat and schedule prepared for the improvement of Buena Vista Street with curb and gutters and surfacing; and to have a street light installed at Sutter and Queen Streets. I recommend that the de- cisions of the Council be con- firmed. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. 236 Special Session, June *4*k, 1948 June 29, 1948. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: On May 10, 1948, you received a communication from the Chief of Police and Mrs. H. N. Luke, Direc- tor of Recreation, concerning the parking problem adjacent to Comis- key playground, which was refer- red to the Council to view the grounds. The Council having viewed the premises decided to prohibit park- ing on the west side of Washington Street from East 24th Street to East 25th Street. I recommend that. the decision of the Council be con. firmed by the adoption of the at. tached ordinance. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Ordinance No. 13-48. An Ordi- nance amending "Traffic Code" of the City of Dubuque by establish- ing parking regulations on addi- tional streets and by repealing or- dinances in conflict herewith, pre- sented and read. Councilman Thompson moved that the reading Just had be considered the first reading of the ordinance. Second- ed by Councilman Moffatt. Car- ried by the following vote. Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the ordinance be placed on file With the City Clerk for public in- spection for at least one week be- fore its final adoption, Seconded by Councilman Murphy.. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 29, 1948. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: It is becoming increasingly necessary to seek out ways for the relief - of traffic congestion. Particularly is this true in the case of the bottle -neck at the intersec- tion of Loras Blvd, and Central Avenue. I recommend that 12th Street be made a Boulevard from Main Street to Elm Street and that the boulevarding of Elm Street be extended southerly to 12th Street and that Jackson Street be made a more useable thorofare from 12th Street northerly to the city limits. In order to accomplish these pur- poses it is necessary that traffic signals be installed at 12th and Central, at 14th and Jackson and at 20th and Jackson Streets. This will mean that the use of East 12th Street between Central and White as a playground for the Prescott School must be discontinued. This matter has been discussed with the school authorities and they wish to co-operate with the City. However, they are somewhat fear- ful of the danger to small children by having 12th Street thus opened up. They have suggested that an under -pass or over -head for their Pupils be considered. Another situation that calls for a remedy is the necessity of a traffic signal at the intersection of West 6th Street and Locust, in order to allow cross traffic an op- portunity to cross the State High- way. I recommend that the City Coun- cil proceed to order the installa- tion of the above four traffic sig- nals and the designation of the recommended boulevards. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved 0 Special Session, June tqbk, 1948 237 and that an additional traffic sig- nal be ordered installed at Second and Locust Streets. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 29, 1948. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: At the meeting of June 22, 1948, we were instructed to report and to make recommendation concern- ing exclusive provisions in leases on the new Municipal Airport on a recaptured clause relating to ten- ant's buildings on the Airport, as well as the termination of activi- ties on the old Island Airport. (1) We recommend that no exclusive arrangements of any nature be in- cluded in any lease on the Munici- pal Airport since they would not be in the public interest. The lease herewith submitted for your consideration contains no ex- clusive arrangements. (2) A re- capture clause with a provision for a proper appraisal of values has been included in the proposed lease. (3) We recommend that the old Island Airport be closed as soon as possible. Services to the public, however, should not be interrupt- ed and the closing of the old Island Airport should be co-ordinated with the beginning of certain ser- vices at the new Municipal Airport. A Resolution accomplishing this Purpose is offered herewith for your adoption. Respectfully submitted, A. A. RHOMBERG City Manager. JOHN J. KINTZINGER City Solicitor. C. P. OLESON Airport Manager. Councilman Wharton moved that the report and recommendation of City Manager Rhomberg, City Sol- icitor Kintzinger and Airport Man- ager Oleson be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Messrs. Linn, Chambers, Turn- quist, Tegeler, Gartner and Holthaus addressed the Council in regard to the closing of the Island Airport .and requested that the Island Airport be kept open as an auxiliary Airport. RESOLUTION NO. 117-18 Whereas, the City of Dubuque awarded a contract for the erec- tion of the first unit of a Terminal Administration Building on the new Municipal Airport located in Table Mound Township, and Whereas, an Aviation Dealers Lease has been negotiated for the purchase of providing commercial aviation services on the new Munci- pal Airport, and Whereas, it appears that such services will be available in the near future, and Whereas, the City of Dubuque has begun proceedings looking to the erection of storage for pri- vately owned aircraft, and Whereas, it is in the best interest of aviation in this community that activities on the old Island Air. port on East 16th St. Extension in the City of Dubuque be terminated as soon as possible, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that commercial activities on said Island Airport be terminated on August 1st, 1948, and BE IT FURTHER RESOLVED that all leases now on said Island Airport be and the same are hereby cancelled and terminated and that the lesses on said Island Airport be notified of the City's action im cancelling and terminating all ex- isting leases, and BE IT FURTHER RESOLVED that when hangar space for air- craft is available on the new air- port that all operations on said Is- land Airport be terminated and the field closed and the proper authori- ties of the Federal Government notified of such action by the City, and .29-r4 238 Special Session, June .1uFFh, 1948 BE IT FURTHER RESOLVED that the City Solicitor be and he Is hereby instructed and directed to give all required notices and take whatever legal action is necessary to terminate any and all said lease agreements, and to take any and all necessary legal proceedings for the eviction of any lessee on said Island Airport. Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Coucilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. June 29, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On May 10, 1948 your honorable body in response to a request by Lawrence Clemen and a recom. mendation by the Building De- partment granted permission to erect a Pre -Fabricated home at 1845 University Avenue. This build- ing known as the Homart is being sold by the Sears Roebuck Co. The building is now erected, has been thoroughly inspected and if the house after inspections by you meets with your approval, I would recommend that blanket permis- sion be given to erect the Homart Homes in the City of Dubuque. Respectfully submitted, DONALD J. BANDY, Building Inspector. Councilman Murphy moved that the communication of Building In. spector Bandy be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proposed Budget for the office of City Assessor for the year 1948, pre- sented and read. Councilman Wharton moved that the proposed budget for the office of the City Assessor for the year 1948 be re- ferred to the Council for considera- tion. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 118-48 Whereas, Claus Schlichtman has applied to the City of Dubuque re- questing permission for the exten- sion of a sanitary sewer in Wood- worth Street from the manhole in Cottage Place northerly approxi- mately 182 feet to serve Lot 28 of Pleasant View, under certain stipulated conditions. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That permission be, and the same is hereby granted to Claus Schlichtman for the ex- tension of the sanitary sewer from the manhole in Cottage Place northerly approximately 182 feet to serve Lot 28 of Pleasant View. Section 2. That the construction of said sewer, which includes the type of pipe and location thereof, shall be done only under the super- vision of the City Engineer. Section 3. That the total cost of the construction of said sewer shall be paid by Claus Schlichtman and no part thereof shall be borne by the City of Dubuque. Section 4. That after said sewer has been laid and completed, the street shall be put back in as good condition as it was before it was torn up for the purpose of receiv- ing said sewer, at the cost of Claus Schlichtman and said Claus Schlichtman shall be held respon- sible for any and all damages which may arise out of the con- struction thereof, failure to proper- ly guard the excavations and re- store the street to the condition it was in before the construction be- gan. �24;4 Special Session, June tat*, 1948 Section 5. That after said sani- tary sewer has been constructed all persons living along and adja- cent to said sewer shall have the right to connect therewith, but such right shall only be granted up- on a proper application being made to the City Council and by paying to Claus Schlichtman, his succes- sors or assigns, or depositing in the office of the City Clerk for Claus Schlichtman; the applicant's proportionate part of the cost of constructing said sewer based on the lineal frontage of his property abutting on said street, but in no event shall the amount to be paid by applicant exceed the amount that may be levied under law for the construction of said sewer. Within 60 days after the comple- tion of said sewer applicant shall file with the City Clerk a statement under oath showing an itemized ac- count of the cost thereof. Section 6. That this Resolution shall be effective and in force and effect from and after its passage and adoption by the Council, and written acceptance thereof by ap- plicant. Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ACCEPTANCE OF RESOLUTION Claus Schiichtman, having read the foregoing Resolution, and hav- ing full knowledge of the terms and conditions thereof, hereby accepts the same as adopted, and agrees to comply with all the terms and conditions, and assumes all lia- bilities imposed upon him, includ- ing those set forth in Section 4. Executed this 3rd day of July, 1948. CLAUS SCHLICHTMAN 239 RESOLUTION NO. 119-48 Whereas, J. C. Boland has ap- plied to the City of Dubuque re- questing permission for the exten- sion of a sanitary sewer in West 16th Street from the manhole in Catherine Street westerly approxi- mately 175 feet to serve Lot 19 in Yates Sub., under certain stipulat- ed conditions. Now, Therefore, Be It Resolved by the City Coun. cil of the City of Dubuque: Section 1. That permission be, and the same is hereby granted to J. C. Boland for the extension of the sanitary sewer from the manhole in Catherine Street west. erly approximately 175 feet to serve Lot 19 in Yates Sub. Section 2. That the construction of said sewer, which includes the type of pipe and location thereof, shall be done only under the super- vision of the City Engineer. Section 3. That the total cost of the construction of said sewer shall be paid by J. C. Boland and no part thereof shall be borne by the City of Dubuque. Section 4. That after said sewer has been laid and completed, the street shall be put back in as good condition as it was before it was torn up for the purpose of receiv- ing said sewer, at the cost of J. C. Boland and said J. C. Boland shall be held responsible for any and all damages which may arise out of the construction there. of, failure to properly guard the excavations and restore the street to the condition it was in before the construction began. Section 5. That after said sani. tary sewer has been constructed all persons living along and adjacent to said sewer shall have the right to connect therewith, but such right shall only be granted upon a proper application being made to the City Council and by paying to J. C. Boland, his successors or assigns, or depositing in the office of the City Clerk for J. C. Boland; the applicant's proportionate parL of the cost of constructing said sewer based on the lineal frontage of his property abutting on said street, but in no event shall mount to be paid by applicant ex - teed tho amount that may be levied under law for the construction of said sewer. Within 60 clays after 240 Special Session, June 50h, 1948 the completion of said sewer appli- cant shall file with the City Clerk a statement under oath showing an itemized account of the cost thereof. Section 6. That this Resolution shall be effective and in force and effect from and after its passage and adoption by the Council, and written acceptance thereof by ap- plicant. Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas —Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ACCEPTANCE OF RESOLUTION J. C. Boland, having read the foregoing Resolution, and having lull knowledge of the terms and conditions thereof, hereby accepts the same as adopted and agrees to comply with all the terms and conditions, and assumes all liabili- ties imposed upon him, including those set forth in Section 4. Executed this 29th day of June, 1948. J. C. Boland RESOLUTION NO. 120-48 Whereas, Loras College has ap- plied to the City of Dubuque re- questing permission for the exten. sion of a sanitary sewer in Blake Street from the manhole in Kirk- wood Street southerly approximate- ly 300 feet to serve the north 31 feet of Lot 65 of A. P. Mood's Addition, under certain stipulated conditions. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That permission be, and the same is hereby granted to Loras College for the extension of the sanitary sewer from the ,an. hole in Kirkwood Street southerly approximately 300 feet to serve the north 31 feet of Lot 65 of A. P. Wood's Addition. Section 2. That the construction of sari sewer, which includes the type of pipe and location thereof, shall be done only under the super• vision of the City Engineer. Section 3. That the total cost of the construction of said sewer shall be paid by Loras College and no part thereof shall be borne by the City of Dubuque. Section 4. That after said sewer has been laid and completed, the street shall be put back in as good condition as it was before it was torn up for the purpose of receiv- ing said sewer, at the cost of Loras College and said Loras College shall be held responsible for any and all damages which may arise out of the construction thereof, failure to properly guard the exca- vations and restore the street to the condition it was in before the construction began. Section 5. That after said sani- tary sewer has been constructed all persons living along and adja- cent to said sewer shall have the right to connect therewith, but such right shall only be granted upon a proper application being made to the City Council and by paying to Loras College, its successors or assigns, or depositing in the office of the City Clerk for Loras Col- lege; the applicant's proportionate part of the cost of constructing said sewer based on the lineal front- age of his property abutting on said street, but in no event shall the amount to be paid by applicant exceed the amount that may be levied under law for the construc- tion of said sewer. Within 60 days after the completion of said sewer applicant shall file with the City Clerk a statement under oath showing an itemized account of the cost thereof. Section 6. That this Resolution shall be effective and in force and effect from and after its passage and adoption by the Council, and written acceptance thereof by ap- plicant. V41 Special Session, June qtLt, 1948 241 Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. It. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ACCEPTANCE OF RESOLUTION Loras College, having read the foregoing Resolution, and having full knowledge of the terms and conditions thereof, hereby accepts the same as adopted, and agrees to comply with all the terms and conditions, and assumes all liabili- ties imposed upon them, including those set forth in Section 4. Executed this 6th day of July, 1948. LORAS COLLEGE, Per L. P. Craney, Business Manager. Resolution No. 121-48. Prelimi- nary approval of plans, specifica- tions, form of contract, cost of improvement and all other docu- ments for the construction of the Jackson Street Storm Sewer from the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the cen- ter of Diamond Street; thence on the center line of Diamond Street to the east property line of Cen- tral Avenue; thence along the east sidewalk line of Central Avenue to a point 205.3 feet north of the center of Diamond Street, pre- sented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Necessity for improvement.) RESOLUTION NO. 122-48. WHEREAS, proposed plain, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used for the construction of the Jackson Street Storm Sewer from the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the center of Diamond Street; thence on the center line of Diamond Street to the east property line of Centra' Avenue; thence along the east side- walk line of Central Avenue to a point 205.3 feet north of the center of Diamond Street. BE IT THEREFORE RESOLVED that the City Council on• its own motion or upon petition of property owners, deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement shall be paid out of the sewer fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 29th day of June, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. mzi� 242 Special Session, June k"k, 1948 Councilman Thompson moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. (Fixing date of hearing) RESOLUTION NO. 123-48 WHEREAS, the City Council of The City of Dubuque, Iowa, has by Resolution No. 121-48 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the Cit;r Clerk for public inspection, for the construction of the Jackson Street. Storm Sewer from the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the center of Diamond Street; thence on the center line of Dia- mond Street to the east property line of Central Avenue; thence a- long the east sidewalk line of Central Avenue to a point 205.3 feet north of the center of Diamond Street, and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RE- SOLVED that on the 19th day of July, 1948, 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 own- ers of property may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, and to the passage of the proposed Resolu- tion of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk A. objections to the amount of the pro. posed improvement 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 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec. onded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Resolution No. 124-48. Prelimi- nary approval of plans, specifica- tions, form of contract, plat and schedule and all other documents for the improvement of Platt Street and Platt Street Extension from the east curb line of .James Street to the east curb line of Cardiff Street, estimated cost $11,202.76, presented and read. Councilman Wharton moved the a- doption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Necessity for improvement.) RESOLUTION NO. 125-48. WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assessed together with a valua- tion fixed by the Council. Special Session, June 4#*, 1948 243 6. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of materi- al to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it ad- visable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon ana against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid cut of the general fund, improve ment funds or sewer funds, or part- ly out of each of such 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 tc pay the contractor. The raiiway portion of any street or assessment district shall be assessed to ane paid by the railway company. The above resolution was intro duced, approved and orderei placed on file with the City Clerl this 29th day of June, 1948. Approved and placed on file for final action. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOF FATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt. Murphy, Thompson, Wharton. Nays — None. (Fixing date of hearing) RESOLUTION NO. 126-48 WHERI.'AS, the City Council of the City of Dubuque, Iowa• has by Resolution NO. 124-48 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 Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street, and, WHEREAS, the proposed Reso. lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RE- SOLVED that on the 19th day of July, 1948, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and snake objection to the proposed plans and specifications and proposed form of contract and at the same time t the boundaries of the proposed district, to the cost of the im- provement, 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 di- rected to cause a notice of the time and place of such hearing to be published in some newspaper pub- 244 Special Session, June 1946 lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for Its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final de- cision thereon. Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec. onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Resolution No. 127-48. Prelimi- nary approval of plans, specifica- tions, form of contract, plat and schedule and all other documents for the improvement of Balke Street from the north property line of Strauss Street to the south property line of Groveland Place, estimated cost $13,470.49, present- ed and read. Councilman Wharton moved the adoption of the resolu- tion. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson., Wharton. Nays — None. (Necessity for improvement.) RESOLUTION NO. 128-48 WHEREAS, proposed plan,. specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: I. 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 assessed together with a valuation fixed by the Council. 6. An estimate of the cost of the proposed improvement. 6. In each case the amount there. of which is estimated to be assessed against each lot, for the improvement of Balke Street from the north property line of Strauss Street to the south property line of Groveland Place. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it ad. visable and necessary for the public welfare to make the herein mentioned improvement, and un- less property owners at the time of the final consideraton of this Proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifica- tions which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the a- mount provided by law, property will be assessed whether the same abuts thereon or ?s adjacent there. to according to area and in pro- portion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred Payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. Special Session, June 1948 245 The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 29th day of June, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Wharton. Carried oy the following vote: Yeas — Mayor Van Duelman. Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Fixing date of hearing) RESOLUTION NO. 129-48 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 127-48 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 Balke Street from the north property line of Strauss Street to the south property line of Groveland Place, and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection. BE IT THEREFORE RE- SOLVED that on the 19th day of July, 1943, a public hearing will be held at 7:30 o'clock P.M. iu the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the im- provement, to the amount proposed to be assessed against any lot and to the passage of the proposed Res- olution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and Place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration end unless property owners at the time of final con. sideration 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 objec tions thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Resolution No. 130-48. Prelimi- nary approval of plans, specifica- tions, form of contract, plat and schedule and all other documents for the improvement of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane, estimated cost $9,696.11, presented and read. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried, by the following vote: Yeas — Mayor Van Duelman, C o u n c 11 m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 131--48 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among Other things the following: aqx� �4` Special Session, June moi, 1948 1. The boundaries of the district, If any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be assessed 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 assess- ed against each lot, for the im- provement of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an aniGunt not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special, benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 29th day of June, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Murphy. Car. ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Fixing date of hearing) RESOLUTION NO. 132-48 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 130-48 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 Lombard Street from the east property line of. Gandolfo Street to 100 feet east of the east property line of Meadow Lane, and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RE- SOLVED that on the 19th day of July, 1943, 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 own- ers of property subject to assess- ment for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the im- provement, to the amount proposed to be assessed against any lot and to the passage of the proposed y Special Session, June nth, 194.8 247 Resolution of Necessity and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final con- sideration 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 objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Resolution No. 133-48. Prelimi- nary approval of plans, specifica- tions, form of contract and all other documents for the construc- tion of 16 units of multiple "T" Hangars for the Muni*pal Airport, presented and read. Councilman Murphy moved the adoption of the resolution. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 134--48 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 133-48 given its preliminary approval of the pro- posed plans, specifications and form of contract and placed the same on file in the office of the City Clerk for public inspection r 'or the construction of sixteen snits of multiple T—hangars at the Municipal Airport: NOW, THERE- FORE, BE IT RESOLVED that on the .9th day of July, 1948, a public hear. Ing will be held at 7:30 o'clock P.M. in the Council Chamber in the City Hall at which time and place any and all persons interested may appear and make objection to the proposed plans, specifications, con- tract for or cost of the improve- ment. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in the official newspaper at least ten days before said hearing, at which hearing the Council will hear any objections and any evidence for or against the same and enter on record it` decision thereon. Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 135--48 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that pursuant to Resolution No. 133-48 which was duly passed by this Council providing for tha construction of sixteen units of multiple T—hangars at the Municipal Airport, be and the same are hereby ordered constructed by this Council upon its own motion. All the work shall be constructed according to the plans and specifi- cations heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Cfty Clerk be and he is hereby ordered and directed q 248 Special Session, June j4kb, 1948 to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law and said improvements shall be com- pleted within 90 working days from the date of commencement which shall be specified in a written notice to proceed by the City Man- ager. BE IT FURTHER RESOLVED that this Resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its adoption by the City Council. Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 136-48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the Ctiy of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS Alford Finch, 1347 Central Ave. Klauer—Julien Hotel Co., 2nd & Main Streets. Paul J. Meyer, 532 East 22nd St. Ernest Latham and Myrtle Latham, 892 Cleveland Avenue. A• R. Uppinghouse, 238-240 West 6th Street. Henry J. Scherr and James J. Scherr, 1198 White Street. John M. Thompson & Clarence E. Thompson, 210 West 1st Street. Dubuque Lodge No. 355, Loya) Order of Moose, 1379 Central Avenue. Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Streets. Thomas F. McDonough and Ruth McDonough, 1052 University Ave. Daniel McDonald, 216 West 1st Street. Mrs. Kate Capretz and Wm. Lembke, 2595 Rhomberg Avenue. John J. Baumgartner and John M. Baumgartner, 1543 Central Ave. The Great Atlantic & Pacific Tea Co., 13th & Iowa Streets. Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street. Dubuque Metal Trades Council Club, 111 West 6th Street. Levi J. Roach, 330 Main Street. George Deyoe, 569 Main Street. Vincent B. Schwartz, 1105 Wal- nut Street. Morris B. Flick, 5 Eigth Avenue. Frank H. Berntgen, 2186 Central Avenue. Diamond's Grill, Inc., 900-910 Main Street. James M. Kane, 1205 Cleveland Avenue. Harold A. Cosley and William W. Cosley, 1121 University Avenue. John Schaetzle, 2162 Central Avenue. Angela E. Martin, 280 Locusi Street. Irvin G. Hessel and William H. Potter, 2678 Central Avenue. Veterans of Foreign Wars Club, 1201 Central Avenue. Navy Club of Dubuque, Ship No. 67, 2417-23 Rhomberg Avenue. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Millard Poquette and Raymond Syke, 923 Main Street. John G. Corbett, 908 Rhomberg Avenue. Louis Anthoine, 119 West 6th Street. John Glynn and Helen Glynn, 659 Central Avenue. Marie Ernst and Dorothy Arthofer, 701 Central Avenue. Mike Sand and Marie Sand, 2498 Central Avenue. Leonard P. Bertsch (Merchants Hotel), 304-326 Main Street. Tenenbom's Super Market, Inc., 630 Locust Street. Andrew D. Karigan, 720 Main St. Andrew D. Karigan, 401 Central Avenue. Orville P. Murphy, 435 Central Avenue. & 4Zw Special Session, June , 1948 249 Joseph J. Siege, Jr., & Ferdi- nand W. Kenniker, 2401 Windsor Avenue. Fred Herber and Annabelle Herber, 2108 Central Avenue. John F. Tench and Vincent W. Miescher, 1233 Rhomberg Avenue. Ben A. Bogue, 3198 Central Ave. Roy Brammer and Res Brammer, 1306 Delhi Street. Kermit Meyers and Thomas Lilly, 714 Main Street. Harry Murphy and Dorothy Mur- phy, 1097 Jackson Street. Millard Poquette and Clifford G. Harker, 951 Main Street. Walter Mengis, 1618 Central Ave. Ione Miller and Glen Miller, 1322 Central Avenue. Sidney J. Tyrrell and Eugenia P. Tyrrell, 1564 Central Avenue. Gilbert J. Nicks and Josephine Nicks, 201 East 22nd Street. Frederick Landolt, 690 West Locust Street. William Savary and Viola Savary, 827 Dodge Street. George Ragatz, Jr., 1996 Cen- tral Avenue. Joseph C. Schneider, 2900 Cen- tral Avenue. George J. Zillig, 235 West 9th Street. National Tea Company, 1604 Cen- tral Avenue. National Tea Company, 896-898 Main Street Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue. Joe Harris, 2117 University Ave. Walgreen Company, 813 Main St. Arthur H. Eichman, 2119 Rhom- berg Avenue. Donald C. Moes and Leo J. Weber, 698 Central Avenue. Mrs. Marie Clancy, 177 Main Street. Clifford Calvert and Bertha Cal- vert, 185 Main Street. Tom J. Hickey and John J. Hickey, 55 Locust Street. Loras College, 655 Loras Blvd. Albert G. Peryon, 257 Eighth Ave. Peter Klauer, 2700 Jackson St. Fred C. Potterveld and Winifred S. Potterveld, 1687 Delhi Street. Earl J. McNamara, 1046 Univer• sity Avenue. Hartig Drug Company, 730 Main Street. Hartig Drug Company, 2376 Cen tral Avenue. Hartig Drug Company, 97 Locust Street. Page Hotel Company, 73-75 East ith Street. Gus L. Manternach, 1105 Loras Blvd. John J. Ludescher, 1897 Semi- nary Street. George C. Kruse, 2418 Central Ave. John Henkel and Alma Henkel, 2222 Central Avenue. R. D. Hughes, 1006 Central Ave. Anton Fortmann Co., 253 Main Street. William Trimpler, 1563 Central Avenue. Otto J. Dunbar, 2401 Jackson Street. Nick F. Wathier and Marie A. Wathier, 678 Central Avenue. M. J. Ludwig, 1545 So. Grand- view Avenue. Wm. C. Leik, 501 Rhomberg Ave. B. A. Ruegnitz, 629 Rhomberg Avenue. Jack Solomon, 555 Main Street. Arthur J. Trapp, 1266 Central Avenue. Ray Irwin and Paul Megonigle, 101 Main Street. John J. Haley and Fay H. Haley, 1298 Main Street. Ernest W. Pfalzgraf, 1300 Cen- tral Avenue. Milton Fink, 3165 Central Avenue. Dubuque Cycle Club, 720 Iowa Street. Roshek Brothers Company, 700- 798 Locust Street. United Cigar—Whelan Stores Corporation, 805 Main Street. Mrs. Josephine Burke, 1091 Main Street. Arthur Apel, 1176 Iowa Street. John Grutz and Clara Grutz, 2991 Central Avenue. John Meisenburg and Carl E. Blosch, 450 West Locust Street. Lester Shetler and Sylvester Shetler, 1638 Central Avenue. James P. Kachevas, 493 Main St. Mrs. Margaret Barrington, 244 West 1st Street. North End Choral Club, 2774- 2776 Jackson Street. Lawrence Schwartz, 500 Rhom- berg Avenue. J. Louis Spielman and Susan Spielman, 601 Rhomberg Avenue. Clarence J. Bowen and Robert L. Hanson, 1590 Elm Street. Leo NT. Kraus, 1096 Central Ave. B.P.O.E. Lodge No.297, 7th & Locust Streets. 49w- �5o Special Session, June r#h, 1948 Joseph Collins, 397 East 20th St. Joseph J. Ott, 2003 Washington Street. Carl Van Duelman, 590 Semniary Street. G e o r g e Kanavas, 1689 Elm Street. Union League Club, 400 Iowa St. Audrey J. Fesler, 553 Eighth Avenue. Oasis Club, 998 Central Avenue. Mrs, Rosemary Bird, 2220 Univer- sity Avenue. Phillip Mihalakis, 800 East 16th Street. Merlin Apel, 1195 Dodge Street. Russell G. Kissling, 1585 Delhi St. Ann Burke and Mrs. R. F. Trapp, Mercy Hospital, James & Peabody Streets. Harry A. Rawson, 342 Main St. Triangle Cafe, 926 Main Street, Frank W. Thompson and John F. Thompson, 250 West 1st Street. Ray Hutchins and Paul A. Leonard, 239 West 6th Street. W. C. Crahan, Cor. Dodge & Bluff Streets. George J. Scherer, 1187 Iowa St. Wm. E. Wodrich, 1101 Rhomberg Avenue. Hiawatha Club, 576 Central Ave. Ray J. Nicks, 521 East 22nd Street. Henry Torrey, 205 Kaufman Ave. Fraternal Order of Oricles, 1600 Central Avenue. Hawkeye Lodge of City of Dubuque, Iowa, 1382 Central Ave. Mrs. Anna Heiar, 1900 Washnig- ton Street. John E Noel and June Noel, 2400 Central Avenue. Clifford Steffen and Helen Stef- fen, 1046 Central Avenue. William Maas and Elizabeth Maas, 1401 Elm Street. Dr. Pepper Bowling Lanes Club, 880 Locust Street. Zeno A. Tranel, 598 Main Street. George Miller, 400 Central Avenu Thos. R. Peed and Raymond G. Wunder, 236 West 7th Street. Sylvester Weiner and Dolores Weiner, 201 East 22nd Street. George Lanser and Helen Lanser, 3165 Central Avenue. Joseph Hillard and Bernice Hil- lard, 431 Rhomberg Avenue. Wm. Wagner, 1501 Rhomberg Avenue, Roy A. Wright, 2600 Jackson St. Frank J. Pusateri, 1296 Central Avenue. Central Avenue. John C. Beck, 1501 Central Ave. Theodore T. Kies, 1362 Central Avenue. John P. Manders, 2541 Central Avenue. N. J. Kopp, 253 East 21st St. Mrs. Wilma Gloeckner, 343 Eigth Avenue. Louis J. Winkler, 625 Central Avenue. Melvin C. Lynn, 424 West Locust Street. Victory Club, 326 Main Street. Merlyn L. Weber, 1904 Central Avenue. Francis O'Toole and Arlene Pauly, 280 Main Street. American Legion, Dubuque Post No.6, 494 Main Street. Amy Haley, 815 West 5th Street.. Charles Pechter and Ruth Pechter, 342 Eigth Avenue. Peter Petrakis, 1401 Central Ave. Leo A. Booth and Alice E. Booth, 560 Nevada Street. Vincent J. Hogan, 231 West 2nd Street. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. George Westercamp, 1399 Jack- son Street. Henry L. Kress, 731 Rhomberg Avenue. Fred H. Cooper and Leo V. Cun- ningham, 2511 West 6th Street. Kenneth Ring and Louis A. Ring, 1500 Central Avenue. Louis A. Ring, 155 West 11th St. Dolores Chapman and Thelma Mardauss, 349 Eighth Avenue. Ralph W. Pankratz, 1091 Whita Street. Anthony Schmit, 1048 Main St. Hollywood Grill, 500 Main Street. Clarence C. Buelow, 1555 So. Grandview Avenue. Joseph L. Wingert and Joseph- ine Wingert, 400 Rhomberg Ave. Dubuque Packing Company, 16th and Sycamore Streets. Frank M. Kelly and Francis E. Kelly, 1075 Dodge Street. American Veterans of World War II, Dubuque Post No.3 (Am- vets), 429 Main Street. Dale Duncan, 132 Eigth Avenue. Mrs. Florence Helmer, 3203 Jack- son Street. Earl T. Avery, 1602 Lincoln Ave. Peter J. Apel, 265 West 1st St. William White, ' 1995 Asbury St. J. F. Stampfer Company, 80e Main Street. r• Special Session, June , i9,48 2j1 A. J. Ender, 534 Rhomberg ,lvenue. A. J. Ender, 1703 Maple Street. Robert A. Lange and John D. Paine, 2616 Windsor Avenue. Alfred Hedley and Lillian Hedley, 579 Eigth Avenue. Frank Klein and Anna Klein, 600 Central Avenue: Frank Sand and Elsie Sand, 2364 Washington Street. Raymond McLaughlin, 115 East 22nd Street. Isadore and Dorothy Blum, 2412 Central Avenue. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Avenue. Leo P. Manahl, 785 Groveland Place. Clarence Pregler, 2403 Central Avenue. Mary Abersold, 120 West 4th St. Robert J. Bowen, 1105 Univer- sity Avenue. Harry Kopple, 1098 University Avenue. The Rex Club, 127 West 6th Street. Stanley Meis, 605 West Locust Street. Robert McFarlane, 1798 Central Avenue. Robert E. Sullivan, 620 So. Grandview Avenue. Harold A. Casey, 655 Seminary Street. Hazel Bradbe.rry, 2026 Central Avenue. Raymond M. Galliart and Evelyn M. Galliart, 1405 Dodge Street. Clarence J. Pfeiffer, 1555 Cen- tral Avenue. Paul J. Clancy, 241 Main Street. Disabled American Veterans Club of Dubuque, Iowa, 951 1-2 Main Street. Fred Weiner, 1101 White Street. Ellas Mihalis, 574 East 16th St. Arthur W. Pins, 408 West Locust Street. William Hochberger, 1701 Asbury Street. Charles 1! alkenhainer, 1097 Uni- versity Avenue. George P. Arvanitis, 1958 Central Avenue. Melvin H. Maas, 700 East 16th Street. Frank Reis, 509 Eigth Avenue. John M. Kane, 29 Eigth Ave. Louis Bournias and Rhea Bournias, 2284 University Avenue. Myrtle A. Chapman, 53 West 12th Street. William L. Johanningmeier, 1879 Central Avenue. John J. Ward, 1876 Central Ave. Thomas E. Nacos, 1598 Jackson Charles S. Dugan, 390 East 12th Street. Arthur F. Herber and Theresa Herber, 2319 Prince Street. Steve Cole, 402 Main Street. Martin Meyer and Vernon Meyer, 530 East 22nd Street. Leo F. Link. 1487 Central Ave. Dell Warren and Ralph Warren, 1700 Central Avenue. Melvin B. McDonough, 305 Eigth Avenue. Wm. F. Barrington and Walter J. Duccini, 176 Locust Street. Paul C. Wright, 2987 Jackson St. Charles T. Snyder and Elsie Snyder, 543 Eighth Avenue. Joseph Walsh, 21 West 7th St George T. Vrotsos and Spiros D. Coven, 605 Main Street. Rod and Gun Club, 1103 'iowa St. Harry J. Smith, Sr., 2239 Univer- sity Avenue. Bert Zelens, 401 Main Street. Eugene McCann, 802 Iowa Street. Mildred M. Schaller and Clara R. Schaller, 378 Main Street. Louis O'Meara, 1655 Delhi Street. Frank J. Paar, 1828 Central Ave. Myron C. Vincent, 1875 Univer- sity Avenue. Luxemburg Club of Dubuque, 1862 Central Avenue. Edmund N. Manders, 1001 Rhom- berg Avenue. Arnold B. Osterhoff, 1415 Rhom- berg Avenue. tlruso A. Alba, 2601 Jackson St. Joseph A. Paradiso and Frank Paradiso, 1142 Iowa Street. Harry N. Gantert, 1301 Rhomberg Avenue. R. Daniel Winders, 2204 Central Avenue. Opal Gilmer, 310 East 30th St.. Anna Hamilton, 1080 University Avenue. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. this 29tFRANIi day fVANeDUELMAN Passed, adopted and approved Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. ait4 252 Special Session, June tok, 1948 Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car - tied by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 137-48 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 Coun- cil of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Walter Mengis and Mathilda Mengis. 1618 Central Avenue. Andrew D. Karigan, 720 Main St. Mrs. Kate Capretz and Wm. Lembke, 2595 Rhomberg Avenue. Daniel McDonald and Loretta McDonald, 216 West 1st Street. John Meisenburg and Carl E. Blosch, 450 West Locust Street. George Kanavas, 1689 Elm St. Fred Herber and Annabelle Herber, 2108 Central Avenue. Albert M. Meyer, 779 Iowa St. Harold A. Cosley and William W Cosley, 1121 University Avenue. John M. Thompson and Clarence E. Thompson, 210 West 1st Street. Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue. Klauer—Julian Hotel Co., 2nd & Main Streets. William Savary and Viola Savary, 827 Dodge Street. Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue. R. D. Hughes, 1006 Central Ave. Mike Sand and Marie Sand, 2498 Central Avenue. John J. Haley and Fay H. Haley, 1298 Main Street. George J. 2illig, 234 West 9th St. James P. Kachevas, 493 Main St Clifford Steffen and Helen Steffen. 1046 Central Avenue. Anton Fortmann, 253 Main St George Westercamp, 1399 Jack- son Street. George J. Scherer and Emma Scherer, 1187 Iowa Street. Harry A. Rawson and Grace Rawson, 342 Main Street. William Maas and Elizabeth Maas, 1401 Elm Street. Donald C. Moes and Leo J, Weber, 698 Central Avenue. Joseph L. Wingert and Joseph- ine Wingert, 400 Rhomberg Ave. Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Ave. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. George Lanser and Helen Lanser, 3165 Central Avenue. Charles Pochter and Ruth Poch - ter, 342 Eigth Avenue. Frank Sand and Elsie Sand, 2364 Washington Street. Thomas R. Peed and Raymond G. Wunder, 236 West 7th Street. Raymond McLaughlin, 115 East 22nd Street. Frank Klein and Anna Klein, 600 Central Avenue. William E. Wodrich and Anna Wodrich, 1101 Rhomberg Avenue. Dale Duncan, 132 Eighth Avenue. Isadore Blum and Dorothy Blum, 2412 Central Avenue. Melvin H. Maas, 700 East 16th Street. John M. Kane, 29 Eighth Ave. Charles S. Dugan and May E. Dugan, 390 East 12th Street. Anna Hamilton, 1080 University Avenue. Glen Miller and Ione Miller, 1322 Central Avenue. John E. Kringle, 64 Locust St. CLASS "B" PERMIT FOR PRIVATE CLUB NAME AND ADDRESS Longview Ski Club, 34-36 West 4th Street. The American Legion, Dubuque Post No.6, 494 Main Street. Benevolent & Protective Order of Elks, Dubuque Lodge No.297, N.W. Cor. 7th & Locust Streets. Fraternal Order of Orioles, Dubuque Nest No.11, 16th & Cen- tral Avenue. The Dubuque Club, 9th & Main Streets. Veterans of Foreign Wars, Inc., Leo A. Schwind Post No.508, 1201 Central Avenue. Dubuque Cycle Club, 720 Iowa Street, The Rex Club, 127 West 6th St. Fraternal Order of Eagles, Aerie No.568, 6th & Locust Streets. CLASS "C" PERMIT Harold A. Casey, 655 Seminary Street. F_ Special Session, June u:�*, 1948 253 Roshek Bros. Company, 700-798 Locust Street. Vincent J. Hogan, 231 West 2nd Street. Frank W. Thompson and John F. Thompson, 250 West 1st Street. Otto J. Dunbar, 2401 Jackson St. Arthur W. Pins, 408 West Locust St Passed, adopted and approved this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 138-48 WHEREAS, heretofore applica- tions 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 a proper bond; NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS B" PERMIT NAME AND ADDRESS Walter Mengis and Mathilda Mengis, 1615 Central Avenue. Andrew D. Karigan, 720 Main St. Mrs. Kate Capretz and Wm. Lembke, 2595 Rhomberg Avenue. Daniel McDonald and Loretta McDonald, 216 West 1st Street. John Melsenburg and Carl E. Blosch, 450 West Locust Street. George Kanavas, 1689 Elm Street. Fred Herber and Annabelle Herber, 210S Central Avenue. Albert M. Meyer, 779 Iowa Street. Harold A. Cosley and William' . Cosley, 1121 University Avenue. John M. Thompson and Clarence E. Thompson, 210 West 1st Street. Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue. Klauer--Julian Hotel Co., 2nd & Main Streets. William Savary and Viola Savary, 827 Dodge Street. Leo M. Sadler and Dorothy Sadler, 2600 Central Avenue. R. D. Hughes, 1006 Central 1ve. Mike ,and Marie Sand, 2498 Central Avenue. John J. Haley and Fay H. Haley, 1298 Main Street. George J. Ziliig, 234 West 9th St. James P. Kachevas, 493 Main at. Clifford Steffen and Helen Steffen, 1046 Central Avenue. Anton Fortmann, 253 Main St. George Westercamp, 1399 Jack- son Street, George J. Scherer and Emma Scherer, 1187 Iowa St. Harry A. Rawson and Grace Rawson, 342 Main Street. William Maas and Elizabeth Maas, 1401 Elm Street. Donald C. Moes and Leo J. Weber, 698 Central Avenue. Joseph L. Wingert and Joseph- ine Wingert, 400 Rhomberg Ave. Clarence C. Buelow and Adele Buelow, 155 So. Grandview Ave. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. George Lanser and Helen Lanser, 3165 Central Avenue. Charles Pechter and Ruth Pechter, 342 Eighth Avenue. Frank Sand and Elsie Sand, 2364 Washington Street. Thomas R. Peed and Raymond G. Wunder, 236 West 7th Street. Raymond McLaughlin, 115 East 22nd Street. Frank Klein and Anna Klein, 600 Central Avenue. William E. Wodrich and Anna Wodrich, 1101 Rhomberg Avenue. Dale Duncan, 132 Eighth Avenue. Isadore Blum and Dorothy Blum. 2412 Central Avenue. Melvin H. Maas, 700 East 16th Street. John M. Kane, 29 Eighth Avenue. Charles S. Dugan and May E. Dugan, 390 East 12th Street. Anna Hamilton, 1080 University Avenue. Glen Miller and Ione Miller, 1322 Central Avenue. 254 Special Session, June 1#th, 198 CLASS "B" PERMIT FOR PRIVATE CLUB NAME AND ADDRESS The American Legion, Dubuque Post No.6, 494 Main Street. Benevolent & Protective Order Cor. 7th & Locust Streets. Fraternal Order of Orioles, Dubuque Nest Noll, 16th & Cen- tral Avenue. The Dubuque Club, 9th & Main Veterans of Foreign Wars, Inc., Leo A. Schwind Post No.508, 1201 Central Avenue. Dubuque Cycle Club, 720 Iowa Street. The Rex Club, 127 West 6th St. Fraternal Order of Eagles, Aerie No.568, 6th & Locust Streets. CLASS C" PERMIT Harold A. Casey, 655 Seminary Street. Roshek Bros. Company, 700-798 Locust Street. Vincent J. Hogan, 231 West 21ld Street. Frank W. Thompson and John F. Thompson, 250 West 1st Street. Otto J. Dunbar, 2401 Jackson Street. Arthur W. Pins, 408 West Locust Street. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved. this 29th day of June, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 139-48 ..... Whereas, an Aviation Dealers Airport Lease Agreement by and between the City of Dubuque as lessor and Ben C. Arquitt of Far- ley, Iowa, as tenant has been pre- pared and recommended to this Council for execution, and Whereas, this Council has con- sidered the matter and is of the o- pinion that it is in the public in- terest to enter such agreement. NOW, THEREFORE, Be It Resolved by the City Cot;r- cil of the City of Dubuque, Iowa that the lease agreement be made by and between the City of Dubu- que as lessor and Ben C. Arquitt of Farley, Iowa as tenant and the Mayor and Clerk of said City be and they -are hereby authorized and directed to sign the lease agree- ment for and on behalf of the City of Dubuque, Iowa, Passed, adopted and approved this 29th clay of June, 1948. FRANIi VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -- M a y o r Van Duelman, Councilmen Moffatt, Murpny, Thompson, Wharton. Nays — None. AVIATION DEALERS AIRPORT LEASE AGREEMENT THIS LEASE, made in the City of Dubuque, State of Iowa on the 29th day of June, 1948, bo- tween the City of Dubuque, State of Iowa, herein called the "Les- sor", and Ben C. Arquitt, of Far- ley, Iowa, herein called the "Ten- ant." WITNESSETH: DESCRIPTION OF PROPERTY. That the Lessor hereby leases to the Tenant, and the Tenant hereby hires and takes from the Lessor, the following described premises situated upon the Muni- cipal Airport, located in the County of Dubuque, State of Iowa, to -wit: Special Session, June t#is; 10,48 2.�5 A. The Tenant is renting a cer- tain portion of the Municipal Air- port for the location of buildings to be constructed by the Tenant. Said certain portion shall be locat- ed in the area reserved by the Lessor for building purposes and shall measure 100 feet x 250 feet, 100 foot side to be frontage on the Taxi -way. The property being rented by the Tenant is lot number one as shown on the building area drawing now on file at the City Hall and made a part of this agree- ment. Together with said land, the Tenant shall have the privilege of using at no additional charge the public portion of the said airport and the public facilities there pro- vided under such rules and regula- tions as now exist or may hereafter be enacted by the Dubuque City Council. LEASE TERM. That this lease for land upon which the Tenant shall construct buildings as hereinbefore prov.-ed in Paragraph A, shall be for a term of twenty hears commencing on June 2J, 1918, unless sooner or later terminated as hereinafter provid- ed, at the annual rent as herein- after provided and more fully de- fined, and to be paid as hereinafter provided. USE OF PREMISES. That during the lease term the leased premises shall be used and occupied for any proper and lawful business activity except the follow- ing: a restaurant, lunch counter. drug store, narber shop, hotel, o- vernight cabins, theater, or for tha sale of intoxicating liquors. How- ever, nothing contained herein shall be construed to prevent the Les- sor and the Tenant from enter - big into a separate mutually acctPt- able agreement allowing the Ten- ant to engage in any of the above excluded business activities. That, in consideration of the foregoing letting, it is mutually covenanted and agreed: DILIGENCE BY THE TENANT. FIRST: That the Tenant, on the leased premises shall be dili- gent in the prosecution of the Ten- ant's business on the said premises and will do those things necessary andproper to serve the public fairly in the fields of commercia activity engaged in by the Tenant and the Tenant will conduct its business in such a manner as will not reflect discredit upon the Les- sor or cause the Lessor loss or dama,ge. However, no provision of this lease shall be construed to give the Lessor power to deter- mine charges or prices to be charged by the Tenant for goods or services delivered or sold by the Tenant, but it is understood and agreed that said charges and prices shall not be dissimilar to generally accepted good practice on similar airports in this area. TENANTS COMMITMENT TO CONSTRUCT BUILDINGS. SECOND: rhat on the leased premises the Tenant shall con- struct, or shall cause to be con- structed, at no cost to the Lessor, such buildings, structures or im- provements as may be needed by the Tenant in the conduct of the Tenant's business. The plans and specifications for such buildings, structures or improvements must be approved by the proper agents of the Lessor and the construc- tion will be subject to the inspec- tion and approval of the Building Commissioner of the City of Du- buque. The Lessee agrees to erect a hangar in substantial conformity to the plans and specifications at- tached to this lease as Exhibit A which plans and specifications are hereby incorporated as a part of this lease. it is further agreed by the Lessee that construction of this hangar will begin within ten (10) clays from the date of this lease. RENT. THIRD: That the rent for the leased premises which the Tenant shall well :end truly pay as here- inafter specified, shall be as fol- lows: The Tenant shall pay as rent, a sum equal to the total of the fol- lowing percentages and portions of gross sales to and from the entire leased premises, as follows: 8 percent of the gross sales of storage sold to customers, Plus. 1.5 per cent of the gross :,ales of repairs, including sales of parts installed, Plus, 2 per cent of the gross sales at retail of accesories, merchan- dise and parts sold over the coun- t er", Plus. 5-10 of 1 per cent of the gross sales at wholesale of accessories. 0. 1%4 256 Special Session, June 1#h, 1948 merchandise and parts sold "over the counter", plus, 1.5 per cent of the gross sales of all other services performed for and -or sold to customers, including air- plane rentals, sale of flight in- struction and charter flight sales, plus, 3-10 of 1 per cent of the gross sales of airplanes, or other single items of merchandise of a similar character which sells at retail for an amount in excess of $200.00 per item, purchased and sold at re- tail, either new or used but not in- cluding trade-ins, plus, 2 cents per gallon on each gal- lon of gasoline (or other airplane or motor fuel) dispensed from the leased premises whether used by the Tenant or sold to others, plus, 10 cents per gallon on each gal- lon of lubricating oil dispensed from the leased premises whether used by the Tenant or sold to others. In the event that the yearly rent determined by the foregoing per- centages and portions of gross sales in and from the leased prem- ises shall be, in the aggregate, less than $1,250.00 per year, then, and in that event, the Tenant shall pay at the end of each year a sum equal to the difference between the rent to determined and the sum of $1,250.00 per year. It is un- derstood that this $1,250.00 is a franchise charge for the tenant's presence on the airport, and is not related to the square footage of building area space allocated to the tenant. DEFINITION OF GROSS SALES. FOURTH: That the term "gross sales", as herein used, shall mean the gross amount of all sales and deliveries and credits of every kind and nature in and from the leased premises and the business conducted thereon by the Tenant, or by any licensees or subsidaries or sub -lessees of the Tenant, or any other person, or corporation, sell- ing merchandise, or performing services for customers, in, or from, any part of the leased premises, including orders received in the leased premises and delivered from any other place, or place of business, and including orders re- ceived at any other place, or place of business and delivered from the leased premises, and payments re- ceived for services performed for customers, less all returned sales, sales allowances and bad debts created out of sales. ACCOUNTING SYSTEM. FIFTH: That the Tenant, at all times during the term of this lease ,3hall keep at the leased premises, in a system acceptable to the Certified Public Accountant re- ferred to in Paragraph "NINTH", accurate books, accounts, records, and receipts, showing the gross sales of the business conducted on the leased premises and shall pre. serve the same until a final ad- justment, as hereinafter set forth, shall have been made. MONTHLY SALES REPORT. SIXTH: That the Tenant further agrees to furnish the Lessor, on or before the 20th day of each and -very calendar month, during the entire term of this lease, with a complete report for the preceed- ing calendar month. Such report shall show, in detail, the gross sales of the preceeding calendar month, and shall be certified in a manner satisfactory to the Lessor as being a true, correct and com- plete statement of all gross sales, as here -in -before defined, from the said premises, for such preceeding month. SEVENTH: That if it shall ap- pear from any report that in ac- cordance with Paragraph Third "A", a sum of rent is due the Less- or, then, and in any such event, the Tenant shall pay to the Lessor a sum equal to such rent. The rent so ascertained, if any, shall be paid without demand, by the Ten- ant to the Lessor within five (5) days after the final date on which said monthly report is herein re- quired to be furnished by the Ten- ant to the Lessor. ANNUAL SALES AND RENT AUDIT. EIGHTH: (a) That, within thirty (30) days after the close of each rental year under the terms of this lease, a final adjustment and ac- counting for such year shall be had to determine the gross sales for the preceeding year, and the a- mount of total rent paid monthly by the Tenant under the terms of Paragraph Third "A" during such Preceeding year. In the event that such accounting shall show that the total rent paid by the Tenant dur- a94 Special Session, June tok, I948 -257 ing such preceeding year was less than the minimum rent of $1,250.00 per year, then, the Tenant, at that time, shall pay the Lessor the a- mount by which the total rent paid by the Tenant was less than the sum of $1,250.00. (b) That insofar as rent pay- ments are concerned, each rental year shall be computed separately, so that the rent payable under this lease for any one rental year shall not decrease, or increase, or af- fect in any way, the amount of the rental payments made for any previous rental year, or to be made for any subsequent rental year. LESSOR TO INSPECT RECORDS. NINTH: (a) That a Certified Public Accountant acceptable to the Lessor and the Tenant and working for both the Lessor and the 'Tenant at their joint expense shall have the right, at all times, during business hours of the Ten- ant, to inspect the books, account, records, and receipts of all sales in and from the leased premises. TENTH: That if the Lessor shall not be satisfied with any statement rendered to it by the Tenant, it shall, within ten (10) days of the receipts of such state- ment, give notice in writing to the Tenant of its specific dissatis- faction. Unless within ten (10) days of the receipt of such notice, the Tenant shall have satisfied the Lessor as to such statement, tY.e Lessor shall be entitled to an audit of the books of account of the Tenant to be made by account- ants acceptable to the Lessor and the Tenant at the .joint expense of the Lessor and the T( -pant. The result of such audit shall be final xnd binding upon both parties. BUILDING CONSTRUCTION, MAINTENANCE, MORTGAGE. ELEVENTH: That such build- ings, structures or improvements as are constructed on the leased premises shall conform to such building codes and zoning ordinan- ces as may be in existence appli- cable to the airport, at the time any such construction is started, and that the buildings, structures, or improvements on the leased premises shall be kept by the Ten• ant in a safe, clean, neat and or. derly condition. The tenant shall have the right to construct such buildings, structures or improve- ments as the Tenant may deem necessary or desirable subject to the limitations as herein otherwise provided. The Tenant shall have the right to mortgage, subject to the pro- visions of paragraph Seventeenth hereof, the Tenant's equity in any buildings, structures, or improve- ments, constructed by the Tenant on the leased premises. LIENS. TWELFTH: That whenever and as often as the Tenant shall cause to have erected any building, struc- ture, or improverients on the said leased premises, and whenever and as often as it shall repair, rebuild, alter, enlarge or extend any build- ing, structure, or improvement which muy, from time to time, be on the leased premises, it will, in each instance: (a) Pay for all labor performed and materials furnished in and upon such erection, repairing, re- building, alteration, enlargement or extension. (b) Keep said buildings and every building, structure, and im- provernept on said premises free and clear from all liens for labor performed and materials furnished therefor. (c) Defend, at its own cost and expense, each and every lien as- serted or filed against said land, or any part thereof, or against any building, structure or improvement thereon, and. pay each and every judgment made or given against said land, or building, or any part thereof. (d) Indemnify and save harmless the Lessor from each and every claim, demand, action, and cause of action (including counsels' and attorneys' fees), arising out of or in connection with any act or o- mission of the Tenant, or of any agent, einployee, or contractor of the Tenant, in or above the re- largement, or extension of any building, structure, or improve- ment Thereon. INSURANCE ON BUILDINGS. THIRTEENTH: That the Ten- ant will keep all buildings on the leased premises, continuously in- sured durirog the term of this lease against fire and windstorm lost or damage; for an aggregate a- mount equal to 30 per cent of their &44- 258 Special Session, June b#h, 1948 fair market value, and any money received from said. insurance shall be divided between the Tenant and the Lessor as their interests may appear. PUBLIC LIABILITY AND PROP- ERTY DAMAGE. FOURTEENTH: (a) That the Tenant agrees to hold harmless the Lessor for loss, damage or in- jury from act or omission of the Tenant or its employees or agents, whPe on or about said airport, to the person or property of the par- ties hereto and their employees, and to the person or property of any other person or corporation. (b) That the Tenant shall carry Owners—Landlords and Tenants liability insurance of the following minimum amounts and shall carry aircraft liability insurance of the following minimum amounts on each aircraft owned and -or operat- ed by the Tenant on the Dubuque Municipal Airport. All such insur- ance policies .hall be acceptable to the Lessor, and a duplicate copy of each policy shall be filed with the Lessor. 1. Owners—Landlords and Ten- ants bodily iniury insurance of 510,000.00 for all damages arising out of bodily injuries to, or death of, one person and $20,000.00 fcr all damages arising out of bodily injuries to, or death of, two or more persons in any one accident. 2. Owners—Landlords and Ten- ants property damage liability in- surance of $5,000.00. 3. Aircraft. bodily injury liability insurance of $10,000.00 for all dam- ages arising out of bodily injuries to, or death of, one person and $20,000.00 for all damages arising out of bodily injuries to, or death of, two or more persons in any one accident. 4. Aircraft passenger liability in- surance of $10,000.00 for each pas- ::enger seat. 5. Aircraft property damage lia- bility insurance of $5,000.00. TENANT TO COMPLY WITH RULES MADE BY LAWFUL AU- THORITIES. FIFTEENTH: That the Tenant shall comply with all rules and field regulations with respect to control of ground and air traffic and use of the airport which shall be set up from time to time by the Dubuque City Council, and that the Tenant shall abide by all rules and regulations and orders Aeronau- tics Department and the Civil Aeronautics Administration and other lawful authorities with re- spect to aircraft operations on the said airport and with respect to the use of the leased premises. PAYMENT OF TAXES. SIX'T'EENTH: That the Tenant will pay all taxes, assessments, license Yeas or other charges that may be levied or assessed during the term of this agreement upon or against any improvements or e- quipment on said leased premises, or on account of the transacting of business thereon by the Tenant. RIGHT TO REMOVE BUILD- INGS AT END OF TEASE PERIOD. SEVENTEENTH: That at the termination of this lease, if the Tenant shall have paid all taxes. assessments and rent by him pa�- able in this lease, and shall have kept and performed all the terms and conditions of this lease on his part to be kept and performed, the Tenant shall have the privilege of removing from the said premises all buildings or property thereon belonging to the said Tenant and shall restore said premises to as good condition as the same were in when they were entered upon by the Tenant, provided the Tenant does so within one (1) year after the termination of this lease. If said buildings and property are not ..-o removed within said one-year period, the 'renant hereby conveys the same absolutely to the Lesser and the title thereto upon the ex- piration of said one-year period shall vest in the Lessor without further acct or conveyance. AUTOMATIC EXTENSION OF LEASE. EIGHTEENTH: That in the e- vent the Tenant, through no fault of its own, shall suffer loss by rea- son of being prevented, beyond a reasonable length of time, from us- ing the public portion of the said airport and the public facilities there provided for reasons other than those occasioned by meteoro- logical conditions, or in the event the Tenant shall suffer loss be- cause any governmental agency by virtue of its sovereign power, be- yond a reasonable length of time, stops, suspends or seriously limits Special Session, June k*h, 1948 259 the Tenant's use of the public por- tion of public facilities of the said airport for reasons other than fault of the Tenant, then or in any such oveut, the Tenant during such periods shall not be liable for any rent providing the Leased premises are not used by the Tenant or sub -leases of the Tenant, and, further this agreement and lease shall be extended beyond the ori- ginal termination date hereinbefore stated for a further time equal to the sum of the periods of time tine Tenant has been so prevented from using the public portion of public facilities of the said air- port as hereinbefore stated. It is further agreed that in the event the Tenant is prevented from us- ing the said premises and the pub- lic portion of the airport as here- inbefore stated, that the Tenant shall not be entitled to any compen- sation for loss or damage from the Lessor other than the automatic extension of lease -time as here- in provided. That in the event this lease be terminated by consent of both parties, the City of Du- buque shall have the first right to purchase said premises at a price that may be mutually agreed upon, or at a valuation fixed by a Board of three appraisers, one to be selected by the Tenant, one to be selected by the Lessor, a third to be selected by the two appraisers selected by both parties. The cost of such appraisal shall be borne e- qually by the Lessor and the Ten- ant. LESSOR TO PROVIDE ACCESS TO SERVICES. NINETEENTH: That the Lessor shall, at all times make available existing water, sewer, and elec- tric service lines of capacity as re- quired by the Tenant for the use of the leased premises and the conduct thereon of its business, and that the Tenant shall pay, in addi- tion to its rent, for all water, sew- er, and electric service supplied to and consumed by the Tenant. LESSOR TO OPERATE AIRPORT. TWENTIETH: That the Les- sor itself shall use due and rea- sonable care to properly maintain, operate and manage the Dubuque Municipal Airport at all times in a safe manner. LESSOR TO PROVIDE ACCESS ROADS. TWENTY-FIRST: That the Les- sor shall provide and properly maintain suitable access roads to the leased premises and will use its nest offices in attempting to pro- vide public transportation to and from the airport. LESSOR NOT TO COMPETE. TWENTY-SECOND: That the Lessor shall not itself engage in any commercial activity upon tho said. airport which shall be similar in character to any commercial activity engaged in oil the said airport by the Tenant, except that the Lessor herein reserves the right to rent hangar space in muni- cipally owned hangars to non-com- mercial owners of aircraft. FUTURE LEASES. TWENTY-THIRD: That t h e Lessor shall be free, in its dis- cretion, to rent any other space or concessions on the Dubuque Muni- cipal Airport to any other person, persons or corporations, and for any purpose that It desires, except that airplane motor fuel and lubri- cants shall be allowed to be sold on the airport at retail to the public only by aviation dealer lease hold- ers. However, the Lessor shall not lease any space on the said air- port for commercial activity simi- lar to that engaged in by the Ten- ant upon terms more favorable in any respect to some other lessee than are granted to the Tenant here -under, unless the said more favorable terms are incorporated in and made a part of the terms of this lease. If this covenant shall be breached, the said more favor- able terms shall be considered to be included in this lease from the date that they are included in any other lease executed by the Les- sor. LESSORS DUTY TO GIVE NO- TICE OF DEFAULT. TWENTY-FOURTH: That any default by the Tenant in the pay- nteut of :any rent or any violation in the performance of any of the terms, covenants and conditions of this lease to be performed by the Tenant, shall not entitle the Les- sor to declare a forfeiture of this lease, o• to terminate the term here of, or to re-enter upon the prem" a es, ort to institute eedings,r to take any stepsfur 26o Special Session, June cZi.g.,#_I948 the eviction of the Tenant, unless the Lessor shall notify the Ten- ant in writing, in the manner here- inafter provided, of the claimed de- fault, in the case of the non-pay- ment of rent, within ten (10) days after such notice, and, in the case of any other default or violation within thirty (30) days after such notice, provided however, that if the default or violation (exclusive of a default in the payment of rent.) shall be of such a character that it cannot be corrected within thirty (30) days, the prompt com- mencement by the Tenant of the work of correcting such default or violation and the diligent pro- secution of such work shall be deemed sufficient compliance with the terms of this paragraph. LESSORS RIGHTS IF DEFAULT CONTINUES. TWENTY-FIFTH: That if the Tenant shall make default (1) in the payment of the rental reserved herein, and such default shall con- tinue for ten (10) days after no- tice, or (2) if the observance and performance of any of the other terms, covenants and conditions of this lease, and such default or violation shall continue for thirty (30) days after such notice, or the Tenant shall have failed to con- mence the rectification of such de- fault or violation within thirty (30) days after such notice and to diligently prosecute the same, where the same cannot be com- pleted within thirty (30) days, or (3) if a petition to reorganize the Tenant or for an arrangement of its unsecured debts, shall be filed, or (4) if the Tenant shall be ad- judicated a bankrupt, or (5) if a receiver, or trustee, of the Ten, ant's property be appointed by airy court and such receiver or trustee, shall not be discharged within sixty (60) days after appointment, or (6) if the Tenant shall make a general assignment for creditors, of (7) if the leased premises shall be deserted, or vacated, then and in any of such events, the Lessor may give the Tepant a notice in writing declaring that the term of this lease shall cease and expire after the expiration of ninety (80) days from the date of giving of such notice, and if the Lessor takes such action lease shall so cease End expire as fully and completely US if that day were the date origi- rally fixed in this lease for the expiration hereof, and the Tenant shall forthwith vacate the leased premises and surrender the same to the Lessor, and the Lessor shall be entitled to re-enter upon the said premises by summary proceed- ings or otherwise, and the same to have again, repossess and enjoy. TWENTY-SIXTH: That any remedy specifically granted herein to the Lessor or the Tenant shall be cumulative and in addition to, and not a waiver of, every other remedy given by this Lease or now, or hereafter, existing by law, either independently of or in connection wtih, the provisions of this lease. ERECTION OF SIGNS. TWENTY-SEVENTH: That on the leased premises the Tenant shall be allowed to erect suitable advertising signs to advertise its business, but the form, type, size and method of installation of any signs shall conform with such regu- lations as may from time to time be incorporated in any airport ope- ration code or airport ordi- nance adopted by the Dubuque City Council. TWENTY-EIGHTH: That the Lessor covenants and agrees with the Tenant that, upon the Tenant's paying said rent, and keeping, ob- serving, and performing all of the terms, covenants and conditions of this lease on the Tenant's part to be kept, observed, and performed the Tenant shall, and may, peace- ably and quietly have and hold the premsies hereby leased for the term aforesaid. TENANTS RIGHT TO SUB— LEASE. TWENTY-NINTH: That the Tenant may, at any time, with- out the Lessor's consent, sublet the leased premises, provided however, that in the event of such subletting, Ben C. Arquitt shall remain liable for the full payment of the rent, and Ben C. Arquitt shall remain liable for any sublessee keeping, observing and performing all of the terms, covenants and condi- tions of this lease on the Tenant's part to be kept, observed and Performed, with the same force and effect as if such subletting had not been made, unless specifically released therefrom. LEASE ASSIGNMENT. THIRTIETH: That the Tenant shall not assign this lease except with the written consent of the .a111,r. t R Special Session, June 44..1948 20T Lessor. However, for the purpose of enabling the Tenant to mortgage buildings erected on the leased premises in accordance with para- graph Ninth hereof, the Lessor hereby allows a creditor of the Ten- ant who by due process of law ac- quires title to any of the Tenant's buildings constructed on the leased premises, to own the said buildings for the purpose of selling said buildings to a new owner who shall be acceptable to the Les- sor as a ground lease tenant. THIRTY-FIRST: That all terms. covenants and conditions of this lease applicable to the Tenant, shall be construed to apply equally to the Tenant and to any licenses subsidary, and sublessee of the Tenant. WAIVER OF BREACH. THIRTY-SECOND: That the waiver by the Lessor or the Ten- ant of any breach of any term, covenant or condition herein con- tained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, cov- enant or condition herein conn tained. THIRTY-THIRD: That if it shall be in the public interest, the Les- sor shall have the power to ter- minate and cancel this lease even though it is itself a party to the lease. If this lease is terminated and cancelled, action shall be ir.- stituted in a court of proper juris- diction and the said court shall a- ward the Tenant proper damages. THIRTY-FOURTH: That, ex- cept as herein otherwise provided, the covenants and conditions here- in contained shall be binding upon, and inurs to the benefit of, the legal representatives and succes- sors, respectively of the Lessor and the Tenant. NOTICES. THIRTY-FIFTH: All notices re- quired by law, or by this lease to be given to the Tenant must be written and may be given person- ally or by depositing the same in the United States mail, postage prepaid, and addressed to the Ten- ant at the Dubuque Municipal Air- port. THIRTY-SIXTH: That it is the intent of both parties hereto that the provisions of this contract shall be severable with respect to the effect of a' declaration of invalidity of any provision or appli- cation thereof. THIRTY-SEVENTH: That noth- ing herein shall be construed to prevent the Lessor from making such commitments as it desires to the Federal Government or to the State of Iowa in order to qualify for the expenditure of Federal or State funds on the Dubuque Munici- pal Airport. LEASE CHANGE. THIRTY-EIGHTH: That any of the terms of this lease can be changed upon the mutual con- sent of the Lessor and the Tenant, but to be valid, any such changes must be in writing. IN WITNESS WHEREOF, the parties hereto have executed this lease in duplicate the day and year first above written. LESSOR: CITY OF DUBUQUE, IOWA. BY: FRANK VAN DUELMAN Mayor. BY: J. J. SHEA City Clerk. TENANT: BEN C. ARQUITT State of Iowa l SS. County of Dubuque J On this 29th day of June, A.D. 1918, before me, Geraldine L. Demkier, a Notary Public in and for the County of Dubuque, State of Iowa, personally appeared Frank Van Duelman, Mayor, and J. J. Shea. Clerk of the City of Dubuque, Iiwa, the Corporation which exe- cuted the above and foregoing in- strument, who being by me duly sworn, each for himself, did say that they are respectively the May- or and Clerk of said Corporation; that the seal affixed to said instru- ment is the seal of said Corpora- tion and that said instrument was by them signed on behalf of the said Corporation by authority of its City Council, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them volun- tarily executed. 262 Special Session, June 1948 IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. GERALDINE L. DEMKIER. Notary Public in and for Du- buque County, State of Iowa. State of Iowa l SS. County of Dubuque f On this 29th day of June, A.D. 1948, before me Geraldine L. Demkier, personally appeared Ben C. Arquitt, to me known to be the person named in and who executed the foregoing instrument, and ac- knowledged that he executed the same as his voluntary act and deed. GERALDINE L. DEMKIER Notary Public in and for Du- que County, State of Iowa. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. J. J. SHEA City Clerk. Approved , Adopted 6 qqt Councilmen: 11iO..? Attest: �yi.�lG....... U City Clerk, Regular Session, July 5th, 1948 <<3 City Council (OFFICIAL) Regular Session July 5th, 1948. No members of the City Coun- cil being present upon roll call the meeting was adjourned subject to call. J. J. SHEA City Clerk. Approved .341949. 1949. ("�j Adopted •s7...., 1949. Councilmen: ......... Attest: .... .. r.. .. IRA4....... City Clerk. 264 Adjourned Regular Session, July 6th, 1948 city Council (OFFICIAL.) Adjourned Regular Session, July 6th, 1948. Council met at 7:30 P.M. Present—Mayor Van Duelman, C o u n,c i 1 men Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Mayor Van Duelman stated that this meeting is an Ad- journed Meeting of the Regular Meeting of July 5th, 1948, for the purpose of acting upon such busi- ness as may properly come before a Regular Meeting of the City Council. Return of service, subscribed and sworn to by Robert J. Allen, that he posted along the line of Improvement copies of the notice of levy of special assessment and intention of the City Council to issue bonds to pay for the cost of widening and paving Audubon Street from the north property line of Loras Boulevard to the north property line of Dexter Street, pre- sented and read. Councilman Mur- phy moved that the return of ser- vice be received and filed. Second- ed by Councilman tiVharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to issue bonds to pay for the cost of widen- ing and paving Audubon Street from the north property line of Luras Boulevard to the north prop- erty line of Dexter Street, Thos. Flynn Coal Company, contractor, -amount of Assessment $16,041.75, presented and read. Councilman Thompson moved that the proof of Publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present In the Council Chamber, who wish- es to do so, to address the Council. Seconded by Councilman Thompson Carried by the following vote: Yeas — Ma y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION NO. 140-48 Resolved by the City Council of the City of Dubuque: That to pay for the widening and paving of Au. dubon Street from the north prop. erty line of Loras Boulevard to the north property line of Dexter Street, by Thos. Flynn Coal Com- pany, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the sever- al lots, and parts of lots, and par- cels of r e a l e s t a t e hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Michael & Clare Kepehan- sky, Lot 52 S 1-2, Wood - lawn Park Add . ..................$278.76 Michael & Clare Kepehan- sky, Lot 51, S 1-2, Woodlawn Park Add ............................. $105.73 Wm. J. & Josephine Wey- dert, Lot 51, N 1-2, Wood - lawn Park Add . ....................105.73 Wm. J. & Josephine Wey- dert, Lot 52, N 1-2, Wood - lawn Park Add.....................307.23 Ida S. Murray & Otto Schen- ker, Lot 53, Woodlawn Park Add.................................384.48 Theo A. & Mary Smith, Lot 54, Woodlawn Park Add.....384.48 Esther E. Purvis, Lot 55 Woodlawn Park Add.............384.48 Bert B. & Clare Shannon, Lot 56, Woodlawn Park Add...384.48 Bert B. & Clare Shannon, Lot 57, Woodlawn Park Add. ........................................ 220.73 Chas. A. & Verina B. Schro- bilgen, Lot 57, N 1-2, Wood - lawn Park Add . ....................192.'25 Chas. A. &'s Verina B. Schro- bilgen, Lot 57, N 1-2, Wood - lawn Park Add . ....................384.48 Harold G. & Mary Schlegel Lot 59, Woodlawn Park Add. ....... .........41'1.97 Donald E. & Mildred Wien. eke Lot 60, Woodlawn Park Add . ............................ 384.48 Emma Lattner, Lot 61, Woodlawn Park Add.............384.48 Adjourned Regular Session, July 6th, 1948 265 James L. Riley, Lot 62, Woodlawn Park Add.............384.48 James L. Riley, Lot 63, S 1-2, Woodlawn Park Add. .........220.73 E. J. & Mildred Marietta, Lut 63, NT 1-2, Woodlawn Park Add.................................192.25 E. J. & Mildred Marietta, Lot 64, Woodlawn Park Add. ........................................412.97 Sylvester M. & Velma Haver - land, Lot 65 Woodlawn Park Add . ..............................384.48 Bertrand & Cecelia Fenelon Lot 66, Woodlawn Park Add. ........................................384.43 Bertrand & Cecelia Fenelon, Lot 67, Woodlawn Park ......384.46 Vincent achromen, Lot 68, Woodlawn Park Add.............412.97 Win. J. Jordan, Lot 69, Woodlawn Park Add... ........412.97 Lloyd W. & Mary Kinzie, Lot 70, Woodlawn Park Add. ............. ............. ........3.94.48 C. B. Trewin, Inc., Lot 81, Woodlawn Park Add.. .....384.48 Lowe] T. & Esther Lochner Lot 82, Woodlawn Park Add. ....... ..................................384.48 Standard Oil Co. of Indiana, Lot 83, Woodlawn Park Add. ............................. ..... 384.49 Regina Lenge, Lot. 84, Wood - lawn Park Add. 334.49 Eldon & Bernice Fleege, Lot 85, Woodlawn Park Add. ..... ................................412.98 Isaac W. & Jean Hartness, Lot 86, Woodlawn Park Add. ................ .................... ..384.49 Ray H. & Dorothy Ziel, Lot 87, Woodlawn Park Add . .......................................384.49 Lloyd W. & Hyld.a Luke, Lot 88, Woodlawn Park Add. ....384.49 Geo. F. & Frances Sloan Lot 89, Woodlawn Park Add. ......................................... 384.49 Richard V. & Charlene Hansel, Lot 90, Woodlawn Park Add. ..........................................384.49 Wm. & Ellis Hittenmiller, Lot 91, Woodlawn Park Add. ................... ................... 394.49 Eugene & Marcella Niles, Lot 92, Woodlawn Park Add.......................................3 84.49 John Ii. Fens, Lot 93, Wood - lawn Park Add .......................384.49 Bernice S. Rddle, Lot 94, Woodlawn Park Add.............384.49 Realty Investment Corp. Lot 95, Woodlawn Park Add. ..........................................384.49 Roy & Zora Grammer Lot 96, Woodlawn Park Add. ..384.49 E. L. & Mary Anderson, Lot 97, Woodlawn Park Add. ................. _..,................ 384.49 Mettel Realty & Inv. Co., Lot 98, Woodlawn Park Add. .........................................384.49 Victor A. & Clare M. Rogers, Lot 49, Woodlawn Park Add. .................................. _....585.99 Morris F. cis Jeanette & Aimee Kavanaugh, Lot 100, Woodlawn Park Add. .211.48 $15,635.81 N. 1-2 of Dexter Intersection. Vernon L. & M. F. Winterowd, Lot 71, Woodlawn Park Add. ........................................ $115.06 Vernon L. & M. F. Winterowd Lot 72, Woodlawn Park Add. .......................................43.64 Mervil & Ella Griffin Lot 73 Woodlawn Park Add . ..... ...... 23.79 Mervil & Ella Griffin, Lot 74, S.10', Woodlawn Park Add.... 2.85 Mervil & Ella Griffin, Lot 74, N. 40', Woodlawn Park Add . 8.25 Mervil & Ella Griffin, Lot 75, Woodlawn Park Add..., ....... 3.50 Mervil & Ella Griffin, Lot 39, Rosedale Add . ................... 3.26 Maureen & A. J. Griffin, Lot 38, Rosedale Add. ...........2.32 Fred W. & B. Patrum, Lot 2 Sub of 76 Woodlawn Park Add. ............................................1.44 Alvin Cartigney & Mildred Koehler, Lot 1, Sub of 76, Woodlawn Park Add. ...........5.86 C. B. Trewin, Inc. Lot 77, Woodlawn Park Add. __ _ _... 11.10 Wm. P. Chewning Est., Lot 78, Woodlawn Park Add. ....23.79 Rueben B. & Mabel Austin, Lot 79, Woodlawn Park ........43.64 Rueben B. & Mabel Austin, Lot 80, Woodlawn Park Add. 115.OG Fred W. & B. Patrum, Lot 34 Rosedale Add. _..2.38 $405.91 3215.06 Sq. Yds. 6 1-2" Reinf. Concrete Pave. ment at $4.75 - $15,271.54 9 Driveways of 5.78 Sq. Yds. Each at $4.75 247.95 Extra Expense at .02477 - ..... 384.42 Interest at 6 per cent for 137.84 52 days . . Total $16,041.75 All of which is assessed in pro, portion to the special benefits con- ferred. 26fJJ Adjourned Regular Session, July 6th, 1948 Passed, adopted and approved this 6th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Resolution Providing for the Issuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 141-48 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the widening and pav- ing of Audubon Street hereinafter described has been completed and said improvement has been accept- ed by the City Council of said City and the City Engineer has com- puted the cost and expense thereof to be $16,041.75. AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council tc issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of widening and Paving of Audubon Street from the north property line of Loras Boule- vard to the north property line of Dexter Street, there be issued Improvement bonds to the amount of $16,041.75. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 5th day of August, 1948, shall be in denominations of $500.00, excc,pt that there shall be one bond to the amount of $41.75. They shall be numbered from 3820 to 3852 inclusive and shall be de. vided into ten series, of which the bonds membered 387,0, 3821 and 3822 shall constitute the first series and shall. be payable the first day of April, A.D. 1949, the bonds numbered 3823, 3824, and 3825 shall constitute the second series and shall be payable the first day of April, A.D. 1950, the bonds numbered 3826, 3827, and 3828 shall constitute the third ser- ies and shall be payable the first day of April, A. D. 1951, the bonds numbered 3829, 3830, and 2831 shall constitute the fourth series and shall be payable the first day of April, A. D. 1952 the bonds number. ed 3832, 3833, 3834, and 3835 shall constitute the fifth series and shall be payable the first day of April A. D. 1953, the bonds numbered 3836, 3837, and 3838 shall constitute the sixth series and shall be pay- able the first day of April, A. D. 1954, the bonds numbered 3839, 3840, 3841 and 3842 shall constitute the seventh series and shall be pay- able the first day of April, A. D. 1955, the bonds numbered 3843, 3844 .and 3845 shall constitute the eighth series and shall be payable the first day of April, A. D. 1956, the bonds numbered 3846, 3847, and 3845 shall constitute the ninth series and shall be payable the first day of April, A.D. 1957, the bonds numbered 3849, 3850, 3851. and 3852 shall constitute the tenth series and shall be payable the first day of April, A.D. 1958. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be payable semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the proceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be substan- tially in the following form: No......................................... Series No ......................... CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of April, A.D. 19......, or any time before that date at the option of the City, Ak.. Adjourned Regular Session, July 6th, 1948 267 the sum of .. HUNDRED DOLLARS, ............ with interest thereon at the rate of five per cent. per annum, payable on the presentation and surrender of the interest coupons hereto at- tached, both interest and principal 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 pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Coun- cil of said City, duly passed on the 6th day of July 1948. This bond is one of a series of 33 bonds, 52 for $500.00 numbered from 3820 to 3851 inclusive, and one for $41.75 numbered 3852, all of like tenor and date, and issued for the purpose of widening and paving of Audubon Street from the north property line of Loras Boulevard to the north property line of Dexter Street, and described in said resolution; which cost is assessable to and levied a- long said improvement, and is made by law a lien on all abutting of adjacent property, and payable in ten annual installments, with in- terest on all deferred payments at the rate of five per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things re- quired to be done precedent' to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assess- ments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of sa?i1 City affixed this 5th day of August, 1945, and has authorized the use Of their fac-simile signature to the interest coupons hereto attached. Mayor. ..... ........ .......... I................. Countersigned (Seal) (FORM OF COUPON.) On the day of ................... A. D. 193...., the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum Of .......... ..........__............ Dollars, at the office of the City Treasurer it the City of Dubuque, being .....,, . months interest due that day on its .............................Bond No. ..... , dated .......................... 193..... Mayor. City Clerk. Countersigned BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also regis- ter them in a book to be kept by him for that purpose. BE 1T FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac-simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, be- ginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 6th day of July, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second. 268 Adjourned Regular Session, July 6th, 1948 ed by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l in e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Fred M. Blosch, own- er of Lot 42 in Finley's Addition, requesting that the proposed sani- tary sewer in Seminary Street from the west corporation line to 165 feet east of the east property line of St. Ambrose Street be ex- tended an additional 33 feet, the cost of said extension to be borne by the petitioner, in order that he may be supplied with a floor drain, presented and read. Councilman Wharton moved that the petition be referred to the City Manager to work out an arrangement with the petitioner. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy. Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans, specifi- cations, form of contract and cost of improvement for the construc- tion of an eight inch sanitary sew- er in Seminary Street from the west corporation line to 165 feet east of the east property line of St. Ambrose Street, estimated cost $5,460.98, presented and read. Coun- cilman Thompson moved that the Proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l in e u Moffatt, Murphy Thompson, Wharton. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the construction of an eight inch sani- tary sewer in Seminary Street from the west corporation line to 165 feet east of the east property line of St. Ambrose Street, present- ed and read. Councilman Murphy moved that the proof of publica- tion be received and filed. Second- ed b; Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l in e n Moffatt, Murphy, Thompson, Wharton. Nays --- None. (Decision of Council upon objec- tions to plans, specifications, form of contract, ind cost of improve- ments. ) RESOLUTION NO. 142-48..... WHEREAS, proposed plans and specifications and form of contract for the construction of an eight (8) inch sanitary sewer in Semi- nary Street from the west corpora- tion line to 165 feet east of the east property line of St. Ambrose Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa 1.946, pertaining to public contracts ana bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 6th day of July, 1948; and WHEREAS, the City Council met in Adjourned regular session July 6th, 1948, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of this improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportuni- ty to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE 1T RESOLVED by the City Council of the City of Dubuque that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. Adjourned Regular Session, July, 6th, I948 269 BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 6th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Necessity for improvement.) RESOLUTION NO. 107--48. WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duty prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the folowing: 1. The boundaries of the dis- trict, if any. 2. The size and kind of sewers. 3. Each lot proposed to be assessed together with a valuation fixed by the Council. 4. Ar- estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch sanitary sewer in Seminary Street from the west corporation line to 165 feet east of the east property line of St. Ambrose Street. BE IT THEREFORE RE- SOLVED that the City Council on Its own motion or upon petition of property owners, deems it ad- visable and necessary for the pub- lic welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the a- mount of the proposed assessments, they shall be deemed to have waiv- ed all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed •hhPther the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement fund or sewer funds, or partly out of each of such funds. Bonds shall bo issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 14th day of June, 1948. The foregoing resolution was finally passed and adopted by the City Council this 6th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHE City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- 270 Adjourned Regular Session, July 6th, 1948 onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a. y o r Van Duelman, C o u.n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. (Ordering Construction) RESOLUTION NO. 143-48 BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT i OF DUBUQUE that pursuant to a resolution of necessity No. 107-48 which was duly passed by this Council, for the construction of an eight (8) inch sanitary sewer in Seminary Street from the west corporation line to 165 feet east of the east property line of St. Am- brose Street, be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications 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 improvements be paid for by levying special assessments a- gainst the privately owned proper- ty lying within the assessable dis- tance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and .any deficiency will be paid out of the general improve- ment, or sewer Rinds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay. ments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad. vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said Improvements shall be completed on or before fourteen calendar days after date of contract. 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 6th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of an eight Inch sanitary sewer in Vernon and Edina Streets, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt Murphy, Thompson, Wharton. Nays — None. July 6, 1948 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 o'clock A. M. July 6, 1948 for the construction of an 8" sanitary sewer in Vernon and Edina Streets. One bid was received, that of the Thos. Flynn Coal Co., the tabulation of which is attached. The bid totals $10,819.00 for work estimated at $5,954.00. This bid is submitted for the consideration of the Council. Respectfully submitted, ........................................... A. A. RHOMBERG City Manager. Pr Adjourned Regular Session, July 6th, 1948 271 Councilman Wharton moved that the communication of City Man- ager Rhomberg and tabulation of bid be referred to the Council for consideration at their next meet- ing. Seconded by Councilman Mot- fatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Charles J. Murphy re- questing that the property known as Grassell's quarry located on the east side of Bryant Street between Dodge Street and a point opposite Curtis Street, be rezoned to a multi• ple family district, presented and read. Councilman Murphy moved that the petition be referred to the Planning and Zoning Commis- sion for their recommendation and report. Seconded by Councilman Moffatt. Carried by the following; vote. Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Mr. Charles J. Murphy addressed the Council requesting that a per- mit be issued for the purpose of blasting on the property located at Bryant ,and Dodge Streets. Coun- cilman Murphy moved that a per- mit be issued upon the filing and approval of a blasting bond in the amount of $5,000.00. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the matter of providing a crossing on Railroad Avenue be re- ferred to the Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson Wharton. Nays — None. DEPARTMENT OF COMMERCE. Civil Aeronautics Administration. 215 Jewett Building Des Moines 9, Iowa F^9 June 28 1948 Honorable Frank Van Duelman '_Mayor of Dubuque Dubuque, Iowa. Subject: Dubuque, Iowa, Municipal Airport — CAA Project No. 9-13-020-801 Award of Con- tract. My Dear Mayor: This office has reviewed the recommendations for award con- tained in your report dated June 23, 1948. This administration con- curs in your recommendation to a. ward the general construction con- tract, item 1, to the Wicks En- gineering Company in the amount of $44,769.00; contract for plumb- ing and heating, item 2, to H.B. lMcCarten in the amount of $7,484.00 and contract for electrical wiring, item 3, to Horne & Williams in the amount of $2,889.44, and contract for wFll installation item 4, to the Varner Well Drilling Company in the amount of $7,206.53. You may, therefore, award the contracts as a- bove specified. Please submit to this office four copies of each a- ward. In accordance with our discus- sion, any costs on this project in excess of the original Architect -- engineer's estimate, including con- tingencies, will have to be assumed by the City of Dubuque. Accord- ing to revised estimate, it is be- lieved that all work may be coin- pleted within the estimate. Very truly yours, Paul V. Rcberts District Airport Engineer. Councilman Murphy moved that the communication be received arra made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Year, — Al a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. DEPARTMENT OF COMMERCE Civil Aeronautics Administration. Kansas City 6, Missouri July 2, 1948 Honorable Frank Van Duelman Mayor of Dubuque Dubuque, Iowa Dear Mayor Van Duelman: Reference is made to t h e Request for Federal Aid dated July 14, 1947, signed by A. A. Rhomberg, 272 Adjourned Regular Session, July 6th, 1948 City Manager, which was submit- ted by the City of Dubuque. This request covered the pro- posed construction of a terminal building, landscaping, and other improvements for the Dubuque Municipal Airport, and Federal funds in the amount of $60,000 were requested. Because of Federal funds limitations, only $33,950 of Federal funds have been allocated for the Dubuque Municipal Airport. From the 1949 authorization, this allocation of $33,950 is hereby in- creased by $15,000 to provide funds for the Federal share for a pro- posed project to include an access road and miscellaneous utilities. Sincerely yours, LEONARD W.JURDEN Regional Administrator. Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Certificate of Fire Pension Levy determining and fixing the budget requirements and tax levy for the ensuing year for fire pension pur- poses in the amount of $50,000.00, of which amount the sum of $49: 500.00 is to be raised by taxes, presented and read. Councilman Thompson moved that the certifi- cate be referred to the Council for their consideration. Seconded by Councilman Wharton. Carried -by the following vote: Yeas — Mayor Van Duelman, C o u n c i l in e n Moffatt, Murphy, Thompson, Wharton. Nays None. Certificate of Fire Retirement Levy determining and fixing the budget requirements and tax levy for the ensuing year for fire re- tirement purposes in the amount of $15,000.00, of which amount the suin of $13,712.50 is to be raised by taxes, presented and read. Councilman Wharton moved that the certificate be referred to the Council for their consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Certificate of Police Pensiou Levy determining and fixing the budget requirements and tax levy for the ensuing year for police pen. sion purposes in the amount of $25,- 000.00, of which amount the sum of $24,600.00 is to be raised by taxes, presented and read. Coun- cilman Moffatt moved that the cer. tificate be referred to the Council for their consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Certificate of Police Retirement Levy determining and fixing the budget requirements and tax levy for the ensuing year for police re- tirement purposes in the amount of $11,000.00, of which amount the sum of $10,275.00 is to be raised by taxes, presented and read. Coun- cilman Murphy moved that the certificate be referred to the Coun- cil for their consideration. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas -- Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Certificate of the Play- ground and Swimming Pool Main- tenance Levy determining and fix- ing the budget requirements and tax levy for playground and swim- ming pool maintenance purposes for the ensuing year in the amount of $24,034.00, of which amount the sum of $19,209.00 is to be raised by taxes, presented and read. Coun- cilman Thompson moved that the certificate be referred to the Coun- cil for their consideration. Second. ed by Councilman Murphy. Carried by the following vote: Yeas -- M a y o r Van Duelman, Councilmen Moffatt, Murphy, 'Inonipson, Wharton. Nays — None. Certificate of Playground Im- provement Fund determining and fixing the budget requirements and tax levy for the ensuing year for the impi-ovement of playgrounds in the amount of $28,813.00, all of which amount is to be raised by taxes, presented and read. Council- man Moffatt moved that the certifi- cate be referred to the Council for Adjourned Regular Session, July 6th, 1948 273 their consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman. C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Leroy G. Richman requesting a refund in the amount $50.00 on the unexpired portion of his Class "B" beer permit No. 132, as he has discontinued business as of June 30, 1948, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Leroy G. Richman to cover the amount of refund grant- ed on the unexpired portion of his Class "B" beer permit No. 132. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l nr a rr Moffatt, Murphy, Thompson Wharton. Nays — None. Petition of Andrew McGrath re- questing that the weeds growing on City property on St. Joseph Street and Collins Avenue be cut without further delay, presented and read. Councilman Murphy moved that the request be granted and the weeds ordered cut this week. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the Dubuque Fire Department asking Council to consider an increase in the salary of the members of the Fire De- partment to meet the steadily in- creasing cost of living, presented and read. Councilman Murphy moved that the petition be referrc-i to the Council for their considers. tion. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the Dubuque Police Department asking Council to con sider an increase in the salary of the members of the Dubuque Po lice Department to meet the rising cost of living and also askint ?rompt investigation into tno aossibilities of an equitable re-ad- iustment of the work -week of the Police Department so as to bring about a 40 -hour week, presented and read. Councilman Moffatt moved that the petition be referred to the Council for their considera- tion. Seconded by Councilman Thompson. Carried by the fol- lowing vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Mrs. H. L. Dean et al requesting the extension of the present multiple family residence district from its present termina- tion at Paulina Street to include the area on the northerly side of West Fifth Street to Alpine Street, presented and read. Councilman Wharton moved to refer the peti- tion to the Planning and Zoning Commission for their recommenda- tion and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Council Proceedings for the month of January, 1948, presented for approval. Councilman Murphy moved that the Council Proceed- ings for the month of January, 1948 be approved as printed. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -- Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays — None. PETITION AND WAIVER The undersigned, owner of Lot 1.16 in Finley's Add. property a- butting upon and adjacent to Semi- nary Street, hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of an eight (8) inch sanitary sewer in Seminary Street from the west corporation line to 165' east of the east property line of St. Anibrooe St., and does hereby petition said City to enter into a contract for the construction of said improve- ment in accordance with and as provided by plans and specification to be furnished and approved by said City. Said contract to be let 274 Adjourned Regular Session, July 6th, 1948 and entered into the manner pro- vided by statute for bids and con- tracts for sewer work. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the act- ual cost thereof, including the engi- neering and inspection expense to the City and the expense of mak- ing the assessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on a front footage basis and that such assessment shall be and consti- tute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the un- dersigned agrees to pay said assess- ments in full, either by a lump sum Payment or in ten equal install- ments as provided by law, not withstanding any provisions of the Statute to the contrary. The under- signed waives any and all rights he has to object to the making of said improvements and con- sents to pay his proportionate share of the actual cost as aforesaid. The undersigned further petitions said City to pay the con- tractor for constructing said im- provements by delivery of special assessment certificates or special assessment bonds to the contractor against the property of the under- signed. The undersigned further petitions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said in. provements the Resolution of th.e City Council may contain recitals that said improvements are ordered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as afore- said. WILSON CONLON OPAL L. CONLON 2168 Seminary Street Councilman Wharton moved that the Petition and Waiver be re- ceived and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Ordinance No. 13-48. An Ordi- nance amending "Traffic Code" of the City of Dubuque by establish- ing parking regulations on addition - streets and by repealing ordi- nances in conflict herewith, said ordinance having been passed up- on first reading on .Tune 29th, 1948 and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, was presented for final adoption, Ordinance No. 13-48 An Ordinance amending "Traffic Code" of the City of Dubuque by establishing parking regulations on additional streets and by repealing ordinances in conflict herewith. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That (d), Rule 108, Par. 736, Sec. 1 of Ordinance No. 1-39, as amended by Ordinance No. 11-47, No. 16-47, No. 20-47 and No. 11-48 be and the same is hereby amended as follows: Sec. 1. By adding after subdivis- ion p and immediately after the words in quotation marks "Grand- view Avenue" Section 3 of Ordi- nance No. 11-48 the following: q. On the west side of Washing- ton Street from East 24th Street to East 25th Street. Sec. 2. Any and all ordinances or Parts thereof in conflict herewith are hereby repealed. Sec. 3. This ordinance shall be in force and effect ten days from and after its final passage, adoption and publication as provided bylaw. Passed upon first reading this 29th day of June, 1948. Adjourned Regular Session, July 6th, 1948 275 Passed, adopted and approved upon final reading this 6th day of July, 1948. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 8th day of July, 1948. J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. July 2, 1948. To the Honorable Mayor and Members of the City Council Dubuque, Iowa. Gentlemen: At a special meeting of the City Council on June 29, 1948 certain petitions were referred to the Chief of Police for investigation and report; namely, a petition from the Sieg Dubuque Company, Kretschmer Treadway Company, Midwest Lumber Company, and a petition from a number of resi- dents on 1st Street. I have made an investigation and herewith submit the following recommendatioiis: That parking be restricted to two hour parking on both sides of 5th Street from Central Ave. to White Street. That parking be restricted to two hour parking on the South side of 9th Street between Washington and Jackson Streets. That parking be restricted to two hour parking on the South side of 7th Street between Washington and Jackson Streets. In the case of the petition ask- ing for angle parking on the south side of 1st Street between Main and Locust we find that since the present restriction has caused the elimination of the all day parker there is ne congestion and it is herewith recommended that the petition be denied. Respectfully yours, JOS. H. STRUB, Chief of Police Councilman Wharton moved that the recommendation of Chief of Police Strub be approved. Seconded by Councilman Murphy. Carried by the follov.ing vote - Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. July 2, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With respect to the petition of Mr. Lewis Kolferbach, referred to the Planning and Zoning Commis- sion by your honorable body in May, we wish to advice you that at Mr. Kolfenbach's own motion, he has withdrawn his petition without prejudice. Respectfully submitted, DUBUQUE PLANNING & ZONING ,COMMISSION Richard V. McKay Secretary Councilman Moffatt moved that the communication of the Planning and Zoning Commission be received and made a matter of record. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l n -t e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Louis C. Kolfenbach requesting the rezoning of certain property located in Mineral Lot 304 for the purpose of providing a modern trailer camp also asking permission to construct a sanitary sewer to serve this property and to connect the same to the Roose- velt Street Sewer and making ap- plication for extension of the water main to serve this property, pr(1- sented and read. Councilman Mur- phy moved that the petition be ru- ceivea and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n :Moffatt, Murphy, Thompson, Wharton. Nays — None. 276 Adjourned Regular Session, July 6th, 1948 July 6, 1948. To the Honorable Mayor, and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ar- proved the following bond and de- sire to have your approval on same for filing: EXCAVATION W. J. Jordan, 1748 Audubon St., Bond No. 12-477-301, New York Carualty Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the bond be approved and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO.144-48. RESOLCT10N AND APPLICA- TION FOR APPROVAL TO LEVY AN EMERGENCY TAX. WHEREAS, the revenue in cer- tain funds of the municipality set out in the within application is in- adequate to meet the actual and necessary expenses which must be paid from said funds and any extra- ordinary or unforseen expense which may arise during the ensuing fiscal year; and WHEREAS, the inadequacy of the revenue referred to is deemed to constitute an emergency which requires the levy of an emergency tax; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, that the State Comptroller be and is hereby petitioned for approval to levy an emergency ta.t for the year 1948, in the sum of Thirty Eight Thousand Four Hun- dred seventeen ($38,417.00), (not exceeding one mill) said tax to be used as set out below. The Consolidated Fund is to be benefited in the sum of $20,900.- 00, 20,900:00, and the Fire Maintenance Fund in the sum of $17,517.00. Tl,e millage levies for both of these funds are at the maximum permit- ted by law but the extraordinary demands made by reason of pope. lation growth and the increased prices for goods and services make It necessary to levy an emergency tax to supplement the proceeds from the permitted millage levies. (Presiding Officer) Frank Van Duelman, Mayor (Secretarial Officer) J. J. 'Shea, City Clerk. The foregoing resolution was a. dopted at an adjourned regular meeting on the 6th day of July, A.D. 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the a- doption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman C o u n c i l in e n Moffatt, Murphy, Thompson, Wharton. Nays -- None. RESOLUTION NO.145-48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, have complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, 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 AND ADDRESS Sidney H. Veaco, 2510 Central Avenue. Francis McCauley, 1040 Univer- sity Avenue. BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 6th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Adjourned Regular Session, July 6th, T948 -277 Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l in e n Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO.146--18 WHEREAS, •applications for Beer Permits have been submitted to this Council for approval and the same has been examined: NOW, TIhEAEFORE, BE IT RESOLVED by the Coun. cil of the City of Dubuque that the following application be grant- ed and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "C" PERMIT Irvin G. Hessel & Wm. H. Potter, 2678 Central Avenue. Passed, adopted and approved this 6th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 147-48 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approv- al of this Council; and WHEREAS, the premises to be Occupied by such applicants haN e been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond; NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereoy directed to issue to the following named applicants a Beer Permit. CLASS "C" PERMIT Irvin G. Hessel & Wm. H. Potter, 2678 Central Avenue. A6 BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 6th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -- M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -- None. Resolution No. 148-18. Prelimi- nary approval of proposed plans, specifications, form of contract, plat and schedule and all other documents for the construction of an 8 inch sanitary sewer, lift sta- tion, and 6 inch cast iron force main for the Bradley Street Sewer District. The 8 inch sewer line begins at the lift station located on the centerline of the alley first south of Bradley St. 252 feet west- erly from the intersection of Hen- derson St. and said alley, thence in a northerly direction across the easterly 10 feet of lot No. 6 of block number 10 of Grandview Park Addition to the centerline of Bradley St. (Manhole No. 4), thence westerly along the center- line of Bradley St. a distance of 498.8 feet; also from manhole No. 4 northerly 16 feet, thence easterly along a line 9 feet south of and parallel to the north property line of Bradley Street to a point Op- posite the line between lots 22 and 23 of block No. 3 of Grandview Park Addition; also an 8 inch sewer line running from the lift station easterly along the center- line of the alley first south of Bradley Street to a Point opposite the line between lots 14 and 15 of Block 9 of Grandview Park Addi- tion. The 6 inch cast iron force main begins at the lift station running easterly along a line 3.5 feet south of centerline of alley 278 Adjourned Regular Session, July 6th, 1948 first south of Bradley 262 feet, thence northerly along a line 15 feet west of and parallel to the easterly property line of Hender- son Street a distance of 471 feet to the centerline of Grandview Avenue; also an 8 inch vitrified sewer pipe overflow line running diagonally in a southerly direction from the lift station across lots No. 22, 23, 24 of block No. 10 and lots No. 8, 9, 10 of block 11 of Grand- view Pary Addition and diagonally across lot 17 of Grandview Park Addition a distance of 532 feet. Eestimated Cost $24,083.86. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. (Necessity for improvement.) RESOLUTION NO.149-48. WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, If any. 2. The size and kind of sewers. 3. Each lot proposed to be assessed together with a valuation fixed by the Council. 4. An estimate of the cost of the Proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 5. In each case the amount there* of which is estimated to be assessed against each lot, for the construction of an 8 inch sanitary sewer, lift station, and 6 inch cast iron force main for the Bradley Street Sewer District. The 8 inch sewer line begins at the lift station located on the centerline of the alley first south of Bradley St. 252 feet westerly from the intersection of Henderson Street and said alley, thence in a northerly direction across the easterly 10 feet of lot No. 6 of block number 10 of Grand- view Park Addition to the center- line of Bradley St. (Manhole No. 4), thence westerly along the cen- terline of Bradley Street, a dis- tance of 498.8 feet; also from man- hole No. 4 northerly 16 feet, thence easterly along a line 9 feet south of and parallel to the north prop- erty line of Bradley Street to a Point opposite the line between lots 22 ,and 23 of block No. 3 of Grandview Park Addition; also an 8 inch sewer line running from the lift station easterly along the cen. terline of the alley first south of Bradley Street to a point opposite the line between lots 14 and 15 of Block 9 of Grandview Park Ad. dition. The 6 inch cast iron force main begins at the lift station running easterly along a line 3.5 feet south of centerline of alley first south of Bradley 262 feet, thence northerly along a line 15 feet west of and parallel to the easterly property line of Hender- son Street a distance of 471 feet to the centerline of Grandview Avenue; also an 8 inch vitrified sewer pipe overflow line running diagonally in a southerly direction from the lift station across lots No. 22, 23, 24 of block No. 10 and lots No. 8, 9, 10 of block 11 of Grandview Park Addition and di- agonally across lot 17 of Grand- view Park Addition a distance of 532 feet. Eestimated cost $24,083.86. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it ad- visable and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the a- mount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex- -)ense of making said improvement will be assessed upon and against all privately owned property ly- Adjourned Regulaf Session, July 6th, 1948 70 Ing within assessable distance pro- vided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improve- ment funds or sewer funds, or partly out of each of such funds. ................shall be issued and ........... in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or as- sessment district shall be assessed to and paid by the railway com- pany. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of July, 1948. Approves: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved that the resolution be approved and placed on file for final action. Sec onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Fixing date of hearing.) RESOLUTION NO.150-48 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No.143-48 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 construction of an 8 inch sanitary sewer, lift station, and 6 inch cast iron force main for the Bradley Street Sewer District. The 8 inch sewer line begins at the lift sta- tion located on the centerline of the alley first south of Bradley Street 252 feet westerly from the interesetion of Henderson Street and said alley, thence in a north. erly direction across the easterly 10 feet of lot No. 6 of block num. ber 10 of Grandview Park Addition to the centerline of Bradley Street (Manhole No. 4), thence westerly along the centerline of Bradley Street, a distance of 498.8 feet; also from manhole No. 4 northerly 16 feet, thence easterly along a line 9 feet south of and parallel to the north property line of Bradley Street to a point opposite the line between lots 22 and 23 of block No. 3 of Grandview Park Addition; also an 8 inch sewer line running from the lift station easterly along the centerline of the alley first south of Bradley Street to a point opposite the line between lots 14 and 15 of Block 9 of Grandview ParkAd dition. The 6 inch cast iron force main begins at the lift station running easterly along a line 3.5 feet south of centerline of alley first south of Bradley 262 feet, thence northerly along a line 15 feet west of and parallel to the easterly property line of Hender- son Street a distance of 471 feet to the centerline of Grandview Avenue; also an 8 inch vitrified sewer pipe overflow line running diagonally in a overflow direction from the lift station across lots No. 22, 23, 24 of block No. 10 and lots No. 8, 9, 10 of block 11 of Grandview Park Addition and di. agonally across lot 17 of Grand- view Park Addition a distance of 532 feet. Estimated cost $24.083.86. and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE day of SOLVED that on the August, 194S, a public hearing will be held at 7:30 o'clock P -DI. in the Council Chamber in the City of Dubuque at which time the owner., of property subject to assessutpnt for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any 280 Adjourned Regular Session, July 6th, 1948 lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper 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 objec- tions to the amount of the pro- posed assessment, they shall have oeen deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO, R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the fullowing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -- Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wbarton. Nayr. — None. J. J. SHEA City Clerk. Approved Adopted p?.." , Councilmen: Attest: ...... ,. .. City Clerk. Special -,-Ion, July 19t1l, l948 281 City Council (Official) Special Session, July 19th, 1948. Council met at 7:30 P.M. Present —Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, City Man- ager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Moffatt. Mayor Van Duelman 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 upon proposed plans, specifications, form of contract, plat and schedule, cost of improvement and resolu- tion of necessity for the. improving of Platt Street and Platt Street Extension, for the improving of Balks Street, for the improving of Lombard Street, for the construc- tion of the Jackson Street Storm Sewer, for the construction of 16 units of multiple "T" hangars at the Municipal Airport, also for con- sidering bids received for the wid- ening of James Street and for the construction of 16 units of multiple "T" hangars at the Municipal Air- port, also for the levying of special assessments and intention of the City Council to issue bonds for the improvement of Gandolfo Street and for the construction of a sent- tary sewer in York Street and acting on any other business as may properly come before a regu- lar meeting of the City Council. Proof of publication, certified to by the publishers, of notice of pub- lic hearing on the plans, specifica- tions, form of contract and cost of improvement for the improving of Platt Street and Platt Street Extension from the east curb line of ,Tames Street to the east cuib line of Cardiff Street, presented and read. Councilman Murphy moved that the proof of publica- tion be received and filed. Sec- onded by Co-tncilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity EN and hearing upon proposed plans and specifications, form of contract and cost of improvement for the improving of Platt Street and Platt Street of Extension from the east curb line James Street to tl�e east curb line of Cardiff Street, pre- sented and read. Councilman Mof- fatt moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — DI a y o r Van Duelman, C o u n c i l in e it Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the rules be suspended for the purpose of allowing anyone present in the Council Chamber who wishes to do so to address the Councii. Seconded by Councilmen Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman C o u n c i l m e n Moffatt, Murpby, Thompson, Wharton. Nays — done. To the Honorable Mayor, City Manager and City Council of the City of Dubuque, Iowa: Gentlemen: The undersigned owners of prop- erty abutting and adjacent to Platt Street and Platt Street Extension from the East curb line of James Street to the East curb line of Cardiff Street, respectfully object to the proposed resolution of neces- sity to the proposed plans and specifications and to the cost of said improvement and special assessment to pay such cost upon the following grounds: 1. The proposed special assess- ment as to the property of each of the undersigned owners is not in proportion to the special benefits conferred upon the property by the proposed improvement and is in excess of such benefits. 2. The plans and specifications prepared by the City Engineer and approved by the Council now on file in the office of the City Clerk, provide for a concrete pavement. This is one of the most expensive types of street and it is believed that the actual cost will exceed the estimated cost by more than the ten per cent IW'it provided by law for the special assessment a- gainst any lot. 3. A street such as the newly es- tablished Wooten Street would 282 Special Session, July 19th, 1944 meet all the requirements for the proposed Platt Street and Platt Street Extension upon which the traffic will be very limited and much less than the traffic over Wooten Street to and from Mercy Hospital. The petitioners for Platt Street and Platt Street Extension have stated before the City Council that this type of street would meet with their approval. Attention is also called to the fact that there are no sewer or gas mains in the proposed Platt Street or Platt Street Extension and in conformity with the general policy of the City Council the street should not be paved with concrete or other per- manent paving until the utilities are first provided. Dated July 19, 1948. Respectfully submitted, H. E. DILWORTH THEODORE KAREGAN CAIi.L V. RILEY MRS. REGINA DUGGAN Attorney Thomas H. Nelson, H. E. Dilworth and Carl V. Riley ad- dressed the Council in support of the petition objecting to the im. provement of Platt Street and Platt Street Extension. Council- man Murphy moved that the peti- tion be received and made a mat. ter of record. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve. ments.) RESOLUTION NO.151-48. WHEREAS, proposed plans and specifications and form of contract for the improvement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by the Code of Iowa, 1946, Pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con. tract for or cost of such improve. ments, said time being this 19th day of July, 1948; and WHEREAS, the City Council met in Special session this 19th day of July, 1948, at 7:3o 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, specifications or con. tract for or cost of the improve. ment herein described and pro. Posed to be made; and WHEREAS, all interested par. ties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said im- provement be made a matter of per- manent record in connection with said improvement. Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Nays None. (Necessity for improvement.) RESOLUTION NO.125--48 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: Special Session, July 1901, 1948 283 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 assessed 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 assess- ed against each lot, for the im- provement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it advisablN and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City 'Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer, which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whather the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been Performed and accented and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with. the City Clerk this 29th day of June, 1945. Passed, adopted, as proposed, by the City Council this 19th day of July, 1945, FRANK VAN DUELMAN Mayor. F. W. THOMPSON CEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Ordering Construction) RESOLUTION NO.152-48 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No.125-48 which was duly passed by this Council, for the improvement of Platt Street and Platt Street Ex- tension from the east curb line of James Street to the east curb line of Cardiff StreEt be and the same are hereby ordered and constructed by this Council upon its own mo- tion and with or without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments a- gainst the privately owned proper- ty lying within the assessable dis- tance from the improvements, whether Such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special bene- fits conferred, and any deficiency will be paid out of the general, im- provement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- ments of assessments as provided by law after the work has been z84 Special Session, July 19th, 1948 completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con. struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before, 90 calendar days af- ter the date of contract. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and a- doption by the City Council. Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van. Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -- None. Proof of publication, certified to by the publishers, of notice of pub- iic hearing on the plans, specifica- tions, form of contract and cost of improvement for the improving of Balke Street from the north prop- erty line of Strauss Street to the south property line of Groveland Place, presented and read. Coun- cilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of pend. ency of resolution of necessity ana hearing upon proposed plans and specifications, form of contract and cost of improvement for the im- proving of Balke Street from the north property line of Strauss Street to the south property line of Groveland Place, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconued by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Harriet H. and Camil- lus R. Hein submitting objections to the proposed improvement of Balke Street from the north prop. erty line of Strauss Street to the south property line of Groveland Place, presented and read. Mr. Schargitz addressed the Council ob- jecting to the proposed improve- ment of Balks Street and requested that a sanitary sewer be construct- ed in said street and the sewer is needed more than the street im- provement. Further action on this proposed improvement was post- poned. Proof of publication, certified to by the publishers, of notice of hearing on the plans and specifica- tions, form of contract and cost of improvement for the improving of Lombard Street from the east prop- erty line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane, presented and read. Councilman Murphy moved that the proof of publication be re- ceived and filed. Seconded by Coup.- cilman Wharton. Carried by the fol- lowing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None, Proof of publication, certified to by the publishers, of notice of pend- ency of resolution of necessity and hearing upon proposed plans apd specifications, form of contract and cost of improvement for the im- proving of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east Property line of Meadow Lane pre- sented and read. Councilman Mof- fatt moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. EM Special Session, July 19th, 1948 285 (Decision of Council upon objec- tions to plans, specifications, forii. of contract and cost of improve- ments.) RESOLUTION NO.153-48 WHEREAS, proposed plans and specifications and form of contract for the improvement of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane have been approved by the City Council of the City of Dubuque and public notice given as provid- ed by the Code of Iowa, 1946, per- taining to public contracts ar-d bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 19th day of July, 1948; and WHEREAS, the City Council met in Special session this 19th day of July, 1948, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consider- ing any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifi- cations, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of Permanent record in connection with said improvement. Passed, adopted and approved this 19th day of July, 1943. FRANK VAN DUELMA.N Mayor. F. W. THOb4PSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second. ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Necessity for improvement.) RESOLUTION NO.131-48 WHEREAS, proposed plans, specifciations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following. 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be assessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed imptovement. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Lombard Street from the east property line of Gandolfo Street to 100 feet east of tae east property line of Meadow Lane. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or. upon petition of property owners, deems it advisa- ble and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be co', strutted and done in accordance with the plans and specifications which have been prepared therefor 286 Special Session, July 19th, 1948 by the City Engineer which have been approved by the City Council and aee now on file with the City Clerk. That the cost and expense of makiikg said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, ami any deficiency shall be paid out of the general fund, improvement fands or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 29th day of June, 1948. Passed and adopted, as proposed, by the City Council this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompsoi!, Wharton. Nays—None. (Ordering Construction.) RESOLUTION NO.154-48 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a reso- lution of necessity No. 131-48 which was duly passed by this Council, for the improvement of Lombard Street from the east prop- erty line of Gandolfo Street to loo feet east of the east property line of Meadow Lane be and the same are hereby ordered and constructed by this Council upon its own motimh and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED tiiat the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion tc the special benefits con. ferred, acid any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds ................. to be issued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 45 calendar days after nate of contract. 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 19th day of July, 1948. FRANlr, VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Special Session, July lith, 1948 -'8i Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans, specifi- cations, form of contract and cost of improvement for the construc- tion of the Jackson Street Storm Sewer from the Bee Branch Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the cen. ter of Diamond Street; thence on the center line of Diamond Strcet to the east property line of Central Avenue; thence along the east side- .valk line of Central Avenue to a point 205.3 feet north of the center of Diamond Street, presented and read. Councilman Thompson moved that the proof of publication be re- ceived and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of pend- ency of resolution of necessity and hearing upon proposed plans,speci- ficaticns, form of contract and cost of improvement for the construc- tion of the Jackson Street Storm Sewer from the Bee Branch Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the center of Diamond Street; thence on the center line of Diamond Street to the east property line of Central Avenue to a point 205.3 feet north of the center of Diamond Street, presented and read. Coun- cilman Thompson moved that the Proof of publication be received and filed. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. (Decision of Council upon objec- tions to plans, specifications, form .)f contract and cost of improve- ments.) RESOLUTION NO.155-48 WHEREAS, proposed plans and specifications and form of contract for the construction of the Jack- son Street Storm Sewer from the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets a- long the west sidewalk line of Jackson Street to the center of EN Diamond Street; thence on the center line of Diamond Street to the east property line of Central Avenue to a point 205.3 feet north of the center of Diamond Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Code of Iowa, 1940, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improeenrents, said time being this 19th day of July, 1943; and WHEREAS, the City Council met in Special session this 19th day of July, 1948, at 7:30 o'clock Y.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par. ties have been given an opportuni- ty to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED teat this resolution containing the decision of this Council upon all objoctions which have been filed to the plans, specifications and fornr of contract for or cost of Said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J• J. S CEAity Clerk. 288 Special Session, July 19th, 1948 Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Necessity for improvement.) RESOLUTION NO.122-48 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Ciuncil 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 size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used, for the construction of the Jackson Street Storm Sewer from the Bee Branch Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the center of Diamond Street; thence on the center line of Diamond Street to the east property line of Central Avenue; thence along the east sidewalk line of Central Avenue to a point 205.3 feet north of the center of Diamond Street. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it ad- visable and necessary for the pub- lic welfare to make the herein mentioned improvement, and un- less property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed im- provement, they shall be deemed to have waived all objections there- to Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment shall be paid out of the sewer fund. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 29th day of June, 1948. Passed and adopted, as proposed, by the City Council this 19th day of July, 1348. FRANK VAN DUELMA.N Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Uouncilman Thompson movel the adoption of the resolution. See- !)nded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Muprhy, Thompson, Wharton. Nays — None. (Ordering Construction) RESOLUTION NO.156-48 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No.122-48, which was duly passed by this Council, for the construction of the Jackson Street Storm Sewer irom the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the cen. ter of Diamond Street; thence on the center line of Diamond Street to the east property line of tien- tral Avenue; thence along the east sidewalk line of Central Avenue to a point 205.3 feet south of the center of Diamond Street be and the same are hereby ordered and constructed by this Council upon As own motion and with or without the petition of property owners. All the work shall be constructed in ac. cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED :hat the cost and expense of the said improvements will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad• vertise for proposals for the con- struction of the various improve. ments herein provided for in the manner provided by law, the said improvments shall be completed 011 Special Session, July 19th; 1948 or before 90 calendar days after date of contract. 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 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Prooi of publication, certified to by the publishers, of notice of pub- lic hearing upon plans, specifica- tions, form of contract and cost of improvement for the construction of 16 units of multiple "T" hangars for the Municipal Airport, present- ed and read. Councilman Thonip- son moved that the proof of publi- cation be received and filed. Ser. onded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve. ments. ) RESOLUTION NO.157-48 WHEREAS, proposed plans and specifications and form of contract for the construction of 16 units of multiple "T" hangars for the Muri- cipal Airport have been approved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said. plans, specifications or contract for or cost of such im- provements, said time being this 19th day of July, 1948; and WHEREAS, the City Council _41k. 289 met in Special session this 19th day of July, 1945, 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, specifications or con- tract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given in oppor- tunity to be heard and all objec- tions 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, specifi. cations, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such pians, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Uouncil upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with saidimprovement. Passed, adopted and approved this 19th day of July, 1945. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOF FATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Ycas — Mayor Van Duelman, Councilmen 1loffatt, Murphy, Thompson, Wharton. Nays — None. Proof of pui,lication, certified to by the publishers, of notice to con- tractors of the receipt of proposal:; for the construction of 16 units of multiple ,.T" hangars for housing aircraft at the Municipal Airport, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. 290 Special Session, July i9th, 1948 Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. July 19, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 o'clock A.M. on July 19, 1948 for 16 units of Multiple T— Hangars for the Municipal Airport. Four bids were received as snown on the attached tabulation. Construction of the T—Hangars on the basis of the lowest bids received would make it impractica- ble for the city to rent space for privately owned aircraft at reason- able rates. Therefore I recommend that the bids be rejected and some more feasible means be found to provide T—Hangars at the Airport. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec. onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murpny, Thompson, Wharton. Nays —None. State of Iowa l County of Dubuque 1 SS. I, R. J. Gallagher, do hereby certify that I posted copies of the attached notice of levy of special assessment and intention of the City Council to issue bonds along the line of improvement for the im- proving of Gandolfo Street from the north curb line of St. Joseph Street to the south curb line of Lombard Street with concrete curb and gutter, this 30th day of June, 1948. aigned, R. J. Gallagher Subscribed and sworn to before me, Geraldine L. Demkier, a Notary Public, this 30th day of June, 1948. GERALDING L. DEMKIER. Notary Public in and for Dubuque County, Iowa Councilman Moffatt moved that the statement of R. J. Gallagher be received and made a matter of record. Seconded by Councilman Thompson. Carried by the follow. ing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of levy of special assessment and inten- tion of the City Council to issue bonds for the improving of Gandol- fo Street from the north curb line of St. Joseph Street to the south curb line of Lombard Street with concrete curb and gutter, present= ed and read. Councilman Wharton moved that the proof of publica- tion be received and filed. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Jas. L. Kritz object- ing to the proposed assessment for the laying of curb and gutter on Gandolfo Street and asking that the City Council suspend all and any assessment against lots 22 and 23 of O'Neils Subdivision No.3 or not to assess more than $25.00 for both lots, and that is more than the improvement or—and deface- ment of my property is worth, pre- sented and read. Councilmen Wharton moved that the petition be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION NO.158--48 Resolved by the City Council of the City of Dubuque: That to pay for improving of Gandolfo Street from the North Curb Line of St. Joseph Street to the South Curb Line of Lombard Street, by the I{ & M Construction Company, Con- tractors, in front of and adjoining the same, a Special Tax be and is hereby levied on the several lots, and parts of lots and parcels of real estate hereinafter named, situ- ate and owned, and for the several Special Session, July lith, 148 291 amounts set opposite each lot or parcel of real estate, as follows: Weiland, Lot 38, O'Neill's Louise L. Moser, Lot 16, O'- Sub. No.3 Neill's Sub. No. 3 200.10 Mary R. & Margt. T. Calla- Weiland, Lot 39, O'Neill's ghan, Lot 17, O'Neill's Sub. No.3 Sub. No. 3 178.52 Andrew & Thereas Mc- Lot 40, O'Neill's Sub. Grath, Lot 18, O'Neill's No.3 Sub. No.3 178.52 Thomas & Frances Mc- Lot 41, O'Neill's Sub. Grath, Lot 19, O'Neill's No.3 Sub. No.3 178.52 Thomas & Frances Mc- Lot 42, O'Neill's Sub. Grath, Lot 20, O'Neill's No.3 Sub. No.3 17 8. 52 Howard & Anna Havens, Lot 43, O'Neill's Sub. Lot 21, O'Neill's Sub. No.3 No.3 178.52 James D. & Anita Kritz, Lot 44, O'Neill's Sub. Lot 22, O'Neill's Sub. No.3 No.3 178.52 James D. & Anita Kritz, Lot 45, O'Neill's Sub. Lot 23, O'Neill's Sub. No.3 No.3 178.52 James P. & Helen Mc- Elmeel, Lot 24, O'Neill's Sub. No.3 178.52 James P. & Helen Mc- Elmell, Lot 25, O'Neill's Sub. No.3 178.52 Gregory T. & Fannie Laube Lot 26, O'Neill's Su b . Sub. No.3 178.52 Gregory T. & Fannie Laube, Lot 27, O'Neill's Sub. No.3 178.52 Gregory T. & Fannie Laube, Lot 28, O'Neill's Sub. Sub. No.3 178.52 Gregory T. & Fannie Laube, Lot 29 N 1-2, O'Neill's Sub. No.3 89.26 Christina & J. E. Jones, Lot 29 S 1-2, O'Neill's Sub. No.3 89.26 Christina & J. E. Jones, Lot 30, O'Neill's Sub. No.3 178.52 John B. & Frances M. Berzle, Lot 31, O'Neill's Sub. No.3 195.52 Harry Shaw etal, Lot 32, O'Neill's Sub. No.3 178.52 Harry Shaw etal, Lot 33, O'Neill's Sub, No.3 195.5.2 Harry Shaw etal, Lot 34, O'Neill's Sub. No.3 178.52 Harry Shaw etal, Lot 35, O'Neill's Sub. No.3 178.52 Minnie Addyman, Lot 36 O'Neill's Sub. No.3 195.52 John M. & Mary Herrig, Lot 37, O'Neill's Sub. No.3 178.52 Vincent R. & Martha S. $5,450.05 Weiland, Lot 38, O'Neill's Sub. No.3 195.5 Vincent R. & Martha S. 4,479.00 Weiland, Lot 39, O'Neill's Sub. No.3 178.52 George P. & Virginia Hinkel, Lot 40, O'Neill's Sub. 245.00 No.3 178.52 George P. & Virginia Hinkel, 280.00 Lot 41, O'Neill's Sub. No.3 195.52 George P. & Virginia Hinkel, Lot 42, O'Neill's Sub. 20.00 No.3 178.52 Joseph & Ella Duscheck, Lot 43, O'Neill's Sub. No.3 178.52 Joseph & Ella Duscheck, Lot 44, O'Neill's Sub. No.3 178.52 Joseph & Ella Duscheck, Lot 45, O'Neill's Sub. No.3 166.39 5,348.00 City's share 150.79 5,197.21 Extra Expense 207.67 Interest 6 per cent for 52 days 45.17 5,450.0.) All of which is assessed in pro. portion to the special benefits con- ferred. Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- $5,450.05 Combination Curb & Gutter 1,493 Lin. Ft. at 3.00 - 4,479.00 Driveways 15 Sq. Yds. at 5.40 - 81.00 Radius Curb & Gutter 70 Lin. Ft. at 3.50 - 245.00 Concrete Tile 70 Lin. Ft. at 4.00 - 280.00 Catch Basin 1 Each at 243.00 - 243.00 Extra Excavation 10 Cu. Yds. at 2.00 - 20.00 5,348.00 City's share 150.79 5,197.21 Extra Expense 207.67 Interest 6 per cent for 52 days 45.17 5,450.0.) All of which is assessed in pro. portion to the special benefits con- ferred. Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- 292 Special Session, July 19th, 1945 ed by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. (Resolution Providing for the Issuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO.159-48. WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improving of Gan- dolfo Street hereinafter described, has been completed and said im- provement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $5,450.05. AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and deter- mined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of improving of Gandolfo Street from the North Curb Line of Lombard Street, there be issued improvement bonds to the amount of $5,450.05. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 18th day of August, 1948, shall be in denominations of $500.00, except that there shall be one bond to the amount of $450.05. They shall be numbered from 3853 to 3863 inclusive and shall be di- vided into ten series, of which the bond numbered 3853 shall consti- tute the first series and shall be payable the first day of April, A.D. 1949, the bond numbered 3854 shall constitute the second series and shall be payable the first day of April, A.D. 1950, the bond num- bered 3855 shall constitute the 3rd series and shall be payable the first day of April, A.D. 1951, the bond numbered 3856 shall consti- tute the fourth series and shall be payable the first day of April, A.D 1952, the bond numbered 3857 shall constitute the fifth series and shall be payable the first day of April, A.D. 1953. The Bond numbered 3858 shall constitute the sixth ser- ies and shall be payable the first day of April, A.D. 1954, the bond numbered 3859 shall consti. tute the 7th series and shall be payable the first day of April, A.D. 1955, the bond numbered 3860 shall constitute the 8th series and shall be payable the first day of April, A.D. 1956, the bond numbered 3861 shall constitute the ninth series and shall be payable the first day of April, A.D. 1957, the bonds num- bered 3862 and 3863 shall consti. tute the tenth series and shall be payable the first day of April, A.D. 1958. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be payable semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the proceeds of the special assessment levied for said improvement. Both principal and interest shall be payable out of the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No. ........................... Series No. .......... CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, A.D. 19 ....... ; or any time before that date at the option of the City, the sum of ............ HUNDRED DOLLARS, with interest thereon at the rate of five per cent. per annum, pay- able on the presentation and sur- render of the interest coupons here- to attached, both interest and prin• cipal are payable at the office of the City Treasurer in the City of Dubuque and in the State of Iowa. This bond is issued by the City of Dubuque in the state of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Coun- cil of said City, duly passed on the 19th day of July, 1946. This bond is one of a series of 11 bonds, 10 for $500.00 numbered from 3853 to 3862 inclusive, and one for $450.05 numbered 3863, all of like Special Session, July 19th, 1948 223 tenor and date, and issued for the purpose of improving of Gandotto Streetfrom the North Curb Line of St. Joseph Street to the South Curb Line of Lombard Street and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with in- terest on all deferred payments at the rate of five per cent, per an- num, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things re- quired to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assess- ments, collections and payment hereon of said special tax, the faith and diligence of said City of Du- buque .are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this pond to be signed by its Mayor and countersigned by its City Clerk, witTi the seal of said City affixed this 18th day of August, 1948, and has authorized the use of their fac-simile signature to the interest coupons hereto at- tached. ................................................ Mayor. City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ..........day of ....................... A. D. 19........, the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of ...... ........................ Dollars, at the office of the City Treasurer in the City of Dubuque, being ...... months interest due that day on its .............. Bond No........., dated ...............19...... Mayor. ............ ........................ City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute r_11 said bonds, and that the City C1erK be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac-simile signature of the City Clerk. BE IT FITRMIER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 19th day of July, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. w State of Iowa 1 SS. County of Dubuque J 1, R. J. Gallagher, do hereby certi- fy that I posted copies of the at- tached notice of levy of special assessment and intention of the City Council to issue bonds along the line of improvement for the construction of an eight (8) inch sanitary sewer in York Street from the intersection of York and Cur- tis Streets to a point one hundred (100) feet west of the west proper- ty line of South Hill Street, this 30th day of June, 1948. Signed, R. J. Gallagher Subscribed and sworn to before 294 Special Session, July 19th, 1948 me, Geraldine L. Demkier, a Notary Public this 30th day of June, 1948. GERALDIN E L. DEMKIER Notary Public in and for Dubuque County, Iowa. Councilman Wharton moved that the statement of R. J. Gallagher be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to is- sue bonds to provide for the cost of constructing a sanitary sewer in York Street from the intersection of York and Curtis Streets to a point 100 feet west of the west pro- perty line of South Hill Street, presented and read. Councilman Murphy moved that the proof of Publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelmau, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION NO.160-48 Resolved by the City Council of the City of Du�uque: That to pay for the construction of an eight (8) inch sanitary sewer in York Street from the intersection of York and Curtis Streets to a point one hundred (100) feet west of the west property line of South Hill Street. By: M. L. Gaber Con- struction Company, Galena, Illinois, in front of and adjoining the same, a Special Tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows. Wm. J. Weber & M. Nilles, Lot 21, Sub. Part M.L. No. 149 248.64 H. L. & Helena McCarron, 2 of 2 of 23 Sub. Part M.L. No. 149 143.45 J. N. Blades, 2 of 1 Stewarts Suo. Sub Lots 19, 20, 21 208.40 Mary Schlitz, Lot 2 Stewarts Sub. Sub Lots 24, 25 360.76 Charlotte Shambough, Lot 28, Stewarts Sub. 159.64 Charlotte Shambough, Lot 29, Stewarts Sub. 159.64 Harold J. & Ruth E. Badger, Lot 30, Stewarts Sub. 159.64 Harold J. & Ruth E. Badger, Lot 31, Stewarts Sub. 159.64 Harold J. & Ruth E. Badger, Lot 32, Stewarts Sub. 159.64 Harold J. & Ruth E. Badger, Lot 33, Stewarts Sub. 159.64 Harold J. & Ruth E. Badger, Lot 34, Stewarts Sub. 159.64 Caroline M. May, Lot 1, Stewarts Sub., Sub. Lot 35 290.09 Howard McCarron, Lot 2 Stewarts Sub. Sub. Lot 35 318.76 2,687.58 All of which is assessed in pro- portion to the special benefits con- ferred. 567.5 Lin. Ft. 8" Vitrified Sewer Pipe at 3.60 2,043.00 14 Each 8" x 6" Y Branches at 4.00 56.00 3 Each Brick Manholes Complete at 160.00 480.00 16 Sq. Yds. Remove & Replace asphalt Pave- ment on 8" Reinforced Concrete Base at $3.00 48.00 Total Amount Due Contractor 2,627.00 City's Share 64.12 2,562.88 Extra Expense 101.62 Interest 6 per cent for 52 days 23.08 $2,687.58 Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Special Session, July 19th, 1948 Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Resolution Providing for the Issuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO.161-48. WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the construction of an eight (8) inch sanitary sewer in York Street, hereinafter de- scribed, has been completed and said improvement has been ac- cepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $2,687.58. AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque that to provide for the cost of construction of an eight (8) inch sanitary sewer in York Street from the intersection. of York and Curtis Streets to a Point one hundred (100) feet west of the west property line of South Hill Street, there be issued im- provement bonds to the amount of $2,687.58. Said bonds shall be issued under the provisions of Chapter 396 of the (.ode of Iowa, 1b46; shall bear the. (late of the 18th day of August, 1948, shall be in denominations of $100.00, except that there shall be one bond to the amount of $87.58. They shall be numbered from 3864 to 3890 inclusive and shall be divid- ed into ten series, of which the bonds numbered 3864 and 3865 shall constitute the first series and shall be payable the first day of April, A.D. 1949, the bonds num- bered 3866, 3867 and 3868 shall constitute the second series and shall be payable the first day of April, A.D. 1950, the bonds num- bered 3869 and 3870 shall consti- tute the third series and shall .,e f.. Payable the first day of April, A.D. 1951, the bonds numbered 3871, 3872 and 3873 shall constitute the fourth series and shall be pay- able the first day of April, A.D. 1952, the bonds numbered 3874 and 3875 shall constitute the fifth series and shall be payable the first clay of April, A.D. 1953, the bonds numbered 3876, 3877 and 3878 shall constitute the sixth series and shall be payable the first clay of April, A. D. 1954, the bonds numbered 3879 and 3880 shall constitute the seventh series and shall be payable the first day of April, AD. 1955, the bonds num- bered 3881, 3882 and 3833 shall oon- stitute the eighth series and shall be payable the first day of April A. D. 1956, the bonds numbered 3884, 3885 and 3886 shall constitute the ninth series and shall be pay- able the first day of April, A. D. 1957, the bonds numbered 3887, 3888, 3889 and 3890 shall constitute the tenth series and shall be pay- able the first day of April, A. D. 1958. Said bonds shall bear interest at the rate of five per cent, per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the proceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No. ...................... Series No. ...... CITY OF DUBUQUE Improvement Bond The City of Dubuque in th3 State of Iowa promises to pay as hereinafter mentioned to the bear. er hereof, on the first day of April, A.D. 19......; or any time before that date at the option of the City, the sum of HUNDRED DOLLARS, with interest thereon at the rate of five per cent. per annum, Pay- able on the presentation and sur- render of the interest coupons here- to attached, both interest and prin- cipal 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 pursuant to and by virtue 296 Special Session, July 19th, 1948 of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 19th day of July, 1948. This bond is one of a series of 27 bonds, 26 for $100.00 numbered from 3864 to 3889 inclusive, and one for $87.58 numbered 3890, all of like tenor and date, and issued for the pur- pose of construction of an eight (8) inch sanitary sewer in York Street from the intersection of York and Curtis Streets to a point one hun- dred (100) feet west of the west property line of South Hill Street, and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abut- ting or adjacent property, and pay- able in ten annual installments, with interest on all deferred pay- ments at the rate of five per cent. per annum, and this bond is pay- able only out of the money de- rived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done preced- ent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and pay. ment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby ir- revocably pledged. In Witness vvhereof, the City of Dubuque by its %.Ay Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 18th day of August, 1948, and has authorized the use of their fac-simile signature to the interest coupons hereto attached. ................................. Mayor. .................................... City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ...... day of ................ A.D. 19...., the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of Dollars, at the of- fice of the City Treasurer in the City of Dubuque, being ........ months interest due that day on its ............... Bond No. ......... dated ..... ............1 19....... ................................ Mayor. City Clerk Countersigned. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also regis- ter them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE 1T FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac-simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, oegin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 19th day of July, 1948. Approved: FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the widening of James Street 10 feet on the west side from the south curb line of West Third Street to a point 450 feet south, Special Session, July 19th, 1948 ',)7 presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. July 19, 1948 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A. M. on July 19, 1948 for the widening of James Street. This was the second call for bids on this project. At the first letting on April 12, 1948 no proposals were received. Today the two attached bids were received from the K -M Con- struction Co. and from Thos. Flynn Coal Co. The bid of the K -M Con- struction Co. is lower, however, through error it was made out for the items of work called for in the earlier letting. I recommend that the bids be rejected and a contract be negoti- ated at a price not in excess of the lowest bid received. Respectfully suomitted, A. A. Rhomberg, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Van Duelman, Coun- cilmen Moffatt, Murphy, Thomp- son, Wharton. Nays—None. RESOLUTION NO. 144-48. RESOLUTION AND APPLICA- TION FOR APPROVAL TO LEVY AN EMERGENCY TAX WHEREAS, the revenue in cer- tain funds of the municipality set out in the within application is inadequate to meet the actual and necessary expenses which must be Paid from said funds and any ex traordinary or unforeseen expense which may arise during the ensu Ing fiscal year; and WHEREAS, the inadequacy o1 the revenue referred to is deemec to constitute an emergency whict requires the levy of an emergency tax; therefore fm BE IT RESOLVED BY THE Uity Council of the City of Dubuque, Dubuque County, Iowa, that the State Comptroller be and is hereby petitioned for approval to levy an emergency tax for the year 1948, in the sum of Thirty Eight Thousand Four Hundred Seventeen ($38,417.00), (not ex. ceeding one mill) said tax to be used as set out below. The Consolidated Fund is to be benefited in the sum of $20,900.00 and the Fire Maintenance Fund in the sum of $17,517.00. The miliagt, levies for both of these funds are at the maximum permitted by law but the extraordinary demands made by reason of population growth and the increased prices for goods and services make it necessary to levy an emergency tax to supplement the proceeds from the permitted millage levies. (Presiding Officer) FRANK VAN DUELMAN Mayor ( Secretarial Officer) J. J. SHEA City Clerk. The foregoing resolution was a- dopted at an adjourned regular meeting on the 6th day of July, A.D. 1948. The vote thereon was as follows: Ayes—FRANK VAN DUELMAN F. W. THOMPSON (i,' O. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Nays—None. APPROVAL The above application and reso- lution having been filed with the State Comptroller, approval to levy the emergency tax in a sum not ex- ceeding the amount authorized by law is hereby granted this 8th day of July, 1948. R. N. Johnson State Comptroller. Councilman Murphy moved that the approval of State Comptroller R. N. Johnson be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas — iv1 a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice of claim of Robert Neyens in the amount of $25.00 which a. 298 Special Session, July 19th, 1948 mount is due by order of Court en- tered on the 8th day of July, 1948 by Judge John C. Oberhausen, presented and read. City Solicitor Kintzinger submitted verbal recom- mendation that the claim be al- lowed. Councilman Moffatt moved that the verbal recommendation of City Solicitor Kintzinger be ap- proved and the City Auditor in- structed to draw a warrant in the amount of $25.00 in favor of Robert Neyens as settlement in full of his claim. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of W. E. Strait suggesting that the City Council make an investigation of the light- ing facilities in the neighborhood of Dodge and Hill Streets, present- ed and read. Councilman Thompson moved that the tree located at the northwest corner of Dodge and Hill Streets be ordered removed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Wharton moved that after the tree is removed at the northwest corner of Dodge and Hill Streets that the Council be ad. vised in order that they may view the location as to lighting facilities. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l me n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Charles V. Howes et al objecting to the present construc- tion plans of the University of Dubuque consisting of two room homes and a parking lot at the corner of West and Gilliam Streets, presented and read. Councilman Moffatt moved that the petition be referred to the Planning and Zon. ing Commission for their recom. mendation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the Des Moines Regis. ter and Tribune asking permission to place a newspaper vending rna. chine on the corner of 9th and Main Streets, presented and read. Councilman Murphy moved that the petition be referred to the Council for their consideration. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the Shiloh Circle No. 37 Ladies of the Grand Army of the Republic requesting permission for the holding of a tag day on Saturday, September 4th, 1948, pre. sented and read. Councilman Mof- fatt moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of A. W. Plummer et al asking the City Council not to al- low the Interstate Power Company to erect a transformer station at the southwest corner of Cherry and Avoca Streets, presented and read. Councilman Wharton moved that the City Manager be requested to inform the Interstate Power Company that a petition is on file objecting to the erection of it transformer station at the south. west corner of Cherry and Avoca Streets. Seconded by Councilman Murphy. Carried by the following vote: Yeas—M a y -o r Van Duelman, C o u P. c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of W. D. Deckert Com- pany asking Council to take action in making 9th Street between Cen- tral Avenue and White Street a two-hour parking zone, presented and read. Councilman Murphy moved that the petition be re- ferred to the Chief of Police for investigation and report. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Special Session, July 19th, 1948 299 Petition of Dubuque Auto Supply Co. asking Council to take action in making 9th Street between Cen- tral Avenue and White Street a two-hour parking zone, presented and read. Councilman Wharton moved that the petition be re- ferred to the Chief of Police for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of C. E. Kleis Co. ask- ing Council to take action in regard to the parking situation on East Ninth Street and suggesting that they be granted a permit to mark in yellow paint as a No Parking zone a length in feet the same as the length of their one truck for their use in front of their build- ing, presented and read. Council- man Wharton moved that the peti- tion be referred to the Chief of Police for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Certificate of Library Board de- termining and fixing the budget re- quirements and tax levy for the ensuing year for library purposes showing proposed expenditures in the amount of $50,117.00 of which amount the sum of $47,617.00 is to be raised by taxes, presented and read. Councilman Murphy moved that the certificate be referred to the Council for their considera- tion. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Certificate of Dubuque Park Board determining and fixing the budget requirements and tax levy for the ensuing year for park pur- poses showing proposed expendi- tures in the amount of $47,517.00 of which amount the sum of $38, 417.00 is to be raised by taxes, pre- sented and read. Councilman Mof- fatt moved that the certificate be referred to the Council for their consideration. Seconded by Coun- AVA. cilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Board of Dock Commissioners submitting budget estimate for the ensuing year in the amount of $31,843.00 of which amount the sum of $19,209.00 is to be raised by taxes, presented and read. Councilman Murphy moved that the communication and budg- et estimate be referred to the Council for their consideration. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. PETITION AND WAIVER The undersigned, owner of Lot 103 and 104 of Finley's Addition property abutting upon and adja- cent to Seminary St. hereby peti- tions the vity Council of the pity of Dubuque, Iowa, as soon as prac- ticable, to proceed with the con- struction of an eight (61 inch sani- tary sewer in Seminary Street from the west corporation line to 165' east of the east property line of St. Ambrose St. and does hereby petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bids and contracts for sewer work. In consideration of the construc. tion of the improvement as afore. said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection expense to the City and the expense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assess- ments to be made against the prop. erty of the undersigned in propor- tion to the special benefits con- ferred on a front footage basis and that such assessment shall be and constitute a lien upon the proper- ties of the undersigned for the actual cost of such improvements on and from the date of the ac- 3O0 Special Session, July 19th, 1948 ceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provid- ed by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his propor- tionate share of the actual cost as aforesaid. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by delivery of special assess- ment certificates or special assess- ment bonds to the contractor against the property of the under- signed. The undersigned further petitions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anti- cipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im. provements the Resolution of the City Council may contain recitals that said improvements are or- dered with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as afore. said. KARL W. HARKER Councilman Wharton moved that the Petition and Waiver be receiv. ed and made a matter of record. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Ordinance No. 14-48. An Ordi- nance amending Ordinance No. 10-37, being "An Ordinance regu- lating the use of vehicles upon the streets of the City of Dubuque: designating the provisions hereof as the "Traffic Code" of said City; by making certain streets stop in. tersections and by making certain other streets boulevards," present. ed and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Council. man Murphy. Carried by the foiiow. ing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelmaa, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas —Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Ordinance No. 15-48. An Ordi- nance amending "Traffic Code" of the City -of Dubuque by establish- ing parking regulations on addi- tional streets and be repealing or- dinances in conflict herewith, pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: eas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Louncilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded Special Session, July 19th, 19+8 301 by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Ordinance No. 16-48. An Ordi- nance providing for the vacation of part of Avoca Street next ad- joining Lot 2 of Sub. of Lot 167, Finley's Addition in the City of Dubuque, Iowa, and granting and conveying said alley to John E. Behlmer, presented and read. Coun- cilman Thompson moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i. m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. July 6, 1948. To the Honorable ana City Council Dubuque, Iowa Gentlemen: The City of Dubuque Water De- partment carries Public Liability and Property Damage Insurance with the Ohio Casualty Co. Policy No. M C 26534, through its author- ized agent Schweitering & Wallis. This policy was given to the City Solicitor in his office, and is still in his possession. The Ohio Casualty Co. is the Water Department's representa- tive in settling the claims for dam- ages at the Circus Grounds on East Fourth St., May 18, 1948. They have made their investiga- tions and in the last conversation with their adjustor, agrees to de- fend our interest in the matter. From my knowledge of this case, one of two things caused the acci- dent: First, a defective hydrant, in which case the Water Department and its insurance carrier are liable, or Second, negligence on the part of the Fire Department, in which case the City is liable. Respectfully submitted, J. J. HAIL Superintendent, City Water Department. Councilman Wharton moved that the communication of Water Super- intendent Hail be received and filed. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. July 7, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Lester Mueller for $21.00 caused to his automobile while parked in front of his home at 2446 Wash- ington St. in the City of Dubuque. Claimant has been in the practice of parking his car in front of his home which is across from the ball diamond. That while a ball game was on a ball was hit a- cross the street hitting his car on the top and causing the cloth top to split on both sides from where it was fastened and to be of no use. It has been held by the New York Court of Appeals and the New Jersey Court of Appeals that a municipality is liable when one is struck by a foul ball while passing along sidewalk bordering Portion of the park. I am of the opinion that the claim herein should be paid and recom- mend that a warrant be issued for $21.00 Payable to his order and delivered to him upon delivery to the City of a release properly exe- cuted by him. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Thompson move t that the recommendation of City Solicitor Kintzinger be approved 302 Special Session, July 19th, 1948 and the City Auditor instructed to draw a warrant in the amount of $21.00 in favor of Lester Mueller, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubu- que of a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. July 15, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to a number of claims for damages received by in- dividuals waiting in line to enter Mills Bros. Circus on the 4th Street Extension in the City of Dubuque about 1:30 P. M. on May 18, 1948; sometime prior thereto a connection had been made from a fire hydrant for water for the circus, and water had been run- ning through said connection into the circus; that about 1:30 that afternoon firemen of the City of Dubuque went to the location of this hudrant, one fireman had a wrench to shut off the water and connect the fire hose with the hydrant. That when he placed his wrench on top of the hydrant, a cap blew off causing a large stream of water under heavy pressure to be discharged therefrom and a- gainst . various individuals, knock- ing some to the ground and dam- aging some otherwise. It was later discovered that the threads on the nipple to which this cap had been attached were cross sectioned and defective. In my opinion this con- dition should have been discovered and remedied and therefore, the liability herein is one of the Dubuque City Water Department. I recommend that the claims be allowed and paid from the City Water Department, and that the remittances be paid to the claim- ants upon delivery to the City of a release properly executed by them. 1. Barbara Boyes, 468 Lincoln Ave. $15.98 2. Mrs. Burt Boyes, 468 1-2 Lincoln Ave. 8.65 3. Virginia Schumacher, 2342 Central Avenue 30.00 4. Mrs. A. H. Hammerhand, 1887 Seminary St. 46.45 5. Paul M. Sowle 620 Strauss St. .50 6. Dwight D. Bonham, State Bank of Table Rock, Table Rock, Nebraska 99.68 7. H. F. Reynolds, 29.10 8. Dr. D. F. Ward 24.90 Yours truly, JOHN J. KINTZINGER. Councilman Murphy moved that the recommendation of City Solici� for Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $15.98 in favor of Barbara Boyes, to draw a warrant in the amount of $8.65 in favor of Mrs. Burt Boyes, to draw a warrant in the amount of $30.00 in favor of Virginia Schu- macher, to draw a warrant in the amount of $46.45 in favor of Mrs. A. H. Hammerhand, to draw a war- rant in the amount of $0.50 in favor of Paul M. Sowle, to draw a warrant in the amount of $99.68 in favor of Dwight D. Bonham, to draw a warrant in the amount of $29.10 in favor of H. F. Reynolds, to draw a warrant in the amount of $24.90 in favor of Dr. D. F. Ward a- gainst the City Water Department Fund, as settlement in full of the claims and that said warrants be delivered upon receipt by the City of Dubuque of releases properly executed by the claimants. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy', Thompson, Wharton. Nays — None. July 19, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have .approved the following bond and desire to have your approval on same for filing: EXCAVATION Lockhart Plumbing & Heating CO-, Moline, Illinois. No. 251603, Western Surety Co. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Moffatt moved la ed the bond be approvedand on file. Seconded by Councilman Special Session, July 1961, 1948 303 Thompson. Carried by the follow- I I recommend that the decisions ing vote: of the Council be confirmed. Yeas — M a y o r Van Duelman, Respectfully submitted, Councilmen Moffatt, Murphy, MBERG A. A. RHOCity Thompson, Wharton. Manager. Councilman Wharton moved that Nays — None. the recommendation of City Man. 19, 1948. ager Rhomberg be approved. Sec- To onded by Councilman Moffatt. Car- and City Council, ried by the following vote: Dubuque, Iowa. Yeas — Mayor Van Duelman, Gentlemen: At the meeting of July 6, 1948 Councilmen Moffatt, Murphy, the matter of providing a cross- Thompson, Wharton. Nays — None. ing over the railroad tracks at July 16, 1948. Railroad Avenue was referred to To the Honorable Mayor the Council to view the grounds. and City Council, The Council having viewed the Dubuque, Iowa. premises decided to start proceed- Gentlemen: ings for providing the crossing at On May 15, 1948 I addressed a Railroad Avenue. I recommend letter to your Honorable Body ask- that the decision of the Council ing permission to issue a building be confirmed and the necessary permit for one G.B.H. Way Home proceedings ordered drawn. to be erected on Rosedale Avenue Respectfully submitted, which you granted. After the home A. A. RHOMBERG was erected in Dubuque several City Manager. changes were recommended to Mr. Councilman Murphy moved that W. J. Healy who is the distributor the recommendation of City Man- for this area. Attached hereto is a ager Rhomberg be approved. Sec- letter from Mr. Healy stating that onded by Councilman Thompson. the changes will be made and how Carried by the following vote: they will be made. The changes Yeas — M a y o r Van Duelman, are in the floor bearing and con, Councilmen Moffatt, Murphy, structions and wind bracing. Thompson, Wharton. I therefore recommend that with Nays — None. these changes assured blanket per- July 19, 1948. mission be given to erect this home To the Honorable Mayor in the City of Dubuque. Respectfully submitted, and City Council, DONALD J. BANDY Dubuque, Iowa. Building Commissioner. Gentlemen: Councilman Moffatt moved that At the meeting of June 29, 1948 the recommendation of Building the following matters were re- Commissioner Bandy be approved. ferred to the Council to view the Seconded by Councilman Murphy. grounds and the Council having Carried by the following vote: viewed the premises arrived at the Yeas — Mayor Van Duelman, conclusions stated herewith. In the matter of the petition of C o u n c i l m e n Moffatt, Murphy, the Midwest Lumber Company re- Thompson, Wharton. questing a fifteen (15) foot load- Nays — None. July 19, 1948. ing zone thirty (30) feet west of To the Honorable Mayor Washington Street, it was decided and City Council, to grant the request. Concerning the communication Dubuque, Iowa. of Wilfred J. Healy with respect Gentlemen: The concrete paving of Forest to the GBH-Way Home, it was Lane from Nevada Street to Delhi decided that certain structural Street has been completed accord changes must be made before per- ing to the plans and specifications mits could be granted for such by the Thos. Flynn Coal Co. houses, I therefore recommend its ac In the matter of the Homart by the Council. house, it was concluded that the ceptance Respectfully ubmitted, Building Commissioner be author- A. A. RHOMB Man ized to ager. grant permits for the erec- City tion of this type of home. Special Session, July 19th, 1948 304 Thompson moved Councilman Murphy moved the Councilman ofCity option of the solution. Second- that the recommendation Rhomberg be app ed. ed by Councilman Thomps n, Car - Manager. by Councilman Wharton. ried by the following vote: Seconded the following vote: Yeas — Mayor Van Duelman, Carried by Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Councilmen Moffatt, Murphy, Thompson, Wharton. Thompson, Wharton. None.July 19, 1948. Nays — None. (A Resolution Accepting Improve- To the Honorable Mayor ment and Directing the Clerk to and City Council. Publish Notice.) Dubuque, Iowa. CITY OF DUBUQUE, IOWA Gentlemen: RESOLUTION NO.162-48 The improvement of Diamond WHEREAS, the contract for the Street with concrete curb and gut - of Forest Lane from ter from Central Avenue to Jack - improvement the west curb line of Nevada Street son Street by the D. C. May Con - to the east curb line of Delhi Street struction Co. has been completed been completed and the City according to the plans and specifi- has Manager has examined the work cations. filed his certificate stating that Therefore. I recommend its ac - and the same has been completed ac- ceptance by the Council. cording to the terms of the con- Respectfully submitted, tract, plans and specifications and A. A. RHOMBERG, recommends its acceptance, now City Manager. therefore, Councilman Moffat moved that BE IT RESOLVED, by the City the recommendation of City Man - Council of the City of Dubuque, ager Rhomberg be approved. Sec - that the recommendation of the onded by Councilman Thompson. City Manager be approved and that Carried by the following vote: said improvement be and the same Yeas — M a y o r Van Duelman, is hereby accepted and the City Councilmen Moffatt, Murphy, Engineer be and he is hereby Thompson, Wharton. directed to prepare a plat and Nays — None. schedule showing the lots or par- (A Resolution Accepting Improve - cels of real estate subject to assess- ment and Directing the Clerk to ment for said improvement and Publish Notice.) file the same in the office of the City of Dubuque, Iowa. City Clerk subject to public inspec- RESOLUTION NO. 163-48 tion and said Clerk shall upon re- WHEREAS, the contract for thq ceipt of such plat and schedule improvement of Diamond Street publish the notice of the Council's from the east curb line of Central intention to levy special assess- Avenue to the west curb line of ments therefor, as required by law. Jackson Street has been complet- BE IT FURTHER RESOLVED, ed and the City Manager has ex - that the City Treasurer be and he amined the work and filed his certi- is hereby directed to pay to the ficate stating that the same has contractor from the funds to be been completed according to the realized from the sale of improve- terms of the contract, plans and ment bonds issued upon the above specifications and recommends its described improvement in amount acceptance, now therefore, equal to the amount of his con- BE IT RESOLVED, by the City tract, less any retained percentage of Dubuque, that the recommenda- provided for therein. tion of the City Manager be ap- Passed, adopted and approved proved and that said improvement this 19th day of July, 1948. be and the same is hereby accepted Approved: and the City Engineer be and he FRANK VAN DUELMAN is hereby directed to prepare a plat Mayor. and schedule showing the lots or F. W .THOMPSON parcels of real estate subject to improvement GEO. R. MURPHY assessment for said in the office of ALBERT WHARTON and file the same W. W. MOFFATT the City Clerk subject to public Councilmen, Attest: J. inspection and said Clerk shall up" and ached - J. SHEA on receipt of such plat City Clerk. ule publish the notice of the Coun- Special Session, July 19th, 19.8 305 cil's intention to levy special (Awarding Contract) assessments therefor, as required RESOLUTWHEREAS, IONproNaO.1 by law. have8been BE IT FURTHER RESOLVED, submitted by contractors for the that the City Treasurer be and construction of an eight (8) inch is hereby directed to pay to the vitrified tile sanitary sewer for he Vernon from the funds beVernon and Edina Streets begin. contractor ning from the sale of improve- at the existing manhole locat- realized ed bonds issued upon the above in mineral lot No. 176 and ruu- ment ning described improvement equal to southerly across mineral lot of his contract, less No. 176 and lot No.72 of Voelker the amount any retained percentage provided Highlands to the center of Edina Street, (M. H. No.1), thence south - for therein. erly across lots 1 and 2 of lot 73 Passed, adopted and approved of Voelker Highlands and lot 1 of this 19th day of July, 1948. Mount Pleasant addition to the Approved: center of Vernon Street, thence FRANK VAN DUELMAN north easterly along the centerline Mayor. of Vernon Street to a point 225 F. W. THOMPSON feet west of the west property line GEO. R. MURPHY of Alta Vista Street; also from ALBERT WHARTON manhole No.1 northeasterly along W. W. MOFFATT the centerline of Edina Street to Councilmen. a point 225 feet west of the west Attest: J. J. SHEA property line of Alta Vista Street, City Clerk. pursuant to Resolution No.83-48, Councilman Thompson moved and Thos. Flynn Coal Co., con-' the adoption of the resolution. Sec- tractor, has submitted the lowest onded by Councilman Murphy. Car- bid for the furnishing of all labor ried by the following vote: and materials and performing the Yeas — Mayor Van Duelman, work as provided for in the plana Councilmen Moffatt, Murphy, and specifications; now therefore, Thompsn, Wharton. B E IT RESOLVED by the City Council of the City of Nays — None. Dubuque that the contract for the July 6, 1948. above mentioned improvement be To the Honorable Mayor awarded to Thos. Flynn Coal Co. ad City Council, and the Manager be and he is Dubuque, Iowa. hereby directed to execute a con - Gentlemen: tract on behalf of the City of Pursuant to your instructions Dubuque for the complete perform - sealed bids were received until ante of said work. 10:00 o'clock A.M. July 6, 1948 BE IT FURTHER RESOLVED for the construction of an 8" sani- that this resolution being deemed tary sewer in Vernon and Edina urgent and of immediate necessity Streets. One bid was received, become effective from and after that of the Thos. Flynn Coal Co., its passage and adoption by the the tabulation of which is attached. City Council. The bid totals $10,819.00 for Approved and placed on file for work estimated at $5,954.00. This one week on July 19th, 1948. bid is submitted for the considera- Councilman Wharton moved that tion of the Council. the resolution be approved and Respectfully submitted, placed on file for one week. Sec - A. A. RHOMBERG, onded by Councilman Moffatt. Car - City Manager. ried by the following vote: Councilman Wharton moved that yeas — Mayor Van Duelman, the communication of City Man- Councilmen Moffatt, Murphy, ager Rhomberg be received and Thompson, Wharton. filed. Seconded by Councilman Mur- Nays — None. limi- phy. Carried by the following Resolution No. 165-48• p of proposed Plans, vote: nary approval form of contract and Yeas — Mayor Van Duelman, specifications, documents for to con - Councilmen Moffatt, Murphy, all other furnish, deliver and test two Thompson, Wharton. struct driven two stage Pumping Nays — None. electric 3o6 Special Session, July 19th,. 1948 units forRESOLUTION 140.167-48 , the existing Eagle Point BE IT RESOLVED BY THE Pumping Station at Dubuque, Iowa, CITY COUNCIL OF THE CITY estimated cost $12,00ounce present- OF DUBUQUE that pursuant to a ed and read. Councilman Murphy moved the adoption of the resolu- Resolution No.165-48, which was tion. Seconded by Councilman duly passed by the City Council Thompson. Carried by the follow- for Constructing, Furnishing, De. livering and Testing of two elec- ing vote: tric driven two stage centrifugal Yeas — Mayor Van Duelman, pumping units for the existing Councilmen Moffatt, Murphy Eagle Point Pumping Station, that Thompson, Wharton. said improvements be, and they Nays — None. are hereby ordered constructed. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the improvement here- in provided for in the manner pro- vided by law, and said improve- ment shall be completed within the number of consecutive days speci- fied by the bidder, which com- mencement date shall be specified in a written order by the City Manager. 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 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. RESOLUTION NO.166-48 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 165-48, given its preliminary approval on the pro- posed plans and specifications, form of contract, and estimated cost of improvement, and placed same on file in the office of the City Clerk for public inspection, for the Constructing, Furnishing, Delivering and Testing of two e- lectric driven two stage centrifugal pumping units for the existing Eagle Point Pumping Station. BE IT THEREFORE RE- SOLVED that on the 9th day of August, 1948, a Public Hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque, Iowa, at which time the taxpayers may appear and snake objection to the proposed plans and specifications, and the City Clerk be and he is hereby directed to cause a notice of thel time and place of such hearing to be published 10 days before said hearing in the official newspaper, published in the City of Dubuque, at which hearing the City Council will hear any objections and enter on record its final decision thereon. Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved that adoption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays —None. Nays — None. Resolution No. 168-48. Prelimi- nary approval of plans, specifica- tions, form of coutract, plat and schedule and all other documents for the construction of storm sew- erage system, curb and gutter and street surfacing for the following streets included in the Hillcrest Annexation Assessment District: 1 -- Hillcrest Road from Rhe oad est property line of Asbury to the east property line of Avalon Road. Special Session, July 19th, 1948 307 2 -- Mullin Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 3. Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 4. - Chaney Road f r o in the south property line of Asbury Road to the north property line of Hill- crest Road. 5. -- Morningview Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 6. – Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 7. -- Avalon Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 8. -- Valleyview Road from the east property line of Avalon Road to the west property line of Chaney Road. Estimated cost $95,224.19, presented and read. Councilman Murphy moved that the resolution be adopted. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. assessed against each lot, for the construction of storm sewerage system, curb and gutter and street surfacing for the following streets included in the Hillcrest Annexa- tion Assessment District: construction and kind of materia to be used. 6. In each case the amount there of which is estimated to b 1. - Hillcrest Road from the west property line of. Asbury Road to the east property line of Avalon Road. 2. -- Mullin Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 3. -- Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 4. -- Chaney Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 5. -- Morningview Road from the south propertly line of Asbury Road to the north property line of Hillcrest Road. 6. -- Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 7. – Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 8. -- Valleyview Road from the east property line of Avalon Road to the west property line of Chaney Road. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the a- mount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and lespecifications here - which have been Engineer which have been app for by the approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve - 1 ment will be assessed upon and against all privately owned proper- ty lyiug within assessable distance e provided by law and in an amount. (Necessity for improvement.) RESOLUTION NO.169-48 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be assessed together with a valuation fixed by the Council. 5. An estimate of the cost of the Proposed improvement, stating the same for each different type of 308Special Session, July 19th, 1945 not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of July, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Fixing date of hearing.) RESOLUTION N0.170-48 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 168-48 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 construction of storm sewerage system, curb and gutter and street surfacing for the following streets included in the Hillcrest Annexa- tion Assessment District: 1. -- Hillcrest Road from the west property line of Asbury Road t the east property line of Avalon Road. 2. - Mullin Road from the soul property line of Asbury Road t the north property line of Hillcres Road. 3. -- Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 4. - Chaney Road from the south property line of Asbury Road to the north nroperty line of Hillcrest Road. 5. -- Morningview Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 6. - Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 7. -- Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 8. -- Valleyview Road from the east property line of Avalon Road to the west property line of Chaney Road, and, WHEREAS, the proposed Reso. lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RE- SOLVED that on the 9th day of August, 1948, 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 own- ers of property subject to assess- ment for the proposed improvement may appear and make objection to the proposed plans and specifica- tions and proposed form of con- tract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than (2) nor more than four (4)1 weeks prior to the day fixed for its consideration and unless prop• erty owners at the time of final o consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have o been deemed to have waived all t objections thereto, at which hear- ing the Council will hear such ob- W.. Special Session, July lath, 1948. .109 jections and enter on record its final decision thereon. Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second ea by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy. Thompson, Wharton. Nays — None. RESOLUTION NO.171-48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to is- sue such permit on behalf of said City. NAME AND ADDRESS Cletus N. Pauly, 1255 Central Ave. Dubuque Golf Club, Randall Place. BE IT PrRTHER. RESOLVED that the bonds filed with the ap; plications be approved. Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO.172-48 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 Coun- cil of the City of Dubuque that the following applications be grant- ed and the licenses are to be is- sued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Vird Clary and Dolores Clary, 2093 Washington Street. Cletus N. Pauly, 1255 Central Ave. CLASS "C" PERMIT Russell G. Kissling, 1585 Delhi St. Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays None. RESOLUTION N0.173-48 WHEREAS, heretofore applica- tions 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Vird Clary and Dolores Clary, 2093 Washington Street. Cletus N. Pauly, 1255 Central Ave. CLASS "C" PERMIT Russell G. Kissling, 1585 Delhi St. BE IT FUR'PHER RESOLVED that the bonds filed by such appli, cants be and the same are hereby approved. 310 Special Session, July 19th, 1948 Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays None. RESOLUTION NO.174-48 Whereas, The Council of the City of Dubuque has duly considered and caused to be prepared the budget estimate of expenditures for the fiscal year beginning April 1, 1949 and ending March 31, 1950, as a basis for the tax levy for the year 1948 the same to be collected the year 1949 and said budget hav- ing been duly approved by it: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that said budget estimate be and the same is hereby ordered filed in the office of the Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 2nd day of August, 1948 at 7:30 o'clock P.M. in the Council Chamber in the City Hall. Be It Further Resolved, That said Clerk be and he is hereby di- rected to cause said budget esti- mate of expenditures and proposed tax levy to be published in the official newspaper of the City of Dubuque and an official notice to be given of the time and place, when and where said budget esti- mate will be considered by said Council for final adoption, at which time and place taxpayers will be. heard for and against said esti. mate, said publication to be not less than ten (10) days before said date of hearing. Be It Further Resolved, That In lieu of all the separate annual levies for the General Fund, the Grading Fund, the Improvement Fund, the Sewer Fund, the Hie, tric Light or Power Fund, the Snow Removal Fund, the Garbage Dis- posal Fund, the City Bridge Fund, and the Main Sewer Fund, there shall be levied one (1) tax which shall be designed as the "Consoli- dated Fund." Passed, adopted and approved this 19th day of July, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. .A► Special Session, July 19th, 1948 311 E;UDGET ESTIM CTE AND ity Est mate CORD OF FILING NO'i 1('F -The City Council of Dubuque of Dubuque County, Iowa, will meet August 2, 1948, at 7:30 P.M., at the City Hall, Dubuque. TaWaver:; will be heard for or against he following estimate of ex- penditures for the year beginning April 1, 1949. past and an- tic rl.;;aile�i statement of receipts and disbursements, both ticipated will be available at the hearing. J. J.CityEClerk 7-21-1t v General .......................$ 1 2 3 4 I 5 6 Expenditures for Year,' r Grading ..................I ... .... Improvement ........... t : �p �; z� 23,959 y Y "^row �.piN� <?wo� ��omo LL Snow Removal ............ 15,675 ��o o°,a ��39 FUNDS y wo!' omAG ~oCm owo as �a 2,412 105,670 wo ac o ,»w1 M Main Sewer ................. .o Garbage Disposal ........ 33,070 33,918 33,178 44,108 21,500 48,000 c Light ........................... 36,467 v General .......................$ 386,120 $ 402,458 $ 395,366 r Grading ..................I ... .... Improvement ........... 9,843 40,881 23,959 8,000 12,000 LL Snow Removal ............ 15,675 17,083 14,000 .0 w City Bridge ................ 'M Sewer ........................... .. 34,106 2,412 105,670 28,813 30,000 M Main Sewer ................. .o Garbage Disposal ........ 33,070 33,918 33,178 44,108 21,500 48,000 c Light ........................... 36,467 36,844 40,500 U Total Consolidated ....$ 590,080 $ 665,612 $ 598,179 $............ $204,400 $393,779 Water Works "' """""' 269,257 158,706 291,488 166,326 719,965 191,396 100,000 219,965 ........... 18,517 ............ 172,879 Fire Maintenance .......... Fire Equipment ............. 4,229 26,608 62,407 48,000 ............ 2,500 14,407 47,522 Library .... ..................... 43,201 94 43,348 104 50,022 110 ............ ............ 110 Library (Agri. Land) ...... Parking Meter and 'Lots ...... I..... 19,798 111,500 61,500 60,000 8,300 800 ............ 38,417 Park .... .......... ................ 22,525 28,782 25,533 27,805 47,517 31,843 3,844 8,790 19,290 Dock .... ............................. Dock Bd ...................ent 27,895 6,200 ........... 28,813 ............ I........... ........... ...18 .. 28,813 Playground Improvement S�viinming Pool 27,949 23,706 24,034 ........... 4,825 450 19,209 49,559 Firemen's Pension .. ... 23,501 1,038 30,679 931 50,009 16,003 ............ ............ 1,288 13,716 Firemen's Retirement .. Policemen's Pension ...... 16,479 19,138 25,026 ............ 400 725 24,626 16,296 Policemen's Retirement.. 2,448 2,346 11,021 6,147 ............ "..... ... ............ 6,147 Employee's Retirement .. 23,044 38,417 ........... ............ 38,417 Emergency .................... .......... 10,603 """""" 10,603 Assessment .... .......... Liquor Sales ................... ........... 44,643 66,000 .......... • 66,000 .g¢,169 General Bonds .............. 53,711 21,662 62,754 30,081 D4,169 '16,473 ..I.5 0 .... ............ 16,000 5,000 56,47 Airport Levies .............. Tax).. Street CobsAgri. "" 34,214 175,000 100,000 75,000 ............ 11 Road (Agri. Land) ......... and) 101 114 110 ............ ............ $336,644 $668,660 $998,460 TOTALS .......... .........$1,291,658 $1,642,972 $2,003,764 Estimated Taxes per $1,000.00 of assessed value, $25.984: $37,083,732 Taxable valuation (1947) ................ Moneys and credits (1947). 5 mills ................................................• $11'623,252 """ Monevs and credits (1947), 1 mill ....................... July 17, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with the provi- sions of law, as City Manager, I have prepared an annual budget for the fiscal year beginning April 1, 1949 and ending March 31, 1950 based upon the estimated incomer and expenses of the various depart- ments of the City of Dubuque. These departmental estimates show the appropriations for each department for the preceding year (1948-1949) and also the increase or decrease for the ensuing year (1949-1950). The proposed budget calls for a tax increase of $108,929. This re- sults from two factors as follows: (1) Increases in funds at approxi- mately the same millage as last year due of increase in valuation of 3.5 per cent ($38,417,477 against $37,128,974) - $23,467. (2) Increases in the millage of the following funds based upon the increased valuation amounts to: 21,639 Firemen's Pensions $ 5,096 Policemen's Pensions Playground Improve- 28,813 ment 19,344 Airport 10,570 Emergency .................. $85,462 Proposed increase in tax - $108,929 312 Special Session, July 19th, 1948 The budget has been filed with the City Clerk and will be pub- lished as required by law in order that a public hearing may be had before final action is taken by the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the communication of City Man- ager Rhomberg be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelnlan, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MANAGER OF THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1949.1950. Notice is hereby given that the City Manager of the City of Dubuque has preparee a budget on the basis of estimates of the expenses of the various de- partments of said City for the fiscal year beginning April 1, 1949, and ending March 31, 1950. Such depart- mental estimates show expenses of each department for the preceding year, and the purpose for which the consolidated tax levy, authorized by Section 404.11 of the Code of Iowa, 1946, as amended, is to be used, and In addition thereto, the purpose for which all other tax levies are to be used, including the revenues from mis- cellaneous sources. The levy of a consolidated tax has Iteretotore been determined by said Council and in- corporated in a resolution for such purpose. The budget will be considered for final adoption by the City Coun- cil at a special meeting to be held in the Council Cham- ber at the City Hall on the 2nd day of August, 1948, at 7:30 o'clock P.M. Any interested party objecting thereto or protesting to the same, or to any item thereof or any emission therefrom, shall present his objections to said Council on or before that date. Tbim notice is given pursuant to the direction of the Code of Iowa. J. J. SHEA, 7-21-]t City Clerk ANALYSIS OF TAX LEVIES TO BE MADE IN AUGUST 1948, FOR THE FISCAL YEAR 1949.50 ESTIMATED ASSESSED VALUATION—$38,417,477 SOURCES OF REVENUE FOR 1949-50 FISCAL OPERATION A.—From Taxes Levy in —Fund Mills Tax Consolidated ...................................................10.250 $393,779.00 fire Maintenance .......................................... 4.500 172,879.00 Fire Equipment ............................................. 0.375 14,407.00 Library........................................................... 1.237 47,522.00 Park.................................................................1.000 38,417.00 Playground and Swimming Pool ................ 0.500 19,209.00 Playground Improvement ........................... 0.750 28.813.00 Fire Pension .................................................... 1.290 49,559.00 Fire Retirement .............................................. 0.357 13.715.00 Police Pension ............................................... 0.641 24,626.00 Police Retirement ......................................... 0.268 10,296.00 Employes Retirement ................ ................ 0.160 6,147.00 Emergency........................................................ 1.000 38,417.00 Dock....................................................................... 0.500 19,209.00 General Bonds ............................................... 1.410 54,169.00 Airport.............................................................. 1.470 56,473.00 City Assessment .......................................... 0.276 10,603.00 25.984 $998,240.00 Road Tax on Agricultural Lands (Consolidated Fund)....................................................................... 110.00 Lil,rary Tax on Agricultural Lands (Library Fund)...................................................................... 110.00 $998,460.00 l3.—From Miscellaneous Sources General Miscl. Bu.iness Licenses........................................................$ Revenues 4,500.00 LogLicenses.............................................................. 500.00 L'uildinl' Permits........................................................ 3,500.00 P,uinbing Permits ................................................ 2,750.00 h.n.rical Permits ................... .... 2,750.00 1'011ce Court Fines and Costs .................................. 30,000.00 Beer Permits ............................................................. 35,000.00 Cigarette Permits .................................................. 25,000.00 Street and Garage Receipts ...................................... 3,000.00 Special Session, July 101, 1944 313 T1,eting Prisoners ................ ............. :........................ 500.00 .Mi cellaneous Rents ................................................. 766.00 .,:nellaneous Sales .................................................... 250.00 ,\1n1julance Receipts .................................................. 4,500.00 73en.ith Dept. Receipts ............................................... 500.00 Bicycle Registration ................................................ 700.00 Sale of Real Property .......... .......... ......... I ... I.............. 1,000.00 State Highway Maintenance .................................... 2,295.00 Total .........................$117,500.00 AIRPORT FUND E:ltimated Unencumbered Balance April 1, 1949..$ 15,000.00 Airport Returns.......................................................... 5,000.00 Total ... .......... E*.............. ...... $ 20,000.00 FIRE MAINTENANCE FUND (`utside Fire Protection .........................................$ 1,000.00 FIRE EQUIPMENT FUND Estimated Unencumbered Balance FUND 11 1, 1949..$ 48,000.00 LIBRABook Rentals and Fines .... ......... ...............$ 2,500.00 PARKING LOT FUND F.:.•tunated Unencumbered Balance April 1, 1949..$ 16,500.00 PARKING METER FUND Estimated Unencumbered Balance April 1, 1949..$ 45,000.00 meter Collections....................................................... 60,000.00 Total PARKFUND ........................$105,000.00 Estimated Unencumbered Balance April 1, 1949.,$ 8,300.00 Coilcessions................................................................. 500.00 Miocellaneous Collections ......................................... 500.00 Total......... .... ... ..................I.........$ 9,100.00 PLAYGROUNDS AND SWIMMING POOL Swimming Pool Receipts .........................................$ 3,500 -OC Skating Receipts 250.00 75.00 Miticellaneous Receipts ............................................ Tctal..................$ 4,825.00 POLICE PENSION FUND $ ¢00.00 1% Salary Deduction from .Members ............. POLICE RETIREMENT FUND $ 485.00 Income from Bond Interest ... ..............__.... FIRE PENSION FUND$ ¢50.00 1% Salary Deduction from Members ........... FIRE RETIREMENT FUND Income from Bond Interest$ 1,288.00 ...................................... DOCK FUND Estimated Unencumbered Balance April 1, 1949.$ 3,844.00 01: Tei minal Lease ...................................................... 2,100.00 100 00 Virginia -Carolina Lease ............................................ 1,890.00 Dock House Lease ..................................................... 1,000.00 Harbor Lease................................................................ 1400.00 Wharfage Fees........................................................... 300.00 Miscellaneous Receipts ............................................. Total............................................$ 12,634.00 STREET CONSTRUCTION FUND Estimated Unencumbered Balance April 1, 1949. $176, 00.00 000.00 Receipts- from Gas Tax .................................. Total.................................... .............................. $175,000.00 LIQUOR SALES FUND $ 66,000.00 Estimated City Share .......................................... Total Estimated Misc. Revenues and Unencum-$580,92200 bered Balance .............................................. Total Estimated Receipts from Taxes ................. 998,460.00 TOTAL ESTIMATED CITY REVENUE ........$1,57P,382.00 WATER WORKS DIVISION (Self Supporting) $100,000.00 Estimated Unencumbered Balance ........................ 219 965.00 Estimated Water Revenue ...................................... Total..........................I................. $319,965.00 ESTIMATED GRAND TOTAL CITY AND DETAILED DISTRIBUTION ON OFIvISIONYENUES 1,ROPOSED9,EX$1,.347- PENDITURES FOR FISCAL YEAR 1949-50 GROUP I—GENERAL MINISTRATION (Consolidated Item 101—City Council Proposed 1948-49 1949-50 kppropriations Appropriations $ 1,500.00 $ 1,500.00 A. Salarles 175.00 175.00 B. Travel .............................................. 25.00 25.00 J. Miscellaneous --- ....................... Total 1,700.00 $ 1,700.00 314 Special Session, July 19th, 1948 item 102 -City Manager's Office A Salary City Manager ...............*$ 9,000.00 *$ 9,000.00 A. Salary Secretary .... .... ......... I.......3,115.20 Stenographer ................. 2,204.40 3,116.20 2,204.40 A. Salary B Travel .............................................. 260.00 250.00 C Office ......................... 125.00 76.00 125.00 76.00 D. Printing ......................................... 200.00 200.00 >' Maintenance .................................. G. Material and Supplies .................. 326.00 326.O0 Total ..............................................$ 15,294.00 $ 16,294.60 Item 103 -City Clerk's Office A. Salary City Clerk ....... .................$ 3,801.60 $ 3,801.60 A Salary Extra Help .... _................. 150.00 150.00 r, Material and Supplies ................. 75.00 75.00 Total .................................................$ 4,026.60 $ 4,026.60 Item 104 -City Auditor's Office A. Salary City Auditor ....................*$ 2,801.70 *$ 2,801.70 F. Maintenance .................. ................ G Material and Supplies .................. 50.00 200.00 50.00 200.00 Total ..............................................$ 3,051.70 $ 3,051.70 Item 105 -City Treasurer's Office A. Salary City Treasurer ........... *$ 2 762.20 •$ 2,762.20 25.00 25.00 D Printing and Advertising ............ F Maintenance.................................25.00 G Material and Supplies ................ 150.00 25.00 150.00 I Surety Bond .................................. 100.00 100.00 Total ..................................................$ 3,052.20 $ 3,052.20 (Note: 25% of salaries of City Manager, City Auditor, and Treasurer are paid by Water Dept.) Item 106 -City Solicitor's Office A. Salary City Solicitor (part time)$ 5,742.00 $ 5,742.00 B Travel .............................................. 40.00 40.00 40.00 40.00 C. Office ................................................ G. Material and Supplies ................ 85.00 86.00 Total .............................. ..................$ 5,907.00 $ 5,907.00 Item 108 -City Assessing J. City's Share ...................................$ 10,272.00 $ 10,603.00 ($10,603.00 paid from City Assessment Fund as pro- vided by S. F. 46 Acts of 52 G. A.) Item 109 -Civil Engineer's Office A. Salary Engineer ...........................$ 3,960.00 3,300.00 $ 3,960.00 3,300.00 A. Salary Assistant ........................... A. Salaries Rodman ............ ............8,400.00 8,400.00 C. Office .............................................. 100.00 100.00 E. Equipment ....................................... 200.00 500.00 200.00 500.00 F. Maintenance ................................... G. Material and Supplies .................. 500.00 500.00 Total ................................................$ 16,960.00 $ 16,960.00 Item 113 -City Elections A. Salaries Clerks, etc .......................$ 500.00 $ 500.00 G. Material and Supplies ................. 400.00 400.00 J. Rents ................................................. 50.00 50.00 Totals ..............................................$ 950.00 $ 950.00 Item 114 -City Buildings A. Salaries Janitors ........................$ 4,500.00 $ 4,500.00 E Equipment ....................................... 1,000.00 1,000.00 F. Maintenance and Repairs ............ 2,500.00 2,500.00 G. Material and Supplies ................. 1,000.00 1,000.00 H Heat and Light .............................. 1,800.00 1,800.00 Total ............................. ..................$ 10,800.00 $ 10,800.00 Item 115 -Police Court A. Salary Police Judge .....................$ 2,257.20 $ 2,257.20 G. Material and Supplies ................. 15.00 15.00 Total .................................................$ 2,272.20 $ 2,272.20 Item 116 -Civil Service Commission 100.00 G. Material and Supplies .................$ 100.00 $ J. Miscellaneous ................................ 100.00 100.00 Total .................................................$ 200.00 $ 200.00 SUBTOTALS GROUP I -GENERAL ADMINISTRATION ......................$ 74,486.30 $ 74,817.30 (Consolidated Fund -$64,214.30: City Assessment Fund - $10,603.00) GROUP II -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (Consolidated Fund) Proposed 1948-49 1949-60 Appropriations Appropriations A. Salary Chief of Police Y ....$ 4,092.00 $ 4,092.00 A. Salary Senior Captain ................. 3,326.40 3,326.40 Special Session, July 19tH, 1948 A Salaries Captains (2) .................... 6,124.80 6,124.80 A. Salaries Desk Sergeants (3) 1111.. 9,068.40 9,068.40 A. Salaries Detectives (4)1111........... 11,932.80 11,932.80 A. Salaries ts "' 6,808.00 6,808.00 A. Salaries Patrolmens(after 3 A. A. Salaries Firemen (after 3 yrs.) yrs.) (24) .................................... 67,478:40 67,478.40 A Salaries Patrolmen (before 3 18,572.40 (7) ............................................1111 A. Salaries Firemen (during !at yr.) 7,207.20 yrs.) (2) 6,306.40 6,306.40 A Salaries Patrolmen (during 35.00 3,760.00 35.00 3,750.00 F-1 Maintenance .................................. F-2 Repairs to Buildings .................. 1st yr.) (3) ............................... 7,207.20 7,207.20 A. Salaries Matrons (2) .................... 4,804.80 4,804.80 A Salaries Special Officers ............. 100.00 100.00 B. Travel .............................................. 50.00 50.00 C Office .............................................. 275.00 275.00 D ..... E. Printing .......................................... Equipment ................ I..... ..... .......... 150.00 3,500.00 150.00 3,500.00 F. G. Maintenance ................................... Material and Supplies ................. 2,800.00 2,000.00 2,800.00 2,000.00 J-1 Feeding Prisoners ........................ 1,500.00 1,500.00 J-2 Miscellaneous (Injuries) ............ 300.00 300.00 Total ...............................................$135,824.20 $135,824.20 (Consolidated Tax -$48,924.20; Emergency Fund Transfer -$20,900.00; Liquor Sales Fund -$66,000.00) item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ........................$ Salaries Senior Captains (2) ...... 4,092.00 $ 6,652.80 4,092.00 6,652.80 A. A. Salaries Captains (5) .................... 15,312.00 15,312.00 A. Salaries Lieutenants (7) ............. Salaries Engineers (4) .............. 20 328.00 11,616 00 11,328.00 616 00 A. A. Salaries Firemen (after 3 yrs.) (33) .................................. . . 92,782.80 92,782.80 A. Salaries Firemen (during 3 yrs.) 18,572.40 18,572.40 (7) ............................................1111 A. Salaries Firemen (during !at yr.) 7,207.20 7,207.20 (3) ...I .......................... ...1...1...11 B. Travel B. 650.00 60.00 660.00 C. Office ................1....1.......1.1............ D. Printing ......................................... 35.00 3,760.00 35.00 3,750.00 F-1 Maintenance .................................. F-2 Repairs to Buildings .................. 3,000.00 3,000.00 2,700.00 G. Material and Supplies .................. 2,700.00 3,000.00 3,000.00 H. Heat and Light 1111 ........................ 400.00 400.00 I. Insurance .......................................... J-1 Miscellaneous (Injuries) ............ 900.00 960.00 60.00 J-2 Interest on Warrants ................. 60.00 300.00 287.80 J-3 Reserve for Emergency .............. Total . .............. $191,408.20 $191,396.00 ................................. (Fire Maintenance Tax -$172,879.00; Balance Fund and Trans- Misc. Revenue -$1,000.00; Emergency fer -$17,517.00) item 119B -Fire Equipment Fund $ 63,906.00 $ 62,407.00 E. Equipment ........................ (Fire Equipment Tax --$14,407.00; Unencumbered Balance -$48,000.00) Item 120 -Fire and Police Alarm (Consolidated Fund) $ 2,824.80 A. Salary City Electrician.... ......... .$ 2,824.80 2,100.00 2,100.00 A. Salary Extra Help ........................ 100.00 100.00 C. Office ................................... 160.00 150.00 E. Equipment ........................ ......... 150.00. 150.00 F. Maintenance ............................... G. Material and Supplies . ............. 200.00 100.00 200.00 100.00 H. Heat, Light and Power .............. 5,624.80 $ 5,624.80 Total ... .... ..._ . .............$ Item 121 -Building Commissioner's office (Consolidated Fund) $ 3,600 .00 $ 3,600.00 A. Salary Building Commissioner .... 26,00 26.00 C. Office ......................1......1..11............. 150.00 150.00 F. Maintenance ................................... 100.00 100.00 G. Material and Supplies ................ �- $ 3 $ 3,875.00 Total.... .................................. . Item 122 -Plumbing Inspector's office (Consolidated Fund)32G.40 $ 3, $ 3,326.40 A. Salary Plumbing Inspector ...• 25.00 25.00 C. Office ..................11.1...1.................... .........50.00 15.00 15.00 50.00 D. Printing .... • .•.• G. Material and Supplies ..............•• 180,00 180.00 J. Plumbing Board .....1.....1..1............1 _ _�- 3,596.40 $ 3,59G.40 $ Total ..................................... Item 123 -Electrical Inspector's office (Consolidated Fund) A. Salary Electrical Inspector ........$ 3,326.40 25 00 $ 3,326.40 25.00 ............................ .••. C. Office ""'""" 15.00 15.00 176-00 D. Printing ...........11........1.1 .................. 175.00 100.00 F. Maintenance ..........111.......1 ............. 100.00 G. Material and Supplies ..•• ......• �- �--- 3,641.40 1$ 3,641.40 $ Total .... ..... .... ..... 1 ... 1. ..... 1. .... .......... 315 P6 SPecial `session, Jt11V 19t1l, 1948 Item 124 -Dog Pound (Consolidated Fund) $ 3,480.80 J. Enforcement Dog Ordinance $ 150.00 $ 150.00 SUBTOTALS GROI'P II, PROTEC- GROUP IV -HIGHWAYS AND STREETS TION OF LIFE AND PROPERTY. $408,026.00 $406,514.80 GROUP III -HEALTH AND SANITATION (Consolidated Fund) A. Salary Timekeeper .......................$ 3,326.40 A. Maintenance............. $ 3,326.40 100.00 G. Material and Supplies • .•.......... 150.00 100.00 150.00 Proposed L948-49 1949-50 Appropriations Appropriations Item 125 -Health Department 1!. Stre,•t Lighting 1111(1 Tratfio Sig- A. A'agesLaborers .........................$ 27,500.00 E. Equipment A. Salary Director (Part Time) ......$ 2,666.40 $ 2,666.40 A. Salary Sanitary Inspector .......... 2,323.20 2,323.20 A. Salary Clerk and Registrar ...... 2,151.60 2,151.60 A. Salary Restaurant Inspector ...... 1,920.00 11920.00 A. Salaries Nurses (4) ...................... 10,289.40 10,289.40 A. Extra Help ................................. 1,742.40 1,742.40 B. Travel ............. ..... .................... 50.00 50.00 C. Office ............................................... 150.00 150.00 D. Printing .......................................... 50.00 50.00 E. Equipment ...................... ............ 60.00 60.00 F. Maintenance .................................. 600.00 900.00 G. Material and Supplies .................. 300.00 900.00 J-1 Laboratory Expense .................... 400.00 400.00 Total ................................................$ 22,693.00 $ 23,593.00 Item 126 -Control of Contagious Diseases J. Control of Contagious Diseases .... $ 1,200.00 $ 1,200.00 Item 127 -Sewer Maintenance A. Wages ............................................. $ 17,500.00 $ 17,500.00 E. Equipment ..................... .............. 700.00 700.00 F. Maintenance .... ............................. 1,200.00 1.200.00 G. Material and Supplies .................. 600.00 600.00 H. Power for Sewer Pumps ............ 1,500.00 1,500.00 Total ...............................................$ 21,500.00 $ 21,500.00 Item 128 -Garbage Disposal J. Contract for Garbage Collection and Disposal ................. ............$ 18,000.00 $ 24,000.00 Item 129 -Milk Inspection A. Salary Milk Inspector .... ............$ 3,220.80 $ 3,220.80 A. Salary Assistant ........................... 2,772.00 E. Equipment ................................... G. Material and Supplies .................. 160.00 100.00 160.00 100.00 Total ...............................................$ 6,252.80 $ 3,480.80 SUBTOTALS GROUP III -HEALTH (Consolidated Fund) AND SANITATION ................... $ 69,645.80 $ 73,773.80 GROUP IV -HIGHWAYS AND STREETS $ 19,000.00 Proposed 1948-49 1949-50 Appropriations Appropriations Item 131 -Highways Administration (Consolidated Fund) A. Salary Timekeeper .......................$ 3,326.40 A. Maintenance............. $ 3,326.40 100.00 G. Material and Supplies • .•.......... 150.00 100.00 150.00 Total ................................................$ 3,576.40 $ 3.576.40 Item 132 -Street Repairing and Grading (Consolidated Fund) 1!. Stre,•t Lighting 1111(1 Tratfio Sig- A. A'agesLaborers .........................$ 27,500.00 E. Equipment $ 27,500.00 .................................. 6,000.00 F. Maintenance ... 6,000.00 G. Material and Su lies ........... •,.., 5,000.00 J. pp 13,000.00 5,000.00 13,000.00 Grading ... ........................ ............ 5.000.00 8,000.00 Total .................................................$ 56,500.00 Item 135 -Street Construction Fund $ 59,500.00 J. Street Construction .................$180,000.00 Item 1337City Garage (Consolidated $175,000.00 Fund) A. Sal,u•ies Aechanics ....... .........$ 10,000.00 C. Office $ 10,000.00 .......... ....... ........ 75.00 E. Equipment ........ ............. 500.00 1`. \laintcnaace 75.00 500.00 ............. 400.00 G. Material and Supplies ................ 2,325.00 400.00 2,325.00 'Heat, Light and Power ........... 2,000.00 I. InSrltnCe n 2,000.00 .................. . ......... _ . 50.00 50.00 Total ........... _.....$ Item 134 -Ash and Can Collections 15,350.00 $ 15,350.00 (Consolidated Fund) 1.,,ages Drip, rs ;uul Lulwrers ._ 1'. Mai11tenauc° $ 19,000.00 $ 20,000.00 __.. l.. Material and Supplies ................... 1,400.00 1,400.00 500.00 1,200.00 Total .............. .................. Item 138 -Street and Traffic $ 20,900.00 $ 22,600.00 Signal Lighting (Consolidated Fund) 1!. Stre,•t Lighting 1111(1 Tratfio Sig- nal . . ..., $ 40,500.00 $ 40,500.00 -perl:il Session, July i0t1i, io,;.S 317 Item 140—Street Cleaning (Consolidated Fund) A. Wages, Drivers and Laborers ....$ 16,000.00 $ 16,000.00 E. Equipment ........ . .......... ............... 500.00 1,000.00 F. Maintenance ..... ... ..... . ......... ...... 3,500.00 3,500.00 G. Material and Supplies ................ 3,500.00 3,500.00 Total . .... ............ . . . .. . $ 22,500.00 $ 24,000.00 Item 141—Snow Removal (Consolidated Fund) A. Labor ..... ....... .......... . .. .............. $ 8,000.00 $ 8,000.00 E. Equipment ...................... ............ 1,000.00 1,000.00 F. Maintenance ...... 2,000.00 2,000.00 G. Material and Supplies . .. ..... ...... 3,000.00 3,000.00 Total ...................... ..... . ............... $ 14,000.00 $ 14,000.00 SUBTOTALS GROUP IV—HIGH- WAYS AND STREETS ..............$353,326.40 $354,526.40 GROUP V—LIBRARY Proposed 1948-49 1949-50 Appropriations Appropriations Item 143A—Library Fund and Misc. Library Revenue A. Salary Librarian .... ...... .. ............. $ 3,150.00 $ 3,465.00 A. Salary Reference Librarian ........ 2,457.00 2,702.76 A. Salary Cataloguer ........................ 2,249.16 Salary Juvenile Librarian .......... 2,110.56 2,474.04 2,155.20 A. A. Salary Circulation Head (Part 1,194.00 1,576.80 Time) .... ..... . ... ..... .. . ............... A. Salary School Librarian ........ .... 1,859.36 Salary Asst. of Circulation Head 1,959.36 1,380.00 2,155.20 A. A. Salaries General Assistants (3) 5,103-00 5,537.28 A. Salary Caretaker ....... I .. ..... ........ 2,236.56 3,819.00 2,520.00 4,479.72 A. Salary Extra Help ...................... 100.00 100.00150.00 B. Travel Expense ............................. 150.00 C. Office Expense ............................... 50.00 50.00 D. Printing ........... ............ ........... I ....... E. Books and Periodicals .............. I ... 9,000.00 2,500.00 7,272.00 2,500-005,479.00 F. Binding ............ . ....... ...... F-1 Building Repairs ................ 51322.00 2,30000 2,300-00 G. :Material and SLwldl ............. 2,8WOO 3,500-00 H. Heat, Light and ............ 500.00 335.00 I. Insurance ........ . . ......... $ 48,960.00 $ 50,132.00 Total.................. ............................... (Library Tax—$47,522.00; Library Tax Agricultural Land—$110.00; Misc. Library Revenue—$2,500.00) GROUP VI—PARK FUND Item 144A—Park Administration 273 60 $ $ 3,273.60 A. Salary Superintendent .... ... ...... 100�00 100.00 B. Travel ....................... .. . 250 ' 00 250.00 C. Office ................ •............ ... •....... 75.00 D. Printing and Advertising . ............ 15.00 75.00 15.00 J. Miscellaneous .. .......... .. . ... .... * *'. 275.00 275.00 J. Old Age Pension ........................... �.$ 3,988-60 $ 3,988.60 Total................................ I ............... Item 1448—Park Areas,Buildings, etc.), 2c000oo $ $ 21,00-00 9 A Wages of Laborers ..... ................ , 700' 00 700-00 C. Forestry .......................... . * ....... 1600.00 .... 3,500-00 2,000.00 E. Equipment ...... ............ .. **,* 2,00000 Maintenance .... ........... . * ......•....3:100.,00 4,000-00 F. G. Material and supplies .................. H. Heat, Light, Water and Tele- 2,400' 00 2,600-00 phone ........................ ..... ............... 700' 00 ..... . 700-00 128.40 I. Insurance ....... .. ........... .. .. J-1 Renovations and Replacements_ 95.40 J-2 Reserve for Deferred Main- 5,800.00 8,000.00 tenance .......... . ...... .. ... . ............. — .... $ 36,395.40 —_ $ 43,528.40 Total ................ ...... .... I .. ...... ..... SUBTOTALS GROUP VI—PARK $ 40,384 00 $ 47,517-00 FUND ................ .. . ... . . ... ... " * Revenues—$9,100.0 0) (Park Tax—$38,417.00' Misc. Park pOOL SWIMMINProG GROUP VII—PLAYGROUND AND posed 1948-49 A,ppropriations Appropriations 1949-50 Item 145A—Recreation Administration 3 049 20 $ $ 3,049.9 l"')00.00 .............. A. Salary Director ... ... 1:200.00 A. Saiar)' Office Help . - ... ... ...... 50.00 50.00 B. Travel ........ ........ . ..... - ""*''* .. .... 120-00 l2o.ou 360-00 C. office ... .. ... .............. ........ 360-00 F. Maintenance aintenance of Car ...................... 250-00 -no.00 G. Material and supplies ......... . . $ 5,029.20 . $ 20 Total...................... I., ... . .... ............ Its 14513—Outdoor Recreation M Directors, 00 Supervisors, � -,00 $ 3,, A. Salaries ........ .. . $ 3"'00 - .. ... ... 1,50 .00 etc.... ............. .... ... A. Wages of Laborers .... ..... .. . Special Session. Jifly 19tll, 1948 Y8 E. Equipment ......... ..................... ..__.. 750.00 . 500.00 750.00 1,000.00 F. Maintenance ............................ G. Material and Supplies ............... 500.00 1,000.00 H. Light ............................................ 500.00 250.00 500.00 250.00 I. Insurance Total ...............................................$ 6,760.00 $ 8,500.00 Item 145D Indoor Recreation $ 600.00 $ 2,000.00 A. Wages ................................... 26.00 25.00 C. Office ............................................. 30.00 E. Equipment ..................................... 300.00 F. Maintenance .......... I ....... ... I ............. 500.00 G. Material and Supplies ................ 400.00 500.00 400.00 H. Heat and Light ............................ 400.00 400.00 Totals ..............................................$ 2,225.00 $ 3,625.00 Item145E-Swimming Pool A. Salary Superintendent ..•.•.......•• $ 450.00 $ 800.00 A. Salaries Guards (4) .... 900.00 1,000.00 A. Salaries Attendants ...................... 1,300.00 1,800.00 F. Maintenance .................................. 450.00 G. Material and Supplies ................ 360.00 1,000.00 850.00 H. Light and Power ......................... 800.00• 229.00 300.00 229.00 I. Insurance ........................................ Total .................................................$ 3,979.00 $ 5,479.00 1%m 146 -Improvement and Care of Grounds F. Maintenance .................................$ 1,000.00 J. Improvement of Grounds ............ 5,383.80 $ 1,000.00 29,213.80 Total ..................................................$ 6,383.80 $ 30,213.80 SUBTOTALS GROUP VII -PLAY- GROUNDS AND SWIMMING 24,367.00 $ 52,847.00 POOL ................................................$ (Playgrounds and Swimming Pool Tax -$19,209.00; Swimming Pool Receipts -$4,500.00; Skating Receipts $250.00;Misc. Receipts -$75.00; Playground Improve- en GROUP VI11-MISCELLANEOUS Proposed 1948-49 1949-50 Appropriations Appropriations Item 147 -Planning and Zoning (Consolidated Fund) J. Miscellaneous ..................................$ 2,978.00 $ 4,300.00 Item 148E -Ambulance (Consolidated Fund) A. Salaries Drivers (2) ......................$ 5,628.20 $ 5,623.20 F. Maintenance ................................ 280.00 280.00 G. Material and Supplies .................350.00 350.00 I. Insurance ......................................... 225.00 225.00 Total ..................................................$ 6,478.20 $ 6,478.20 Item 148C -Other Miscellaneous (Consolidated Fund) J-1 Iowa League of Municipalities... $ 80.00 $ 80.00 J-2 Damages .......................................... 3,300.00 J-3 Printing Council Proceedings .... 2,700.00 3,300.00 2,700.00 J-5 State Examiners ........................ 2,000.00 500.00 2,000.00 500.00 J-6 Repairs to Town Clock ................ J-7 Misc: Unclassified ..................... 3,100.00 3,100.00 J-8 Workmen's Compensation In- surance 2,500.00 2,500.00 ............................ I............. J-9 Interest on Warrants ................. 125.00 125.00 Total ..................................................... $ 14,305.00 $ 14,305.00 SUBTOTALS GROUP VIII -MIS- CELLANEOUS ............................$ 23,661.20 $ 25,083.20 GROUP IX -MARKETS AND PUBLIC SCALES (Consolidated Fund) Item 152 -Market Master A. Salary Market Master ..................$ 2,257.20 F. Maintenance ................................. 20.00 G. Material and Supplies ................ 65.00 J. Miscellaneous ................................. 20.80 Total ................................................$ 2,363.00 SUBTOTALS GROUP 1X-MAR- IiETS AND PUBLIS SCALES .... $ 2,363.00 GROUP X -MUNICIPAL IMPROVEMENTS (Consolidated Fund) Item 160-CapitalImprovements J. Improvement Projects .................$ 32,000.00 $ 32,000.00 Item 161 -Bridge Construction J. Bridge and Viaduct Work ...........$ 27,813.00 $ 28,813.00 Item 162 -Assessments and Sewers J-1 City Share of Special Asses- ments ............ ................ $ 12,000.00 $ 12,000.00 J-2 Main Sewers and Inlets ............. 30,000.00 30,000.00 Total ...............................................$ 42,000.00 $ 42,000.00 SUBTOTALS GROUP X -MUNICI- PAL IMPROVEMENTS ... $101,813.00 $102,813.00 (Consolidate(l Fund --$101.813.00) Special Session, July 1901. 1148 3�9 EMERGENCY AND RESERVE Reserve in General Misc. Revenues. $ 106.30 $ 166.50 GROUP XI -PENSION FUNDS Proposed 1948-49 1949-50 kppropriations Appropriations Item 154 -Police Pensions J-1 Police Pensions ...........................$ 19,993.00 $ 25,026.00 J-2 Police Retirement System .......... 11,051.00 11,021.00 Total .................................................$ 31,044.00 $ 36,047.00 (Police Pension Tax -$24,626.00; Pay Deductions from Members -$400.00; Police Retirement Tax - $10,296.00; Interest on Bonds -$725.00) Item 155 -Fire Pensions J-1 Fire Pensions .................................$ 28,524.00 $ 50,009.00 J-2 Fire Retirement System .............. 15,019.00 15,003.00 Total ................................................$ 43,543.00 $ 65,012.00 (Fire Pension Tax -$49,559.00; Pay Deductions from Members -$450.00; Fire retirement Tax -$13,715.00; Interest on Bonds -$1,288.00) Item 156 -Employees Retirement Fund J. City's Share ..................................$ 6,008.00 $ 6,147.00 SUBTOTALS GROUP XI -PEN- SIONS ................................................$ 80,595.00 $107,206.00 GROUP XII -DEBT SERVICE Item 161J -1 -City Bonds and Interest A-1 Interest ,n Bonds ........................$ 4,763.00 $ 3,420.00 A-3 Sewer Bund Redemption 18,000.00 10,000.00 A-5 Funding Bond Redemption ...... 30,000.00 40,000.00 A-6 Reserve599.00 749.00 ............. Total ................................................$ 53,362.00 $ 54,169.00 (General Bond Fund -$54,169.00) Item 163J2 -Airport Bonds and Interest 428.00 $ 286.00 A-1 Interest on Airport Bonds ........$ A-2 Airport Bond Redemption .......... 19,000.00 19,000.00 Total .............................................$ 19,428.00 $ 19,285.00 (Airport Fund -$19,428.00) SUBTOTALS GROUP XII -DEBT $ 72 790.00 $ 73,454.00 SERVICE............................ GROUP XIII -DOCKS Proposed 1948-49 1949-50 Appropriations Appropriations Item 153A -Dock Operation 420.00 $ 420.00 A. Salary Engineer ...........................$ B. Travel ............................. 200.00 360.00 ............. 60.00 50.00 F. Maintenance ................................. 60.00 50.00 G. Material and Supplies . 600.00 625.00 I. Insurance J-1 Traffic Association Service 300.00 300.0 572 00 576.00 J-2 Improvements •• 1,000..00 1,000.00 J-3 Miscellaneous ............................... Total ..................................................$ 3,192.00 $ 3,320.00 Item 1538 -Dredge Operation 180.00 A. Salary Engineer $ 180.00 $ ......................... A. Salaries Operators ........................ 9,60;0.0000 5,408.00 A. Wages Laborers 5 1 ,200 500.00 2,000.00 2, F. Maintenance and Repairs ............ ,. 3,000.00 G. Material and Supplies .................. 000.00 4,000.00 H. Electric Power 4,500.00 625,00 I. Marine Insurance 700.00 I. Workmen's Compensation In- 900.00 800.00 surance......................................... 150.00150.00 J. Miscellaneous ................................ -- �- Total ................ .......... I ... ............ ..... $ 24,790.00 $ 25,823.00 Item 153C -River Front Improvement 500.00 $ 500.00 A. Wages .- .................$ 200.00 200.00 E. Trucking __ __. 1,000.00 1,000.00 E. Equipment 100.00 200.00 E. Tools .. ..... .. 500.06 800.00 ............... G. Material and Supplies ................. --__ 2,700.00 Total843-00 $ 2,300.00 $ ..................................... ........... SUBTOTALS Tax-$19,209.00; IMiscc..ODoIck Revenues -$12634 00) 320 Special Session, July 101. i ' l I.S GROUP XIV—AIRPORT DISBURSEMENTS Proposed 1948-49 1949-50 Appropriations Appropriations Item 157—Airport Fund F. Maintenance .................................$ 15,000.00 $ 15,000.00 I. Insurance ....................................... 1,500.00 11500.00 J. Airport Development .................... 96,156.00 40,688.00 Sub -Total Group XIV—Airport.$112,656.00 $ b 7,188.00 ev- (Airport Tax—$37,188.00; Airport Balance and Rev- enues—$20,000.00) enues—$20,000.00) GROUP XV—PARKING METERS AND PARKING LOTS 2,402.40 item 170A—Parking Meters Salary Clerk ..- ............................. A. Wages ............... _ ..................$ 2,500.00 $ 3,000.00 E. Equipment ................................... 11,000.00 12,000.00 F. Maintenance ................................... 6,000.00 2,000.00 Total ................................................$ 19,500.00 $ 17,000.00 (Parking Meter- Fund—$17,000.00) 3,000.00 Item 170B—Parking Lots Salary City Auditor (25%) .......... J. Parking Lots ................................$ 38,300.00 $104,500.00 (Parking Meter Fund—$88,000.00; Parking Lot Fund —$16,500.00) 917.40 SUBTOTAL—GROUP XV—PARK- B. ING METERS AND PARKING 125.00 LOTS ..............................................$ 57,800.00 $121,500.00 GROUP XVI—WATER WORKS 1,500.00 1,500.00 Proposed 1948-49 1949-50 Appropriations Appropriations Estimated Balance on Handy April 1, Equipment ..................................... 1948 ............. .....................................$140,000.00 $100,000.00 Estimated Meter Sales ........................ 180,000.00 210,000.00 Estimated Flat Rate Sales ................ 750.00 750.00 Estimated Fire Protection Service.... 2,500.00 2,500.00 Estimated Non -Operation Service.... 2,500.00 2,500.00 Estimated Sales Tax Collections .... 3,615.00 4,215.00 Total ..................................................$329,365.00 $319,965.00 Total ............................................... $300,867.30 $290,867.30 DISBURSEMENTS Item 149A—Administration A. Salary Superintendent and Cashier ...................... ...............$ 5,082.00 $ 5,082.00 A. Salary Accountant ...................... 3,141.60 3,141.60 A. Salary Stenographer and Clerk.. 2,402.40 2,402.40 A. Salary Clerk ..- ............................. 2,270.40 2,270.40 A. Salary Clerk ................ .............. 1,920.00 1,920.00 A. Salary City Manager (25%) ..... 3,000.00 3,000.00 A. Salary City Auditor (25%) .......... 933.90 933.90 A. Salary City Treasurer ;26%) •••. 917.40 917.40 B. Travel ......................................... 125.00 125.00 C. Office Expense and Postage .. 1,500.00 1,500.00 D. Printing and Advertising .. 400.00 400.00 E. Equipment ..................................... 1,150.00 1,150.00 F. Maintenance .................................. 300.00 300.00 G. Material and Supplies ................. 500.00 500.00 I. Insurance ...................... .............. 75.00 75.00 J-1 Miscellaneous ............................... 340.00 340.00 J-2 State Sales Tax ............................ 3,615.00 4,215.00 $ 27,672.70 $ 28,272.70 Item 1498—Water Operation A.....Salary Field Engineer $...3,828.00....$..3,828.00 A.....Salary Plant Chief Engineer ....13,484.80........3,484.80 A.....Sataries Plant Engineers (6) .... 17,899.20........17,899.20 A ..... Wages Extra Station Labor 5,000.00........ 5,000.00 A.....Salary Meter Service Man .... 2,653.20 ......... 2,653.20 A. SalaryMeter Repair Man 3,062.40 ........ 3,062.40 A. SalarMeterReader 2,362.80 .........2,362.80 A.....Salary Meter Inspector 2,508.00 2,508-00 A.....Salar Y Asst. Meter Repairer 2,732.40 2,732.40 A.....Salary General Foreman ....3,616.80.,...:x.3,616.80 A.... Salary Asst. Foreman (2) ....15,623.20:..'. ... - 5,623.20 A., Wages Laborers. 15,000.00 15,000-00 E. Equipment .y .. 10,000.00 10,000.00 F. Mainten4nee................................ 12,000.00 12,000.00 G. Material and Supplies ................. 2,000.00 2,000.00 I1. Heat, Light aYld Power ............. 45,000.00 45,000.00 I. Insurance ............ 5,500.00 5,500:00 J-1 Water Main Material ................. 25,000.00 25,000.00 J-2 Other Betterments ....................... 129,096.50 119,096.50 J-3 Store Reserve ............................. 3,000.00 3,000.00 J-4 Miscellaneous ............................... 1,500.00 1,500.00 Total ............................................... $300,867.30 $290,867.30 Special Session, July 19th, 1948 321 GRAND TOTAL WATER WORKS APPROPRIATIONS ......................$828,540.00 $319,140.00 NON -APPROPRIATIONS RE- SERVE ...........................................$ 825.00 $ 825.00 SUBTOTAL GROUP XVI—WATER WORKS ....................... .................$329,365.00 $319,965.00 RECAPITULATION OF TOTAL APPROPRIATIONS AND RESERVES (a) City Operation, Group I to IX, Inclusive .......................... $1,045,319.70 $1,085,211.50 (b) Municipal Improvements, Group X .................................. 101,813.00 102,813.00 (c) Reserve in General Misc. Revenues ................................. 165.30 166.50 (d) Pensions Group XI ............ 80,595.00 107,206.00 (e) Debt Service, Group CII ...... 72,790.00 78,454.00 (f) Docks, Group XIII ................ 30,282.00 31,843.00 (g) Airport, Group XIV ............ 112,656.00 57,188.00 (h) Parking Meters and Lots, Group XV ................................. 57,800.00 121,500.00 (i) Water Works, Group XVI.... 328,540.00 319,140.00 (j) Water Works Reserve ........ 825.00 825.00 $1,830,786.00 $1,899,347.00 RECAPITULATION OF REVENUES Tax Revenues ............................... $ 888,206.00 $ 998,460.00 Misc. Revenues and Estimated Balances ................................... 613,215.00 580,922.00 Water Works Revenues and Es- timated Balances .................. 329,365.00 319,965.00 $1,830,786.00 $1,899,347.00 Councilman Wharton moved that the City Solicitor be requested to prepare the necessary forms and proceedings for the graveling and oiling of streets. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. J. J. SHEA City Clerk, Approved �avonA.6►r..3.. 949. AdoptedUhk '.7%4949. d41Z sic. I Councilmen J , „... F Attest: ...... .... . Ity Clerk. IVV5�;wIF1� Kegular Session, August 2nd, 194.8 City Council (Official) Regular Session, August 2nd, 1948. Council met at 7:30 P.M. Present - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, City Manager Rhomberg. yayor Van Duelman stated that this is the regular monthly meet- ing of the City Council for the purpose of acting upon such busi- ness as may properly come be- fore the meeting. 323 Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the Budget Esti- mate of Expenditures for the year beginning April 1, 1949, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas - M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. BUDGET ESTIMATE AND RECORD OF FILING City Estimate NO'ilt'F -The City Council of Dubuque of Dubuque County, Iowa, will meet August 2, 1948, at 7:30 P.M., at the City Hall, Dubuque. Tacpaver,a wil, be heard for or against `he following estimate of ex- penditures for the year beginning April 1, 1949. ticipat d fwilll b$t aatement of vailable at thephearn g disbursements, both J.pSHEA ast d an - 7 -21-1t City Clerk ] 2 3 4 1 5 1 6 yH , 55,X9 Expenditures for Year V, J P .:s M 9 V, -J 9Npm q,��N 'CON 'y ✓ �? �'O J'y...p Nrt.. m P0_ 6 N 0 t N M&aQ Gm rRZP �y enK �r FUNDS a ,», m �1 CDo O, to ti y c �M om oy G no a ' v p 'a General 386,120 $ 402,458 $ 395,366 ......................$ Grading ....................... 9,843 40,881 23,969 8,000 12,000 LL Improvement......... Snow Removal ............ 15.675 17,083 14,000 '28,813 v City Bridge .... ............ 34,106 2,412 105,570 40,000 a Sewer .......................... :2 Main Sewer ............... 33,070 33,178 21,500 48,000 e Garbage Disposal ........ 33,918 36,467 44,108 36,844 40,500 0 Light ..................... o U Totai Consolidated ....$ 590,080 $ -- 665,612 $ 598,179 $ 419,966 .......... $ 204,400 $393,779 100,000 219,966 ............ Water Works ... ............ Fire Maintenance .......... 269,257 158,706 291,488 166,326 191,396 ............ 18,617 48,000 172,879 14,407 Fire Equipment .............. 4,229 43,201 25,608 43,3404 62,407 50110 22 ........... 2,600 47,622 110 Library .... ..................... Library (Agri. Land) ...... 94 19,798 121,600 61,600 60,000 ..398: 17 38,417 Parking Meter and Lots Park ....I....... 22,525 25,533 47,517 8,300 800 3,844 8,790 19,290 ... .......... ................ Dock 28,782 27,805 31,843 .... ........................... Dock Bd ....... ............... Playground 27,895 5,200 - • •13 28,813 ........... •..... ""' ........... .......... . 4'450 813 28,209 Improvement Swimming Pool 27,949 7" 23,706 64,034 60,009 ............ 49825 ,559 Firemen's Pension ... 23,501 1,038 30,579 931 003 ............ 1,288 400 13,716 24,626 Firemen's Retirement ... Policemen's Pension 16,479 19,138 55;026 11,021 ........... 726 .•.......... 10,296 6, 147 Policemen's Retirement.. 2,448 2,346 ••,.,,,..... 38,417 Employee's Retirement .. 23,644 38;417 ........... ............ 10,603 Emergency ..................... Assessment .... .............. 44,643 1.0,603 66,000 ............ 66,000 ............ 0 64,169 Liquor Sales General Bonds 63,711 62,764 04,]69 45 .......... .473 15000 00 6 Airport Levies .............. 21,662 34284 1.75,000 100 00o 75,000 110 Street Const. (leas Tax).. Road (Agri. Land) .•••• 101 114 110 ""'"" $668, 660 $998,460 ......... TOTALS $1,291,658 $1,542,972 $2,003,764 value, $2669844 $37,083,732 Estimated Taxes per $1,000.00 of assessed .....• .. $11,017,630 Taxable valuation (1947) " " $ 625.262 Moneys and credits (1947). 5 mills .. Moneys and credits (1947), 1 mill ...................... 0 Regular Se>;ion, .-august 2nd, 1948 3_4 RESOLUTION NO.175-48 RESOLUTION NO.176-48 The Council of the A resolution establishing the tax Whereas, City of Dubuque, caused to be pre- levies for the year 1948 year taxeshe pared and published• as provided to be collected in the 1949 law. the Budget Estimate of and used for municipal purposes of by for the fiscal year be. the City of Dubuque. Expenditures ginning April 1. 1949 and ending Be It Resolved by the City Coun- March 31. 1950 and the hearing up- cil of Dubuque that there be and on said Budget Estimate was fixed there is hereby levied the taxes Ur the 22nd day of August for municipal purposes for the en. lf.4j at ; :30 P.�f. at the Council suing year 1949 of the following Chamber in the City Hall: and number of mills on the dollar of Whereas. This being the time all taxable property within the cor- and place for said hearing. said porate limits of said city. Budget Estimate was taken up for 10.250 mills for Consolidated Tax final consideration by the Council as provided by Section 404.11 of the and all parties in interest have Code of Iowa. 1946, as amended. been given the opportunity to be heard for or against said Budget 4.5')0 mills for Fire Maintenance Tax. Estimate. I 0.3 7 5 mills for Fire Equipment It is Therefore Resolved by the Tax. City Council of the City of I 1.237 mills for Library Tax. Dubuque. Iowa: 1.000 mills for Park Tax. That the Budget Estimate of 0.500 mills for Playground and Expenditures for the fiscal year be- i Swimming Pool Tax. ginning April 1, 1949 and ending . 0•75o mills for Piayground im- March 31. 1950 heretofore prepared i provertent Tax. ard published be and the same is hereby finally approved and adopt- 0.641 mills for Poiice Pens;ur ed and the Mayor and Clerk are Tax. directedto certify the same to 1.290 miils for Fire Pension Tax. the County Auditor of Dubuque 0_26c mills for Police Retirement County, Iowa. together with the Tax. verified proof of publication and 0.357 mills for Fire Retirement the notice of hearing upon said Tax. Budget Estimate. 0.160 mills for Employees Reti-e- Be It Further Resolved. That meat Tax. the taxes required to be collected 1.416 Mills for General Bond Tax in the year 1949 be and the same (1.500 mills for Dock Fund Tai. are hereby levied in the various funds in the amounts in said Budg- 1.470 mils for Airpo-t Tax. et Estimate. 0.276 mills for C'ty Assessment Passed. adop:ad and approved Tax- ,._ 2mdsv .,f August. 1945. 1.'?{?tI mil:s for Emergercy Tax. FR _NK V_A_ DLELM-A- Be It Further Resolved that the Mayor. 2.4:, mi:ls on the dollar is hereby F. W. THOMP30X � levied upon all lots or parcels of GEO. R. MURPHY :and contain`.ng ten acres or ==' ALBERT WHAPTO\ I which are occupied in good faith R- W. MOFFATT and used for agricultural or h,—rti• -.- cultural purposes. .; C:- :-_ Be It Further Reso:,:--' - and Clerk be..-- - directed to certify the a.'.:: : :. :_ :-< : - -. .. =gid tax :- onded -. ried vn - Teas an Duelman. aicp C our - . att. Murphy. 2nd da - - - Thc:-.; -.. Auditor, c' before A. -:Z-1 - . - Regular Session, Atl2ust 211d. I948 Passed, adopted and approved this 2nd day of August–1948. 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Couniclman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. 325 Proof of publication, certified to by the Publisners, of notice of pub- lic hearing upon the proposed An- nual Budget prepared by the City Manager of the City of Dubuque, Iowa, for the fiscal year 1949.1950, Presented and read. No written ob. jections filed and no objectors pres- ent in the Council Chamber at the time set for said hearing. Council- man Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Thomp. son. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MANAGER OF THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1949-1950. Notice is hereby given that the City Manager of the City of Dubuque has preparee a budget on the basis of estimates of the expenses of the various de- partments of said City for the fiscal year beginning April 1, 1949, and ending March 31. 1950. Such depart- mental estimates show expenses of each department for the preceding year, and the purpose for which the cc.nsolidated tax levy, authorized by Section 404.11 of the Code of Iowa, 1946, as amended, is to be used, and In addition thereto, the purpose for which all other tax levies are to be used, including the revenues from mis- cellaneous sources. The levy of a consolidated tax has Iteretotore been determined by said Council and in- corporated in a resolution for such purpose. The budget will be considered for final adoption by the City Coun- cil at a special meeting to be held in the Council Cham- ber at the City Hall on the 2nd day of August, 1948, at 7:30 o'clock P.M. Any interested party objecting thereto or protesting to the same, or to any item thereof or any emission therefrom, shall present his objections to said Council on or before that date. Thi:: notice is given pursuant to the direction of the Code of Iowa. J. J. SHEA, 7-21-1t City Clerk ANALYSIS OF TAX LEVIES TO BE MADE IN AUGUST 1948, FOR THE FISCAL YEAR 1949-50 ESTIMATED ASSESSED VALUATION—$38,417,477 SOURCES OF REVENUE FOR 1949.50 FISCAL OPERATION A.—From Taxes Levy in —Fund Mills Tax Consolidated ..10.250 $393,779.00 ..................... . I'ire Maintenance 4.500 172,879.0 Ftre Equipment ............................................ 0.375 14,407.00 Library ..................... 1.237 47,522.00 .................................... 1.000 38,417.00 F a r 1. ................................................................ 209.00 00 Playground and Swimming Pool ............... 0:75028-813.00 Playground Improvement49,559-00 Fire Pension ..... 1.357 290 13.715.00 ............................................... Fire retirement 0' 64 Police Pension ............................................... 0.641 24,69G.i00 0.2G8 16 Police retirement ......................................... 0.160 6,147.00 Fmploges retirement ........... .... ................ 1.000 417.00 Emergency........................................................ 0.500 19,209.00 Dock -................................................................. 169.00 1.41 Generai Bonds ............................................... 1.470 5fi 473.00 Airport............................................................. 0.276 10,603.00 City Assessment ........................................... _ 25.984 $998,240.00 Itoad Tax on Agricultural Lands (Consolidated 110.00 Fund)........................... L,1;rr.ry Tax on Agricultural Lands (Library 110.00 $998,460.00 En 326 Regular Session. _august 211(1. 1948 B.—From Miscellaneous Sources General Miscl. Estimated Unencumbered Balance April 1, 1949.$ Revenues Business Licenses........................................................$ 4,500.00 DogLicenses............................................................. Euildinr, Permits ..... ... ...__......-.................................. 500.00 3,500.00 Piulnbing Permits .................................................... 2,750.00 Ellt.,!trical Permits ...................................................... Polico Court Fines and Costs .................................. 2,750.00 30,000.00 BeerPermits ................. ........................................... 35,000.00 Cigarette Permits .................................................. 25,000.00 Street and Garage Receipts ...................................... 3,000.00 r!eting Prisoners..................................................... Miscellaneous Rents ................................................. 500.00 755.00 Miscellaneous Sales ................................................. 250.00 Atnbulance Receipts .................................................. 4,600.00 He:dth Dept. Receipts .............................................. 500.00 Bi,,ycle Registration ................................................ 700.00 1,000.00 Sale of Real Property�................................................ 2,295.00 State Highway Maintenance .................................... 460.00 Total....................................................................$117, 500.00 AIRPORT FUND 1,288.00 Estimated Unencumbered Balance April 1, 1949..$ 15,000.00 Airport Returns ....................................................... 51000.00 Total......................................................................$ 20,000.00 FIRE MAINTENANCE FUND Duck House Lease .................................................. Outside Fire Protection ...........................................$ 11000.00 FIRE EQUIPMENT FUND Whitrfage Fees.......................................................... P:stimated Unencumbered Balance April 1, 1949..$ 48,000.00 LIBRARY FUND Total......................................................................... Book Rentals and Fines ...........................................$ 2,500.00 PARKING LOT FUND Receipts from Gas Tax ..... ..................................... F.winated Unencumbered Balance April 1, 1949..$ 16,500.00 PARKING METER FUND LIQUOR SALES FUND Estimated City Share ................................................$ Estimated Unencumbered Balance April 1, 1949..$ 45,000.00 Llet«r Collections....................................................... 60,000.00 Totat.........................................................................$105,000.00 PARK FUND Estimated Unencumbered Balance April 1, 1949.$ 8,300.00 Concessions................................................................. 500.00 Miscehaneous Collections .......................................... 500.00 Total... ......... ...... ..._........... .... ......................... $ 9,100.00 PLAYGROUNDS AND SWIMMING POOL Swimming Pool Receipts ..........................................$ 3,600.06 Sl,atizig Receipts........................................................ 250.00 Miacelianeous Receipts ........................................... 75.00 Tctal......................................................................$ 4,825.00 POLICE PENSION FUND 1% Salary Deduction from Members ......................$ 400.00 POLICE RETIREMENT FUND Inenme from Bond Interest .....................................$ 725.00 FIRE PENSION FUND 17, Salary Deduction from Members ....................$ 460.00 FIRE RETIREMENT FUND Inr:,me from Bond Interest ......................................$ 1,288.00 DOCK FUND Estimated Unencumbered Balance April 1, 1949..$ 3,844.00 0E Terminal Lease ..................................................... 2,100.00 Virginia -Carolina Lease ............................................ 2,100.00 Duck House Lease .................................................. 1,890.00 HarborLease............................................................... 1,000.00 Whitrfage Fees.......................................................... 1,400.00 Miscellaneous Receipts ............................................. 300.00 Total......................................................................... $ 12,634.00 STREET CONSTRUCTION FUND Estimated Unencumbered Balnnce April 1, 1949..$100,000.00 Receipts from Gas Tax ..... ..................................... 75,000.00 Total.................................... ............................... $175,000.00 LIQUOR SALES FUND Estimated City Share ................................................$ 66,000.00 Total Estimated Misc. Revenues and Upencum- bered Balance .................. Total Estimated Receipts $580,922.00 from Taxes 998,00.00 TOTAL ESTIMATED CITY REVENUE ........$1,579.382.00 WATER WORKS DIVISION Estimated UnencumberefdSBalance 6) Estimated Water Revenue ....................... ...................................... $100,000.00 219,965.00 Total........................................................................$319,965.00 Regular Session, August and, 1948 3�7 ESTIMATED GRAND TOTAL CITY AND R ATER WORKS DIVISION REVENUES $1,899,$47.00 DETAILED DISTRIBUTION OF PROPOSED EX- PENDITURES FOR FISCAL YEAR 1949-50 GROUP I -GENERAL ADMINISTRATION (Consolidated Fund) Item 101 -City Council Proposed 1948-49 1949-50 kppropriations Appropriations A. Salaries ............................................$ 11500.00 $ 1,600.00 }t. Travel .............................................. 175.00 175.00 J. Miscellaneous ................................ 25.00 25.00 Total .................................................$ 1,700.00 $ 1,700.00 Item 102 -City Manager's Office A Salary City Manager ...............*$ 9,000.00 *$ 9,000.00 A. Salary Secretary ......................... 3,115.20 3,116.20 A. Salary Stenographer ................. 2,204.40 2,204.40 B Travel .............................................. 250.00 250.00 C Office ............................................. 125.00 125.00 D Printing ......................................... 75.00 75.00 F Maintenance .................................. 200.00 200.00 G. Material and Supplies .................. 325.00 325.Ob Total ..............................................$ 15,294.00 $ 16,294.60 Item 103 -City Clerk's Office A. Salary City Clerk ....... .................$ 3,801.60 $ 3,801.60 A Salary Extra Help ...................... 150.00 150.00 C. Material and Supplies ................ 75.00 75.00 Total ............................................... $ 4,026.60 $ 4,026.60 Item 104 -City Auditor's Office A. Salary City Auditor ............ *$ 2 801.70 *$ 2,801.70 F. Maintenance ................ ................ G Material and Supplies ................. 50.00 200.00 50.00 200.00 Total ................................ ..............$ 3,051.70 $ 3,051.70 Item 105 -City Treasurer's Office A. Salary City Treasurer ...............*$ 2,752.20 *$ 2,752.20 25.00 D Printing and Advertising ............ 25.00 26.00 26.00 F Maintenance ................................ G Material and Supplies ................. 160.00 150.00 I Surety Bond ................................. 100.00 100.00 Total ..................................................$ 3,052.20 $ 3,052.20 City ternDept.)City Auditor, (Note: andTreasurer are paid by Wa p Item 106 -City Solicitor's Office A. Salary City Solicitor (part time)$ 5,742.00 $ 5,742.00 B Travel ............................................. 40.00 40.00 40.00 40.00 C. Office ............................................... G. Material and Supplies ................ 85.00 85.00 Total ............................. .................$ 5,907.00 $ 5,907.00 Item 108 -City Assessing 10,272.00 $ 10,603.00 J. City's Share ..................................$ 00p i fromCityAssessment�ment Fund as pro- vided byS 4 item 109 -Civil Engineer's Office $ 3,960.00 $ 3960.00 A. Salary Engineer ........ I. ..... ..... 3,300.00 3,,300.00 A. Salary Assistant ........ ............... 8,400.00 8,400.00 A. Salaries Rodmen ........... ............ 00 100.00 C. Office .............................................. 200100.00 200.00 ....... E. Equipment .......................... .. 600.00 600.00 F. Maintenance ............. 600.00 500.00 G. Material and Supplies ................. 16,960.00 $ 16,960.00 Total ................................................$ Item 113 -City Elections 500. 00 $ 500.00 A. Salaries Clerks, etc .......................$ 00 450.0050.00 400.00 G. Material and Supplies ................. J. Rents ................................................ _- $ 950.00 _-- - $ 950.00 Totals ..................... I ........ ...... ..... Item 114 -City Buildings 4,500.00 4,000.00 $ 4,500.00 A. Salaries Janitors ...... .................$ 1,000.00 E Equipment • ..............* .................. . F. Maintenance and Repairs .......... 1,000.00 2,500.00 1,000.00 G. Material and Supplies ................. 1 800.00 1,800.00 H Heat and Light .............................. $ 10,800.00 10,800.00 Total ........................... ............... Item 115 -Police Court$ 2 257,20 $ 2,257.20 15.00 A. Salary Police Judge ...............•• • 15.00 G. Material and Supplies ................. 2,272.2O 2,272.20 $ Total.......................... 1.....................$ 328 Regular Session, All-USt 2nd, 1948 Item 116 -Civil Service Commission $135,824.20 (Consolidated Tax -$48,924.20; Emergency G. Material and Supplies ......... ......$ 100.00 $ 100.00 J. Miscellaneous ............................... 100.00 100.00 .... A. Salaries Captains (5) .................... Total .................................................$ 200.00 $ 200.00. SUBTOTALS GROUP I -GENERAL ................ A. Salaries Firemen (after 3 yrs.) 11,616.00 ADMINISTRATION .................... $ 74,486.30 $ 74,817.30 (Consolidated Fund -$64,214.30; City Assessment Fund - $30,603.00) B. Travel.... ...... "' """"""' 7,207.20 7,207.20 GROUP II -PROTECTION OF LIFE AND PROPERTY 50.00 Item 118 -Police Department (Consolidated Fund) 650.00 35.00 650.00 35.00 F-1 Maintenance " F-2 Repairs to Buildings 3,750.00 Proposed ... •............. G. Material and Supplies .................. 1948-49 3,000.00 2,700.00 1949-50 3,000.00 Appropriations Appropriations A. Salary Chief of Police ................$ 4,092.00 $ 4,092.00 A. Salary Senior Captain ................. 3,326.40 3,326.40 A Salaries Captains (2) .................... 6,124.80 6,124.80 A. Salaries Desk Sergeants (3) ...... 9,068.40 9,068.40 A. Salaries Detectives (4) ........... 11,932.80 11,932.80 A. Salaries Motorcyclists (2) .......... 5,808.00 5,808.00 A. Salaries Patrolmen (after 3 $ 2,824.80 ....... ............ C. Office 2,100.00 yrs.) (24) .................................... 67,478.40 67,478.40 A Salaries Patrolmen (before 3 150.00 150.00 A yrs.) (2) ..................... ............... Salaries Patrolmen (during 5,306.40 5,806.40 200.00 let yr.) (3) .............................. '.,207.20 7,207.20 A. Salaries Matrons (2) .................... 4,804.80 4,804.80 A Salaries Special Officers .............. 100.00 100.00 B. Travel .............................................. 50.00 50.00 C D.....Printing Office .............................................. ......................................... 275.00 150.00 275.00 150.00 E. Equipment ..................................... 3,500.00 31500.00 F. G. Maintenance ................................... Material and Supplies ................. 2,800.00 2,000.00 2,800.00 2,000.00 J-1 J-2 Feeding Prisoners ........................ Miscellaneous 1,500.00 1,500.00 (Injuries) ............ 300.00 300.00 Total ................................................$135,824.20 $135,824.20 (Consolidated Tax -$48,924.20; Emergency Fund Transfer -$20,900.00; Liquor Sales Fund -$66,000.00) Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief .........................$ A. Salaries Senior Captains (2) 4,092.00 6,652.80 $ 4,092.00 .... A. Salaries Captains (5) .................... 15,312.00 6,652.80 15,812.00 A. Salaries Lieutenants (7) ............. A. Salaries Engineers (4) 20,328.00 20,328.00 ................ A. Salaries Firemen (after 3 yrs.) 11,616.00 11,616.00 (33) ................................. A. Salaries Firemen (during 8 yrs.) 92,782.80 92,782.80 a A. Sa )ries Firemen (during 'st yr,) 18'672.40 18,572.40 B. Travel.... ...... "' """"""' 7,207.20 7,207.20 .............................. C. Office 50.00 50.00 ............................................... D. Printing ...............I....•...... " 650.00 35.00 650.00 35.00 F-1 Maintenance " F-2 Repairs to Buildings 3,750.00 3,750.00 ... •............. G. Material and Supplies .................. 3,000.00 2,700.00 3,000.00 2,700.00 H. Heat and Light ............................ I. Insurance 3,000.00 3,000.00 ......I ...................................400.00 J-1 Miscellaneous (Injuries) ..•.......... 900.00 400.00 900.00 J-2Interest on Warrants ................. J-3 Reserve for Emergency 60.00 60.00 .............. 300.00 287.80 Total ..............................................$191,408.20 $191,396.00 (Fire Maintenance Tax -$172,879.00; Misc. Revenue -$1,000.00; Mmergency Balance and fer -$17,517.00) Fund Trans- Item 119B -Fire Equipment Fund E. Equipment ...... I ..................... $ 63,906.00 (Fire Equipment Tax --$14,407.00; Unencumbered Balance -$48,000.00) $ 62,407.00 Item 120 -Fire and Police Alarm (Consolidated A. Salary City Electrician Fund) .............$ A. Salary Extra Help 2,824.80 $ 2,824.80 ....... ............ C. Office 2,100.00 2,100.00 .................................... E. Equipment 100.00 100.00 ............. I.. ..... I.. ......... F. Maintenance 150.00 150.00 .... ........................ G. Material and Supplies 150,00 160.00 .. ............. H. Heat, Light and Power 200.00 200.00 .... 100.00 100.00 Total ................... ......... .......$ Item 121 -Building Commissioner's 5,624.80 $ 5,624.80 Office Salary (Build A. ng Cdated ommissioner.... $ C. Office ............................. 3,600.00 $ 3,600.00 F. Maintenance """" 25.00 25.00 G. Material and Suppjies ......•...•....... 100.00 100.00 Total ...................................................$ 3,875.00 $ 3,875.00 R,. Lilar .session, Augast 2nd, 1948 (Consolidated Fund) itemInspector's Office Proposed 1948-49 1949-50 (Consolidated Fund) Item 125 -Health Department A. Salary Director (Part Time) ......$ 2,666.40 $ 2,666.40 A. Salary Plumbing Inspector ........$ 3,326.40 $ 3,326.40 .............................................. C. Office25.00 A. Salaries Nurses (4) ...................... A. Extra Help ................................ 1,742.40 25.00 D. Printing ........................................ 15.00 15.00 G. Material and Supplies ................. 50.00 60.00 J, Plumbing Board ............................ 180.00 180.00 Total .............................................$ 3,596.40 $ 3,596.40 item 123-ElectricalInspector's Office J. Control of Contagious Diseases ... .$ Item 127 -Sewer Maintenance $ 17,500.00 (Co A. Wages .............................................. 700.00 700.00 A. Salary Electrical Inspector ....... $ 3,326.40 $ 3,326.40 C. Office ............................ .................. 25.00 25.00 D. Printing .......................................... 15.00 175.00 15.00 175.00 F. Maintenance .................................. G. Material and Supplies ................. 100.00 100.00 Total ..................................................$ 3,641.40 $ 3,641.40 Item 124 -Dog Pound (Consolidated Fund) Item 129 -Milk Inspection 3,220.80 J. Enforceme PROTEC $ 150.00 $ 160.00 UTOTALSe GROUPO11, SUBTOTALS 160.00 E. Equipment ..................................... G. Material. and Supplies ............... 100.0 TION OF LIFE AND PROPE RTY. $408,026.00 $406,514.80 6,252.80 GROUP 111 -HEALTH AND SANITATION (Consolidated Fund) Proposed 1948-49 1949-50 Appropriations Appropriations Item 125 -Health Department A. Salary Director (Part Time) ......$ 2,666.40 $ 2,666.40 A. Salary Sanitary Inspector .......... 2,323.20 Salary -Clerk and Registrar ........ 2,151.60 2,323.20 2,151.60 A. A. Salary Restaurant Inspector ...... 1,920.00 10,289.40 1,920.00 10,289.40 A. Salaries Nurses (4) ...................... A. Extra Help ................................ 1,742.40 1,742.40 B. Travel ............................................ 50.00 150.00 50.00 150.00 C. Office ................................................ .................................. ........ D. Printing50.00 50.00 50.00 50.00 E. Equipment ...................... ........ 600.00 900.00 F. Maintenance ................................... G. Material and Supplies .................. 300.00 900.00 400.00 J-1 Laboratory Expense .................... 400.00 Total....$ 22,693.00 $ 23,593.00 ............................................. Item 126 -Control of Contagious Diseases 1,200.00 $ 1, 200.00 J. Control of Contagious Diseases ... .$ Item 127 -Sewer Maintenance $ 17,500.00 $ 17,500.00 A. Wages .............................................. 700.00 700.00 E. Equipment ..................... ............. 1,200.00 1.200.0 F. Maintenance .... ............................. G. Material and Supplies .................. 600.00 1,500.00 600.00 1,500.00 H. Power for Sewer Pumps ............ 21,500.00 $ 21,500.00 Total ...............................................$ Item 128 -Garbage Disposal J. Contract for Garbage Collection 18,000.00 $ 24,000.00 and Disposal ................. .. Item 129 -Milk Inspection 3,220.80 $ 3,220.80 A. Salary Milk Inspector .... ....... ....$ 77 00 2'160.00 A. Salary Assistant .........................• 160.00 E. Equipment ..................................... G. Material. and Supplies ............... 100.0 100.00 6,252.80 $ 3,480.80 Total .................................................$ SUBTOTALS GROUP III-HEALT $ G9,G45.8U $ 73,773.80 AND SANITATION ............ GROUP IV -HIGHWAYS AND STREET roposed 1948-49 1949-50 Appropriations Appropriations Item 131 -Highways Administration $( 3,32640a$d332640 A. Salary Timekeeper .................... 100.00 100.00 160.00 A. Maintenance ................................... G. Material and Supplies ................. 150•UO -- $ 3,576.40 $ 3.576.40 .................................. Total••••• """' Item 132 -Street Repairing and Grading (Consolidated Fund) $ 27,600.00 27,500.00 $ 6,000.00 A. Wages Laborers .... ........... 6000.00 5,000.00 E. Equipment ....................................• 5 000.00 F. Maintenance ................................... 13,000.00 13,000.00 G. Material and Supplies ................. 5,000.008,000.00 J. Grading..........................................- 66,500.00 $ 69,500.00 Total..................................................$ Item 135 -Street Construction Fund $180,000.00 $175,000.00 J. Street Construction ..................... 329 Regular Session, August 2nd, 1948 330 Item 133 -City Garage (Consolidated Fund) A. Salaries Mechanics ......................$ 10,000.00 $ 10,000.00 C. Office ............................................... 75.00 600.00 76.00 600.00 E. Equipment .................................... F. Maintenance ................................ 400.00 400.00 G. Material and Supplies ................. 2,825.00 2,325.00 H. Heat, Light and Power ............ 2,000.00 2,000.00 I. Insurance ........................................ 50.00 50.00 Total ..................................................$ 15,350.00 $ 15,350.00 Item 134 -Ash and Can Collections (Consolidated Fund) A. Wages Drivers and Laborers ....$ 19,000.00 $ 20,000.00 F. Maintenance ................................... 1,400.00 11400.00 G. Material and Supplies ................ 500.00 1,200.00 Total .................................................$ 20,900.00 $ 22,600.00 item 138 -Street and Traffic Signal Lighting (Consolidated Fund) H. Street Lighting and Traffic Sig- nals .............................................$ 40,500.00 $ 40,500.00 Item 140 -Street Cleaning (Consolidated Fund) A. Wages, Drivers and Laborers ....$ 15,000.00 $ 16,000.00 E. Equipment ....................................... 500.00 1,000.00 F. Maintenance ................................ 3,500.00 8,500.00 G. Material and Supplies ................ 3,500.00 3,500.00 Total .................................................$ 22,500.00 $ 24,000.00 Item 141 -Snow Removal (Consolidated Fund) A. Labor ...........................................$ 8,000.00 $ 8,000.00 E. Equipment ...................................... 1,000.00 1,000.00 F. Maintenance ................................. 2,000.00 2,000.00 G. Material and Supplies ................. 3,000.00 8,000.00 Total ................................................$ 14,000.00 $ 14,000.00 SUBTOTALS GROUP IV -HIGH- WAYS AND STREETS ..............$353,326.40 $354,526.40 GROUP V -LIBRARY Proposed 1948-49 1949-50 Appropriations Appropriations Item 143A -Library Fund and Misc. Library Revenue A. Salary Librarian ...........................$ 3,150.00 $ 3,465.00 A. Salary Reference Librarian ........ 2,457.00 2,702.76 A. Salary Cataloguer ........................ 2,249.16 2,474.04 A. Salary Juvenile Librarian ......... 2,110.56 2,155.20 A. Salary Circulation Head (Part Time) ........................................ 1,194.00 1,576.80 A. Salary School Librarian ............. 1,959.36 1,380.00 A. Salary Asst. of Circulation Head 1,959.36 2,155.20 A. Salaries General Assistants (3) 5,103.00 5,537.28 A. Salary Caretaker ....................... 2,236.56 2,620.00 A. Salary Extra Help ....................... 3,819.00 4,479.72 B. Travel Expense ............................. 100.00 100.00 C. Office Expense ................................ 160.00 150.00 D. Printing .......................................... 50.00 50.00 E. Books and Periodicals .................. 9,000.00 7,272.00 F. Binding .......................................... 2,500.00 2,500.00 F-1 Building Repairs ....._................. 6,322.00 5,479.00 G. Material and Supplies ................. 2,300.00 2,300.00 H. Heat, Light and Water .............. 2,800.00 3,500.00 I. Insurance ...................................... 500.00 335.00 Total ..................................................$ 48,960.00 $ 50,132.00 (Library Tax -$47,522.00; Library Tax Agricultural Land -$110.00; Misc. Library Revenue -$2,500.00) GROUP VI -PARK FUND Item 144A -Park Administration A. SalarySuperintendent ...............$ 3,273.60 $ 3,273.60 B. Travel ........................... ................ C. Office 100.00 100.00 ..................I ........................... D. Printing and Advertising ............ 250.00 75.00 250.00 75.00 J. Miscellaneous.............. ............. J. Old Age Pension 15.00 15.00 ........................... 275.00 275.00 Total ..................................................$ 3,988.60 $ 3,983.60 Item 1448 -park Areas, Buildings, etc.) A Wages of Laborers .....................$ C. Forestry 20,000.00 $ 21,900.00 ........................................... E. Equipment .................................... 700.00 1,600.00 700.00 3,500.00 F. Maintenance ............ . G. Material and Supplies ... 2,000.00 3,100.00 2,000.00 4,000.00 H. Beat, Light, Water and Tele - Phone ........................................... 2,400.00 2,600.00 Regular Session, August 2nd, 1948 331 I. Insurance ...................................... 700.00 700.00 J-1 Renovations and Replacements- 95.40 128.40 J-2 Reserve for Deferred Main- tenance :. ........ ....... ..... .............. 5,800.00 8,000.00 Total .......................................:..........$ 36,395.40 $ 43,628.40 LS GROUP VI -PARK SUBTOTALS ..............................................$ 40,384.00 $ 47,617.00 (Park Tax -$38,417.00; Misc. Park Revenues -$9,100.00) GROUP VII -PLAYGROUND AND SWIMMING POOL Proposed 1948-49 1949-50 Appropriations Appropriations Item 145A -Recreation Administration A. Salary Director .. .......................$ 3,049.20 $ 3,049.20 A. Salary Office Help ...................... 1,200.00 1,200.00 B. Travel .............................................. 50.00 50.00 C. Office .............................................. 120.00 120.00 F. Maintenance of Car ...................... 360.00 360.00 G. Material and Supplies ................. 250.00 250.00 Total ................................................$ 5,029.20 $ 5,029.20 Item 1458 -Outdoor Recreation A. Salaries Supervisors,Directors, 3,500.00 $ 3,500.00 etc . ....................................................$ A. Wages of Laborers ..................... 750.00 1.600.00 E. Equipment - .................................... 750.00 600.00 750.00 1000.00 F. Maintenance .................................. G. Material and Supplies ................. 500.00 1,000.00 H. Light ........................................... 500.00 250.00 600.00 250.00 I. Insurance ....................................... Total ...............................................$ 6,750.00 $ 8,500.00 Item 145D -Indoor Recreation A. Wages ................ ..............................$ 600.00 $ 25.00 2,000.00 25.00 C. Office ................ ........................... E. Equipment ...... .............................. 300.00 500.00 300.00 500.00 F. Maintenance ................................... G. Material and Supplies ................ 400.00 400.00 H. Heat and Light .......................... 400.00 400.00 Totals ............................................$ 2,225.00 $ 3,625.00 Item145E-Swimming Pool 460.00 $ 800.00 A. Salary Superintendent ................$ 900.00 1,000.00 A. Salaries Guards (4) ..................... 1,300.00 1,800.00 A. Salaries Attendants ..................... 450.00 1,000.00 F. Maintenance .................................. G. Material and Supplies ................ 350.00 350.00 300.00 H. Light and Power ........................ 800.00 229.00 229.00 I. Insurance ......................... .............. Total .............. . ......$ 3,979.00 $ 5,479.00 ......................... unds item 146 -Improvement and Care of$ 1000.00 $ 1,000.00 F. Maintenance ................................ J. Improvement of Grounds ............ 5,383.80 29,213.80 6,383.80 $ 30,213.80 Total................. .........................$ SUBTOTALS GROUP VII -PLAY- SWIMMING GROUNDS AND 4 00$19,209800 !24,367.0x-$10 00 (Playgrounds and Swimming PooTa Skating ve- Pool ment $7.00; playground Impro500-00; $250.00;1 Mtsc. Receipts-x5 Tax -$25,813.00) GROUP VIII -MISCELLANEOUS Proposed 1948-49 1949-50 Appropriations Appropriations Zoning (Conso2 00 F$^4300.00 Item 147 -Planning and 978 J. Miscellaneous Item 148E -Ambulance (Consolidate $ Fund) 6 623.20 $ 5,623.20 A. Salaries Drivers (2) ................ 280.00 280.00 F. Maintenance ................................ 360.00 G. Material and Supplies ................. 226.00 225.00 I. Insurance ......................................... _ 6 �- $ 6,478.20 „ $ Total.............................................. . (Cons olidS0 F$u^d) Item 148C -Other IVliscellaneous 00 of Municipalities- $ 80.00 3,300.00 J-1 Iowa League 31300'00 J-2 Damages .......................................... 2 700.00 2,700.00 J-3 Printing Council Proceedings 21000.00 2,000.00 J-5 State Examiners ...... ................ J-6 Repairs to Town Clock ...............• 3,100 00 500.00 3,100.00 J-7 Misc: Unclassified .•. ... .• I • •. • J-8 Workmen's Compensation In- 2,600.00 2,500.00 126.00 ...................... surance .......... 125.00 J-9 Interest on Warrants ................. - -- $ 14,305.00 $ 14,305.00 Total ......................... ............................ SUBTOTALS GROUP VIII -MIS-$ 23,661.20 $ 25,083.20 CELLANEOUS ........•• • •• Regular Session, August 2nd, 1948 332 GROUP IX—MARKETS SCALES (Consolidated Fund)PUBLIC Item 152—Market Master 2'257.20 A. Salary Market Master ..................$ 20.00 F. Maintenance ................. ............. G. Material and Supplies ................ 65.00 J. Miscellaneous................................. 20.80 Total................................................$ 2,363.00 SUBTOTALS GROUP IX—MAR- KETS AND PUBLIS SCALES .... $ 2,363.00 GROUP X—MUNICIPAL IMPROVEMENTS (Consolidated Fund) Item 160—Capital Improvements J. Improvement Projects .......... $ 32,000.00 $ 32,000.00 Item 161—Bridge Construction J. Bridge and Viaduct Work ...........$ 27,813.00 $ 28,818.00 Item 162—Assessments and Sewers J-1 City Share of Special Asses- ments............................................$ 12,000.00 $ 12,000.00 J-2 Main Sewers and Inlets .............. 30,000.00 30,000.00 Total.................................................$ 42,000.00 $ 42,000.00 SUBTOTALS GROUP X—MUNICI- PAL IMPROVEMENTS .............$101,813.00 $102,813.00 (Consolidated Fund—$101.813.00) EMERGENCY AND RESERVE Reserve in General Misc. Revenues $ 165.30 $ 166.50 GROUP XI—PENSION FUNDS Proposed 1948-49 1949-50 Appropriations Appropriations Item 154—Police Pensions J-1 Police Pensions ...........................$ 19,993.00 $ 25,026.00 J-2 Police Retirement System .......... 11,051.00 11,021.00 Total.................................................$ 31,044.00 $ 36,047.00 (Police Pension Tax—$24,626.00; Pay Deductions from Members—$400.00; Police Retirement Tax— $10,296.00; Interest on Bonds—$725.00) Item 155—Fire Pensions J-1 Fire Pensions................................$ 28,624.00 $ 50,009.00 J-2 Fire Retirement System .............. 15,019.00 15,003.00 Total.................................................$ 43,543.00 $ 65,012.00 (Fire Pension Tax—$49,559.00; Pay Deductions from Members—$450.00; Fire tetirement Tax—$13,715.00; Interest on Bonds—$1,283.00) Item 156—Employees Retirement Fund J. City's Share ...................................$ 6,008.00 $ 6,147.00 SUBTOTALS GROUP XI—PEN- SIONS................................................$ 80,595.00 $107,206.00 GROUP XII—DEBT SERVICE Item 161J-1—City Bonds and Interest A-1 Interest on Bonds ........................$ 4,763.00 $ 3,420.00 A-3 Sewer Bond Redemption ............ 18,000.00 10,000.00 A-5 Funding Bond Redemption ...... 30,000.00 40,000.00 A-6 Reserve ............................................ 599.00 749.00 Total.................................................$ 53,362.00 $ 54,169.00 (General 'Bond Fund—$54,169.00) Item 163,12—Airport Bonds and Interest A-1 Interest on Airport Bonds ........$ 428.00 $ 286.00 A-2 Airport Bond Redemption .......... 19,000.00 19,000.00 Total............................................$ 19,428.00 $ 19,285.00 (Airport Fund—$19,428.00) SUBTOTALS GROUP ?III—DEBT SERVICE ........................................$ 72,790.00 $ 73,454.00 GROUP XIII—DOCKS Proposed 1948-49 1949-50 Item 153A—Dock Operation appropriations Appropriations A. Salary Engineer ...........................$ 420.00 B. Travel $ 420.00 ............... ............................. 200.00 F. Maintenance ........... 50.00 300.00 50.00 G. Material and Supplies ................ 60.00 60.00 I. Insurance ......... 600.00 J-1 Traffic Association Service 300.00 626.00 300.00 ........ J-2 Improvements J-3 Miscellaneous ..........."•'•"' .... 572.00 575.00 ........... • •.............. 1,000.00 1,000.00 Total.................................................$ 3,192.00 $ 3,320.00 Regular Session, August 2nd, 1948 333 Item 1536 -Dredge Operation Item 153C -River Front Improvement A. Salary Engineer ..........................$ 180.00 $ 180.00 A. Salaries Operators ........................ 9,660.00 9,660.00 A. Wages Laborers ........................... 5,200.00 6,408.00 F. Maintenance and Repairs ............ 1,500.00 2,000.00 G. Material and Supplies ................. 2,000.00 31000.00 H. Electric Power ............................ 4,500.00 4,000.00 I. Marine Insurance ......................... 700.00 625.00 I, Workmen's Compensation In- PARKING LOTS surance ......................................... 900.00 800.00 J. Miscellaneous ................................. 150.00 150.00 Total ................_.........._._............_ $ 24,790.00 $ 25,823.00 Item 153C -River Front Improvement A. Wages ........................................$ 500.00 $ 500.00 E. Trucking ..................................... 200.00 200.00 E. Equipment .................................. 1,000.00 1,000.00 E. Tools .............................................. 100.00 G. Material and Supplies ................. 500 -OC 200.00 800.00 Total ............................... ............... $ 2,300.00 $ 2,700.00 SUBTOTALS GROUP XIII -DOCKS $30,282.00 $ 31,843.00 (Dock Tax -$19,209-00; Misc. Docknues-$12,634.00) XIV-AIRPORT Proposed 1948-49 1949-50 Appropriations Appropriations Item 157 -Airport Fund F. Maintenance ................................. $ 15,000.00 $ 15,000.00 1,500.00 1,500.00 I. Insurance ........... .... I......................... J. Airport Development .................... 96,156.00 40,688.00 Sub -Total Group XIV -Airport $112,656.00 $ 57,188.00 (Airport Tax --$37,188.00; Airport Balance and Rev- enues -$20,000.00) GROUP XV -PARKING METERS AND PARKING LOTS Item 170A -Parking Meters A. Wages ............... ...........................$ 21500.00 11,000.00 $ 3,000.00 12,000.00 ................................ ... E. Equipment .......... F. Maintenance 6,000.00 2,000.0 Total.... ........................................... (Parking Meter Fund -$17,000.00) Item 1708 -Parking Lots 38,300.00 $104,500.00 J. Parking Lots .................... ..........$ (Parking Meter Fund -"$88,000.00; Parking Lot Fund -$16,500.00) SUBTOTAL -GROUP XV -PARK- ING METERS AND PARKING $121,600.OU LOTS $ 57,800.00 ............................................. GROUP XVI -WATER WORKS Proposed 1945-49 1949-50 Appropriations Appropriations Estimated Balance on Handy April 1, 10 000.00 $100,000.00 1948 ................. """""'' 180,000.00 Estimated Meter Sales ....................... 750.00 210,000-00 750.00 Estimated Flat Rate Sales ............. Estimated Fire Protection Service.... 2,500.00 2:500.00 Estimated Non -Operation Service.... 2,600.00 3,616.00 4215.00 Estimated Sales Tax Collections .... � $329,305.00 $319,965.00 Total DISBURSEMENTS Item 149A -Administration and A. Salary Superintendent $ 5 OS2.00 $ 5,082.00 .............. Cashier • . • ••.. ' 3,141.60 3,141.60 A. Salary Accountant ...................... A. Salary Stenographer and Cleric. 2,270:40 2,403.40 2,270,40 A. Salary Clerk ................................. 1920.00 11920.00 00.00 .• 3,000.00 A. SalarA. y Cityager (25%) Clerk 90 3'933.90 A. Salary City Auditor (26%) 917.40 A. Salary City Treasurer .25%) 125.00 917.40 125.00 ............ B. Travel............ • . "" 1,500.00 C. Office Expense anndd Postage 400.00 1,500.00 400.00 D. Printing and Advertising 1150.00 1150.00 800.00 E. Equipment ............................ 300.00 500.00 F. Maintenance ............................... 500.00 G. Material and Supplies .....• . • • 75.00 75.00 ...................... . I. Insurance """' "". 340.00 ..... . 340.00 4,215.00 J-1 Miscellaneous.....................3,615.00 J-2 State Sales Tax -' -- 28,272.70 $ 27,672.70 $ 334 Regular S(sion, August 2nd, 1948 Item 149B—Water Operation A. Salary Field Engineer $...3,828.00_.$..3,828.00 A... Salary Plant Chief Engineer ... 3,484.80........ 3,484.80 A. Saiaries Plant Engineers (6) 17,899.20 17,899.20 A. _ Wages Extra Station Labor .... 5,000.00 ......... 5,000.00 A. Salary Meter Service Man _.. 2,653.20......_ 2,653.20 A. Salary Meter Repair Man ..... 3,062.40.........3,062.40 A. Salary Meter Reader 2,362.80 2,362.80 A. _ Salary Meter Inspector 2,508.00...... 2,508.00 A. Salary Asst. Meter Repairer ..._ 2,732.40........ 2,732.40 A. Salary General Foreman ..... 3,616.80.. ........ 3,616.80 A._ Salary Asst. Foreman (2) .... .5,623.20 ........ 5,623.20 A.... Wages Laborers ....15,000.00.. ... 15,000.00 E..... E q u i p m e n t 10,000.00 .......10,000.00 ................................. F. Maintenance12,000.00 12,000.00 G. Material and Supplies ................. 2,000.00 2,000.00 H. Heat, Light and Power .............. 45,000.00 45,000.00 I. Insurance ........................................ 5,500.00 51500.00 J-1 Water Main Material ................. 25,000.00 25,000.00 J-2 Other Betterments ....................... 129,096.50 119,096.50 J-3 Store Reserve ............................. 3,000.00 31000.00 J-4 Miscellaneous ............................... 1,500.00 1,500.00 Total ................................................$300,867.30 $290,867.30 GRAND TOTAL WATER WORKS APPROPRIATIONS ..................:..$328,540.00 $319,140.00 NON -APPROPRIATIONS RE- SERVE ..........................................$ 825.00 $ 825.00 SUBTOTAL GROUP XVI—WATER WORKS ....................... .................$329,365.00 $319,966.00 RECAPITULATION OF TOTAL APPROPRIATIONS AND RESERVES (a) City Operation, Group I to I\, Inclusive ................ ....... $1,045,319.70 $1,085,211.50 (b) Municipal Improvements, Group X .................................. 101,813.00 102,813.00 (c) Reserve in General Misc. Revenues ............. ........ .I......... 166.30 166.50 (d) Pensions Group XI ........... 80,595.00 107,206.00 (e) Debt Service, Group rII ...... 72,790.00 73,454.00 (f) Docks, Group XIII ................ 80,282.00 31,843.00 (g) Airport, Group XIV ............ 112,656.00 57,188.00 (h) Parking Meters and Lots, Group XV ................................ 57,800.00 121,500.00 (i) Water Works, Group XVI... 328,540.00 319,140.00 (J) Water Works Reserve ....... 825.00 826.00 $1,830,786.00 $1,899,347.00 RECAPITULATION OF REVENUES Tax Revenues .......................... $ 888,206.00 $ 998,460.00 Misc. Revenues and Estimated Balances .................................. 613,215.00 580,922.00 Water Works Revenues and Es- timated Balances ................... 329,365.00 319,965.00 $1,830,786.00 $1,899,347.00 Regular Session, August 2nd, i949 335 RESOLUTION NO.177-48 Whereas, a budget of proposed expenditures for the fiscal year beginning April 1, 1949 and ending March 3L thehas been CityManager, pre- pared by pub- lished as required by law and sub- mitted to this Council for approval, and Whereas, This Council has ex- amined this budget, wherein esti- mates of the expenses of the various departments and purposes are shown, including the estimates for which the consolidated tax levy and all other levies, receipts from moneys and credits, and miscella- neous sources are to be used and said budget shows all of the proposed expenditures for the en- suing fiscal year, and the same was published as provided by law, and an opportunity was given all who might wish to file objections or protest to the same, and the time for action thereon having been fixed as the 2nd day of August, 1948 at 7:30 P.M.; and Whereas, no objections have been filed or made to said budget; Now Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Budget prepared by the City Manager of the proposed expendi- tures for the fiscal year beginning April 1, 1949 and ending March 31, 1950 is hereby approved. Proposed, adopted and approved this 2nd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. cost of improvement for the con- struction oY an 8 inch sanitary sewer, lift station, and 6 inch cast iron' force main for the Bradley StreetSewer District. The 8 inch sewer line begins at the lift station located on the centerline of the alley first south of Bradley St. 252 feet westerly from the intersection of Henderson St. and said alley, thence in a northerly direction a- cross the easterly 10 feet of lot No.6 of block number 10 of Grand- view Park Addition to the center- line of Bradley St. (Manhole No.4), thence westerly along the center- line of Bradley St, a distance of 498.8 feet; also from manhole NoA northerly 16 feet, thence easterly along a line 9 feet south of and parallel to the north property line of Bradley Street to a point op- posite the line between lots 22 and 23 of block No.3 of Grandview Park Addition; also an 8 inch sewer line running from the lift station east- erly along the centerline of the alley first south of Bradley Street to a point opposite the line be- tween lots 14 and 15 of Block 9 of Grandview Park Addition. The 6 inch cast iron force main begins at the lift station running easterly along a line 3.5 feet south of cen- terline of alley first south of Brad- ley 262 feet, thence northerly along a line 15 feet west of and parallel to the easterly property line of Henderson Street a distance of 471 feet to the centerline of Grandview Avenue; also an 8 inch vitrified sewer pipe overflow line running diagonally in a southerly direction from the lift station across lots No.22, 23, 24 of Block No -10 and lots No.8, 9, 10 of Block 11 of Grandview Park Addition and diag- onally across lot 17 of Grandview Park feet Estiadistancedition a 32 Estimated cost $24,083.86. presented and read. Councilman Wharton moved that the proof of Councilman Thompson moved publication be received and filed. Seconded by Councilman Moffatt. the adoption of the resolution. Sec- the following vote: onded by Councilman Murphy. Car- Carried by ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Yeas —Mayor Van Duelman, Thompson, Wharton. Councilmen Moffatt, Murphy, _None. ThNays ompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans and specifications, form of contract and Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plan specifications, form of contract and 336 Regular Session, August and, 1948 cost of improvement for the con- struction of an 8 inch sanitary sew- er,. lift station, and 6 inch cast iron force main for the Bradley Street Sewer District. The 8 inch sewer line begins at the lift sta- tion located on the centerline of the alley first south of Bradley St. 252 feet westerly from the inter• section of Henderson St. and said alley, thence in a northerly direc- tion across the easterly 10 feet of lot No.6 of block number 10 of Grandview Park Addition to the centerline of Bradley St. (Manhole No.4), thence westerly along the centerline of Bradley St. a distance of 498.8 feet; also from manhole No.4 northerly 16 feet, thence east- erly along a line 9 feet south of and parallel to the north property line of Bradley Street to a point opposite the line between lots 22 and 23 of Block No. 3 of Grandview Park Addition; also an 8 inch sewer line running from the lift station easterly along the center- line of the alley first south of Bradley Street to a point opposite the line between lots 14 and 15 of Block 9 of Grandview Park Addi- tion. The 6 inch cast iron force main begins at the lift station running easterly along a line 3.5 feet south of centerline of alley first south of Bradley 262 feet, thence northerly along a line 15 feet west of and parallel to the easterly property line of Hender. son Street a distance of 471 feet to the centerline of Grandview Ave. nue; also an 8 inch vitrified sewer pipe overflow line running diag- onally in a southerly direction from the lift station across lots No.22, 23, 24 of Block No.10 and lots No.8, 9, 10 of Block it of Grandview Park Addition and diagonally a- cross lot 17 of Grandview Park Addition a distance of 532 feet, presented and read. Councilman Murphy moved that the proof of Publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of William F. and Belle Appel, by Czizek & Czizek, Their Attorneys, submitting objections to adoption of Resolution of Necessity for constructing a sanitary sewer and lift in Bradley Street Sewer District, and to the amount of the proposed assessments to pay the costs thereof, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of a sanitary sewer of eight (8) inch diameter in Seminary Street from the West Corporation Line to 165 feet east of the east property line of St. Ambrose Street, presented and read. Councilman Moffatt moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. August 2, 1948. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M. August 2, 1948 for the construction of a sanitary sewer in Seminary Street from the west corporation line to 165 feet east of the east property line of St. Am- brose Street. Two bids were re- ceived as shown on the attached tabulation. The lower bid was 7.8 Per cent below the Engineer's es- timate. I recommend that the contract for this work be awarded the Thos. Flynn Coal Company on the basis of its bid which is the lowest and best bid received. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Wharton moved that the recommendation of City Man- 4 l:c-ular Session, August 2nd, ig,18 337 ager Rho Councilman Sec- onded by an Mu phy. Car- I ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Bids for the construction of an eight inch sanitary sewer in Semi- nary Street from the West Corpora- tion line to 165 feet east of the east property line of St. Ambrose Street; Bid of M. L. Gaber Constr. Co.: 850 Lin. Ft. 8 inch tile pipe at 3.60 per Lin Ft.; 24 — 8 in. x 6 in. Y Branches at $4.00; Brick man- holes at $200.00 each; Lumber in place $150.00 per M. ft.; Crushed rock or gravel in place at $3.00 per Cu. Yd.; Remove & Replace 3" Asphalt Pavement on 7" Mesh Reinf. Cone. Base at $7.00 per Sq. Yd.; Total Bid - $5,162.00. Bid of Thos. Flynn Coal Co.: 850 Lin. Ft. 8 inch tile pipe at $3.50 per Lin. Ft.; 24 — 8 in, x 6 in. Y. Branches at $4.50; Brick manholes at $200.00 each; Lumber in place $150.00 per M. Ft.; Crushed rock or gravel in place at $3.00 per Cu. Yd.; Remove and Replace 3" Asphalt Pavement on 7" Mesh Re- inf. Cone. Base at $5.00 per Sq. Yd.; Total Bid - $4,823.00. (Awarding Contract) RESOLUTION NO.178-48 WHEREAS, proposals have been submitted by contractors for the construction of a sanitary sewer of eight (8) inch diameter in Semi- nary Street from the West Cor- poration Line to 165 feet east of the east property line of St. Am- brose Street, pursuant to Resolu- tion No.143-48, and Thos. Flynn Coal Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award ed to Thos. Flynn Coal Co., and the Manager be and he is hereby directed to execute a contract or behalf of the City of Dubuque fol the complete performance of saii work. BE IT FURTHER RESOLVEI that this resolution being deeme( urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 2nd, 1948. Councilman Moffatt moved that the resolution be approved and placed on file for one week. Sec. onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Awarding Contract) RESOLUTION NO.164-48 WHEREAS, proposals have been submitted by contractors for the construction of an eight (8) inch vitrified tile sanitary sewer for Vernon and Edina Streets begin- ning at the existing manhole lo- cated in mineral lot No.176 and running southerly across mineral lot No.176 and lot No.72 of Voelker Highlands to the center of Edina Street, (M.H. No.1), thence south- erly across lots 1 and 2 of lot 73 of Voelker Highlands and lot 1 of Mount Pleasant addition to the cen. ter of Vernon Street, thence north easterly along the centerline of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from ivau- hole No.1 northeasterly along the centerline of Edina Street to a point 225 feet west of the west property line of Alta Vista Street, pursuant to Resolution No. 83-48, and Thos. Flynn Coal Co., contrac- tor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos. Flynn Coal 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 this resolution being deemed urent becomeaimmediate effectivefrolmenecessity y and after 338 Regular Session, August 2nd, 1948 its passage and adoption by the City Council. Approved and placed on file for one week on July 19th, 1948. Passed and adopted this 2nd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice of Appeal of James D. and Anita Kritz, Plaintiffs, by Rob- ert H. Kintzinger, Their Attorney, from the special assessment levied against Lot 23 of O'Neill's Sub- division No.3, Dubuque, Iowa, for the reason that the assessment is in excess of the special benefits conferred and for the reason that the assessment exceeds 25 per cent of the actual value of the lot at the time of levy, presented and read. Councilman Murphy moved that the Notice of Appeal be re- ferred to the City Solicitor. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of J. N. Blades protest- ing to the special assessment levied against Lot 2 of 1 of Stew. arts Sub. of the Sub. of Lots 19, 20, 21, stating that he never signed any agreement when the sewer was proposed and being under the impression that the sewer would not come as far as this lot and for the reason that the special assessment is in excess of 25 per cent of the valuation of the lot, presented and read. Councilman Wharton moved that the petition be referred to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice of claim of Charles R. Holmes in the amount of $27.08 for damages to his automobile caused in striking an insecure man- hole cover at the corner of Bryant and Curtis Streets, presented and read. Councilman Moffatt moved that the notice of claim be re- ferred to the City Solicitor for in. vestigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. State of Iowa Adjutant General's Dept. Des Moines 26 July 1948 Honorable Frank Van Duelman Mayor of Dubuque City Hall Dubuque, Iowa Dear Mayor Van Duelman: This is to advise that the Ex. ecutive Council of the State of Iowa has approved acceptance of Quit Claim Deed executed by you on 25 June 1948, at its meeting July 19, 1948. Very truly yours, Charles H. Grahl Brig. Gen. AGD Iowa NG. The Adjutant General. Councilman Thompson moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice from the United States Engineers Office, Rock Island, Ill., of the application received from The Texas Company, Chicago, Ill., to construct docking facilities in and along the right bank of the Mississippi River at South Junction and advising that arguments or objections to the construction of said dock will be heard on August 6th, 1948 at the 01i9ce of the Unit- ed States Engineer at Rock Is- Regular Session, August 2nd, 19.8 339 land, Illinois, presented and read. Councilman Murphy moved that the notice be referred to the Plan, ping and Zoning Commission for a report as to whether any por- tion of this dock will be inside the City Limits. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas — Mayor Van Duelmat,, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of the Iowa State Highway Commission submitting two copies of Contract for Pri- mary Road Extension Maintenance for the period July 1, 1948 to June 30, 1949, presented and read. Coun- cilman Wharton moved that the Mayor be authorized to execute the Contract for and on behalf of the City of Dubuque. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. DUBUQUE COUNTY DUBUQUE, IOWA CONTRACT PRIMARY ROAD EXTENSION MAINTENANCE Total Miles 7.65 at $300.00 per mile. TOTAL routine maintenance $2,295.00. It is understood that "routine maintenance operations" shall in- clude surface maintenance, road bed repairs, repairs to bridges, cul- verts and guard rail, weed cutting, snow plowing, and other mainte- nance usually performed on pri- mary roads outside of cities and towns. Routine maintenance of paved streets shall extend from curb to curb. Snow plowing in- cluded in routine maintenance will apply to a width approximately 30 feet. The hauling and disposal of the snow plowed from the 30 -foot section is not included in this con. tract. Party of the First Part further agrees to perform special mainte- nance work for the Party of the Second Part on the above desig- nated extensions. This special maintenance work is specifically described as follows: This written duplicate memoran da of agreement made and entered into by and between the City of Dubuque, Iowa, party of the First Part, and the Iowa State Highway Commission, Ames, Iowa, Party of the Second Part. Witnesseth: In consideration of the perform- ance by the Party of the First Part, of maintenance work speci- fied below during the period July 1, 1948, to June 30, 1949, Second Party agrees to pay First Party, the amounts stipulated herein. Party of the First Part agrees to perform for the Party of the Second Part, all routine mainten- ance operations in the City of Dubuque on extensions of primary roads specifically described as follows: All extensions of Primary Roads in the City of Dubuque except the south 0.49 miles of U.S. No.61 and the west 0.65 miles of U.S. N0.20. Snow removal and sanding of hills will be performed as routine maintenance. Any other special maintenance will be covered by supplemen- tary contract. TOTAL SPECIAL MAINTE- NANCE — None. TOTAL CONTRACT A- MOUNT — -12,295.00. IN WITNESS WHEREOF, the Parties have set their hands, for the purposes herein expressed on this 2nd day of August, l 48. Dubuque, Iowa. Recommended for Approval August 7, 1948 R. M. Tutton Asst. Dist. Engineer By Frank Van Duelman, Mayor First Party. IOWA STATE HIGHWAY COMMISSION By Lee R. Watts Second Party. 340 Regular Session, August and, 1948 Iowa State Highway Commission Ames, Iowd. July 30, 1948. Mr. A. A. Rhomberg City Manager Dubuque, Iowa. Dear Mr. Rhomberg: I wish to acknowledge receipt of your letter of July 22, with at- tached traffic data for three in- tersections on Primary Road ex- tensions in Dubuque which you propose to signalize. These intersections are at 2d and Locust streets, 6th and Locust streets, and at 20th and Jackson streets. In your analysis of this data and conditions surrounding these intersections, you refer to the 20th and Jackson Streets in- tersection as being well within the residence district. This may be true insofar as Jackson Street is concerned, but I understand that 20th Street, which is the exten- sion of Highways 61 and 151, has been considered as a business zone for some time and has been so marked with speed zones on both sides of this intersection. Under the law approval by the Highway Commission is not necessary at an intersection in the business district of cities with over 4,000 popular tion. As we have it then, all three of these intersections are within business zones or districts and the city would be at liberty to signal- ize them at their pleasure. I have gone over the data which You submitted and there is no ques- tion as to the two intersections on Locust Street qualifying for sig- nals under the general volume war- rants. The traffic volume at 20th and Jackson Streets is somewhat less but I believe your plan to boule- vard Jackson Street so as to make it attractive to some of the traffic which now congests Central Ave- nue has considerable merit and probably would accomplish that purpose. Under these conditions it would seem that the intersection at Jackson and 20th Streets would warrant a signal and I would be glad to recommend approval of it by the Commission if that were necessary. I would suggest that you go a- head with your plans however, as you have them. If we can help you in any way with those general matters we will be more than glad to do so. Very truly yours, W. n. Price, Engineer Safety and Traffic. Councilman Thompson moved that the communcation be re- ceived and made a matter of rec- ord. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen '.Moffatt, Murphy, Thompson, V,'hcrton. Nays — None. Communication of R. C. Byrus, Fire Protection Engineer, advising that the Engineering Extension Service of Iowa State College, Ames, Iowa, will conduct a Fire Prevention Inspectors Short Course, August 17-20, 1948, present- ed and read. Councilman Wharton moved that two members of Fire Department be authorized to at- tend the Fire Prevention Inspector Short Course at Ames, Iowa on August 17-20, 1948. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. lays — None. Petition of Navy Mothers Club of America Battleship No.44, re- questing permission for the holding of a tag day on Saturday, October 23rd, 1948, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Ray J. Cosley et al requesting that two-hour parking be designated for First Street from Locust Street to Bluff Street and also on Locust Street from Jones Street to Fourth Street, pre- sented and read. Councilman Whar- Regular Session, August 2nd, 1948 341 ton moved that the petition be referred to the Chief of Police for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of George Sherbine et al requesting the installation of a street light on Curtis Street be- tween McEvoy Place and South Hill Street, presented and react. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of A. R. Kingsley, Dubuque Publicity C o o rd i n a t o r Communications Workers of Amer- ica Northwestern Division No. 45, requesting permission to operate sound trucks on the streets of the City of Dubuque, presented and read. Councilman Wharton moved that the request be denied as the same conflicts wtih the City Ordi- nance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Jack Fransen re- questing a refund in the amount of $50.00 on the unexpired portion of his Class "B" beer permit No. 134 as he has discontinued busi- ness on July 19, 1948, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Jack Fransen to cover the amount of refund granted on the unexpired portion Of his Class "B" beer permit No. 134. Seconded by Councilman Wharton. Carried by the following vote: Petition of the Dubuque Trades and Labor Congress requesting per- mission for the holding of their annual Labor Day Parade on Satur- day night, September 4th, 1948, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Yeas — M a y o r Van Duelman. Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the Dubuque Amuse- ment Corporation requesting fire protection for the ballroom known as Melody Mill, presented and read. Councilman Wharton moved that the petition be referred to the City Manager and Fire Chief for their recommendation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Frank Huftill submitting his resignation as a member of the Board of Trustees of the Carnegie Stout Free Public Library to become effective at once, presented and read. Council- man Murphy moved that the resig- nation esitsnation be accepted and a vote of thanks extended to Mr. Frank Huftill for services rendered as a member of the Board of Trustees of the Public Library. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of the Dubuque Trades and Labor Congress sub- mitting for Council consideration the name of Mr. Merlin Ha ntel' man to fill the vacancy q Board of Trustees Of the nubbin Library caused by the resnation of Mr. Frank Huftill, presentedand read. Councilman Murphy that Mr. Merlin Hantelman be ap- pointed as a member of the Board of Trustees of the Public Library to fill term of Mr, Frank Huftillthe e said dterm expiring July 1st, 1951. Seconded by Coun 342 Regular Session, August 211d. HVI," cilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of H. E. Dilworth, Theo- dore Karegan, Carl V. Riley and Mrs. Regina Duggan, owners of property abutting and adjacent to Platt Street and Platt Street Ex- tension from the east curb line of James Street to the east curb line of Cardiff Street, requesting the City Council to reconsider their action in overruling the objections of the undersigned to the proposed resolution of necessity, to the pro- posed plans and specifications and to the cost of said improvement and special assessments to pay such cost and the action of the City Council in passing and approving said resolution of necessity, pro- posed plans and specifications,cost of said improvement and special assessment and stating that they desire a rock surface on said street in lieu of concrete, presented and read. Councilman Wharton moved that the petition be referred to the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Carl M. Heer et a], asking the citizens of Dubuque to support a move to maintain the City Island Airport until such time as it ceases to be asset to the development of Dubuque and the flying pilots and public who use it, presented and read. Messrs. Linn and Gartner addressed the Council asking that the old Island Airport be allowed to remain open until all the veterans who are tak- ing flying instructions have com- pleted their training. Councilman Wharton moved that the petition be referred to the Council. Second. ed by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 1 of Lot 73 of Voelker Highlands in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over, and across a ten (10) foot wide tract of land across the westerly portion of said lot in a northerly direction be. ginning at a point approximately forty two (42) feet east and fifty (50) feet north of the south west corner of lot 73 of Voelker High- lands, for the purpose of construct- ing an eight (8) inch sanitary sew- er with the right to go upon said premises at all reasonable times for the purpose of inspection and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod, or shrubbery that may be distributed in the installation or repair of said sewer to as good condition as it was before the same was disturbed. This grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers, and assigns forever. Ethel M. Meaney SOMETIMES KNOWN AS ETHEL W. MEANY. State of Iowa Z Linn County J SS. Be it remembered that on this 7th day of May, 1948, personally appeared before me, a Notary Pub- lic, in and for Linn County, Iowa, ETHEL M. MEANEY, WHO SOMETIMES IS KNOWN AS ETHEL M. MEANY, and who is Personally known to me and ack- nowledged that he executed the foregoing instrument as his volun- tary act and deed. HARRY E. HOADLEY Notary Public in and for Linn County, Iowa. Councilman Wharton moved that the Grant and Easement be re, ceived and made a matter of rec- T Regular Session, August 211d, 1948 34.E ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 1 of the Sub of the S. 80' of lot 8 and Lot 3 of 1 of 9 of Mt. Pleasant Addition, in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over, and across a ten (10) foot wide tract of land across said lot in a northerly direction beginning at a point approximately thirty (30) feet east of the south west corner of said lot, for the purpose of constructing an eight (8) inch Sanitary sewer, with the right to go upon said premises at all rea- sonable times for the purpose of inspection and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod, or shrubbery that may be disturbed In the installation or repair of said sewer to as good condition as it was in before the same was disturbed. This grant of Easement shall be binding upon the undersigned, its purchasers, and assigns forever. JOE BAULE ALLAN T. DAYKIN STATE OF IOWA, DUBUQUE COUNTY, as On this 27th day of April, A.D. 1948, before me a Notary Public in and for said County, personally appeared Joe Baule, Chairman of the Board of Supervisors, and Al- lan T. Daykin, County Auditor, to me personally known, who being by me duly sworn, did say that they are the Chairmen of the Board of Supervisors and County Auditor, respectively, of the County of Dubuque, and that the seal affixed to said instrument is the corporate seal of said County. That said instrument was signed and sealed in behalf of said County by authority of its Board of Super- visors and that the said Joe Baule and Allan T. Daykin acknowledged said instrument to be the volun- tary act and deed of said County of Dubuque, Iowa, by it voluntarily done and executed. JOHN B. DOMAYER Notary Public, Dubuque County, Iowa. RESOLUTION Be it resolved by the Board of Supervisors of Dubuque County, I- owa, that the easement executed and acknowledged on behalf of this County granting and convey- ing a perpetual right of easement in, over, and across Lot 1 of the Sub. of the S. 80' of Lot 8 and 'Lot 3 of 1 of 9 of Mount Pleasant Addi- tion in the City of Dubuque for the sum of one dollar ($1.00) cash executed on the 27th day of April, 1948, is hereby approved and con- firmed by this Board. Ayes: Joe Baule Clarence Hammerand Hubert Donovan. Nays : None. Councilman Wharton moved that the Grant and Easement be re- ceived and made a matter of rec- ord. Seconded by Councilman Mur. phy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 72 of Voeiker High. lands in the City of Dubuque, here- by grants and conveys to said City of Dubuque, a perpetual right of easement, in, over, and across a ten (10) foot wide tract of land across the westerly portion of said lot in a northerly direction beginning at a point feet forty seven (47) the south east corner of said lot, for the purpose of constructing an eight (8) inch sanitary sewer with the right to go upon said premises at all reasonable times for the pur- pose of inspection and repairing the same when installed; however, that said City of Dubuque shall replace whatever earth, so th,so b shrub- bery, bery, that may In be 344 Regular Session, August 2nd, 1948 the installation or repair of said sewer, to as good condition as it was before the same was disturbed. This grant of Easement shall be binding upon Dubuque County, its purchasers, ad assigns forever. JOE ULE ALLAN T. DAYKIN STATE OF IOWA, DUBUQUE COUNTY, ss. On this 27th day of April, A.D. 1948, before me a Notary Public in and for said County, personally appeared Joe Baule, Chairman of the Board of Supervisors, and Allen T. Daykin, County Auditor, to me personally known, who being by me duly sworn, did say that they are the Chairman of the Board of Supervisors, and County auditor, respectively, of the County of Dubuque, and that the seal affixed to said instrument is the corporate seal of said County. That said instrument was signed and sealed in behalf of said Coun- ty by authority of its Board of Supervisors and that the said Joe Baule, and Allan T. Daykin, ac- knowledged said instrument to be the voluntary act and deed of said County of Dubuque, Iowa, by it voluntarily done and executed. JOHN B. DOMAYER. Notary Public, Dubuque County, Iowa. RESOLUTION Be it resolved by the Board of Supervisors of Dubuque County, I- owa, that the easement executed and acknowledged on behalf of this County granting and convey- ing a perpetual right of easement in, over, and across Lot 72 of Welker's Highlands in City of Dubuque for the sum of one dollar (1.00) cash, executed on the 27th day of April, 1948, is hereby ap- proved and confirmed by this Board. Ayes: Joe Baule Clarence Hammerand Hubert Donovan Nays — None. Councilman Wharton moved that the Grant and Easement be re- ceived and made a matter of rec. ord. Seconded by Councilman Mur phy. Carried by the following vote: Yeas — M a y o r Van Duelman Councilmen Moffatt, Murphy Thompson, Wharton. Nays — None. GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Mineral Lot 176 in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of ease- ment, in, over, and across a ten (10) foot wide tract of land across the westerly portion of said lot beginning at a point approximately sixty (60) feet east of the south west corner of said lot and ter- minating at the existing sanitary sewer manhole located in said lot for the purpose of constructing an eight (8) inch sanitary sewer with the right to go upon said premises at all reasonable times for the purpose of inspection and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod, or shrubbery that may be dis- turbed in the installation or re- pair of said sewer to as good con- dition as it was in before the same was disturbed. This Grant of Easement shall be binding upon Dubuque County, its purchasers, and assigns forever. JOE BAULE ALLAN T. DAYKIN STATE OF IOWA, DUBUQUE COUNTY, ss. On this 27th day of April A.D., 1948, before me, a Notary Public, in and for said County, personally appeared Joe Baule, Chairman of the Board of Supervisors, and Al- lan T. Daykin, County Auditor, to me personally known, who being by me duly sworn, did say that they are the Chairman of the Board of Supervisors and County Auditor, respectively, of the County of Dubuque, and that the seal affixed to said instrument is the corpor- ate seal of said County. This said instrument was signed and sealed in behalf of said County by authority of its Board of Super- visors and that the said Joe Baule and Allan T. Daykin acknowledged said instrument to be the volun- tary act and deed of said County Regular Session. .writ _,I,tl, it, 3.4; of Dubuque. Iowa, by it voluntarily done and executed. JOHN B. DOMAYER. Notary Public, Dubuque County. Iowa. RESOLUTION Be it resolved by the Board of Supervisors of Dubuque County, I- owa, that the easement executed and acknowledged on behalf of this County granting and conveying a perpetual right of easement in, o- ver, and across Mineral lot 176 in the City of Dubuque for the sum of one dollar ($1.00) cash, executed on the 27th day of April, 1948, is hereby approved and confirmed by this Board. ayes: Joe Daule Clarence Harnmerand Hubert Donovan Nays: None. Councilman Wharton moved that the Grant and Easement be re- ceived and made a matter of rec- ord. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas — Al a y o r Van Duelinan, C o u n c i l n1 e n 'Moffatt, Murpay, Thompson, Wharton. Nays — None. ORDINANCE NO.14—Q. An Ordinance amending Ordi- nance No.10-37, being "An Ordi- nance regulating the use of vehi- cles upon the streets of the City of Dubuque; designating the provi- sions hereof at the "Traffic Code" of said City, by making certain streets stop intersections and by making certain other streets boule- vards, said ordinance having been passed upon first reading on July 19th, 1948 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 14-48 An Ordinance amending Ordinance NO, 10-37, being "An Ordinance regu- lating the use of vehicles upon the streets of the City of Dubuque; des- ignating the provisions hereof as the "Traffic Code" of said City;" by mak- ing certain streets stop intersections and by making certain other streets boulevards. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That Ordinance No. :0- 37, "An Ordinance regulating the use Of vehicles upon the streets of the City Of Dubuque; designating the pro- visions hereof as the "Traffic Code" Of said City" "PARAGRAPH 609, SECTION' 3" titled ,Xlll Bt�T-T.F- ARDS" Rule 9S be, and the came is !'erehy amended by adding thereto :he following: �. IInt Street from the South I,ite f East 14th Street to the North :line of East 12th Street." "O. 12th Street from the Fast Line f Main Street to the East Tine of l:hrt Street." "P. Jackson Street from the Scutt line of East 14th Street to the N,rt;h i,ine of East 12th Street, Section L. That any and all Ordi- wnces or parts thereof in confli-t herewith are hereby repealed. Section 3. This Ordinance shall be n force and effect ten days from and .fter its final passage, adoption and PPro�"al by the City Council and pub -as h}, law provided. Pas�."d ul"on first reading; this 19th :ay of July, 1945. Passed, adopted and approved anon .:nal reading this 21ld day of August, 1J4S. FRANI. VAN DPI:I,\IAN. Mayor. F. W. THOMPSON. GEO. R. \11:RPHY. ALBERT 'WHARTON. «-. W. 'MOFFATT. Councilmen. Attest: J. J. SHEA, City Cl-rk. Published officially in The Tele- zraph-Herald newspaper this 4th day ,f August, 194S. J. J. SHEA , 4,1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: )'t :1, — Mayor Can Duelnian, C o u n c i l in e n Moffatt, Murphy. Thompson, Wharton. Nays — None. ORDINANCE NO.15-48. An Ordinance amending "Traffic Code" of the City of Dubuque by establishing parking regulations on additional streets and by repealing Ordinances in conflict herewith. said ordinance having been passed ppon first reading on July 19th, 1948, and ordered placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption, was pres- ented for final adoption. ORDINANCE NO. 15,48Tratftc An Ol divan, amending Code" of the t'ity of Dubupue by astablishtng parking regulations on streets. and by repealing additional filet herewith. Ordinances in con Nov Therefore, the City Council Be It Ordained by of the City of Dubuque: Sec. 1. Thai (d), Rule 108, par. 73x6, Sec. 1 �- Ordinance No. 1-39, amended by Ordinances No. 11-47, No. 16-47, No. 20-47 and No. 13-48, be and the same is hereby amended as follows, 346 Regular Session, August 2nd, 1948 Sec. 1. By adding after subdivi- sion "h, ' Sec. 2. Ordinance No, 13-48: "i. Both sides of East 6th Street from Central Avenue to White Street" j. South side of East 7th Street from Washington Street to Jack- son Street." •k. South side of East 9th Street from Washington Street to Jack- sonStreet." Seo 2. Any and all ordinances or parts thereof to conflict herewith are hereby repealed. Sec. '. Thi_ Ordinance shall be in force ane effect ten days from and after its fina: passage, adoption and publication as provided by law. Passed upon first reading this 19th day of Jule, 1948. Passed adopted and approved upon final r- ding this 2nd day of August, 1948. FRAN} VAN DUELMMayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON v- W. MOFFATT Councilmen At -est: i J. SHEA, City Clerk Published officially in The Tele- graph -Herald newspaper this 4th day of August, 1948. J. J. SHEA, 8-4-1t City Clerk Councilman Thompson moved the adoption of the -ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ORDINANCE NO.16-48 An Ordinance providing for the vacation of part of Avoca Street next adjoining Lot 2 of Sub. of Lot 167, Finley's Addition in the City of Dubuque, Iowa, and granting and conveying said alley to John E. Behlmer, said ordinance having been passed upon first read- ing on July 19th, 1948 and or- dered placed on file with the City Clerk for public inspection for at least one week before final inspec- tion, was presented for final adop- tion. ORDINANCE NO. 16-48 An Ordiaanc providing for the va- cation of part of Avoca Street next adjoining; Lot 2 of Sub. of Lot 167, Finley's Addition in the City of Du- buque, l..wa, and granting and con- veying saigI. alley to John E. Behlmer, WRERAS John E. Behlmer hae pehLiuned this Council of the City of Dubuque for the vacation of part of Avoca Street next adjoining Lot 2 o1 Sub. of I:ot 167, Finley's Addition it the City of Dubuque, Iowa; and WHEREAS said part of the street requested to be vacated is now uses In conjunction with Lot 2 of Sub. of Lot 167, Finley's Addition in the Cita of Dubuque, Iowa, and is not ueet for street purposes any longer; and WHEREAS said petitioner is the Dwner of Lot 2 of Sub. of Lot 167, Finley'r Addition in the City of Du- buque, Iowa. NOW, THEREFORE, BE IT OR- DAINED BY the Council of the City Df Dubuque Par. 1 Tha part of Avoca Street next ndiei ffir Lot 2 of Sub. of Lot 167, Finley's Addition, described as follows commencing at the southeast corner or sair Lot, thence easterly 30.95 feet, thence northerly 79.08 feet, thence southerly 108.7 feet to the place of beginning, the same being platted at the part of Avoca Street, but not being so used at this time, be and the same is hereby vacated. Par. 2. That, in consideration of the sum of $5r.30, the receipt whereof is hereby acknowledged, said portion of Avocn Street, hereinbefore de- scribed, is hereby granted to John E. Behlmer, and said Grantee shall cause the samt to b platted by giving the same a distinct lot description and, thereupon, th.: Mayor and Clerk shall convey said premises to said Grantee by Quit Clain Deed for and on be- half of the Cit-, of Dubuque. Par. 3 Tha' the Clerk be and he Is hereby directed to record this Or- dinance in the- office of the Recorder of Dubuque Ccunty, Iowa. Par. 4. Thi Ordinance shall be in force and effect ten days from and after its fins, passage and adoption and pubileatio__ as provided by law. Passed upon first reading this 19th day of July 1948. Passed, adopted and approved upon final reading this 2nd day of August, 1948. FRANP VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W W MOFFATT Councilmen Attest: .l J. SHEA, City Clerk Publishes' officially in The Tele- graph Herald newspaper this 4th day of August 1948. J. J.SHEA 8-4-1t City Clerk Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays — None. - Meeting July 20, 1948. In accordance with Section 405.- 13 05:13 and Section 405.18, and a notice to the members of the Board of Directors of the Independent School District of Dubuque, the Board of Supervisors of Dubuque County and the members of the City Council of City of Dubuque, Iowa, a meeting was held in the City Hall, 13th & Central Ave., Dubuque, Iowa, at the hour of 7:30 P.M. Mr. Frank Van Duelman, Mayor of the City of Dubuque, Iowa, pre- sided. Regular Session, August 2nd, 1948 347 Present: Messrs. Leo T. Gregory, Frank T. Hardie, T. W. Landschulz, Harold J. Nachtman, members of the City of Dubuque Board of Edu- cation. Messrs. W. W. Moffatt, George R. Murphy, F. W. Thompson, Frank Van Duelman, members of the Dubuque City Council. Messrs. Joe Baule, Hubert Dono- van, members of the Dubuque County Board of Supervisors. The proposed budget for the of- fice of the City Assessor for the year 1949 was read by the Secre- tary, H. J. Hanover. Upon motion of Hubert Donovan, and second by Frank W. Thompson, the salary of John C. Nelson was raised $300.00 per year, from $3000. - to $3300.00. All present voting yea. Upon motion by Joe Baule and second by T. W. Landschulz, George J. Schaffhauser is appoint- ed a member of the Board of Re- view for a term of four years, com- mencing in 1949 through 1952. All present voting yea. Upon motion by Harold J. Nacht- man and second by George R. Mur- phy, the salary of Clem Manemann, John McQuillan, and Carl A. Clark is set at $4,000.00 for the year 1949. All present voting yea. Upon motion by T. W. Land- schulz and second by George R. Murphy, the salary of each mem- ber of the Board of Review for the twenty five working days during the month of May 1949, is set at $12.00 per day. Contingency esti- mated ten days after May 31, 1949, If necessary, at $12.00 per day. All Present voting yea. dependent School District of Dubuque: ADMINISTRATIVE 1 Assessor ........................ $6,000.00 3 Deputy Assessors ........ 12,000.00 1 Deputy Assessor ........ 3,300.00 $21,3000.00 OFFICE PERSONNEL 1 Clerk and Stenographer ................ ................. I...................... 2,700.00 OFFICE EXPENSE Office supplies .................... 300.00 Telephone & Tolls ............ 76.00 Postage ................................ 100.00 Auto Mileage ...................... 100.00 Miscellaneous ...................... 700.00 .......................................... 1,275.00 Office Equipment .................. 500.00 Examining Board ................ 150.00 Five Members Board of Review.... ............................................ 1,500.00 25 days at $12.00. Board of Review (Contingency).... ....................................... 600.00 10 days at $12.00. Board of Review (Mileage for Insp.)100.00 .............................. ....... I ......................................2,200.00 Assessment Appeals Expense Fund ....................2,000.00 Old Age Suvivorship System Tax ...............................249.00 Grand Total ....................$30,374.00 It was duly ordered that the meet- ing adjourn. HARRY J. HANOVER, Secretary. Councilman Wharton moved that the minutes be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Upon motion by W. W. Moffatt and second by T. M. Landschulz, the balance of the proposed budg- et for the City Assessor's office for the year 1949 is approved. All present voting yea. The revised budget for the of- fice of City Assessor for the year 1949 as voted by the three taxing bodies, City Council of the City of Dubuque, Board of Supervisors of Dubuque County, and Directors of the Board of Education of the In - .Ml Nays — None. July 27, 1948. To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: The petitions of the W D'D eck- ert Co., Dubuque Auto Supply Co., and the C. E. Kleis Co., relating to the parking congestion on East al Street between White Street has rbeenvenn and - 348 Regular Session, August 2nd, 1948 ferred to me for investigation and report. I have made an investigation and herewith recommend that East 9th Street on the North and South sides between Central Ave- nue and White Streets be restrict- ed to two-hour parking. between the hours of 9:00 A.M. and 6:00 P.M. Respectfully yours, JOS. H. STRUB Chief of Police Councilman Murphy moved that the recommendation of Chief of Police Strub be approved. Second- ed by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of June, 1948, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. July 20, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of June, 1948, also list of claims and list of payrolls for which war- rants were issued for the month of June, 1948. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Coun. cilman Moffatt. Carried by the fol. lowing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. :Nays — None. r August 2, 1948. Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Improvement of Cherokee Drive has been completed by the Dubuque Homes Incorporated in accordance with the Resolution No. 123-47 aclonted by the City Council Sept. 2, 1947. I recommend that this work be accepted by the Council and that the bond filed by Dubuque Homes Incorporated to insure the comple• tion of this job be released as of this date. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Wharton moved that the recommendation of City Man- ager be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. August 2, 1948. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The operation of the new Muni- cipal Airport will require the use of snow removal equipment. I recommend that sealed bids be solicited from manufacturers or manufacturers' agents for the furnishing of one blower type snow removal machine capable of blow- ing snow the full width of the 150 foot paved runway. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. August 2, 1948. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of July 19th the bids for the improvement of James .a. 1Zcgular Session, August 2nd, 1948 349 Street by widening 10' on the west West a rbli estThird Street toa point 450 feet south were rejected be- cause of the irregularity in the bid. I was instructed to negotiate a contract on the basis of the lowest bid received. Herewith submitted is a corrected proposal for such negotiated contract. I recommend that the contract fo the improvement of James Street be awarded the K—M Construc- tion Company on the basis of this negotiated proposal. Respectfully submitted. A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Awarding Contract) RESOLUTION NO.179-48 WHEREAS, proposals have been submitted by contractors for the improvement of James Street by widening 10' on the west side from the south curb line of West Third Street to a point 450 feet south Pursuant to Resolution No. 58-48, and K—M Construction Co., con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to K—M Construction 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 this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 2nd, 1948. Councilman Moffatt moved that the resolution be approved and Placed on file for one week. Sec• onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson 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 Murphy. Carried by the fol- lowing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. July 22, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: . Referring to attached petition of Mrs. H. L. Dean et. al, requesting extension of the Multiple Family District on the north side of West Fifth St. from a point on the east line of Paulina St. extended to Alpine St., the Planning & Zoning Commission studied the situation and concluded there was no gener. al need for the change requested, there being no other multiple house prospects in the area affected. Therefore the Planning & ZOn- ing Commission respectfully recom- menus denial of the petition. Yours truly, THE DUBUQUE PLANNING & ZONING COMMISSION. By Richard V. McKay, Secretary Attorney Frank Gilloon ad- dressed the Council stating that he represented Miss Grace Nagle and requested that the petition be granted. Councilman Murphy moved that the communication O the Planning and Zoning Commis- sion be referred to the Council to view the grounds. Seconded by Councilman Wharton. Carried by the following Yeas — M a y o r an Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. 350 Regular Session, August 2nd, 1948 July 22, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning & Zoning Commsi- sion wishes to advise your honor- able body that Mr. Charles V. Howes et. al. at a meeting of the Planning & Zoning Commission and University authorities ex- pressed a desire to withdraw the petition of July 9, 1948. The Planning & Zoning Commis- sion respectfully recommends that he be allowed to withdraw the peti- tion without prejudice. Yours truly, THE DUBUQUE PLANNING & ZONING COMMISSION. By Richard V. McKay, Secretary. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be re- ceived and made a matter of rec- ord. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO.180-48 Whereas, certain Ordinances were passed by the City of Dubuque granting to the Illinois Central Railroad Company and its Predecessors and to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and its prede- cessors the right to lay tracks o- ver, across and upon Railroad Ave- nue in the City of Dubuque and providing that said Railroad Ave- nue was to be so graded as to afford easy passage for vehicles over said tracks; and Whereas, this City Council has made an investigation as to the existing conditions of the railroad crossing at Railroad Avenue; and Whereas, this City Council is of the opinion that it is for the good of the public and necessary that said Railroad Companys shall be required to construct crossings for vehicles crossing said tracks at Railroad Avenue; and Whereas, the Ordinances above referred to granted the rights to said Railroad Companys to lay railroad tracks over, across and upon Railroad Avenue upon the, condition that the street was to be so graded as to afford easy passage for vehicles over said rail- road tracks. Now, Therefore, Be It Resolved by the City Coun. cil of the City of Dubuque: Sec. 1. That the Illinois Central Railroad Company be and it is hereby ordered and directed to con- struct over, upon and across its railroad tracks at Railroad Avenue, Dubuque, Iowa, a crossing so grad- ed and constructed as to afford easy passage for vehicles traveling over said crossing, within thirty days after the time a copy of this Resolution is served upon said Company, and that if you fail or refuse to so construct a crossing as aforesaid, the work will be done by the City of Dubuque, and the expense thereof will be assessed against the property of said Illinois Central Railroad Company as pro- vided by law. Sec. 2. That the Chicago, Mil- waukee, St. Paul and Pacific Rail- road Company be and it is hereby ordered and directed to construct over, upon and across its railroad tracks at Railroad Avenue, Dubu- que, Iowa, a crossing so graded and constructed as to afford easy passage for vehicles traveling o- ver said crossing, within thirty days after the time a copy of this Resolution is served upon said Company, and that if you fail or refuse to so construct a crossing as aforesaid, the work will be done by the City of Dubuque, and the expense thereof will be assessed against the property of said Chi- cago, Milwaukee, St. Paul, and Pacific Railroad Company as pro- vided by law. Passed, adopted and approved this 2nd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second. ed by Councilman Murphy. Carried by the following vote: Regular Session, August and, 1948 331 Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Resolution No. 181-48. Prelimi- nary approval of plans, specifica- tions, form of contract, plat and schedule and all other documents for the improvement of Dunleith Street from the west property line of Southern Avenue to end, pre- sented and read. Councilman Whar- ton moved the adoption of the reso- lution. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and a- gainst all priviately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec tial benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out (Necessity for improvement.) of each of such funds. Bonds shall RESOLUTION NO.182-48 be issued and sold in anticipation WHEREAS, proposed plans, of deferred payments of assess- speciYicationa, form of contract, ments when a contract has been plat and schedule have been duly performed and accepted and the prepared and approved by the City proceeds thereof used to pay the Council of the City of Dubuque and contractor. The railway portion of any street or assessment district are now on file in the office of the shall be assessed to and paid by City Clerk showing among other the railway company. things the following: 1. The boundaries of the district, The above resolution was intro. if any. duced, approved and ordered 2. The streets to be improved. placed on file with the City Clerk 3. The width of such improve- this 2nd day of August, 1948. ment. Approved and placed on file for 4. Each lot proposed to be final action. assessed together with a valuation I Approved: fixed by the Council. FRANK VAN DUELMAN 5. An estimate of the cost of Mayor. the proposed improvement, stating F. W. THOMPSON the same for each different type GEO. R. MURPHY of construction and kind of materi- ALBERT WHARTON als to be used. W. W. MOFFATT 6. In each case the amount there- Councilmen. of which is estimated to be Attest: J. J. SHEA assessed against each lot, for the City Clerk. improvement of Dunleith Street from the west property line of Southern Avenue to end. 'BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it ad- visable and necessary for the pub- lic welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Councilman Thompson moved that the resolution be approved and placed on file for final action. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. (Fixing date of hearing) RESOLUTION N0.183-48. of WHEREAS, the City the City of Dubuque, Iowa, has by Resolution No. 181-48• given its 352 Regular Session, August 2nd, 1:948 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 Dubleith Street from the west property line of Southern Avenue to end and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RE- SOLVED that on the 23rd day of August, 1948, 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 own- ers of property subject to assess- ment for the proposed improvement may appear and make objection to the proposed plans and specifi- cations and proposed form of con- tract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear. ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 2nd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the a- doption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Resolution NO. 184-48. Prelimi- nary approval of plans, specifica- tions, form of contract, plat and schedule and all other documents for the improvement of Mount Lor- etta Avenue from the east proper- ty line of Bryant Street to 181 feet east of the east property line of McLenan Street, presented and read. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen lioffatt, Murphy, Thompson, Wharton. Nays — None. (Necessity for improvement.) RESOLUTION NO.185-48. WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improvement of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east property line of Mc- Lenan Street. Regular Session, August 2nd, I948 353 BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it ad- visable and necessary for the pub- lic welfare to make the herein mentioned improvement, and un- less property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepayed there- for by the City Engineer which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making said im- provement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the a- mount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in pro- portion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when the work has been complet- ed and an itemized, verified state- ment of expenditures for materials and labor used in making such im- provement has been filed with the Clerk and the proceeds thereof used to pay such expenses. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of August, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelmau, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Fixing date of hearing) RESOLUTION N0.186--48. WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution NO.184-48 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 Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east property line of Me- Lenan Street and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, and, BE IT THEREFORE RE- SOLVED that on the 23rd day of August, 1948, 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 ofproperty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boun- daries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to bepublished ubl she dthe some newspaper published city of Dubuque, the last of which shall be not less than ( two 2prior to more than four (4) weeks 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 hall the proposed assessment, they have been deemed to have wwaivled all objections thereto, 354 Regular Session, August 2nd, 1948 hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 2nd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO.187-48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to is. sue such permit on behalf of said City. NAME AND ADDRESS Herbert J. Fisher, 101 Main St. Canfield Hotel, 34-36 West 4th St. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 2nd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION N0.188-48 WHEREAS, applications for Beer permits have been submitted to the Council for approval and the same have been examined. NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be grant- ed and the licenses are to be is- sued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Harry J. Murphy and Dorothy Murphy, 1097 Jackson Street. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Gilbert J. Nicks and Josephine Nicks, 103 East 22nd Street. Justin L. Johanningmeier, 1879- 1881 Central Avenue. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Ave. CLASS "B" PERMIT FOR PRIVATE CLUB Luxemburg Club of Dubuque, Iowa, 1832-68 Central Avenue. CLASS "C" PERMIT Vincent B. Schwartz, 1105 Walnut Street. Peter Klauer, 2700 Jackson St. Passed, adopted and approved this 2nd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, 'Phompson, Wharton. Nays — None. RESOLUTION NO.189-48 WHEREAS, heretofore applicar tions 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 Regular Session, August and, 1948 355 City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Harry J. Murphy and Dorothy Murphy, 1097 Jackson Street. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Gilbert J. Nicks and Josephine Nicks, 103 East 22nd Street. Justin L. Johanningmeier, 1879- 1881 Central Avenue. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Ave. Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. J. J. SHEA City Clerk.. y Approved...3119199 Adopted Q�.114;' 449 4�4 Councilmen: CLASS "B" PERMIT Attest FOR PRIVATE CLUB Luxemburg Club of Dubuque, Iowa, 1832-68 Central Avenue. Longview Ski Club, 34-36 West 4th Street. CLASS "C" PERMIT Vincent B. Schwartz, 1105 Wal- nut Street. Peter Klauer, 2700 Jackson St. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 2nd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON ALBERT WHARTON W. W. MOFFATT GEO. R. MURPHY Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman, city 356 Special Session, August 2nd, i9_}8 Board of Health (OFFICIAL.) Special Session, August 2nd, 1948. Board met at 9:50 P.M. Present — Chairman Frank Van Duelman, Messrs. W. W. Moffatt, Geo. R. Murphy, F. W. Thompson, Albert Wharton, City Manager Rhomberg. SPECIAL ORDER, AND NOTICE FROM BOARD OF HEALTH To Alfred and Lucille Bleile, - 2524 Elm Street, Dubuque, Iowa. You are hereby notified that on he 2nd day of August, 1948, the ocal Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and re- move the outside water closet, privy or private vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and to have facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said resolu- tion, a copy of which is herein set out and is as follows: Resolution NO.190-48. RESOLUTION OF THE BOARD HEALTH Be it resolved by the Board of Health of the City of Dubuque, Io- wa, that it is deemed necessary that Lot Number 1 of 74, 1 of 75, E. Langworthy Add., owned by Al. fred and Lucille Bleile, be connect- ed with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sani- tary sewer. Be it further resolved that said Alfred and Lucille Bleile be noti- fied to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be cou- nected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connec. tions made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said Alfred and Lucille Bleile be noti- fied of the action of this Board by the service of a written notice to- gether with a copy of this resolu- tion. Failure to comply with the terms hereof within the time stat. ed shall be followed by prosecu- tion or such other action as the Council or Board of Health may de- termine. Dated this 2nd day of August, 1948. Attest: J. J. SHEA City Clerk. FRANK VAN DUELMAN Mayor. You are further notified that pro- secution will follow a failure to comply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: ALBERT J. ENTRINGER Health Officer. Mr. F. W. Thompson moved the adoption of the resolution. Second- ed by Mr. W. W. Moffatt. Carried by the following vote: Yeas — Chairman Frank Van Duelman, Messrs. W. W. Moffatt, Geo. R. Murphy, F. W. Thompson, Albert Wharton. Nays — None. There being no further business Mr. Geo. R. Murphy moved that the Board of Health meeting ad+ journ. Seconded by Mr. W. W. Mof- fatt. Carried by the following vote:, Yeas — Chairman Frank Van Duelman, Messrs. W. W. Moffatt, Geo. R. Murphy, F. W. Thompson, Albert Wharton. Nays — None. . J. SHEA Clerk, Board of Approved Adopted Bd. of Health G' i Attest: + ,Board of Health. 4Qrj Special Session, August 9th, 19.18 357 City Council (OFFICIAL) Special Session, August 9th, 1948. Council met at 7:30 P.M. Present — Mayor Van Duelman, C o u n c i l m e n Murphy, Thomp- son, Wharton. City Manager Rhom- berg. Absent—Councilman Moffatt. Meeting called by order of Coun- cilmen Thompson and Wharton. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of conducting public hearings upon the plans, specifications, form of contract, cost of improvement and resolution of necessity for the con- struction of storm sewerage sys- tem, curb and gutter and street surfacing for streets in the Hill- crest Annexation Assessment Dis- trict, also on the plans, specifica- tions, form of contract and cost of improvement for two electric driven two-stage centrifugal pump- ing units complete for the Eagle Point Pumping Station, also for considering bids submitted for the construction of the Jackson Street Storm Sewer, for the improvement of Lombard Street, for the im- provement of Platt Street and Platt Street Extension, for the furnishing of two electric driven two-stage centrifugal pumping u- nits for the Eagle Point Pumping Station and acting on any other business as may properly come be- fore a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of a public hearing upon the plans, specifications, form of contract ant cost of improvement for the con- struction of storm sewerage sYs tem, curb and gutter and street sur- facing for the following streets in eluded in the Hillcrest Annexation Assessment District: 1 -- Hillcrelit"Road from the wes property line of Asbury Road t the east property line of Avalo Road. 2 - Mullin Road from the sout property line of Asbury Road t the north property line of Hil crest Road. 3 -- Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 4 -- Chaney Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 5 - Morningview Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 6 - Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 7 -- Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 8 - Valleyview Road from the east property line of Avalon Road to the west property line of Chaney Road. Estimated cost $95,224.19, pre. sented and read. Councilman Murphy moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Proof of publication, certified to by the publishers of notice of pendency of resolution of necessity and hearing upon proposed Plana and specifications, form of contract and cost of improvements for the construction of storm sewerage sys- tem, curb and gutter and street surfacing for the following streets included in the Hillcrest Annexa- tion Assessment District: 1 .- Hillcrest Road from the west property line of Asbury Road to t the east property line of Avalon Road. 2 - Mullin Road from the south property line of Asbury Road to the north property line of 11illcrest Annexation Road. t 3 -. OgiibY Road from tlje Roadsouth o property line of Asbury ton the north property line of Hillcrest Road. 4 - Chaney Road from the south h line of Asbury Road to o Property 1- the north property line of Hillcrest Road. 358 Special Session, Atigust 9th, 1948 5 - Morningview Road from the south property line of Asbury Road to the north property line of Hill- crest Road. G - Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 7 -- Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 8 - Valleyview Road from the east property line of Avalon Road to the west property line of Chaney Road, presented and read. Councilman Thompson moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Petition of E. H. Madison et al, property owners of Avalon Road, objecting to the installation of storm sewers, paving, curbs and gutters because of the inflated cost of materials and labor, also the petition of Richard H. Didesch et al consenting to the installation of curb and gutter and storm sewer on Avalon Road, but objecting to the type of paving on account of cost and the laying of the pave- ment on top of new storm sewer ditch, also the petition of J.G. Schneider et al, property owners on Mullin Road, protesting the pro- posed plan for the improvement of Mullin Road due to the high cost of labor and material and also to the fact that they have been main- taining the upkeep of their road and stating that they are willing to continue the upkeep and main- tenance of their road until such a time when costs are at a more stable level and further asking that Mullin Road be excluded from the proposed improvement of streets in Hillcrest Annexation Assessment District, presented and read. Attorney Edward McDermott representing the property owner; on Mullin Road, addressed the Council requesting that Mullir Road be excluded from the pro posed improvement of streets ii the Iiillcrest Annexation Assess- ment District. Attorney Robert Clewell, representing the Iowa Im- provement Company, addressed the Council stating that the Iowa Im- provement Company have no ob. jections to the elimination of Mul- lin Road from the proposed im- provement of streets in Hillcrest Annexation Assessment District providing that the same does not cause a delay on the balance of the paving project and suggesting that the resolution of necessity be amended to exclude Mullin Road from the proposed improvement of streets in Hillcrest Annexation Assessment District. Councilman Wharton moved that the matter of the proposed improvement of streets in Hillcrest Annexation Assessment District be referred to the City Manager, City Solicitor and City Engineer for the prepa- ration of an amendment to the original resolution of necessity. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Proof of publication, certified to by the publishers, of notice of a public hearing upon the plans and specifications, form of contract and cost of improvement for the fur- nishing of two electric driven two- stage centrifugal pumping units for the existing Eagle Point Pump- ing Station, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the foP lowing vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of bids for the constructing, furnishing, deliv- ering and testing of two electric driven two stage centrifugal pump- ing units for its existing Eagle Point Pumping Station, presented and read. Councilman Wharton moved that the proof of publica- tion be received and filed. Second- Special Session, August 9th, 1948 1 359 ed by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. August 9, 1948. Honorable Mayor and City Council of the City of Dubuque Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., August 9th, 1948, for the furnishing and delivering of two (2) electric driven two stage pump- ing units for the Eagle Point Pump- ing Station. Eight bids were received from five manufacturing firms. The bids have been tabulated and evaluated as provided in the specifications on the attached digest of bids. The best bid received is from the DeLaval Steam Turbine Co. of Trenton, New Jersey. We recom- mend that the contract of furnish- ing the above outlined equipment be awarded to the DeLaval Steam Turbine Co. on the basis of its bid on alternate C at $10,000.00. Respectfully submitted, A. A. RHOMBERG City Manager. J. J. HAIL Superintendent Councilman Wharton moved that the recommendation of City Man- ager Rhomberg and Water Super- intendent Hail be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. bid submitted by any responsible bidder NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the Contract for the Furnishing and Delivering of two (2) electric driven two stage pump- ing units, in the amount of $10,000.- 00 10.000:00 be awarded to the DeLaval Steam Turbine Co. of Trenton, New Jersey. RESOLVED however, that this award shall not be effective until the DeLaval Steam Turbine Co. shall have been notified in writ. ing by the City Manager of such award. BE IT RESOLVED THAT this resolution being deemed urgent and of immediate necessity become ef- fective from and after its final Pas- sage and adoption by the City Council. The above resolution was in- troduced, passed and ordered placed on file with the City Clerk this 9th day of August, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY F. W. THOMPSON ALBERT WHARTON Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved that the resolution be approved and placed oil file for one week with the City Clerk. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Proof of publication, certified to by the publishers, of notice to con- tractors, of the receipt of proposals for the improvement of Platt Street and Platt Street Extension RESOLUTION N0.191-48 from the east curb line of Jame; BE IT RESOLVED by the City Street to the east curb line of Car. Council of the City of Dubuque, diff Street, presented and read Iowa: Councilman Wharton moved that the proof of publication be received WHEREAS, the City of Dubuque, Iowa, has received bids for the and filed. Seconded by Councilman Murphy. Carried by the following Furnishing and Delivering of two (2) electric driven two stage pump- vote: Yeas — Mayor Van Duelman, fug units for its Eagle Point Pump- Councilmen Murphy, Thomp• Ing Station, and son, Wharton. WHEREAS the bid of DeLavel Nays — None. Steam Turbine Co. of Trenton, New absent — Councilman Moffatt. Jersey, is the lowest and best 36o Special Session, August 9th, 1948 Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present In the Council Chamber, who wish es to do so, to address the Coun- cil. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thompson, Wharton. Nays — None. Absent — Councilman Moffatt. Attorney M. H. Cooney, reprep senting Messrs. Carl V. Riley, Theodore Karegan and Mrs. Regina Duggan, addressed the Council stat- ing that they desire to withdraw all objections which they have made and filed against the improvement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street. Mr. H. E. Dilworth addressed the Council stating that he desires to with- draw all objections which he has made and filed against the im- provement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street. August 9, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until ten o'clock A.M. August 9, 1948 for the improvement of Platt Street and Platt Street Extension from James Street to Cardiff Street. Two bids were received as shown on the attached tabulation. The lowest bid exceeds the Engineer's estimate by 4.4 per cent. I recommend that the contract be awarded to the Thos. Flynn Coal Company which is the lower and better bid received. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Bids for the improving of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street. Bid of K—M Con- struction Co.: Earth excavation, 447 Cu. Yds. at $2.10 per Cu. Yd.; Earth fill, 62 Cu. Yds. at $2.10 per Cu. Yd.; 15" culvert, 39 Lin. Ft, at $4.20 per Lin. Ft.; Guard rail, ( Wood Post -Steel Cable) 400 Lin. Ft. at $1.05 per Lin Ft.; Stand- ard Concrete Catch Basins com- plete, 2 at $236.25 each; 6" con- crete with integral curb, 1857 Sq. Yds. at $4.75 per Sq. Yd. Bid of Thos. Flynn Coal Co.: Earth excavation 447 Cu. Yds at 1.00 per Cu. Yd.; Earth fill, 62 Cu. Yds. at $1.00 per Cu. Yd.; 15" culvert, 39 Lin. Ft. at $5.00 per Lin. Ft.; Guard rail, (wood Post -Steel Cable) 400 Lin. Ft. at $2.00 per Lin. Ft.; Con- crete headwall for 15" culvert 1 each at $250.00; Radius curb, 47 Lin. Ft. at $4.00 per Lin. Ft.; Standard Concrete catch basin com- plete, 2 at $150.00 each; 6" con- crete with integral curb, 1857 Sq. Yds. at $4.50 per Sq. Yd. (Awarding Contract) RESOLUTION NO.192--118 WHEREAS, proposals have been submitted by contractors for the improvement of Platt Street and Platt Street Extention from the east curb line of James Street to the east curb line of Cardiff Street, pursuant to Resolution NO.152-48, and Thos. Flynn Coal Company, contractor, has submitted the low- est bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now, therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos. Flynn Coal Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Special Session, August 9th, 1948 361 Approved and placed on file for one week on August 9th, 1948. Councilman Thompson moved that the resolution be approved and placed on file for one week. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane, presented and read. Council- man Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent —Councilman Moffatt. August 9, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until ten o'clock A.M. August 9, 1948 for the improvement of Lombard Street from Gandolfo Street to a point 100 feet east of Meadow Lane. Two bids were received as shown on the attached tabulation. The lower bid exceeds the Engi- neer's estimate by 16.8 per cent. I recommend that the contract for the work be awarded to the Thos. Flynn Coal Company which is the lower and better bid re- ceived. Bids for the improvement of Lombard Street from the east prop- erty line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane. Bid of K—M Con- struction Co.: Earth excavation, 2091 Cu. Yds. at 2.10 per Cu. Yd.; Concrete driveways, 18 Sq. Yds. at 5.50 per Sq. Yd.; Concrete tile reinforced, 15 Lin. Ft. at $4.20 per Lin. Ft.; Combination curb and gutter, 2535 Lin. Ft. at 3.15 per Lin. Ft.; Radius curb and gutter, 262 Lin Ft. at $3.40 per Lin. Ft.; Standard reinforced concrete catch basins, 1 at $236.25; Trees removed $10.50 each. Bid of Thos. Flynn Coal Co.: Earth excavation, 2091 Cu. Yds. at $1.00 per Cu. Yd.; Con- crete driveways, 18 Sq. Yds. at 4.50 per Sq. Yd.; Concrete tile rein- forced, 15 Lin. Ft. at $4.20 per Lin. Ft.; Combination curb and gutter, 2535 Lin. Ft. at $3.00 per Lin. Ft.; Radius curb and gutter, 262 Lin. Ft. at $3.00 per Lin. Ft.; Standard re- inforced concrete catch basins,1 at $150.00; Trees removed $10.00 each. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. (Awarding Contract) RESOLUTION NO.193--48 WHEREAS, proposals have been submitted by contractors for the improvement of Lombard Street from the east property line of Gan- dolfo Street to 100 feet east of the east property line of Meadow Lane, pursuant to Resolution N0.154-45, and Thos. Flynn Coal Company, contractor, has submitted the low- est bid for the furnishing of all labor and materials and performing the work as provided for in tha plans and specifications: now there- fore, V BE IT RESOLED by the City Council of the City of Dubuque that the contract for the above mentioned iniprovement be award- ed d- ed to Thos. Flynn Coal and the Manager be and he is liere- by directed to execute a Dubuque foontract r behalf of the City operformance of Yor the complete said work. BE IT FURTHER RESOLVEll that this resolution being deemed urgent and of immediate necessity 362 Special Session, August 9th, 1948 become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 9th, 1948. Councilman Thompson moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Murphy, Thompson, Wharton. Nays - None. Absent - Councilman Moffatt. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the construction of the Jackson Street Storm Sewer from the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the center of Diamond Street; thence on the center line of Diamond Street to the east property line of Central Avenue; thence along the east sidewalk line of Central Avenue to a point 205.3 feet north of the cen- ter of Diamond Street, presented and read. Councilman Wharton moved that the proof of publica+ tion be received and filed. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas - M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays - None. Absent - Councilman Moffatt. Bids for the construction of the Jackson Street Storm Sewer. Bid of the Clinton Engineering Co.: 20 Lin. Ft. 24 inch reinforced con- crete sewer pipe at $6.36 per Lin. Ft.; 42 Lin. Ft. 18 inch reinforced concrete sewer pipe at $5.00 per Lin. Ft.; 110 Lin. Ft. 12 inch vitri- fied tile pipe at $4.00 per Lin. Ft.; 5 brick manholes at $170.00 each; 8 concrete catch basins complete Type A at 400.00 each; 18 Sq. Yds. 8" reinforced concrete pavement at $5.00 per Sq. Yd.; 8 Lin. Ft. sep- arate curb at $1.50 per Lin. Ft.; 1 stump removal at $60.00 ; 1 con- crete catch basin complete Type B at $300.00; 7009 Sq. Ft. concrete sidewalk 4" depth at 50 cents per Sq. Ft.; 436 Sq. Ft. concrete side- walk 6" depth at 65 cents per Sq. Ft.; 18 Sq. Yds. brick pavement with 8" reinforced concrete base at $6.00 per Sq. Yd; 21 Yds. asphalt pavement with 8" reinforced con- crete base at $6.00 per Sq. Yd.: 546 Cu. Yds, sand in place at $2.50 per Cu. Yd.; 1 tree removal at $200.00. Bid of M. L. Gaber Construction Co.: 2045 Lin Ft. 24 inch reinforced concrete sewer pipe at $8.65 per Lin. Ft.; 42 Lin Ft. 18 inch reinforced concrete sewer pipe at 7.50 per Lin. Ft.; 110 Lin. Ft. 12 inch vitrified tile pipe at $4.20 per Lin. Ft.; 5 brick man- holes at $110.00 each; 8 concrete catch basins complete Type A at $100.00 each; 18 Sq. Yds. 8" rein- forced concrete pavement at $7.00 per Sq. Yd.; 8 Lin. Ft. separate curb at $3.00 per Lin. Ft.; 1 stump removal at $35.00; 546 Cu. Yds. sand in place at 50 cents per Cu. Yd.; 1 tree removal at $100.00; 1 concrete catch basin complete Type B at $100.00; 7009 Sq. Ft. concrete sidewalk 4" depth at 55 cents per Sq. Ft.; 436 Sq. Ft. con- crete sidewalk 6" depth at 75 cents per Sq. Ft.; 18 Sq. Yds. brick pave- ment with 8" reinforced concrete base at $7.00 per Sq. Yd.; 21 Sq. Yds. asphalt pavement with 8" re- inforced concrete base at $10.00 per Sq. Yd. Bid of Thos. Flynn Coal Co.: 2045 Lin. Ft. 24 inch reinforced concrete sewer pipe at $10.00 per Lin. Ft.: 42 Lin. Ft. 18 inch re- inforced concrete sewer pipe at $5.00 per Lin. Ft.; 110 Lin. Ft. 12 inch vitrified the pipe at $4.00 per Lin. Ft.; 5 brick manholes at $100.- 00 100:00 each; 8 concrete catch basins complete Type A, at $125.00 each; 18 Sq. Yds 8" reinforced concrete pavement at $5.00 per Sq. Yd.; 8 Lin. Ft. separate curb at $2.50 per Lin. Ft.; 1 stump removal at $20.00; 546 Cu. Yds. sand in place at $1.00 per Cu. Yd.; 1 tree remov- al at $100.00; 1 concrete catch ba- sin complete Type B at $250.00; 7009 Sq. Ft. concrete sidewalk 4" depth at 50 cents per Sq. Ft.; 436 Sq. Ft. concrete sidewalk 6" depth at 60 cents per Sq. Ft.; 18 Sq. Yds• brick pavement with 8" reinforced concrete base at $5.00 per Sq. Yd.; 21 Sq. Yds, asphalt pavement with 8" reinforced concrete base at $5.00 per Sq. Yd. Special Session, 'August 9th, 1948 63 August 9, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Pursuant to your instructions sealed bids were received until ten o'clock A.M. August 9, 1948 for the construction of the Jackson Street Sewer. Three bids were received as shown on the attached tabula- tion. The lowest bid exceeds the Engineer's estimate by 26.77 per cent. I recommend that the contract for this project be awarded to the Clinton Engineering Company whose bid was the lowest and best received. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a y o r Van Duelman, C o u n c f I in e n Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 9th, 1948. Councilman Murphy moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. (Awarding Contract) RESOLUTION NO.194-48 WHEREAS, proposals have been submitted by contractors for the construction of the Jackson Street Storm Sewer from the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the center of Diamond Street; thence on the center line of Dia- mond Street to the east property line of Central Avenue; thence a- long the east sidewalk line of Cen- tral Avenue to a point 205.3 feet north of the center of Diamond Street, pursuant to Resolution No. 156-48, and Clinton Engineering Company, Clinton, Iowa, contrac- tor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Clinton Engineering Com- pany, Clinton, Iowa, and the Man. ager be and he is hereby directed Communication of Elmer Meloy making application for a permit to blast rock on Lots 22, 23 and 24 of Rosedale Addition at the south. west corner of Rosedale Avenue and Wood Street and also sub. mitting for approval a Blasting Bond in the amount of $5,000,00 for approval, presented and read. Councilman Wharton moved that the permit be granted and the blasting bond approved and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Petition of Loras College request- ing the City of Dubuque to accept the ownership and maintenance of the water and sewer mains con- structed in Cox Street from the Refectory Building to Loras Boule- vard, presented and read. Council- man Murphy moved that the re- quest be granted and the proper proceedings ordered prepared. Sec- onded by Councilman Wharton. Car- ried by the follongs otDuelman, Yeas — MayorThomp- son, Murphy, son, Wharton. Nays — None. Absent — Councilman Moffatt. quest- ingetheon of oral; Cege vacation of Hellena (Place and the conveying of same to the abutting owners in proportion to their respective frontages. present- 364 Special Session, August 9til, 1948 ed and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Com- mission for their recommendation and report. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Petition of Mrs. Leo Theis et al requesting the placing of a street light on the corner of Ascension and Thomas Streets, presented and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Petition of Sumner E. Gates sub- mitting application for authority to connect Lot 8 of Block 5 Hill- crest Park with the sanitary sewer and submitting attached receipt from the Iowa Improvement Com- pany in acknowledgment of pay- inent of his proportionate share for the construction of the sewer in Hillcrest Addition, presented and read. Councilman Murphy moved that the application be granted. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Petition of Ray Irwin and Paul Megonigle requesting a refund in the amount of $75.00 on the un- expired portion of their cigarette permit No.92 as they have discon- tinued business on July 24, 1948, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Ray Irwin and Paul Megonigle to cover the amount of refund granted on the unexpired portion of their cigarette permit No.92. See- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Notice of Garnishment and In- terrogatories of The Key City Gas Company, Plaintiff, vs. Mancini, Ventrella & Sons, Joseph Ventrel- la and Angelo D. Ventrella, Defend- ant, presented and read. Council- man Murphy moved that the notice be referred to the City Solicitor. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. August 4, 1948. To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: A petition relative to the park- ing congestion on Locust Street, between Jones and Second Street; and First Street, between Locust Street and Bluff Street has been referred to me for investigation and report. I have made an investigation of the congestion in this area and I herewith make the following recom- mendations: That parking be restricted to two hours parking between the hours of 9:00 A.M. and 6:00 P.M. on Locust Street, between Jones Street and West Fourth Street; and on West First Street between Locust Street and Bluff Street. Respectfully yours, JOSEPH H. STRUB Chief of Police Councilman Wharton moved that the recommendation of Chief of Police Strub be approved. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. Ordinance No.17-48. An Ordi- nance amending "Traffic Code" of the City of Dubuque by establish- ing parking regulations on addi- tional streets. Councilman Thomp- y yK. Special Session, August 9th, 1948 365 son moved that the reading just had August 9, 1948. be considered the first reading of Honorable Mayor and the ordinance. Seconded by Coun- Members of the City Council cilman Murphy. Carried by the fol- Dubuque, Iowa lowing vote: Gentlemen: Yeas — M a y o r Van Duelman, With reference to the communi. Councilmen Murphy, Thomp- cation referred to me May 10, 1948, son, Wharton. which was filed by Martha Mar - Nays — None. lin on May 6, 1948, notifying the Absent — Councilman Moffatt. City that on March 7, 1948, she slipped and fell on an icy sidewalk Councilman Thompson moved on the corner of 9th and Locust that the rules be suspended requir- Street and sustained injuries to her ing an ordinance to be read on head and spine which caused her three separate days. Seconded by to be hospitalized and absent from Councilman Wharton. Carried by work for nearly three weeks. I the following vote: have talked with this claimant and Yeas — M a y o r Van Duelman, from her conversation and the Councilmen Murphy, Thomp- nature of the communication, the son, Wharton. sauce is not a claim and was not intended by her to be such at the Nays —None. time it was filed. Absent —Councilman Moffatt. I recommend that this report be Councilman Thompson moved filed with her communication. that the ordinance be placed on Yours truly, file with the City Clerk for public JOHN J. KINTZINGER Inspection for at least one week City Solicitor. before its final adoption. Seconded by Councilman Murphy. Carried Councilman Murphy moved that by the following vote: the recommendation of City Soli - Yeas — Mayor Van Duelman, citor Kintzinger be approved. Councilmen Murphy Thompson, Seconded by Councilman Wharton. Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Nays—Nome. Councilmen Murphy, Thomp- Absent—Councilman Moffatt. son, Wharton. August 9, 1943. Nays — None. To the Honorable Mayor Absent — Councilman Moffatt. and City Council, August 9, 1943. Dubuque, Iowa. Honorable Mayor and Gentlemen: Member of the City Council This is to advise that I have ap- Dubuque, Iowa proved the following bond and de- Gentlemen: sire to have your approval on same With reference to the action now for filing: pending in the District Court of EXCAVATION Dubuque County, Iowa, entitled Linehan & Molo, 135 West 5th St., Martha McNamer vs. City of Bond No.28214-12-583-38, U.S. Fideli- Dubuque for $2500.00 damages re- ty & Guaranty Co. ceived on or about January 14. Respectfully submitted, 1948, when plaintiff fell while walk - A. A. RHOMBERG, ing on the regular walk used ou City Manager. East 12th Street, it appears that the place where she fell was in a dan- Councilrnan Murphy moved that gerous condition because of a rough the bond be approved and placed uneven mass of frozen ice, and on file. Seconded by Councilman that she received a fracture of nz ,lc Wharton. Carried by the following of the left humerus, being part of vote: the arm to the shoulder, which ne- Yeas — M a y o r Van Duelman, cessitated medical care and atten- and loss of C o u n c i l m e n Murphy, Thomp- tion and hospitalization from work, being laid up a, son, Wharton. time bout eleven weeks. After rf Nays — None. with her .attorneys, plaintiff Absent.— Councilman Moffatt. ence 366 Special Session., August 9th, 19x.8 has agreed to accept $375.00 in full payment of her cause of action against the City of Dubuque. I recommend that her claim be allowed in the sum of $375.00, and that a warrant be delivered to Kenline, Roedell, Hoffmann, & Rey- nolds for said amount upon deliv- ery to the City of a release properly executed by plaintiff and upon dismissal of her action in the District Court. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Wharton moved that the recommendation of City SOIi- citor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $375.00 in favor of Kenline, Roedell, Hoff- mann & Reynolds, Attorneys, as settlement in full of the claim and action and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release and upon dismissal of the action now pending in the District Court. Seconded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. (Awarding Contract) RESOLUTION NO.178-48. WHEREAS, proposals have been submitted by contractors for the construction of a sanitary sewer of eight (8) inch diameter in Semi- nary Street from the West Cor- poration Line to 165 feet east of the east property line of St. Am- brose Street, pursuant to Resolu- tion NO.143-48, and Thos. Flynn Coal Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for In the plans and specifications, now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to Thos. Flynn Coal 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 this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 2nd, 1948. Passed and adopted this 9th day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — M a y o r Van • Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. (Awarding Contract) RESOLUTION NO.179-48. WHEREAS, proposals have been submitted by contractors for the improvement of James Street by widening 10' on the west side from the south curb line of West 3rd Street to a point 450 feet south, pursuant to Resolution No.58-48, and K—M Construction Co., con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to K—M Construction Co., and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 2ndr 1948. Special Session, August 9th, 1948 367 Passed and adopted this 9th day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON Councilmen Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. RESOLUTION NO.195-48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS Leo R. Bonz and Rebecca Bonz, 310 East 30th Street. John Ostrowski, 399 East 20th Street. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 9th day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays —None. Absent — Councilman Moffatt. this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. RESOLUTION N0.196-48 WHEREAS, applications for Beer Permits have been submitted to CLASS "B" PERMIT NAME AND ADDRESS John Ostrowski, 399 East 20th Street. Leo R. Bonz and Rebecca Bonz, 310 East 30th Street. Passed, adopted and approved this 9th day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON Councilmen Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. RESOLUTION N0.197-48 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approv- al of this Council; and WHEREAS, the premise.-, to thave occupied by such app been inspected and found to com- ply with the have ordinances filed aof this City and they per bond: NOW. THEREFORE, Coun- BE IT RESOLVED by the cil of the City of Dubuque that the Manager be and he is hereby di- rected t0 issue �t the BeeroPermit. named applicants a CLASS "B" PERMIT NAME AND ADDRESS John Ostrowski, 399 East 20th Street. Rebecca Bonz, Leo R. Bonz and 310 East 30th Street. BE IT FURTHER It uch aPPh� OLVE that the bonds filed by s cants be and the same are hereby approved. J 3G8 Special Session, August 9th, 1948 Passed, adopted and approved this 9th day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Secon- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Murphy, Thomp- son, Wharton. Nays — None. Absent — Councilman Moffatt. J. J. SHEA City Clerk. Approved �/rte, 1 49 Adopted J..,., 1949 Councilmen: j'. Attest: ...(\�',►... U City Clerk. Special Session, August 16th, 1945. -,0() City c0uncil (official) Special Session, August 16th, 1948. Council met at 7:30 P.M. Present — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Moffatt. Mayor Van Duelman 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 upon the notice of levy of special assess- ment and intention of the City Council to issue bonds for the im- provement of Forest Lane from the west curb line of Nevada Street to the east curb line of Delhi Street also upon the notice of levy of special assessment and intention of the City Council to issue bonds for the improvement of Diamond Street from the east curb line of Central Avenue to the west curb line of Jackson Street and acting on any other business as may prop- erly come before a regular meet- ing of the City Council. State of Iowa 1 SS. County of Dubuque f I, Richard H. LeMay do hereby certify that on the 28th day of July, 1948 I posted copies of the attached Notice of Levy of Special Assessment and Intention of the City Council to issue bonds along the line of improvement for the im- proving of Forest Lane from the west curb line of Nevada Street to the east curb line of Delhi Street. Signed RICHARD H. LeMAY Subscribed and sworn to before me Geraldine L. Jenni a Notary Public this 28th day of July, 1948, GERALDINE L. JENNI Notary Public in and for Dubuque County, Iowa. Councilman Murphy moved that the statement be received am made a matter of record. Seconde( by Councilman Thompson. Car ried by the following vote: Yeas — M a y o r Van Duelman Councilmen Moffatt, Murphy Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of levy of special assessment and intention of the City Council to issue bonds for the improvement of Forest Lane from the west curb line of Nevada Street to the east line of Delhi Street, presented and read. Coun- cilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Joseph W. Straub sub• mitting objection to the amount of special assessment against Lot 63, S.M. Langworthy's Add'n. for the improvement of Forest Lane and offering to pay the amount of $41.67 as full payment of the proposed special assessment a- gainst this lot for the improvement of Forest Lane, presented and read. Councilman Wharton moved that the petition be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — M a y or Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION NO.198-45 Resolved by the City Council of the City of Dubuque: That to Pay for the improvement of Forest Lane from the west curb line of Nevada Street to the east curb line of Delhi Street, by Thos. Flynn Coal Co., contractor, in front of and adjoin- ing thelevied poniathetax be several lots, e and is herebyy lots, and parts of lots, and par- cels of real estate hereinafter named, situate and owned, andf the several amounts set Opposite each lot or parcel of real estate, as follows: Independent School District, 72.64 Lot 1, Sub 5 M.L. 80 Independent School District, 136 56 Lot 4, Sub. 5 M.L. 80 Independent School District, 58.31 Lot 5, Sub. 5 M.L. 80 independent 39,eS.School Langworthy's Lot 39, 426,9 Add. 370 Special Session, August 16th, 1948 Independent School District, 1 Lot 40, S.M. Langworthy's Add. 229.23 Independent School District, Lot 41, S.M. Langworthy's Add. 120.42 Independent School District, Lot 42, S.M. Longworthy's Add. 90.96 F. M. Jaeger, Lot 43, S.M. Langworthy's Add. 208.34 Ferdinand A. Jr. & Gladys Nesler, Lot 44, S. M. Lang - worthy's Add. 496.78 Cath. G. & N. W. Brodeur, Lot 45, E., S. M. Langworthy's Add. 195.18 Theresa C. Schmitt, Lot 45, W. 3', S. M. Langworthy's Add. 14.73 Theresa C. Schmitt, Lot 46, S. M. Langworthy's Add. 122.90 Gertrude Thielen, Lot 47, S. M. Langworthy's Add. 122.90 Gertrude Thielen, Lot 48, S. M. Langworthy's Add. 122.90 Grand Opera House Corp., Lot 49, S. M. Langworthy's Add. 122.90 Grand Opera House Corp., Lot 50, S. M. Langworthy's Add. 122.90 Grand Opera House Corp., Lot 51, S. M. Langworthy's Add. 122.90 Harry & Goldy Kopple, Lot 52, S. M. Langworthy's Add. 122.90 Harry & Goldy Kopple, Lot 53, S. M. Longworthy's Add. 162.26 Agnes Shea, Lot 34, S. M. Langworthy's Add. 4.37 Michael Eckstein Est., Lot 35, S. M. Langworthy's Add. 54.38 Leo E. & Sophia Oliver, Lot 36, S. M. Langworthy's Add. 119.02 Spahn & Rose Lumber Co., Lot 37, S.M. Langworthy's Add. 211.01 F. J. & Lizzie Bieberman, Lot 38, S. M. Langworthy's Add. 538.85 Philomenia Anna Walsh, Lot 30, S. M. Langworthy's Add. 21.52 Mary K. Heber, Lot 29, S. M. Langworthy's Add. 108.23 Christine E. Feyen, Lot 1, Sub. Lot 28, S. M. Langworthy's Add. 108.35 Anchor Inv. Co., Lot 2, Sub. Lot 28, S. M. Langworthy's Add. 68.16 Anchor Inv. Co., Lot 2, Sub. Lot 27, S. M. Langworthy's Add. 87.98 Robert J. & Leah Gallagher, Lot 1, Sub. Lot 27, S. M. Langworthy's Add. 484.10 Geo. & Alexandria Ketoff, Lot 54, S. M. Langworthy's Add. 98.$0 Geo & Alexandria Ketoff, Lot 55, S. M. Langworthy's Add. 122.90 Geo. & Alexandria Ketoff, Lot 1, Sub. Lot 56, S. M. Lang - worthy's Add. 36.87 Edith M. Buehler, Lot 2, Sub. Lot 56, S. M. Lang - worthy's Add. 86.04 Edith M. Buehler, Lot 57, S. M. Langworthy's Add. 188.26 Louise M. & Gertrude Roussel, Lot 58, S. M. Langworthy's Add. 363.80 Wm. J. & Grace Glasson, Lot 59, S. M. Langworthy's Add. 122.90 Wm. J. & Grace Glasson, Lot 60, S. M. Langworthy's Add. 122.90 Wm. J. & Grace Glasson, Lot 4, Cleminson Sub. 61.97 Clarence P & Agnes E. Donovan, Lot 1, Sub. Lot 2, Cleminson Sub. 53.61 Lucy E. Burns, Lot 2, Sub. Lot 2, Cleminson Sub. 194.03 Sophia J. Kerper, Lot 6, Summit Add. 245.80 Belle Cousin, Lot 5, Summit Add. 245.80 Marie M. Steffes, Lot 4, Summit Add. 245.80 Minis E. French, Lot 3, Summit Add. 245.80 Andrew Ruh, Lot 2, Summit Add. 245.80 City of Dubuque, Lot 1, W. 5' of E. 50' Summit Add. 24.60 Roy & Zora Brammer, Lot 1, E. 45' of E. 50' Summit Add. 221.20 City of Dubuque, Lot 1, W. 116' 6" Summit Add. 324.51 Lawrence M. McIntyre, Lot 2, Sub. 26, S. M. Langworthy's Add. 342.65 Agnes E. Cox, Lot 1, Sub. 26, S. M. Langworthy's Add. 354.29 Margaret & Francis H. Brune, Lot 25, S. M. Langworthy's Add. 231.87 Special Session, August 16th, 1948 371 Margaret & Francis H. Brune, ferred. Passed, adopted and ap- Lot 24, W. 20', S. M. Lang- I proved this 16th day of August, worthy's Add. 24.02 1948. Geo. M. & Dorothy Gilson, Lot 24, E. 130', S. M. Lang - worthy's Add. 120.66 Jos. W. &Mary M. Straub, Lot 23, S. M. Langworthy's Add. 324.76 Elliot F. Lewis, Lot 22, S. M. Langworthy's Add. 302.74 of the Code Second 270.62 Francis J. Roscamp, Lot 2, Sub. Lot 1 of 21, Langworthy's Add. Mettel Realty & Inv. Co., Lot 1, Sub. Lot 1 of 21, S. M. Langworthy's Add. 319.66 Jacob H. & Ernestine L. Hedrick, Lot 19, S. M. Lang - worthy's Add. 30.68 Margueretta D. Alherton, Lot 18, S. M. Langworthy's Add. 19.04 Margueretta D. Alherton, Lot 17, W.10', S. M. Langworthy's Add. 1.82 Donald A. & Mildred C. Arthur, Lot 17, E.40', S. M. Langwor thy's Add. 4.25 Robt. Bartels etal, Lot 1, Bartels Sub. Olive B. & Ralph C. Lytle, Lot 2, Bartels Sub. 292.51 . ................. $11,296.07 2473.6 Sq. Yds. Cone. Pvt. 5-7 1-2" Mesh Reinf. at 4.25 10,5 45.2 Sq. Ft. Sidewalks at 0.50 22.60 9.2 Lin. Ft. Cone. Curb at 3.50 32.20 21.8 Lin. Ft. Radius Curb, at 3.50 76.30 51.3 Lin. Ft. Lip Curb at 3.50 179.55 ........... 10,823.45 EXTRA EXPENSE at 3 1.2 per cent INTEREST 6 per cent for 52 DAYS 93.80 ................... 11,296.07 � 71.00 71 Cu. Yds. Extra Grading 11,367.07 All of which is assessed in pro portion to the special bene FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. ed by Councilman Murphy. Carried by the following vote: Yeas —Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays —None. (Resolution Providing for the Is of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION N0.199-48 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improvement of Forest Lane hereinafter described, has been completed and said im- provement has been accepted by the City Council of said City and 636.92 the City Engineer has computed the cost and expense thereof to be $11,367.07. AND WHEREAS, public notice as provided by law, has been Pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost 12.80 of said improvement and a public hearing has been held Pursuant thereto, and all objections filed thereto have been considered and determined. BE IT ftE- NOW, THEREFORE, SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of improvement of Forest Lane from the West curb line of Nevada Street to the East curb line of Delhi Street, there 378.82 be issued improvement bonds to the amount of 11,367.07. Said bonds shall be issued under provisions of 1J4Chapter sha116bear the lateofoflo he 15th day of September, 1!148, shall ceptnthat theretshallobe one boex- $367.07. Th fits con - to the amount of ey 372 Special Session, August 16th, 1948 shall be numbered from 3917 to 3939 inclusive and shall be divided Into ten series, of which the bonds numbered 3917 and 3918 shall con- stitute the first series and shall be payable the first day of April, A. D. 1949, the bonds numbered 3919 and 3920 shall constitute the second series and shall be payable the first clay of April, A. D. 1950, the bonds numbered 3921, 3922 and 2923 shall constitute the third series and shall be payable the first day of April, A. D. 1951, the bonds numbered 3924 and 3925 shall con- stitute the fourth series and shall be payable the first day of April, A. D. 1952, the bonds numbered 3926 and 3927 shall constitute the fifth series and shall be payable the first day of April, A. D. 1953, the bonds numbered 3928 and 3929 shall con- stitute the sixth series and shall be payable the first day of April, A. D. 1954, the bonds numbered 3930 and 3931 shall constitute the seventh series and shall be pay- able the first day of April A.D. 1955, the bonds numbered 3932 and 3933 shall constitute the eighth series and shall be payable the first day of April, A. D. 1956, the bonds num- bered 3934, 3935 and 3936 shall consitute the ninth series and shall be payable the first day of April, A. D. 1957, the bonds num- bered 3937, 3938 and 3939 shall con- stitute the tenth series and shall be payable the first day of April, A. D. 1958. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be payable semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the proceeds of the special assessment levied for said improvement. The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A. D. 19 .....; or any time before that date at the option of the City, the sum of Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No.......... ................ Series No . .. .......... CITY OF DUBUQUE . . I.......... BOND HUNDRED DOLLARS, with interest thereon at the rate of five per cent. per annum, payable on the presentation and surrender of the interest coupons hereto at- tached, both interest and principal 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 pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946 and in accordance with a reso- lution of the City Council of said City, duly passed on the 16th day of August, 1948. This bond is one of a series of 23 bonds, 22 for $500.00 numbered from 3917 to 3938 inclusive, and one for $367.07 num- bered 3939, all of like tenor and date, and issued for the purpose of improvement of Forest Lane from the West curb line of Nevada Street to the East curb line of Delhi Street, and described in said resolution; which cost is assess- able to and levied along said im- provement, and is made by law a lien on all abutting or adjacent property, and payable in ten an- nual installments, with interest on all deferred payments at the rate of five per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and re- cited that all the acts and condi- tions and things required to be done precedent to and in the issu- ing of this series of bonds, have been done, happened and per- formed in regular and due form as required by said law and resolu- tion; and for the assessments, col- lections and payment hereon of said special tax, the faith and dili- gence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by Special Session, August 16th, 1948 373 its Mayor and countersigned by its City Cleric, with the seal of said City affixed this 15th day Septem- ber, 1948, and has authorized the use of their fac-simile signature to the interest coupons hereto at- tached. ........................................ Mayor. ................................. City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ....... day of ................. A. D 19....., the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of Dollars, at the of- fice of the City Treasurer in the City of Dubuque, being ........ months Interest due that day on its ........ .......... Bond No..... ................ dated 19....... ................. Mayor. ......................... City Cleric. Adopted this 16th day of August, 1948. Approved: FRANI{ VAN DUELMAN Mayor. F. W. THOMPSON CEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Attest: J. J. SHEA City Clerk. Councilman Murphy moved the a- doption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i I m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. State of Iowa l SS. County of Dubuque f Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Cleric be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac-simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. I, Richard I -I. LaMay do hereby certify that on the 28th day of July, 194S I posted copies of the attached Notice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line of improvement for the improving of Diamond Street from the east curb line of Central Avenue to the west cw•b line of Jackson Street. Signed RICHARD H. LaMAY Subscribed and sworn to before me Geraldine L. Jenni, a Notary Public, ciiis 28th day of July, 1148. GERALDINE L. JENNI Notary Public ill and for Dubuque County, Iowa. Councilman Thompson moved that the statement be received and made a matter of record. Seconded Carried by by Councilma,l Murphy. the following vote: Teas — M a y o r Van 1)uelman, Councilmen :Moffatt, Murphy, Thompson, %Vhartou. Nays .— None. Proof of publication, certified to by the publishers, of notice of levy of special aesessmAnt and ilet(bonds of the City Council to for the improvement of Dof Cenl Street from east curb line of Cen tral Avenge to the `�resente d curb land of Jackson Street, presented read. Councilman �Iurplication he re - that the proof of 1 374 Special Session, August 16th, 1948 cefved and filed. Seconded by Coun cilman Thompson. Carried by thf following vote: Yeas — M a y o r Van Duelman Councilmen Moffatt, Murphy Thompson, Wharton. Nays -- None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION NO.200-48. Resolved by the City Council of the City of Dubuque: That to pay for the improvement of Diamond Street from the east curb line of Central Avenue to the west curb line of Jackson Street, D. C. May Construction Co., contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate here- inafter named, situate and owned, and for the several amounts set Opposite each lot or parcel of real estate, as follows: Albert W. Woller, Lot 26, Linehan Park Add. 154.44 Albert W. Woller, Lot 27, Linehan Park Add. 154.44 Lloyd & Rita Avenarius, Lot 28, Linehan Park Add. 154.44 Mabel Mills, Lot 29, Linehan Park Add. 154.44 Mable Mills, Lot 30, Linehan Park Add. 154.44 John & Francis Herburger, Lot 31, Linehan Park Add. 154.44 Charles J. & Mary L. Murphy, Lot 32, Linehan Park Add. 154.44 Charles J. & Mary L. Murphy, Lot 32, Linehan Park Add. 217.69 Jess W. & Mabel Mills, Lot 34, Linehan Park Add. 71.28 Jess W. & Mabel Mills, Lot 35, Linehan Park Add. 107.94 Ray M. & Lena M. O'Hearn, Lot 36, Linehan Park Add. 151.74 Leonard & Leffa Koenig, Lot 37, Linehan Park Add. 168.26 Mettel Realty & Inv. Co., Lot 38, Linehan Park Add. 154.43 Mettel Realty & Inv. Co., Lot 39, Linehan Park Add. 154.43 Joseph E. Schmitt, Lot 40, Linehan Park Add. 154.43 Joseph E. Schmitt, Lot 41, Linehan Park Add. 154.75 City of Dubuque (Extra 2,416.04 Grading) 159.36 ............. 2,575.40 737 Lin. Ft. Curb & Gutter at 2.73 $2012.01 63 Lin. Ft. Radius Curb at 2.97 187.11 15.3 Sq. Yds. Driveways at 6.00 91.80 16 Sq. Ft. Sidewalks Slab at .50 8.00 1000 lbs. Crushed Stone Walk at 0.005 5.00 ........................ extra Expense at 4 $2303.92 per cent 92.15 interest 6 per cent for 52 days 19.97 ........................ $2,416.04 extra Grading 159.36 ........................ $2,575.40 All of Which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and ap- proved this 16th day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays —None. (Resolution Providing for the Is- suance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO.201-48 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improving of Dia- mond Street hereinafter described, has been completed and said im- provement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $2,575.40. AND WHEREAS, public notice is provided by law, has been pub- ished by the City Clerk stating ;he intention of the City Council !o issue bonds to pay the cost of Special Session, August 16th, 1945 3; ; said improvement and a public able semi-annually in accordance hearing has been held pursuant with the attached: of a s shall be payable out coupons thereto, and al)„ objections filed s the thereto have been considered and pro- ceeds of the special assessment determined: levied for said improvement. NOW THEREFORE, be it re- Both principal and interest shall sosolved by the city Council of be payable at the office of the City the City of Dubuque that to pro- Treasurer in the City of Dubuque. vide for the cost of improving of Said bonds shall be substantially Diamond Street from the East curb in the following form: line of Central Avenue to the west No . ......................... curb line of Jackson Street there Series No. .......... be issued improvement bonds to the amount of $2,575.40. Said bonds to CITY OF DUBUQUE be issued under provisions of Chap- IMPROVEMENT ter 396 of the Code of Iowa, 1946; ........ I BOND shall bear the date of the 15th day The City of Dubuque in the State of September, 1948, shall be in de- of Iowa promises to pay as here - nominations of $100.00, except that inafter mentioned to the bearer there shall be one bond to the a- hereof, on the first day of April, mount of $75.40. They shall be num- A. D. 19 .... ; or any time before that bered from 3891 to 3916 inclusive date at the option of the City, the and shall be divided into ten series, sum of of which the bonds numbered 3891 HUNDRED DOLLARS, and 3892 shall constitute the first be payable the with interest thereon at the rate series and shall first day of April, A. D. 1949, the of five per cent, per annum, pay - and sur - bonds numbered 3893, 3894 and 3895 able on the presentation interest coupons here - shall constitute the second series render of the both interest and prin- and shall be payable the first day to attached, at the office of of April, A. D. 1950, the bonds num- bered 3896 and 3897 shall consti- cipal are payable the City Treasurer in the City in the State of Iowa. tute third series and shall be pay- of Dubuque bond is issued by City the1951, able the first day of April, A. D. This to and by vir- the bonds numbered 3898, 3899 of Dubuque pursuant Chapter 396 of the Code and 3900 shall constitute the fourth tue of 1946, and in accordance series and shall be payable the first the bonds of Iowa, a resolution of theCity day of April, A. D. 1952, numbered 3901 and 3902 shall con- with passed cil of said City, day of August, 1943. stitute the fifth series and shall be the first day of April, A. D. on the 16th This bond is one of, a series of numbered payable 1953, the bonds numbered 3903, 3904 26 bonds, 25 for $10000 3891 to 3915 inclusive, and one and 3905 shall constitute the sixth from $75.40 numbered 3916, all of series and shall be payable the first for tenor and date, and iasuofdDia- day of April, A. D. 1954, the bonds numbered 3906, 3907 and 3908 shall like the purpose of improving from East curt) seventhfirst series and ibe epayable nd Street line Avenue to the West thethe shall day the bonds num of Central curb line of Jackson Street, and which April, A. D. 1955, bered 3909, 3910 and 3911 shall in said reso describedlution; is assessable to and landd constitute the eighth series and the first day of cost is long saidimaro.ver on all abutting shall be payable April, A. D. 1956, the bonds num- made by lawlien property, and payable bered 3912 and 3913 shall consti- or adjacent with annual installments. tuts the ninth series and shall be in ten interest on all deferred Payments a payable the first day of April, A.D. 3914, the rateof per cent. per annum only out 1957, the bonds numbered 3915 and 3916 shall constitute the bond is payable and derived from tile said tax, tenth series and shall bol- e payable the first day of April, A. D. 1958- leet101, of said special money can be used for noOthr Said bonds shall bear interest at per cent*per purpose And it is hereby certified that all the acts and the rate of five per annum which interest shall be I and recited 376 Special Session, August 16th, 1948 conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and per- formed in the regular and due form as required by said law and resolution: and for the assessments, collections and payment hereon of said special tax, the faith and dili- gence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 19th day of Sep- tember, 1948, and has authorized the use of their fac-simile signature to the interest coupons hereto at- tached. .................................. I ...... Mayor. ............................... I.......... City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ............ day of .................. A. D. 19......, the City of Dubuque, Iowa. promises to pay to the bearer, as provided in the bond, the sum of .............................. Dollars, at the of- fice of the City Treasurer in the. City of Dubuque, being ................ months interest due that day on its .................... Bond No. .............., dated 19....... ...................................... Mayor. .......................................... City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept Dy him for that purpose. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac-simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 16th day of August, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON CEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. BE IT FURTHER RESOLVED, that the City Treasurer be and he Is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve. ments. ) RESOLUTION NO. 202-48 WHEREAS, proposed plans and specifications and form of contract for the construction of storm sew- erage system, curb and gutter and street surfacing for the following streets included in the Hillcrest Annexation Assessment District: 1 - Hillcrest Road from the west property line of Asbury Road to the east property line of Avalon Road. 2 -- Mullin Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 3 - Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 4 - Chaney Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 5 -- Morningview Road from the south property line of Asbury Road to the north property line of Hill- crest Road. Special Session, August 16th, 1944 377 6 -- Broadlawn Road from the CONTAINING THE DECISION OF property line of Asbury RoadI THIS COUNCIL UPON ALL ob- south to the north property line of Hill- jections which have been filed to crest Road. the plans, specifications and form 7 -- Avalon Road from the south of contract for or cost of said im- line of Asbury Road to provement be made a matter of per - y the north property line of Hillcrest manent record in connection with the north said improvement. Road. 8 -- Valleyview Road from the Passed, adopted and approved east property line of Avalon Road this 16th day of August, 1948. to the west property line of Chaney FRANK VAN DUELMAN Road, have been approved by the F. W. Mayor. F.T Mayor. N City Council of the City of Dubuque O. R. MURPHY MURPHYWHART and public notice given as provided ALBERT N by Chapter 341 of the Code of Iowa W. W. MOFFATT 1946, pertaining to public contracts Councilmen. and bonds, and the time and place Attest: J. J. SHEA fixed for the hearing of all objet- City Clerk. tions to said plans, specifications or contract for or cost of such im- Councilman Moffatt moved the provements, said time being this adoption of the resolution. Second - 9th day of August, 1948; and ed by Councilman Thompson. Car - WHEREAS, the City Council met ried by the following vote: in Special session this 9th day of yeas — M a yo r Van Duelman, August, 1948, at 7:30 o'clock P.M. Councilmen Moffatt, Murphy, at the Council Chambers in the Thompson, Wharton. City Hall for the purpose of hear- Nays — None. ing all interested parties and con- sidering any and all objections RESOLUTION NO.203-48 which have been filed to the pro- WHEREAS, Proposed Plans and posed plans, specifications or con- specifications for the improvement tract for or cost of the improve- of Hillcrest Road, Morningview ment herein described and pro- Road, Mullin Road, Ogilby Road, posed to be made; and Chaney Road, Broadlawn Road,Avalon WHEREAS, all interested parties Road and Valleyview Road have been given an opportunity to were by Resolution No. 168-48 be heard and all objections which f the City Council passed have been filed have been duly Of .Fu:y 19, 19.15, approved weighed and considered; now, On and ordered filed in the office of thereforethe BE IT RESOLVED by the City City Clerk for public inspec- tion and provided the same "are Council of the City of Dubuque that considered as part of this to be con ed by the all objections made and filled Resolution"; and property owners of Avalon Road to WHEREAS, Resolution of Neces- the plans, specifications, contract for or cost of said improvement sity No.169-48 was on July 19, City Council herein described and proposed to 1948, approved by the on file; and be made, be and the same are here- speci- and ordered placed WHEREAS, notice of hearing on by overruled and such plans, fications and form of contract here- said Resolution of Necessity was law provided: tofore approved are hereby a- duly Published as by dopted. BE IT FURTHER RESOLVED and `VIIEREAS, on said hearing prop - by the City Council of the City Of made arty owners on Mullin Road P`'`�- the proposed in'pruv"' Dubuque, that the objections filed by the property owners tested to of said Road; and and on Mullin Road are sustained in nient �VIIEREAS, this Council consid- hi of the so far as it is proposed to improve erect said protests, and are Mullin Road Mullin Road, but the property owners on Mullin Road shall be opinion that sai not be improved at this assessed for the other streets as should time and Resolution of Necessity the Provided by law. , otild be amended eliminating said 5lullia Road BE IT FURTHER RESOLVED improvement oY THAT THIS RESOLUTION 378 Special Session, August 16th, 1948 from the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that RESOLUTION OF NECESSITY No.169-48 be, and the same is hereby amended by striking therefrom the follow- ing: "2. Mullin Road from the south property line of Asbury Road to the north property line of Hillcrest Road." BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that the Resolution of Necessity Ne.169-48 as amended by, and the same is hereby finally passed and adopted by the City Council this 16th day of August, 1948. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Necessity for improvement.) RESOLUTION NO.169-18 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: I. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be assessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the construction of storm sewerage system, curb and gutter and street surfacing for the following streets included in the Hillcrest Annexa- tion Assessment District: 1 - Hillcrest Road from the west property line of Asbury Road to the east property line of Ava- lon Road. 2 - Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 3 -- Chaney Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 4 -- Morningview Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 5 -- Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 6 -- Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 7 - Valleyview Road from the east property line of Avalon Road to the west property line of Chaney Road. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense Of making said improvement will be assessed upon and against all S pecial Session, August 16th, 1948 379 privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto accord- ing to area and in proportion to the special benefits con- ferred thereby, and any defi- ciency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be is- sued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 19th day of July, 1948. The foregoing resolution, as amended, was finally passed and adopted by the City Council this 16th day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Ordering Construction) RESOLUTION NO.204-48 the Hillcrest Annexation Assess- ment District: 1 -- Hillcrest Road from the west property line of Asbury Road to the east property line of Avalon Road. 2' - Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No.169-48 as amended which was duly passed by this Council, for the construc- tion of storm sewerage system, curb and gutter and street surfacing for the following streets included in 3 - Chaney Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 4 -- Morningview Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 5 -- Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 6 Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road. 7 - Valleyview Road from the east property line of Avalon Road to the west property line of Chaney Road. be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of prop- erty owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property ly- ing within the assessable distance from the improvements, hether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the spe is c encynwill' be ferrel, and any improve' paid out of the general, ment, or sewer funds of the city, or partly from each of such funds. Payment will funds(lrealizee to d from tractor out of the sale of bonds to be issued in anticipationsOf f of assesments as provided by law 38o Special Session, August 16th, 1948 after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 150 calendar days af. ter date of contract. 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 1Gth day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Cleric. Councilman Murphy moved the a- doption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice of claim of H. P. Hynist In an unstated amount for damages to his car caused in striking a loose manhole cover on Bryant Street, presented and read. Coun- cilman Thompson moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. claim be referred to the City So- licitor for investigation and report Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of the Dubuque Trades and Labor Congress extend- ing invitation to the City Council to participate in the Labor Day Parade to be held Saturday night, September 4, 1948, presented and read. Councilman Wharton moved that the invitation be accept- ed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Alan A. Coughlin, requesting permission to connect Lot 6 of Block 2 of Hillcrest Park Addition with the sanitary sewer in Asbury Road and submitting receipt from Saint Mary's Orphan- age for permission to make the above connection, presented and read. Councilman Murphy moved that the request be granted. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice of claim of Spahn and Rose Lumber Company in the a- mount of $258.78 for material furnished the D. C. May Construc- tion Co. for the improvement of Diamond Street, a public improve- ment in the City of Dubuque, Iowa, presented and read. Councilman Murphy moved that the notice of Petition of Opal Gilmer request- ing a refund in the amount of $75.00 on the unexpired portion of her cigarette permit No. 253 as she has discontinued business on August 9, 1948, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Opal Gilmer to cover the amount of refund granted on the unexpired portion of her cigar- ette permit No. 253. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Opal Gilmer request- ing a refund in the amount of _, Special Session, Attgust 16th, 1945 331 $50.00 on the unexpired portion of her Class "B" beer permit No. 140 as she has discontinued business on August 9th, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Opal Gilmer to cover the amount of refund on the unexpired portion of her Class "B" beer permit. No. 140. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Joseph C. Poire et al requesting the vacation of the alley extending along the northern boundary of property located in Finley Addition from the north- east corner of Lot 75 to the north- west cornor of Lot 83 and re. conveyed to the respective owners of the property abutting thereon, presented and read. Councilman Murphy moved that the petition be referred to the Planning and Zoning Commission for their recom- mendation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Coun- cilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Mr. Fred Fichter, representing the Dubuque Building Trades Coun- cil and Mr. St. Germain represent- ing the State Building Trades Council, addressed the Council ob- jecting to the method employed In regard to excavating for foot- ings at the New Municipal Airport. Ordinance No. 17-48. An Ordi- nance amending "Traffic Code" of the City of Dubuque by estab- lishing parking regulations on ad- ditional streets, said ordinance having been passed upon first read- ing on August 9th, 1948 and or- dered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented for final a. doption. Petition of Louis C. Kolfenback requesting permission to construct from connection with Roosevelt street sewer an eight inch sanitary sewer to become a part of the city sewerage system and Ease- ment be granted to the City in Lot 2 of Lot B of Lot 2 of Lot 1 of Mineral Lot 304, and in Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 304, presented and read. Council- man Wharton movc;d that the peti- tion be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the rules be suspended for Ordinance No. 17-48 An Ordinance amending "Traffic Code" of the City of Dubuque by establishing parking regulations an additional streets. Now, Therefore, Be It Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That (d), Rule 108, Par. 736, Sec. 1 of Ordinance No. 1-39, as amended by Ordinance No. 11- 47, No. 16-47, No. 20-47, No. 13-48 and No. 15-48, be, and the same is hereby amended as follows: Sec. 1. By adding after subdivis- ion "k" of Ordinance No. 15-48 the following: "1. Both sides of East 9th Street from Central Avenue to White Street." of 1 ust ,ym. Both sides Street between Jones Street and West 4th 5t1'e,(--t- Both sides of t not Street between Ix ust West Po1st ani] Bluff Stre and all ordi- nances 2. That any or parts thereof in conflict herewith are hereby repealed. Sec. 3. This Ordinance shall be in force and effect ten days from 382 Special Session, August 16th, 1948 and after its final passage, adop- tion and approval by the City Council and publication as by law provided. Passed upon first reading this 9th day of August, 1948. Passed, adopted and approved upon final reading this 16th day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Published officially in the Tele- graph -Herald newspaper this 18th day of August, 1948. J. J. SHEA 8-18 It City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. August 11, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Charles R. Holmes in the sum of $27.08, it appears that on July 29, 1948, while he was driving on Bry- ant Street the front left wheel of his car ran over a manhole cover causing the same to tip and then the rear wheel*ran into and against said tipped manhole cover bending the rear wheel and totally de- stroying the tire and tube thereon. After conference with him he has agreed to accept $15.29 in payment of his claim. I recommend that his claim be paid in the amount of $15.29 and a warrant be delivered to him upon delivery to the City of a release properly executed by him. Yours Truly, John J. Kintzinger. City Solictor, Councilman Murphy moved that the recommendation of City Sol icitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $15.29 in favor of Charles R. Holmes, as settlement in full of his claim and that said warrant be deliver- ed upon receipt by the City of Dubuque of a properly excuted release. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. August 12, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: Enclosed please find two notices to construct crossing at Railroad Avenue with a return of service showing that the notice was served on the Chicago, Milwaukee, St. Paul and Pacific Railroad Company on August 4, 1948, and on the Illinois Central Railroad Company on August 4, 1948. Both notices were served by the County Sheriff's office. These notices were served persurance of Resolution No. 180-48 passed by the City Council on August 2, 1948. I recommend that the notices and the returns thereon be made a matter of record. Yours truly, John J. Kintzinger City Solicitor Councilman Thompson moved hat the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. NOTICE TO CONSTRUCT CROSSING at RAILROAD AVENUE, DUBUQUE To the Chicago, Milwaukee, St. Paul and Pacific Railroad Company: You are hereby notified that the City Council of the City of Dubuque, Iowa, on August 2, 1948, passed a Resolution ordering and directing that you, Chicago, Mil- waukee, St. Paul and Pacific Rail- road Company, construct, over, up- Special Session, August 16th, 1948 393 on and across its railroad tracks at Railroad Avenue, Dubuque, Iowa, a crossing so graded and constructed as to afford easy passage over said tracks, within 30 days after the time a copy of said Resolution is served upon you, and that if you fail or refuse to so construct said crossing, the work will be done by the City of Dubuque, and the expense thereof assessed against you as provided by law. A copy of said Resolution is hereby at- tached and made a part hereof. Take notice and govern your- selves accordingly. CITY OF DUBUQUE, IOWA By John J. Kintzinger City Solicitor. STATE OF IOWA SS DUBUQUE COUNTY j The within notice received this 4 day of August, 1948, and I certify that on the same day I served said notice on the defend- ant, Chicago, Milwaukee, St. Paul and Pacific Railroad Company by delivering a true copy thereof to F. M. Duffy, Agent for said de- fendant in Julien Township, Du- buque County, State of Iowa. LEO J. MARTIN Sheriff, Dubuque County, Iowa. By Frank Saul RESOLUTION NO. 180-48 Whereas, certain Ordinances were passed by the City of Dubuque, granting to the Illinois Central Railroad Company and it predecessors and to the Chicago Milwaukee, St. Paul and Pacific Railroad Company and its prede cessors the right to lay track over, across and upon Railroa Avenue in the City of Dubuque and providing that said Railroa Avenue was to be graded as t afford easy passage for vehicle over said tracks: and Whereas, this City Council h made an investigation as to t existing conditions of the railro crossing at Railroad Avenue: a Whereas, This City Council is the opinion that it is for the go of the public and necessary th said Railroads Companys shall required to construct crossings fl vehicles crossing said tracks Railroad Avenue; and Whereas, the Ordinances above referred to granted the rights to said Railroad Cmnpanys to lay railroad tracks over, across and upon Railroad Avenue upon the condition that the street was to be so graded as to afford easy passage for vehicles over said rail- road tracks. Now, Therefore, Be It Resolved by the City Coun- Sec. 1. That the Illinois Central Railroad Company be and it is here- by ordered and directed to con- struct over, upon and across its railroad tracks at Railroad Avenue, Dubuque, Iowa, a crossing so grad- ed and constructed as to afford easy passage for vehicles traveling over said crossing within thirty days after the time a copy of this Resolution is served upon said Company, and that if you fail or re- fuse to so construct a crossing, as aforesaid, the work will be done by the City of Dubuque, and the expense thereof will be assessed against the property of said Illi- nois Central Railroad Company as provided by law. Sec. 2. That the Chicago, Mil- waukee, St. Paul and Pacific Rail- road Company be and it is hereby ordered and directed to construct over, upon and across its railroad tracks at Railroad Avenue, Dubuque, Iowa a crossing so grad- ed and constructed as to afford easy passage for vehicles traveling over said crossing, within thirty s days after Resolution is served up- on said Company, and that if you fail or refuse to so construct a crossing as aforesaid, the work dwill be done by the City of Dubuque, and the expense thereof , will be assessed against the prop - d erty of said Chicago, Milwaukee, St. Paul and Pacific Railroad Com - s parry as provided by law. Passed, adopted and approved as of August, 1948. he this 2nd day FRANK VAN lli;F.I,11:1N, ad Mayor. nd F W. TIIOMPSON, of GEO. R. MURPHY, od ALBERT WHARTON, at W W. MOFFATT, I e Councilmen. Attest: J. J. SHEA, Clerk. 384 Special Session, August 16th, 1948 NOTICE TO CONSTRUCT CROSSING AT RAILROAD AVENUE, DUBUQUE To the Illinois Central Railroad Company: You are hereby notified that the City Council of the City of Dubuque, Iowa, on August 2, 1948, passed a Resolution ordering and directing that you, Illinois Cen- tral Railroad Company, construct, over, upon and across its railroad tracks at Railroad Avenue, Dubu- que, Iowa, a crossing so graded and constructed as to afford easy pass- age for vehicles over said tracks, within 30 days after the time a copy of said Resolution is served upon you, and that if you fail or refuse to so construct said cross- ing, the work will be done by the City of Dubuque, and the expense thereof assessed against you as provided by law. A copy of the Resolution above referred to is hereby attached hereto and made a part hereof. Take notice and govern your- selves accordingly. By John J. Kintzinger City Solicitor. STATE OF IOWA J SS DUBUQUE COUNTY t The within notice received this 4 day of August, 1948, and I cer- tify that on the 5 day of August, 1948, I served said notice on the defendant, Illinois Central Rail- road Company by delivering a true copy thereof to Harold Levan Agent and Yardmaster of said de- fendant in Julien Township, Dubu- que County, State of Iowa. Leo J. Martin Sheriff, Dubuque County, Iowa. By John F. Murphy. deputy. RESOLUTION NO. 180-48 Whereas, certain Ordinances were passed by the City of Dubuque, granting to the Illinois Central Railroad Company and its predecessors and to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and its prede. cessors the right to lay tracks over, across and upon Railroad Avenue in the City of Dubuque, and pro- viding that said Railroad Avenue was to be graded as to afford easy passage for vehicles over said tracks; and Whereas, this City Council has made an investigation as to the existing conditions of the railroad crossing at Railroad Avenue; and Whereas This City Council is of the opinion that it is for the good of the public and necessary that said Railroad Company shall be required to construct crossings for vehicles crossing said tracks at Railroad Avenue; and Whereas, the Ordinances above referred to granted the rights to said Railroad Companys to lay rail- road tracks over, across and upon Railroad Avenue upon the condi- tion that the street was to be so graded as to afford easy passage for vehicles over said railroad tracks. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: Sec. 1. That the Illinois Central Railroad Company be and it is here- by ordered and directed to con- struct over, upon and across its railroad tracks at Railroad Avenue, Dubuque, Iowa, a crossing so grad- ed and constructed as to afford easy passage for vehicles traveling over said crossing within thirty days after the time a copy of this Resolution is served upon said Company, and that if you fail or refuse to so construct a crossing as aforesaid, the work will be done by the City of Dubuque, and the expense thereof will be assessed against the property of said Illinois Central Railroad Company as pro- vided by law. Sec. 2. That the Chicago, Mil- waukee, St. Paul and Pacific Rail- road Company be and it is hereby ordered and directed to construct over, upon and across its railroad tracks at Railroad Avenue, Dubuque, Iowa, a crossing so grad- ed and constructed as to afford easy passage for vehicles traveling over said crossing, within thirty days after the time a copy of this Resolution is served upon said Company, and that if you fail or refuse to so construct a crossing Special Session, August 16th, 1948 385 as aforesaid, the work will be done by the City of Dubuque, and the expense thereof will be assessed against the property of said Chica- go, Milwaukee, St. Paul and Pacific Railroad Company as provided by law. Passed, adopted and approved this 2nd day of August, 1948. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT . Councilman Attest: J. J. SHEA City Clerk. RESOLUTION NO. 191 - 48 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: WHEREAS, the City of Dubuque, Iowa, has received bids for the Furnishing and Delivering of two (2) electric driven two stage pump- ing units for its Eagle Point Pump Station, and WHEREAS the bid of DeLaval Steam Turbine Co. of Trenton, New Jersey, is the lowest and the best bid submitted by any respon- sible bidder NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, that the contract for the furnish- ing and delivering of two (2) elec- tric driven two stage pumping u- nits, in the amount of $10,000 be awarded to the DeLaval Steam Turbine Co, of Trenton, New Jersey. RESOLVED however, that this award shall not be effective until the DeLaval Steam Turbine Co. shall have been notified in writing the City Manager of such award. BE IT RESOLVED THAT thi: resolution being deemed urge"' and of immediate necessity be come effective from and after it: final passage and adoption by thi City Council. The above resolution was intra duced, passed and ordered place .0+. on file with the City Clerk this 9th day of August, 1948. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON Councilmen Record of Final Adoption The foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 16th day of August, 1945. FRANK VAN DUELMAN Mayor F. W. THOIIPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the idoption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton! Nays—None. AWARDING CONTRACT RESOLUTION NO. 192-48 JVHEREAS, proposals have been submitted by contractors for the improvement of Platt Street and Platt S_reet Extension from the east curb line of James Street to the east curb line of Cardiff Street pursuant to Resolution No. 152-48 and Thos. Flynn Coal Company, coiaracter, has submitted the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and sllecifications: now, therefore, the City BE IT RESOLVED Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thos. Flynn Coal Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. 13E IT FURTHER RESOLVED that this resolutio?i being deemed urgent and of immediate necessity 386 Special Session, August 16th, 1948 become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 9th, 1948. Passed and adopted this 16th day of August, 1948. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilmen Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. AWARDING CONTRACT RESOLUTION NO. 193-48 WHEREASp proposals have been submitted by contractors for the improvement of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane pursuant to Resolution No. 154-48 and Thos. Flynn Coal Company, contrac- tor, has submitted the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications: now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thos. Flynn Coal Company and the Manager be and he is hereby directed to execute on behalf of the City of Dubuque for the com- plete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 9th, 1948. Passed and adopted this 16th day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilman. Attest J. J. SHEA. City Clerk. Councilman Thompson moved the adoptiun of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. AWARDING CONTRACT RESOLUTION NO. 194-48 WHEREAS, proposals have been submitted by contractors for the construction of the Jackson Street Storm Sewer from the Bee Branch Storm Sewer at East Thirtieth and Jackson Streets along the west sidewalk line of Jackson Street to the center of Diamond Street: thence on the center line of Dia- mond Street to the east property line of Central Avenue: thence along the east sidewalk line of Central Avenue to a point 205.3 feet north of the center of Dia- mond Street pursuant to Resolution No. 156-48 and Clinton Engineering Company, Clinton, Iowa, contractor, has sub- mitted the lowest bid for the furnishing of all the labor and materials and performing the work as provided for' in the plans and specifications: now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Clinton Engineering Company, Clin- ton, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity Special Session, August 16th, 1948 387 become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 9th, 1948. Passed and adopted this 16th day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. J. J. SHEA, City Clerk.Q� Approve( - �' 3.1. - 149 Adopted =./•• 1949 ............ Attest: .�.�. .. City Clerk. <; Special Session, August 23rd, 1948 City Council (Official.) Special Session, August 23rd, 1948. Council met at 7:30 P.M. Present — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Moffatt. Mayor Van Duelman read the call and stated that service there- of had been duly made and that this meeting is called for the pur- pose of conducting a public hear- ing upon the plans and specifica- tions, form of contract, cost of im- provement, resolution of necessity for the improvement of Dunleith Street, also for the improvement of Mount Loretta Avenue, also for con- sidering bids received for the furishing of one unit of the blow- er type of snow removal apparatus and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans and specifications, form of contract and cost of improvement for the im- proving of Dunleith Street from the west property line of Southern Avenue to end, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. and filed. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im- proving of Dunleith Street from the west property line of Southern Ave- nue to end, presented and read. Councilman Murphy moved that the proof of publication be received (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION NO.205-48 WHEREAS, proposed plans and specifications and form of contract for the improvement of Dunleith Street from the west property line of Southern Avenue to end 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, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 23rd day of August, 1948; and WHEREAS, the City Council met in Special session this 23rd day of August, 1948, 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, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an oppor- tunity to be heard and all objec- tions which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications and form of contract here- tofore approved are hereby a- dopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said Special Session, August 23rd, 1948 399 improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 23rd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the a- doption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Necessity for improvement.) RESOLUTION NO.182-48 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve - final consideration of this proposed resolution have on file with the City Clerk objections to the a- mount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vately owned property lying with- in assessable 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, and any defi- cicncy shall be paid out of the gen- eral fund, improvement funds or sewer funds, or partly out of each of such funds. Bonds shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessme"E district shall be assessed to and paid by the railway company. 4. Each lot proposed to be The above resolution was intro - assessed together with a valuation on file approvWith ed City Clerk this2nd fixed by the Council. A ust 1948. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the Improvement of Dunleith Street from the west property line of Southern Avenue to end. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it advisa- ble and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the day of ug , The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 23rd day of August, 1948. FRANK VAN DUELMAN .Mayor. F. W. THOMPSON' CEO. R. MURP1iY ALBERT WHARTON R'. W. MOFFATT Councilmen. Attest: J• J SCity Clerk. Councilman .Murphy moved the a- doptio Co f the resMoffatt. Carried ed by by the following vote: 390 Special Session, August 23rd, 1948 Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Ordering Construction) RESOLUTION NO.206-43 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No.182-48 which was duly passed by this Council, for the improvement of Dunleith Street from the west prop- erty line of Southern Avenue to end be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications 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 improvements be paid for by levying special assessments a- gainst the privately owned proper- ty lying within the assessable dis- tance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special bene- fits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- ments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con. struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 45 calendar days after date of contract. 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 23rd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans, specifi- cations, form of contract and cost of improvement for the improving Of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east property line of McLenan Street, presented and read. Councilman Murphy moved that the proof of publica- tion be received and filed. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the im- proving of Mount Loretta Avenue from the east property line of Bry- ant Street to 181 feet east of the east property line of McLenan Street, presented and read. Coun. cilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Special >ession, August 23rd, 1948 391 (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION NO. 207-48. WHEREAS, proposed plans and specifications and form of contract for the improvement of Mount Loretta Avenue from the East property line of Bryant Street to 181 feet east of the east property line of McLenan Street. have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1946 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contracts for or cost of such improvements, said time being this 23rd day of August, 1948; and permanent record in connection with said improvement. Passed, adopted and approved this 23rd clay of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman `lurphy moved the adoption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. WHEREAS, the City Council met in Special session this 23rd day of August, 1948, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consid- ering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered: now, therefore BE IT FURTHER RESOLVED BY THE City Council of the City of Dubuque, that all objections have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby adop- ted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of NECESSITY for IMPROVEMENT Resolution No. 185-48 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be ass- essed together with a valu- ation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construc- tion and kind of material to be used. 6, in each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east property line of McLenan Street. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of property owners, deems it advis- 392 Special Session, August 23rd, 1948 able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of the pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the pians and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of the general fund, improve- ment funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when the work has been completed and an i- temized, verified statement of expenditures for materials and labor used in making such improve- ment has been filed with the Clerk and the proceeds thereof used to pay such expenses. The foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 23rd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas —M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays—None. (Ordering Construction.) RESOLUTION NO. 208-48. BE IT RESOLVED BY THE CITY COUNCIL OF THE OF OF DUBUQUE that pursuant to a resolution of necessity No. 185-48 which was duly passed by this council, for the improvement of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east proper- ty line of McLenan Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments a- gainst the privately owned prop- erty lying within the assessable distance from the improvements, whether such property abut upon' the same or are adjacent thereto, according to the area thereof and in proportion to the special bene- fits conferred, and any deficiency will be paid out of the improve- ment funds of the city. Payment will be made out of funds realized from the sale of bonds to be is- sued in anticipation of deferred pay- ments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Special Session, August 23rd, 1948 393 Passed and approved this 23rd August, 1948. FRANK VAN DUELMAN F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Yeas — Mayor Van Duelman, C o u n c i l nt e n Moffatt,. Murphy, Thompson, Wharton. Nays — None. Councilman Murphy moved that the bids submitted for the furnish. ing of one unit of the blower type of snow removal apparatus be re- ferred to the City Council, City Manager and Airport Manager to view the different type of equip- ment. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice to man- ufacturers and suppliers of snow removal equipment for the furnish- ing of one unit of the blower type of snow removal apparatus, present- ed and read. Councilman Thomp- son moved that the proof of pub- lication be received and filed. Sec. onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Dubuque, Iowa, August 23, 1948. To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: Pursuant to your in. structions sealed bids were received until 10 o'clock A. M. August 23, 1948 for the furnishing of a blower type snow removal apparatus for the municipal airport. The Klauer Manufacturing Company, Dubuque, submitted four separate proposals on various sized units. One bid was an F.W.D. chassis. The bids are hereto attached and are submit- ted to the Council for considera- tion. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Manager Rhomberg be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Councilman "'urphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to clo so, to address the Council. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the Illinois Central Railroad Company, By O'Connor, Thomas & O'Connor, Its Counsel and the Chicago, Milwaukee, St. Paul and Pacific Railroad Com- pany, By Clewell & Cooney, Its Counsel, protesting Resolution No. 180-48 adopted by the City Coun- cil of Dubuque on August 2, 1948 ordering the Illinois Central Rail. road Company and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company to construct a crossing over their tracks on Rail- road Avenue and requesting Coun- cil to reconsider the matter and rescind such resolution, presented and read. <lttorney i;. Marshall Thomas, representing the Illinois Attot'neY Robt. W. Clewell, C e n t r a l Railroad Company ehc.esenting the Chicago, 1lilwaulcee, St. Paul and Pacific Railroad Company address- ed the Council in support of the Petition of the Illinois Central RChicaail, road Company and Dlilwaukee, St. Paul and Pacific Railroad Company objecting to Resolution No. 180-48 a resolu- 394 Special Session, August 23rd, 1948 tion ordering the construction of railroad crossings on Railroad Avenue. Councilman Wharton moved that the petition be referred to the City Manager and City Solicitor to con- fer with Attorneys E. Marshall Tho- mas and Robt. W. Clewell and the officials of the Illinois Central Rail- road Company and the Chicago, Mil- waukee, St. Paul and Pacific Rail- road Company and to submit a report back to the City Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the Illinois Central Railroad Company, By, O'Connor, Thomas & O'Connor, Its Counsel, requesting the vacation of that por- tion of Railroad Avenue lying east of the extension southerly of the easterly property line of Block 27, Dubuque Harbor Company's Add- ition, presented and read. Council- man Wharton moved that the pet- ition be referred to the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of The Key City Gas Company for revision of gas rates due to its tremendously increased operating expenses since Decem- ber 1947 which requires an immedi- ate rate increase to permit it to operate without a loss, presented and read. Attorney Robt. Cle- well addressed the Council in support of the petition of The Key City Gas Company. Coun- cilman Thompson moved that the petition be referred to the City Council, City Manager and City Sol- icitor for their consideration. Sec. onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Mr. and Mrs. A. A. Jones submitting copy of a statement in the amount of $7.00 for the opening up of the main sanitary sewer in the vicinity of 2680 Greeley Street, presented and read. Councilman Murphy moved that the communication be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of the Iowa Sew- age Works Association extending an invitation to the City of Dubuque to attend the Annual State Con- ference to be held at Des Moines, Iowa on September 14th and 15th, 1948, presented and read. Council- man Moffatt moved that the com- munication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of the American Surety Company submitting at- tached Revocation of Power of At- torney authorizing the execution of certain bonds and undertakings on behalf of their Company when signed by William L. Gallogly as Attorney in Fact, presented and read. Councilman Thompson moved that the communication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Petition of Anton Zwack, Inc, requesting that the City Council grant permission to allow the pres- ent barricade on Ninth Street, a distance of six feet from the curb, between Locust Street and the alley first east to remain as is in order that they may proceed with the masonry work on the Northwestern Bell Telephone Exchange Building, presented and read. Councilman Wharton moved that the request be granted. Seconded by Councilman Special Session, August 23rd, 1948 395 Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn dur- ing the month of July, 1948, pre- sented and read. Councilman Mur- phy moved that the proof of pub- lictation be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. crossing at the intersection at 15th and Jackson Streets which was cov- ered with ice and a fresh fallen snow over the ice, sustaining in- juries as required her to go to the hospital and receive medical at- tention: that the total amount of her expenses are $24.20. I recommend that her claim be allowed in the said amount of $24.20 and that a warrant be issued pay- able to her for $24.20 and deliver- ed to her upon delivery to the City of a release properly executed by her. August 18, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Spahn and Rose Lumber•Company for the material furnished D. C. May Construction Company for the improvement of Diamond Street in the amount of $258.78 in accord- ance with an itemized statement filed, I recommend that double of the amount of the claim on file be retained by the City of Dubuque until said claim is paid or release. Yours truly, John J. Kintzinger City Solicitor. Councilman Moffatt moved that the recommendation of City So- licitor Kintzinger be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. August 23, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mary Krakow dated March 5, 1948, for $24.20 upon investigation I find that on or about February 11, 1948, at 8:30 o'clock A.M. she fell on the Yours truly, John J. Kintzinger City Solicitor. Councilman Thompson moved that the recommendation of City So- licitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $24.20 in favor of Mrs. Mary Krakow, as settlement in full of her claim, and that said warrant be delivered up- on receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. August 20, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of July, 1948, also list of claims and list of payrolls for which warrants were issued for the month of July, 1948. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the reports be received and placed on file. Secoded b by Coun- cilman Murphy. Carried the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. 396 Special Session, August 23rd, 1948 August 21, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting held August 2nd the petition of George Sherbine and others requesting a street light on Curtis Street between McEvoy Place and South Hill Street was referred to the City Council to view the grounds. The Council having viewed the grounds decided . to order the installation of a street light. I recommend the the decision of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. August 21, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of August 2nd the communication of the Planning & Zoning Commission recommend- ing denial of the petition of Mrs. II. L. Dean and others for rezoning to multiple family classification the north side of West Fifth Street between Paulina and Alpine Streets was referred to the Coun- cil to view the grounds. The Coun- cil having viewed the site decided to resubmit the matter to the Plan- ning & Zoning Commission for further study. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. August 21, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Coun- cil held August 16th the petition of Louis C. Kolfenbach asking permission to construct an eight in sanitary sewer from Roosevelt St. into Lot 2 of B of 2 of 1 of M. L. 304 and Lot 2 of 1 of 1 of 1 of 1 of M. L. 304 the same to become a part of the City sewer system under an easement to be granted to the City, was referred to the City Council to view the grounds. The Council viewed the premises on August 17th and decided to grant Mr. Kolfenbach permission to con- nect his property with the Roose- velt Street sewer. However, the sewer connection will remain a private sewer and not a part of the city sewer system until such time as the streets are dedicated and ac- cepted and the conditions for the approval of the plat of the pro- posed Vernon Heights Subdivision as outlined in the report to the City Council dated May 24, 1948 are complied with. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. Rhomberg City Manager. Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. See. onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. August 21, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting held August 9th the petition of Mrs. Leo Theis re- questing a street light at the cor- ner of Ascension and Thomas Special Session, August 23rd, I948 397 Streets was referred to the Coun- RESOLUTION NO. 210 - 48 cil to view the grounds. The Coun- Whereas, applications for Class cil having viewed the premises de- "B" Beer Permits have been sub- cided there was little need for a mitted to this Council for approval light at this point. and the same have been examined: I recommend that the decision NOW, THEREFORE, of the Council be confirmed. Respectfully submitted, BE IT RESOLVED by the Coun. A. A. Rhomberg, cil of the City of Dubuque that City Manager. the following applications be grant- ed and the licenses are to be is - Councilman Thompson moved sued upon the compliance with the that the recommendation of City terms of the ordinances of this Manager Rhomberg be approved. City. Seconded by Councilman Wharton. CLASS "B" PERMIT Carried by the following vote: NAME AND ADDRESS Yeas — Mayor Van Duelman, Mrs. Florence M. Miller and Mrs. Councilmen Moffatt, Murphy, Alice Fridley, 400 Central Avenue. Thompson, Wharton. Gaylon C. Seeley, 2595 Rhomberg Nays — None. Avenue. RESOLUTION NO. 209-48 Passed, adopted and approved BE IT RESOLVED by the City this 23rd day of August, 1948. Council of the City of Dubuque FRANK VAN DUELMAN that the following, having com- Mayor. plied with the provisions of law F. W. THOMPSON relating to the sale of cigarettes GEO. R. MURPHY within the City of Dubuque, be ALBERT WHARTON granted a permit to sell cigarettes W W MOFF ATT and cigarette papers within said Councilmen. City and the Manager is directed to issue such permit on behalf of Attest: J. J. SIiEA said City. City Clerk. NAME AND ADDRESS Councilman Murphy moved the John E. Kringle, 64 Locust adoption of the resolution. Second - Street. ed by Councilman Wharton. Car- Gaylon C. Seeley, 2595 Rhomberg ried by the following vote Avenue. Yeas — Mayor Van Duelman, BE IT FURTHER RESOLVED C o u n c i l m e n Moffatt, Murphy, that the bond filed with the ap- Thompson, Wharton. plication be approved. Nays — None. Passed, adopted and approved RESOLtiTION NO. 211 — 48 this 23rd day of August, 1948. WHEREAS, heretofore applica- FRANK VAN DUELMAN tions for Class "B" Beer Permits Mayor. were filed by the within named F. W. THOMP applicants and they have received GEO. R. MURPHY of this Council; and ALBERT WHARTON the approval W. W. MOFFATT WHEREAS, the premises to be Councilmen. occupied by such applicants have Attest: J. J. Shea been inspected and found to corn - of this City Clerk. ply with the ordinances City and they have filed a oiler Councilman Moffatt moved the Rpt bond: NOW, THEREFORE, adoption of the resolution. Second by the Conn, ed by Councilman Murphy. Carried 13E IT RESOLVED Dubuque that by the following vote: cil of the City of Manager be and he is here - Yeas — Mayor Van Duelman, the f llow- to issue C o u n c i l m e n Moffatt, Murphy, by directed app soatBe Thompson, Wharton. ing named Nays — None. mit. 398 Special Session, August 23rd, 1948 CLASS "B"PERMIT NAME AND ADDRESS John Kringle, 64 Locust Street. Mrs. Florence M. Miller and Mrs. Alice Fidley, 400 Central Avenue. Gaylon C. Seeley, 2595 Rhom- berg Avenue. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same hereby approved. Passed, adopted this 23rd day of August, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Airport Manager Oleson submit- ted verbal report recommending that the Old Island Airport be dis- continued and closed at once and that an X be placed in the center of the field signifying the closing of the Airport and that the proper Agencies be so notified. Council- man Wharton moved that the ver- bal recommendation of A i r p o r t Manager Oleson be approved and the Airport Manager empowered to carry out the necessary procedure. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Approved Adopted; Councilmen: J. J. Shea. CITY ( 44anM...3 Attest: ....�. �. Regular session, September 6th, io4S 31 p I city Council (Official) Regular Session, September 6th, 1948. No members of the City Coun- cil being present upon roll call the meeting was postponed sub- ject to call. J. J. Shea. CITY CLERK. Approvedv�J/949. Adopted C • /J„• v. Councilmen ��' t*✓=-..: `•.'..!..� '` Attest: _ .. ........... ........ City Clerk. 400 \rljourned Regular Session, September 7th, 1948 City Council (official.) Adjourned Regular Session, Sept- ember 7th, 1948. Council met at 7:30 P. M. Present — Mayor Van Duel - man, Councilmen Moffatt, Murphy, Wharton. City Manager Rhomberg. Absent —Councilman Thompson. Mayor Van Duelman stated that this meeting is an Adjourned Meet- ing of the Regular Meeting of Sept. 6th, 1948 for the purpose of acting upon such business as may prop- erly come before a Regular Meet- ing of the City Council. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposal for the construction of storm sewerage system, curb and gutter and street surfacing for streets included in the Hillcrest Annexa- tion Assessment District: 1—Hillcrest Road from the west property line of Asbury Road to the east property line of Avalon Road. 2—Ogilby Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 3—Chaney Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 4—Morningview Road from the south property line of Asbury Road to the north property line of Hill- crest Road, 5—Broad 1 a wn Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 6—Avalon Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 7—Valleyview Road from t h e east property line of Avalon Road to the west property line of Chaney Road. presented and read. Councilman Murphy moved that the proof of i..ucation be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen :Moffatt, Murphy, and Wharton. Nays — None. Absent —Councilman Thompson. September 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions bids were solicited from contract- ors for the improvement of all the streets in the Hillcrest District except Mullin Road. No bids were received for this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Alurphy moved that the communication of City Man- ager Rhomberg be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt. Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pre- sent in the Council, who wishes to do so, to address the Council. Seconded by Councilmar- Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson, Petition of the Iowa Improve- ment Company requesting permis- sion to provide by private con- tract for the curbs and gutters on Chaney Road from the south prop- erty line of Asbury Street to the north property line of Hillcrest Road; Morningview Road from the south property line of Asbury Street to the north property line of Hillcrest Road; Valleyview Road from the east side of ;Morning - view Road to the west side of Chaney Road, the work to be done in accordance with the plans and specifications of the City of Dub- uque and under the supervision Adjourned ke ular Session, September 7th, 1948 401 of the City Engineer and to be paid for in full in cash by the I Iowa Improvement Company, pre- sented and read. Attorney Robert W. Clewell addressed the Council in support of the petition of the Iowa Improvement Company. Coun- cilman Wharton moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, and Wharton. Nays — None. Absent —Councilman Thompson. Communication of Willman Com- pany advising that their Bonding Company have declined to write _Maintenance Bond for the pro- posed macadam base pavement in Hillcrest Addition, on the grounds that this type of pavement is sub- ject to freezing and thawing con- ditions and that the base source is too light to withstand these conditions and that they are unable to place a bid for the described work in Hillcrest Addition, pres- ented and read. Councilman Mur- phy moved that the conununica- tion be received and filed. Second- ed by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Councilmen Moffatt, Murphy, and Wharton. Nays — None. Absent —Councilman Thompson. Communication of the Dubuque Chamber of Commerce, by J. A. Kerper, Secretary, submitting ad- ditional information in the way of Advance Statements as selied- uled for the Businessmen's Con- ference on Urban Problems to be held at Detroit, Michigan, Sept- ember 13 and 14, presented and read. Councilman Wharton moved that the communication be re- ferred to the Council for their con- sideration. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Communication of Dubuque Chamber of Commerce, by J. A. Kerper, Secretary, in regard to the Businessmen's Conference on Ur. ban Problems to be held at Detroit, Michigan, September 13 and 14 and suggesting Council approval for participation in this conference by the attendance of one member of the Planning and Zoning COmmis- sion and such other person or persons as the Council might se- lect, the expense of such person or persons to be borne by the City of Dubuque, presented and read. Councilman Wharton moved that the communication be referred to the Council for their consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Notice of claim of Neil Schubert in the amount of $44.06 for dam- ages to his automobile caused in striking an open drain plate stick- ing out over the curbing in front of 21 West Seventh Street, pre- sented and read. Councilman Moff- att moved that the notice of claim be referral to the City Solicitor for investigation and report. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. WAR DEPARTMENT United States Engineer Office Clock Tower Building Rock Island, Ill. Refer to File No U30 August 19.43 Honorable Frank Van Duelman Mayor of the City of Dubuque Dubuque, Iowa Dear Sir: Reference is made to the Pro- posed small -boat harbor, uthorized by gation for which resolution of HarborsGof71thetee HousOne Rivers and adopted 2'7 of Representatives, blic hearing on April 1947. At the the P the matter which was held Ill Chamber of Commerce Building in 402 Adjourned Regular Session, September 7th, 1948 Dubuque, 6 January 1948, local in- terests presented statements for consideration of: a. The construction of a small - boat harbor at the upper end of Hamm Island by excavating an area sufficient to accomodate 200- 300 boats. The location of the small -boat harbor as requested by local interests is essentially as pro- posed by Industrial Engineers, Inc., in their plan of development for Hamm Island. b. Dredging of the present harbor at the foot of First Street to pro- vide easy access for commercial tows. For the purpose of this re- port the dredging of the present commercial facilities is not consid- ered since this work is contemplat- ed under separate authority. A study of the plan for construc- tion of a small -boat harbor at the upper end of Hamm Island in ac- cordance with the desires of local interests has been completed, and it is estimated that approximately 105,677 cubic yards of material would be excavated to elevation 584.0 for a length of approximately 1,500 feet landward of the present shore line. Materials dredged would be utilized to construct a dike on three sides of the harbor to eleva- tion 609.0. The harbor would be 125 feet wide at flat pool elevation with 1 on 3 side slopes. The dike on the north side would be constructed with a 55 -foot crown to provide the base for construction of an access road to the harbor, service area, and provision for parking. A map showing the proposed pro- ject as discussed in the preceeding paragraph is inclosed. It is estimated that the first costs of the proposed small -boat harbor would total $74,000. Of this total, approximately $53,000 would be borne by the Federal Govern- ment for clearing the land, dredg- ing the area and for placing riprap where necessary. Local interests would provide for the construction of a boathouse, access roads, etc., at an estimated cost of $21,000. The above figures do not include self-liquidating features which local interests would be required to pro. vide. For the small -boat harbor, such facilities as slips and service facilities should be provided. This equipment is estimated to cost $17,000. The extent to which local inter- ests would be required to partici- pate in each of the features is list- ed below: a. Provide without cost to the United States all necessary lands, easements, and right-of-way for the construction and maintenance of the project. b. Hold and save the United States free from damages due to construction and maintenance of the project. c. Provide and maintain without cost to the United States neces- sary mooring facilities and utilities, including a public landing with suit- able supply facilities open to all on equal and reasonable terms, in accordance with plans approved by the Chief of Engineers. d. Establish a competent andpe prorly-constituted public body empowered to regulate the use, growth, and full development of the harbor facilities with the under- standing that said facilities shall be open to any on equal terms. e. Provide that the essential facilities, in connection with the small -boat harbor, will be operated without unreasonable profit; and provided that rental charges will be reasonable and subject to the approval of the Secretary of the Army. If you so desire, this office will be pleased to forward to higher au- thority a report recommending con- struction of the facilities described herein upon receipt of assurances that local interests are willing and able to co-operate to the extent out- lined above. Such assurances should be in the form of a letter from responsible city officials. In view of the fact that this report is scheduled for submittal to higher authority at an early date, it is re- quested that your reply be expedited. Yours very truly, R. L. DEAN Colonel, Corps of District Engineer Incl. Map, Proposed Harbor Adjourned Regular Session, September 7th, 1948 403 Councilman Wharton moved that the communication be referred to the Board of Dock Commissioners for their recommendation and re- port and the U. S. Engineers Of- fice at Rock Island, Illinois, to be advised of the action taken by the City Council. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Communication of Ralph C. Gra- ham, State Director American Pub- lic Works Association, with refer- ence to membership in the Ameri- can Public Works Association, pre- sented and read. Councilman Mur- phy moved that the communication be referred to the City Manager for his recommendation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent—Councilman Thompson. Yeas — Mayor Van Duelman, C o u n c i l m en Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Petition of Joseph Collins re- questing a refund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 112 as he has discontinued business on August 9, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Joseph Collins to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 112. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. August 30, 1948 To: Honorable Mayor and City Council of Dubuque, Iowa Dubuque Ready -Mix Concrete Co. hereby withdraws its application to open and extend Dodge Street, at this time, to the east as heretofore petitioned by the said company or asking for the opening or extension of any streets or crossings to the east across railroad tracks of the Milwaukee Railroad or Illinois Cen- tral Railroad. The above company also hereby states that it has no interest in seeing Railroad Avenue opened to the east across the tracks of the Illinois Central Rail. road and Milwaukee Railroad. The existing crossings at Jones and First Streets will be satisfactory to the undersigned in the conduct of its business operations. Very truly yours, DUBUQUE READY -MIX CONCRETE CO. By Floyd G. Rubey, Mgr. Councilman Wharton moved that the communication be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Petition of Mrs. Kate Capretz and Wm. Lembke requesting a re- fund in the amount of $75.00 on the unexpired portion of their Cigarette Permit No. 12 as they have discontinued business on August 311 1948, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Mrs. Kate Capretz and Win. Lembke to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 12. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Petition of Mrs. Kate Capretz and Win. Lembke requesting a re- fund in the amount of $150.00 on the unexpired portion of their Class "B" beer permit No. 26 as theY have discontinued p esbusin s on An, gust 31, Councilman Moffatt moved that the request be granted an the City Auditor be instructed to warrantdraw a $150.00 nfavor of Mrs amount Kate Ca- pretz and Wm. Lembke to cover the amount of refund granted on the 404 Adjourned Regular Session, September 7th, 1948 unexpired portion of their Class "B" beer permit No. 26. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Petition of Anna Hamilton re- questing a refund in the amount of $75.00 on the unexpired portion of her Cigarette Permit No. 220 as she has discontinued business on September 7, 1948, presented and read. Councilman Wharton moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Anna Hamilton to cover the amount of refund granted on the unexpired portion of her Cigar- ette Permit No. 220. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Petition of Anna Haryilton re- questing a refund in the amount of $150.00 on the unexpired portion of her Class "B" beer permit No. 63 as she has discontinued business on September 7, 1948, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Anna Hamilton to cover the amount of refund granted on the unexpired portion of her Class "B" beer permit No. 63. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson Petition of Wilfred E. Datismar et al requesting the installation of street light at the intersection of Apple and Oak Streets, presenter and read. Councilman Moffat moved that the petition be referre, to the Council to view the grounds Seconded by Councilman Murphy Carried by the following vote: Yeas — M a y o r Van Duelman, o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Petition of Joe. Peter et al re- luesting the installation of sewer ind water mains on St. Ambrose Street to Seminary Street north, Hazel Street to Bunker Hill Golf Course Road, presented and read. Councilman Murphy moved that ,he petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson, Petition of H. A. Bischoff et al requesting that a sidewalk be or- dered constructed on the east side of State Street in front of Lot 1 of 17 and Lot 18, presented and read. Councilman Murphy moved that the petition be referred to the City Manager anti Sidewalk In- spector to view the grounds. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Dubuque, Iowa, September 7,1948 Honorable Frank Van Duelman, Mayor A. A. Rhomberg, City Manager City of Dubuque City Hall Dubuque, Iowa Dear Sirs: I am an elector and a taxpayer of the City of Dubuque and, as such, am interested in the affairs of the City, and particularly the matters that affect the taxpayers. I am writing you pertaining to the legality of the past and fu- ture proceedings and action by the City in connection with the con- struction of airport hangar build- ings at the Municipal Airport, own- ed and operated by the City. I note that this project was originally advertised for construct- ion bids to be filed on or before July 19, 1947 at 10:00 A. M. at the office of the City Manager in the City Hall. Bids were tendered Adjourned Regular Session, September 701, 1948 405 for the construction of the project and I am informed that such bide were subsequently rejected. Subse- quently, the .City proceeded to do the work on a day labor basis and without a contract therefor, and without a bond being furnish- ed for the faithful performance of such construction as is required by law. Quantities of material have been purchased by the City for this construction project and with- out previously advertising for bids therefor. The law provides that contracts for the construction of such pro- jects shall be let to the lowest responsible bidder, and that upon the acceptance of a bid, a success- ful bidder must furnish a bond with proper surety conditioned for the faithful performance of the contract. The law, apparently, does not authorize or permit the pre- cedure which you have followed and are following. It is, therefore, respectfully re- quested that before the City pro- ceeds further with this project, that the matter be submitted to the Attorney General of Iowa for a ruling or opinion upon the legal- ity of this procedure. Please be advised that unless proper legal procedure is pursued in this matter, such action as may be necessary, will be taken to com- pel compliance with the law. Kindly advise me at once wheth- er or not the City will forthwith submit the matter to the Attorney General of Iowa for his ruling or opinion, and, also, what your fur- ther plans are in regards to the entire situation. Respectfully submitted, Helen C. Hennings. September 1, 1945 Mr. J. J. Shea City Clerk Dubuque, Iowa Dear Mr. Shea: Enclosed herewith is transmis- sion line easement to Interstate Power Company from Virginia -- Carolina Chemical Corp. Yours very truly, City of Dubuque Board of Dock Commissioners By Carl F. Bartels, Engineer Councilman Moffatt moved that the communication and easement be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelmau, C o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent—Councilman Thompson. Councilman Murphy moved that the communication be referred to the City Solciitor for investigation and report. Seconded by Council- man Wharton. Carried by the following vote: Yeas — Mayor Van DueMurphy,loran Councilmen Moffatt, Wharton. Nays — None. Absent—Councilman Thompson. _dfi.. September 7, 1943. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond and policy and desire to have your approval on same for filing: EXCAVATION Curtis -Straub Company, 1069 Main Street, Bond No. MP57494, Cen- tral Surety & Ins. Corp. TAXI -CAB William Dye (Veterans Radio Cab Co.). 973 Main Street (rear), Pol- icy No. 36198, National Indemni- ty Co. Respectfully submitted, A. A. Rhomberg, City, Manager. Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman' Wharton. Carried by the followinti vote: Yeas — Mayor Van Duelman, Councilmen M o f f a t t, Murphy, Wharton. Nays — None. Absent—Councilman Thompson. September 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In the levying of the special as- sessment Lanon e aerroro wasa t of inad- 4o6 Adjourned Regular Session, September 7th, 1948 yertently made in the assessment of Lot 1 of Bartel's Sub. owned by Robert Bartels, et al. The as- sessment roll lists this assessment for $636.92. This amount should have been $336.92. I recommend that the owners of the property be permitted to sat- isfy their assessment upon the pay- ment of $336.92 and that the City, from its improvement fund, pay the deficiency equal to $300.00. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. September 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions the audit of the City's affairs for the period from April 1, 1946 through March 31, 1948 was made by Brooks, O'Connor & Brooks, cer- tified public accountants, and the same has been submitted to the State Auditor as provided by law. Herewith submitted are copies of this audit for the consideration of the Council. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Murphy moved that the communication of City Man- ager Rhomberg and the audit be received and placed on file. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. September 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The construction of the Vernon and Edina Streets sanitary sewer by the Thos. Flynn Coal Company has been completed according to the plans and specifications. Therefore, I recommend its ac- ceptance by the Council. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent—Councilman Thompson. (A Resolution Accepting Im- provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 212-48 Whereas, the contract for the construction of an eight (8) inch vitrified tile sanitary sewer for Vernon and Edina Streets begin- ning at the existing manhole lo- cated in mineral lot No. 176 and running southerly across mineral lot No. 176 and lot No. 72 of Voelk- er Highlands to the center of Edina Street, (M. H. No. 1) thence southerly across lots 1 and 2 of lot 73 of Voelker Highlands and lot 1 of Mount Pleasant addition to the center of Vernon Street, thence north easterly along the centerline of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole No. 1 northeast- erly along the centerline of Edina St. to a point 225 feet west of the west property line of Alta Vista Street. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the Adjourned Regular Session, September 7t11, 19-15 .}o; City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 7th day of September, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Teas — Mayor Van Duelman. Councilmen Moffatt, Murphy, Wharton. _^ Nays — None. Absent —Councilman Thompson. the Council award the � contract to the Klauer Manufacturing Com- pany for the Snogo Model LMU mounted on special four-wheel drive Model KB -7 Interna.tional- Coleman chassis with truck load- ing attachment at the bid price of $14,225.00. September 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of August 23rd the bids submitted for furnishing snow removal equipment for the airport were referred to the City Council, City Manager and Airport Manager to view the equipment bid upon. After the equipment had been examined the Council decided to await the recommendation from the City and Airport Managers. Accordingly, we recommend that Respectfully submitted. A. A. Rhomberg, City Manager. C. P. Oleson, Airport Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg and Airport Man- ager Oleson be approved. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, and Wharton. Nays — None. Absent —Councilman Thompson. RESOLUTION NO. 213-48 WHEREAS, proposals have been submitted by contractors for the furnishing of one unit of the blow- er type of snow removal apparatus. Klauer Manufacturing Company has submitted the lowest bid for the furnishing of a Snowgo '.Model L,MU mounted oil special four- wheel-drive Model KB -7 Interna- tional -Coleman chassis with truck loading attachment at the bid price Of $14,225.00. BE IT RESOLVED by the City Council of the City of Dubnque that the contract for the above mentioned equipment be awards d to the Klauer Manufacturing Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque. BE IT FURTHER ItESOL%'ED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by City Council. Approved and placed on file for one week on September 7th 1:148. Councilman Moffat'�i oc ld that the resolution be all ' 408 .Adjourned Regular Session, September 7th, 1948 placed on file for one week. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, and Wharton. Nays — None. Absent—Councilman Thompson. August 25, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mr. and Mrs. A. A. Jones, 2680 Greeley St., for costs and expenses of cleaning their sewer. There is nothing set forth in the letter show- ing wherein the City was negligent in this matter. I recommend that the claim be denied. Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Wharton moved that the recommendation of City Solici- tor Kintzinger be referred to the Council for their consideration. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. RESOLUTION NO. 214-48 BE 1T RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relat- ing to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to is- sue such permit on behalf of said City. NAME AND ADDRESS Thomas R. Peed and Raymond G. Wunder (Change of address from 236 West 7th Street), 1006 Cen- tral Avenue. Clarence Zenz and Marie Zenz, 509 Eighth Avenue Carl Noel, 1080 University Avenue. BE IT FURTHER RESOLVED that the bonds filed with the appli. cations be approved. Passed, adopted and approved this 7th day of September, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. RESOLUTION NO. 215-48 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 Coun- cil of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Thomas R. Peed and Raymond G. Wunder (Change of address from 236 West 7th Street), 1006 Cen- tral Avenue. William Hochberger, 1701 Asbury Street. Audrey J. Fesler, 553 Eighth Ave. Carl L. Noel, 1080 University Ave. Clarence Zenz and Marie Zenz, 509 Eighth Avenue. Thomas F. McDonough and Ruth McDonough, 1052 University Ave. Mrs. Margaret Barrington, 244 West First Street. J. Louis Spielman and Susan Spielman, 601 Rhomberg Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Lodge No. 355, Loyal Or- der of Moose, 1379 Central Ave. The Oasis Club, 998 Central Ave. CLASS "C" PERMIT National Tea Company, 898 Main Street Tenenbom Super Market, Inc., 630 Locust Street. Mrs. Wilma Gloeckner, 343 Eighth Avenue. Adjourned Regular Session, September 7th, 1948 .}0() Passed, adopted and approved this 7th day of September, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i 1 m e n Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. RESOLUTION NO. 216-48 WHEREAS, heretofore applica- tions for Deer Permits were filed by the within named applicants and they have received the ap- proval 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Lodge No. 355, Loyal Or- der of Moose, 1379 Central Avenue The Oasis Club, 998 Central Avenue CLASS "C" PERMIT National Tea Company, 898 Main Street. Tenenbom Super Market, Inc., 630 Locust Street Mrs. Wilma Gloeckner, 343 Eighth Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 7th day of September, 1948. FRANK VAN DUELMAN, Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. CLASS "B" PERMIT ;TAME Thomas R. Peed and Raymond G. Wunder (Change of address from 236 West 7th Street), 1006 Central Avenue. William Hochberger, 1701 Asbury Street. Audrey J. Fesler, 553 Eighth Avenue. Carl L. Noel, 1080 University Avenue. Clarence Zenz and Marie Zenz, 509 Eighth Avenue. Thomas F. McDonough and Ruth McDonough, 1052 University Avenue. Mrs. Margaret Barrington, 244 West First Street. J. Louis Spielman and Susan Spiel- man, 601 Rhomberg Avenue. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. .Absent —Councilman Thompson. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. J. J. SHEA "_J, e C V Special Session, September 14th, 1948 City Council (OFFICIAL.) Councilman Wharton moved that the recommendation of City En- gineer Gallagher be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Special Session, September 14th, Yeas — M a y o r Van Duelman, 1948. Councilmen Moffatt, Murphy, Council met at 7:30 P.M. Thompson, Wharton. Pent — Mayor Van Duelman, Nays — None. res Councilmen Moffatt, Murphy, Councilman Murphy moved that Thompson, Wharton. Absent —City Manager Rhom- the rules be suspended for the pur- pose of allowing any one present berg. in the council Chamber, who wish - Meeting called by order of Coun- es to do so, to address the Council. cilmen Murphy and Thompson. Seconded by Councilman Moffatt. Mayor Van Duelman read the Carried by the following vote: call and stated that service there- yeas — Ma y o r Van Duelman, of had been duly made and that this meeting is called for the pur- pose of considering bids submitted Thompson, Wharton. for the improvement of Dunleith Nays — None. Street from the west property line of Southern Avenue to the end and acting on any other business as may properly come before a regu- lar meeting of the City Council. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Dunleith Street from the west property line of Southern Avenue to the end, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. September 14, 1948 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions sealed bids were received until ten o'clock A.M. September 14, 1948 for the improvement of Dunleith Street from Southern Avenue to the end. One bid was received from the D. C. May Construction Company as shown on the attached tabula. tion. I rec9mmend that single bid received be rejected on the grounds that the bid exceeds the Engineer's estimate by 21 per cent Respectfully submitted, R. J. GALLAGHER City Engineer. Mayor Van Duelman submitted and read the following statement: With reference to the petition of The Key City Gas Company for increase in gas rates, this Council has investigated the petition and other information furnished by The Gas Company. It is the decision of the Council that before any action can be taken the Council will employ an expert on the question of gas rates and the operation of gas plants. He will make a thorough investigation in- to all questions bearing on the petition of The Key City Gas Company. As soon as we can se- cure the services of a competent and impartial expert it will be an- nounced and the investigation pro- ceed. Councilman Moffatt moved that the statement be received and made a matter of record. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Awarding Contract) RESOLUTION NO. 213--48 WHEREAS, proposals have been submitted by contractors for the furnishing of one unit of the blow- er type of snow removal apprat.us, and Klauer Manufacturing Com- pany has submitted the lowest bid for the furnishing of a Snogo 11Iod- el LMU mounted on special four- wheel-drive Model KB -7 Interna- Special Session, September 14tll, 1945 411 tional-Coleman chassis with truck loading attachment at the bid price of $14,225.00. BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Klauer Manufacturing Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque. BE IT FURTHER RESOLVED that this resolution beim; deemed urgent and of immediate necessity become effective from aPA after its passage and adoption by the City Council. Approved and placed on file for one week on September 7th, 1948. Passed and adopted this 14th day of September, 1948. FRANK VAN DUELMAN Mayor. F. W. THONIPSON GEO. R. MURP1-11' ALBERT WHARTO:v W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilmen Moffatt, Murphy, . Thompson, Wharton. Nays — None. Notice of claim of Miss Dorothy Kruse in an unstated amount for injuries received in a f:,Il in a broken pipe on St. Ambrose Street., presented and read. Councilman Thompson moved that the notice of claim be referred to the City Solicitor for investigation "find re- port. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Vaa Duelman, Councilmen Moffatt, 4Iurphy, Thompson, Wharton. Nays — None. Councilman Murphy moved the adoption of the resolution. ;econd- ed by Councilman Thompson. Car- ried by the following vo:e Yeas — M a y o r Vast Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petitions presented by the Pres- cott School Parent Teachers Asso- ciation urging the City Council to reconsider their plans for making a boulevard of Twelfth Street, to- gether with a coinmunicat i011 Rf the Board of Education, by Max Clark, Superintendent, endorsing the request of the citizens and pa- trons of the Prescott Elementary School urging the City Coun- cil to reconsider its pians for mak- ing a boulevard of Twelfth Street, presented and read. Councilman Murphy moved that the petitions and the communication be referrer to the Council for consideration Seconded by Councilman Moffatt Carried by the following vote: Yeas — Mayor Van Duelman Notice of claim of Robert E. Lucy in the amount of $100.00 for in. juries received by his four year old daughter, Betty Louise Lucy, for injuries received while sliding down a sliding board or sliding apparatus in the Eagle Point Park, presented and read. Councilman Thompson moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman. C o u n men Moffatt, Murphy. Thompson, Wharton. Nays — None. Petition of the Navy Club of Dubuque Ship No. 67 requesting permission for to hold their annual Anchor Day Sales on Saturday, October 2nd, 1948, presented and read. Councilman Moffatt moved that the request be granted. Sec- onded by Councilman :Murphy. Car- ried by the followill. vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays — None. Petition of Clarence A. Kintzle of al requesting that Rmuietlerd at nue be designated a the intersAvoca Sttre Lstand that nue and 1 proper traffic signs he iuStalle•l, presented and read. Conncibnan Mtu'Phy moved that the n.aitiort i,e referred to the Chief of Polii; Sore - recommendation and rel' d12 Special Session, September 14th, 1948 ended by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Frank Reis request- ing a refund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 219 as he has discontinued business on September 7th, 1948, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amoun', of $7:.00 in favor of Frank Reis to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 219. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Frank Reis request- ing a refund in the amount of $100.00 on the.unexpired portion of his Class "B" beer Permit No. 12 as he has discontinued business on September 7th, 1948, presented and read. Councilman Wharton moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Frank Reis to (,ever the amount of refund granted on the unexpired portion 3f his Class "B" beer permit No. 12. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c 11 m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. J. J. SHEA City Clbrk. Approved T�N Adopted Councilmen: j Attest: .......y...} AL 1949. 1949. ...,w,..,4 ............. City Clerk. Special S,, ;ion, September 24th, 1948 413 tutor of traffic cases to tlta secouil C} Council annual Traffic Court Judges and ` Prosecutors Conference to be Held (OFFICIAL.) at Northwestern University Law School on October 21, 22, 25, 26, Special Session, September 24th, 27, presented and read. Council- 1943. man Wharton moved that the Council met at 7:30 P.M. Police Judge be authorized to at- Present — Mayor Van Duelman, tend x- the Conference at City ex- Councilmen Moffatt. Mnrphyj p nese providing he finds it con- Councilmen Thompson, Wharton. City Manager venient to attend. Seconded by Rhomberg. Councilman Murphy. Carried by Meeting called by order of Coun- the following vote: cilmen Wharton and Motfatt• Yeas — Mayor Van Duelman, Mayor 'Van Duelman read the Councilmen Moffatt, 311,11•phy, and stated that service there- Thompson, Wharton. call of had been duly mads and that Nays — None. this meeting is called for --he pur. Communication of the American pose of considering plans for the Engineering ex- Society of Sanitary E of the New Municipal f tity of ending invitation the he CRY Airport and acting oil any other Airport Dubuque to send the l business as may properly crone Spector or one of the other Health before a regular meeting of the Officials to attend a twn clay e•lu- City Council. cation program - a Refresher Councilman Wharton ninVecl that Course for Plumbing Inspectors the rules be suspended for the and Health Officials to be 1101,1 purpose of allowing any one PVeS- October 17th and 18th in Plloeni:�. ent in the Council Chamber, who Arizona, presented and read. Coun- wishes to do so, to address the cilman Murphy moved that the Council. Seconded by Councilman Plumbing Inspector be authorized Moffatt. Carried by the fallowing to attend the Conference at City vote: expense providing that ae finds it Yeas — M a y o r Van Duelman, convenient to attend. Seconde.l by Councilmen Moffatt, Murphy, Councilman Thompson. Carried by Thompson, Wharton. the following vote: Nays — None. Yeas — M a y o r Van Duelman, The Aviation Committee of the councilmen Wharton. -l!0"Phy- Chamber of Commerce discussed for the Thompson, *one. Nays — with the City Council plans dedication of the New Illunicipal Communication of the Ilenuin Airport and after a lengthy dis• son Engineering Co. in reference cussion Councilman Moffatt moved to Senate Bill No. 413, Elimina- that the Aviation Committee of tion of Stream Pollution, and ad- the Chamber of Commerce, which City vising Council that the bill as in- Federal includes a member of the Airport Manager, troduced provides that the Pay a part of Council and the be to proceed with the Government would of constructing sewage dis- authorized arrangements for the dedication of the cost plants, presented and read. that the New Municipal Airport to be Second- posal Councilman Wharton 'novel be r cuivC11111c Land held on October 24th, 1943. Car. the communication an ed by Councilman Wharton. filed. Seconded by tha following rico by the following vote Moffatt. Carried by Yeas — M a y o r Van Duethnan, Moffatt, Murphy, vote: — Mayor Van Duelman, Councilmen Yeas ^i a� plty Moffatt, Thompson, Wharton. Councilmen Wharton. Nays — None. ThomPson, Am Communication of the American Nays — None. moved that invita- Bar Association extendingougn to Councilman Wharton be requested to tion to the City Judge and Prose- the City Manager send the Police 414 Special Session, September 24th, 1948 advise Council on the advisability of commencing construction of a sewage disposal plant and thr ways and means of financing the project. Seconded by Councilman Murphy. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Ralph C. Graham, State Director, Ameri- can Public Works Association, in reference to the City of Dubuque membership in the American Pub- lic Works Association, presented and read. Councilman Wharton moved that the communication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the Fulton Parent Teachers Association endorsing the Prescott School Parent Teach. ers Association opposition to mak- ing Twelfth Street a boulevard, Presented and read. Com,cilman Moffatt moved that the petition be referred to the Council for con. sideration. Seconded by Council- man Wharton. Carried by the fol. owing vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Dubuque Roofing Company asking that a two hour parking limit be installed In front of their place of business, present- ed and read. Councilnnan Murphy moved that the petition be referred to the Chief of Police for investiga- tion and report. Seconded by Coun. cilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l in e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of R. D. Hughes request- ing a refund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 82 as he has discontinued business on Sep- tember 1, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of R. D. Hughes to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 82. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van DuPtn,an, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of R. D. Hughes request- ing a refund in the amount of $150.00 on the unexpired portion of his Class "B" Beer permit No. 38 as he has discontinued business on September 1, 1948, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of R. D. Hughes to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 38, presented and read. Councilman Murphy moved that the request be granted and the City Auditor in- structed to draw a warrant in the amount of $150.00 in favor of R. D. Hughes to cover the amount of refund granted on the unexpired Portion of his Class "B" Beer Per- mit No. 38. Seconded by Council- man Moffatt. Carried by the :ol- lowing vote: Yeas — Mayor Vaa Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of John Blondin et al residents and fishermen of Dub- uque County calling the attention of the City Council to the need for improvements for the Lake Peosta fishing area and also as to the conditions existing on the 16th Street extension, presented and read. Councilman Wharton moved that the petition be re- ferred to the Dock Board. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Special Session, September 24th, 1948 415 Petition of A. J. Hartig et al, members and friends of the Dubuque County Conservation Society requesting that Lake Peos- ta be again made a clear -water lake of moving water by eliminating the stoppage of flow at Dock Street, at East 16th Street, and at or near the Interstate Power C o m p a n y plant at the foot of 8th Street in order to improve fishing and boating conditions in Lake Peosta area, presented and read. Council- man Murphy moved that the peti- tion be referred to the Dock Board. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, M u r p h y, Thompson, Wharton. Nays — None. Petition of A. C. Kintzinger re- questing that the Mayor and City Clerk be authorized to execute a Quit Claim Deed to the under- signed of any and all right the City might have in the easterly half of the alley from Coates Av- enue to the northerly line of Lot 6 of Concord Subdivision, pre- sented and read. Councilman Mur- phy moved that the request be granted. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen .Moffatt, Murphy, Thompson, lVharton. Nays — None. RESOLUTION NO. 217-48. WHEREAS, application has been made by A. C. Kintzinger for Quit Claim Deed to the easterly half (10 feet) of the alley first east of Concord Street running north- erly from Coates Avenue to the northerly line of lot 6 in Concord Addition; and WHEREAS, the Council h a s been fully advised in the matter and by Ordinance No. 21-45 vac- ated said alley; and WHEREAS, said Council are of the opinion that a Quit Claim Deed should be executed as prayed. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: That the Mayor and the Clerk of the City of Dubuque be, and they are hereby authorized and empowered to e::ecute a Quit Claim Deed to A. C. Kintzinger convey- ing to A. C. Kintzinger all right, title and interest the City of Dubu- que may have in and to the east- erly half (10 feet) of the alley first east of Concord Street run- ning northerly from Coates Ave- nue to the northerly line of lot 6 in Concord Addition. Passed, adopted and approved this 24th day of September, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON IN. W. MOFFATT Councilmen, Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. September 15, 1948. To the Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: Re: Avoca and Rosedale and petition of residents. The petition relative to the a- bove has been referred to me for investigation and report. I have made an investigation and it is hereby recommended that at this street intersection that Rosedale be made a boulevard and that stop signs be erected on Avoca Street on both sides of Rosedale causientering traffic to stop before Rosedale from Avoca Street on both sides. Respectfully yours. Jos. 11. Strub, Chief of Police. Councilman Wharton moved that the recommendation of Chief of police Strub be approved and the 4r6 Special Session, September 24th, 1948 proper proceedings ordered pre- pared. Seconded by Councilman Thompson. Carried by the follow- ing vote : Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Dubuque, Iowa, September 15, 1948 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: Section 45.4 of the Code of Iowa, provides that the Commissioner of Registration shall appoint the two clerks of election for each precinct who shall have charge of the election register. I hereby recommend for your approval the appointment of the following named persons to serve as Clerks of Election for each pre- cinct, who shall have charge of Cie election register for the Gen- eral Election of November 2nd, 1948. 1st. Precinct; Democratic — Mrs. "Phos. O'Brien Republican —Mrs Lillian A. Jones 2nd. Precinct; Democratic —Mrs. Earl Donegan Republican —Mrs. Geo. R. Fox 3rd. Precinct; Democratic —Mrs. Vera S. McAllister Republican— Mrs. Eunice Kilby 4th Precinct; Democratic — Mary Hughes Republican —Mrs. Martha Hunt 5th. Precinct; Democratic — Laura E. Hohmann Republican— Mrs. Sadie H. Trader 6th Precinct; Democratic— Lillian Fleege Republican— Mrs. E. G. Forward 7th Precinct; Democratic — Cecelia Weber Republican —Mrs. Alexia Hanley 8th Precinct; Democratic— Mrs. Anna Weber Republican— Mrs. Jane Fuhrman 9th Precinct; Democratic— Belle Leidinger Republican — Mrs. Edna Widdowson 10th Precinct; Democratic— Stella Ball Republican — Mrs, Hattie Donatsch 11th Precinct; Democratic— Ida Murray Republican —'.Miss Carrie Saunders 12th Precinct; Democratic — Mrs. Marie Sand Republican— Mrs. Elroy Grashorn 13th Precinct; Democratic— Mrs. Freda Foell Republican — Mrs. Marguerite Liddle 14th Precinct; Democratic — Veronica Agard Republican — Mrs. Dorothy Bauer 15th Precinct; Democratic — Mrs. P. N. Lucas Republican — Mrs. Helen Holmecker Respectfully submitted, J. J. Shea Commissioner of Registration. Councilman Wharton moved that the recommendation of the Com- missioner of Registration be ap- proved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharto:i. Nays — None. September 18, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission has considered further the petition of Grace Nagle requesting rezoning of property on the north side of West Fifth Street between the line of Paulina Street ex- tended and Alpine Street to Mul- tiple Residence classification and finds no reason to change its original recommendation. In view of the conviction of the Commission that this general area now consisting chiefly of two family and single family residences is not ready for a major switch to Multiple Residence class- ification, this request is equiv- alent to asking for the rezoning of a single piece of property, which as you know is unlawful. The Planning and Zoning Com- mission again respectfully recom- mends denial of the petition. Yours truly, Yours truly, Dubuque Planning & Zon- ing Commission R. D. Waller Acting Secretary. Special Session, September 2atli, 1948 417 Councilman Wharton moved that that the recommendation of t h e Planning and Zoning Commission be disapproved and the prayer of the petition granted and the City Solicitor instructed to prepare the proper proceedings. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Murphy moved that the Building Commissioner, Plumb- ing Inspector and Electrical In- spector be instructed to enforce the provisions of the ordinances as to the issuance of permits be- fore any work is commenced. Sec- onded by Councilman Thompson. Carried ioy the following vote: Yeas — Mayor Van Duelmen, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. September 18, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to attached pet- ition of Loras College asking vaca- tion of Helena Place, the Planning and Zoning Continission reviewed the situation and feels that it would be a mistake to vacate this short street. It serves as better of two restricted avenues of ac- cess to the area back of the Aca- demy buildings for the ri: e De- partment in particular and for traffic circulation generally. Therefore, the Planning and Zon- ing Commission respectfully re- commends denial of the petition. Yours truly, Dubuque Planning & Zon- ing Commission R. D. Waller Acting Secretary. Councilman Moffatt moved that the communication of the Plan- ning and Zoning Commission be referred to the Council to Council- man the grounds. Seconded byo man Murphy. Carried by the follow' ing vote: Yeas — Mayor Van DMurph Councilmen Moffatt, Thompson, Wharton. Nays — None. September 18, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: -In considering the petition of Joseph C. Poire et al asking vaca- tion of a 25 foot strip of land owned by the City of Dubuque at the northern edge of Finley's Ad- dition adjoining the Bunker Hill Golf Club property and the con- veying of same to him and others, the Planning and Zoning Comttnis- sion finds (1) that the petitioner presents no good reason why the City should not continue to own same, and (2) in view of the un- developed condition of the general area no public interest would be served by abandonment of said property by the City at this time. Therefore, the Planning and Zon- ing Commission respectfully ree- onunends denial of the petition. Yours truly, Dubuque Planning & Zon- ing Commission R. D. Waller Acting Secretary. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. September 17, 19iS Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Robert E. Lucy against the City for $100.00 for damages b cause of injuries received by da or ter. Betty Louise Lucy, about August 20, 1948, while sliding down a sliding board in E a g l e Point Park it is the law of the State of Iowa: ten - "The construction ,publicparkdby anaince of a P mu- nicipality has been repeatedly held in this state to be a purely govern - City mental funct201 Iowa 279;ion. NormanV- Mocha of Chariton, 418 Special Session, September 24th, 1948 V. City of Cedar Rapids, 204 Iowa 51; Hensley v. Inc, Town, 203 Iowa 388; Rowley v. Cedar Rapids, 203 Iowa 1245. "The rule long established in this state is that a municipality in the exercise of its purely gov- ernmental function, is not liable for negligence. Saunders v. City of Fort Madison, 111 Iowa 102; Ford v. Board Park Commissioners 148 Iowa 1." It is my opinion that the City is not liable for negligence com- mitted by officers acting in a governmental function, and that this claim be denied. Yours truly, John J. Kintzinger City Solicitor. Councilman Moffatt moved that the recommendation of City Solic- tor Kintzinger be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. September 24, 1948 Honorable Mayor and Dubuque, Iowa Members of the City Council Gentlemen: With reference to the objections filed by Jamed D. Kritz and Anita Kritz and the Notice of Appeal to the District Court of Dubuque County, Iowa, wherein lot 23 of O'Neill's Subdivdiion No. 3 was assessed with a special assessment in the amount of $178.52 for the construction of a gutter and curb- ing on Gandolfa Street, it is shown on said assessment that the one quarter of the assessed value of said property amounts to $42.00. Under the Statute of Iowa the special assessment cannot exceed 25 per cent of the assessed valua- tion of the property as affixed by the Council. The objector has 'agreed to pay $60.52 in full pay- ment of the assessment which leaves a balance of $123.49 to be paid upon assessment. I recommend that upon payment of $60.52 by James D. Kritz and Anita Kritz, they be given a re- ceipt in full payment of the as- sessment and that the balance of the assessment in the amount of $123.49 be paid from the Consoli- dated Fund of the City of Dubuque. Yours truly, John J. Kintzinger City Solicitor Councilman Wharton moved that the recommendation of City Solic- itor Kintzinger be approved. Sec- onded by Councilman M u r p h y. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. September 18, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of August, 1948, also list of claims and list of payrolls for which war- rants were issued for the month of August, 1948. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 218-48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS Donald W. Schuster 2404 Central Avenue Effective 10 1 48. BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved Special Session, September 24th, 1948 419 this 24th day of September, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 219-48 WHEREAS, application for Class "C" Beer Permit has been submit- ted to this Council for approval and the same has been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following application be grant- ed and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "C" PERMIT NAME AND ADDRESS James M. Kane 1205 Cleveland Avenue. Passed, adopted and approved this 24th day of September, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen '.Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 220.48 WHEREAS, heretofore applica tion for Class "C" Beer Permit was filed by the within name( applicant and it has received the approval of this Council; and WHEREAS, the premises to be )ccupied by such applicant have )een inspected and found to com. AY with the ordinances of this Jity and he has filed a proper fond: NOW, THEREFORE, BE IT RESOLVED by the Coun- Al of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicant a Beer Permit. CLASS "C" PERMIT NAME AND ADDRESS James M. Kane 1205 Cleveland' Avenue. BE IT FURTHER RESOLVED that the bond filed by such ap- plicant be and the same is hereby approved. Passed, adopted and approved this 24th day of September, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Wharton moved to ad- journ. Seconded b Thompson. Carried by the nfollow- Ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. J. J. Shea n City C Jerk. u,IA.. fM 49. Adopted i v -i Councilmen: V' City Clel4c. Attest: Regular Session, October 4th, 1948 421 City Council (Official) Regular Session, October 4th, 1948. Council met at 7:30 P. M. Present—Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meet- ing of the City Council for the purpose of acting upon such busi- ness as may properly come before the meeting. State of Iowa Z SS. County of Dubuque ! I, R. J. Gallagher, do hereby certify that on September 16th, 1948, I posted copies of the at- tached Notice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line of improvement for the con- struction of an eight (8) inch vitrified tile sanitary sewer for Vernon and Edina Streets beginn- ing at the existing manhole located in mineral lot No. 176 and running southerly across mineral lot No. 176 and lot No. 72 of Voelker High- lands to the center of Edina Street, (M. H. No. 1), thence southerly across lots 1 and 2 of lot 73 of Voelker Highlands and lot 1 of Mount Pleasant addition to the center of Vernon Street, thence north easterly along the centerline of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole No. 1 northeasterly along the centerline of Edina Street to a point 225 feet west of the west property line of Alta Vista Street. Signed; R. J. Gallagher. Subscribed and sworn to before me, Geraldine L. Jenni, a Notary Public this 16th day of September, 1948. GERALDINE L. JENNI Notary Public it and for Dubuque County, Iowa. Councilman Murphy moved tha the statement of R. J. Gallagher be received and made a matter o a record. Seconded by Councilman Thompson. Carried by the follow. Ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of Notice of Levy of Special Assessment and Inten- tion of the City Council to Issue Bonds for the construction of an eight (8) inch vitrified tile sani- tary sewer for Vernon and Edina Streets beginning at the existing manhole located in mineral lot No. 176 and running southerly across mineral lot No. 176 and lot No. 72 of Voelker Highlands to the center of Edina Street, (M. H. No. 1), thence southerly across lots 1 and 2 of lot 73 of Voelker Highlands and lot 1 of Mount Pleasant ad- dition to the center of Vernon Street, thence north easterly along the centerline of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole No. 1 north. easterly along the centerline of Edina Street to a point 225 feet west of the west property line of Alta Vista Street. Amount of assessment $6,769.86. Thos. Flynn Coal Company, con- tractor, presented and read. Coun- cilman Moffatt moved that the proof ofpublication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen M o f f a t t, Murphy, Thompson, Wharton. Nays — None. Communication oformal apP osa a- Jungwirth making tion for a reduction in the proposed assessment to be levied against Sub. Lot 1 of Lot 9 and Sub. Lot 1 of 16 Mt. Pleasant addition for the construction of an eight inch tile and sanitary sewer in VernonEdina Streets, presented and read. Councilman Thompson moved that referred to the City toron r foreinvestig tion the y 422 Regular Session, October 4th, 1948 and report. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Nays — None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION NO. — 221 - 48. Resolved by the City Council of the City of Dubuque, Iowa, that to pay for the construction of an eight (8) inch vitrified tile sanitary sewer for Vernon and Edina Streets beginning at the existing manhole located in mineral lot No. 176 and running southerly across mineral lot No. 176 and lot No. 72 of Voelker Highlands to the center of Edina Street, (M. H. No. 1), thence southerly across lots 1 and 2 of lot 73 of Voelker Highlands and lot 1 of Mount Pleasant ad- dition to the center of Vernon Street, thence north easterly along the centerline of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole No. 1 north- easterly along the centerline of Edina Street to a point 225 feet west of the west property line of Alta Vista Street, by Thos. Flynn Coal Company, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set oppo- site each lot or parcel of r e a 1 estate, as follows: Rosa Jungwirth, Lot 1, Mt. Pleasant Add. Sub. 1 of 9 ......................................... $452.56 Peter Hamsmith, Lot 2, Mt. Pleasant Add. Sub. Lot 9, .......................................... 339.41 Dubuque County, Lot 1, Mt. Pleasant Add. Sub. of S. 80' of Lot 8 & Lot 3-1-9,.. 384.66 Thomas Walsh, Lot 2, Mt. Pleasant Add. 375.61 Warren M. Potts, Lot 31, Levin's Add. 226.28 Warren M. Potts, Lot 32, Levin's Add. 226.27 Herbert H. Holland, Lot 33, Levin's Add. 226.28 Jos. & Katie Maas, Lot 2, Levin's Add. Sub. Lot 34 . ...................................... 223.92 Peter Hamsmith, Lot 1, Levin's Add. S u b. Lot 35 . ........................................ 135.76 Harold W. & Eleanor Pape, Lot 36, Levin's Add......... 129.79 Harold W. & Eleanor Pape, Lot 37, Levin's Add. ........ 226.28 Harold W. & Eleanor Pape, Lot 38, Levin's Add. ........ 226.28 M. J. & Romonda Esser, Lot 39, Levin's Add. ........ 226.27 Alex & Caroline Bodish, Lot 40, Levin's Add......... 226.28 Philomena Schuster, Lot 47, Levin's Add . .............. 226.27 Philomena Schuster, Lot 48, Levin's Add . ............•• 226.28 Monica Vorwald, Lot 49, Levin's Add . .................... 226.27 Harold & Alice Esser, Lot 50, Levin's Add . .............. 226.28 Harold & Alice Esser, Lot 51, Levin's Add . .............. 185.54 Ethel Meany, Lot 1, Voel- kers Highlands, Sub. Lot 73 . ...................................... 497.80 Dubuque County, Lot 72, Voelkers Highlands, ........ 440.33 Alex & Caroline Bodish, Lot 6, Jones Sub ............. 226.27 Robert W. & Marian R. Gehrig, Lot 7, J o n e s Sub . .................................. 226.27 Catherine Gleason, Lot 8, Jones Sub . .......................... 226.26 Catherine Gleason, Lot 1, Jones Sub. Sub. Lot 9, .... 58.81 Donald L. & Viola Botsford, Lot 2, Jones Sub. ,Sub. Lot 9 . .................................... 167.42 Donald L. & Viola Botsford, Lot 10, Jones Sub........... 210.42 $6,769.86 871 Lin. Ft. 8" V.T. pipe at $6.00 — ...................... $5,226.00 19 Each 8" x 6" "Y" Branches at $4.00 — .................... 76.00 1 Each 8" Elbows at $4.00........ 4.00 1 Each 8" Tee at $4.00 ........•. 4.00 3 Each Brick Manholes at $250.00 — ..............................750.00 0.60 Each Brick Drop Man- holes at $500.00 — .............. 300.00 165.17 Sq. Yds. Macadam Replaced at $1.00 — .......... 165.17 Regular Session, October 4th, 1948 423 2.42 Each Trees to be Re- moved at $10.00 — .............. 24.20 Total .................. $ 6,549.37 Extra Expense at 2.5 percent — .................... 163.73 Interest at 6 per- cent for 52 Days — .... .... 56.76 Total .................. $6,769.86 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 4th day of October, 1948. City Clerk. FRANK VAN DUELMAN Mayor. F. W. THOMPSON. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Resolution Providing for the Issuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 222-48 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the Vernon & Edina Streets Sewer hereinafter describ- ed, has been completed and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $6,769.86. AND WHEREAS, public notice as provided by law, has b e e published by the City Clerk statin the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered an determined: NOW, THEREFORE, BE IT R lE SOLVED by the City the City of Dubuque that to provide for the cost of the construction of an eight (8) inch vitrified tile sanitary sewer for Vernon a n d Edina Streets beginning at the ex- isting manhole located in mineral lot No. 176 and running southerly across mineral lot No. 176 and lot No. 72 of Voelker Highlands to the center of Edina Street, (M. H. No. 1), thence southerly across lots 1 and 2 of lot 73 of Voelker High- lands and lot 1 of Mount Pleasant addition to the center of Vernon Street, thence north easterly along the centerline of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole No. 1 northeast- erly along the centerline of Edina Street to a point 225 feet west of the west property line of Alta Vista Street, there be issued im- provement bonds to the amount of $6,769.86. Said bonds shall be issued under provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 3rd day of Novem- ber, 1948, shall be in denominations of $500.00, except that there shall be one bond to the amount of $269.86. They shall be numbered from 3940 to 3953 inclusive and shall be divided into ten series, of which the bond numbered 3940 shall constitute the first series and shall be payable the first day of April, A. D. 1949, the bond number- ed 3941 shall constitute the second series and shall be payable the first day of April, A. D. 1950, the bond numbered 3942 shall consti- tute the third series and shall be payable the first day of April, A. D. 1951, the bond numbered 3943 shall constitute the fourth series and shall be payable the first day of April, A. D. 1952, the bond num- bered 3944 shall constitute the fifth series and shall be payable the first day of April, A. D. 1953, the n bond numbered 3945 shall consti- tute the sixth series and shall be e payable the first day D. 1954, the bonds numbered 3946 and 3947 shall constitute the seventh series and shall be pay- able the first day of April, A. D. d 1955, the bonds numbered 3948 an 3949 shall constitute h eighth series and shall be payable the the f first day of April, A. D. 424 Regular Session, October 4th, 1948 bond numbered 3950 shall consti- tute the ninth series and shall be payable the first day of April A. D. 1957, the bonds numbered 3951, 3952 and 3953 shall constitute the tenth series and shall be payable the first day of April, A. D. 1958. Said bonds shall bear interest at the rate of five per cent per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the C i t y oY Dubuque. Said bonds shall be sub- stantially in the following form: Series No .............................. CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A. D. 19 ............. or any time before that date at the option of the City, the sum of ........................HUNDRED DOLLARS with interest thereon at the rate of five per cent per annum, payable on the presentation and surrender of the interest coupons hereto, at. tached, both interest and principal are payable at the office of the City Treasurer in the C i t y of Dubuque in the State of Iowa. This bond is issued by the C i t y of Dubuque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946 and in accordance with a res- olution of the City Council of said City, duly passed on the 4th day of October, 1948. This bond is one of a series of 14 bonds, 13 for $500.00 numbered from 3940 to 3952 in- clusive, and one for $269.86 number• ed 3953, all of like tenor and date, and issued for the purpose of the construction of an eight (8) inch vitrified tile sanitary sewer for Vernon and Edina Streets begin- ning at the existing manhole lo- cated in Min. Lot No. 176 and run- ning southerly across Min. Lot No. 176 and lot No. 72 of V o e l k e r Highlands to the center of Edina Street, (M.H. No. 1), thence south- erly across lots 1 and 2 of lot 73 of Voelker Highlands and lot 1 of Mount Pleasant addition to the center of Vernon Street, thence north easterly along the centerline of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole No. 1 northeasterly along the centerline of Edina Street to a point 225 feet west of the west property line of Alta Vista Street. and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on a 11 abutting or adjacent property, and payable in ten annual installments, with interest on all deferred pay- ments at the rate of five per cent per annum, and this bond is pay- able only out of the money de- rived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 3rd day November 1948, and has authorized the use of their fac-simile signature to the interest coupons hereto attached. ................................................ Mayor. ................................................ City Clerk. Countersigned (Seal) (FORM OF COUPON) On the .................. day of .............. A. D. 194............, the City of Du- buque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of ........................ Dollars, at the office of the City Treasurer in the City of Dubuque, being .............. Regular Session, October 4th, 1948 425 Months interest due that day on its................................Bond No........... dated................................... 194............ Mayor. ....................... City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac• simile signature of the City Clerk, BE IT FURTHER RESOLVED, that as fast as funds allow, begin. ning with the second year after the payment of. interest due, these bonds shall be called and retired in the same order as numbered Adopted this 4th day of October. 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Murphy moved th adoption of the resolution. Seconi ed by Councilman Moffatt. Carrie by the following vote: Yeas — Mayor Van Duelman Councilmen Moffatt, Murphl Thompson, Wharton. Nays — None. Notice of claim of Henry . Rieselman in an unstated amour or injuries received in a fall :aused by walking into an open air ventilator on the sidewalk at the corner of 2nd and Main Streets, presented and read. Councilman Moffatt moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays— None. Communication of the Key City Gas Company with reference to the petitions objecting to the pro- posed increase in gas rates where fuel is used for home and water heating and stating that any delay in the granting of their petition for a modest further increase`in rates by the City Council will sure- ly result in undue hardship to The Key City Gas Company and ask- ing Council to take prompt action on their petition for an increase in gas rates, presented and read. Councilman Thompson moved that the communication be referred to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilman Moffatt, Murphy, Thompson,Wharton. Nays — None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c 11 m a n Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of S. E. Gates et al offering objection to the increase in gas rates as the same applies to Schedule No. 2 Service, that for heating of homes and of water, and asking that consideration be given to a possible reduction in the present rates for Schedule No. 2 Service, presented and rthat Councilman Murphy the petition be referred to the 426 Regular Session, October 4th, 1948 City Council for consideration. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Carl Schmidt, indi- vidually, and Carl Schmidt as the guardian of the estate of Rebecca Schmidt, incompetent, by E. H. Willging, their Attorney, request- ing Council to take the necessary steps for the termination of the nuisance created by the blow- ing 1ow- ing of sawdust and other particles from the millwork operations of the Carr, Adams & Collier Co. and Farley & Loetscher Mfg. Co., pres- ented and read. Councilman Murphy moved that the petition be referred to the City Council, City Manager and City Solicitor to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Arnold B. Osterhoff requesting a refund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 237, as he has discontinued business on September 9, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Arnold B. Osterhoff to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 237. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the United Council of Church Women protesting the routing of the new highway past the Prescott School, presented and read. Councilman Murphy moved that the petition be referred to the City Council. Seconded by Council- man Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of the Dubuque Council of Churches protesting against making Twelfth Street a through street, presented and read. Council- man Wharton moved that the pe- tition be referred to the City Coun- cil. Seconded by Councilman Moff- att. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of G. C. Hyatt et al advising Council, that they are vitally interested in and are for the pending proposal to make Twelfth Street a boulevard be- tween Elm and Main Streets and also to install a Stop and Go light at Twelfth Street and Central Ave., presented and read. Councilman Wharton moved that the petition be referred to the C it y Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ORDINANCE NO. 18 - 48. An Ordinance designating inter- section at Avoca Street and Rose- dale Ave., as a stop intersection, providing for the erection of stop signs and a penalty for the viola- tion thereof, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Regular Session, October 4th, 1948 427 Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of August, 1948, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Code of Iowa 1946, by virtue of locating the aforesaid spur track on said Salina Street; provided that this waiver and release shall not be construed to include a waiver or release of any claims the under- signed may have against the said railroad company for injuries to the employees, agents or invitees of the undersigned, or damage to its property caused by or in any manner contributed to by the act or omission, either negligent or willful, of the said railroad com- pany, its agents or employes, dur- ing the construction of the afore- said spur track. Dated this 8th day of December, 1947. SWIFT & COMPANY BY C. W. Lawrence WAIVER AND RELEASE OF DAMAGE The undersigned, being the own- er of the following described real estate, to -wit: Lot 549-A; Lot 1 of Lot 549; according to the United States Commissioner's Map of the Town now City of Dubuque, Iowa, and Subdivisions thereof, and Lot 1 of Lot 2 of Lot 3 in Block C, Industrial Subdivision in the City of Dubuque, Iowa; which abuts Sa- lina Street, City of Dubuque, Iowa, in which street the Illinois Central Railroad Company proposes to con- struct a spur track from a track in said street into the premises described as Lot 12 and the North 40 feet of Lot ill all in Block 13, in Dubuque Harbor Company's Ad- dition in the City of Dubuque, Iowa, in Ordinance No. 27-47, approved in final reading October 6th, 1947, in consideration of the buildrailroadgOf said spur track by forever company, does hereby and all waive and release any claims the undersigned has or may have against the Illinois Central Railroad Company, its successors and assigns, for injuries and Sa- age to property abutting lina Street in the City of Dubuque, Iowa, accruing under Section 402.21 s Councilman Murphy moved that the Waiver and Release of Dam- ages be received and made a mat- ter of record. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. WAIVER AND RELEASE OF DAMAGE The undersigned, being the own- er of the following described real estate, to -wit: Lot 550 and Lot 2 of Lot 549 according to the of ited States Commissiofer'sMaDubuque, Iowa, tile Town now City o and Lot 2 of Lot 2 of Lot 3 in Block C, Industrial Subdivision in the City of Dubuque, Iowa; which abuts Salina Street, City of Du- buque, Iowa, in which street the Illinois Central Railroad Company proposes to construct a spur ck from a track in said street into the premises described as Lot 12 and the North 40 feet of Lot 11, ubuque Harbor all in Block 13, in D Company s Addition in the City of Dubuque, Iowa, pursuant to a u thority granted by City of 1) u. buque, Iowa, in Ordinance , October approved o]) final reading 6th, 1947, in consideration ack by y said building of said spur tr )railroad company, does hereby foil ever waive and release any aii l all claims the undersigned has o r may have for damages against the 4z8 Regular Session, October 4th, 1948 Illinois Central Railroad Company, its successors and assigns, result- ing from the construction of the aforesaid spur track on Salina Street. Dated this 22nd day of August, 1947. Peter J. Seippel Lumber Co. By, Peter J. Seippel Vice President Jos. A. Mueser President. State of Iowa 1 SS. County of Dubuque J On this 22nd day of August, 1947, before me, a Notary Public in and for said County, personally appear- ed Peter J. Seippel and Joseph A. Musser, to me personally known who being by me duly sworn did say that they are V -Pres. & Mgr. and President respectfully, of the said Peter J. Seippel Lumber Co., that the said corporation has no corporate seal and that said in- strument was signed on behalf of the said corporation by authority of the Board of Directors, and the said Peter J. Seippel and Joseph A. Mueser, as such officers, ac- knowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. E. Marshall Thomas Notary Public in and for Dubuque County Iowa. (Seal) Councilman Murphy moved that the Waiver and Release of Dam- ages be received and made a mat- ter of record. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. WAIVER AND RELEASE OF DAMAGES The undersigned, being the own• er of the following described rea: estate, to -wit: Lot 4 and Lot 1 of Lot 3, Industrial Subdivision it the City of Dubuque, Iowa, whict abuts Salina Street, City o: Dubuque, Iowa, in which stree' the Illinois Central Railroad C o in pany proposes to construct a spur track from a track in said street into the premises described as Lot 12 and the North 40 feet of Lot 11, all in Block 13, in Dubuque Harbor Company's Addition in the City of Dubuque, Iowa, pursuant to authority granted by City of Dubuque, Iowa, in Ordinance No. 27-47, approved on final reading October 6th, 1947, in consideration of the building of said spur track by said Railroad Company, does hereby forever waive and release any and all claims the undersigned has or may have for damages against the Illinois Central Rail- road Company, it successors and assigns, resulting from the con- struction of the aforesaid spur track on Salina Street. Dated this 22nd day of August, 1947. (Seal) Maizewood Insulation Co. By Robert W. Hauptli, President Zenith Ellis, V. P. & Treas. County of Dubuque f SS. State of Iowa 1 On this 22nd day of August, 1947, before me, a Notary Public in and for said. County, personally appear- ed Robert W. Hauptli and Zenith Ellis, to me personally known who being by me duly sworn did say that they are President and V - Pres. & Treasurer respectfully, of said Maizewood Insulation Co., that the seal affixed to said instrument is the seal of said corporation, and that said instrument was signed and sealed on behalf of the said corporation by authority of its Board of Directors, and the said Robert W. Hauptli and Zenith Ellis, as such officers, acknowledges the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily ex- ecuted. (Seal) E. Marshall Thomas Notary Public in and for Dubuque County, Ia. Councilman Murphy moved that the Waiver and Release of Damage be received and made a matter of record. Seconded by Councilman ,0. Regular Session, October 4th, 1948 429 Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nay — None. WAIVER AND RELEASE OF DAMAGE The undersigned, being the own- er of the following described real estate, to -wit: Lots 7, 8, 9, 10 and Lot 12 and the North 40 feet of Lot 11, all in Block 13, in Dubuque Harbor Company's Addition in the City of Dubuque, Iowa, according to the recorded plat of said Ad- dition; which abuts Salina Street, City of Dubuque, Iowa, in which street the Illinois Central Railroad Company proposes to construct a spur track from a track in said street into the premises described as Lot 12 and the North 40 feet of Lot 11, all in Block 13, in Dubuque Harbor Company's Addition in the City of Dubuque, Iowa, pursuant to authority granted by City of Dubuque, Iowa, in Ordinance No. 27-47, approved on final reading Oct- ober 6th, 1947, in consideration of the building of said spur track by said railroad company, does here by forever waive and release any and all claims the undersigned has or may have for damages against the Illinois Central Railroad Com- pany, its successors and assigns, resulting from the construction of the aforesaid spur track on Salina Street. Dated this 27th day of August, 1947. David Solomon Myer Marmis State of Iowa County of Dubuque On this 27th day of August, 1947, before me a Notary Public in and for Dubuque County, Iowa, person- ally appeared David Solomon and Myer Marmis to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they exe- cuted the same as their voluntary act and deed. (Seal) E. Marshall Thomas. Notary Public in and for Dubuque County, Ia. Councilman Murphy moved that the Waiver and Release of Damage be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas —Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. WAIVER AND RELEASE OF DAMAGE The undersigned, being the own- er of the following described real estate, to -wit: The Southerly 60 feet of Lot 11 in Block 13 in Du- buque Harbor Company's Addition in the City of Dubuque, I o w a, according to the recorded plat of said Addition; which abuts Salina Street, City of Dubuque, Iowa, in which street the Illinois Central Railroad Company proposes to con- struct a spur track from a track in said street into the premises described as Lot 12 and the North 40 feet of Lot 11, all in Block 13, in Dubuque Harbor Company's Ad- dition in the City of Dubuque, Iowa, pursuant to authority granted by City of Dubuque, Iowa, in Ordi- nance No. 27-47, approved on final reading October 6th, 1947, in con- sideration of the building of said spur track by said railroad com- pany, does hereby forever waive and release any and all claims the undersigned has or may have for damages against the Illinois Cen- tral Railroad Company, its success- ors and assigns, resulting from the construction of the aforesaid spur track on Salina Street. Dated this loth clay of Septemb e8r 19 David Solomon State of Iowa 1 SS, County of Dubuque J On this loth day of September, 1948, before me a Notary Public in and for Dubuque County, Iowa, personally appeared David Sol- omon, to me known to be the person named in and who executed the foregoing instruments, and ac- knowledged that he executed the same as his voluntary act and deed. (Seal) F. J. O'Connor Notary Public in and for Dubuque County, Ia. 430 Regular Session, October 4th, 1948 Councilman Murphy moved that the Waiver and Release of Damage be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. October 2, 1948 Honorable Mayor & City Council City of Dubuque, Iowa Gentlemen: We are submitting to your honor- able body copies of communica- tions between the Aspermont Com- pany of Dubuque and your Board of Dock Commissioners. The cor- respondence has to do with owner- ship of certain River Front prop- erty south of Fourth Street Ex- tension. We are of the opinion you would want the information f or your permanent record. Yours very truly, Board of Dock Commissioners By J. A. KERPER, President Councilman Wharton moved that the communication be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays— None. not and that you were not contest- ing our ownership. You further stat- ed that you had thought that the material had been placed on the ground adjacent and contiguous to the railroad right of way and over which the East Dubuque h i g h bridge had been located. You advis- ed me that it was the intention of the Dock Commission to move this material; that the rock is to be used for riprapping on City Island. I stated that we were not requesting you to hasten the re- moval of this material from its present location but that we were interested in learning whether this material was placed where it now is under a claim of right to the land in denial of our ownership. You said that there was not a denial of our ownership to the land and that the material would have been taken directly to City Island if you had been prepared to properly receive it there at the time that it was removed from the river. Time marches on. Many months have passed since our conversation referred to. Both of us must some day meet our Maker. While there is yet time I take this opportunity to record this situation as I under- stand it. If I have recorded well I would be very grateful to you if you would confirm my state- ments in a letter to us. With kindest personal regards, we remain September 16, 1948 Mr. John A. Kerper, Secy Dubuque Dock Commission Dubuque, Iowa Dear Mr. Kerper: Some time ago the writer of this letter inquired of you at y o u r office in the Chamber of Commerce building concerning the plans of the Dubuque Dock Commission with respect to the rock, piling, etc. formerly part of the substruc- ture of the East Dubuque h i g h bridge and now piled on and along the west bank of the Mississippi River east of our building.I asked you if the placement of this ma- terial on the land where it had been placed east of our building constituted a claim of ownership of this land, you replied that it did Very respectfully yours, The Aspermont Company By, ANTHONY RHOMBERG, President. P. S. The Aspermont Company h a s contracted to purchase this property and by virtue of this contract has equitable title. Marie I. Ryan, Trus- tee, holds the legal title. Dubuque Star Brewing Company is in pos- session of the property unser a lease from the Aspermont Com- pany. T. A. Co. AR Councilman Wharton moved that the communication be received and made a matter of record. Seconded V- Regular Session, October 4th, 1948 431 by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays— None. right to dispose of any property owned legally by the city. The courtesy extended by you and your associates in permitting ,.tone to be stored on your prop- erty is deeply appreciated and we September 30, 1948 trust that the foregoing statement Mr. Anthony Rhombergwill be satisfactory, and it is being President made a matter of record in the Aspermont Company minutes of the proceedings of the Dubuque, Iowa Dock Commission. Dear Mr. Rhomberg: Yours very truly, Reference is made to your letter J. A. KERPER of the 16th and this letter was A. Y. MCDONALD given consideration and it was un- FRED NEYENS animously agreed that the Dock Commission does not claim owner- ship for the city of any property, the title of which presently rest, in the name of Marie I. Ryan, Trustee, and which according to your statement, the Aspermont Company has contracted to pur- chase. Your contentions with respect to the verbal understanding you had with the President of the Dock Commission that the stone, which the Dock Commission acquired through purchase from the contrac- tors who dismantled the abutments of the old high bridge, was stored temporarily only on land to which you and your associates hold title, are in line with facts. Our understanding is that you were, and still are, willing to co- operate with the Dubuque Dock Commission in permitting the stone to be stored on the property involved until such time as t h e Dock Commission can make prac- tical use of the said stone in the course of the development of the City Island. There is positively no intention or desire on the part of the Dock Commission that the permission granted by you will in any sense of the word constitute a denial of ownership of such property by those who legally held title. This, of course, does not on the other hand, mean that the City of Dubuque, through the Dock Cenl- mission, will relinquish its title to any property that may at this time be the property of the municipal' ity, if there be such. You, of course, understand, that the Dock Commission has no legal .WAR DEPARTMENT UNITED STATES ENGINEER OFFICE CLOCK TOWER BUILDING ROCK ISLAND, ILL. 30 August 1948 Honorable Frank Van Duelman Mayor of the City of Dubuque Dubuque, Iowa Dear Sir: Reference is made to the pro- posed small -boat harbor, an in- vestigation for which was author- ized by resolution of the Commit- tee on Rivers and Harbors of the House of Representatives, adopted 27 April 1947. At the public hearing on the matter which was held in the Chamber of Commerce L'uild- ing in Dubuque, 6 January 1948, local interests presented state- ments for consideration of: a. The construction of a small - boat harbor at the upper end of Hamm Island by excavating an area sufficient to accommodate 200 or 300 boats. The location of the small -boat harbor as requested by local interests is essentially as pro- posed by Industrial Engineers, Inc., in their plan of development for Ilamm Island. b. Dredging of the present har- bor at the foot of First Street to provide easy access for commercial tows. For the purpose of this re port the dredging of the present commercial facilities is not con - plate dsillee under this 'vol", authority. plated ,� study of the plan for construe - tion of a small -boat harbor at the upper end of Hamm I.slanil in ac- cordance with the desires of local 432 Regular Session, October 4th, 1948 interests has been completed, and it is estimated that approximately 105,677 cubic yards of material would be excavated to elevation 584.0 for a length of approximately 1,500 feet landward of the present shore line. Materials dredged would be utilized to construct a dike on three sides of the harbor to eleva- tion 609.0. The harbor would be 125 feet wide at flat pool eleva- tion with 1 on 3 side slopes. The dike on the north side would be constructed with a 55 -foot crown to provide the base for construc- tion of an access road to the har- bor, service area, and provision for parking. A map showing the proposed project as discussed in the pre- ceeding paragraph is inclosed. It is estimated that the first costs of the proposed small -boat harbor would total $74,000. Of this total, approximately $53,000 would be borne by the Federal Govern- ment for clearing the land, dredg- ing the area and for placing riprap where necessary. Local interests would provide for the construction of a boathouse, access roads, etc., at an estimated cost of $21,000. The above figures do not include self-liquidating features which local interests would be required to pro- vide. For the small -boat harbor, such facilities as slips and service facilities should be provided. This equipment is estimated to cost $17,000. The extent to which local inter- ests would be required to partici- pate in each of the features is listed below: a. Provide without cost to the United States all necessary lands, easements, and right-of-way for the construction and maintenance of the project. b. Hold and save the U n i t e d States free from damages due to construction and maintenance of the project. c. Provide and maintain without cost to the United States necessary mooring facilities and utilities, in- cluding a public landing with suit- able supply facilities open to all on equal and reasonable terms, in accordance with plans approved by the Chief of Engineers. d. Establish a competent and properly -constituted public b o d y empowered to regulate the use, growth, and full development of the harbor facilities with the under- standing that said facilities shall be open to all on equal terms. e. Provide that the essential fa- cilities, in connection with the small -boat harbor, will be operated without unreasonable profit; and provided that rental charges will be reasonable and subject to the approval of the Secretary of the Army. If you so desire, this office will be pleased to forward to higher authority a report recommending construction of the facilities de- scribed herein upon receipt of as- surances that local interests are willing and able to cooperate to the extent outlined above. Such as- surances should be in the form of a letter from responsible city of- ficials. In view of the fact that this report is scheduled for submittal to higher authority at an early date, it is requested that your reply be expedited. Yours very truly, R. L. DEAN Colonel, Corps of Engineers District Engineer 1 Incl. Map, Proposed Harbor Councilman Wharton moved that the communication be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays— None. October 4, 1948 Honorable Mayor & City Council City of Dubuque Dubuque, Iowa Gentlemen: Your communication of Septem- ber 8th in which you referred to the Dock Commission the letter ad- dressed to the Honorable Mayor by Col. R. L. Dean, U. S. District Engineer, was duly received and r.- Regular Session, October 4th, 1:948 433 the letter has been given consider- I haps both of these properties will ation by the Dock Commission. be needed , provide slips for serv- We find the plan as submitted ing industry. by the U. S. Engineers is sub- The Dock Board would also rec- stantially in harmony with the commend that the slopes of the Dock Commission's ideas with re- banks of the boat harbor be flat- spect to the development of a tened on a 4 to 1 grade instead shelter boat harbor at the north of 3 to 1. It has been our ex - end of City Island. However, it is perience that riprapping on a 3 to our considered judgment that the 1 slope is too steep for comfort - 125 feet width at normal p o 01 able access to water level from elevation is insufficient to accomo- the shore and wherever there is date the larger type of pleasure sand fill a 3 to 1 slope will not boats which will be and are even hold permanently. now in use on the upper river. While this width might be ads- It would also be our recommen- quate at high water stage, it is, dation that any roadways that may leva- in our judgement, insufficient at tion of 610.3 instead of be built should be at an eleva- 609.0 any thing like normal pool eleva. as shown on the drawing. The tion to permit maneuvering or that latter would be only 12 inches berthing of large size craft might be moored on the other side. above high water mark. it would be our recommendation We are not informed as to the therefore, that this width be in- extent of mooring facilities and that would be demanded creased to at least 150 ft. and 175 ft., and at the west utilities by the Corps of Engineers, but preferably end provide an area sufficiently feel confident that the latter will proper allowance in comput- wide to permit berthing of large make ing the city's contribution to the size craft either along the south the harbor or both north project. As we understand it, it is shore of the sense of the Engineer Corps and south shore. that the city would designate a If this should entail more dredg- properly constituted body to regu- ing than the U. S. Corps of En- late the use and development of gineers are permitted to carry on, harbor these harbor facilities and that of space and it is our suggestion that the the fees for rental be shortened somewhat. The loca- other facilities would have to re - tion as indicated by the Engineers ceive the approval of the Secretary meets with the approval of the of the Army. Dock Commission, although it must The Dock Board is unanimous be borne in mind that this involves of the h at steps in its recas the obligation on the pantt privately owned promptly asndation possible be taken asp Engineers city to acquire the east shore of S. in informing toe D b is de - property along the Island. It is the recommen- Cue nue that the ous of having this shelter1earabe` dation of the Dock Board however, this provided and that it is p' p' that the city should acquire consists of the to co-operate patio tth he Engineers property which following: Mineral Lot No. 297, through pa Dean's letter of August• Lot 1 of Mineral Lot 296, owned in Col. Respectfully Yours, by Phillip Mihalakis, and connpris- J. A. KERPER, Ing 31.6 acres. The city should Lot 2 of Mineral Lot president. also acquire 296, 294 and Mineral Lot 295, com by Wharton moved that prising 27.3 acres and owned Councilman of the Board C. W. Bradley. the recommendations Commissioners be app rov- The construction of this harbor of Dock of that the Board of Dock fo to r- would shut off access by land to if Commissioners be 1eCaed ssuran to both of these properties and developed ward the necessary U. S. Engineers at Rock Island, ve City Island is eventually as it should be, either one or per - the 434 Regular Session, October 4th, 1948 Illinois. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Murphy moved that the City Manager be instructed to negotiate for the acquiring of Mineral Lot No. 297, Lot 1 of Mineral Lot 296, owned by Phillip Mihalakis consisting ,of 31.6 acres also for the acquiring of Lot 2 of Mineral Lot 296, 294 and Mineral Lot 295 consisting of 27.3 acres owned by C. W. Bradley. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. September 30, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Dorothy Kruse, 2080 St. Ambrose Street, for damages sustained on or about September 6, 1948; while she was walking to her home on St. Ambrose Street in the regular path that they used, she stepped into a hole where the storm sewer was broke, injured her left leg by reason of which she was required to secure doctor's services and lost a number of days from her work. I was up to the scene of the accident and observed the sewer pipe broken in the top right near the line of the sidewalk extended. Her doctor bill amounts to $10.00. She has agreed to accept t h i s amount in payment of her claim. I recommend that her claim be allowed in the sum of $10.00 and that a warrant be issued payable to her order for $10.00 and deliver. ed to her upon delivery to the City of a release properly executed by her. Yours truly, JOHN J. KINTZINGEP City Solicitor. Councilman Moffatt moved that the recommendation of City So licitor Kintzinger be approved an( the City Auditor instructed to dram i warrant in the amount of $10.00 m favor of Dorothy Kruse, as settlement in full ,of her claim and that said warrant be delivered up. on receipt by the City of Dubuque Df a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. September 28, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the action now pending in the District Court of Dubuque County, Iowa, entitled Erik W. Peterson vs. C i t y of Dubuque claiming $10,000.00 for personal injuries received by plain- tiff on or about December 8, 1947 when plaintiff fell on the sidewalk in front of the property known as 990-998 White Street, receiving a severe fracture of the left thigh bone near the left hip and also the left hip, confining him to the Finley Hospital for a long period of time, requiring medical and sur- gical attention, and claiming that the bricks in the brick sidewalk were raised because of tree roots and that ice and snow had ac- cumulated thereon. It further ap- pears that plaintiff's actual damages amounted to somewhere near $1400.00. I have had several conferences with the Attorney for the plaintiff in this case and they have agreed to accept $500.00 in full payment of their claim against the City and dismiss the law suit now pending in the District Court. I recommend that this claim be allowed in the sum of $500.00, that a warrant be issued therefor pay- able to Walter Koerner, Attorney for Erik W. Peterson, and that the same be delivered upon delivery to the City of a release properly executed by plaintiff and upon dis- missal of the law suit hereinbefore referred to. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City So- Regular Session, October 4th, 1948 435 licitor Kintzinger be approved anddition. The owners have been con. the City Auditor instructed to tatted but uo action has resulted. draw a warrant in the amount ofI recommend that the Council $500.00 in favor of Walter Koerner, order anew concrete sidewalk at Attorney for Erik W. Peterson, as the above described premises on settlement in full of the claim and State Street and that the neces- court action, and that said warrant sary proceedings be prepared. be delivered upon receipt by the Respectfully submitted City of Dubuque of a properly A. A. RHOMBERG, executed release and dismissal of City Manager. the law suit. Seconded by Council- Councilman Murphy moved that man Wharton. Carried by the the recommendation of City Man - following vote: ager Rhomberg be approved. Sec - Yeas — Mayor Van Duelman, onded by Councilman Moffatt. Car - C o u n c i l m e n Moffatt, Murphy, ried by the following vote: Thompson, Wharton. Yeas — Mayor Van Duelman, Nays — None. Councilmen Moffatt, Murphy, October 4, 1943. Thompson, Wharton. To the Honorable Mayor Nays — None and City Council, Dubuque, Iowa. RESOLUTION NO. 223 - 48 Gentlemen: BE IT RESOLVED by the City This is to advise that I have Council of the City of Dubuque approved the following bond and that the following, having complied desire to have your approval on with the provisions of law relating same for filing: to the sale of cigarettes within the EXCAVATION City of Dubuque, be granted a Richard J. Burke Bond No. 71- permit to sell cigarettes and ciga- 8345 rette papers within said City and 130 West 13th Street the Manager is directed to issue American Bonding Co. of Balti- such permit on behalf of said City. more. NAME AND ADDRESS Respectfully submitted, John D. Corken, 2195 University .... .......... I . ,......... A. A. RHOMBERG, Avenue Charles A. Bergener, 1064 Uni. City Manager. versity Avenue Councilman Moffatt moved that Ralph er, 1415 Rhom the bond be approved and placed berg Avenue FURTHER RESOLVED on file. Seconded by Councilman Carried by the follow- BE IT that the bonds fled with the appli- Thompson. cations be app' ing vote: Yeas — Mayor Van Duelman, Passed, adopptteOctober, and a1343ved Councilmen Moffatt, Murphy, this 4thday of FRANK VAN DUELMAN Thompson, Wharton. Mayor. Nays — None. F. W. THOMPSON October 4, 1948 GEO. R. MURPHY ALBER.MO F TT ON To the Honorable Mayor W W and City Council, Councilmen. Dubuque, Iowa Attest: J. J. SHEA Clerk. Gentlemen: At the meeting of September i th City the petition of H. A. Bischoff and the construction Councilman Wharton moved of the resolution. Sec- others requesting in front Lot the tidoPtion by Councilman Tbompson. of a new sidewalk d Lot 18 of Grandview onded e: by the following vote: 1 of 17 and Ave. Add. was referred to the City Carried Yeas -- Mayor Van Duel Murphy, Manager and Sidewalk Inspector Councilmen Moffatt, to view the grounds.Thompson• been inspect- Wharton. _ None, This sidewalk has in bad con- Nays ed and found to be 436 436 Regular Session, October 4th, 1948 RESOLUTION No. 224 - 48 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 Coun- cil of the City of Dubuque that the following applications be grant. ed and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Mrs. Florence Helmer, 3203 Jack- son Street John M. Baumgartner & John J. Baumgartner, 1543 Central Ave. Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street Clarence J. Bowen and Robert L. Hanson, 1590 Elm Street John Grutz and Clara Grutz, 2991 Central Avenue John E. Noel and June M. Noel, 2400 Central Avenue John J. Hickey, 55 Locust St. Al Rogan, 400 Iowa Street Phillip Mihalakis, 798 East 16th Street Eugene P. McCann, 802 Iowa Street CLASS "B" PERMIT FOR PRIVATE CLUB Hawkeye Club of Dubuque, Iowa, 1348 Central Avenue. D. A. V. Club of Dubuque, Inc., 951 1-2 Main Street. CLASS "C" PERMIT The Great Atlantic & Pacific Tea Co., 13th & Iowa Streets Joseph J. Siege, Jr. & Ferdinand W. Kenniker, 2401 Windsor Ave. Mrs. Catherine Lynch, 2850 Bur- lington Street Merlin Apel, 1195 Dodge Street. Passed, adopted and approved this 4th day of October, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 225 - 48 WHEREAS, heretofore applica. tions for Beer Permits were filed by the within named applicants and they have received the ap- proval 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 a proper bond: NOW THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Mrs. Florence Helmer, 3203 Jack- son Street. John M. Baumgartner and John J. Baumgartner, J.543 Central Avenue. Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street. Clarence J. Bowen and Robert L. Hanson, 1590 Elm Street. John Grutz and Clara Grutz, 2991 Central Avenue. John E. Noel and June M. Noel, 2400 Central Avenue. John J. Hickey, 55 Locust St. Al Rogan, 400 Iowa Street. Phillip Mihalakis, 798 East 16th Street. Eugene P. McCann, 802 Iowa St. CLASS "B" PERMIT FOR PRIVATE CLUB Hawkeye Club of Dubuque, Iowa 1348 Central Avenue. D. A. V. Club of Dubuque, Inc., 951 1-2 Main Street. CLASS "C" PERMIT The Great Atlantic & Pacific Tea Co. 13th & Iowa Streets. Joseph J. Siege, Jr. & Ferdinand W. Kenniker, 2401 Windsor Mrs. Catherine Lynch, 2850 Bur- lington Street. Merlin Apel, 1195 Dodge Street. Regular Session, October 4th, 1948 437 BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 4th day of October, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Moffatt moved to ad- journ. Seconded by Councilman Murphy. Carried by the Yellowing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. J. J. SHEA. City Clerk. Approved Adopted 4 Councilmen N Attest: ...•...r'O',ity Clerk. ' r,sion, November Ist, 1948 439 Councilmen Moffatt, Murphy, City Council WNaysn— None. Absent — Councilman Thomp- (OFFICIAL.) son. Regular Session, November 1st, 1948. Council met at 7:30 P. M. Present—Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. City Manager Rhomberg. Absent—Councilman Thompson. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come be- fore the meeting. Councilman Wharton 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 Moffatt. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Mr. Nick Grommersch addressed the Council requesting that a grade be established on Sabula Street between Muscatine Street and Burlington Street. Councilman Murphy moved that the request be granted. Seconded by Council- man Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp• son. Notice of claim of Ed. Allier in the amount of $18.29 for damages to his car caused in hitting a main in the Street on Vernon Street at the bottom of the hill, presented and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Second- ed by Councilman Moffatt. Carried by the following vote:Duelman, Yeas — Mayor Van Notice of Claim of H. J. Riesel- man in an unstated amount for injuries caused by falling into a pit from which the grating had been removed located across the street from the Julien Dubuque Hotel near Second Street, pres- ented and read. Councilman Moff- att moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Notice of Claim of Adele O'Brien By John K. Chalmers, Her At- torney, in an unstated amount for injuries sustained inside of a picnic shelter or pavilion in Eagle Point Park in the City of Dubuque, Iowa, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Sol- icitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Notice of Claim of Richard E. Gray in an unstated amount for damages to his car caused in strik- ing two unmarked excavations on Nevada Street just past the inter- section of Solon and Nevada St., presented and read. Councilman Wharton moved that the Notice of Claim be referred to the C i t y Solicitor for investigation and Councilman- port. Seconded the following Moffatt. Carried by vote: Van Duelman, Yeas — Mayor Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. 440 Regular Session, November Ist, 1948 Communication of Lydia M. Specht submitting offer in the amount of $100.00 for property own- ed by the City of Dubuque on the hillside from the Armory line to Bockes line on Valley Street 200 feet back into the hill, presented and read. Councilman M u r p h y moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Revocation of Power of Attorney of Eugene G. Zumhof by the New Amsterdam. Casualty Company, pre- sented and read. Councilman Whar- ton moved that the Revocation of Power of Attorney of Eugene G. Zumhof be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thompson. Communication of the National Institute of Municipal Law officers extending invitation to the City of Dubuque to send the City Solicitor to the conference to be held in Washington, D. C. on December 2, 3 and 4, 1948, presented and read. Councilman Murphy moved that the City Solicitor be authorized to attend the conference at City ex- pense providing that he desires to attend. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Communication of the Dubuque Women's Club stating that they are opposed to the designating of Twelfth Street as 'a highway, pres- ented and read. Councilman Whar- ton moved that the communication be referred to the Council. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Communication of Pearl McIlver, R. N., Chairman, Diamond Jubilee Committee of Nursing, asking that the Mayor issue a proclamation designating November 14 through 20 as Nursing Progress Week, pre- sented and read. Councilman Whar- ton moved that the Mayor b e authorized to comply with the re- quest. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Communication of the Women's Service League of St. John's Epis- copal Church stating that they wish to protest Twelfth Street be- ing contemplated as a highway, Presented and read. Councilman Moffatt moved that the communica- tion be referred to the Council. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Communication of the Dubuque Council of Parent-Teacher Associa- tions Dubuque Public Schools stat- ing that the Council v,)ted to pro- test the snaking of Twelfth Street an arterial road, presented a n d read. Councilman Murphy moved that the communication be refer- red to the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. AV. Regular Session, November Ist, 1948 441 Petition of the Marshall Paxent Teachers Association requesting the reconsideration of plans for making Twelfth Street an arterial highway, presented and read. Coun- cilman Wharton moved that the petition be referred to the Coun- cil. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. division of Lot 5, of Mineral Lot 73 in the City of Dubuque, Iowa, for the purpose of perfecting title, presented and read. Councilman Wharton moved that the petition be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- Absent — Councilman Thomp- I son. son. Petition of the Audubon Parent Teachers Association requesting the members of the City Council to change their plans of making Twelfth Street a boulevard, pres- ented and read. Councilman Moff- att moved that the petition be referred to the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Communication of the Council of Churchwomen and the Women's Service League of St. John's Epis- copal Church stating that they have gone on record to submit a complaint regarding the drinking and drunkenness in the various City parks, presented and read. Councilman Murphy moved that the communication be referred to the Park Board. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son Petition of O'Connor, Thomas & O'Connor, By E. Marshall Thomas, requesting that the City of Du- buque execute a quit claim deed to Mr. and Mrs. W L. Schmeichel of the westerly 28 feet of Lot 14A and the easterly 20 feet of Lot 15A in Paulina Langworthy's Sub - Petition of Mrs. Gladys Arthofer et al requesting that another street light be installed between the cor- ners of Windsor and Davis Avenues an I. C. Academy, presented and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Wharton Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Petition of Sidney H. Veaco re- questing a refund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 254 as he has discontinued business on October 1st, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Sidney H. Veaco to cover the amount of refund grant- ed on the unexpired portion of his Cigarette Permit No. 254. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Petition of Mrs. Margaret Barr- ington requesting a refund in the amount of $50.00 on the unexpired ortion of her Cigarette Permit p No. 105 as she has discontinued business on October 26, 1943, pres- 442 Regular Session, November ist, 1948 ented and read. Councilman Mur- phy moved that the request be granted and the City Auditor be instructed to draw a warrant in the amount of $50.00 in favor of Mrs. Margaret Barrington to cover the amount of refund granted on the unexpired portion of her Ciga- rette Permit No. 105. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays —None. Absent — Councilman Thomp- son. Petition of Mrs. Margaret Barr- ington requesting a refund in the amount of $150.00 on the unex- pired portion of her Class "B" Beer Permit as she has discontinued business on October 26, 1948, pres- ented and read. Councilman Whar- ton moved that the request be granted and the City Auditor in- structed to draw a warrant in the amount of $150.00 in favor of Mrs. Margaret Barrington to cover the amount of refund granted on the unexpired portion of her Class "B" Beer Permit No. 89. Seconded by Councilman Murphy. Carried b y the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Petition of the Dubuque County Tuberculosis Association request- ing permission for holding its regu- lar annual tag -day sale on Friday evening, December 10th and Satur- day, December 11th, 1948, pres- ented and read. Councilman Moff- att moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Petition of Mr. and Mrs. Clarence Fenchel et al requesting that a street light be placed on Bennett Street mid -way between Algona Street and McCormick Street, pres- ented and read. Councilman Whar- ton moved that the petition be re- ferred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Petition of Rose Carolan re- questing the rezoning of the block between 24th Street and 25th St. from Washington Street to the alley first east to a Local Business District, presented and read. Coun- cilman Murphy moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Petition of Katie A. Miller, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1947 tax on Lot 10 Johnston's Sub., presented and read. Councilman Moffatt moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Petition of the Interstate Power Company requesting permission to locate poles and wires on City owned property at a point approxi- mately 10 feet south of the north line of Sections 31 and 36, com- mencing at a point on the west boundary line of Salina Street, thence west to a point on the .o - Regular Session, November 1st, 1948 443 same boundary line on South Lo- cust Street, presented and read. Councilman Moffatt moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Petition of Fred H. Cooper and Leo V. Cunningham requesting a refund in the amount of $50.00 on the unexpired portion of their Class "B" Beer Permit No. 142, as they have dissolved partnership on Nov. 1, 1948, presented and read. Coun- cilman Murphy moved that the re- quest be granted and the City Auditor instructed to draw a war- rant in the amount of $50.00 in favor of Fred H. Cooper and Leo V. Cunningham to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 142. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Petition of Fred H. Cooper and Leo V. Cunningham requesting a refund in the amount of $50.00 on the unexpired portion of their Ciga- rette Permit No. 170, as they have dissolved partnership on Novem- ber lst, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Fred H. Cooper and Leo V. Cunningham to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 170. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None Absent — Councilman ThomP• son. Communication of the Board of Education Independent School Dis- trict of Dubuque advising Council that after consideration of the latest plan presented by Mr. Hart- zog for the extension of Grand- view Avenue, through the Dubuque High School grounds, and after numerous conferences with Mr. Robinson, their landscape architect and after considering the best in- terests of both the school and city, it is the unbiased opinion of the Board of Education that the ex- tension of Grandview Avenue should go around the west end of the school grounds, presented and read. Councilman Murphy moved that the communication be receiv. ed and filed. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Petition of John A. Armstrong requesting that the Mayor a n d Clerk be authorized to execute a new Quit Claim Deed to him con- veying the Northerly 140 feet of Lots 2 and 4 of Block D of In- dustrial Sub, in order to clear up the discrepancy in the former deed presented and read. Councilman Wharton moved that the request be granted. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. RESOLUTION NO. 226 - 48. WHEREAS, application of John A. Armstrong has been filed asking for a Quit Claim Deed to the northerly 140 feet of Lots 2 and 4 of Block D of Industrial Sub- division in the City of Dubuque, Iowa, to clear up defect in Quit Claim Deed executed conveying to him the above described property and the Council deems it dvis able to grant the Application. 444 Regular Session, November 1st, 1948 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that the Mayor and Clerk of said City of Dubuque be, and they are hereby authorized and directed to execute a Quit Claim Deed on behalf of the City of Dubuque conveying the above described property to John A. Arm- strong, and to affix thereto the official seal of said City and de- liver said deed to John A. Arm- strong, the owner of said property. The purpose being to cure defect in Quit Claim Deed executed on July 10, 1946, conveying the same property to the game purchaser. Passed, adopted and approved this 1st day of November, 1948. FRANK VAN DUELMAN Mayor GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays—None. Absent — Councilman Thomp- son. with the minimum addition to the traffic load on down -town arteries and services. In this connection the Planning & Zoning Commission also pres- ents to your honorable body Mr. Hartzog's recommendation for the extension of Grandview Ave. in a direct route northerly through the Senior High School grounds to the proposed Kane Heights Develop- ment. This plan would seem to meet all reasonable objections raised by the School authorities. The aerophotograph attached to the Kane Heights Development re- port makes obvious to all the vital importance of the direct rout- ing of traffic, both normal and emergency as provided in this pro- posed Grandview Ave., extension. For fire protection and other em- ergency movements over the hills to the north during hours of con- gestion on down town streets, this proposed highway is essential. These two projects are the nat- ural results of the growth of Du- buque. Similar proposals are every day affairs in expanding cities everywhere. Yours truly, The Dubuque Planning & Zoning Commission. By..............................Secretary R. V. Mc KAY October 29, 1948 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Dubuque Planning & Zoning Commission respectfully submits for your consideration a recent re- port of Justin Hartzog on "Pro- posed Kane Heights Development". This shows a possible ultimate 2480 family neighborhood upon which Mr. Hartzog recommends a modest but determined start on a hundred family or smaller section at Kaufman and Kane Sts. Natural- ly this looks far into the future, but presents a housing develop- ment more or less independent of the rest of the city which would tie in with Dubuque's industrial district at the north of the city Councilman Wharton moved that the reports and maps be received and placed on file and the com- munication of the Planning and Zoning Commission made a matter of public record. Seconded by Coun- cilman Murphy. Carried by t h e following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Murphy moved that the City Council request the Planning and Zoning Commission to suggest and recommend the im- mediate steps to be taken upon the proposal to extend Grandview Avenue in a direct route northerly through the Senior High School grounds to the proposed Kane Heights Development. Seconded by Regular Session, November ist, 1948 445 Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. ORDINANCE NO. 18 - 48. An Ordinance designating inter- section at Avoca Street and Rose- dale Avenue as a stop intersection, providing for the erection of stop signs and a penalty for the viola- tion thereof, said ordinance having been passed upon first reading on October 5th, 1948, and ordered plac- ed on file with the City Clerk for public inspection for at least one Week before its final adoption was presented for final adoption. Council and publication as by law provided. Passed upon first reading this 5th day of October, 1948. Passed, adopted and approved upon final reading this 1st day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA, City Clerk. ORDINANCE NO. 18 - 48. An Ordinance designating inter- section at Avoca Street and Rose- dale Avenue as a stop intersection, providing for the erection of stop signs and a penalty for the viola- tion thereof. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That the intersection of Avoca Street and Rosedale Ave. in the City of Dubuque be, and the same is hereby designated a stop intersection. Section 2. That stop signs shall be erected on Avoca Street on both sides of Rosedale Avenue, and all vehicles shall come to a full stop before entering and tra- versing Rosedale Avenue from Avoca Street. Section 3. That any person, firm or corporation violating the pro- vision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be pun- ished by fine not to exceed $100.00 and by imprisonment of not more than 30 days. Section 4. That any and all Ordinances or parts thereof in con- flict herewith are hereby repealed. Section 5. This Ordinance shall be in force and effect ten days from and after its final passage, adoption and approval by the Published officially in The Tele- graph -Herald newspaper this 4th day of November, 1948. J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the ordinance. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Council Proceedings f o r t h e month of February, 1948 presented for approval. Councilman Murphy moved that the Council Proceed. ings for the month of February, 1948, be approved as printed. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Dubuque, Iowa, November 1st, 1948 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: ns In accordance with the Pg4Glslthe of the Code of Iowa, Service Commission conduct - Civil ed an entrance examination on October 5th, 1948, for those seek- ing positions for appointment on the Fire Department. The following are the names of those who passed the written and 446 Regular Session, November Ist, 1948 physical examinations and their names are hereby certified for ap- pointments as members of the Fire Department. NAME Average Thomas L. Hickson 85. William J. Meyer 74. John Pregler 74• Joseph A. Lakeman 72• Joseph L. Jungblut 71. Respectfully submitted, C. S. HARKER Chairman. E. B. LYONS R. M. BENN Commissioners. Attest: J. J. SHEA Clerk. Subscribed and sworn to before me, a Notary Public, this 1st day of November, 1948. GERALDINE L. JENNI. Notary Public. Councilman Murphy moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Dubuque, Iowa, November 1st, 1948. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provis- ions of the Code of Iowa, 1946, the Civil Service Commission conducted an entrance examination on Oct. ober 5th, 1948, for those seeking positions for appointment on the Police Department. The following are the names of those who passed the written and physical examinations and their names are hereby certified for ap• pointments as members of the Police Department. NAME Average Eldon A. Adams 88. Ivan S. Dow 77. Paul T. Neyens 76. Respectfully submitted, C. S. HARKER Chairman E. B. LYONS R. M. BENN Commissioners. Attest: J. J. SHEA Subscribed and sworn to before me, a Notary Public, this 1st day of November, 1948. GERALDINE L. JENNI. Notary Public. Councilman Moffatt moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. October 13, 1948. To the Honorable Mayor, City Council and City Manager. Dubuque, Iowa. Gentlemen: In accordance with your instruc- tions contained in the Resolutions listed below, I wish to report as follows; RESOLUTION NO. 141 - 48. $7,500.00 of Special Assessment bonds for the improvement of Audubon Street were offered for sale on August 25, 1948 after prop- er advertising. A bid of par and accrued interest, by Peter H. Mc- Carthy was accepted and the bonds were awarded to him. RESOLUTION NO. 159 - 48. $4,000.00 of Special Assessment bonds for the improvement of Gan- dolfo Street were offered for sale on Sept. 8, 1948 after proper ad- vertising. No bids were received at the time of the sale and the bonds were subsequently sold, over the counter, to local investors at Par and accrued interest. Regular Session, November 1st, 1948 447 RESOLUTION NO. 161 - 48. $1,700.00 of Special Assessment bonds for the York Street Sewer improvement were offered for sale on Sept. 8, 1948 after proper ad- vertising. No bids were received at the time of the sale and the bonds were subsequently sold, over the counter to local investors, at par and accrued interest. RESOLUTION NO. 199 - 48. $3,500.00 of Special Assessment bonds for the improvement of For- est Lane were offered for sale on October 1, 1948 after proper ad- vertising. No bids were received at the time of the sale and the bonds were subsequently sold, over the counter to local investors, at par and accrued interest. RESOLUTION NO. 201 - 48. $1,300.00 of Special Assessment bonds for the improvement of Diamond Street were offered for sale on October 1, 194S after proper advertising. No bids were received at the time of the sale and the bonds were subsequently sold, over the counter to local investors, at par and accrued interest. Respectfully submitted, EDWARD M. TSCHIRGI. City Treasurer. Councilman Murphy moved that the report of City Treasurer Tschirgi be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp• October 30, 1948. To the Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: A petition of the Dubuque'Roof- ing Company, 10-20 East Sixth Street attached hereto has been referred to me for investigation and report. I have made an investigation and insofar that it only affects one business firm, I herewith recom- mend that there be no restriction on East Sixth Street between Cen. tral Avenue and White Street. Respectfully yours, JOS. H. STRUB Chief of Police. son. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of September, 1948, presented and read. Council- man Wharton moved t h a t the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Wharton moved that the recommendation of Chief of Police Strub be approved. Second- ed by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. October 30, 1948. To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: Due to poor visibility and narrow streets we have been experiencing considerable traffic hazards at the intersection of East 21st Street and Washington; and East 21st St. and Elm Street. Because of this hazard I here- with recommend that Washington and Elm Streets at the intersec- tion of East 21st Street be made a stop intersection causing N o r t h and South traffic on Washington and Elm Streets to stop before tra- versing East 21st Street. Respectfully yours, JOS. H. STRUB, Chief of Police. Councilman :Murphy moved that the recommendation Of Chiefaof the Police Strub be approved proper proceedings ordered pre- 448 Regular Session, November Ist, 1948 pared. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. October 26, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the communica- tion of one Helen C. Hennings in regard to the construction of T Hangars at the new Municipal Airport which was referred to me for investigation and report, I find that the Budget Law in the State of Iowa was complied with and that bids were received for the erection of sixteen unit T Hangars and that a report of the City Manager was filed stating that on the basis of the lowest bids re- ceived it would make it impractic- able for the city to rent space for privately owned aircraft at reasonable rates and that the bids were rejected. Thereafter the City Manager under the direction of the City Council proceeded to erect the hangers. It is provided by the 1946 Code of Iowa as follows: "330.2 Powers. Cities and towns shall have the right to acquire, establish, improve, maintain and operate airports, either within or without their corporate limits, and either within or without the ter- ritorial limits of this state." "330.6 Improvements. Any such city or town may erect on any land so acquired, or owned by it, such buildings and equipment, and make such improvements as may be necessary for the purpose of adapting such property to the use of aerial traffic." Yours truly, zinger be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp-. son. October 7, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen'. With reference to the law suit now pending in the District Court of Iowa in the case of Mildred Chatfield, Administratrix of t h e Estate of Harold Chatfield, deceas- ed, vs, City of Dubuque, Iowa, claiming $10,000.00 damages and that on or about January 24, 1948, Harold Chatfield was walking in a careful and prudent manner from the east to west side across Elm Street in the north crosswalk of Twenty First Street, at which time he slipped and fell on a rough, un- even, irregular accumulaion of ice and snow on said crossing sustain- ing severe and painful injuries which resulted in his death on or about the 2nd day of March, 1948. After conference with Louis Fautsch, Attorney- for Plaintiff, they have agreed that they will accept $500.00 in full payment of their claim. JOHN J. KINTZINGER City Solicitor Councilman Wharton moved that the report of City Solicitor Kint- I recommend that this claim be allowed in the sum of $500.00 and that a warrant be issued payable to Louis Fautsch, Attorney for Mild- red Chatfield, Administratrix of the Estate of Harold Chatfield, deceased, and delivered upon de- livery to the City of a release properly executed and upon dis- missal of said action. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Wharton moved that the recommendation of City So- licitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $500.00 in favor of Louis Fautsch, Attorney for Mildred Chatfield, Administra- Regular Session, November 1st, 1948 449 trix of the Estate of Harold Chat- field, deceased, as settlement in full of the claim and law suit, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release and upon dismissal of said law suit. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. settlement in full of the claim and that said warrant be delivered up- on receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son October 26, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim en- titled Charles Lightfoot, claimant, vs. City of Dubuque, defendant, in the District Court of Iowa in and for Dubuque County claiming $750. damages for injuries sustained by claimant on February 3, 1948, at the intersection of Second a n d Main Street, at which time claim- ant claims that he stepped into the street at the Southwest cor- ner of said intersection onto an accumulation ofice which w a s rough, rounded, uneven, sloping, slanting and slippery and fell fract- uring two bones in his left hand, bruising his body and limbs, and producing shock to his nervous system. After several conferences with his Attorney, they have agreed to settle this claim for $200.00. I recommend that the claim be allowed in the sum of $200.00 and that a warrant be issued payable to Robert H. Kintzinger, Attorney for Charles Lightfoot, for said amount and delivered to him upon delivery to the City of a release properly executed by claimant. Yours truly, JOHN J. KINTZINGER, City Solicitor Councilman Moffatt moved that the recommendation or pea and So- licitor Kintzinger be app the City Auditor instructed to draw a warrant in the amount of $200.00 in favor of Robert H. Kintzinger, Attorney for Charles Lightfoot, as October 29, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of one Neil Schubert for damages caused to his car on or about Aug- ust 26, 1948, when he pulled into the curb to park on 7th Street near Central and ran into a drain plate sticking out on the sidewalk where the curb had been broken out. I have been to the scene of the accident and am of the opinion that this spot, as shown by the pictures attached to his claim, is a dangerous condition. The extent of his damages are $20.50. I recommend that his claim be allowed in the sum of $20.50 and that a warrant be issued payable to him for that amount and deliver- ed to him upon delivery to the City of a release properly executed. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City So- licitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $20.50 in favor of Neil Schubert, as settle- ment in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l in e n Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. 450 Regular Session, November I st, 1948 October 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the objections filed by Rosa Jungwirth to the special assessment for Vernon and Edina Streets sewer levied against Lot 1 of Mt. Pleasant Addition of Sub. 1 of 9 in the amount of $452.55. The objector has agreed to pay the sum of $225.00 in full payment of the assessment which would leave a balance of $227.55. I recommend that upon the pay- ment of $225.00 by Rosa Jung- wirth she be given a receipt in full payment of said assessment and that the balance due on said assessment in the sum of $227.55 be paid from the Consolidated Fund of the City of Dubuque. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Wharton moved that the recommendation of City So- licitor Kintzinger be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. October 18, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of Septem- ber, 1948, also list of claims and list of payrolls for which warrants were issued for the month of Sept- ember, 1948. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Wharton. Carried by the followin@ vote: Yeas — Mayor Van Duelman Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held September 24th the com- munication of the Planning and Zoning Commission recommending denial of the petition of Loras College asking for the vacation of Helena Place on the grounds that the access to the Loras Academy building for fire protection in par- ticular and for traffic circulation generally would be restricted, was referred to the Council to view the grounds. The Council having viewed the premises and having consulted with the Loras College authorities concluded that the purposes of Loras College could be served and the objections of the Planning & Zoning Commission overcome by vacating the portion of Helena Place beginning one hundred feet westerly of the west property line of Henion Street, westerly to its terminus and allowing the easterly portion of Helena Place to remain open for fire protection and traffic circulation. I recommend that this proposal of the City Council be referred to the Planning and Zoning Commis- sion for its report and recommend- ation. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy: Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. �r Regular Session, November 1st, 1948 451 November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, I have contacted various experts in the field of gas utilities work for the purpose of inquiry into the re- quest of the Key City Gas Com- pany for increased rates for their product. The attached letter from the firm of Black & Veach, Con- sulting Engineers of Kansas City Missouri, outlines their availability for this work and their schedule of fees. I recommend that the firm of Black & Veach be retained by the City of Dubuque for inquiry into and conferences concerning t h e subject of gas rates. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays—None. Absent — Councilman Thomp- Councilman Wharton moved that the communication of City Man- ager Rhomberg be referred to the Council to view the grounds. Sec- onded by Councilman :Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The development of Xavier Hos- pital near the intersection of Wind- sor Avenue and Davis Street will generate an additional amount of traffic on Windsor Avenue in an area that has been rapidly develop- ing. Windsor Avenue is on a bus route and during the progress of funerals is at times congested. Particularly is this the case on Memorial and Armistice Day ser. vices. I recommend that plans be pre- pared for the elimination of the center parkways in Windsor Ave., and a hearing scheduled during the winter for such improvement. Respectfully submitted, A. A. RHOMBERG City Manager. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held October 4, 1948 the petition of Carl Schmidt, individually and Carl Schmidt as guardian of the estate of Rebecca Schmidt, incom- petent, by E. H. Willging, Attorney requesting the Council to take steps to terminate the nuisance created by Carr, Adams and Collier Co. and Farley and Loetscher Man. ufacturing Co. was referred to the City Council, City Manager and City Solicitor to view the grounds. The premises having been in- spected by the above group, it was concluded that the two woodwork- ing companies be informed of the complaints and the both of them requested to outline in writing to the City Council their plans for the correction of the subject matter of the complaint. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Wharton. Nays -- None. Absent — Councilman Thomp- son. 452 Regular Session, November 1st, 1948 November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held September 7, 1948 the petition of Joe Peter and others requesting the installation of sewer and water mains in St. Ambrose Street from Seminary Street north and the installation of a water main in Hazel Street from Sem- inary Street westerly to the city limits, was referred to the City Council to view the grounds. The Council having viewed the premises decided to have plans and specifications prepared f o r these improvements. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held September 7th the peti- tion of Wilfred E. Datisman and others requesting installation of a street light at the intersection of Apple and Oak Streets was referr. ed to the Council to view the grounds. The Council having viewed the premises decided to grant the re quest. I recommend that the de cision of the Council be confirmed Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Wharton moved tha the recommendation of City Man ager Rhomberg be approved. Sec ended by Councilman Moffatt. Car - •fed by the following vote: Yeas — Mayor Van Duelman, 7 o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- Son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held September 24, 1948 I was requested to advise you on the advisability of commencing con- struction of the sewage disposal plant for the city and of the ways and means of financing such a pro- ject. As you know, there are com- plete plans and specifications on hand for a sewage disposal plant. The necessary intercepting sewers and pumping lift plants to care for the sewage along East Fourth Street and from the Dubuque Pack- ing Plant and the areas adjacent thereto. I am advised by the con- sulting engineering firm of Con- soer, Townsend and Associates, who prepared the plans, that the estimate of the cost of this work at present day prices, is approxi- mately $1,750,000.00. It is possible to finance the con- struction of such sewage works by the issuance of either general obli- gation bonds or by so-called rev- enue bonds. The retirement of these bonds, together with the maintenance and operation costs of the sewage works, can be accom- plished either by direct real estate tax levies in the case of general obligation bonds or by the collec- tion of sewage service fees in the case of revenue bonds. The latter method, that of the collection of sewage service fees, usually as a percentage of the water bill, is the more common and prevails in most places. It would be the method that I would recommend for your consideration. The current Nation- al Stream Polution Bill has a provision wherein the Federal Government will loan the munici- pality a maximum of $250,000.00 .A - Regular Session, November 1st, 1948 at a 2 percent interest rate. This Federally guaranteed loan can be made subordinate to any other fin- ancing. There is at the present no man- date upon the City of Dubuque to treat its sewage. The trend in this direction over the past several ses- sions of Congress indicates that more and better legislation may be in the offing. After a full and com- plete discussion of this subject with the consulting engineers, I recommend that the City Council defer action on the construction of the sewage disposal plant until after the next session of the Na- tional Congress. Respectfully submitted, A. A. RHOMBERG City Manager. 453 be wholly from Water Department revenues. The present water rates would of necessity have to be in- creased to provide the additional revenues. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As you know the Water Depart- ment of the City of Dubuque has on hand plans and specifications for the softening of the municipal water supply. There has been an increasing amount of interest in the development of this project and there can be little question but that the public advantages and conveniences of soft water would be of great benefit to the citizens. The latest estimate of the cost based on present day prices is $560,000.00. It appears that the City of Du- buque would be able to issue rev- enue bonds for possibly a 2 1-4 per- cent interest rate or at 2 1-2 per- cent at the most. The retirement of these bonds together with the maintenance and operationwould of the water softening plant, I recommend that the City Coun- cil institute proceedings for the construction of a water softening plant during the forthcoming year. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The construction of the sanitary sewer in Seminary Street from the west corporation line to 165 feet east of the east property line of St. Ambrose Street by the Thos. Flynn Coal Company has been com- pleted according to the plans and specifications. Therefore, I recommend its ac- ceptance by the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- agerCo by Sec- onded byuncilman Wharton. Carried bythe following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. 454 Regular Session, November ist, 1:948 (A Resolution Accepting Improv- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 227 - 48. WHEREAS, the contract for the construction of a sanitary sewer of eight (8) inch diameter in Seminary Street from the West Corporation Line to 165 feet east of the east property line of St. Ambrose Street has been complet- ed and the City Manager has ex- amined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby dir- ected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments there- for, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percent- age provided for therin. Passed, adopted and approved this 1st day of November, 1948. Approved: FRANK VAN DUELMAN GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. ed by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 1, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The construction of the Jackson Street Storm Sewer by the Clin- ton Engineering Company of Clin- ton, Iowa has been completed ac- cording to the plans and specifica- tions. Therefor, I recommend its ac- ceptance by the Council. Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. November 1, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The improvement of Lombard Street with concrete curb and gut- ter from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane by the Thos. Flynn Coal Co. has been completed according to the plans and specifications. Therefore, I recommend its ac- ceptance by the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved the I Councilman Murphy moved that adoption of the resolution. Second the recommendation of City Man- Regular Session, November ist, 1948 455 ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 228-48. WHEREAS, the contract for the improvement of Lombard Street from the east property line of Gan- dolfo Street to 100 feet east of the east property line of Meadow Lane has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and he is hereby direct- ed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments there- for, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he Is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 1st clay of November, 1948. Approved: FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. October 6, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions the improvement of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east property line of McLenan Street by oiling and graveling has been completed by City Forces ac- cording to the plans and specifica- tions. This is to certify that the im- provement has been completed in accordance with the attached item- ized, verified statement of expendi- tures for materials and labor. Therefore, I recommend its ac- ceptance by the Council. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. 456 Regular Session, November i st, 1948 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 229-48 WHEREAS, the contract for the Improvement of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east property line of Mc- Lenan Street has been completed and the City Manager has exam- ined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage Provided for therein. Passed, adopted and approved this 1st day of November, 1948. Approved: FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the a- doption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. son. Absent -- Councilman Thomp- son. RESOLUTION NO. 230 - 48. WHEREAS, a Petition has been filed with the City Clerk asking that the present "Multiple Family Residence District" from its pres- ent termination at Paulina Street be extended to include real estate on the northerly side of West Fifth Street to Alpine Street; and WHEREAS, said Petition w a s duly referred to the Planning and Zoning Commission of Dubuque for Investigation and report; and WHEREAS, said Planning and Zoning Commission has filed its report; and WHEREAS, before the zoning map and zoning ordinance of the City may be changed, it is neces- sary that a public hearing be held theron; and WHEREAS, the Cit} Council deems it advisable to hold such public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE C I T Y COUNCIL OF THE CITY OF DUBUQUE: That there should be a public hearing on the question of the extension of the "Multiple Family Residence District" from its pres- ent termination at Paulina Street to include real estate on the north- erly side of West Fifth Street to Alpine Street, said extension to include the following described property: Beginning at a point at the inter- section of the center line of Paul- ina Street extended and the center line of West Fifth Street; thence northerly along the center line of Paulina Street extended to the northeasterly corner of Lot 1 of Lot 1 of Lot 7 of Mineral Lot 79; thence westerly along the norther- ly line of said Lot 1 of Lot 1 of Lot 7 of Mineral Lot 79 to the northwest corner thereof; thence a j Regular Session, November 1st, 1948 457 southerly along the westerly line of said Lot 1 of Lot 1 of Lot 7 of Mineral Lot 79 to the north- easterly corner of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Lot 7 of Mineral Lot 79; thence wester- ly along the northerly line of the Lots fronting on West Fifth St. to Alta Vista Street; thence north- westerly along the center line of Alta Vista Street to the intersec- tion of the center line of Carlotta Street extended and the center line of Alta Vista Street; thence along the center line of Carlotta Street to the intersection of the center line of Carlotta Street ex- tended and the center line of Al- pine Street; thence southerly along the center line of Alpine Street to the intersection of the center lines of Alpine Street and West Fifth Street; thence easterly along the center line of West Fifth St. to point of beginning. That the time and place for said public hearing be, and the same is hereby fixed for 7:30 o'clock p.m., on the 22nd day of Novem- ber, 1948, in the City Council Chamber, City Hall, Dubuque, Ia.; that the City Clerk be, and he is hereby directed to cause to be published in the Telegraph Herald the official newspaper in the City of Dubuque, notice of such hearing, same to be so published so as to leave at least 15 days between the day of such publication and the day fixed for said hearing, at said notice shall contain, among other things, the provision that any and all parties in interest and any and all citizens shall have an opportunity to be heard. Passed, adopted and approved this 1st day of November, 1948 FRANK VAN DUELMAA Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MO TT Councilmen. Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. RESOLUTION NO. 231 - 48. BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and ciga- rette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS Veterans of Foreign Wars Club, 1031 Main Street. (Transfer of ad- dress from 1201 Central Ave.) Navy Club of Dubuque, Ship No. 67, 1201 Central Avenue. (Transfer of address from 2417 Rhomberg Ave.) Fred H. Cooper and Harold J. Love, 250 West 6th Street. Mrs. Eleanor Glynn, 1563 Central Avenue. LeRoy Bolender and Frances Bol - ender, 422 Main Street. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 1st day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J• J• CityAClerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the folloMayor ing vo Yeas Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp, Attest: J. J. SHEA City Cleik. Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car. ried by the following v Duelman, Yeas — Mayor Van son. RESOLUTION No. 232 8o r WHEREAS, applications Class "B" Beer Permits have been submitted to this Council for ap- proval and the same have O been en examined: NOW, BE 1T RESOLVED by the Coun- cil of the City of Dubuque that 458 Regular Session, November 1st, 1948 the following applications be grant- ed and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Fred H. Cooper and Harold J. Love, 250 West 6th Street. Mrs. Eleanor Glynn, 1563 Central Avenue. Joseph Beecher and Eldon Reiter, 2399 White Street. Mrs. Rosemary Hird, 2220 Univer- sity Avenue. Alfred E. Hedley and Lillian Hed- ley, 579 Eighth Avenue. George Deyoe, 469 Main Street. Herbert Meyer and Walter Meyer, 735 Central Avenue. Arthur F. Herber and Theresa Her- ber, 2319 Prince Street. John Glynn and Helen Glynn, 659 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Navy Club of Dubuque, Ship No. 67, 1201 Central Avenue. (Transfer of address from 2417-23 Rhomberg Avenue.) Leo A. Schwind Post No. 508, Vet- erans of Foreign Wars, Inc., 1031 Main Street. (Transfer of address from 1201 Central Avenue.) Hiawatha Club, 576 Central Avenue. North End Choral Club, 2774-2776 Jackson Street. Passed, adopted and approved this 1st day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp. son. RESOLUTION NO. 233 - 48. WHEREAS, heretofore applica- tions for Class "B" 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Fred H. Cooper and Harold J. Love, 250 West 6th Street. Mrs. Eleanor Glynn, 1563 Central Avenue. Joseph Beecher and Eldon Reiter, 2399 White Street. Mrs. Rosemary Hird, 2220 Univer- sity Avenue. Alfred E. Hedley and Lillian Hed- ley, 579 Eighth Avenue. George Deyoe, 469 Main Street. Herbert Meyer and Walter Meyer, 735 Central Avenue. Arthur F. Herber and Theresa Her- ber, 2319 Prince Street. John Glynn and Helen Glynn, 659 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Navy Club of Dubuque, Ship No. 67 1201 Central Avenue. (Transfer of address from 2417 - 23 Rhomberg Avenue.) Leo A. Schwind Post No. 508, Vet- erans of Foreign Wars, Inc. 1031 Main Street (Transfer of address from 1201 Central Avenue.) Hiawatha Club, 576 Central Ave., North End Choral Club, 2774-2776 Jackson Street. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved w Regular Session, November ist, 1948 459 this 1st day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy moved t h e adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Application of the Union League Club for a Class "B" Beer Permit for Private Club at 400 1-2 Iowa Street presented for approval. Councilman Murphy moved that the application be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Nays — None. Absent — Councilman Thomp- son. J. J. SHEA City Clerk. Approved 11949. Adapted IIIIY 19 9 �. Couileilmen Attest: City Clerk. .166 Special Session, November 22nd, 1948 City Council (Official) Special Session, November 22nd, 1948. Council met at 7:30 P. M. Present — Mayor Van Duelman, Councilmen Moffatt, Murphy, Whar- ton. City Manager Rhomberg. Absent — Councilman Thomp- son. Meeting called by order of Coun- cilmen Wharton and Murphy. Mayor Van Duelman read the call and stated that service there- of had been duly made and that this meeting is called for the pur- pose of conducting a public hear- ing upon a proposal to amend and change the Zoning Map and Zoning Ordinance by extending the Mul- tiple Family Residence District from its present termination at Paulina Street to include real es- tate on the northerly side of West Fifth Street to Alpine Street and acting on any other business as may properly come before a regu- lar meeting of the City Council. Proof of publication, certified to by the publishers, of notice of public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance by ex- tending the Multiple Family Resi- dence District from its present termination at Paulina Street to include real estate on the norther- ly side of West Fifth Street to Alpine Street, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by she following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Ordinance No. 19-48. An Ordin- ance amending and changing the Zoning Map of the City of Dubu- que as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to extend the "Multiple Family Resi- dence District" from its terming- tion at Paulina Street to include certain defined territory on the northerly side of West Fifth St. to Alpine Street, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Wharton moved that the rules be suspended fcr the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c 11 m e n Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Special Session, November 22nd, 1948 . 461 November 22, 1948. To the Honorable Mayor, City Council and City Manager. Gentlemen: There is filed herewith three proposed resolutions, a proposed ordinance and accompanying quit claim deeds, together with a copy of a plat which are necessary in clearing up and perfecting t h e title to property owned by the Adams Company and used and own- ed by it in connection with its plant south of Fourth Street Ex- tension. The three resolutions provide for the city to convey streets and alleys which have heretofore been vacated in favor of the adjoining property owners and the ordinance provides for the vacation and con- veyance of that part of the original Fourth Street Extension which has since been relocated for street purposes. It will be appreciated if you will promptly adopt the resolutions and ordinance. Respectfully submitted, CLEWELL & COONEY Attorneys for Adams Company By ROBT. W. CLEWELL. Dubuque, Iowa, and that part of the alley in Block 22 in Dubuque Harbor Improvement Company's Addition and that part of Washing- ton Street and that part of Fifth Street lying between the southerly boundary of Fourth Street Exten- sion as of located and the present boundary of Fourth Street Extension, all in the City of Du- buque, Iowa, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Attorney Robt. W. Clewell ad- dressed the Council in support of the communication. Councilman Murphy moved that the communi- cation be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. ORDINANCE NO. 20 - 48• An Ordinance for the vacation of that part of Fourth Street Ex- tension as originally located lying between the southerly boundary of Fourth Street Extension as original ly located and Fourth Street Ex- tension as thereafter relocated and now existing in Blocks 22, 26and 30 in Dubuque Harbor Improv ment Company's Addition to the City of Dubuque, Iowa, and in Block A of Booth's Addition to the City of Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Moffatt. Carried by t h e following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Wharton moved that the Council view the grounds be- fore final adoption of this ordin- ance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays —None. Absent — Councilman Thomp- son. 462 Special Session, November 22nd, 1948 November 22, 1948. Honorable Mayor and Members of City Council of Dubuque, Iowa. Gentlemen: The buildings and properties of petitioner including its new hos- pital are located immediately north of the City Limits of Dubuque. The Sisters hereby petition your honorable body for permission and authority to construct at its ex- pense an eight inch sanitary sewer in Windsor Avenue commencing at and connected to the end of the present sewer at the intersection of Lawther Street and Windsor Avenue, thence northerly to the City Limits and thence branching out so as to be connected with the buildings of petitioner. Your petitioner further requests that the permit and franchise authorizing the aforesaid sewer construction be granted with the provision that any property owner abutting on Windsor Avenue and Davis Avenue in the City of Du- buque, desiring to connect with said new sewer may do so if ap- proved by the City Council, subject to the condition that such property owner pay this petitioner such part of the original total cost of con- struction of said sewer as the linear feet of the property to be connect- ed bears to the total linear feet of new sewer. Due to the urgency of this re- quest we ask that you give it Preferred attention. Respectfully submitted, SISTERS OF ST. FRANCIS OF DUBUQUE COUNTY, IOWA. By Mother M. Irmina Manter- nach President, Attorney Francis WConnor ad- dressed the Council in support of the petition. Councilman Murphy moved that the petition be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy ,Wharton. Nays — None. Absent — Councilman Thomp- son. Ordinance No. 21 - 48. An Ordinance granting to Sisters of St. Francis of Dubuque County, Iowa, its successors and assigns, the right to construct a sanitary sewer in Windsor Avenue from the end of the present sewer at the intersection of Lawther Street and Windsor Avenue, thence north- erly to the City Limits, prescrib- ing the conditions of this grant and regulating connections with said sewer, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Moffatt. Carried by t h e following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas—M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Murphy moved that the Council view the grounds be- fore final adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas -- Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. special Session, Novernlwr 2.2nd, I948 463 Mr. Clarence Strub addressed the Council in regard to the grading and improving of West T h i r d Street from Grandview Avenue to Algona Street. C i t y Manager Rhomberg submitted verbal recom- mendation that a plat and schedule be prepared for the improving of West Third Street from Grandview Ave. to Algona Street when waiv- ers have been secured from the property owners for the payment of their special assessments. Coun- cilman Wharton moved that the verbal recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, C o u r- c i l m en Moffatt, Murphy, Wharton. C o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Nays — None. Absent — Councilman Thomp- son. Mr. Clarence Strub addressed the Council requesting that the alley between Bennett Street and West Third Street be improved. City Manager Rhomberg submitted verbal recommendation that a plat and schedule be prepared for the improving of the alley between Bennett Street and West Third Street when waivers have been secured from the property owners for the payment of their special assessments. Councilman Wharton moved that the verbal recommen. dation of City Manager Rhomberg be approved. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Communication of P. J. Houser, Director, Division of Public Health Engineering, Des Moines. Iowa, ad- vising that a field training course in rodent control will be held in Kansas City, Missouri, during the period of November 29 to Decem- ber 10, 1948, presented and read. Councilman Wharton moved that the communication be referred to the Council. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Nays — None. Absent — Councilman Thomp- son. Notice of Claim of Mrs. Kenneth Lehnhardt for damages caused by coming into contact with poison ivy on the Fifteenth Street steps, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas — M a y o r Van Duelman, m. Dubuque, Iowa, November 15, 1948 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: We have received communicar tion of November 8, 1948, from City Manager A. A. Rhomberg ad- vising us of your request that we outline to you in writing our plans for the correction of a nuisance caused by dust particles in the atmosphere in the vicinity of 972 and 974 White Street, some of which are presumed to have escape from our woodworking operations. It is our sincere desire to do everything reasonable to prevent the escape of these dust particles. Speaking broadly, we believe our relations with the community in which we live are very important, and it is our perpetual desire to improve them. Speaking specifical- ly we desire to maintain the best possible relations with our near neighbors and if we make dust Which bothers them, we are dis- pleased. Our woodworking machines pro- duce Wood Waste which is con- veyed away trom the machines by means of air. It is then necessary to separate the wood particles from the air so that the wood may be disposed of, and it is in this separa- tion process that we are not com- 464 Special Session, November 22nd, 1948 pletely successful. Many men have worked years trying to adequately solve this problem. It is fortunate that the dust particles in the air are not a haz- ard to health, and the Iowa State Department of Health, we are sure, will corroborate this. But if they escape even in very small quanti- ties, they do create some nuisance. At the present time we are doing two specific things to reduce the dust in the air: 1. We are installing an entirely new dust collecting system on one of our sanding machines which pro- duces a large proportion of our fine dust particles. This new collector Is reputed to be highly efficient in dust collecting, and may encourage us to continue such a program in other areas. 2. In connection with our new power plant, we are buying many new Cyclone Dust Collectors, relo- cating and repiping all of our Cy- clone yclone Dust Collectors, and giving our Wood Waste handling system a complete overhauling. Where pos- sible in this new system we will move the Wood Waste by mechani- cal conveyers rather than by air, and this will also help. On items 1 and 2 above, we are spending many thousands of dol- lars and we are certain that a con- siderable improvement will be made. We are sorry we cannot advise you that we are certain all dust particles will be eliminated, but we do hope the very extensive efforts we are making on this problem will convince you of our desire to im- prove the condition, and that you and any affected residents of the community may be satisfied. If you desire, we will be happy to appear before your honorable body personally, or we will be happy to discuss this with City Manager Rhomberg. Very truly yours, FARLEY & LOETSCHER MFG. CO. By Robert F. Loetscher Superintendent. Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Mnfiatt. Carried by the following vote: Yeas — M ay o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Dubuque, Iowa, November 15, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: We have received a letter from the city manager dated November 8 instigated by the complaint of Mr. Carl Schmidt, requesting that we advise you in writing of our plan for the correction of the saw- dust condition which was brought on said complaint. We have for some time contem- plated the revamping of our collec- tor system, but action in this re- spect has been delayed pending the crystallization of plans for some de- partmental relocations and perhaps some building expansion. These plans should be complete within the next few months. Since this is a rather involved problem, we would welcome the opportunity of discussing the mat- ter in more detail with the council or with a committee which it might appoint. Yours very truly, CARR, ADAMS & COL- LIER COMPANY P. L. Adams, Vice President. Councilman Wharton moved that the communication be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Communication of the Retail Mer- chants' Bureau in regard to the installation of street decorations during the pre -holiday period and asking the City Administration to supply the electric energy for the lighting in connection with the dec- Nop Special Session, November 22nd, 1948 465 orations, presented and read. Coun- cilman Murphy moved that the re- quest be granted and the work to be done under the supervision of the Electrical Inspector and a Pub- lic Liability Policy to be furnished covering any damages which may occur during the period that the street decorations are erected. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. Petition of W. F. Trimpler re- questing a refund in the amount of $100.00 on the unexpired portion of his Class "B" Beer Permit No. 22 as he has discontinued business on November 1, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of W. F. Trimpler to cover the amount of refund granted on the unexpired portion of his Class "B" Beer permit No. 22. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. The following is submitted in compliance with Section 5, Resolu- tion No. 80. Excavation and refilling of dirt $522.60 Sewer tile (384 feet at. 47 cents ft.) 180.48 Labor for laying tile 108.80 Oakum 7.75 Cement 55.00 Sand 13.50 Gravel 13.50 Bricks 100.00 Manhole covers ($25.00 each) 75.00 Labor for pouring footing and laying bricks for three (3) man- holes Manhole No. 1 60.00 Manhole No. 2 140.00 Manhole No. 3 101.50 40 ft. 3-8" copper tubing at 16 cents ft. and 20 ft. 1-2" copper tubing at20 cents ft. 10.40 Excavation of stone on Thomas Street and lot No. 12 Fengler Addition 74.80 Premium of liability insurance 15.00 Premium on excavation bond 15.00 Repairing broken water main 62.04 Misc. expenses 25.00 Total$1580.37 H. C. Arnold. Nays — None. Absent —Councilman Thompson. Petition of W. F. Trimpler re- questing a refund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 84 as he has discontinued business on No- vember 1, 1948, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $50.00 in favor of W. F. Trimpler to cover the amount of refund granted on the unexpired portion of his Ciga- rette Permit No. 84. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. On this 6th day of November A. D. 1948, before me Geraldine L. Jenni, a Notary Public of Iowa, in and for Dubuque County, Iowa, personally appeared H. C. Arnold to me known to be the identical person named in and who executed the foregoing instrument, and ac- knowledged that he executed the same as his voluntary act and deed. GERALDINE L. JENNI NOTARY PUBLIC. My Commission ex- pires July 4, 1951. Councilman Wharton moved that the statement be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent —Councilman Thompson. 466 Special Session, November 22nd, 1948 Dubuque, Iowa, October 22, 1948 Mr. J. J. Shea City Clerk Dubuque, Iowa Subject: St. Mary's Orphan Home Sewer Dear Mr. Shea: The ordinance granting permis- sion to St. Mary's Orphan Home for the construction of a sanitary sewer from Chaney Road and Asbury Road to their new building on Carter Road provided that upon completion the final cost should be filed in the office of the City Clerk. We are therefore attaching a sheet showing the total cost as approved by us. Yours very truly, Carl F. Bartels, Consulting Engineer By, P. F. Mc Mahan. FINAL COST ESTIMATE St. Mary's Orphan Home Sewer M. L. Gaber Contract. Furnish & Lay 2,218 Lineal feet of 4" Cast Iron Force Main at $3.00 per Lin. Ft. — $6,654.00 Furnish & Lay 1,989.5 Lineal feet of 8" V. T. Clay Sewer Pipe at $3.20 per Lin. Ft. — $6,366.40 2 Drop Manholes & 4 standard Manholes com- plete as per plans — $1,384.00 High Lift station & wet well complete as per plans & specifications — $1,650.00 Two Extra Standard Manholes 10' deep and 11' deep — 21' at $20.00 per ft. 420.00 Install pumps and motors — $1,550.00 Extra cost due to cross- ing water main — $ 552.50 $18,576.90 Less amount previously paid $12,538.25 Balance due $6,038.65 Approved Carl F. Bartels, Con- sulting Engineer. Date, October 21, 1948. Councilman Murphy moved that the communication and statement be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Ordinance No. 22 - 48. An Ordinance designating inter- sections at East 21st Street and Washington Street, and East 21st Street and Elm Street as stop Intersections, providing for t h e erection of stop signs and a penalty for the violation of the terms here- of, presented and read. Councilman Murphy' moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. Ordinance No. 23 - 48. An Ordinance creating a n d establishing "Bradley Street Sewer District", which district embraces all of the lands within the drainage P Special Session, November 22nd; 1948 467 area of the sewer system to be Councilmen Moffatt, Murphy, constructed within the same, de- Wharton. claring that all lands within said Nays — None. district are benefited by the sewers Absent — Councilman Thomp- to be constructed therein and sub- son. ject to special assessments for the November 15, 1948. payment of the cost of sewer and Mr. J. J. Shea appurtenances thereto and defin- City Clerk ing all of such lands which are Dubuque, Iowa subject to be furnished with sewer Dear Mr. Shea: connections or drainage by said Enclosed herewith is transmis- sewer system to the adjacent prop- s!on line easement to Interstate erty, presented and read. Council- Power Company from The Asper - man Murphy moved that the read- mont Company. ing just had be considered the Yours very truly, first reading of the ordinance. Sec- City of Dubuque onded by Councilman Wharton. Board of Dock Commissioners Carried by the following vote: By Carl F. Bartels, Engineer. Yeas — Mayor Van Duelman, Councilman Moffatt moved that Councilmen Moffatt, Murphy, the communication and transmis- Wharton. sion line easement be received and Nays — None. placed on file. Seconded by Coun- Absent — Councilman Thomp- cilman Murphy. Carried by t h e son. following vote: Councilman Murphy moved that Yeas — Mayor Van Duelman, Moffatt, Murphy, the rules be suspended requiring Councilmen an ordinance to be read on three Wharton. separate days. Seconded by Council- Nays — None. Absent — Councilman Thomp- Moffatt. Carried by the follow- man son. ing vote: Yeas — Mayor Van Duelman, November 18, 1948. Councilmen Moffatt, Murphy, theHonorableMayor o and ethe ncil Wharton. MembersHof C ity Nays — None. Dubuque, Iowa. Absent — Councilman Thomp Dear Sir:Re: Eldon Reiter and J o s e p h son. Beecher Holders of Beer Per - Murphy moved that mit No. 118 2399 White Street, Councilman the ordinance be placed on file in- Dubuque, Iowa. be advised that on this with the City Clerk for public least one week be- Please s date Eldon Reiter was convicted spection for at fore its final adoption. Seconded in the Police Court the City in nDubuque violating the beer by Councilman Wharton. Carried of selling to and per, the following vote: laws, namely, minors to consume beer Yeas — Mayor Van Duelman, Moffatt, Murphy, mitting on the premises of a Class "B" that on the 16th Councilmen Permit holder, in this violation Wharton. of November, 1948, seventeen years Nays — None. Councilman Thomp- involved two boys age and one boy sixteen years Absent — of Reiter was fined $100.00 of age. Mr. son. Council Proceedings for the and $3.50 costs. Because of the above violation month of March, 1948 presented Moffatt of the law and the conviction there- the revocation of for approval. Councilman the Council Proceed- of, I recommend "B" Permit No. 118 forth- moved that of March, 1948 the Class ings for the month as printed. Seconded with. Respectfully Yours, be approved by Councilman Wharton. Carried JOS. H. STRUBChief by the following vote: of Police. Yeas — Mayor Van Duelman, 468 Special Session, November 22nd, 1948 Councilman Moffatt moved that the communication of Chief of Police Strub be referred to the Council for further consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 19, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of October, 1948, also list of claims and list of payrolls for which warrants were issued for the month of October, 1948. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 18, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policies and desire to have your approval on same for filing: EXCAVATION George F. Pinski, Policy No. P- 332606 198 Main Street, The Fidelity & Casualty Co. A. J. Levan, Policy No. M&C 2995- 96 2239 Central Avenue, The Western Casualty & Surety Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the bonds be approved and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 22, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council meeting of Octo- ber 4th I was instructed to nego- tiate for the purchase of Mineral Lot 297 and Lot 1 of Mineral Lot 296 comprising thirty-one and six - tenths acres and also for Mineral Lots 294 and 295 and Lot 2 of Mineral Lot 296 comprising twenty-seven a n d three -tenths acres all of which is located on Ham's Island, I have been unable to reach an agreement on t h e s e matters. I recommend that the Council proceed to acquire the property by condemnation. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 9, 1948. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: In Re: Petition of Mrs. Katie A. Miller for suspension of 1947 taxes because of infirmity, on Lot 10, Johnson's Sub, I recommend that said petition be approved and that Special Session, November 22nd, 1948 469 notification thereof be given to the Board of Supervisors of Du- buque County, Iowa. Yours truly, JOHN J. KINTZINGER City Soliciter Councilman Moffatt moved that the recommendation of City So- licitor Kintzinger be approved and the Board of Supervisors to be notified of the action taken by the City Council. Seconded by Council- man Wharton. C a r r i e d by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 9, 1948. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen'. RESOLUTION NO. 234 - 48. WHEREAS, the City of Du- buque, Iowa, did adopt a certain Ordinance on March 4, 1915, vacat- ing the alley in Paulina Lang - worthy's Subdivision between West 4th St. and West 5th Streets and Alpine and Paulina Streets in the City of Dubuque, Iowa, and In regard to the application filed by E. Marshall Thomas which was referred to me for investigation and report, I have examined the application, the resolution and the Quit Claim Deed. From such ex- amination, I am of the opinion that the prayer of the application should be granted, and that a quit claim deed should be executed to Willis LeRoy Schmeichel and Kath- leen W. Schmeichel, conveying to them the westerly 28 feet of Lot 14A and the easterly 20 feet of Lot 15A in Paulina Langworthy's Subdivision of Let 5 of Mineral Lot 73 in the City of Dubuque, Iowa. Yours truly, JOHN J. KINTZINGER City Solicitor. WHEREAS, no deeds were ever executed and delivered by the City of Dubuque conveying said vacated streets to the abutting property owners, and WHEREAS, Willis LeRoy Schmeichel and Kathleen W. Sch- meichel, husband and wife, are now the present owners of the Westerly 28 feet of Lot 14 and the Easterly 20 feet of Lot 15 in Paulina Lang - worthy's Subdivision which proper- ty is south of and abutting said vacated alley, and WHEREAS, that portion of said vacated alley abutting Lots 14 and 15 has been platted as Lots 14A and 15A, Paulina Langworthy's Subdivision, of Lot 5 of Mineral Lot 73 in City of Dubuque, Iowa: NOW THEREFORE, Be and It Is Hereby Resolved that the Mayor and City Clerk of the City o t Dubuque, Iowa, be and they are hereby authorized to make, execute and deliver a quit claim deed con- veying to Willis LeRoy Schmeichel and Kathleen W. Schmeichel, hus- band and wife, as joint tenants with right of survivorship and not as tenants in common, the follow- ing described real estate, to -wit: Westerly 28 feet of Lot 14A and the Easterly 20 feet of Lot 15A in Paulina Langworthy's Subdivi- sion of Lot 5 of Mineral Lot 73 in City of Dubuque, Iowa. Approved this 22nd day of NOV- ember, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Members of City Council. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoptionouncof lilmanWharton. Cao Second- ed byy ried by the following vote: Yeas — Mayor Van Duelman, Councilman Murphy moved that the report and opinion of City Solicitor Kintzinger be received and made a matter of record. Sec onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, . Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. 470 Special Session, November 22nd, 1948 C o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 20, 1948. Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Ed. Alber for damages in the sum of $18.29, upon investigation it ap- pears that on Sunday, October 3rd, 1948, Ed Alber was west -bound on Vernon Street approaching Glen Oak Street and that his car in turning to the side of the road to pass another car straddled a water shut-off pipe which pipe extended about five or six inches above the surface of the ground, causing damages to his oil pan. These dam- ages were taken care of at t h e Feldman Motor Co. and amounted to $18.29. I recommend that his claim be paid in the sum of $18.29 and that a warrant be issued pay- able to his order for that amount and delivered to him upon delivery to the City of a release properly executed by him. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City So- licitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $18.29 in favor of Ed. Alber, as settle. ment in full of his claim, and that said warrant be delivered upon re- ceipt by the City of Dubuque of a properly executed release. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp. son. November 16, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to the attached peti- tion of Rose Carolan asking re- zoning of the block between 24th and 26th Streets on Washington Street to the alley Local Business classification, the Planning & Zon. ing Commission finds; (1) that this area is already adequately served with Local Business facili- ties, and the public interests would best be served by preserving the present zoning; (2) that other uses allowed in a local Business dis- trict would be highly objection- able adjacent to a public play- ground such as Comiskey Field; (3) one of the objects of a Local Business District is to detach stores from residential areas, not to make them a part of same. Therefore, the Planning & Zon. ing Commission respectfully rec. ommends denial of the petition. Yours truly, DUBUQUE PLANNING & ZONING COMMISSION RICHARD V. MCKAY Secretary. Councilman Murphy moved that the recommendation of the Plan. ning and Zoning Commission be ap- proved. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 16, 1948. To the Honorable Mayor and the City Council, Dubuque, Iowa. Gentlemen: The Planning & Zoning Commis- sion has given further consider- ation to the petition of Loras Col- lege in the light of the suggestion of your honorable body that the proposed vacation of Helena Place begin 100 feet west of the west property line on Henion St, and extend to its west terminus, and providing an adequate entrance to Loras grounds is maintained west of the 100 foot Helena Place, the Commission recommends approval of the revised plan. Yours truly, DUBUQUE PLANNING & ZON- ING COMMISSION RICHARD V. MCKAY Secretary. Special Session, November 22nd, 1948 471 Councilman Wharton moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved and the proper proceedings ordered prepared. Seconded b y Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- Absent — Councilman Thomp-I son. son. November 16, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Replying to the request of your honorable body dated November 1, 1948 "that the Planning & Zoning Commission suggest and recom- mend the immediate steps to be taken upon the proposal to extend Grandview Ave. in a direct route northerly through the Senior High School grounds to the proposed Kane Heights Development", said Planning & Zoning Commission re- spectfully recommends as follows: (1) That the proposed extension of Grandview Ave. northerly over Audubon Street through the Sen- ior High School grounds to the Kane Heights Development, as shown in Mr. Hartzog's latest plan be adopted as an amendment to the Master Plan. (2) That a survey be made to establish the exact location of the proposed highway from Grandview Ave. to the Kane Heights Develop- ment. (3) That steps be taken to im- plement construction of the pro- posed direct highway from Audu- bon St. to Kaufman Ave. in the general public interest, since this new route will relieve north -south highway traffic on downtown streets at less cost and fewer en- gineering difficulties than by any other means, and simplify the fire and police protection of the hill district at the same time. Yours truly, DUBUQUE PLANNING & ZON- ING COMMISSION RICHARD V. MCKAY Secretary. RESOLUTION NO. 235 - 48. BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and ciga- rette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS Mrs, Margaret Barrington, 2 4 4 West First Street. BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved this 22nd day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. RESOLUTION 1N . 23 for Beer WHEREAS, app Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, Coun BE IT RESOLVED ll tby he the that cii of the City the following applications be 472 Special Session, November 22nd, 1948 granted an dthe licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Ray Nicks, 521 East 22nd Street. Mrs. Margaret Barrington, 2 4 4 West First Street. Clifford Calvert and Bertha Cal- vert, 185 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB The Victory Club, 326 Main Street. American Veterans of World War II, Dubuque Post No. 3, 429 Main Street. CLASS "C" PERMIT Peter J. Apel, 265 West First St. Agnes Zahina, 2649 Windsor Ave. Frank J. Pusateri, 1296 Central Ave. Passed, adopted and approved this 22nd day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved that the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. RESOLUTION NO. 237 - 48. WHEREAS, heretofore applica- tions 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Ray Nicks, 521 East 22nd Street. Mrs. Margaret Barrington, 2 4 4 West First Street. Clifford Calvert and Bertha Cal- vert, 185 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB The Victory Club, 326 Main Street. American Veterans of World War II, Dubuque Post No. 3 429 Main Street. CLASS "C" PERMIT Peter J. Apel, 265 West First St. Agnes Zahina, 2649 Windsor Ave. Frank J. Pusateri, 1296 Central Ave. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved this 22nd day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Murphy moved that the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. RESOLUTION NO. 238 - 48. WHEREAS, the County Board of Supervisors of Dubuque County, Ia. and the City Council of the City of Dubuque, Iowa have engaged the services of the firm of Dougher, Rich and Woodburn, Architects of Des Moines, Iowa to prepare the Plans and specifications for a pro- posed combination Court House— City Half—Jail under the terms of an advance of funds from the Bureau of Community Facilities of The Federal Works Administration and WHEREAS, there has now been Special Session, November 22nd, 1948 473 submitted the general layout in- cluding the floor plans; and WHEREAS, the City Council has examined the plans and is of the opinion that they should be ap- proved; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the general layout and the floor plans of the proposed combination Court House—City Hall—Jail be approved and the Bureau of Community Facilities of the Federal WorKs Administration be notified of such approval by the submission of a copy of this reso- lution; and Aeronautics Administration in the financing of such access road; and WHEREAS, the City Council of the City of Dubuque, Iowa is of the opinion that such assistance should be sought; NOW, THERE- FORE, BE IT FURTHER RESOLVED that the architects be instructed to proceed with the detailed plans and specifications to the end that all planning of this project will have been accomplished and the approval of the Bureau of Com- munity Facilities of the Federal Works Administration obtained thereon, on or before June 30, 1949. Passed, adopted and approved this 22nd day of November, 1948. FRANK VAN DUELMAN Mayor. GEO.. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Wharton. BE IT RESOLVED that a pro- ject application be submitted to the Civil Aeronautics Administra- tion for Federal aid in the develop- ment of the public airport consist- ing of the construction of an ac- cess road and that the Mayor be authorized to execute the project application and agreement and to submit the same to the proper authorities of the Civil Aeronau- tics Administration. Passed, adopted and approved this 22nd day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Nays — None. Absent — Councilman Thomp- son. RESOLUTION NO. 239 8. that WHEREAS, it is necessary yto a new access road be provided serve the Dubuque Municipal G1; Air- port from U. S. Highway and t o WHEREAS, it is possible obtain the participation of the Fed eral Government through the Civil Councilman Moffatt moved the adoption of the resolution. Second. ed by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. November 18, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The improvement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street with concrete paving by the Thos. Flynn Coal Company has been completed according to the plans and specifications. Therefore Icony end itsl, ac- ceptance by the Respectfully submitted, A. A. RHOM City Manager. 474 Special Session, November 22nd, 1948 Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. (A Resolution Accepting Improv- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA........ RESOLUTION NO. 240 - 48. WHEREAS, the contract f o r the improvement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, this 22nd day of November, 1948. Approved: FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays — None. Absent — Councilman Thomp- son. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, . Murphy, Wharton. Nays — None. Absent —Councilman Wharton BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby dir- ected to prepare a plat and ,sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments there- for, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of im- provement bonds issued upon the above described improvement in amount equal to the amount of. his contract, less any retained per- centage provided for therein. Passed, adopted and approved J. J. SHEA City Clerk. Approved 1949. Adopted 19 Attest: .... .,.......... � City Clerk. Special Session, November 2901, 1948 .475 City Council (OFFICIAL.) Special Session, November. 29th, 1948. Council met at 7:30 P. M. Present — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Murphy. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing up- on the notice of levy of special assessment and intention of the City Council to issue bonds for the construction of a sanitary sewer in Seminary Street, for the curbing and guttering of Lombard Street and the improvement of Mount Loretta Avenue and acting on any other business as may properly come before a regular meeting of the City Council. State of Iowa 1 SS. County of Dubuque f I, Richard H. LeMay, do hereby certify that on November 12, 1948, that I posted copies of the attached Notice of Levy of Special Assess- ment and Intention of the City Council to Issue Bonds along the line of improvement for the con- struction of a sanitary sewer of eight (8) inch diameter in Semi- nary Street from the West Corpo- ration Line to 165 feet east of the east property line of St. Ambrose St'eet. Signed, Richard H. LeMay. Subscribed and sworn to before me, Geraldine L. Jenni, A Notary Public, this 12th day of November, 1948. GERALDINE L. JENNI. Notary Public in and for Dubuque County, Iowa. )f Special Assessment and Intea- .ion of the City Council to issue Bonds for the construction of a sanitary sewer of eight (8) inch hameter in Seminary Street from the West Corporation Line to 165 feet east of the east property line Of St. Ambrose Street, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays —None. Councilman Thompson moved that the statement be received and made a matter of record. Seconded by Councilman Murphy. by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of Levy CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION NO. 241-48. Resolved by the City Council of the City of Dubuque, Iowa, that to pay for the construction of a sani- tary sewer of eight (8) inch diame- ter in Seminary Street from the West Corporation Line to 165 feet east of the east property line of St. Ambrose Street, Thos. Flynn Coal Co., contractors, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Albert Wharton & H. J. Hoffman, Jr., Lot 102, Finley's Add ..•.247.09 ................... Karl W. Harker, Lot 103 198.88 Finley's Add. Karl W. Harker, Lot 104, 198.88 Finley's Add . .................. Alfred A. & Dorothy F. Henschel, Lot 105, Finley's 198.88 Add. . ...................... Alfred A. & Dorothy Henschel, Lot 106, Fin - 198.48 ley's Add. ...... Alfred A. Fin & Dorothy F. Henschel, Lot 107, 198.89 ley's Add. Alfred A. Henschel, Lot 108, 150.66 W. 501, Finley's Add. Kenneth W. & A. Elliott, Lot 108, E. 161, Finley's 48.22 Add. Kenneth W. A. Elliott, Lot 109, Finley's Add. 198.88 Eliz. Cahill, Lot 110, Finley's 198-89 Add. . Arthur P. Lindecker,Lot 245.59 119, Finley's Add. .... 476 Special Session, November 29th, 1948 Arthur P. Lindecker, Lot Finley's Add . .... 48.22 118, W. 16', Arthur P. Lindecker, Lot 118, E. 50', Finley's Add.....150.66 Victor P. & Juanita E. Remy, Lot 117, Finley's 198.88 Add. ..................................... Wilson E. & opal L. Conlon, Lot 116, Finley's Add. ... 198.88 John A. & Eleanor Lyness, Lot 115, Finley's Add. ........198.88 B. M. & Helen :F:. Graf, Lot 198.88 114, Finley's Add . ............ B. M. Helen E. Graf, Lot 188 88 113, Finley's Add . .............. Sisters of the Holy Ghost, Lot 36, Finley's Add. ... 198.88 Sisters of the Holy Ghost, Lot 2, Sub. 37, Finley's 198.88 Add............. ...................... Lloyd E. Necker, Lot 39, in- W. 67'-4" of S. 100' Fin- 202.79 .............................. .................. ley's Add. ""• Dora C. Kunkel, Lot 40, W. 1-2 of S. 100' Finley's Add. .........................99.44 Albert V. & Madelene Wise, Lot 40, E. 1-2 of S. 100' .................. Finley's Add .........99.44 Paul P. Krocheski, Lot 41, Finley's Add. ... - - - . . .... 198-88 Mary B. Prendergast, Lot 1, Kleinschmidt Sub . ..............149.18 Ed. T. Ley, Lot 2, N. 47',141.65 Kleinschmidt Sub . .............. $4,566.14 850 Lin. ft. 8" Vit. tile at $3 50 ft ...................... $2,975.00 Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas — M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. (Resolution Providing for the Issuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 242-48 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the construction of a sanitary sewer of eight (8) inch diameter in Seminary Street here- inafter described, has been com- pleted and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and ex- pense thereof to be $4,566.14 and, WHEREAS, public notice as provided by law, has been publish. ed by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: 24 Each 8" x 6" Y Branches at $4.50 ................108.00 2 Each Brick Manholes at $200.00400.00 .............................. 75.7 Cu. Yds Crushed Stone at $3.00 ........................227.10 133 Sq. Yds. Asphalt Pvt. at $5.00 ....................................665.00 $4,375.10 Interest 6 percent for 52 days ......................................37.92 Extra Expense at 3 1-2 percent ....................................153.12 $4,566.14 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 29th day of November, 1948. FRANI£ VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT CounciMau. Attest: J. J. SHEA, City Clerk NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the construc- tion of a sanitary sewer of eight (8) inch diameter in Seminary St. from the West Corporation Line to 165 feet east of the east prop- erty line of St. Ambrose Street. there be issued improvement bonds to the amount of $4,566.14 Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 29th day of December, 1948, shall be in denominations of $500.00, except that there shall be one bond to the amount of $ 66.14. They shall be numbered from 3954 to 3963 inclusive and shall be divided into ten series, of which the bond numbered 3954 shall con- stitute the first series and shall be payable the first day of April, A.D. 1949, the bond numbered 3955 shall constitute the second series and shall be payable the first day of April, A.D. 1050, the bond number - Special Session, November 29th, 1948 477 ed 3956 shall constitute the third p series and shall be payable the b first day of April, A.D. 1951, the s bond numbered 3957 shall consti- tute the fourth series and shall be c payable the first day of April, A.D. e 1952, the bond numbered 3968 shall a constitute the fifth series and s shall be payable the first day of April, A.D. 1953, the bond number- ed 3959 shall constitute the sixth t series and shall be payable the first day of April, A.D. 1954, the bond numbered 3960 shall consti- tute the seventh series and shall be payable the first day of April, A.D. 1955, the bond numbered 3961 shall constitute the eighth series an d shall be payable the first day of April, A.D. 1956, the bond number- ed 3962 shall constitute the ninth series and shall be payable the first day of April, A.D. 1957 and the bond numbered 3963 shall con- stitute the tenth series and shall be payable the first day of April, A.D. 1958. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the ofgice of the City Treasurer in the City of Dubuque. Said bonds shall be substantially In the following form: CITY OF DUBUQUE Improvement BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A.D. 194.... ; or any time before that date at the option of the City, the .................. sum of . ..HUNDRED ... DOLLARS, with interest thereon at the rate of five per cent. Per annum, payable on the presenta- tion and surrender of the interest coupons hereto attached, In- terest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by to the City of Dubuque pursuant and by virtue of Chapter ain 96 Of the Code of Iowa, 1946, and accordance with a resolution of uhe City Council of said City, ly ason the 29th day of Novem- er, 1948. This bond is one of a r!Of of 10 bonds, 9 for $500.00 umbered from ' 3954 to 3962 in- luaive, and one for $66.14 number - d 3963, all of like tenor and date. nd issued for the purpose of con- truction of a sanitary sewer of eight (8) inch diameter in Semin- ary Street from the West Corpora - ion Line to 165 feet east of the east property line of St. Ambrose Streetand described in said reso- ution; which cost is assessable to andlevied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments with interest on all deferred pay- ments at the rate of five per cent, per annum, and this bond is pay- able only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done pre- cedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by and countersigned by its City Clerk with the seal of said City affixed this 29th day December, 1948, and has authorized the use of their fac-simile signature to the interest coupons hereto attached. ................................ .. Mayor. ......... . City Clerk. Countersigned (Seal) (FORM OF COUPON.) d On the ...........ay of _. A. D. 194 ... , the City of Dubuque, Iowa, promises to pay to the hearer as provided in the ])end, the sun' the o._ ..... 478 Special Session, November 29th, 1948 office of the City Treasurer in the City of Dubuque, being months interest due that day on its...................................Bond No......... ......... dated......................Mayor94...... ............................................. City Clerk Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be pre. pared and when so prepared, to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that pur- pose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. State of Iowa 1 SS. County of Dubuque do hereby I, Richard H. LeMay, certify that on November 12, 1948, I posted copies of the attached notice of Levy of Special Assess ment and Intention of the City Council to Issue Bonds along the line of improvement for the im- proving of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane. Signed, Richard H. LeMay. Subscribed and sworn to before me, Geraldine L. Jenni, A Notary Public, this 12th day of November, 1948. Geraldine L. Jenni Notary Public in and for Dubuque County, Iowa. Councilman Moffatt moved that the statement be received an d made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 29th day of Novem- ber, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of notice of Levy of Special Assessment and Inten- tion of the City Council to issue bonds for the improving of Lom- bard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. CITY OF DUBUQUE, IOWA. SCHEDULE OF ASSESSMENTS. RESOLUTION NO. 243-48 Resolved by the City Council of the City of Dubuque, Iowa, that to pay for the improving of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane, Thos. Flynn Coal Co. con- tractors, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels o1 Special Session, November 29th, 1948 479 real estate hereinafter named, sit -Frank Reuter & Florence vated and owned, and for the L. Miller, Lot 2, of 1 of several amounts set opposite each 15 Sister's Add. 1.16. lot or parcel of real estate, as Frank Reuter & Florence follows: l�. Miller, Lot 1, of 2 of Raymond & Maybelle A. 15 Sister's Add. 16.26. Hopkins, Lot 55, Quig- Frank Reuter & Florence ley's Sub. of M. L. 157, 271.12. L. Miller, Lot 2, of 2 of Margaret Eggers, Lot 56,15, Sister's Add. 4.95. Quigley's Sub. of M. L. Leo T. & Lois M. Barrett, 157, 282.90• Lot 16, W. 1-2 of S. Wm. Doty, Lot 57, Quig- 1-2 of Sister's Add. 22.35. ley's Sub. of M. L. 157, 280.54. Leo T. & Lois M. Barrett, Julius G. & Bernice Jen- Lot 16, W. 1-2 of N. 1-2 kins, Lot 9, O'Neill's Sub. of Sister's Add. 40.54. No. 3, 0.75. Wm. L. & Ruth Crane, Lot John T. & Bernice M. Car- lo, O'Neill's Sub. No. 3, 7.99. ter, Lot 16, E. 1-2 of N. Adam Gartner, Lot 12, 1-2 of Sister's Add. 34.47. O'Neill's Sub. No. 3, 10.25. 1. B. & Dorothy M. Walsh, Adam Gartner, Lot 11, Lot 16, E. 1-2 of S. 1-2 of O'Neill's Sub. No. 3, 18.39. Sister's Add. 19.25. Michael Steve, Lot 13, Frank Reuter, Lot 1, of 1 O'Neill's Sub. No. 3, 39.83. of 1 of 17 Sister's Add. 171.53. Mayhew Bennett, Lot 14, Frank Reuter, Lot 2 of 1 O'Neill's Sub. No. 3, 72.28. of 1 of 17 Sister's Add. 173.64. Charles M. Bennett, Lot 15, Frank Reuter, Lot 2, of 1 O'Neill's Sub. No. 3, 168.30. of 17 Sister's Add, 175.53. Allen &Sylvia Lindenberg. M. D. & Gertrude L. Fin - Lot 16, O'Neill's Sub. ton, Lot 1 of 2 of 17 Sis- No. 3. 203.09. ter's Add. 295.48. Mary R. & Margaret Calla- Irwin J. & Katherine L. ban, Lot 17, O'Neill's Sub. Behr, Lot 2 of 2 of 17 of No. 3, 62.90. Sister's Add. 284.30. Andrew 8, Theresa McGrath. Joanna Sheldon, Lot 1 of Lot 18, O'Neill's Sub 1 of 33 Sister's Add. 237.00. No. 3, 33.53. Joanna Sheldon, Lot 1 of 1 Thomas &Frances McGrath, of 32 Sister's Add. 68.50. Lot 19, O'Neill's Sub. Joanna Sheldon, Lot 1 of 1 No. 3. 15.91. of 31 Sister's Add. 19.72. Thomas Frances McGrath. Lois C. Murphy, Lot 30 Lot 20, O'Neill's Sub Sister's Add. 6.63. No. 3, 9.56. Lena P. Millin & Paulin Howard & Anna Havens. D. Weland Lot 1 of 2 of Lot 21, O'Neill's Sub.33 Sister's Add. 207.56. No. 3, 6.81. Lena P. Mirlin & PaulinD. Mary Fuchs, Lot 1, of Sub. Weland, Lot 2 of 2 of of 1 of 1 of 1 of 1 of 1 33 Sister's Add. 6.93. of 2, of Sub. 1 & 2 Sister's Lena P. Millin & Paulin Add. 38.62. D. Weland, Lot 2 of 2 of Otto Wimmer, Lot 2, of Sub. 82 Sister's Add. 61.58. of 1 of 1 of 1 of 1 of 1 Lena P. Millin & Paulin of 2 of Sub. 1 & 2 Sister's D. Weland, Lot 1, of 2 of Add. 144.76. 32 Sister's Add.16.52. Otto Wimmer, Lot 1, of 1 3 Glen V. & Eliz. Schultz, 2 11 Westaby's of 1 of 1 of 1 of 1 of Lot 2, of of 123.43. Sister's Add. 28 82 Sub. W. 50' - E. 100' Augusta Wimmer, Lot 2, of Glen V. & Eliz. Schultz, i of 1 of 1 of 2 of Sub. 1 Lot 1, of 1 of 2 of 11 & 2 Sister's Add. 168.69. Westaby's Sub.54.54. Mary Fuchs, Lot 1, W. 205' Daniel J. &Julia G. Gainor of Lot 4 of Sister's Add. 6.79. Lot 21 of 2 of 11 West - Frank Reuter & Florence aby's Sub. E50' - 123.43. L. Miller, Lot 1, of 1 of 14.62. E. 100' 15 Sister's Add. 48o Special Session, November 29th, 1948 Henry Victor, Lot 1, West- Jos. H. & Mildred Strub aby's Sub. 197.10. Lot 27, Quigley's Sub. of Dale E. & Margaret Cham- M. L. 157 1.75. bers, Lot 2, Westaby's Alfred J. Jr. & Florence Sub. 73.91. Puls, Lot 28, Quigley's Theodore & E. Marcel Tropf Sub. of M. L. 157 W. Lot 3, Westaby's Sub. 40.30. 50' 0.59 Helen M. Justman, Lot 4, Dubuque Thrift Plan Inc. Westaby's Sub. 18.79. Lot 28, Quigley's Sub. of John E. & Dona W. Klinker M. L. 157 E. 37' 0.20. Lot 5, Westaby's Sub. 3.63. Independent School Dist. Fred J. & Clara Kleinschmidt Lot 46, Quigley's Sub. of Lot 1 of 1 of 1 of 59 of M. L. 157 279.64. Quigley's Sub. of M. L. Independent School Dist. 157, 137.26. Lot 47, Quigley's Sub. of Fred J. & Clara Klein- M. L. 157 279.64. Schmidt, Lot 1 of 1 of 1 of 1 of 58 Quigley's Sub. Independent School Dist. of M. L. 157 76.66. Lot 48, Quigley's g y's Sub. of Fred J. & Clara Klein- M. L. 157 279.64. schmidt, Lot 2 of 58 of Independent School Dist. Quigley's Sub. of M. L. Lot 49, Quigley's Sub, of 157 147.77. M. L. 157 276.36. Richard V. & Charlene L. Independent School Dist. Hansel Lot 2 of 1 of 1 of Lot 50, Quigley's Sub. of 1 of 59 Quigley's Sub. of M. L. 157 276.33. M. L. 157 52.05. Hilda A. Huston, Lot 51, Richard V. & Charlene L. Quigley's Sub. of M. L. Hansel, Lot 2 of 1 of 1 of 157 1 of 58 Quigley's Sub. of 275.56. M. L. 157 29.05. Kath. Bieberman, Lot 52, Richard V. & Charlene L. Quigley's Sub. of M. L. Hansel, Lot 2 of 1 of 1 of 157 288.56. 59 Quigley's Sub, of M. Kath. Bleberman, Lot 53, L. 157 28.40. Quigley's Sub. of M. L. Richard V. & Charlene L. 157 273.46. Hansel, Lot 2 of 1 of 1 of Clara Schaller, Lot 54, Quig- 58 Quigley's Sub. of M. L. ley's Sub. of M. L. 157 286.36. 157 Chester E. & Pearl McCar- 15.86. Lena P. Millin &Pauline ten, Lot 2, of 1 of 59 of D. Weland, Lot 2, of 2 of Quigley's Sub. of M. L. 31 Sister's Add. 8.61. 157 13.26. Lena P. Millin & Pauline Chester E. & Pearl McCar. D. Weland, Lot 1 of 2 of ten, Lot 2, of 1 of 58 of 31 Sister's Add. 10.21, Quigley's Sub. of M. L. Norris Sam & Gloria L. 157 Chester E. & Pearl McCar. 8.40. Annis, Lot 11, Stetmore ten, Lot 2, of 1 of 2 of 24 Sub. Roger A. & Arline A. Spang- 14.53. Quigley's Sub: of M. L. 157 ler, Lot 12, Stetmore Sub. 67.12. Chester E. & Pearl McCar- 0.19. Dubuque Homes, Inc. Iot ten, Lot 2 of 2 of 1 of 1 13, Stetmore Sub. 166.34. of 25 Quigley's Sub. of Melvin J. & Anna M. Ahr- M. L. 157 0.09. endt, Lot 14, Stetmore F. J. Reinker, Lot 1, of 1 Sub. 179.37. of 2 of 24 Quigley's Sub. Dubuque Homes, Inc. Lot of M. L. 157 2.45, 15, Stetmore Sub. 179.37. F. J. Reinker, Lot 1 of 2 of Clarence A. & Marg. S. 1 of 25 Quigley's Sub. of Glaser, Lot 16, Stetmore M. L. 157 M. Fischer, Lot 26, Quigley's 6.15. Sub. 165.33. Donald D. & Ruth E. Sub. of M. L. 157 2.97. Bush Lot 17, Stetmore Sub. 67.11. Special Session, November 29th, 1948 481 Frank R. Jr. & Charlotte Councilman Murphy moved the A. Beddow, Lot 18, Stet- adoption of the resolution. Second - more Sub. 17.92. ed by Councilman Thompson. Car - Dubuque Homes Inc. Lot Tied by the following vote: 1, of 2 of 1 of 33 Sister's Yeas— Mayor Van Duelman, Add. 207.411. C o u n c i l m e n Moffatt, Murphy. Dubuque Homes Inc. Lot Thompson, Wharton. 2, of 2 of 1 of 33 Sister's Nays — None. Add. 44.86. (Resolution Providing for the Dubuque Homes Inc. Lot Issuance of Public Improvement 2, of 1 of 2 of 1 of 32 Sis- Bonds.) ter's Add. 23.76 CITY OF DUBUQUE, IOWA Dubuque Homes Inc. Lot RESOLUTION NO. 244-48 1, of 1 of 2 of 1 of 32 WHEREAS, the contract hereto - Sister's Add. 31.16. fore entered into by the City of Dubuque Homes Inc. Lot Dubuque for the improving of Lom- 2, of 2 of 1 of 31 Sister's bard Street hereinafter described 5.05. has been completed and said im- Add. provement has been accepted by Dubuque Homes Inc. Lot the City Council of said City and 2, of 2 of 1 31 Sister's the City Engineer has computed Add• 8.87. the cost and expense thereof to Dubuque Homes Inc. Lot be $8,630.48 1 of 2 of 1 of 31 Sister's AND WHEREAS, public notice Add. 10.34. as provided by law has been pub- $8,630.48. lished by the City Clerk stating the 2380.93 Lin. Ft. Combina- intention of the City Council to tion Curb and Gutter at issue bonds to pay the cost of $3.00 $7142.80. said improvement and a public 264.0 Lin. Ft. Radius hearing has been held pursuant objections filed Curb & Gutter at $3.00 792.00 thereto, and all been considered and 1 Ea. Catch thereto have Basin at $150.00 150.00. determined: BE IT RE- 15 Lin. Ft. 15' Reinf. 75.00. NOW, THEREFORE, by the City Council of Conc. Pipe at $5.00 Ea. Drive- SOLVED the City of Dubuque that to pro - 10 . at $13.50 13500 vide for the cost of improving of ways 1 Ea. Driveways . 1440 Lombard Street from the east prop, Gandolfo Street to 100 at $14.40 •."""."" """ erty line of feet east of the east property line 8,309.20. of Meadow Lane there be issued 6 percent Int. for 52 improvement bonds to the amount days 72.01. of $8,630.48. Extra Exp. at 3 per- Said bands shall be issued under 396 of 249.27. cent $8,630.48. the provisions of Chapter 1946; shall bear Total the Code of Iowa, 29th day of Decem- All of which is assessed in pro- the date of the all be in denomina- portion to the special benefits con ber o slot8$50000, except that here ferred.roved and app48. shall be one bond to the amount be numbered Passed, adopted this 29th day of shall 964 Tt ey3981 inclusive and FRANK VAN AN DUELMAN from30 be divided into ten series, Mayor. shall numbered which the bonds F. W. THOMPSON of 3964 and 3965 shall constitute the GEO. R. MURPHY ALBERT WHARTON first series a d shall be payable clay of April, A. ll 1948 W. W. MOFFATT the first d 3 bonds numbere966 and '396 Councilmen. the constitute the second series Attest: J. shall shall be payable the first day l City Clerk. erk. and 482 Special Session, November 29th, 1948 of April, A. D. 1950, the bonds numbered 3968 and 3969 shall con- stitute the third series and shall be payable the first day of April, A. D. 1951, the bonds numbered 3976 and 3977 shall constitute the fourth series and shall be payable the first day of April, A. D. 1952, the bonds numbered 3972 and 3973 shall constitute the fifth series and shall be payable the first day of April, A. D. 1953, the bonds numbered 3974 and 3975 shall con- stitute the sixth series and shall be payable the first day of April, A. D. 1954, the bonds numbered 976 and 3977 shall constitute the seventh series and shall be pay- able the first day of April, A. D. 1955, the bonds numbered 3978 and 3979 shall constitute the eighth series and shall be payable the first day of April, A. D. 1956, the bond numbered 3980 shall consti- tute the ninth series and shall be payable the first day of April, A. D. 1957, the bond numbered 3981 shall constitute the tenth series an d shall be payable the first day of April, A. D. 1958. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the C i t y of Dubuque. Said bonds shall be sub- stantially in the following form: No............................... Series No . .......................... CITY OF DUBUQUE Improvement BOND. The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A. D. 194......; or any time before that date at the option of the City, the sum of ............. ...........HUNDRED DOLLARS, with interest thereon at the rate of five per cent. per annum, payable on the presenta- tion and surrender of the interest coupons hereto attached, both in- terest and principal 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 pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 29th day of Novem- ber, 1948. This bond is one of a series of 18 bonds, 17 for $500.00 numbered from 3964 to 3980 inclu- sive, and one for $130.48 number- ed 3981, all of like tenor and date, and issued for the purpose of the improving of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred payments at the rate of five per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done prece- dent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and pay- ment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevo- cably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 29th day December, 1948, and has authorized the use of their fac-simile signa- I ," Special Session, November 29th, 1948 483 ture to the interest coupons hereto attached. ............................................ Mayor. City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ............day of .................... A. D. 194......, the City of Dubuque, Iowa, promises to pay to the bearer as provided in the bond, the sum of ........................................DOLLARS, at the office of the City Treasurer in the City of Dubuque, being ........... months interest due that clay on its.............................. No ............. dated 194......... ........................................ Mayor. Countersigned City Clerk. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be pre- pared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. Adopted this 29th day of N ovenr ber, 1948. Approved: FRANK VAN DUELMAN Mayor. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year afterthese payment of interest due, bonds shall be called and retired in the same order as numbered. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays None. State of Iowa 1 SS. County of Dubuque j I, Richard H. LeMay, do hereby certify that on November 12, 1948 I posted copies of the attached Notice of Levy of Special Assess- ment and Intention of the City Council to Issue Bonds along the line of improvement for the im- proving of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east property line of McLenan Street. Signed, Richard H. LeMay. Subscribed and sworn to before me, Geraldine L. Jenni, a Notary Public, this 12th day of November, 1948. Geraldine L. Jenni Notary Public in and for Dubuque County, Iowa. Councilman Murphy moved that the statement be received a n d made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to by the publishers, of Notice of Levy of Special Assessment and Issue Bonds for the improving of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east prop- erty line of McLenan Street, pres- ented and read. Councilman Thomp- son moved that the proof of pub - 484 Special Session, November 29th, 1948 lication be received and filed. Seo- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION NO. 245-48 Resolved by the City Council of the City of Dubuque, Iowa, that to pay for the improving of Mount Loretta Avenue from the east prop- erty line of Bryant Street to 181 feet east of the east property line of McLenan Street. City of Du- buque Force Account, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Independent School District, Lot 2 of Lot 1 of Mineral Lot 45&1of8of M. L. 47 & 153 Union Add. (Sub a) ......................................24.11 Independent School Dis- trict, Lot 1 of Lot 1 of M. L. 47 & 153 Union Add. (Sub a) ......................................35.29 Independent School Dis- trict, Lot 2, Mineral Lot45 ......................................156.75 Presentation Nuns, Lot 3, Mineral Lot 45 ......................139.11 Presentation Nuns, Lot 1 of Lot 4, Mineral Lot 45 ....247.13 Presentation Nuns, Lot 1 of Lot 1 of 1 of 1 Mineral Lot48 ......................................385.75 Presentation Nuns, Lot 2 of Lot 1 of 1 Mineral Lot 48 ..82.08 Victor H. & Bernice S. Steege, Lot 2 of Lot 2 of 1 Mineral Lot 48 .......................41.04 James L. Mulligan, Lot 1 of Lot 2 of 1 Mineral Lot 48 W. 50' ..................................41.04 Jacob & Eliz. Schwaegler, Lot 1 of Lot 2 of 1 Mineral Lot 48 W. 50' of E. 100' ......41.04 Robert M. & Lena R. Jones, Lot 1 of Lot 2 of 1 Mineral Lot 48 E. 50' of E. 100' .........41.04 Harold E. Edith E. Duffin, Lot 2 of Lot 2 Mineral Lot 48 .. ...... .....................40.22 Margaret Kretz, Lot 1 of Lot 1 of 2 Mineral Lot 48 ....36.93 Earl A. & Helen A. Biechler, Lot 2 of Lot 1 of 2 Mineral Lot 48 ............26.06 Constance Kelsen, Lot 46 Oak Grove Add . ......................3.93 Constance Kelsen, Lot 60, Oak Grove Add . ......................83.23 Constance Kelsen, Lot 59, W. 50', Oak Grove Add. ......38.89 Leo J. & Gertrude Clemens, Lot 59, E. 10' Oak GroveAdd . .............................. 7.79 Leo J. & Gertrude Clemens, Lot 58, Oak Grove Add. ......46.67 Leo J. & Gertrude CIemens, Lot 57, W. 50', Oak Grove Add . ..............................25.24 Marion Gibbs, Lot 57, 'w. 70', Oak Grove Add . ..............35.34 Leo J. & Gertrude Clemens, Lot 56, W. 50' of S. 40' Oak Grove Add . ................................6.51 Marion Gibbs, Lot 57, E. of S. 40' Oak Grove Add. ..9.11 Carl F. Jr. & Minnie Freihofer, Lot 56, N. 20', Oak Grove Add . ......................5.72 Carl F. Jr. & Minnie Freihofer, Lot 55, Oak GroveAdd..................................9.37 Carl F. Jr. & Minnie Freihofer, Lot 54, S. 40', Oak Grove Add . ........................2.06 Florence Killeen, Lot 1 of 2 of 1 of South 310' of 1 of Sub. 14 & 15, Oak Grove Add. ............................................41.29 Edward W. & Katherine Maahs, Lot 2 of 2 of 1 of S. 310' of 1 of Sub. 14 & 15, Oak Grove Add . ....................31.75 Julius J. & Rose Noel, Lot 2ofIof14&15 of S. 3101, Oak Grove Add . ......................34.93 Earl L. and Blanche V. Kramer, Lot I of I of 1 of I of S. 310' of 1 of 14 & 15, Oak GroveAdd . ..............................19.20 C.N. — pages 90,91,92. Stampfer Bldg. Co., Lot 2 of IOf1Of1S.310'1of14 & 15, Oak Grove Add. ..........6.40 Kenneth R. & Helen A. Cor- win, Lot 1 of 2 of 1 of 1 S. 310, 1 of 14 & 15, Oak GroveAdd . ...............................3.91 Robert F. & Frances Slivken, Lot 1 of 1 of 2 English Lane Sub.....................4.39 ra Special Session, November 29th, 1948 485 Robert F. & Frances Slivken,Mettel Realty & Inv. Co., Lot 2 of 3 English Lane Lot 10 Oak Grove Addition .40.76 Sub . ............................................ 63 Lester C. & Louise K. Rafoth,. Oswin J. & Grace E. Tigges, Lot 2 of 11 Oak Grove Lot 1 of 3 English Lane Addition ...................................42.20 Sub. .• •• • • • • . .•. . •.•• •.• ••• 2.14 Lester C. & Louise K. Rafoth, ' Oswin J. & Grace E. Tigges, Lot 2 of 12 Oak Grove Lot 2 of 4 English Lane Addition ...................................41.43 Sub.64 ................................................. Louis & Madeline C. Hagerty, John A. & Mary Matous, Lot 1 of it Oak Grove Lot 1 of 4, English Addition .....................................2.43 Lane Sub. .................................. 1.21 Louis & Madeline C. Hagerty, John A. & Mary Matous, Lot 1 of 12 Oak Grove ........ 2.74 Lillie & Mary Corcoran, Lot Lot 2 5, English 1 Ryder Sub........ • •..26.61 Lane Sub......................................98 Oliver & Anaclete Larson, Dubuque Homes, Inc., Lot 1 Lot 2 Ryder Sub. .. - - .26.61 of 5, English Lane Sub. .........66 Harry J. & Dorothy Butters, Kenneth E. & Helen E. Lot 3 Ryder Sub...................26.61 Mercer, Lot 1 of 2 of Mineral Harry J. & Dorothy Butters, Lot 42.......................................35.12 Lot 4 Ryder Sub..................26.61 Kenneth E. & Helen E. Wilfred H. & Thelma M. Mercer, Lot 2 of 2 of 4 Miehe, Lot 2 of 2 of 1 of 1 Mineral Lot 42 .............•••••.. 6.50 S. 310' of 1 of 14 & 15 Oak Fred H. &Marion L. Kruse, Grove Add. ..................2.06 ............. Francis L. Duggan, Lot 16 Lot 1 of 2 of 4 Mineral Oak Grove Add....... •• • • 49.25 Lot 42 ........................................63.70 Francis L. Duggan, Lot 17 Floyd D. & Dorothy Rundle, Oak Grove Add . ............. •• 49.25 Lot 2 of 1 of 1 of 1 of 4 of Lowell J. & Anita M. Mat. M. L. 42 ........................4.44 .......... thewson, Lot 18 Oak Grove Willis R. & Lulu Grewell, Lot Add............... ............................. 49.25 2 of 1 of 1 of 4 Mineral John Hallahan et al, Lot 1 Lot 42............................. ............2.39 . of 19 Oak Grove Add. ......37.76 Robert L. & Edith W. Barton, Peter J. & Severine Faber, 2 19 Oak Gre Add.A7.76 Lot 1 of 5 Mineral Lot 42 ....86.59 Lot of Emma Buchanan, Lot 6 Ci Lot 3 Ran- of Dubuque, ...R..•,•.420.64 dall's Sub. .............. Mineral Lot 42 ..................... ..84.54 Aloysius T. &Veronica Martha Burge, Lot 7 Mineral Schuster, Lot 1 Columbia Lot 42 77 66 Add. 48.61 Charles Rhomberg, Lot 3Charles J. & Lewina Mc - Oak Grove Addition .....•••.•.•129.41 Laughlin, Lot 2, Columbia Mary Helen Boyd, Lot 4 Ad •• • •••.••. ..................... 16.88 Robert E. Twaites, Lot 3 Oak Grove Addition .......•.....80.92 Columbia Add . ......................8.81 William Thill, Lot 5, Oak Robert E. Twaites, Lot 4 Grove Addition . .................••..56.05 Columbia Add. ........... 4.25 William Thill, Lot 1 of 1 of 6 21.84 RobertTwaites, Lot 5 Oak Grove Addition .... • Columbiaa Ad ...... ........ 2.14 Fred J. & Margaret Hantel- Louis F. Fautsch, Lot 6, man, Lot 2 of 6 Oak Grove Und. 1-2, Columbia Add. ... 1.0 Addition �••• • .• . , ........33.91 Bernice McCauley, Lot 6 Fred J. & Margaret Hantel- Und• 1-2, Columbia Add. .........97 man, Lot 2 of 1 of 6 Oak 2.90 Johanne Zauche, Lot 7 49. Grove Addition, ... • • • Columbia Add. - - . Catherine Williamson et al,42.97 John P. & Martha Rodham, Lot 7 Oak Grove Addition • Lot 16, Columbia Add. ......32.77 Catherine Williamson et al, 45.69 John P S Martha Rodham, Lot 8 Oak Grove Addition Lot 18, W 50', Columbia 3.58 Jennie Daugherty, Lot 9 45.39 . ................... - Add . Oak Grove Addition • .•.•••. 486 Special Session, November 29th, 1948 Anna Hamilton, Lot 17, Columbia Add . ........................32.16 Anna Hamilton, Lot 18, E. 50', Columbia Add . ..........................3.83 Robert E. Twaites, Lot 19, Columbia Add . ..........................3.99 Robert E. Twaites, Lot 20, Columbia Add . ..........................2.49 Louis F. & Lorraine Fautsch, Lot 21, Columbia Add.............2.19 Louis F. & Lorraine Fautsch, Lot 22, Columbia Add. ..........1.18 Margaret & Vivian Keup, Lot 31, Columbia Add . .......... 25.17 Arvin E. & Myrtle Humke, Lot 32, Columbia Add. ..........5.05 Arvin E. & Myrtle Humke, Lot 33, Columbia Add.............1.26 Herman Mehl, Lot 6, W. 1-2, Mineral Lot 45 ......................54.58 Elizabeth Fury, Lot 6, E. 1-2, Mineral Lot 45 ......................54.58 Vincent & Kathryn Fernan, Lot 2 of 2 of 5 Mineral Lot45 ........................................31.75 Presentation Nuns, Lot 1 of 2 of 5 Mineral Lot 45 ........205.14 Geo. L. & Dorothy L. Mc. Donald, Lot 1 of 5 Mineral Lot45 ........................................12.66 Presentation Nuns, Lot 1, Mineral Lot 42 ........................2.26 Geo. L. & Dorothy L. Mc- Donald, Lot 1 of 1, English Lane Sub . ................................92.41 Geo. L. & Dorothy L. Mc- Donald, Lot 2 of 1 of 2, English Lane Sub . ..................1.78 Dubuque Homes, Inc., Lot 9, English Lane Sub . ..................1.98 Home Owners Loan Corp., Lot 5, Ryder's Sub . ..............25.81 Home Owners Loan Corp., Lot 6, Ryder's Sub. ....... .....25.81 Hugh A. & Luella E. Brown, Lot 2 of 1, Mineral Lot 39 ....35.13 Louis Hoffman, Lot 2, E. 301, Mineral Lot 39 ........................15.96 Louis Hoffman, Lot 3, Mineral Lot 39 ......................31.93 Edw. D. & Ruth B. Walker, Lot 4, Mineral Lot 39 ............31.94 Helen M. Brockmann, Lot 5, Mineral Lot 39 ..................31.94 Mettel Realty & Inv. Co., Lot 6, Mineral Lot 39 ........31.94 John & Mary Theoes, Lot 7, Mineral Lot 39 ..................31.94 Arthur E. & Lorraine A. Weiland, Lot 8, Mineral Lot39 .......................................31.94 Robert F. & Frances Slivken, Lot 2 of 1, English Lane Sub..................................................15 Hugh A. & Luella E. Brown, Lot 2, W. 30', Mineral Lot39 ........................................15.97 $4,424.94 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 29th day of November, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. (Resolution Providing for t h e Issuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 246 - 48. WHEREAS, the contract here- tofore entered into by the City of Dubuque for the improving of Mt. Loretta Ave. hereinafter describ- ed, has been completed and said improvement has been accepted by the City Council of said City and the City Engineer has com. puted the cost and expense there- of to be $4,424.94 AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and deter- mined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the improving of Mount Loretta Avenue from the east property line of Bryant Street. Special Session, November 29th, 1948 to 181 feet east of the east prop- erty line of McLenan Street there be issued improvement bonds to the amount of $4,424.94 Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 29th day of Decenr, ber, 1948, shall be in denomina- tions of $500.00, except that there shall be one bond to the amount Of $424.94. They shall be numbered from 3982 to 3990 inclusive and shall be divided into three series. of which the bonds numbered 3982. 3983 and 3984 shall constitute the first series and shall be payable the first day of April, A. D. 1949. the bonds numbered 3985, 3986 and 3987 shall constitute the second series and shall be payable the first day of April, A. D. 1950, the bonds numbered 3988, 3989 a n d 3990 shall constitute the third series and shall be payable the first day of April, A. D. 1951. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of t h e City Treasurer in the C i t y of Dubuque. Said bonds shall be sub- stantially in the following form: No. .......................................... Series No. ........ ... CITY OF DUBUQUE Improvement bond The City of Dubuque in fh State of Iowa promises to pay a hereinafter mentioned to the bear er hereof, on the first day of April A. D. 194......; or any time before that date at the option of the City, the sum of HUNDRED DOLLARS, with inter est thereon at the rate of five Pe cent. per annum, payable on th, presentation and surrender of th interest coupons hereto attacher both interest and principal are pa3 able at the office of the C i t Treasurer in the City of Dubuqu In the State of Iowa. This bond i issued by the City of Dubuque p(r suant to and by virtue of 9 Ga stn 396 of the Code of Iowa, in accordance with a resolution ( 487 the City Council of said City, duly Passed on the 29th day of Novem- ber, 1948. This bond is one of a series of 9 bonds, 8 for $500.00 numbered from 3982 to 3989 inclu- sive and one for $424.94 numbered 3990, all of like tenor and date, and issued for the purpose of im- proving of Mount Loretta Avenue Bryant Street to 181 feet east of the east property line of McLenan Street and described in said reso- lution; which cost is assessable to and levied along said improvement, and is made by law a lien on all aboutting or adjacent property and payable in ten annual installments, with interest on all deferred payments at t h e rate of five per cent per an- num, and this bond is payable only out of the money derived from the collection of said_ special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done prece- dent to and in the issuing of this series of bonds have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and pay ment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irre- vocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 29th day Decem- ber, 1948, and has authorized the e use of their fac-simile signature to s the interest coupons hereto at- tached. ....................... Mayor. . ................... City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ..........day of . A. D. 194.. the City of Dubu(lue, Iowa, promises to pay to the bearer as provided in the bond, fhe s,un' Dollarat of . the office of the City Treasurer in the City of Dubuque, being inonths interest due that day oil 488 Special Session, November 29th, 194.8 its.......................................Bond No. .............. dated ......................... 194 ..... ,. ............................................ Mayor. City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also regis- ter them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVE, that the interest coupons attached to the bonds be signed with the fac-smile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 29th day of Novem- ber, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car. ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice of Claim of Mary C. How- ard in an unstated amount for in- juries received in a fall on an obstruction in the sidewalk on 14th Street in front of St. John's Church presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice of Claim of The Hawks Incorporated in the amount of $50. for damages to the club airnlane caused when the front wheels fell into an unmarked ditch at the Municipal Airport, presented and read. Councilman Murphy moved that the Notice of Claim be referr- ed to the City Solicitor for in- vestigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. ORDINANCE NO. 19-48 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3 - 34, designated "Zoning Ordinance of the City of Dubuque" so as to extend t h e "Multiple Family Residence Dis- trict" from its termination at Paul- ina Street to include certain de. fined territory on the northerly side of West Fifth Street to Alpine Street, said ordinance having been passed upon first reading on November 22nd, 1948 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adop- tion, was presented for final adop- tion. ORDINANCE NO. 19-48. An Ordinance amending and chang- ing the Zoning Map of the City of Du- tuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of Special Session, November 29th, 1948 489 the City of Dubuque" so as to extend the ":Multiple Family Residence Dis- trict" from its termination at Paulina Street to include certain defined ter- ritory on the northerly side of West Fifth Street to Alpine Street. Whereas, it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque so as to extend the ":Multiple Family Resi- dence District" from its present term- ination at Pauling Street to include certain defined territory on the north- erly side of West Fifth Street to Al- pine Street. And, Whereas, Notice of such pro- posed change has been published as provided law and an nity afforded to antr any and Interested par- ties ar.d citizens to object thereto at a public meeting held at 7:30 p• m., November 22nd, 1948, in the Council Chamber in the City Hall. And, Whereas, no objections have been filed or made to the proposed change. Now, Therefore, Be it ordained by the City Council of the City of Dubuque: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be, and the same is hereby amended and changed as follows: By extending the present "Multiple Family itesidence District" from its present termination at Paultna Street to Include real a state on the norther- ly side of West Fifthto Street said extensions treto eincludelpine the following described property: Beginat the later- ectioniof the centerpointng at a line of Paulina Street extended and the center line of West Fifth Street; thenece north- erly along the center line of Paulina Street extended to the northeasterly corner of Lot 1 of Lot 1 of Lot 7 of Mineral Lot 79; thence westerly along the he nortrly line of Bald Lot or Lot 1 of Lot 7 of Mineral Lot 79 to the northwest corner thereof; 1 thenenof said Lot 1a 04 LotIon thl osou feLot l7 of Mineral Lot 79 to the north- easterly corner of Lot 2 of Lot 1 of Lot 1 Miner Lot 1 of Lot 'thence of Lot 7 westerly of Mineral Lot 79; along the northerly line of the Lots fronting on West Fifth tr et to Alta Vista Street; westerly along the center line of Alta Vtata Street to the intersec- tion of the center line of Carlotta Street extended and th�hencecenter alline ong of Alta Vista Street; the center lineof Carlotta Street to the intersection of the center line of Carlotta Street extended and the center line of Alpinese center thenar :southerly along, along iection ofAlpine te the cent tlineseofrt er- sAl- pine Street and West Fifth Street; of ne enc e east ifth aStreetlog ter, Yh to entrpointli of beginning. Sec. 2. This Ordinance shall l in force and effect ten (10) d't� Prom and after its final passage, adop tion and publication as provided h law. rased upon first reading this 22n N vember. 1948. d u o day of o ed and approve p rased, adopt ti nal reading this 29th day of No- vember, 1948. FRANK VAN DUEL\LAN, Mayor. F. W. THOMPSON, GEO. R. MURPHY, ALBERT WHARTON. W. W. MOFFATT, Attest: Councilmen. J. J. Shea, City Clerk. Published officially in The Tele- graph -Herald newspaper this lst day of December, 1948. J J. SHEA, 12 -1 -it City Clerk. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ORDINANCE NO. 20 - 48. An ordinance for the vacation of that part of Fourth Street Exten- sion as originally located lying between the southerly boundary ,f Fourth Street Extension as origin- ally located and Fourth Street Extension as thereafter relocated and now existing in Blocks 22, 20 and 30 in Dubuque Harbor Improve- ment Company's Addition to the City of Dubuque, Iowa and in Block A of Booth's Addition to the City of Dubuque, Iowa, and that part of the Alley in Block 22 in Dubuque Harbor Improve- ment Corirpany's Addition and that part of Washington Street and that part of Fifth Street lying between the southerly boundary of Fourth Street Extension as originally loca- ted and the present boundary of Fourth Street Extension, all in the City of Dubuque, Iowa, said ordin- ance having been passed upon first reading on February 22nd, 1948 anti ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE rNo. 20 the c- 48 of An Ordinance that pert of Fourth Street Plrtenslon tas he nsoutheriv lnqllv 1 boundarvinof bron«rtn StrePt Extension ns orieinally lneated Fourth Street l,-, . ion as th„^rnfrrr r�1n �Gtealnd ir30 nine, "Xisting Tuburine in PSloeks 2_, nny'V Arl - lrnri,or Irr rOVeu„,ot Cnn�p• e flntinn, ir;inrk A in4 F oathtv of "s�u�ddltln(n�in the City of Dubuque. Iowa, and that Hart of the all, in Rlneh '_2 in y Dubuque Harbor Tmprovement Com- nnny's Addition anrt that part of d Washington Street h and t,h thelrsonthirt f Fifth street lying Fourth Street Ex- ,� erly boundary 490 Special Session, November 29th, 1948 tension as originally located and the present boundary of Fourth Street Extension, all in the City of Dubuque, Iowa. BE IT ORDAINED by the City Councit of the City of Dubuque, Iowa: Section 1. That part of Fourth Street Extension ar• originally located lying between the southerly boundary thereof and the present southerly boundary of Fourth Street Extension In Blocks 22, 20, and 30 in Dubuque Harbor Improvement Company's Ad- dition to the City of Dubuque and Block A in Booth's Addition to the City of Dubuque,, Iowa, and the alley in said Block 22 in Dubuque Harbor Improvement Company's Ad- dition and that part of Washington Street and that part of Fifth Street lying between the southerly bound - or glnally v of Fourth loelatedtreet and Extension present southerly of Ext nsion, all intheFourth e City ofDubuque, Iowa, be and the same is hereby vacated. Section 2. That The Adams C0111- pany cause a plat to be made of so much of said vacated areas as have not heretofore been platted or given distinctive description so that all of said areas shall be platted and given a distinctive lot description, and the Mayor and City Clerk of Dubuque, Iowa, are hereby authorized to make, execute and deliver a quitclaim deed to alt of said vacated area to The Adams Company, the uwner of the adjoining property thereto. Section 3. That the City Clerk be and he is hereby directed to record in the office of the Recorder of Dubuque County, Iowa, a certified copy of this Ordinance. Section 4. That this Ordinance be- ing deemed urgent and in the inter- est of public welfare, shall be in force and effect immediately upon its adoption and approval by the City Council and publication as pro- vided by law, said publication to be at the expense of The Adams Com- pany. Passed upon first reading this 22nd day of November, 1948. Passed, adopted and approved upon final reading this 29th day of Novem- ber, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. ATTEST: J. J. SHEA, City Clerk. Published officially In The Tele- graph -Herald Newspaper this let day of December, 1946, 12 -1 -it J. J. SHEA, City Clerk Council Record Book 18, pages 559 and 560, and WHEREAS, said resolution vaca- ted acertain alley running through Block B in Booth's Addition to the City of Dubuque, Iowa, and Fifth Street lying between Block A and Block B in Booth's Addition to the City of Dubuque, Iowa, and WHEREAS, said resolution pro- vided that said vacated alley and street were vacated in favor of the owners of the property abutt- ing thereon, and WHEREAS no deeds were ex- ecuted and delivered by the City of Dubuque vacating said areas to the abutting owners, and WHEREAS, The Adams Com- pany is now the present owner of the property abutting upon said vacated street and alley, and WHEREAS, said vacated street and alley are now being used and have been used by The Adams Company for many years last past, NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, that the Mayor and City Clerk of the City of Dubuque, Iowa, be and they are hereby authorized to make, execute and deliver a quit- claimdeed to The Adams Com- pany, an Iowa corporation wtth its principal place of business in the City of Dubuque, Iowa, covering the following described real estate in the City of Dubuque, Ia., to - wit: Lots B-7 and B-8 in Booth's Ad. dition in the City of Dubuque, Ia., according to the plat filed in the office of the County Recorder of Dubuque County, Iowa, on the 2nd clay of December 1948, in Book of Plats 17, Pages 128 and 129. Adopted this 29th day of Novem- ber, 1948. FRANK VAN DUELMAN Mayor. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. RESOLUTION NO. 247 - 48. WHEREAS, the City of Dubuque Iowa, adopted a certain resolution dated April 5, 1888, said resolution being shown in the records of the City Council of Dubuque, Iowa, F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Sjwcial Session, Nw k—tuber 29t1i, 1948 491 RESOLUTION NO. 248 - 48. 1 WHEREAS, the City of Dubuque, by Iowa, adopted a certain ordinance March 2, 1896, approved March 4, C 1896, vacating Washington Street T and the alley between Washing- ton and Wall Streets from High Bridge Avenue to Bell Street and from Bell Street to Tower Street and other streets and alleys, and I WHEREAS, said ordinance pro- vided that said streets are "aban- t doned as public highways in favor of the owners of the property t abutting thereon", and i WHEREAS, no deeds were ever executed and delivered by the City of Dubuque to said vacated streets to the abutting property owners, and WHEREAS, The Adams Con - pany is now the owner of property abutting upon the vacated streets and alleys, and WHEREAS, The Adams Com- pany is now using and occupying said property and have used and occupied it since the vacation of said streets and alleys, NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, that the Mayor and City Clerk of the City of Dubuque, Iowa, be and they are hereby authorized to make, execute and deliver a quitclaim deed to The Adams Company, an Iowa corporation with its principal place of business in the City of Dubuque, Iowa, covering the follow- ing described real estate in the City of Dubuque, Iowa, to -wit: Lots A-4, A-5, A-6, and A-7 in Du- buque Harbor Improvement Com- pany's Addition to the City of Dubuque, Iowa, as shown on plat recorded in the office of the County a Recorder of Dubuque County, on the 2nd day of December, 1948, In BOOR of Plats 17, 128 and 129. Adopted this 29th day of Novem- ber, 1948. FRANK VAN DUELM N F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MO Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the Councilmen. of the resolution. Second. d by Councilman Murphy. Carried the following vote: Yeas — Mayor Van Duelman, o u n c i l m e n Moffatt, Murphy, hompson, Wharton. Nays — None. RESOLUTION NO. 249 - 48. WHEREAS, the City of Dubuque, owa, adopted a certain ordinance dated July 19, 1917, vacating cer- ain streets and alleys in the City of Dubuque, Iowa, including per - ions of Fourth Street and Market Street and a portion of the alley n Block G in Booth's Addition to the City of Dubuque, Iowa and the alley lying between Booth's Ad- dition and Dubuque H a r h o r Im- provement Company's Addition to the City of Dubuque, Iowa, and WHEREAS, said ordinance pro- vided that said vacated streets and alleys were granted to the owners of the property abutting thereon, and WHEREAS, no deeds were ever executed or delivered by the City of Dubuque to said abutting own- ers, and WHEREAS, The Adams Com- pany is now the present owner of the portions of the property abutt- ing said vacated streets and alleys, and WHEREAS, The Adams C o m- pany has caused so much of said vacated areas as abut on areas heir property to be platted, s now being described as hereinafter set out, and WHEREAS, The Adams C o m- pany now uses and occupies said vacated areas and has ever since 1917, NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, that the Mayor and City Clerk of the City of Dubuque, Iowa, be and they are hereby authorized to make, execute and deliver a quitclaim deed to The Adams Company. an Iowa corporation with its principal place of business in the City of Dubuque, Iowa, covering the follow- ing described real estate in the City of Dubuque, Iowa, to -wit: Lots A-1, A-2, and A-3 in Dubuque Harbor Improvement Company's Addition to the City of Dubuque, Iowa, and Lots B-1, B-2, B-3, 134, B_5 B-6 and B-9 in Booth's o of 's A Ad- dition to the City ofDubuque, in all as shown on p Recorder the office of the County 492 Special Session, November 29th, 1948 of Dubuque County, Iowa, on thi 2nd day of December, 1948, in Bool of Plats 17, Pages 128 and 129 Adopted this 29th day of Novem ber, 1948. FRANK VAN DUELMAI\ Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen, Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried anried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Ordinance No. 21-48. An Ordi- nance granting to Sisters of St. Francis of Dubuque County, Iowa, its successors and assigns, the right to construct a sanitary sew- er in Windsor Avenue from the end of the present sewer at the intersection of Lawther Street and Windsor Avenue, thence northerly to the City Limits, prescribing the conditions of this grant and regu- lating connections with said sewer, said ordinance having been passed upon first reading on November 22nd, 1948 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 21-48 An Ordinance granting to Sisters of St. Francis of Dubuque County, Iowa, Its successors and assigns, the right to construct a sanitary sewer in Windsor Avenue from the end of the present sewer at the intersection of Lawther Street and Windsor Ave- nue, thence northerly to the City Limits, prescribing the conditions of this grant and regulating connections With said sewer. ofW ubuqueSC unt, Sisters of Iowa St.Francisfil a Its petition with the City Council of the City of Dubuque, Iowa, for Permission to construct at its expense an eight (8) inch sanitary sewer in Windsor Avenue commencing at and ennnected to the end of the present sewer at the intersection of Lawther Street and Windsor Avenue, thence northerly to the City Limits, Bald sewer to be then extended to connect with and serve the buildings of due ctonisideration, findsand this Cnoncilafter objection to the granting of said request. Be It Ordained by the City Council of the City of Dubuque: cis a of on 1. That Sisters Dubuqus County, f St Iowa, Fran- its successors and assigns, be and it Is hereby granted the right to con- struct an eight (8) inch sanitary sewer in Windsor Avenue commenc- ing at and connected to the end of the present sewer at the inter- section of Lawther Street and Wind- sor Avenue, thence northerly to the City Limits, said sewer then to be extended to connect with and serve the buildings of said grantee, its successors and assigns. Section 2. That the total cost of constructing said sewer shall be paid by the grantee and said sewer shall be built under the direction and supervision of the City Manager and the City Engineer. Section 3. That before commencing any excavation in the street pre- paratory to the laying of the sewer, said grantee or the contractor to whom the work shall be awarded shall cause to be filed with the City of Dubuque a public liability and property damage insurance policy, with a company and in form to be approved by said City, in which the City of Dubuque Iowa, is named as an additional insured and by the terms of which policy the City of Dubuque, Iowa, shall be insured against liability in the amount of Ten Thousand ($10,000.00) Dollars for any damages whi(-h may be sustained by third persons by reason of the construction of said improvement and said policy shall remain in force and effect until all ditches have been refilled, obstructions removed from the street• and the surface of the street and sidewalks replaced to as good condition as they were in before disturbed. Section 4. As a `urther condition to this grant, it is understood that after said sewer is completed the City of Dubuque shall have the right to make extensions thereto into other streets or districts witnout being re- quired to pay any part of the cost of the original construction of the sewer herein authorized. Section 5. Upon completion of the aforesaid project pursuant to the di- rections and supervision of the City Manager and City Engineer, the same shall be accepted by the City Council of the City of Dubuque, and there- after all maintenance and repairs of this sewer shall be paid by the City of Dubuque. Section 6. Aft,r said sewer has been completed and the total cost thereof determined such cost shall be certified as correct and filed in the office of the City Clerk, where the same shall remain as a perma- nent record. Any person or persons desiring to connect with said sewer shall first apply to the City Council for permission so to do and such per- mission shall be granted upon condi- tion that such property owner pay to the applicant herein, its successors or assigns, such a part of the total original cost of construction of said sewer as the linear feet of the proper- ty to be connected bears to the same, which cost shall not be in excess of that which may be levied upon property in the construction of sewers as provided by Statute. Section 7. That after said sewer has been constructed it shall not be removed o: its free use interfered with by the grantee herein, its suc- 2essors or assigns. .0this Section 8. As :� further condition :here artood that e rto grant, nosothere connect ons o that part of said sewer extending ')eyond the City Limits other than rom buildings and improvements i Special Session, November 29th, 1948 493 owned by grantee herein, its suc- with the City Clerk for public in- cessors and assigns, without first spect* For at least one week be - securing the approval of the City Council. fore its final adoption, was pre - Section 9. As a further condition gented for final adoption. to this grant, It is understood that that part of this sanitary sewer ex- tending north of the Limits ORDINANCE NO. 22-48. only shall 'e used carry only sanitary An Ordinance designating intersec- h tions at East 21st Street and Wash- pr,ove from the buildings and im- ington Street, and East 21st Street of grantee herein, its suc- pessors annts cesaors and assigns; that no down-and Elm Street as stop intersections, spouts shall be connected therewith; providingre tin f stop that no surface water or drainage of signs fopethe erection any kind shall be run into said of sewer and the City of Dubuque shall the terms hereof. BE IT ORDAINED BY THX CITY have power to correct such condi- COUNCIL OF THE CITY OF they exist. DUBUQUE, IOWA: tions should Section 10. This Ordinance being Section 1. That the intersection at deemed urgent and of immediate ne- East 21st Street and Washington cessitys hall be in force and effect Street and the intersection at East 21st Street and Elm Street in the from and after its final passage, approval and publication City of Dubuque, be, and they are adoption, as by law provided and when the hereby designated as stop intersec- cost in connection therewith has been by herein and when tions. Section 2. That stop signs shall be paid grantee the terms hereof are accepted by herein which acceptance shall erected on Washington Street and Elm Street on both sides of East 21st grantee be endorsed hereon. upon first reading this 22nd Street, and all vehicles shall come fullstopbeforeteri entering Passed day of November, 1948. 21st Street Washington all vehicles shall come to a full Passed, adopted and approved upon this 29th day of Novem- and stopente g East 21st Street t on b forElm final reading ber, 1949. FRANK VAN DUELMAN Street thereofninalconfldict Mayor nanceio or parts herewith are hereby repealed. F. W. R. MURP GEO. MURPHY Section 4. That any person, firm violating the provislo T N ALBERT or corporation of this Ordinance shall be deemed MOFFAT W. C MOFFATT Cou.wilmen. guilty of a misdemeanor and upon conviction shall be punished by fine Attest: J. J. Shea, City Clerk mento ofthan Ceno�lay i30 days. ACCEPTANCE OF ORDINANCE tmore ion 5. That this force and effectOrance shall days from Secbe intenn NO. 21-48 of St. Francis of Dubuque and after its final passage, adoption by the City Council and Sisters County, Iowa, having full knowledge terms and approval as by law provided. and understanding' of all the of nanceNo 'same publication dNovembeon r t 1948. reading this 22nd 4and 8 hereby tionsaccethe as passed the days of and ay vnnn sreadingsed othis nditionplthereof. all terms reel to of Noproved final 29th dted and Executed this 30th day of Nov., ber, 1948. FRANK VAN DUELMAN 1948. SISTERS OF ST. FRANCIS OF COUNTY, IOWA (CEO. R. MURPHY DUBUQUE F. By MOTHER M. IRMINA, O.S F. ALBERT WHARTON President SISTER M. IORETTA, O.S.F. W. W. MOFFATT Councilmen Secretary in The Tele- City Clerk. Attest: J. J. SHEA , in The Tele- Published officially graph-Heraldnewspaper this 2nd day -Herald onewspaiciallyper this 1st day De December, graph of December, 1948. 12 -2 -It jJ. SHEA, 1.2-1-1t J. J. SHEA, City Clerk City Clerk. Councilman Moffatt moved the Councilman Wharton moved the Second- adoption of the ordinance. Second- Car- adoption of the ordinance. Thompson. Car- ed by Councilman Thompson. ed by Councilman by the following vote: ried by the following vote: ried Yeas — M a y o r Van Duelman, "Yeas — M a y o r Van Duelman, Murphy, Councilmen Moffatt, Murphy, Councilmen Moffatt, Thompson, Wharton. Thompson, Wharton. Nays — None. Nays — None. Ordinance No. 22-48• An Ordi- Ordinance No. 23-48• An Ordi- designating intersections at creating and establishing nance East 21st Street and Washington Street and nance „Bradley Street Sewer District", all of the Street, and East 21st intersections, which district embraces drainage area Of Elm Street as stop Of stop lands within the to be construct - providing for the erection for the viola the sewer system declaring that signs and a penalty or, a within the same district are of the terms hereof, said n all lands within said be con - tion passed upon having been p benefited by the sewers nance first reading on November 22nd, file structed therein and subject o 1945 and ordered placed on Special Session. November 29th, 1948 494 special assessments for the pay- across Bradley Street to the north- west corner of lot number 43 of ment of the cost of such sewer Grandview Place; thence continuing ionutalong the 43 and appurtanances thereto and de- in westerly utheelyofdireclot fining all of such lands which are and 62 of Grandview Place to the to be furnished with sewer point of beginning at the southwest subject connections or drainage by said corner of said lot number 62. 2. That there will be con- sewer system to the adjacent prep- Sec. structed within said delimited dis- erty, said ordinance having been trict sanitary sewers, lift station and upon first reading on No- force main as follows: passed vember 22nd, 1243 and ordered reinforced with pianse aind specifics placed on file with the City Clerk accordance tions prepared therefore, said lift sta- for inspection for at least tion to be located a distance of 227 public one week before its final adoption, feet west of in the alley he west ufirst ne of outheof was presented for final adoption. son Street Bradley Street. An eight (8) inch sanitary sewer ORDINANCE NO. 23-4$ estab- in the alley first south of Bradley An Ordinance creating and Dis- Street beginning at said lift station ]fishing "Bradley Street Sewer all and terminating at a Point opposite trict," which district embraces the line between lots numbered 14 of the lands within the drainage area and 15 of Block 9 of Grandview Park; of the sewer system to be constructed also an eight (8) inch sanitary sewer within the same, declaring that all beginning at said lift station and pro- is lands within said district are bene- ceeding northerly across lot number 6 fited by the sewers be constructed of Block 10 of Grandview Park along therein and subject to special assess- a line five feet westerly from and ments for the payment of the cost of such sewer and appurtenances Parallel to the easterly line of said lot to manhole number 4 at the cen- thereto and defining all of such lands ter of Bradley Street; thence westerly which are subject to be furnished drainage along the centerline of Bradley Street with sewer connections or to the ad- to a point opposite the line between by said sewer system lots numbered 18 and 19 of Grandview jacent Property. Be It Ordained by the City Council Place; also an eight (8) inch sanitary sewer from manhole number 4 north - of the City of Dubuque: be and there erly a distance of 16 feet; thence Sec. 1. That there is hereby created and established a easterly in Bradley Street along a line 9 feet south of and parallel to sewer district within the City of Du- district to be known and the northerly line of Bradley Street buctue, said designated as "Bradley Street Sewer to a point opposite the line between lots numbered 22 and 23 of Block 3 District," and all lots, lands and par- situated within of Grandview Park. cels of real estate and bounded as hereinafter defined That a six (6) inch cast Iron force be laid in the following loca- shall he deemed to comprise said are hereby main tion: district and the same found and declared to be benefited Beginning at said lift station and by the sanitary sewers and appur- tenances thereto to be laid and con- proceeding easterly along the alley first south of Bradley Street to a structed within said district, such district being circumscribed by a line Point in Henderson Street 15 feet west of said fn the drawn as follows: thence northerly Street Beginning at the southwest corner to the existing sanitary sewer in of lot number 62 of Grandview Place Grandview Avenue. and running in an easterly direction That an eight (8) inch sanitary sew - overflow line be constructed in the along the southerly line of lots num- er bered 62 to 55 Inclusive of Grand- view Place; thence southerly along following location: Beginning at said lift station and the westerly line of lots numbered 1 to 3 inclusive of Block 16 of Grand- proceeding in a southerly direction across portions of lots numbered 22, view Park; thence easterly along the 23, 24, and 25 of Block 10 of Grand - southerly line of lots numbered 3 c.f view Park, across vacated Perry Block 16 of Grandview Park to the Street and continuing across a por- 10 southeast corner of lot number 18 of tion of lots numbered 8, 9, and Block 8 inclusive of Grandview Park; of Block 11 of Grandview Park, across thence northerly along the easterly the vacated alley between Blocks 11 line of lot number 18 of Block 8 of and 17 of Grandview Park and con - Grandview Park to the northeast tinuing across a portion of Block 17 corner of lot number 17 of Block 8 of Grandview Park to its terminal of Grandview Park; thence westerly Point at a distance of 532 feet from along the northerly line of lots num- said lift station. bered 17 to 14 inclusive of Block 8 See. 3. That the cost of corstruc- of Grandview Park to the northwest tion and installation of said sewer corner of said lot number 14; thence system within said district shall be northerly across Bradley Street and distributed upon the lots, lands and northerly along the line between lots parcels of real estate benefited there - numbered 20 and 21 of Block 3 of by and all property which is subject Grandview Park to the northeast cor- to be furnished with connection to ner of said lot number 21; thence said sewer system or which may be westerly along the northerly line of drained and served thereby shall be lot number 21 of Block 3 of Grand- subject to assessment therefor and view Park to the northwest corner shall be considered as adjacent prop - of lot number 19 of Grandview Place erty. all inclusive; then southerly along the Sec. 4. That any part of the cost westerly line of lot number 19 of of construction of said sewer system Grandview Place to the southwest which cannot be assessed against the corner of said lot number 19; thence lots, lands and parcels of real estate Special Session, November 29th, 1948 495 within .sai(i (li.,trlet may be paid by the City ��f 1 ithuque out of the Con- To solidated bund. Sec. 5. This Ordinance shall be in an force and effect ten clays from and D atter its passage and adoption by the G City Council of the City of Dubuque and pul)llcation is provided by law. Passed upon first reading this 22nd th day of November, 1948. M Passed, adopted and approved upon final reading this 29th day of Novem- to ber, 1948. w FRANK \'AN Ill'R1.\1.\\, t Mayor F. W. '1 HOM PSON GEC. R. MI'I:PHY e ALBERT WHARTON e. W. W. MuFbATT Councilmen b Attest: J. J. SH 1::\, City Clerk e Published officially In The Tele- graph -Herald newspaper this 1st day o of December, 1948• J. J. SHEA, 12-1-1t City Clerk Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. November 29, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Police Department con- tinues to receive complaints about the sale and distribution of objec- tionable "comic books". These com- plaints come from parents, teach- ers and others interested in youth. Submitted herewith is a Re- search Report on Municipal Con- trol of Objectionable Comic Books Issued by the U. S. Conference of Mayors, under date of November 22, 1948. I recommend that the City Coun- cil take steps similar to those a- dopted in other communities in prohibiting, by ordinance, the sale and distribution of objectionable publications in the city. Respectfully submitted, JOSEPH H. STRUB Chief of Police. Councilman Wharton moved that the City Solicitor be instructed to confer with the Chief of Pari oro the purpose of preparing mance for Council Councilman Moffatt. Seconded by vote: Carried by the following Yeas — M a y o r Van Murphy, Councilmen Moffatt, Thompson, Wharton. Nays — None. l4 November 29, 191S the Hunorable Mayor d City Council, ubuque, Iowa entlenlen : At the meeting of November 1'st, e communication of the City anager with reference to the cen- r parkways on Windsor Avenue, as referred to the Council to view he grounds. The Council viewed the premis- s on November 28th. It was de- tded that the traffic situation and us stop at Windsor and Davis Avenues would be improved by liminating approximately one-half f the most northerly parkway on Windsor Avenue lying between Eu- clid and Davis Avenues. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — M a y o r Van Duelamn, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. November 29, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Coun- cil held November 1 the communi- cation of Lyda M. Specht submit- ting an offer of $100.00 for city owned property on the hillside from the Armory property to the Bockes property on the westerly side of Valley Street, was referred to the The Council to view t Council g hav viewed the premises decided not to sell the property. I recommend that the de- cision of the Council be confirmed. Respectfully submitted, A. A. RHO Ci y Manager. Councilman Wharton moved that the recommendation of aPPrCiiity Man- ed• ager Rhomberg be Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — M a Y,1 r Van Duelman, Councilmen harto Moffatt, Murphy, Thompson, Nays — None. 496 Special Session, November 29t1�, 1948 November 29, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of November 1 the petition of Mr. and Mrs. Clar- ence Fenchel and others request- ing an additional street light on Bennett Street midway between Algona and McCormick Streets was referred to the Council to view the grounds. The Council having viewed the site decided not to grant the re- quest but to improve the situation by having the overhead light at the intersection of Bennett and Algona Streets shifted to a more advantageous position. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. November 29, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On November 28th the City Council made an inspection trip of several locations in connection with street lighting. It was decided that street lights be ordered in- stalled at the following locations: At the intersection of Lincoln Ave., and Emerson Street; at the inter- section of Theisen and Jenni Streets; at the intersection of Cherokee Drive and U. S. High- way No. 20 and at the turn -around on the southerly end of Cherokee Drive. The Council further con- cluded to have a survey made of the street lighting needs in the Hill- crest Annexation district. I recommend that the decisions of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 250 - 48. BE IT RESOLVED, by the city Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and ciga- rette papers within said City and the Manager is directed to issue such permit on behalf of s a i d City. NAME AND ADDRESS Ray Jones and Catherine Jones, 2403 Central Avenue. BE IT FURTHER RESOLVED, that the bond filed with the ap- plication be approved. Passed, adopted and approved this 29th day of November, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 251-48 WHEREAS, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: NOW, THEREFORE, Be It Resolved b y t h e Council of the City of Dubuque that the following application be granted and the license is to be issued upon the compliance with Special Session, November 29th, 1948 497 the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Ray Jones and Catherine Jones. 2403 Central Avenue. Passed, adopted and approved this 29th day of November, 1943. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 252-48 WHEREAS, heretofore applica- tion for Class "B" Beer Permit was filed by the within named appli- cants and it has received the ap- proval 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Ray Jones and Catherine Jones, of 2403 Central Avenue. BE IT FURTHER RESOLVED that the bond filed by such ap- plicants be and the same is hereby approved. roved Passed, adopted and app this 29th day of November, 1948 FRANK VAN DUEMayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON� W. W MOFF TT Councilmen Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas — Mayor Van Duelman, C o u n c 11 m e n Moffatt, Murphy, Thompson; Wharton. Nays — None. APPLICATION FOR ANNEX- ATION. To The Honorable Mayor a n d Members of the City Council, of Dubuque, Iowa. Applicants herein are Sisters of St. Francis of Dubuque County, Iowa, an Iowa corporation not for profit, and St. John's Evangelical Lutheran Church of Dubuque, Iowa, a non-profit Iowa corporation, and Mt. Calvary Cemetery Association, an Iowa corporation not for profit. Applicants are the owners of cer- tain real estate .adjoining the City of Dubuque, Iowa, on the north, which real estate and the owners thereof are as follows: Sisters of St. Francis of Dubuque County, Iowa, own: (1) West 20 acres of Lot 2 of Southwest One -Quarter of South- east One -Quarter; (2) South One -Half of East 10 acres of West 30 acres of Lot 2 of Southwest One -Quarter of South- east One -Quarter; (3) Lot 2 of St. Francis Sub- division; (4) Lot 1 of 1 of St. Francis Subdivision; (5) Lot 3 of St. Francis Sub- division: (6) West 330 feet of East One - Half of North One -Quarter of Lot 2 of Southwest One -Quarter of South- east One -Quarter; (7) West One -Half of Northwest One -Quarter of Southwest One - Quarter; (8) West One -Half of East One - Half of Northwest One Quarter of Southeast One -Quarter; (9) Lot 2 of 1 of Bethany Ad- dition; N (10) Lot 2 of 1 of St. Francis Subdivision; (11) Lot 1 of 1 of Bethany Ad- dition; (12) Lot 4 of St. Francis Sub- division; (13) Lot 2 of Lot 1 of Northeast One -Quarter of Southeast One Quarter; 498 Special Session, November 29th, 1948 (14) Lot 1 of Lot 3 of Lot 2 of Southeast One -Quarter of South- east One -Quarter; All in Section 12, Township 89 North, Range 2 East of 5th Prin- cipal Meridian, being in Dubuque Township, Dubuque County, Iowa. St. John's Evangelical Lutheran Church of Dubuque, Iowa, owns: (1) Lot 1 of Southwest One - Quarter of Southeast One -Quarter, Section 12, Township 89 North, Range 2 East of 5th Principal Me- ridian, being in Dubuque Township, Dubuque County, Iowa. Mt. Calvary Cemetery Associa- tion owns: (1) Lot 1, and Lot 4 of Lot 2 of Southeast One -Quarter of South- east One -Quarter, and Lot 2 of Lot 3 of Lot 2 of Southeast One - Quarter of Southeast One -Quarter, all in Section 12, Township 89 North, Range 2 East of 5th Prin- cipal Meridian, being in Dubuque Township, Dubuque County, Iowa. That attached to this applica- tion is a plat of the property own- ed by these applicants and describ- ed above, which plat has been pre- pared by Carl F. Bartels, Dubuque, Iowa. All of the aforesaid real estate adjoins the City of Dubuque and applicants own all of said real estate. The property of Sisters of St. Francis of Dubuque County, Iowa, is used to maintain a Home for the Aged, a girl's high school, con vent and mother house for the Sisters, a public hospital about to be completed and to be known as Xavier Hospital, and other build- ings incidental to the operation of the above institutions. Dubuque, Iowa, to adopt appro- priate resolution so as to annex the aforesaid described real estate to the City of Dubuque so that said property shall thereafter be and become for all purposes a part of the City of Dubuque, Iowa. SISTERS OF ST. FRANCIS OF DUBUQUE COUNTY, IOWA. By Mother M. Irmina Manter- nach, Pres. St. John's Evangelical Lutheran Church of Dubuque, Iowa. By F. W. Hanselmann. R. Loishner. George F. Bock. Mt. Calvary Cemetery Association By Louis C. Kolfenbach. Secretary. Councilman Thompson moved that the Application for Annexa- tion be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. The property of St. John's Evan- gelical Lutheran Church of Du- buque, Iowa, is used exclusively to accomodate a burial ground and cemetery. The property of Mt. Calvary Cemetery Association is used ex- clusively to accomodate a burial ground and cemetery. It is the opinion of the appli- cants that it is to the best in- terests of the City of Dubuque, Iowa, to annex the above described real estate to the City of Dubuque, Iowa. Applicants respectfully petition the City Council of the City of RESOLUTION EXTENDING.... CITY LIMITS NUMBER 253-48. WHEREAS, all the owners of certain property adjoining the City of Dubuque, Iowa to the north have made application in writing to the City Council of the City of Dubuque, Iowa, to which applica- tion was attached a plat of said territory showing the situation thereof with reference to the exist- ing limits of the City of Dubuque, In which application said owners petition the City Council to annex said territory to the City of Du- buque, Iowa, and WHEREAS, it appears from said application that said territory and property is devoted largely to the maintenance and operation of a public hospital, schools and ceme- teries, and WHEREAS, the future growth, development and education a n d preservation of the public health of the City of Dubuque makes it desirable that said territory b e made a part of the City of Du- buque, Iowa, and WHEREAS, it is necessary to provide for the orderly and system- atic growth, development, a n d expansion as now constituted, and WHEREAS, it is in the best interest of the City of Dubuque Special Session, November 29tb, 1948 499 that said territory be annexed to the City of Duwbuque, Iowa. NOW, THEREFORE, BE IT RE. SOLVED, by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended northerly in the vicinity of Davis Avenue by an- nexing to the City of Dubuque, Iowa the following described real estate, to -wit: West 20 acres of Lot 2 of South- west One -Quarter of Southeast One - Quarter; South One -Half of East 10 acres of West 30 acres of Lot 2 of South- west One -Quarter of Southeast One - Quarter; Lot 2 of St. Francis Subdivision. Lot 1 of 1 of St. Francis Sub, division; Lot 3 of St. Francis Subdivision; West 330 feet of East One -Half of North One -Half of Lot 2 of Southwest One -Quarter of South- east One -Quarter; West one -Half of Northwest One - Quarter of Southeast One -Quarter; West One -Half of East One -Half of Northwest One -Quarter of South- east One -Quarter; Lot 2 of 1 of Bethany Addition; Lot 2 of 1 of St. Francis Sub- division; Lot 1 of 1 of Bethany Addition; Lot 4 of St. Francis Subdivision; Lot 2 of Lot 1 of Northeast One -Quarter of Southeast One - Quarter; Lot 1 of Lot 3 of Lot 2 of Southeast One -Quarter of South- east One -Quarter; Lot 1 of Southwest One -Quarter of Southeast One -Quarter; Lot 1, and Lot 4 of Lot 2 of Southeast One -Quarter of South- east One -Quarter, and Lot 2 of Lot 3 of Lot 2 of Southeast One -Quar- ter of Southeast One -Quarter; All in Section 12, Township 89 North, Range 2 East of 5th Prin- cipal Meridian, being in Dubuque Township, Dubuque County, Iowa. FURTHER RESOLVED, that the City Council .in and for the City of Dubuque, Iowa hereby assents to the application of said property owners as filed and such territory as hereinabove described shall hereafter be and become a part o the City of Dubuque, Iowa. FURTHER RESOLVED. that the foregoing described real estate is shown by plat attached hereto and by this reference made a part hereof. FURTHER RESOLVED, that the Clerk of the City of Dubuque, Iowa, shall cause to be recorded a copy of this Resolution, together with said plat attached hereto. Passed, Adopted and Approved this 29th day of November, 1948, FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman., Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. November 29, 1948. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: With reference to the action en- titled Clarence Bowen and Bessie Bowen. Plaintiffs vs. The City of Dubuque, now pending in the Dis- trict Court of Dubuque County, Ia., in which Plaintiffs claim $6,000.00 for damages sustained on or about September 4, 1947, Plaintiffs claim that the sewer main overflowed in- to their home discharging human waste, grease and other sewage including a large quantity of water onto Plaintiffs premises including the first floor and basement there- of, damaging Plaintiffs' premises and their household furniture and fixtures located therein. Plaintiffs further plead that this sewer had overflowed before that time and that notice thereof had been given to the City and that the condition had not been remedied. I am of the opinion that if this action were tried, it would be submitted to the jury and it would be for them to determine whether or not negli- gence existed and the amount of damages. I have had a number of con- t ferences with Plaintiffs' Attorneys and they have agreed to accept $1,500.00 in full settlement of their law suit in regard to this matter. 500 Special Session, November 29th, 1948 I recommend that said action be settled by paying Plaintiffs $1,500. 00 and that a warrant be issued therefore payable to Gilloon, Nel• son and Gilloon, Attorneys for the Plaintiffs and that said warrant be delivered upon delivery to the City of a release properly executed by Plaintiffs and upon dismissal of the action now pending in t h e District Court of Dubuque County, Iowa. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City So- licitor Kintzinger be approved and the City Auditor instructed to draw a waranj.in the amount of $1,500.00 In favor of Gilloon, Nelson and Gilloon, Attorneys for Plaintiffs and that said warrant be delivered upon receipt by the C f t y of Dubuque of a properly executed release and upon dismissal of the action now pending in the District Court of Dubuque County, Iowa. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. November 29, 1948. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Kenneth Lehnhardt for dam- ages caused by reason of coming in contact with poison ivy, claiming that the City was negligent in fail- ing to remove said poison ivy, I find no law that will warrant the payment of any damages as claimed. I therefore recommend that her claim be denied. Yours truly, JOHN J. KINTZINGER City Solicitor, Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. NRYs — Councilman Wharton. ORDINANCE NO. 24 .48. An Ordinance providing for the vacation of part of Helena Place and providing that a Quit Claim Deed be issued to the abutting property owner presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman 'Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. J. J. SHEA. City Clerk. Approved .. .{`,WL 1949 Adopted#. 1 49 i r � .tiu�rl/.aM,..�;�r�vwcvw en: ... ......... .. Attest: ,... .......... .............. City Clerk. Regular Session, December 6th, 1948 Sol City Council (Official.) other types of business, presented and read. Councilman Murphy moved that the communication be referred to the City Solicitor. Sec- onded by Councilman Wharton. Carried by the following vote: Regular Session, December 6th, yeas — Mayor Van Duelman, 1948. Councilmen Moffatt, Murphy, Council met at 7:30 P. M. Thompson, Wharton. Present — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meet- ing of the City Council for the purpose of acting upon such busi- ness as may properly come before the meeting. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Notice of claim of Elmer J. Fried- man in the amount of $200.00 for damages to his car caused when struck by a falling tree limb while his car was parked at or near the northwest corner of the intersec- tion of Thirteenth and Bluff Street presented and read. Councilman Murphy moved that the Notice of Claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of the Tri-State Products Co. advising that they are writing to establish the City he fact of their permanancy Dubuque and that they wish to do business here now and in the nes and distant future Consisting o several types of siding remodel- ing alterations and be give and asking that they information and instructions as t theordinances stay within covering this pan(' must stay Nays — None. Communication of John Savage tendering his resignation as a mem- ber of the City Plumbing Licensing Board, presented and read. Coun- cilman Murphy moved that the resignation be accepted. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Clarence Pregler re- questing a refund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 198, as he has discontinued business on November 29, 1948, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Clarence Pregler to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 198. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas —Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. DUBUQUE, IOWA December 6, 1948 Honorable Mayor, City Council and City Manager City Hall Dubuque, Iowa Of Gentlemen: Farley & Loetscher Manufactur- e ing Company have heretofore pet- itioned your honorable body for minor permission to build and maintain a and bridge certain Jackson under the n to lay o surface of Jackson street, and to y build and maintain a certain rail- road track in Jackson street, all to 502 Regular Session, December 6th, 1948 be used in connection with thi operation of a power plant nov under construction on Jacksoi street between eighth and nintl streets. We enclose herewith in dupli tate two proposed ordinances whicl if adopted by your honorable body will grant the necessary authority for the foregoing. There is alsc enclosed herewith two prints of a plan showing the location of said facilities, etc. Your favorable action on this matter at an early date will be much appreciated. Yours very truly, O'CONNOR, THOMAS & O'CONNOR. By E. Marshall Thomas. Councilman Moffatt moved that the communication be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ORDINANCE NO. 25 - 48. An Ordinance granting to Farley & Loetscher Manufacturing Com- pany, Dubuque, Iowa, its successors and assigns, the right to build and maintain a bridge across Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa, and further granting said Company, its successors and as- signs, the right to build and main- tain a series of sub -surface pipes under the surface of Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa, presented and read. Council- man Thompson moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that the rules be suspended requir- ing an , ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, M u r p h y, Thompson, Wharton. Nays—None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ORDINANCE NO. 26 - 48. An Ordinance granting to Farley & Loetscher Manufacturing Com- pany Dubuque, Iowa, its successors and assigns, the right to construct and maintain a side track from one of the tracks in Jackson Street northerly across the intersection of 8th and Jackson Streets and north- erly in Jackson Street a distance of 102 feet from the northerly property line of 8th Street and providing the terms and condi- tions thereof, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. Councilman Thompson moved that the ordinance be placed on Pile with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, " o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Proof of publication, certified to >y the publishers, of a statement )f receipts and also a list of claims Regular Session, December 6th, 1948 503 for which warrants were drawn dur- ing the month of October, 1948, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ORDINANCE NO. 24 - 48. An Ordinance providing for the vacation of part of Helena Place, and providing that a Quit Claim Deed be issued to the abutting property owner, said ordinance hav- ing been passed upon first reading on November 29th, 1948 and order- ed placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adopticn. dinance in the Office of the County Recorder of Dubuque County, Iowa. Sec. 4. This Ordinance shall be to force and effect from and after As final passage, adoption and approval by the City Council, and publication as provided by law. Passed upon first reading Novem- ber 29th, 1948. Passed, adopted and approved upon final reading this 6th day of Decem- ber, 1948. FRANI{ VAN DUELMAN, Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this Sth day of December, 1948 J. J. SHEA, 12-8-1t City Clerk ORDINANCE NO. 24.48 An Ordinance Providing for the va- cation of part of Helena Place, and providing that a Quit Claim Deed be issued to the abutting property owner. Whereas, Loras College has peti- tioned the City Council for the vaca- tion of Helena Place. And Whereas, said petition has been duly referred to the Planning and ZoningCommission for recom- mendatlon and report. And Whereas, said Planning and Zoning Commission has recommended that part of Helena Place be vacated from a point beginning 100 feet west of the west property line of Hellion Street and extended to the west terminus of Helena Place, providing that adequate entrance to Loras Col- lege grounds shall be maintained at the easterly end of the vacated street. And Whereas, said street is no longer needed for public purposes, and the said Loras College is the owner of all abutting property. Now therefore lie it resolved by the City Council of the City of Dubuque: Sec. 1. That part of Helena Place beginningat a point 100 feet west of the west line of Henion Street and of Helena toding the be and the y thesame is hereby vacated. Sec. 2. Thatin consideration of one dollar, the receipt of which is hereby acknowledged, said vacated hart of Helena place be and the same is hereby gr.utted to T.u"RS Colle."e, Mod the Mayor and Clerk of the City of Dubuque Shall cmn'e . said Premises it ll for \and oil 1,ehalf of�the CityitJ)eed tonid 0 D11 buque, Said deed to provide that an ade,luate entranee to Loras College grounds shall be maintained by be thtttil tri tofthS.ti,leasterly 5lreet therein erminus t alyd. tire. 3. That the Clerk be, and he is hereby directed to record titin or- Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. December 6, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policies and desire to have your approval on same for filing: EXCAVATION Seubert and Fesler, 1603 Central Avenue; Policy No. L1676338, Iowa Mutual Casualty Co. Thos. Flynn Coal Co. 3rd Street Extension; Policy No. MC 135908, Standard Accident Ins. Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. 504 Regular Session, December 6th, 1948 December 6, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The improvement of James St. by widening ten feet on west side from the south curb line of West Third Street to a point 450 feet south with asphalt paving by the K -M Construction Company has been completed according to the plans and specifications. Therefore I recommend its ac- ceptance by the City Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 254.48. WHEREAS, applications f o r Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED, by the Coun- cil of the City of Dubuque that the following applications be grant- ed and the licenses are to be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" PERMIT NAME AND ADDRESS The Page Hotel, 73 - 75 E a s t Fourth Street Frank T. O'Rourke and Mrs. Sarah Waldorf, 37 Eighth Avenue. Frank J. Paar, 1826 Central Ave. Charles T. Snyder and Elsie Sny- der, 543 Eighth Avenue. CLASS "C" PERMIT Leo P. Manahl, 785 Groveland Place. Cruso A. Alba, 2601 Jackson St. Passed, adopted and approved this 6th day of December, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays -- None. RESOLUTION NO. 255-48 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby Airected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS The Page Hotel, 73 - 75 East Fourth Street. Frank T. O'Rourke and Mrs. Sarah Waldorf, 37 Eighth Avenue. Frank J. Paar, 1828 Central Ave. Charles T. Snyder and Elsie Sny- der, 543 Eighth Avenue. CLASS "C" PERMIT Leo P. Manahl, 785 Groveland Place Cruso A. Alba, 2601 Jackson St. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. r— V Regular Session, December 6th, 1948 505 Passed, adopted and approved this 6th day of December, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas — ;Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays—None. J. J. SHEA. City Clerk. Approved. gp�..7.�/1949. Adopted _OG�,L%+1949� ;(,� Special Session, December .14th, 1948 City Council (Official) Special Session, December 14th, 1948. Council met at 7:30 P. M. Present — Mayor Van Duelman, Councilmen Moffatt, Murphy, -Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Murphy. Mayor Van Duelman read the call and stated that service there of had been duly made and that this meeting is called for the pur- pose of conducting a public hearing upon the Notice of Levy of Special Assessment and intention of the City Council to issue bonds for the improvement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street and acting on any other business as may properly come before a regular meeting of the City Council. State of Iowa 1 SS. County of Dubuque f I, Claude McDonald, do hereby certify that on 30 November, 1948, I posted copies of the attached Notice of Levy of Special Assess- ment and Intention of the City Council to Issue Bonds along the line of improvement for the im- provement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street. Signed Claude McDonald. Subscribed and sworn to before me, Geraldine L. Jenni, a Notary Public, this 30th day of November, 1948. by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. GERALDINE L. JENNI Proof of publication, certified to by the publishers, of Notice of Levy of Special Assessment and Inten- tion of the City Council to Issue Bonds for the improvement of Platt Street and Platt Street Ex- tension from the east curb line of James Street to the east curb line of Cardiff Street, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. To the Honorable Mayor, to the City Council, and City Manager, Mr. A. A. Rhomberg: Dear Sirs: In Re -Assessment against prop- erty owners for Platt Street project, before City Council at De- cember 14, 1948, meeting. Since the assessments proposed against us are $68.33 and $51.07, respectfully, in excess of what we understood they would be at the time bid was accepted, which under one method of calculating amounts to approximately a 14 per cent increase, or 4 per cent in excess of the 10 per cent limit, we respectfully set forth our views for your consideration. Briefly, the Resolution of Neces- sity for improvement estimated the cost of project at $11,202.76 and our estimated assessments were $522.56 and $384.55, respectfully, which was the basis upon which public hearing was held. Notary Public in and for The bid of the successful bidder Dubuque County, was $10,598.50, or approximately Iowa. 5.4 per cent under the engineers estimate, which on its surface at Councilman Thompson moved least, would correspondingly re - that the statement be received and duce our assessments by 5.4 per made a matter of record. Seconded cent, making them $494.34 a n d F— W Special Session, December 14th, 1948 507 $363.98, respectfully, instead of the previously mentioned $522.56 and $384.55. We are cognizant of the pro- vision in the contract that there shall be additional payment to the contractor if unforseen difficulties are encountered, and we under- stand that there was an adjust- ment with the contractor under this proviso to the extent of $482.00. However, since the increase pro- posed to be assessed against each of us, to cover a proportionate share of the increase, is fairly substantial, to -wit, $68.33 and $51.- 07—and 51:07—and we are without any pre- vious personal experience in mat- ters of this kind—if it is an entirely proper request, we ask the Council, if it has not already been done, to get an expression of opinion from the City Solicitor on this matter of assessing those unforseen expenses against the abutting owners; and if such in- crease may be legally assessed is it to be on the basis of t h e Engineer's original estimate, or should it be on the basis of what the assessments would figure out as per the contractor's bid price. We realize that if the contractors bid were up to 10 per cent in excess of the engineer's estimate this question would not arise; but where the contractor's bid is less than the engineer's estimate this question has occurred to us. Kindly be assured we have no objection to an assessment being made, but it is only in the matter of the adjustment by way of in- crease upon which we ask for clarification and for your consider- ntinn. Yours very truly, Carl V. Riley Mrs. Regina Duggan. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS. RESOLUTION NO. 256 - 48. Resolved by the City Council of the City of Dubuque, Iowa, that to pay for the improving of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of CardiffSreet, Thos. Flynn Coal Company, contractor, in front of and adjoining the same, a special tax be and is the levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set op- posite each lot or parcel of real estate, as follows: Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and loran report. Seconded by Thompson. Carried by the follow in" vote: Yeas — Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Carl V & Ruth Riley Lot 1, of 1 of 2 of 2 Sub. of M. L. 72 & of 10 M. L. 73 & 2 of 74 ........................ 562.67. Dubuque County, Lot 2, of 1 of 2 of 2 Sub. of M, L. 72 & 1 of 20.:.68 10 M. L. 73 & 2 of 74 ...................................... 109.95 Herbert E. & Kath. Dilworth, Lot 2, of B of 2 of 2 of 2 of Sub of M. L. 72 & 1 of 10 M. L. 73 & 2 of M. L. 74 .............. 251.98 Herbert E & Kath Dilworth, Lot 1, of B of 2 of 2 of 2 Sub. of M. L. 72 & 1 of 1OM.L.73&2 of M. L. 74 .............. 148.07 Voelker Realty Co, Lot A, of 2 of 2 of 2 Sub. of M. L. 72 & 1 of 1 of M. L. 73 &2ofM.L.74..... . 26.38 Mable, Theo & Gert Karegan, Lot 1, of ML. 72 . ................. 20.:.68 Mercy Hospital, Lot 3, of M. L. 72 ......... Mercy Hospital, Lot 4, of M. L. 72 ........• Mercy Hospital, Lot 4A, of M. L. 72, ...... Mercy Hospital, Lot 5, of M. L. 72 .....- 881.95 1,270.70 40.39 1,421.47 508 Special Session, I Mercy Hospital, Lot 1, ofIof6ofM.L. 72 . ............................ 104.67 Mercy Hospital Lot 2, of1of6ofM.L. 72, ... ......................... .86 Mercy Hospital, Lot 1, of2of6ofM.L. 72, .............................. 119.21. Mercy Hospital, Lot 2, of2of6ofM.L. 72, .............................. 3.56 Mercy Hospital, Peabody Street (Vacated) ............. 18.85 Mercy Hospital, Lot 2, of 1 of City Lot 731 . .......................... 188.45 Mercy Hospital, Lot 2, of 10 of M. L. 73 69.13 Mercy Hospital, Lot 1 of Agnes Lang- worthy Sub . ............ 16.69 Mercy Hospital, Lot 2, of Agnes Lang- worthy Sub., .......... 5.39 Mercy Hospital, Augusta Street. (Vacated) .. 1.89 City of Dubuque, City Lot 732 . .................. 3,537.54 St. Clara College, Lot 2, of 1 of City Lot 725, ......................... 261.15. M. B. & Kath. Cody, Lot 11, Sub. of City Lot 724 . .................. 32.89 Alice Bennett, Lot 14, Sub. of City Lot 724,., 71.98. Cletus T. Cox, Lot 15, N. 1-2 Sub. of City Lot 724 . .............. 63.86 Arthur T. Trausch, Lot 15, S. 1/2 Sub. of City Lot 724 .......... 85.95 Regina M. Duggan, Lot 18, Sub. of City Lot 724 . .................. 414.05 St. Clara College, Lot 19, Sub. of City Lot 724, .......................... 891.11. 10,806.47. 1866, Sq. Yds. 6" Rein forced Concrete Pavement with In- tegral Curb, at $4.50 ........................ $8,397.00. )ecember 14th, 1948 2 Ea. Std. Reinforced Concrete Catch Basins at $150.00.. 300.00. 39 Lin. Ft. 15" Reinf Concrete Culvert Pipe at $5.00 ........ 195.00. 400 Lin. Ft. Guard Rail at $2.00 ..... 800.00 1 Ea. Reinf. Con- crete Headwall at $250.00 $250.00 4 Lin. Ft. 21" Reinf. Cone. Culvert Pipe (Labor only) at $3.00 12.00 68 Cu. Yds. Crushed Stone in Place at $3.00 ............................ 204.00 33 Sq. Ft 4" Con- crete Sidewalk at $0.50 ....................... 16.50 70 Lin. Ft. Radius Curb at $4.00 ........ 280.00. $10,45450. Extra Exp. at 2 1-2 per cent ...... 261.36. 6 per cent Int. for 52 Days ............ 90.61. $10,806.47. All of which is assessed in propor tion to the special benefits con- ferred. Passed adopted and approved this 14th day of December, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. It ■ Special Session, December 14th, 1948 jog (Resolution Providing for the Is- suance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 257-48 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improving of Platt Street and Platt Street Ex- tension hereinafter described, has been completed and said improve- ment has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $10,806.47 AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the improving of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street there be is- sued improvement bonds to the a- mount of $10,806.47. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 13th day of Janu- ary, 1949, shall be in denomina- ions of ,500.00, except that there shall be one bond to the amount of $306.47. They shall be numbered from 3991 to 4012 inclusive and shall be divided into ten series, of which the bonds numbered 3991, 3992 and 3993 shall constitute the first series and shall be payable the first day of April, A. D. 1950, the bonds numbered 3993 and 3995 shall constitute the second series and shall be payable the first day of April, A. D. 1951, the bonds numbered 3996 and 3997 shall constitute the third series and shall be payable the first day of April, A. D. 1952, the bonds numbered '3998 and 3999 shall con- stitute the fourth series and shall be payable the first day of April, A. D. 1953, the bonds numbered 4000 and 4001 shall constitute the Y"th series and shall be payable the first day of April, A. D. 1954, the bonds numbered 4002 and 4003 shall constitute the sixth series and shall be payable the first day of April, A. D. 1955, the bonds num- bered 4004 and 4005 shall consti- tute the seventh series and shall be payable tae first day of April, A. D. 1956, the bonds numbered 4006 and 4007 shall constitute the eighth series and shall be payable the first day of April, A. D. 1957, the bonds numbered 4008 and 4009 shall constitute the ninth series and shall be payable the first day of April, A. D. 1958, the bonds num- bered 4010, 4011 and 4012 shall con- stitute the tenth series and shall be payable the first day of April, A. D. 1959. Said bonds shall bear interest at the rate of five per cent. per an- num which interest shall be pay- able semiannually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be substan- tially in the following form: No. .............................. Series No. CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of April, A. D. 194...; or any time before that date at the option of the City, the sum of HUNDRED DOLLARS, with interest thereon at the rate of five per cent. per annum, pay- able on the presentation and sur- render of the interest coupons hereto attached, both interest and principal 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 pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a 510 Special Session, December 14th, 1948 resolution of the City Council of said City, duly passed on the 14th day of December, 1948. This bond is one of a series of 22 bonds, 21 for $500.00 numbered from 3991 to 4011 inclusive, and one for $306.47 numbered 4012, all of like tenor and date, and issued for the pur- pose of improving of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street and described in said resolu- tion; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred Pay- ments at the rate of five per cent, per annum, and this bond is Pay- able only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done prece- dent to and in the issuing of this series of bonds, have been done, happened and performed in regu- lar and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irre- vocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 13th day January, 1949, and has authorized the use of their fac-simile signature to the interest coupons hereto attached. ...................................... Mayor. ......................................... I........ City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ..... day of ............ A D. 19..., the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of Dollars, at the office of the City Treasurer in the City of Dubuque, being . months in - terest due that day on its ............... Bond No........., dated 19.... .............................. Mayor. .............................. City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also regis- ter them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 14th day of Decem- ber, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — M a y o r Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays — None. Special Session,, December- loth, 1948 5 1 1 Notice of Claim of Mrs. R. Fred Erickson in the amount of $94.00 fdr injuries received in a fall on a crosswalk at the intersection of University Avenue and Walnut Street, presented and read. Coun cilman Thompson moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Original Notice of Suit in the District Court of the United States Northern District of Iowa, Eastern Division, of Joseph Ventrella, Sam- uel Ventrella and Angelo D. Ven- trella, copartners, doing business as Mancini & Ventrella & Son, Plaintiffs vs. City of Dubuque a municipal corporation, The K e y City Gas Company, a corporation and Molo Sand and Gravel Com pany a corporation in the amount of $14,787.61, presented and read. Councilman Wharton moved that the Original Notice of Suit be referred to the City Solicitor. Sec- onded by Councilman Mofftat. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Nays—None. City Solicitor Kintzinger address- ed the Council requesting that he be authorized to secure additional legal help in defending the court action filed by Mancini & Ventrella & Son. Councilman Murphy moved that the verbal request of City Solicitor Kintzinger be granted. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of Lyda Specht in regard to the purchasing of n City owned propertylocated Valley Street extending from the property line of the Armory prop- erty to the Bockes property line, presented and read. Councilman Wharton moved that the communi- cation be received and filed. Sec- onded by Councilman Murphy. Car vied by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Communication of the Plumbers and Fitters Local No. 66 submitt ing for consideration the name of Hugh D. Clark to fill the vacancy now existing on the Plumbing Examining Board, presented and read. Councilman Murphy moved that the communication be referr- ed to the City Manager. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Mrs. Alice Haupert requesting that a street light be installed on Brecht's Lane and also requesting that the street be im- proved by placing a layer of crush- ed rock on the street, presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Petition of Eddie and Dorothy Plein requesting permission to build a sanitary sewer in Clinton Street from their property to the present sewer in the alley between Queen Street and Windsor Avenue, presented and read. Councilman Wharton moved that the request 512 Special Session, December 14th, 1948 be granted and the proper pro- ceedings ordered prepared. Second- ed by Councilman Murphy. Carried by the following vote: Year, — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Council Proceedings for the month of April, 1948, presented for approval. Councilman Murphy moved that the Council Proceed ings for the month of April, 1948 be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ORDINANCE NO. 25 - 48. An Ordinance granting to Far- ley & Loetscher Manufacturing Company of Dubuque, Iowa, its successors and assigns, the right to build and maintain a bridge across Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa, and further grant- ing said Company, its successors and assigns, the right to build and maintain a series of sub -surface pipes under the surface of Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa, said ordinance having been passed upon first reading on De- cember 6th, 1948 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 25.48 An Ordinance granting to Farley & Loetscher Manufacturing Company of Dubuque, Iowa, its successo*s and assigns, the right to build and maintain a bridge across Jackson Street at a point between 9th and 9th Streets in the City of Dubuque, Iowa, and further granting said Company, its successors and assigns, the right to build and maintain a series of sub -surface pipes under the surface of Jackson Street at a point between 801 and 9th Streets In the City of Dubuque, Iowa. Be It Ordained by the City Council of the City of Dubuque: Sec. 1. That Farley & L.ietscher Manufacturing Company, a corpora- tion organized under the laws of the State of Iowa, with its principal place of business In the City of Dubuque, Iowa, its successors and assigns, be and are hereby authorized to build and perpetually maintain a steel bridge, 11 feet wide by 9 feet high, according to the plan now on file in the Office of the City Clerk of the City of Dubuque, Iowa, across Jack- son Street between 8th and Jth Streets in the City of Dubuque, Iowa, the middle of said bridge to be at a point approximately 57% feet north- erly of the northerly property line of 8th Street, said bridge to be at the approximate elevation of 72 feet above the surface of Jackson Street. Sec. 2. That Farley & Loetscher Manufacturing Company, a corpora- tion organized under the laws of the State of Iowa, with itsprincipal place of business In Dubuque, Iowa, its successors and assigns, be and are hereby authorized to build and perpetually maintain a series of sub- surface pipes for water, steam, com- pressed air, electrical conduits, etc., according to the plan now on file in the Office of the City Clerk of the City of Dubuque, Iowa, below the sur- face of Jackson Street at a point be- tween 8th and 9th Streets, the mid- dle of said series of pipes to be at a point approximately 45 feet north of the northerly property line of 8th Street. Sec. 3. This Ordinance being deemed urgent and of immediate ne- cessity shall become effective upon its passage, adoption and approval by the City Council, acceptance thereof by the proper officers of Far- ley & Loetscher Manufacturing Com- pany, and publication as provided by law and when the cost and expense of publication of this ordinance shall have been paid by Farley & Loetscher Manufacturing Company. Passed upon first reading Decem- ber 6th, 1948. Passed, adopted and appruved on final reading this 14th day of De- cember, A.D. 1948. FRANK VAN DUELMAN :Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT W HARTON W. W. MOFFATT Members of City Council Attest: J. J. SHEA. City Clerk ACCEPTANCE BY FARLEY & LOETSCHER MANUFACTURING COMPANY Farley & Loetscher Manufacturing Company does hereby accept all the terms, provisions and condirions of the within Ordinance adopted by the City Council of Dubuque, Iowa, en- titled: "An Ordinance granting to Far- ley & Loetscher Manufacturing Company of Dubuque, Iowa, its successors and assigns, the right to build and maintain a bridge across Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa, and further granting said Company, its successors and assigns, the right to build and maintain a series of sub -surface pipes under the sur- face of Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa;" being Ordinance No. 25-48, and that said Farley & Loetscher Manufac- Special Session, December 14tH, 1948 513 During Company docs ilercl;} ; ;rree in comply with all the terms and con- ditions of said Ordinance. FARLEY & LOETSCHER MANU- FACTURING COMPANY By J. M. BURCH, JR., President FRED R. LOETSCHER, Secretary (Corporate Seal) Published officially in The Tele- graph -Herald newspapers this L7tb day of December, 1948. J. J. SHL::;, 12-17-11; City Clerk Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. ORDINANCE NO. 26-48 All Ordinance granting to Farley & Loetscher Manufacturing Com- pany of Dubuque, Iowa, its succes- sors and assigns, the right to con- struct and maintain a side track from one of the tracks in Jackson Street northerly across the inter- section of 8th and Jackson Streets and northerly in Jackson Street a distance of 102 feet from the north- erly property line of 8th Street and providing the terms and con- ditions thereof, said ordinance hav- ing been passed upon first reading on December 6th, 1948 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. the northerly property line of 8th Street in the City of Dubuque, Iowa, in accord with plans now on file in the Office of the City Clerk of the City of Dubuque, Iowa. ORDINANCE NO. 26-48 An Ordinance granting to Farley & Loetscher Manufacturing Company of Dubuque, Iowa, its successors at,d assigns, the right to construct and maintain a side track from one of the tracks in .Jackson Street northerly acros3 the intersection of 8th and Jackson Streets and north- erly in Jackson Street a distance of 102 feet from the northerly prop- erty line of 8th Street and provid- ing the terms and conditions thereof. e It Ordained by the City Council of the City of Dubuque: Sec. 1 That permission be and the same IS hereby granted to FarleY & Loetscher Manufacturing' ConlpanY, a corlawspofathelStat organized of Iowa, with it", principal place of businessin the c City of Dubuque, Iowa, erste and and assigns, to lay down, operate tracks twhich unnwack termilnate�sPor te atthe ,southeaerly byrlextending the er of Stb all(] Jack- ,son tioll northerly across the Interse r,rtb of 8th and Jackson Streets and northerly in Jackson Street 102 feet north of Sec. 2. That in the laying down and the operation of said track, the same shall be so constructed and maintained as to create the least possible obstruction of the ordinary travel and use of the street+ on and over which said track is laid; th.lt cars shall not be allowed stand on the tracksin said streets and that the same shall be kept free for travel at all times except when it may be necessary for cars to be switched across the same or to stand thereon for purposes of loading and unloading. Sec. 3. That said track hereby au- thorized shall be laid to the estab- lished grade of 8th and Jackson Streets and should the grade ./t said streets be changed at any time, the said track shall be so changed as to conform to such changed grade at the expense of Farley & Loetscher Manu- facturing Company, and the company shall have no claim for damages against the City by reason thereof. Sec. 4. That the said Farley & Loetscher Manufacturing Company shall at all times keep the space between the rails of said track and the space to the end of the ties on each side of said track at the Inter- section of 8th and Jackson Streets paved with brick in conformity with the surrounding pavement and shall at all times keep the remainder of said track between the rails of said track and thespace to the end of the ties thereof so graded that auto- mobiles or other vehicles may easily cross over and use all of said space and that when required by the ;ItY Council, said Farley & Loetscher Man- ufacturing Company shall plank be- tween the rails and make suitable approaches as required by the Coun- cil to enable vehicles to easily cross over the same. Sec. 5. That said track shall be so constructed and maintained as not to dam up or obstruct the flow of water in said streets and the said Farley & Loetscher Manufacturing Company shall at its own expense construct said drainage structures as may be necessary to prevent .he damming up or obstruction of flow- age of the water in said streets. Sec. 6. It is further expressly still- ulated and provided that all railroad companies now operating tracks in the City shall be entitled at any time to have their cars transferred over said track, and all intermediate tracks of said company, its successors and assigns, which may he necessary to be used in order to connect with the track hereby authorized upon the payment of such switching charges which may be uniformly applied with- in this City and accepted as reason- able between raiiroad companies op- erating within the City. Sec. M 7. That said 1'i I, In ep,l & 1 1 all sc•her anufacturing at all times support said tr:n•k at the expense "f `=oid I•'nrlcy & Let- scher ManuGu•turinc; C"mp�uiY u� nu�y Ile rerluired in the future bce;.0=e "f 5�4 Special Session, December 14th, 194$ any municipal utility construction in said streets. Sec. 8. This Ordinance being deem- ed urgent and of immediate necessity, shall become effective upon its pass- age, adoption and approval by the City Council and Publication as pro- vided by law and the rights herein granted shall accrue to said Farley & Loetscher Manufacturing Company when this Ordinance has been ac- cepted by said Farley & Loetscher Manufacturing Company, which ac- ceptance shall be endorsed herein, and when the costs and expense 1,f publishing same have been paid by said Farley & Loetscher Manufactur- ing Company, and when the injuries and damage to property abutting upon said streets have been ascertained and compensated for, and record hold- ers of liens and encumbrances there- on have filed with this Council their consent to the construction and oP- eration of such track and waivers and releases of any damages which may lie sustained by them on account of the construction and operation �f the same. Passed upon first reading Decem- ber 6th, 1948. Passed, adopted and approved on final reading this 14th day of De- cember, A.D. 1948. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Members of City Council Attest: J. J. SHEA, City Clerk ACCEPTANCE BY FARLEY & LOETSCHER MANUFACTURING COMPANY Farley & Loetscher Manufacturing Company does hereby accept all the terms, provisions and conditions of the within Ordinance adopted by the City Council of Dubuque, Iowa, entitled: "An Ordinance granting to Far- ley & Loetscher Manufacturing Company of Dubuque, Iowa, its successors and assigns, the right to construct and maintain a side track from one of the tracks in Jackson Street northerly across the Intersection of 8th and Jack- son Streets and northerly in Jack- son Street a distance of 102 feet from the northerly property line of Sth Street and providing the terms and conditions thereof;" being Ordinance No. 26-48, and that said Farley & Loetscher Manufactur- ing Company does hereby agree to comply with all the terms and .-on- ditions of said Ordinance. FARI EY & LOETSCHER MANU- FACTURING COMPANY By J. M. BURCH, JR., President FRED R. LOETSCHER, Secretary (Corporate Seal) Published officially in The Tele- graph -Herald newspaper this 17th day of December, 1948. J. J. SHEA, 12 -17 -it City Cleric ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Wharton moved the adoption of the ordinance. Second- ORDINANCE NO. 27 - 48. An Ordinance prohibiting t h e sale of, gift to, or exhibition to minors under eighteen years of age publications featuring indecent pictures or depicting crimes or deeds of violence, bloodshed or lust, repealing all ordinances in conflict herewith and prescribing a penalty for the violation hereof, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. 7 December, 1945. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: With reference to the claim of The Hawks Incorporated for dam- ages in the amount of $50.00 sus- tained to its airplane on or about October 24th, 1948 when the air- plane was taxiing to a parking Special Session, December 14th, I948 515 spot on the sod and the front wheels of the airplane fell into a ditch causing the damages com plained of, the 1946 Code of Iowa provides as follows: "330.15 Deemed as public use. Any property acquired, owned, controlled, or occupied for the purposes enumerated in this chapter, shall be and is hereby declared to be acquired, owned, controlled, and occupied for a public purpose and as a matter of public need, and the liability of any city or town in connec- tion therewith shall b e n o greater than that imposed upon municipalities in the mainten- ance and operation of public parks." (Title of Chapter 330— Airports) The Supreme Court in the case of Abbott v. Des Moines, 230 Iowa 494, at page 499 has stated as follows: "In defining the liability of a city in the maintenance and operation of a public park, we stated in Smith v. Iowa City, 213 Iowa 391, 394, 239 N. W. 29, 30, as follows: "The construction and mainten- ance of a public park by a municipality has been repeated- ly held in this state to be a purely governmental function. Norman v. City of Chariton, 201 Iowa 279; Mocha v. City of Cedar Rapids, 204 Iowa 51; Hensley v. Inc. Town, 203 Iowa 388; Rowley v. Cedar Rapids, 203 Iowa 1245. "'The rule long established in this state is that a municipality in the exercise of its purely governmental function, is not liable for negligence. Saunders V. City of Fort Madison, 111 Iowa 102; Ford v. Board Part Commissioners, 148 Iowa 1 ........ It is my opinion that there car be no recovery on the claim herein and I recommend that the same b( denied. Yours truly, JOHN J. KINTZINGER City Solicitor 1107 American Trus Bldg. Dubuque, 10 w a Councilman Wharton moved that ;he recommendation of City Solicit - )r Kintzinger be approved. Second - A by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. 8 December, 1948. Tri-State Products Co. 280 1-2 Main Street Dubuque, Iowa Gentlemen: Your letter of November 30, 1948 addressed to the Mayor and City Council of the City of Dubuque in regard to the permanency of your operations in the City of Dubuque has been turned over to me for answer. Any person, firm or corpor- ation has a right to do business in the City of Dubuque as long as they desire, so long as they comply with the ordinances of the City of Dubuque and the statutes of the State of Iowa. Yours truly, JOHN J. KINTZINGER City Solicitor 1107 American Trust Bldg. Bldg. Dubuque, 10 w a. 8 December, 1948. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: Enclosed please find a copy of a letter that I have forwarded to the Tri-State Products Co with reference to the permanency of that company's operations in the City of Dubuque. Yours truly, JOHN J. KINTZINGER City Solicitor 1107 American Trust Bldg. Dubuque, Iowa. Councilman Moffatt moved that the communication of City Solicitor Kintzinger be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. 516 Special Session, December 14th, 1948 December 14, 1948. able to her order for said amount Honorable Mayor and Members of and delivered to her upon delivery the City Council of Dubuque to the City of a release properly executed by Gentlemen: Yours truly, With reference to the claim of JOHN J. KINTZINGER. Edith Groff for damages for person- City Solicitor. al injuries received on October 6th, 1947, that she was walking to her work on the sidewalk on Univer- sity Avenue in front of 1789 Uni- versity Avenue and that she trip- ped over a block of cement on the sidewalk which was raised by tree roots about four inches and fell to the cement sidewalk, at which time she received serious and per- manent injuries, that she sustain- ed loss of time, expenses for med- ical and surgical care and attention, expenses of dentist and nose ex- pert, hospital expenses, and other expenses. That her face struck the sidewalk, and she received injuries to her lips, chin, and upper edge of the root of one of the teeth was chipped off, and infection set in at said place, and in addition thereto, she received a fracture of her nose. That she also received a comminu- ted fracture of her left wrist. That she suffered dizziness and pain on top of her head and forehead for a long time after the injury. That her nose is disfigured and practic- ally closed on one side and is giving her trouble. That she is a music teacher at the University of Dubuque and is now handicapped in the performance of her work. That her back was sprained to such an extent that she is re- quired to wear supports on her back and will so be required for the next two years. That the actual expenses, including the hospital, the various doctors, the loss of time, the medicine and equipment, that she has been required to obtain, and the loss of clothing is somewhere in the neighborhood of about $900.00. Claimant is of the opinion that she should be awarded some sum for pain and suffering. After discussion of this matter with her at different times, she has agreed to accept $1200.00 in full payment of her claim against the City in this case. I recommend that the claim be allowed in the sum of $1200.00 and that a warrant be issued pay - Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $1200.00 in favor of Edith Groff, as settlement in full of her claim, and that said warrant be deliver- ed upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Councilman Murphy moved that the Mr. Fred E. Neyens be re- appointed as a member of the Board of Dock Commissioners for a term of three years, said term expiring November 26th, 1951. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 258 - 48. WHEREAS, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following application be grant- ed and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Robert A Lange, 2616 Windsor Ave. Special Session, December 14th, 1948 517 Passed, adopted and approved this 14th day of December, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. RESOLUTION NO. 259 - 48. WHEREAS, heretofore applica- tion for Class "B" Beer Permit was filed by the within named applicant and it has 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Robert A. Lange, 2616 Windsor Avenue. BE IT FURTHER RESOLVED that the bond filed by such ap- plicant be and the same is hereby approved. Passed, adopted and approved this 14th day of December, 1948. FRANK VAN DUELMAN Mayor. RESOLUTION NO. 260 - 48. BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS May M. Winter, 1398 White Street (Effective 1-1.49) BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved this 14th day of December, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. J. J. SHEA City Berk. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Carried by the following vote: Yeas — Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays — None. Approved l/ Adopted0o 949 Councilmen: I ''..q.AQ.... Attest: ... \ City Clerk. End of book no.78 December 14, 1948