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Y Roll_33 Part 05
102 RegWar Session, March .3, 1952 Notice cif Claim of W. J. Cantilion its the amount of &w.00 for in- .hnws receiied by his wife in a fall ari an icy sidewalk at 793 West Third Street, presented and read. Comwilivan Austin moved that the Notice of Claim be referred to the City Solicitor for recommendation and report. Seconded by Council- man Schueller. Carried by the fol, loaning vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. Notice of Claim of Miss Lydia EiAM in the account of 1;250.00 for iat�teiaa saeaived in a fall while enaaia6 are Se crosswalk at 8th and Main Streets, presented and read Councilman Austin moved that the `notice of Claim be referred to the City Solicitor for recommen- dation sod report. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin. Schueller, Welu. Nays—None. Absent—Councilman Kolb. OHIO CASULTY INSURANCE COMPANY February 7. 1952 Honorable Mayor and City Council of the City of Dubuque. Iowa Re: Bond 538201-10, M. L. Gaber & Company We are pleased to approve the 90 day extension of time you have given M. L. Caber 3s C,'ompany for completion of the work for which above bond is filed. Very truly yours, J. Weir Carson Bond Manager. Councilman Schueller moved that the communication be received and made & matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas.—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—'.Pone. Absent—councilman Kolb, American Surety Company of New York Des Moines, Iowa City Clerk February 15, 1952, Dubuque, Iowa Dear Sir: We are sending you herewith, for filing, Revocation of Power of Attorney No. 29002, now on file in your office, authorizing the ex• ecution of certain bonds and un- dertakings on behalf of this Com. pany when signed by C. H. Sanner as Attorney in Fact. Very truly yours, R. W. Clearman, Manager. Councilman Schueller moved that the communication be received and made a. matter of record and the Revocation of Power of Attor ney placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayer Russo, Councilmen Austin, Schueller, Welu. Nays—None, Absent --Councilman Kolb. Comunication of Miss Ifilda Die- terich stating that she desires a piece of property lying between Lat 33 and Lots 28 and 29 in J. P. Schroeder's Addition. presented and read. Councilman Austin moved that the communication be re- ferred to the Planning and Zoning Commission for recommendation and report. SecondNi by Council- man Welu. Carried by the following vote: Yeas .Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent --Councilman Kolb. Comunication of P. J. Houser, Director, Division of Public Health Engineering, State Department of Health, extending invitation to the City of Dubuque to be represented at a joint conference to be held at Davenport, Iowa, March 7, 1952 on pollution control of the Missis- sippi River, presented and read. Councilman Austin moved that the communication be referred to the City Manager to handle as he sees fit. Seconded by Councilman Sch- ueller. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Schueller. Welu, Nays—None. Absent Councilman Kolb Dubuque, Iowa Feb 14, 1952 To the Honorable Mayor and City Council: Gentlemen: We the undersigned do hereby Petition the Honorable Body of the City of Dubuque to appro%e the con- Regular Session, March 3, 1152 103 struction of curb and gutter and street surfacing on Bradley Street from Randall Street to Ryder Street at the earliest possible date. Loc. -tion of Lots: Grandview Park Addition, Block 4, Wiv Lots 27, 28, 29, 30, 31, 32. Grandview Park Addition, Block 4, Lets 17, 18, 19, 20, 21, 22, 23, i 24, 25, 26. Grandview Park Addition, Block 7FI.0 of Lots 1, 2, 3, 4, all of 5. Petitioners signatures John Lagen Martha Rochl Oscar Solberg councilman Welu moved that the petition be received and made a. matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. Petition of Joseph F. McMahon and Val L. Kies requesting the construction of a sanitary sewer in Apple Street abutting their prop- erty, extending from the present sewer in Rush Street to a point ap- proximately two hundred and five feet north along Apple Street, pre- sented and read. Councilman Austin moved that the petition be received and placers on file and that a plat and schedule be prepared provid- irdg proper waivers are secured from the property owners. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. Petition of Fratik H. Schepple and others requesting that National Street from Muscatine Street to Burlington Street intersection be graded, curbed and surfaced, pre- sented and read. Councilman Schueller moved that a plat and schedule be prepuved covering the request. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nuys—None. Absent—Councilman Kolb. Petition of The Ideal Plumbing and Heating Company requesting permission to excavate in the streets of the City of Dubuque in accordance with Ordinance No. 4551, presented and read. Council- man Austin moved thzt the request be granted. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas --Mayor Russo, Councilmen Austin, Schueller, Wela. Nays—None. Absent—Councilman Kolb. Petition of E. C. Frudden, Chair- man. Naval Reserve Advisory Council. requesting the City Council to provide paving in front of the Naval Reserve Training Center and whatever distance the Council would recommend on either side of the building to provide the river front with un all wea4her pave- ment, presented and read. Council- man Austin moved that the petition be referred to the City Manager for study and recommendation. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. Petition of the Fitzhugh Lee Aux- ilary requesting permission to sell carnations on the last Friday evening and Saturday of April, 1952, presented and read. Councilman Welu movers that the request be granted providing there are no con- flicting dates. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. Petition of Mr. and Mrs. Roger F. Huff ;:-nd others requesting that Burlington Street from National Street to the south end of Burling. Ion Street be surfaced, curbed and guttered, presented and mad. Coun- cilman Schueller moved that a plat I and schedule be prepared covering the request. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. Petition of Lloyd Dieter and i others, property owners, protest- 1tµ Regular Session, March 3, 1452 Ing against the proposed improve- nont of Woodworth Street, consist- ing of curb and gutter and resur- fpcing. presented and read. City Manager Schiltz submitting verbal recommendation that Woodworth Street be deleted from the to he improvist of ed. streets proal Councilman Welu moved that the verbal recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo. Councilmen Austin. Schueller, Welu. Nays—None. Absent --Councilman Kolb. Petition of Mrs. Glenn Ball and others, residents of the West pith Street area West of Montrose Ter- race, requesting the City Council to consider the opening of West 16th Street to continue travel in the 500 and 600 block, presented and read. Councilman Schueller moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. Communication of Loras College stating that they are willing to ded- icate for street purposes a strip of ground fifty (50) feet in width along the westerly edge of Out Lot 472 so aa to connect West 16th and West 17th Streets under certain conditions, presented and read. Councilman Schueller moved that the communication be referred to the Cit; Council to view the grounds. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent --Councilman Kolb. Petition of Joseph I). Leonard re- questing the City Council to extend the sanitary sewer on Cherry Street about 130 feet from the present manhole which is in front of Lot 2211 on Cherry Street in order that his property the Westerly 78 feet of IA)t 189 of Finley's Addition can be served with san- itary sewer connection, presented and read. Councilman Austin moved that the petition be referred to thet'ity Manager to confer with Mr. Lennard. Seconded by Council. man Schueller. Parried by the following vete: Yeas—Mayor Russo, Councilmen Austin, Schueller. Welu. Nays—None. Absent --Councilman Kolb. Petition of Earl J. Bock request- ing the City Council to none the recently acquired property south and southwest of Ifighway 20 to Light Industrial area, presented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Com. minion for their recommendation and report. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays ---None. Absent --Councilman Kolb Petition of Albert A. Trumm, requesting a refund in the amount of $25.00 on the unexpired portion of his Cigarette Permit No. 81, as he has discontinued business on February 4, 1952. presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw & war- rant in the amount of S2S.00 in fa vor of Albert A. Trumm to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No, 81. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent,—('ouncilman Kolb. Petition of William L. Lonergan requesting permission to connect Lot 2, Block 2 on Avalon Street with the sanitary sewer in Avalon Street, presented and real. Coum rilman Austin moved that the pet- ition be received and filed See. onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent--('uuncilman Kolb. Petition of Dubuque Safety C oun- cil requesting that a careful shuiy be made of a hazard that now ex- ists on Dodke Street between Booth itegular Session, March 3, 1952 105 Street and Grandview Avenue re- lative to accidents and traffic tieups on this street, presented and read. Councilman Austin moved that the petition be referred to the City Council to view the grounds. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo. Councilmen Austin. Schueller, Welu. Nays—None. Absent—Councilman Kolb. Petition of Mr. & Mrs. Robert L. Bavmhover and others request- ing the opening of the alley be tween Windsor Avenue and Buena Vista Street and between Strauss and Lawther Streets. presented and read. Councilman Wena moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo. Councilmen Austin, Schueller, Welu. Nays—None, Absent—Councilman Kolb. Petition of Joseph C. Lytle and others, property owners of Grand- view Park Addition from 605 to 649 South Grandview Avenue, re questing the opening of an alley from Rider Street to Bradley Street at the rear of their proper- ties, presented and read. Council- man Austin moved that the pet- ition be referred to the City Coun- cil to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nuys—None. Absent—Councilman Kolb. Petition of Highland Realty Com- pany and others requesting the ex- tension of the sanitary sever on Kane Street above Primrose Street, presented and read. Councilman Welu moved that a plat and sched- ule be prepared covering the re- quest. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, councilmen Austin, Schueller. Welu. Nays—None. Absent- 4..'ouncilman Kolb. Honorable Mayor and hicinhers of the Dubuque City Council Gentlemen The Park Board of the City of Dubuque is desirous of selling a piece of property owned by it and described as Lot 2 of Lot i of Lot 2 in L. 11. Langworthy's Subdi- vision of Out Lots Nos. 676, 677, and Lot not numbered on Official Plat of Dubuque, betweenn Nos. 677 and 678 of Dubuque, Iowa, to Charles LePert. We have ben advised by the City Solicitor's office that the City Coun- cil must adopt a resolution con- senting to such transfer, and we are accordingly enclosing a Res- olution for your adoption in con- nection herewith. We respectfully request that this Resolution be adopted. Respectfully submitted, PARK BOARD OF THE CITY OF DUBUQUE, IOWA. By Art M. Bennett Chairman By Leo J. Clemens Secretary Councilman Austin moved that the petition be received and made matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. RESOLUTION NO. S"2 WHEREAS the Park Board of the City of Dubuque, Iowa has un- animously agreed to sell a piece of Park Property to Charles Le - Pert, of the City of Dubuque, Iowa; and WHEREAS said property is de- scribed as Lot 2 of Lot 1 of Lot 2 in L. H. Langworthy's Subdivision of Out Lots Nos. 676, 677 and Lot not numbered on Official Plat of Dubuque between Nos. 677 and 678 of Dubuque, in the City of Dubu- que, Iowa; and WHEREAS the. Park Board has caused to be prepared, a plat of the premises above described, giv- ing the proper legal description to sa4d property; and WHEREAS said Park Board has determined that said property is no lunger fit for Park purposes; and WHERFAS the Park Board has requested that the City Council ap- prove the plat as prepared by the Park Board, and also approve the 106 Regular Session. March 3, 1952 action taken by the said Park Board in conveying said premises to the said Charles LePert; and WHEREAS the City Council does deem it advisable and in the best interests of the City of Dubuque to approve the plat as prepared by the Pack Board and also approve the action taken by the said Park Board in conveying said premises to the said Charles LePert: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the plat of said above described premises c,, -Aced to have been pre- pared by the Park Board of the City of Dubuque, Iowa be and the same is hereby approved. BE IT FURTHER RESOLVED by the City Council of the City of Dubuque that the proposed con- veyance of Lot 2 of Lot 1 of Lot 2 in L. 11. Langworthy's Sub -division of Out Lots Nos. 676, 677, and Lot not numbered on Official Plat of Dubuque between Nos. 677 and 678 of Dubuque, in the City of Dubuque, Iowa, by the Park Board of the City of Dubuque, Iowa, to Charles LePert, be and the same is hereby approved. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. ItUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk. COuncilmac Welu moved the ad- option of the resolution. Seconded by Councilman Seltueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent --Councilman Kolb. Council Proceedings for the month of October, 1951, presented for approval. Councilman Schuel, ler moved that the Council Pro. ceedings for the month of October, 1351 be approved as printed. Sec. onded by Councilman Austin. Car. ried by the following vote: Yeas—Mayur Russo, Councilmen Austin, Schueller, Welu. Nays—None Absent__c.ouncilman Kolb. 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 January, 1952, presented and read. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—!Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—%one. Absent --Councilman Kolb. Proof of publication, certified to by the publishers, of Resolution No. 92-52, a resolution approving vacs. tion of Plat of Strub's Subdivision in Dubuque County Iowa, and approv- ing the Plat of Strub's Subdivision in Dubuque Township, Dubuque County, Iowa, presented and read. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent ---Councilman Kolb Proof of publication, certified to by the publishers, of (Ordinance No, 352, an Ordinance authorizing the issuance of $167,000 Fire Station Bonds and providing for the levy of taotes to pay the same, pre sented and read. Councilman Aus- tin moved that the pr(x)f of publica- tion be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo. Councilmen Austin, Schueller, Welu. Nays --None. Absent—Councilman Kolb. ORDINANCE NO. 4--52 Ordinance directing the instal- lation of sanitwy toilet facilities and sewer connections on certain described property; providing for the assessment of cost thereof and repealing all ordinances or parts of ordinances in conflict herewith, said ordinance having been passed upon first reading and ordered placed on file with the City Clerk for public insix•ction for at least one week before its final adoption, was presenied for final adoption. ORQINANCi NO. 4-57 Ordinance dirvctinil the installs- qon of sanitar toilet facilities and srwer runnrriii,no un rrrtain do - scribed property, pruvlding for Ohs 11111iiRl Regular Session, March 3, 1952 107 assessment of cost thereof and re- pealing all ordinances or parts of ordinances to conflict herewith. WIIF7RF7AR, on the 5th day of No- vember. 1951, the City Council of the City of Duhutlue acting as the Board of 1len1th ordered sanitary toilet facilities and sewer connections in- stalled on the following described real estate owned b Gladys C. Wunder, Itch. 2514 Elm Street, to wit: Lot 72 of Fast Langworthy Addition, and WIJERF:AS, after notice, said order had not been compiled with; and WHEREAS, the existence of the toilet facilities on said property con- stitutes a nuisance; NttW, T11F.UF;FORE, Iie It Resolved 11y the City Council of Dubuque: Section 1. That the City Manager Is hereby Instructed and ordered to in. stall sanitary toilet facilities and sewer connections on said property and re- move all other toilet facilities thereon. Section 1. That upon the completion of such work, the City Manager shall certify the cost thereof to the City clerk, who In turn shall certify such cost to the County Auditor of fiubuque CDunty, Iowa, who shall assess the same against the above described real estate and shall thereafter be collected with and In the sante manner as gen- eral property taxes in len equal installments with one Installment pay. able in each of the years 1957 to 1981 InrlunI%e. faction 3. Thatall ordinances or resolutions or parts thereof in con. flict herewith are hereby repealed to the extent of such conflict. Section 4. This ordinance shall be In full force and effect from and after Its final lut"�e• adoption ■nd publication as by sw Itruvided. Introduced this 4th day of February, 1962. Rule requiring three separate read. Ings suspended b' three-quarters vote this 4th day of February, 1952. Passed, adopted apprewe this 3rd day of March, 1952. Romolo N. Russo Mayor, Clarence P Wrlu Ruben V. Austin Leo N. Schueller Councilmen. Attest: J.J. Shea City Clerk Published officially in The Telegraph* Herald newspaper this 10th day of March. 1952 J. J. RHEA, It Mar. 10. City Clerk Councilman Austin moved the adoption of the ordinance. Seconded by Councilman Schueller, Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. Ordinance No. 7—S2 An ordinance establishing a single ward for the city of Dubuque and dividing the same into elec- tion precincts, establishing such precincts and defining the bound- aries thereof: and repealing Ordin- ance No. 1511, presented and read. Councilman Austin Moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. Councilman Austin moven that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. ORDINANCE NO. 7-52 An ordinance establishing a single ward for the City of Dubuque and dlvldlrtg the same Into election pre- cincts establishing such precincts and efining the boundaries thereof; and repealing Ordinance No. 159. Be It Ordained by the City Council of the City of Dubuque: Rection 1. That Ordinance No. 159 be and the same is hereby repealed. Rection 2. That all of the terri- tory embraced within the corporate limits of the City of Dubuque shall be confined within a mingle ward, which ward shall be co-extenalve with the, limits of said city. Rection 2. That for the conveni- ence of Its cltisens and to facilitate the casting of ballots at elections, the ward hereby created shall be divided lotto sixteen (if)) precincts, the boundaries of which shall be am not forth In Sections 4 to 19 hereof inclusive. Ruction 4, The boundaries of the First Precinct shell be: First Precinct Commencing at the easterly limits of the city, thence {{iroceedlugg west- erly on the north Ilne of Llnhein's Subdivision lu Laurel street, thence southwesterly on the northwesterly Ione of the Subdivision of Mineral Lot 20 to the southeasterly lot line Of Lot 19 of Rowan's Addition, thence mouthw•eeteriy along amid lot line to a point where the "me is Intersected by the quarter section line of Sec- tion $6, thence westerly to the south of said quarter section line to the center of Section 28, thence westerly along said quarter section line to n point where said sect ton line In- tersects Southern avenue, thence northeaalerly along the westerly aide of Southern avenue to Samuel street, thence northwesterly an the west- vrly side of Samuel street to Levi street, thence northeasterly across Samuel street at Levi street, thence southerly on the east ■Ids of Sam - u.•1 street to Southern avenue, thence northerly on the west side of South- ern avenue to valley street !exclud- ed from this precinct, however, are ntm es of ll rSuluthern tut venue Wa Id�tlSam el previnetvdetscribs of the edl still then a north- westerly 1,uthe southwesterly aide of valley street to Quill" street, thence northerly on the west tilde of Quiun street to Union street, theses north- 108 Regular Session, March 3, 114.52 toriRlsingon hetrret� side th nce westerly streetof Union ing the south aideOf i wester{" r"t the tar+lge street, enuth side of Dodge street to South JIM street_ thenceSouth HUl rintrert ton lto n east side thence Across Grandview avenue. street AveuathwesterlYto r on bee east side of Henderson street to the South- end of on a streline draw" from Hen - westerly nor of Mint to Lotthe 77, nort thencesseouth- erly on the wast line On Lbin game 187, thence southerly line axion ted to the northwest uth- ror- ner of Min flat 136, erly on the west line of Min. teat 113 to the southwest comer of mall the Min I Iae oft, Min. hter127 to the northwest corner of said alit". the west Ilniti thence southerly ii to the quartet' 127 n3linle of tSee- id quarter section line to hens enter of Soot)on 35, thence southerly along the quarter section line from the center of Section 16 to the south limits of the t,ity� thence easterly aWng the south r1relt$ of the CI y north rly oeasterly place o fbe#Innirlg. Rection 6 The boundarl1181 of the Second Precinct $ball be: "cend Precinct Commencing at thepLartrr section corner on the south aide of 8ectlon 36, being the south limits of the city. thence northerly along said quarter section line to the center of 04 -e - tion 36, thence easterly on the quar- ter section line to where It Inler- seets the west line or Min. Lot 121 thence northerly on the east line of Asia W 128, and 128 to the north- westerly corner of Min l.at 127, thence easterly on the north line of Min. Lot 127 to the southwest cor- ner of thin. ]lot 136, theaca north- erly on the east line of Min. Lot 134 to the northwest cursor of lila L+.t 136, thence northerly on a line drawn from the northwest corner of Min Lut lab to the northwest corner of Min. Lot 137, thence northeasterly ua a Ilea drawn from the northwrwt corner of Mtn, loot 137 In the 100111111 line of Henderson street, thence northeasterly on the northwest side of Henderson street to tirandvlew Avenue, thence across Grandview avenue, thence northeasterly on the northwest side of South Hill street to Dodge street, thence rasteriy on the north side of Uodgv street to Hill street, thence northerly on the west nide of Hill street to Lang. worthy Avenue, thence westerly on the south side of L&n4%wthy ave- nue to Booth street, tbonce nowth- erly on the sent aide of I14KAh strwt to West Third street, thonce west. erly on the mouth side of West Third street to College dtreet, th",*. north- westerly tial the southwest oldr of College street to West P'Ifth street, thence west en the Auuth 814141 of West Fifth street to Delhi street, thence westerly along the southerly aide of Delhl street, to Auburn street, thence southerly on the rant side lit Auburn street to UrAce street. thence westerly on the eolith olds Of Grace street to Algona street. thenCo suutherly on tne Ow $t side of Alguns► street to West Third street, thence westerly on the south Alda of Weat Third strait, thence west- eriyy along the south aide of Wast tT1rd street and th., su11th alde of Most Third street pneduced to in. teraret with the section line he- t►arrn sections 26 And 27. TSeNRir. thence south Along said eeclion line to a point one hundred and ninety feet(1911') north of V 8 )lighway No, n. thence northwesterly&ionr� a Ilne parallel to and one hundred and ninety feet (190') north trum the center line of l'H . 8 ighway No. 20 to Its intersection with the west city limits line, thence south to a point two hundred and give feet o206') south of the cer►ter tin, of 17. li Highway Not 20, thencr mmtheaaterly along a lint, parallel to and two hundred and live tart (346') south of the center Ilse of 11. S Highway No. 20 to the west line of lot 1 of !al 2 of tut 1 of k,t 1 of (lcorge Jooklin farm, thence no)uthwesterly along the viral line of said lot 1 of lot 2 of Int 1 of tot 1 for a distance of one hundred and seventy-five feet (176'), thence ac.uth- easterly along a line threw hundred and eighty (310' 1 south of and raI- lel to the center line of 1'. S Filgh- way No, 10 to the east line of Sec- tion 27, T89VH2i:, thence south along said section line to the south city limits, thence rant to thr pe,lnt of l,eginning. Section 6 The boundaries or the Third Precinct shall be Third Precinct Commencing at the easterly limits of the citythence proceeding west- erly ,long ilia north line of ldnhsln's aubdivlslon to Laurel street, thence southwesterly on the northwesterly line of Subdivision of 3d)n. LAK 20 to the southeasterly lot 1160 of Lot I9 of Itc,wan's Addition, thanee south- westerly on the north line of Lot 19 of Rowan's Addition to a point where the same 'nterseets the quarter sec- tion line of Section 36, thence west- erly on said quarter see tion line to the center of See•tlon 34, thence west- erly on said quarter section line to Southern Avenue, thence northeasterly on the easterly side of Southern &ve- nue to Valley street llneluded, how- ever. In this precinct are all resi- dents upon both sides of biouthern nvenu0 and Samuel street within the limits of this precinct), thence across Southern avenue to Valley street. thence northwesterly on the north- ewaterly side of Valley street to Quinn street, thence northerly on the alit side of Quinn street to Union street. thence northerly on the east side of Union street to Rleln street, thence westerly on the north aide of Itising street to D odr. strret. the" westerly on the north side of 11144e street to Hill street, thence northerly un the seat side of fill) street to West Third street, thence easterly on the south side of West Third street to Burch street, thence t►ortherl��r on the east side of Our --h street to Rene- lon Plare thence easterly an the south 4140 of F nelon risco to Want Fourth street, thence easterly on the south side of West Faurlb street to (Vo/► - Ira) Avenue, thence rastorly on the south side of least Fourth street to the eaatorly limits of the city, thence southerly to the place of beginning. Keet)1N► 7. The bxoundArlee of the Fourth Precinct shall be. Fourth Precinct Commencing at the easterly Ilrnits of the city, thence proceeding west- erly on a direct line to Iwet Iruurth street, thence wasted) on ills north side of !Cast Fourth street to t'rnlral Avenue, thence westerly an the nOKk Masa hencewin the nor f Fourth rreterty streettrth Regular Session, March 3, 1952 109 nide of Fenelon Place ^o Burch street thence southerly on the west side of Burch street, to West Third street thence westerly nn the north side of West Third street to Hill street, thence northerly on the rest side of Hill street to West Firth street thence westerly on the north side of West Fifth street to Wilson street. thence northerly on the rust side of Wlleon street to University avenue, thence easterly nn the south side of rniyerxity avenue to i:ighth avenue, thence easterly on the south tilde of Pllghth avenue to Central avenue thence easterly on the south side of Fart Eighth street to the easterly Ilmit■ o the city, thence southerly to the Plae•e of beginning. Section N. The boundr.ries of the Fifth Precinct shall be. Fifth Precinct Cummenring at the Intersection of i.angworthy and Hill stroats, thence proceeding westerly on the northerly side of Langworthy street to Booth street, thence northerly on the easter- ly side of Booth street to West Third street, thence westerly on the north- erly ride of Nest Third street to Col- lege street thence northerly on the easterly side of College street to Nest Fifth street, thence westerly on the norther) aide of West Fifth street to Pelht street, thence northeasterly on the easterly side of Deihl street to lit. Pleasant street, thence north- erly on the easterly side of lit Pleas- ant street to i.orax boulevard, thence easterly on the routheriy tilde of Loram houlrvard to Belmont street, thence southerly on the westerly side of Nel- mont street to Ruse street, thence easterly on the southerly, aide of Rome Otre•et to Center Place, thence south- erly on the wont Orly side of ('enter Place to Vnlyermlty avrteue, thence rasterly on the southerlyy side of Unl- versRy avenue to Wilson street, thence southerly on the westerly side of Wilson street to Wont Fifth street, thence easterly on the southerly side of Wrist Fifth street to Hill tit rest, thence southerly on the westerly tilde of Hill street to the place of begin- ning. egin- nlng. Section 9. The boundaries of the Sixth Precinct shall be. Sixth Precinct (:ommenring on the Section Itnetm between Sections 26 slid 27 T89NR211. at auInt where Wart Third street If pr ceed to amid section line would Intersect the satire, thence {proceeding eaxtorly on the northerly side of West Third stroet, thus produced, to Went Third street, thence easterly on the northerly aide of West Third street In Algona street, thence northerly on the westerly tilde of Algona street to Brace street, thence easterly on the northerly side of Grace street to Au- burn street, thence northerly on the wtimte rly tilde of Auburn street to D Ihl street, thence easterly on the northerly side of Delhi atrot-t to Mt. Pleasant street, thence northerly on the westerlyy tilde of Mt. Pleasant he tto Loram boulevard, thence #artery on the northerly side of 1,oras houle%ard to Alta Vista strwt. thence northerly nn the westerly side of Alta Vista street. to Kirkwood street, thence westerly on the moutherly sldr of Kirkwood street and Kirkwood Partiet tpreNluced to Rosedale avenue, the -tire westerly od the southerly rade of Roo#dale avenue to Adair street, thence tiouthomaterly on a line drawn northwesterly from the Intersection of Rosedale avenue and Adair street to the Intersection of West Locust and Seminary streets, thence north- easterly on the northerly tilde of West Locust street to a pmnt where Ab- I)ott street If produced would Inter. 'Pet Went Locust, thence north- �rly on the westerly side of Abbott ttrert, thus produced, to the alley between Loweil and Seminary streets !hence westerly on the southerly side of said alley produced to the poIW of Intersection between said line and the section line between sections 22 and 2.1 T99NR2F„ thence north along sAd section line to the Intersection of said line with the center line lir Kaufmann avenue, thence westerly slong the center line of Kaufmann avenue to Its Intersection with the renter line of Carter road, thence southwesterly along the center line of Carter road to Its Intersection with the center line of Asbury road, thence southeasterly along the renter line of Asbury road to its Intersec- tinn with the section line between sections 22 and 23 T99?1R2E, thence south along said section line to the Intersection of said line with the center line of Karrick street, thence southeasterly along the center line of Karrick street to the Intersections of the center lines of Karrick, Pop- lar and Finley streets, thence south- easterly along the center line of Fin- ley street to Its intersection with the center line of University avenue, thence southwesterly along the can- ter lire of University avenue to Its intersection with the section line be- tween sections 26 and 27 T99NR2E, thence south to the point of begin- ning. egln- nhtg. Portion 10. The boundaries of the Seventh Precinct shall be. seventh Precinct Crnnmencinx at the easterly limits of the city. HIhence pproceeding west- erly to ast P:IWit street, thence westerly on the north tilde of East Fighth street to Central avenue. thence westerly on the north side of West Eighth avenue to Main street, thence northerly on the east Nide of Main street to I.oras boule- vard, thence easterly on the south aide, of Lorne boulevard to Central nvenue, thence easterly on the south side of East Fourteenth sirret to the estiterly limits of the city. thence southerly to the place of beginning. Section 11 The boundaries of the Fighth Prerincl shall be Eighth Precinct Commencing at the northwest cor- ner of Main street and Eighth ave- nue, thence proceedin�t westerly on the north side of Eighth avenue to ITniverslty avenue thence westerly on the north tilde of University avenue In, Center place, thence northerly on the easterly aide of Center place bto bs Ptose street. thence westerly northerly side of Rose street to Bel- mont street, thence northerly on easterly aide of Belmont mtreet to Twpram boulevard, thence easterly on the southerly side of !.oras bnUle- erly on tMhe la westerly sides ofstMain rely street to the place of beginning. Section 12. The boundaries of the Ninth Precinct shall be' Ninth Precinct Commencing at thee,seerlyding westts of the city. then-,erly on Past Fourteenth street, th:•nee westerly on the northerly ntilde sver�ue;Rp1 t e-neeeew�esterlVourtthry W eet tehetnorth- erly tilde of 1.oram boulevard to Main street. thence northerly on the eamt- tteventernlh f P d&inre-4. street hrnce tcor "eanturly et seven. eentit sunt to iine f Hoebstreet, tht, thence 110 Regular Session, Murch a, 1952 northerly on the easterly ride of Heel) street to Fast Nineteenth street produced to lJoe southerly side thence A easterly roduced and }Amt Nineteenth street p Fast Nineteenth street to the oxst- erlY limits of the city, thence mouth- erly to the place of beginning. nthPrecinct of the T Tenth Precinct c?ommeneing at It point where Semi- nary street Intersects west Locust akter, tWlcu street. thence proceedine the southerly side of �Ootl where AMott a -0QWest if prrdlCl, !t LccVat street, thence northerly on the easterly side xitt street, thus produced, to between Lowell and Seminary streets. y tilde ofnce PaidaileYrlt)eHarold streetH fthence easterly on a line drawn midway between Lowell street and Aeml- nary streets to Main street. thence easterly on a line drawn from Main street to flesh street to Twentieth street produced, thence southerly on the westerly side of lieeb street to West Seventeenth street, thence westerly on the northerly aide West Seventeenth mtreet to Main street, thence southerly an the westerly aide of Main street to Loren boulevard. thence westerly on the northerly aide of Loras boulevard to Alta Vista street, thence northerly on the east- erly side of Alta Vista "treat to Kirkwood street thence westerly on the northerly alae of Kirkwood street and Kirkwood street produced to Rosedale avenue, thence westerly on the wwtherty side of Rosedale avenue to Adair street, thence northwesterly on a line drawn front Adair street to the place of beginning. Se,tlon 11 The boundaries of the IPleventh Precinct shall be: Eleventh Precinct Commencing at a point on the nee lion line between sections 22 and 21 T99NR2E where the alley line between Lowell and Seminary streets If produced on a direct line would Inte:raect said section line, thence procw)ding; easterly an the northerly side of said alley, thus produced, to the westerly end of said allay, thence easterly on the northerly aide of said alley to Harold street, thence Pasterly on a line drawn midway between Lowell and Seminary street" to Mahlstreet, thence emslerly on n line drawn from Main street to Fdeeb street at Twentieth street pro- duced, thence southerly on the east side of Heeb street to Fast Nine- teenth street produced, thence east- erly ;n the north side of East Nino - teenth street to this Chleago Ureat Western itailroad right-of-way, thence northerly on the went side of the Chicago (!rest Western Railroad right-of-way to East Twenty-second street, thence westerly on the mouth side of !Bast Twenty-second street to Central avenue, thence westerly on the southerlyy side of Kaufmann avenue to Valeria street, thence westerly on the southerly side of Valeria street to Lewis street, thence westerly on the westerly side of Lewis street to Wallace street, thence westerly on the westerly aide of Wallace street to Monroe street, thence westerly on the southerly aide of Monroe street and southerly on the easterly side of Monroe street to Kane street, thence westerly on the southerly tilde of Kane street to a point where flay street pro- duced would Intersoct Kane street, thence north six hundred feet (6nw), thence westerly In a direct line parml- lel to and six hundred feet (6o0') north of Fane street pr(xluced to the section line between sections 14 and 16. T69NIUE, thence north along said section line to the S K. cor- ner or the N. R. % of section 16, T89NIVE, thence westerly twenty-six hundred and forty feet 12640') to the center of section No, T89NJUE, thence west six hundred and sixty feet thence mouth twenty-six hun- dred and forty feet (260') to the mouth section line o section 16. T\9NIUK. thence easterly along the suutherly section line of section IS, six hundred and sixty feet(661'1 to the S. W. corner of the U. E. % of sectlon 1d, T119NKSH, thence mouth to the Intersection of the center line of Kaufmann avenue, thence easterly along the center line of Kaufmann avanuo t.) Its Intersection with the section line between section 22 and Y1 T99NK2E, thence southerly along said section line to the point of t,aglnning. !lection lb. The boundaries of the Twelfth Precinct shall be, Twettth Precinct Commencing on Kane street at a point where tiaY street if produced westerly to Bane street would in- tersect the same. thence proceeding easterly on the southerly side of (Ia) street to Bruadway thence masterly on the southerly side of Broadway to Diagonal street, thence sisterly on the southerly side of Diagonal street to Central avenue, thence northerly on the easterly side of Central avenue to East Twenty-sixth street, thence easterly on the south- erly side of Est Twenty-sixth street to Marquette Place, thence southerly on the westerly side of Queen street to Xaml Twenty fourth street, thence westerly' on the northerly olds of hast Twenty-fourth street to Prince street, thence southerly on the west- erly side of Prince street to least Twenty-second street, thence waster- 4�l, Tw+un the northerly side of Fast ntYy-sernnd street to antral ave- nue, t►tsnee westerly (' on the northerlY side of Kaufmann avenue to Valeria :treat thence northwesterly on the easterlly side of Valeria street to Lewin street thence northwesterly on the easterly side of Lewis street to Wal- lace street, thence northwesterly nn the easterly side of Wallace street to Monroe street. thence southerly on the i.ortherly side of Monroe street. to Kane street thence northwesterly on the northerly side of Kane street to this (dace of beginning. Section 16. The touundaries of the Thirteen Prerinct :hall be. Thirteenth Precinct t'ommenchig at a point six hun- dred feet OW') north of Kana street produced on the section line between sertlonti 14 and I6 T89NK2F:. thence proceeding eaaterly an a direct line parallel to slid six hundred font (bun' ) north of (Cane street to apoint six hundred feet (1100') north of a {xint where ane street and the northerly Ilite of t)ay street if extended would intersect, thence south six hundred test 1600') to said point, thence easterly on the northerly tilde of Usir street to Broadway, thence southeasterly on the northeasterly mlde of Hruadwsy to Diagonal street, thence easterly on the northerly aide of Diagonal street to Central avenue, thence northeriv on the westerly side of Control five, nil to Fust Twenty-sixth street. thence nurtheasterly on the northerly Regular Session, March 3, 1952 111 *file of Mast Twenty-sixth street to Marquette Place, thence northerly on the westerly side of Margllrttp place and Marquette Place produced to Mor. ton street, thence northerly on the westerly side of Morton street to Fast Twenty-eighth street, thence norther- ly to the northerly city limits to the west of a line drawn from Morton street midway between pinard and Brunswick street. thence westerly on the rortherly line of the city limits to the westerly limits, which Is a point at the N. R. corner of the S. L. 14 of the N. L. "A of section 15, TenXR.-K, thence west thirteen hun- dred and twenty feet (1350'), thence south thirteen hundred and twenty feet (13201) thence east thirteen hun- dred and twenty feet (1320'), to the section line between sections 14 and 15 at the S. E. corner M the N. F:. % of section 15, TR9NiUK thence south- erly to the point of beginning. Section 17 The boundaries of the Fourteenth Prerinct shall be. Fourteenth Precinct Commen, Ing at the easterly limits of the city, thence proceeding west- erly to Fast Nineteenth street, thence westerly on the northerly side of Fast Nineteenth street to the Chicago Great Western Itallroad right-of-wa thence northerly on the easterly sloe of the Chicago llreat Western Rall - road right-of-way to Avast Twenty- second street, thence northerly on the easterly aide of Avast Twenty- second street to prince stroet, thence northwesterly on the easterly side of Prince street to Fast Twenty-fourth street, thence easterly on the south- erly afde of Fast Twenty-fourth street to Queen street, thence north- erly on the easterly side of(lusen street to Marquette Place, thence westerly on the easterly aide of Mar- quette Place and Marquette Place produced to Morton street, thence northerly on the easterly side of Morton street to Fast Twenty-eighth street, thence northwesterly on a line drawn from Morton street mtd- wa,y between Pinard street and Brune - wick street to the northerly limits of the city thence easterly strongg the northerly limits of the elty and iyavte street to the south % corner of see - tion 12, T119NRSL of 5th P. M.; thence north a distance of 2,659 feet to the center of section 12, thence east a distanes of 1,988.9 feet to the northeast corner of lot 1 of 1 of Beth- any Addition; thence south a distance of 729 feet to the northwest corner of lot 2 of lot 1 of the N. E. 14 of the K R. 'A of section 12; thence east a distance of 654.75 feet to the northeast corner of lot S of lot 1 of the N. E. % of the S. R. 14 of ner- lMn 12; thence south a distance of 1,775.6 tent to the corner of sections 7, 12 13 and tR at the easterly bonn- dary of I,Inwood Cemetery; thence woutherly alone the easterly *file of 1.Inwood t'emetery to Thomas street, thence southwesterly nn the westerh• side cif Thomas street to StaffM•d atreet, thence southeasterly on the southtrly side of Stafford street and Staffnrd street produced to Kant Twentieth street to the easterly ilm- Its of the city, thence southerly to the place of beginning Portion 14 The houndnries of the Fifl,-e oth precinct shall he. Fifteenth Precinct Brglnning st the westrrly boundory line of the rlty, then,--- pro,'redlng westerly to ]bast Twentlrth atreet, thence weateriv on the northerly side of IStest Twentieth street to Staf- ford street produced, thence north- westerly on the northerly side of Staf- ford street produced and Stafford atreet to Thnni" street, thence north- oNy on the easterly side of Thomas street to the easterly boundary line of i'Inwood Cemetery, thence north- erly along the easterly boundary line of Linwood C'ometery to the northerly city limits. thence easterly to the easterly city limits, thence Southerly in the place of beginning. Seetion 19. The houndaries of the Sixteenth Prerinct shnll be. Sixteenth Precinct Commencing at a point one hun- dred and ninety feet (190') north of 11.3. Highway Nn. 20 on the section line between Sections 26 and 27, T89NR2E, thence north along said section line to the section corner be- tween Sections 28 and 27 and 22 and 23, T89NR2E, thence north on the section line between Sections 22 and 23, TP9NR2F. to its tnter"cttnn with the center line of the Asbury Road, thence northwesterly along the center ilnt- of the Asbury road to Its inter. section with the center line of Carter road, thence northerly along the cen- ter line of Carter road to its inter. ro-ctlon with the ,-enter lint, of Kalil - mann avenue, thence northerly along the center line of Carter road exten- sion to its Intersection with the sec. tion line between Sections 15 and 22. Tf19NR2E. which is the southwest corner of the S.F. 14 of Section 15, T99NR2E, thence west along the sec- tion line between sections 15 and 22. TRIINR2E. to a point thirty three feet 133'1 east of the Southwest corner of Section 15. T99NR2F, thence south thirteen hundred and twenty feet 1120'1, thence west thirty three feet (33') to the R, W. corner of the N. W. Ik of the N. W. IA of See - Non 22. TR11NR21., thence south along the west section line of Section n to the S.W. corner of Section 23, TRIINR2E, thence south nine hundred and twenty feet (920') along the west s.-rllon line of Section 27, T49NR213, thence east to the N.L. corner of lot 2 of 1 of I of the weal % of the N N 3t�,, of the N. W. VA of Sec- tion 27, T39NR2N, thence south to the N W. corner of Lot 5 of the east of the N.W. % of the N.W. 1( of Rec- tion 27. TR9NRlF., thence east to the we"t line of M. 219, thence north to the N.W corner of M.L. 24R. thence south- easterly along the north line of M.L. ?AR to the N.W. corner of lot 2 of 2 of Bronson Farm addition to the City of Dubuque, thence southeasterly along the north line of %aid lot 2 of 2 to the Pooth line of IlldgewaY nve- nne In Lenox Addition, thence snuthee+teriv along the southerly line of Lenox Addition to the west line of Ilelhl road. thence south to a point nee hundredand ninety (190') feet north of the center line of V.S. High- way No. 20. thence southeasterly along a line parallel to and one hundred and ninety fent (190') north of the center line of 11,5. Highway No. 20 to the point of beginning. 9eclfon 20 That where ever streets and alleys are referred to in this ordinance, the center lines thereof *hall he the boundary line of the precincts. Certion 21. The variola election pre- rhtcts herohv established shall be pub- Ilshed In the official newspapers of the City of Dubuoue once a week for three 13) consecutive weeks. the last publication to be at lead thirty (301 days Sectionr22. henext Ordinance) hall be 112 Regular Session, March 3, 1952 In tint 1lasde WS allow from and a adoption and b>tsaid fty of lurch, 1aute tg on three as t>d by unanimous K Iapproved 1932. aM appr»red this RUMarch, of LOtINl. RUSSO. Me or. LAR N6Ai18TI Liz. I,F0 N. BCHUF.I.L1*R, Cnunc4men. Attest ]. J. SHEA City Clerk, Published offlctally in The Telegraph. Herald newspaper this lith day of March, 1952. ]. J. SNFA. City Clerk. Councilman Austin moved the adoption of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller. Welu. Nays --None. Absent --Councilman Kolb. ORDINANCE NO. 11-52 An Ordinance Amending Ordin- ance No. 33-49 by repealing Section A of Schedule III thereof and en- acting a substitute therefor, pre- sented and read. Councilman Aus- tin moved that the reading just had be considered the first read- ing of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent. -Councilman Kolb. Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. ORDINANCE NO. 6-52 An Ordinance Amending r ordinance No. 3349 by repealing f3eetlon A of Schedule III thereof and enacting a substitute therefor. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP DUBU QUE: Section 1. That Section A of Sched- ule III of ordinance No. 93-49 be and the same Is hereby repealed and the following enacted an a substitute therefor: "sCHEOULE Ili A. Eastbound and westbound vehicles must slop before enterirng Washington Street at Past 29th Street, Elm Street at Fast 29th street; Washington Street at Fast 16th Street." Section 2 This ordinance shall he In full force and effect from and after Its final passage, adoption and publi. cation a+ by flaw provided Introduced the 3rd day of March. 1952 ltule requiring reading on three sepa- rate days suspended by unanimous vote the 3rd day of March, 1952 Passed, adopted and approved this 3rd day of March. 1952. Romolo N. Russo Mayor Clarence t'. Welu Ruben V. Austin Leo N, Schueller Councilmen Attest, JJ Shea City C:elk. Published officially in the Telegraph - Herald newspaper th1% 10th day of March. 1952. J.J. Shea Vity Clerk, It, Mar 10 Councilman Austin moved the adoption of the ordinance. Sec- onded by Councilman Welu. Car- ried by the following vote Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent --Councilman Kolb. February 28, 1952 To the honorable Mayor and City Council Dubuque, Iowa. Gentlemen: Your Planning & Zoning Com- mission respectively recommends denial of the petition of Mrs. Chas. Reckord et. al requesting rezon• ing of Glen Oak Street between University Avenue and IA)ras Boul- evard to Two Family Classification. An opposing petition forwarded di• rectly to the Planning & Zoning Commission indicates that the ma- jority of affected property owners are not in favor of the change. Respectively submitted, Dubuque Planning & Zoning Com- mission By Richard V. McKay, Secretary Councilman Welu moved that the recommendation of the Planning and laming Commission be ap proved. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu Nays --None. Ahbent-4'uuncilman Kolb. To the Honorable and City Council Dubuque, Iowa Gentlemen: As it result of February 28, 1952 Mayor comprehensive P'l Regular Session, March 3, 1952 113 study of the newly annexed area, the Planning and Zoning Commis- sion wishes to recommend the zoning of the area as follows: LOCAL BUSINESS DISTRICTS CLASSIFICATION Commencing at a point on the northwest corner of the intersec- tion of Carter Road and Asbury Road northerly one hundred feet along the westerly edge of Carter Road, thence westerly five hundred and eighty-three feet (583') on a line parallel to and one hundred feet (100') northerly of the Asbury Road, thence southerly one hun- dred feet (100') to the northerly edge of Asbury Road, thence east- erly five hundred and eighty-three feet (583') along the northerly line of the Asbury Road to the point of beginning. Commencing at the northeasterly corner of Lot 2 of 1 of 1 of 1 of 1 of Lot 152 Finley, Waples and Bur- tons Addition, thence southwesterly along the southeasterly side of the Delhi Road a distance of three hundred and fifty feet (350'), thence southeasterly at a right angle to the Delhi Road a distance of one hundred feet (100'), thence three hundred and fifty feet (350') north- easterly on a line parallel with Delhi Road to the easterly lot line Of lot 2 of 1 of 1 of tut 152 Finley, Waples and Burtons Add., thence northwesterly one hundred feet (100') to the place of beginning. On the northerly side of the Del- hi Road westerly from the inter- section of Lenox Avenue and Delhi Road an area composed of Lots two to nine inclusive and lots forty seven to fifty inclusive all in Len- ox Addition. BUSINESS DISTRICT CLASSIFF CATION Commencing at the westerly city limits line and the center line of U. S. Highway No. 20, thence south to a point two hundred and five feet (205') south of the center line of U. S. Highway No. 20, thence southeasterly along a line parallel to and two hundred and five. feet (205') south of the center line of U. S. Highway No. 20 to the west - line of Lot I of 2 of 1 of 1 of George Jecklin Farm, thence southwest- erly along the west line of said Lot 1 of 2 of 1 of 1 of George Jecklin Farm for a distance one hundred and seventy five feet (175'), thence southeasterly along a line three hundred and eighty feet (380') south of and parallel to the center line of U. S. Highway No. 20 for a distance of three hundred feet (300'), thence northerly along the easterly line of Lot 1 of 2 of 1 of 1 of George Jecklin Farm to the Northeast corner of said lot, thence easterly two hundred and five feet (205') south of and parallel to U. S. Highway No. 20 to the east line of Section 27, T 89 N. R2E, thence north along said Section line to the center line of U. S, Highway No. 20, thence northerly along said Section line a distance of two hundred and sixty feet (260'), thence westerly along a line two hundred and sixty feet (260') north of and parallel to U. S. Highway No. 20 to the westerly City Limits line, thence south along the west- erly City Limits line two hundred and ninety feet (290') to the center line of U. S. Highway No. 20 the point of beginning. SINGLE FAMILY RESIDENCE DISTRICT CLASSIFICATION All of the newly annexed area be single family residence district except the parcels described above and titled as Local Business Dis- tricts. Respectfully submitted, Dubuque Planning & Zoning Com- mission. By R. V. McKay, Secretary. Councilman Welu moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. RESOLUTION NO. S7-52 RESOLUTION Setting Time and Place of Hearing on Amendment to Zoning Ordinance Whereas the Planning and Zon- ing Commission has submitted its report recommending the Amend- ment to the 'Zoning Map to provide for the Zoning of the area newly annexed to the City by Decree of the District Court dated February 7, 1952; and Whereas before any amendment to said Zoning Map or Zoning Ord. 114 Regular Session, March 3, 1952 — inance may be adopted a public hearing must be had thereon: NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a public hearing be had on said proposed Zoning of said area and said report on the 7th day of April, 1952 at 7:30 o'clock P. M. in the City Coun- cil Chamber in the City Hall in the City of Dubuque, Iowa, at which time and place all interested part- ies and citizens may be heard; Section 2. That the City Clerk is hereby directed to publish not- ice of said meeting once in the manner provided by law at least fifteen days prior to the date set for said meeting. Adopted this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P, WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J..1. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. February 28, 1952 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of. Marie Lucas has been referred to this office for recommendation and re- port. Investigation discloses that Mrs. Lucas slipped and fell on an ley crosswalk at Eighth and Main Streets on December 15, 1951, dis. locating a vertebra. She has incurred medical ex. pense of $100 and for a period of five weeks was unable to resume her employment at the Dubuque Packing Company, where she was making approximately $80 a week. Mrs. Lucas has agreed to accept $175.00 in full settlement of her claim and I recommend that this settlement be approved and the Auditor be instructed to issue a warrant in favor of Marie Lucas in the amount of $175 and deliver the same to her upon receipt of her properly executed release. Sincerely, T. H. NELSON. Councilman Austin moved that the recommendation of City Solici. tor Nelson be approved and that the City Auditor be instructed to draw a warrant in the amount of $175.00 in favor of Marie Lucas. 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. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu, Nays—None. .Absent—Councilman Kolb. February 18, 1952 lion. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Mrs. Roscoe Keppler for the injuries re- ceived December 22, 1.951, has been referred to this office for recom- mendation and report. From investigation it appears that Mrs. Keppler fell on a patch of snow and ice on the north side of Sixth Street between Main and Locust and fractured her left wrist. She incurred medical expenses of $87.50 and was out of work for five weeks. She has agreed to ac- cept $187.50 in full settlement of all her claim and I recommend that this settlement be approved and the Auditor instructed to draw a warrant in favor of Mrs. Roscoe Keppler and deliver the same to her upon receipt of her properly executed release. Respectfully, T. It. NELSON Councilman Schueller moved that the recommendation of City Solicitor Nelson be approved and that the City Auditor be instructed to draw a warrant in the amount of $187.50 in favor of Mrs Roscoe Keppler, as settlement to full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeah Mayor Russo, Councilmen Regular Session, March 3, 1952 115 Austin, Schueller, Welu. Nays—None. Absent --Councilman Kolb March 3, 1952 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: On ,January 30, 1952, the claim of Wesley W. Heitzman, for damages in the sum of $74.94, for extending his water line from the original watermain in Marion Street to the new aatermain, was filed with the City Clerk and sub- sequently referred to this office for investigation and report. After due investigation, it is the recommendation of this office that the claim be paid and that the Auditor be instructed to draw a wan -ant in favor of Wesley W. Heitzman in the sum of $74.94, to be paid to him upon receipt of a properly executed release. Respectfully submitted, It. M. CZIZFK Assistant City Solicitor Councilman Schueller moved that the recommandation of As- sistant City Solicitor Czizek be ap- proved and the City Auditor in- structed to draw a warrant in the amount of $74.94, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a prop- erly executed release. Seconded by Councilman Austin. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Schueller, Welu. Nays --,,None. Absent—Councilman Kolb. March 3, 1952 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen. On February 4, 1952 the claim of James T. Arenz for damages to his automobile in the sum of Twelve ($12.00) Dollars was filed iu the office of the City Clerk and mbsequently referred to this office for investigation and report. After due investigation, it is be- lieved that there existed no negli- gence upon the part of the City of Dubuque which contributed in any fashion to the damage claimed and therefore respectfully recom- mend that the claim be denied. Respectfully submitted, R. M. CLIZE:K Assistant City Solicitor Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. February 18, 1952 To the Honorable Mayor and City Council, Dubuque. Iowa. Gentlemen: I herewith submit re- ports of the City Auditor, City Treasurer, City Health Department and City Water Works .for the month of January 1952; also list of claims and list of payrolls for which warrants were issued for the month of January. 1952. Respectfbull submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the reports be. received and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas ---Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. March 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following; bonds and desire to have your ap. proval on same for filing: EXCAVATION Dubuque Plumbing & Heating Co. 1395 Washington Street, Bond No. 28210.12-108.48 U. S. Fidelity and Guaranty Co. Key City Gas Company 689 Main Street, Bond No. 735673 The Fidel- ity and Casualty Co. Ideal Plumbing and Heating Co. 527 Central Avenue, Hawkeye Se- curity Ins. Co. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the bonds be approved and placed on file. Seconded by Councilman schueller, Carried by the follow- ing vote: Yeas -- Mayor Russo, Councilmen Austin, Schueller, Welu. 116 Regular session. March 3. 1952 — N:..ys—None. Absent—Councilman Kolb. February 14, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. (",entlemen: The petition of the Independent School District of Du- buque requesting that the City Council provide fire protection for the new Irving School was referred to the City Manager, City Solicitor and Fire Chief for investigation and report. On February T, 1952 Judge John G. Chalmers signed a Judgment and Decree ordering the annexation of property on which the new Irv- ing School its located. They are now being furnished the proper fire protection as they are within the limits of the City of Dubuque. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the communication of City Manager Schiltz be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Russ, Councilmen Austin, Schueller, Welu. 'days --None. Absent --Councilman Kolb. February 28, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The annexation of the new area to the City brings several duplications of present street names. Therefore in order to relieve this situation before the registration and assigning of street numbers the attached Or- dinance is presented. Included are several street name changes in the Old City Limits. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the communicatiun of ('fly Mana- ger Schiltz be received and made a platter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Russo, Councilmen AuAin. Sciluailer, Welu. Nays ---None. Absent ---Councilman Kolb. ORDINANC5 NO. 9.-52 An Ordinanee changing the names of Stree4a and Avenues with- in the City of Dubuque, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Schueller, Welu. Nays,- -None. Absent—Councilman Kolb. councilman Welu moved that the rules be suspended requiring an ordinaene to be read on three sep- erate days. Sm-)nded by Council- man Austin. Carried by the fol- lowing vote: Yeas --Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent --Councilman Kolb. ORDINANCE NO. *•52 An Ordinance changing the names of Streets and Avenues wililin the CRY of Dubuque Be It Ordalned by the City Council of the City of Dubuque: Heellon 1. That the f mowlnx c•hanaes to the names of Streets and AwRYM within the City of Dubuque be and the same are hereby changed. the changes to become effective from and after the passage and publication of this Ordi. nance as required by law The names of Streets and Avenues shall be chang- ed to read as follows. Austin Street from Couper Street to Maiden lane *hall be called Raymond Place, Fremont Avenue from Grandview Avenue to Lombard Street shall be calla% Dodge Street, U. S, NLtbwxy No. 20 from Lombard Street to the new city limits $tall be called Dodge Street, Delhi Street from the old city limits I* the new city limits shall be called University Avenue, Hales MW Road from the Intersection of Asbury Street and Rosedale Avenue to the new City Limits shall be called Asbury Street, Carter Road from the present City Ldntits al Knufmann Avenusa wast to the weat 11 11" of Lewis tiulwllvlsloo *hall I.e called Kaufmann Avonue Austin Avenue In Lenox Addition shall be called Nebraska Avenue, Prescott Avenue in Lenox Addition shall be called Missouri Avenue. Emerson Avenue In Lenox Addition shall ire. called Wisconsin Avenue, low& Avenue In Lenox Addition shall be called 11hn. A%vnun Wilson Street In Wilson Dubuque Ad- dition shall be called Montana Street. and Aealgnatingg the unnamed street at the old city ts line from Careen Street to Fairview Drive as Bunker Hill Street. Section 2. `Chat upon final passage Ktcopy thera'f ahnll be certlflecl and Ube e fount Recorder and Auditor of Dubuque County. ows, and 1» entered of recunl It' the Recorder's office In accordance will' the law. Section 3. This Ordinance shall be in force and effect from and after Its fin - also by the city (,00ncll and pub Ilcatk►n tsa provided by low. Regular Session, March 3. 1952 117 Passed upon first reading this 3rd day of March, 1952. Passed, adopted and approved upon final reading this 3rd day of March, 1952. ROMOLO N. RUSSO. Mayor CLARENCE P. WF.LU, RUBEN V. AUSTIN LEO N, SCHUELLEh Councilmen Attest: J. J. SHEA, City Clevk Published officially in The Telegraph - Herald newspaper this 10th day of Mary h, 1952 J. J. SHEA, It Mar. 10 City Clerk Councilman Weln moved the adoption of the ordinance. Second- ed by Councilman Austin. Carried by the: following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. February 23, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: During the last five year period, car registrations in Dubuque have increased approxi- mately BW'c. Along with this in- I crease in registrations, traffic has increased in somewhat the same proportion. The largest percentage of traffic moving on the streets in the city of Dubuque follows North and South direction, and in this downtown arca we have Bluff Street, Locust Street, Main Street, Iowa Street and Central Avenue that carry most of the traffic. With the parkins of cars on each side of the street, there is room for only one lane of traffic in each direction. With the increase in the traffic during rush hours, the turn- ing movement slows up traffic mov- ing in both directions and some- times blocks adjoining intersec- tions. If traffic in a North-South direc- tion was one-way and with it being; Properly laned at each intersection, the congestion caused by turning movements of cars would be elim- inated. It would also give the vehicles an oDporlunily to "love through the interesection at a con- tinuous flow, increasing the move- ment of vehicles passing through the intersection. Also if one-way traffic were per- mitted and parking allowed on both sides of the street, it will be much eaeier for vehicles to get into it parking space rather than con- tinually driving around and always finding one on the opposite side of the street from which they are driving. The streets in the city of Du- buque are narrow and could not be. widened without great expense to handle the increased traffic load that they are now handling and which will continue to increase each year. 'rhe most practical solu- tion to this problem would be the adoption of a one-way Street pat- tern in a North and South direc- tion. I would like to make the follow- ing recommendations for your con- sideration: (1) That Bluff Street be one-way South bound from Eighth Street to Dodge Street; (2) That Locust Street be one way North bound from Fourth Street to Loras Blvd.; (3) That Main Street be one-way Southbound from Loras Blvd. to Fourth Street; (4) That Iowa Street be one way Northbound from Fourth Street to Loras Blvd.; (5) That traffic lights be in- stalled at the intersection of Eighth and Bluff and Eighth and Iowa Streets; t6) That parking be eliminated on Eighth Street between the hours of 4 and 5:30 P.M. I believe that the above recom. mendations will greatly help to solve our congested traffic prob- lem and will help to speed the flow of traffic in this area. If that Council is favorable to these recommendations, I would recommend that they not be placed in operation until the traffic lights are in place and all street signs changed and parking meters locat- ed. Respectfully submitted, 1.. J. SCHILT'/., City Manager Councilman Welu moved that the communication of City Manager Schiltz be referred back to the City Manager for further study and re- port. Seconded by Councilman Aus- tin. Carried by the following vote: ti'eas--Mayor Russo, Councilmen Austin, Schueller, Welu. Nays ----None. Absent—Councilman Kolb. 118 Regular Session_ March 3, 1952 February 22, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council re- ferred to the City Manager and City Solicitor the petition of George Flanders and others for an appropriation of city money to de- fray the expenses of the annual Memorial Day celebration held by local veterans' organizations. I have attached the opinion of the City Solicitor relative to muni - c i p a l corporations expending money for this purpose. The only authorization for this type of ex- penditure is in Chapter 159, Section 10, of the Acts of the 54th General Assembly. This Section authorizes the city to make a levy in the muni- cipal enterprises fund for the adornment of any cemetery used for burial purposes by the people of the city. It is the opinion of the City So- licitor that the City may expend funds not otherwise appropriated in the Municipal Enterprises Fund for this purpose. Under the present appropriation for the Municipal Enterprises Fund, there is no provision made for this type of an expenditure. I would recommend that in preparing for the fiscal year 1953, provision be made for this expenditure. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas ---Mayor Russo, Councilmen Austin, Schueller, Welu. Nays --None. Absent—Councilman Kolb. February 16, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The term of I..ouis J. Lagen on the Civil Service Com- mission expires March 31, 1952 and that of Louis Stoffregen on the Hoard of Zoning Adjustment ex- pires March 5, 1952. APWintments should be made to fill these vacancies as soon as pos• bible because of the urgency of having a full membership on both of these Boards. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that Mr. I ouis J. taken be reappointed as a member of the Civil Service Commission for a term of six years, said term expiring March 31, 19513, also that Mr. Louis Stoffregen be reappointed as a member of the Board of Adjustment for a term of five years, said term expiring March 5, 1957. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin. Schueller, Welu, Nays—None. Absent—Councilman Kolb. February 23, 1952. To the Honorable Mayor and City Council, Dubuque. Iowa. Gentlemen: The petition of Jackson School Parent -Teachers Association was referred to the City Manager and Traffic Depart- ment for investigation and report. Along with the investigation of this school crossing signal, we have investigated the conditions at all other schools which at the pre- sent time do not have signals or have not as yet been authorized. The following recommendations are made for your consideration: That school crossing lights he installed for Jackson School at Kirkwoml and West lAcust Streets, For the Lincoln School at Neva- da and University, For Nativity School at Alpine and University, and For St. Mary's School at 15th and Jackson Streets. Respectively submitted, I.- J. SCHILTZ. Pity Manager. Councilman Schueller moved that the recommendations of City Manager Schiltz be approved. Sec• onded by Councilman Austin. Car- ried by the following vote: Yeas Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent --Councilman Kulb. February 22, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: There have been a Regular Session, March 3, 1952 119 number of complaints regarding the operation of trucks through the city and that they are using streets other than the regularly marked highway route. If trucks continually use streets that are not adequately construct- ed for this type of traffic, the streets will soon deteriorate and have to be rebuilt. In order that this condition can be corrected. I would recommend that an ordinance be prepared to provide that motor carriers shall follow the marked highways through the city, and if they are not proceeding through the city, to follow the marked highways to the intersection closest to their destination. After such an ordi• nance is approved by the city coun. cil, suitable signs would be erected to direct the motor carriers to fol. low these routes. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Second. ed by Councilman Schueller. Car- ried by the following vote: Yeas Mayor Russo, Councilmen Austin, Schueller, Welu. Nays None. Absent-- Councilman Kolb. February 22, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of John P. Winter and others re- questing the installation of a street light on Lindberg Terrace was referred to the City Manager and Electrical Inspector for recom- mendation and report. In view of the fact that this area has been built up, I recom- mend that the street light be placed at approximately 35 Lind- berg Terrace. Respectfully submitted, 1.. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz Ix- approved. Sec- onded by Councilman Schueller. Carried by the following Vote: Yeas Mayor Russo, Councilmen Austin, Schueller, Welu. Nays None. Absent -Councilman Kolb. March 3. 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Several months ago the City gave permission to the Interstate Power Company to con- struct a transmission line on the north side of the city property on which the disposal plant is to be erected. There has been no easement granting this permission and I recommend that the proper ease- ment be filed by the Mayor and City Clerk. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz he approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Schueller, Welu. Nays --None. Absent --Councilman Kolb. RESOLUTION NO. 58—S2. Resolution Granting an Easement for Transmission Line to the In- terstate Power Company. Whereas, the Interstate Power Company has requested an ease- ment to construct a transmission line on city owned property: and Whereas, the City Council has heretofore approved the construc- tion of said transmission line: Now, therefore, he it resolved: That the Mayor is hereby au- thorized to execute an easement in the name of the City of Du- bunue granting to interstate Pow- er Company the right to construct, maintain and remove lines on the following described property: Commencing at a point 5 feet south and 129.013 feet cast of the northwest corner of Section Thir- ty -Ane (31), Township Eighty -Nine 1(89) North, Range Three (3) Fast; thence west approximately 199.28 feet: thence north 86" 57' west ap- I proximately 220.6 feet to a point of intersection with the southeast boundary of Block Thirty -One (31) of Dubuque harbor Company's Addition in the City of Dubuque, lows; That the City Clerk is hereby authorized to affix the Seal of the (,ity of 1)ubuque to said easement; 12() Regular Session, March ?, 1952 That the City Clerk is hereby authorized to deliver said ease- ment to the Interstate Power Com- pany upon the receipt of the agreed price of One Dollar ($1.00)• Passed, adopted and approved this 3rd day of March. A. D. 1952, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD. RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin. Schueller, Welu. Nays—None. Absent—Councilman Kolb. TRANSMISSION LINE EASE- MENT (Conditioned on payment of addi- tional consideration) Know all men by these presents: That we, residents of Dubuque County, State of Iowa, in consider- ation of One and no/100 ($1.00) Dollars to us paid by Interstate Power Company, a Delaware cor- poration, the receipt whereof is hereby acknowledged, grant said corporation, its successors and as- signs, forever, the right, privilege and authority to construct, operate, maintain and remove lines for the transmission of electric, energy, in- cluding necessary poles, wires, guys, stubs and tither fixtures, over across and upon the following des• cribed real estate owned by us and located in the County of Dubuque, State of Iowa, to -wit: Plat of abandoned River Bed in the Northwest Quarter (NW1/4) of Section Thirty-one (31), Township Eighty-nine (89) North, Range Three (3) East of the 5th P.M., and the Northeast Quarter (NEI/4) of Section Thirty-six (36), Town- ship Eighty-nine (89) North, Range Two (2) East in the City of Dubuque, Iowa. Poles of said transmission line to be located five (5) feet south Of the north line of above de. scribed property, commencing at a point 5 feet south and 129.06 feet east of the northwest corner of Section Thirty-one (31), Town- ship Eighty -Nine t89) North. Range Three (3) East; thence west ap- proximately 199.28 feet, thence north 86 57' west approximately 230.6 feet to point of intersection with the southeast boundary of Block Thirty-one (31) of Dubuque Harbor ('ompany's Addition in the City of Dubuque. Iowa, as shown on print attached hereto and made a part hereof. It is understood and agreed that grantor reserves the right to fill or excavate, or both, on the de- scribed premises and, in the event grantor elects to carry on such work. it shall notify grantee in writing of its intention so to do not less than thirty 130) days prior to commencing; such work and thereafter grantor shall be re- lieved from any damage to gran- tee's property resulting from such work. Together with the right privi- lege and authority to trim or cut down any tries within 30 feet cif each side of the outside conductor of said line; and also the right to enter upon the above described premises at any and all times for the purpose above set forth. In witness whereof. We have hereunto met our hands and seals this lith day of March, 1952. Witnesses: CITY OF DUBUQUE, IOWA (SEAL) ROMOLO N. RUSSO, Mayor. J. J. SHEA, Clerk. State of IowaSS County of Dubuque I On this 6th day of March, 1952, before me, Geraldine L. Jenni, a notary public, personally appeared Romolo N. Russo and J J Shea, to me known to be the per- sons described in and who exe- cuted the foregoing instrument and acknowledged that they exe- cuted the same as their free and voluntary act and deed. In witness whereof, 1 have here- unto affixed my official signature with the seal of my (office, the day and year first above written. My commission expires July 4, 1954. GERALDINE L. JFNNI, (SEAL) Notary Public I)ubuque County, Iowa Regular Session, March 3, 1952 121 March 3, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached hereto are options of $11,(X)0.00 on Lot 5, Part of Tschirgi and Schwind's Subdivision, owned by Jess Armi- I tage and of $14,0(X).()0 on Lot 8 of fart of Tschirgi and Schwind's Subdivision owned by Al A. Smith. This property is located on the corner of Atlantic Street and Uni- versity Avenue west of Allison Henderson Park, and is desirable for the construction of a new fire station. I recommend that this property be purchased by the City for the location of a new fire station. A form of resolution for such pur- chase is herewith submitted. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas Mayor Russo, Councilmen Austin, Schueller, Welu. Nays None. Absent Councilman Kolb. RESOLUTION NO. 59-52. Whereas, it is the considered judgment of the City Council of the City of Dubuque. Iowa, that provision be made for the loca- tion of a new fire station on the corner of Atlantic and University; and Whereas, I.ot 5 and Lot 8, part of Tschirgi do Schwind's Subdivision in the City of Dubuque are con- sidered to be well located for this fire station; and Whereas, the City Council con- siders it necessary and expedient that the above described property be acquired by the Municipality; Now, therefore, Be it resolved by the('ity Coun- cil of the City of Dubuque. Iowa, that Lot 5 of Tschirgi and Schwind's Subdivision in the City of Dubuque be. purchased from Jess Armitage for the sum of $11,000.00. Be it further resolved that Lot 8 Part of Tschirgi and Schwind's Subdivision in the City of Du- huque he purchased from Al A. Smith for the sum of $14,1(X).00. Approved and placed on file for final action this 3rd day of March, 1952. Councilman Welu moved that the resolution just read, being a resolution authorizing a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Council. man Schueller. Carried by the fol- lowing vote: Yeas --Mayor Russo. Councilmen Austin, Schueller, Welu. Nays—None. Absent • Councilman Kolb, March 3, 1952. To the honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Building Com- misioner, Sanitary Inspector and Fire Chief made an inspection of buildings located at 255 Pear Street and at the rear of 878 Cen- tral Avenue. Both of these build- ings are dilapidated and in danger of collapse. 1 recommend that you appoint a condemnation committee to exam- ine these buildings. Respectfully yours, L. J. SCHILTZ, City Manager. Councilman Schueller m o v e d that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yens—.Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-- None. Absent -Councilman Kolb. Councilman Austin moved that Messrs Fred Fichter, Fred Schroe- der and Harry .1. Schiltz be appoint- ed as members of a condemnation committee to examine the build- ings located at 255 Pear Street and at the rear of 878 Central Avenue and to submit their recommenda- tion and report back to the City Council. Seconded by Councilman Welu. Carried by the following vote: yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays None. Absent Councilman Kolb. 122 Regular Sessitm. Murch 3. 1952 March 3, 1952. To the Honorable Mayor and city Council. Dubuque, Iowa. Council de - Gentlemen: The City city ferred action on a proposed ordinance to require the dating of milk deliveries in the city of Du- buque until the Health Department made a further investigation. The Milk inspector met with rep- resentatives of each dairy on Feb- ruary 13th and agreed on a policy that would not create a financial burden on any dairy supplying milk to Dubuque. The items agreed upon by all dairies are as follows: 1. All dairies are to either code or date their products in a manner that will assure the Health Depart. ment that the consumer is amply protected. 2. Constant supervision of de. livery men to discontinue the poli- cy of overstocking retail outlets. 3. If the product is coded, that the code will be made available to the Health Department and the retail merchants. 4. To inform wholesale delivery men that milk will be picked up from retail stores no later than the first delivery following the elapse of the time limit for that product. It is the belief of the Healtb Department that this agreement will be satisfactory and that the amendment to the Milk Ordinance is not now essential in maintain- ing of a high quality product. I recommend that the Council take no action on the proposed amendment to the Milk Ordinances in view of the satisfactory agree- ment with all the dairies supplying milk to Dubuque. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas Mayor Russo, Councilmen Austin, Schueller, Welu. Nays None, Absent Councilman Kolb, March 3, 1952. To the Honorahle Mayor and City Council, Dubuqui-, Iowa. Gentlemen: In order to plan for the expansion of our water sys- tem I have had the Water Depart- ment Superintendent prepare a re- port showing the statistics on rev- enues and expenditures, the im- provements needed over a ten year period and those proposed for 1952. The improvements planned with- in the city, such as Main exten- sions and new wells, include an expenditure of $97,300.oO for the main extensions in the newly an- nexed area. The residents of this area have acquired an equity in the city water facilities that were paid for by those within the old limits and should, in my opinion be assessed for a portion of the water main extensions. Extensions planned for 1952 in this new area include Pennsylvania Avenue west to Drexell Street, Fairfax Avenue, Lennox Avenue west to Alpha Street, Brown Street, Green Street from Pennsylvania Avenue northeast, Chaney Road from Hillcrest south to Pennsyl- vania Street, Asbury Road from Carter Road west approximately 1000 feet. These extensions are a part of the expansion program and it is proposed that the city pay the costs in excess of a six inch main. The assessed amount would be ap- proximately one-half the total cost. In order that the proposed pro- gram can be completed, it will be necessary to issue $200,000.00 worth of Revenue Bonds I recommend that the program be approved as I have it outlined to Include special assessment of main extensions in the annexed area, the drilling of two new wells if the test well proves satisfactory, main extensions in the old system and the issuance of $200,000.00 in Revenue Bonds. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz bre approved. Second- ed by Councilman Austin. Car- ried by the following vote: Rreular Session, March 3, 1952 123 Yeas—Mayor Russel, Councilmen Austin, Schueller, Wv1u. Nays—None. Absent Councilman Kolb. Councilman Austin moved that City Solicitor Nelson be authorized to hire the services of Messrs Chapman and Cutler, attorneys, for the preparation of proceedings covering{ the issuance of $200,000.00 Water Revenue Bonds. Seconded by Councilman Welu. (tarried by the following vote: Yeas -Mayor Russo, Councilmen Austin, Schueller, Welu. Nays ---None. Absent- -Councilman Kolb. Petition of Leonard A. Adamac and others, property otiners in the newly annexed highland Park Ad- dition in the City, requesting that the city water mains be extended from the corner of Cdrter and As- bury Roads, west on Asbury Road for a sufficient distance to service all of their property, or a distance of about 900 feet., presented and read. Councilman Austin moved that a plat and schedule of assessment be prepared covering the request. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. RESOLUTION NO. 24.52 Whereas, pursuant to Itesolution and Notice the City Cuunell of the City of Dubuque met on the 4th day of February 1952, at 7:80 o'clock p.m. in the City Council Chambers In the l.'Ity Hall to consider the proposal to dispuse tut the hereinafter de- se•rlbed real estate, at which hear- ing all interested parties were af- forded out opportunity to be heard fur or nifulust such proposal; and Whereas, pursuant to published no- tica, oral bldg for sold propertq were taken and the hl hest oral hid was determined to be that of Justin nurke to the amount of $8,60.00 and after taklnit oral bids the sealee>f wds were 'hell opened and the highest sealed bed was deternlino-d to be that of Arthur Wltherall Iia the amount of $4,600 tMl, and it was thereupon de- tnrnined that the bid of Arthur Wltherall Ill the nnwunt of $4,500.00 was the auce•essful bid; Now Therefore He It ne"ved by tine (.'Uy ('ounell of the C Ity of Du- buque: Section 1. That the hill of Arthur Wltherall if, tlae amount of $4,60,00 fur, the turchaHs of Lut I elf I of Mineral !!qt 146 and Lot 2 of 2 of 8 of Mineral Lot 144 is hereby accepted and the Mayor and City ('lark are hereby authorized and empowered to execute the quit claim deed of the wily of Uubuqua, roleasltir slid con- vrving to Arthur Wltherall sill of Its rlaht, title and interest In and to the atNl\'e described r•al estate and to deliver the same to the sald Ar- thur Wither•all upon the receipt of t l,'.00 00 In cash: Section 2. That this Resolution Otoll be In full force and effect from and after its final passne, adoption i d publication as provided by law. Approved and laced on file for final action this 4th day of February, 1952. Massed adopted and approved this 3rd day of March, 1952. ROMOLO N. RITS80 Mayor CLARENCE P. \VElX Rl'nEN V. AITSTiN I.EO N. SCHUELLER Councilmen Atte-4t: J. J. Shen, City C:erk. t'jblished offielally In The Tele- gra,h-herald newspaper this 7th day of March, 1952. J. J. SIIF,A, 1t Mar 7. City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Peas -•-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. RESOLUTION NO. 25.52 Whereas, pursuant to Resolution and N,illee the City Council of the a9ty .•f Dubuque met on the 4th day of February, 1952, at 7:80 o'clock P, in., In the City Council Chambera in the ('Itv Ball to consider the pro- posal in dispose of the hereinafter described real estate, at which hear- ing all Interested parties were af- f;.rded an opportunity to be heard for or agalnat such proposnl: and Whereas. pursuant to published no- itcr, ural bids for said property were Olken stillthe highest arai hid was determined to be that of no oral bi),+ds recelved, and after taking ural ds the sealed bids were then opened .end the highest sealed bid was de- termined to be that of M. H. Olansky In the amount of $12,500.00, and it was thereupon determined that the hid of M. f3. Ulanaky in the amount of $12,50o.tkl A,ax the successful hid: Now Therefore Ne It Resolved by the City ('ounell of the City of Du- huglle: ttertlon 1. That the hid of M. B. olansky in the amount of $12,500,00 for the purchase of Lot 1 of I Of 8 of handall's Subdivision is hereby accepted and the Mayor and City poweehereby authorized quit and sill- ted •tnexecute deed of the City, of Dubuque, releas- Ir and convey nt� to M. H. Olansky all of its rlFht, t tle find interest in and to the %hove described real estate aad t„ deliver the acme to the said M R ( lolly upon the recelpt of 1112.40000 in cash: Section 2. That this Resolution shall be In full force and effect front and after Its final plssaFe, adoption and publication us provided by 61tw. Approved and placed on file for final action tills 4th day of Fehru- aryy. 196E Passed,adoppted slid approved this 8rd day of March, 1958. ItOMOLO N. nU881dC1�+e1r CLARENCH t'. µ'I:1.11, llitllEN V. Ai,sT1N, LEO N. S('HlCouncilmen. Attest: J. J. Shea, City Clerk. published officially in The Tele- 124 Regular Session, March 3, 1952 graph-flerald nt•wspaper this 7th clay the licenses are to he issued upon ur March, t:+52. s. J. stt�:A, the compliance phones with the terms of tt.Mar7 (Ty CIerk- the ordinances of this City. Councilman Schueller moved the adoption of the resolution. Second— ed by Councilman Austin. Carried Name Address by the following vote: Harold L. Miller, 400.402 Main Yeas—Mayor Russo, Councilmen Street. Austin, Schueller, Welu. Mrs. Annice Jaei4er, 1598 Elm Nays ---None. Street. Absent ---Councilman Kolb. !Vick ,1. Legler, 5M3 Eighth Av- RESOLUTION NO. 54-52 enue. Be It Resolved by the City Coun- Anthony C. Nlihalovich, 199 cil of the City of Dubuque that Wa,;hington Street. the following, having complied with the provisions of law relating Mathias A. Schneller, 132 Eighth to the sale of cigarettes within the City of Dubuque, be granted a per- Avenue. Raymond McLaughlin, 2222 Cen. mit to sell cigarettes and cigarette tral Avenue. Jerome J. love, 37 Eighth papers within said City and the Av- enue. Manager is directed to issue such permit on behalf of said City. Henry T. Weber. 422 Main Street. Name Address Leffa M. Koenig, 61x1 Central Av- enue. Julius Miller, 1961 Central Av- Erwin M. Grab and Helen Grab, enue. 1575 Central Avenue, Henry T. Weber, 422 Alain Street. Robert J. Quinlan, 1(791 White Anthony C. Mihalovich, 1900 Street. Washington Street. CLASS "B" PERMIT FOR Harold L. Miller, 400-402 Main PRIVATE CLUB Street. Nick J. Legler, 553 Eighth Av- Dr. Pepper Bowling Lanes Club, 8M) 1"ust Street. enue. Leffa M. Koenig (Effective CLASS "C" PERMIT Daniel C. Maloney, 892 Cleveland 4/1/52) 600 Central Avenue. Avenue. Be It Further Resolved that the bonds filed Clarence .1. Kipper, 1585 I)elhi with the applications Street be approved. Passed, adopted and approved Ernest W, Pfalxgt•af and A. L. Pecker, 1300 Central Avenue. this 3rd (lay of March, 1952. ROMOLO N. RUSSO, Passed, adopted and a,)prov(,(i Mayor this 3rd day of March, 1 - CLARENCE P. WELU, R0M. 0LO N. RUSSO, Mayor RUE. EN V. AUSTIN, LEO N. SC RUELLER, CLARENCE P. WELU, Councilmen RUBEN V. AUSTIN, Attest: J. J. SHEA, LEO N. SC-IfUEL,LER, City Clerk Councilman Austin Councilmen Attest: J. J. SHEA, moved the adoption of the resolution. Second- City Clerk ed by Councilman Schueller. Car• ('ouncilman Schur-lier moved the adaption of the resolution. Second- Yeas ---Mayor Russo, Councilmen ed by Councilman Austin. Carried Austin, Schueller, Welu. by the following vote: Nays --.None. Yeas --Mayor Russo, Councilmen Absent --Councilman Kolb, Austin, Schueller, Welu. RESOLUTION NO. 62--52 Absent--oCouncilman Kolb. Whereas, applications for Beer Permits have SHERT NO. m been submitted to this Council for approval RESOLUTION NO. 61-52 Whereas, and the same have been examined: Now, Therefore, heretofore applications Beer for Br Permits were filed by Be It R*solvcd by the Council of the City of Dubuque that the within named applicants and they have received the approval fol• lowing aPplications be granted and of this t'ounctl; and Whereas, the premises to be oc- Regular Session, March 3, 1952 cupied by such applicants have been inslx cted 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 Man- ager be and he is directed to issue to the folowing named applicants a Beer Permit. CLASS "B" PERMIT Harold L. Miller, 400-402 Main Street. Mrs. Annice ,Jaeger, 1598 Elm Street. Nick J. Legler, 553 Eighth Ave- nue Anthony C. Mihalovich, 190 Wash- ington Street. Mathias A. Schneller, 132 Eighth Avenue. Raymond Me Laughlin, 2222 Cen- tral Avenue. Jerome J. Love. 37 Eighth Ave- nue. Henry T. Weber, 422 Main Street. Leffa M. Koenig, 600 Central Avenue. Erwin NI. Grab and Helen Grab 1575 Central Avenue. Robert J. Quinlan, 1091 White Street CLASS "B" PERMIT FOR PRIVATE, CLUB Dr. Peper Bowling Lanes Club, 880 Locust Street. CLASS "C" PERMIT Daniel C. Maloney, 892 Cleve- land Avenue. Clarence J. Kipper, 1585 Delhi Street Ernest W. Pfalzgraf and A. L. F esker, 1300 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Pased, adopted and approved this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. C LARENCE 11. WELU, RUBEN V. AUS'T'IN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Austin. Carried by the following vote: 125 Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. RESOLUTION NO, 62-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Adeline Street with curb and gutter from the east prop- erty line of Grandview Avenue to the West property line of Ro mona Street estimated cost $1,- 275.74, presented and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 63-52 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 a -re now on file in the office of the City Clerk showing among other things the following: 1. The boundries 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, 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 inprove- ment of Adeline Street from the east property line of Grandview Avenue to the west property line of Romona Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare W make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to 126 Regular Session, March 3. 1952 have waived all objections thereto &-id 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 he assessed upon and against all privately o w n e d property lying within assessa- ble distance provided by law &--id 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 de- ficiency shall be paid out of the street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro. duced, approved and ordered Placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHE A, City Clerk, Councilman Welu moved that the resolution just read, being a res- alution ordering a street improve. ment he now considered complete in form for final pasage and fur. ther move that the same be placed on file with the City Clerk and remain on We for public inspec- tion for at least one week before final adoption. Seconded by ('oun. cilman Austin. Carried by the fol- lowing vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None, Absent—Councilman Kolb. (Fixing date of Hsiaring) RESOLUTION NO. M--52 Whereas, the city Council of the City of Dubuque, Iowa, has by Resolution No. 62—.52 given its pre. liminary wpproval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve. ment of Adeline Street from the east property line of Grandview Avenue to the west property line of Ramona Street and. Whereas, the proposed Resolution of Necessity for said improvement has been introduce.(] and is now on file in the. City Clerk's office for public inspection. Be It Therefore Resolved that on the 22nd day of March 1952, a public hearing will be held at 9:oo o'clock A. M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro• Posed improvement may appear and make objection to the pro posed plans and :specifications and proposed form of contract and at the same time to the buundrics of the proposed district, to the cost of the improvement, to the amount Proposed to be assessed against any lot and to 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• lashed 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 a4 the time of final consid- eration of said resolution have un file with the Clerk objections to the amount of the propased assess ment, they shall have been deemed to have waived all objections there- to, at which hearing the Council will hear such objections and enter on record its final decision there- on. Paossed, adopted and approved this 3rd day of March, 1952. Rc�MOLO N. RUSSO. Mayor. CLARENCE 11. WELli, RUBEN V. AUSTIN, LEO N. SCHUELI.ER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved the X Regular Session, March 3, 1952 127 adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. RESOLUTION NO. 6S—S2 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Apple Street with curb and gutter from the north property line of Cleveland Avenue to the south property line of Oak Street, estimated cost $1,080.70, pre- sented and read. Councilman Aust- in moved the adoption of the res- olution. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 66-52 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 acid are now on file in the office of the City Clerk showing among other things the folowing: 1. The boundries 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- ssed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, 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 improve- ment of Apple Street with curb and gutter from the north prop- erty line of Cleveland Avenue to the south property line of Oak Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections 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 Coun- cil and are now on file with the City Clerk. That the cost and ex- pense 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 special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street Im- provement bonds shall be issued and in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contract - tor. The above resolution was intro- duced. approved and ordered Placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved that the resolution just read being a resolution ordering a street im- provement he now considered com- plete in form for final passage and futher move that the same be placed on file with the City Clerk mid remain on file for public inspection for at least one week before final adoption. Seconded by Councillnau Welu. Carried by the following vole; 128 Regular Scssion, March 3. 1952 Yeas.—Mayor Russo, Councilmen Austin, schueller, Welu. Nay4--None. Absent—Councilman Kolb. (Fixing date of hearing) RESOLUTION N0. 67-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution Nn. 65-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Apple Street with curb and gutter from the north property line of Cleveland Avenue to the south property line of Oak Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be it therefore resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A.M. in the Council Cham- ber in the City of Dubuque at which time the owners of proper- ty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Rebolution of Ne• cessity 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 comideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1952 ROMOLO N. RUSSO, Mayor. CI.ARENCE 11. WELU, RUBEN V. AUSTLN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Schueller. Welu. Nays None. Absent --Councilman Kolb. RESOLUTION NO, 68-52 Preliminary approval of propos- ed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of the west side of Cross Street with curb and gutter from the south property line Coates Street to the north property line of Simpson Street, estimated cost $1,751.51, presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays ---None. Absent --Councilman Kolb. (Necessity for Improverr»nt) RESOLUTION NO. 69-52 Whereas, i» opobed plans, spec► Gcations. 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 boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- n►eut, and the size and kind of sewers. 4. Each lot proWised to he as *eased together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. fl. In each case the amount there- of which is estimated to be ab-- sessed against each lot, for the im- provement of the west side of Cross Street with curb aml gutter from Regular Session, March 3, 1452 the south property line of Coates Street to the north property line of Simpson Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall he con- stricted 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 within 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 de- ficiency shall be paid out of the street funds & sewer funds, or partly out of each of said funds. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intra duce,d, approved and ordered War - ed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor CLARENC:E 11. WELD, RUBEN V. AUSTIN, LEO N. SCIIUELLER Councilmen Attest: J. J. SHEA, City Clerk Councilman Schuciler moved that the resolution just read being a resolution ordering a street im- provement be now considered cotn- plete in form for final passage and further move that the battle be 129 placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. (Fixing Date of Hearing) RESOLUTION NO. 70-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No, 68--82 given its prelim- inary approval on the proposed Plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Improve- ment of the west side of Cross Street with curb and gutter from the south property line of Coates Street to the north property line of Simpson Street and, Wil-reas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be it Therefore Resolved that on the 22nd day of March 1952, a pub- lic hearing will be held at 9:00 o'clock A.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement 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, to the amount to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the city Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (9) 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 ob- jectiows thereto, at which hearing 130 Regular Session, March 3. 1952 the Council will hear such objec. tions and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1952. ROMO1.0 N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCIIUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent --Councilman Kolb, RESOLUTION NO. 71-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Decatur Street with curb and gutter from the east prop- erty line of Rhomberg Avenue to the west property line of Garfield Avenue, estimated cost $1,750.97, presented and read. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays ---None. Absent --Councilman Kolb. (Necessity for Improyament) RESOLUTION NO. 72-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in 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 coat of the proposed improvement, and kind of material to be used. 6. In each case the amount there. of which is estimated to be as. sessed against each lot, for the im. provement of Decatur Street with curb and gutter from east property line of Rhomberg Avenue to the west property line of Garfield Avenue. He Is Therefore Resolved that the City ('ouncil on its own motion deems it advisable and neressary for the public welfare to make the herein mentioned improvement and unless property owners at the time of the final consideration of this proposer resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans 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 mprove- 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, street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1932. Approved: RUMOI.0 N. RUSSO, Mayor CLAKF;NC'E I'. WELU, RUBEN V. AUSTIN. LEO N. SCHIJELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved that the resolution just read. being a resolution ordering a street im- provement be now considered com- plete in form for final paw,age and further move that the same be Regular Session, March 3, 1952 131 placed on file with the City Clerk and remain on file for public in- spection for at least one week be. fore final adoption. Seconded by Councilman Schuelivr. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays --None. Absent—Councilman Kolb. (Fixing Date of Hearing) RESOLUTION NO. 73-52 Whereas. the City Council of the City of Dubuque, Iowa, has by Resolution No. 71--52 given its pre- liminary approval on the proposed plans specifications and form of contract and placed same on file in the office of the city Clerk for public inspection, for the improve- ment of Decatur Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Garfield Av. enue. 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, Ile It Therefore Resolved that on the 22nd day of March, 1952, a pub- lic hearing will be held at 9:00 o'clock A.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement 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, 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 3rd day of March, 1952. ROAIOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of thy! resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None, Absent—Councilman Kolb, RESOLUTION NO. 74-52 Preliminary approval of propos- ed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of Decatur Street with curb and gutter from East property line of Prescott Street to West property line of Lincoln Avenue, estimated cost $337.58, presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas ---Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 75-52 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 and kind of material to be used. 8. in each case the amount there- of which is estimated to be assessed 132 Regular Session, March 3, 1952 against each lot, for the improve- ment of Decatur Street with curb and Rutter from Fast property line of Prescott Street to the West prop- erty line of Lincoln Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said 'improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per. formed and accepted and the pro- ceeds thereof used to pay the con. tractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V, AUSTIN, LEO N. SCHUELLER, Attest: J. J. 5HEA, Councilmen City Clerk Councilman Welu moved that the resolution just read being a reso- lution ordering a street improve- ment be now considered complete in form for final passage and fur- ther move that the name be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas -.--Mayor Russo, Councilmen Austin, Schuelier, Welu. Nays—None. Absent—Councilman Kolb (Fixing Date of Hearing) RESOLUTION NO. 76-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 74---52 given its pre- liminary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Decatur Street with curb and gutter from East property line of Prescott Street to the west prop- erty line of Lincoln Avenue and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objections to the pro- posposed plans and iieciticationi, and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the laity 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 considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have tx-en deemed to have waived all objections thereto, at which hearing the Council will hear Regular Session, March 3, 1952 133 such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1952, ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. RESOLUTION NO. 77-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Hamilton Street with curb and gutter from the east prop- erty line of Rhomberg Avenue to the west property line of Garfield Avenue, estimated cost $1,289.99, presented and read. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller. Welu. Nays—None. Absent— Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 78-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in 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 it valuation fixed by the council. 5. An estimate of the cost of the proposed improvement and kind of material to be used. K. In each case the an►ountthere- of which is estimated to be assessed against each lot, for the improve- ment of Hamilton Street, with curb and gutter from east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance 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 th^_reto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improve- ment bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved that the resolution just read, being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be plac- ed on file with the City Clerk and 134 Regular Session, March 3, 1952 remain on file for public inspection for at least one week before final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent --Councilman Kolb. (Fixing Date of Hearing) RESOLUTION NO. 79-52 Whereas, the City Council of the Pity of Dubuque, Iowa, has by iic•solution No. 77-52 given its preliminary approval on the pro- posed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Hamilton Street with curb and gutter from the cast property tine of Rhomberg Avenue to the west property line of Garfield Av- enue and, Whereas, the proposed Resolu. tion of Necessity for said improve• went has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public bearing will be held at 900 o'clock A.M, in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro• Posed improvement may appear and make objection to the pro. Posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the pro. posed Resolutions 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 un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the 1)"oponed assea,ment, they shall have been deemed to have waived all objections thereto, at which hearing the ('ouncil will hear such objections and enter on record its final deci,ion thereon. Passed, adopted and approved this 3rd day of ,larch, 1952. ROMOLO N. RUSSo, ,Mayor CLARENCE P. WEI,I?, RUBEN V. AUSTIN, I.F.O N. SCHUELI,ER, Councilmen Attest: J. J. SHEA, City clerk Councilman Schueller moved the adoption of the resolution. Second. ed by Councilman Welu. Carried by the following vote - Yeas --Mayor Russo, Councilmen Austin, Schueller, Welu. Nays— None. Absent—Councilman Kolh RESOLUTION FMO. 90--52 Preliminary approval of propos. ed plans, specifications, form of contract, plat and schedule and all other documents for the improve. ment of Hamilton Street with curb and gutter from the east property line of Lincoln .avenue to the west property line of Prescott Street, estimated cost S1534.93, presented and read. Councilman Austin moved the adoption of the resolution, Sec onded by Councilman Schueller. Carried by the following vote- Yeas Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 81-52 Whereas, proposed plans, specs• fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the Pity Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be. improved. 3. The width of ouch improve. Ment. 4. Each lot ptt)posed to be as. sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con struction and kind of material to be used. 8. In cacti ease the amount there- of which is estimated to be w"cbsed Regular Session, March 3, 1952 135 against each lot, for the improve- ment of Hamilton Street with curb and gutter from the east property line of Lincoln Avenue to the west property line of Prescott Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans 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 & ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable d i s t a n c e 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 benefit.; conferred thereby. and any deficiency shall be paid out of the street fund. Street im- provement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO. Mayor CLARENCE Y. WELU, RUBEN V. AUSTIN, LEO N. SCHI'ELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. /Absent --Councilman Kolb. (Fixing Date of Hearing) RESOLUTION NO. 82-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 84-52 given its prelim- inary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Hamilton Street with curb and gutter from the west property line of Linenin Avenue to the west property line of Prescott Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 A.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 clay fixed for 1 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- sposed assebsment, they shall have been deemed to have waived all 136 RcFular Session, March 3, 1952 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 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent --Councilman Kolb. RESOLUTION NO. 83-52 Preliminary approval of propos. ed plans, specifications, form of contract, plat and schedule and all other documents for the improve. ment of Lowther Street with curb and gutter from the west property line of Burden Avenue to the east Property line of Brunswick Street. estimated cost $2,144 00, presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent --Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 84--52 Whereas, proposed plans, speeifi. 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: 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 as. sessed together with a valuation fixed by the council. 5. An estimate of the cost of the propobed improvement and kind Of material to be used. 8. in each case the amount there- of which is estimated to he as- sess s- . . ed against each lot, for the im- provement of Lawther Street with curb and gutter from the west prop- erty line of Burden Avenue to the east property line of Brunswick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as. semments. they shall be deemed to have waived all objections there- to. Said improvement shall he 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 he assessed upon and against all privately owned prop. erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad iacent thereto ac- cording to area and in proportion to the spacial benefits conferred hereby, and any deficiency shall be paid out of the street fund. Street improvement Wrids shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO. Mayor CI ARFNCE 11. WELD. RUBEN V. AUSTIN, LEO N. SC'HUELLER. Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution just read being a reso- lution ordering a street improve- ment be now conbidered complete Regular Session, March 3, 1952 137 in form for final passage and fur- ther move that the same be placed on file with the City Clerk and remain on file for public inspec- tion for at least one week before final adoption. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas ---Mayor Rusio, Councilmen Austin, Schueller, Welu. Nays ----None. Absent --Councilman Kolb. (Fixing Date of Hearing) RESOLUTION NO. 85-52 Whereas, the City Council of the City of Dubuque. Iowa, has by Resolution No. 83-52 given its pre liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Lawther Street from west property line of Burden Avenue to the east property line of Brunswick Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A. M. in the Council C'hain- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro• posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the 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 pro- posed asseissment, they have 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 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller. Welu. Nays—None. Absent—Councilman Kolb. RESOLUTION NO. 86-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of Romona Street with curb and gutter from 240 feet. Narth of the property line of Adeline Street to 100 feet South of the South prop- erty line of Adeline Street, esti- mated cost $2,024.95, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 87-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries 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 I)WIX)sed improvement and kind of material to be used. 138 Regular Session, March 3, 1952 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Ramona Street from 240 feet North of the North property line of Adeline Street to 100 feet South of the South property lane of Adetine Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans 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 improvemennt will be assessed upon and against all Privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street funds and sewer funds, or partly out of each of said funds. Street improvement bonds shall be issued mid sold in anticipa. tion of deferred payments of as. sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered Placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE I'. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk Councilman Austin moved that the resolution lust read being a resolution ordering a street im• provement be now considered com- plete in form for final pasaae and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—Node, Absent—Councilman Kolb. RESOLUTION NO. 8"2 Whereas, the ('ity Council of the City of Dubuque, Iowa, has by Resolution No, W-52 given its pre liminary approval on the proposed plans specifications and form of contract and placed same on file In the office of the laity Clerk for public inspection, for the improve• ment of Ramona Street from 240 feet North of the North property line of Adeline Street to 100 feet South of the South property line of Adeline Street and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on Me in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a pubic hearing will be held at 9.00 o'clock A. M. in the Council Cham- ber in the City of Dubuque at which bine the owners of property sub- ject to "sessme•nt for the: proposed improvement may appear and make objection to the proposed pians and specifications and pro- posed form of contract and at the same time to the boundaries of the Proposed district, to the cost here- by 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 prop- erty owners at the time of final consideration of said resolution have waived al objections thereto, at which heaving the Council will bear such objections and enter have waived all objections thereto, Regular Session, March 3, 1952 ! 39 Passed, adopted and approved this 3rd clay of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCIRJELLER, Councilmen. Attest: J. ,1. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. RESOLUTION NO. 89-52. Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of the South side of Simpson Street with curb and gutter from the west property line of Fremont Avenue to a point 125 feet west of west property line of Cross Street, estimated cost $4,711.48, Presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Russo, Councilmen Austin, Schueller, Welu. Nays None. Absent-• Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 90-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, 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 the South side of I Simpson Street with curb and gut. ter from west property line of Fremont Avenue to a point 125 feet west of west property line I of Cross Street. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consider. ation of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO. N. SCHUELLER, Councilmen. Attest: ,I. 1 SHEA, City Clerk. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered 140 Regular Session, March 3, 1952 complete in form for final pass- age and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Schueller, Welu. Nays- -None. Absent ---Councilman Kolb. (Fixing Gate of Hearing) RESOLUTION NO. 91--57. Whereas, the city Council of the City of Dubuque, Iowa, has by Resolution No. 89--52 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of the South side of Simpson Street with curb and gutter from west property line of Fremont Avenue to a point 125 feet west of west property line of Cross Street, and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City ('lerk's office for public inspection. Be it therefore resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A.M. in the Coun- cil Chamber in the City of Du- buque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifics. tions and proposed form and at the bame 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 Ne. cessity 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 considera. tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March. 1952. ROMOW N. FWSSO, Mayor. CLARENCE P. WELD, RIIBEN V. AUSTIN, LEO N. S('HUF.LLER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the. resolution. Sec. onded by Councilman Schueller. Carried by the following vote. Yeas --Mayor Russo. Councilmen Austin, Schueller, Welu. Nays --None, Absent- Councilman Kolb. RESOLUTION NO. 92—S2 Preliminary approval of pro - Posed plans, specifications, form of contract, plat and schedule and all other documents for the im. provement of the Fast side of Stetmore Street with curb and gut. ter from South property line of Lombard Street to a point 6W feet south, estimated cost 51,488.23, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Russo. Councilmen Austin, Schueller, Welu. Nays --None Absent Councilman Kolb (Necessity for Improvement) RESOLUTION NO. 91••-52. Whereas, proposed plans, specs• fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and arc- now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved 3. The width of such improve- ment. 4. Each lot proposed to tie as- sessed together with a valuation fixed by the council. 1 5. An estimate of the cost of the proposed improvement, and kind of material to be used. Regular Session, March 3, 1952 141 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of the East side of Stetmore Street with curb and gutter from South property line Of Lombard Street to a point 660 feet south. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned 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- sidered and clone in accordance with the plans and specifications which have been prepared therefor by the City EnKineer which have been approved by the City Coun- cil 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 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 street fund. Street im- provement bonds shall be issued and sold in anticipation of defer- red payments of assessments when a contract has been performed and accepted and the proceeds there- of used to pay the contractor. The above resolution was intro- duced, ntraduced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCF P. WEI.U, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution ,iu ,t read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays None. Absent -Councilman Kolb. (Fixing Date of Hearing) RESOLUTION NO. 94-52. Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 92--52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of the East side of Stetmore Street with curb and gut- ter from the south property line of Lombard Street to a point 660 feet south and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be it therefore resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed 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, W the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity 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 lhibuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera- tion and unless property owners at the lime of final consideration I of said resolution have on file 142 Regular Session, March 3, 1952 with the Clerk objections to the amount of the proposed assess. ment, 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 de- cision thereon. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. Rt SSU. Mayor CLARENCE P. WF.LU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carried by the following vote. Yeas ---.Mayor Russo, Councilmen Austin, Schueller, Welu, Nays-- None. Absent--CounclIman Kolb, RESOLUTION NO. 9S—S2. Preliminary approval of pro• posed plans, specifications, form Of contract, plat and schedule and all other documents for the im. provement of Strauss Street with curb and gutter from the west Property line of Burden Avenue to the east property line of Bruns- wick Street, estimated cost $2,384.71, presented and read. Councilman Welu moved the adoption of the resolution. Sec. onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. •, Absent. Caugcilrnan Kolb. (Necessity for Improyernent) RESOLUTION NO, 9*—S2_ Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following I. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as. seaaed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount there. of which is estimated to be as. sessed against each lot, for the im. provement of Strauss Street with curb and gutter from the west 1 property line of Burden Avenue to the east property line of Bruns- wick Street. Be It Further Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of 0 this proposed resolution have on file with the City Clerk objections to the amount of the proposed as. sessments, they shall be deemed to have waived all objections there. to. Said improvement shall be con. !' structed and done in accordance I 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 Cleric. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop• erty lying within assessable dist. ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac• cording to arca and in proportion to the special benefitn conferred thereby, and any deficiency shall he paid out of the street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform• ed and accepted and the proceeds thereof used W pay the contractor. The above resolution was intro- duced, approved and ordered plat. ed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RV SO, Mayor CLARENCE P. WEI.tI. RUBEN V. AUSTIN, LEO N. SC'IlUE1.LFR, Attest: J. J. SIiEA, Councilmen City Clerk Regular Scssion, March 3, 1952 143 Councilman Welu moved that the resolution just read being a reso- lution ordering a street improve. ment he now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in. spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin. Schueller, Welu. Nays—None. Absent—Councilman Kolb. (Fixing Date of Nearing) RESOLUTION NO. 97-52 Whereas, the City Council of the City of Iiubuque. Iowa, has by Res- olution No. 95-52 given its prelim- inary approval on the proposed plans specification and form of contract and placeed same on file in the office of the City Clerk for provement of Strauss Street with curb and gutter from the west prop- erty line of Burden Avenue to the e,-st property line of Brunswick Street and. Whereas, the proposed Resolution of Necessity for said improvement tins been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public hearing will be held a 9.00 o'clock A. M. in the Council Chamber in the City of Dubuque a which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro• posed plans and specifications and proposed form of contract and at the same time to the bounaries 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 i� hereby directed to cause a notice of the time and place of such hear• ing to be published in some news paper published in the city of Du buque, thelast of which shall be not less than two (2) nor mon than four (4) weeks prior to tht day fixed for its consideration ane unless property owners at the timt I of final consideration of said res- olution have on file with the Clerk objections 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 3rd day of March, 1952. ROMOLO N. RU'SSO i Mayor C'LARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. Shea City Clerk i Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. There being no further business Councilman Schueller moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Schueller, Welu. Nays—None. Absent—Councilman Kolb. J. J. Shea. QQ City Cleft Approvicei.b a• t p UIL Adopted !8 t h,!f�:............. Councilmen Attest:............. u City Clerk w I V! �'J Owl 144 Special Session, March 22, 1952 City Council (OFFICIAL) Special Session, March 22nd, 1952. Council met at 9:04 A. M. Present—Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Meeting called by order of Councilmen Welu and Kolb. Mayor Russo read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- ducting public hearings on various street improvements and acting on any other 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 of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of con- tract and cost of improvements for the Improvement of Adeline Street With curb and gutter from the east property line of Grandview Ave- nue to the west property line of Ramona Street, estimated cost $1,275.74, presented and read. No written objections filed and no ob- jectors present in the Council Chamber at the time set for said Public hearing. Councilman Welu moved that the proof of publica- tion be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Decision of Council upon ob• iections to plans, specifications, form of contract and cost of im- provements ) RESOLUTION NO. 98—s2 Whereas, proposed plans and specifications and form of contract for the improvement of Adeline Street with curb and gutter from the east property line of Grand- view Avenue to the west property line of Ramona Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pe:. training to public contracts and I bonds, and at the time and place fixed for the hearing of all objec- 1 tions to said plans, specifications or contract for or cost of such im- provements, said time being this 22nd day of March, 1952, and Whereas, the City Council met in special session this 22nd day of March. 1952, at 9:00 o'clock A. M. at the Council Chambers in the City Ball for the purpose of hear- ing all interested parties and con- sidering any and all objection% which have been filed to the pm posed plans, specifications or con- tract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have hen given an oportunity to be heard and all objections which hi-ve 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 filers to the plans, speci- fications, contract for or coat 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 till objections which have been filen to the plans, spe^ifications and form of contract for or cost of sold improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 1952, ROMOLO N. RUSSO, Mayor CI-ARENCE P. WELTT, RAY F. KOLL. RI18FN V. AUSTIN, I -M y. SCHTYELLF.R, Councilmen Att*M: J. J. SIIF:A. City Clerk Councilman Kolb moved the Adoption of the reaulutlon. See- onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays -None. Special Session, March 22, 1952 145 (Necessity for Improvement) RESOLUTION NO. 63-52 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 fila 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, and kind of material to be used. 6. In the case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Adeline Street with curb and gutter from the east property line of Grandview Avenue to the west property line of Ra- mona Street. Be. It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall he 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 t.ity 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 ail privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be asse,ised whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street Improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELI.ER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. (Ordering Construction) RESOLUTION NO. 99-52 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 63---52 which was duly passed by this Council, for the im- provement of Adeline Street with curb and gutter from the east property line of Grandview Avenue to the west property line of Ra- mona Street be and the same are hereby ordered and constructed by this Council upon its own motion with out the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within 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 ,pecial benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer 146 Special Session. March 22, 1952 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 de- ferred payments of assessments as provided by law after the work 1 has been completed and accepted f 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 provid- ed by law, the said improvements shall be completed on or before to calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952, Councilman Welu moved that the resolution just read being a resolu- tion ordering a street improvement be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas.—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the Im- provement of Apple Street with curb and gutter from the north property line of Cleveland Avenue to the south property line of Oak Street, estimated cost $1,080,70, Presented and read. No written ob• jections filed and no objectors pres- ent in the Council Chamber at the time bet for said hearing. Councilman Welu moved that the Proof of publication be received and filed. Seconded by Councilman Schuerller. Carried by the follm4ing vote: Yeas—Mayor Russo. councilmen Austin. Kolb, Schti-filer, Welu, Nays --None. iDecision of Council upon obiec- tions to plans, specifi:ations, form of contract and cost of improve- ments.) RESOLUTION NO. 100--52 Wherva�, proposed plans and specifications and form of contract for the improvement of Apple Street with curb and gutter from the north property line of Cleve- land Avenue to the south property line of Oak Str^et 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, 19.50, 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 or cost of ,uch improve- ments, said time being this 22nd day of March, 1952 and Whereas, the City Council met In Special session this 22nd day of March, 1952, at 9:00 o'clock A.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 tha, improvement herein described and proposed to W 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 Pity Coun• cil of the City of Dubuque, that all objections which have been made and filed to the pians, speci- fications, contract for or cost of said Improsrment herein described and proposed to be made, be and the same are hemb)• overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. Be It Further resolved that this resolution containing the decision r of this ('ouncal upon all objections I which have been filed to the plans, specifications and form of contract for or coat of said improvement be i made a matter of Ix,iruanent record Special Session. March 22, 1952 147 in connection with said improve- ment. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CI.ARENCE P. WELD, RAY F. KOLB. RUBEN V. AUSTIN, LEO N. SCHt1ELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second. ed by Councilman Austin. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays— None. (Necessity for Improvement) RESOLUTION NO. 66-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er 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 as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material 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 Apple Street with curb and gutter from the north property line of Cleveland Avenue to the south property line of Oak Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived sill objections thereto. Said improvement shall be con- structed and dont: 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 a e now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improve- ment bonds shall he issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. The fore- going resolution was finally passed and adopted, as proposed, by the City Council this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE 13. WELU, RAY F. KOLB, RUBEN V. AUSTIN. LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas ---Mayor Russo, Councilmen Austin, Kolb. Schueller, Welu. Nays ---None. (Ordering Construction) RESOLUTION NO. 101-52 Be It Resoled by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 66-52 which was duly passed by this Council, for the improve- ment of Apple Street with curb and gutter from north property line of Cleveland Avenue to the south property line of Oak Street be and the same are hereby ordered and constructed by this Council upon its own motion without the petition 148 Special Session. March 22. 1952 of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street, improvement, 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 ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 10 calendar days after no- tice to proceed is issu-^d. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Schueller moved that the resolution just read being a resoluiton ordering a street im- provement be now considered com- plete in form for final passage and further moved that the tame be placed on file with the City Clerk and remain on file for public in- spection for at least one week before final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas ---Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of pen• dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im• provement of the west side of Crom Street with curb and Rutter from south property line of Coates Street to the north property line of Simp. son Street, estimated cost 11,751.51, presented and read. No written objections tiled and no objectors present in the Council Chamber at the time Oct for said hearing. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. tarried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Sehueller, V1elu. Nays—None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- mants.) RESOLUTION NO. 1112-52 Whereas, proposed plans and specifications and form of contract for the improvement of the west side of Cross Street with curb and gutter from the south property line of Coates Street to the north prop- erty line of Simpson Street have been approved by the City Coun- cil of the City of Dubuque and public notice given as provided by Chapter .391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the Bene and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such improvements, said time being this 22nd day of March, 1952, and Whereas, the City Council met in spacial session this 22nd day of Harsh, 1952 at 9 00 o'clock A 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 madr; and Whereas, all interested parties bave been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered, now, therefore fie It Ite Ived by the City C'oun- Special Session, March 22, 1952 149 cil of the City of Dubuque, that the south property line of Coates all objections which have been Street to the north property line of made and filed to the plans, speci- fications, contract for or cost of I Simpson Street. said improvement herein described Be It Therefore Resolved that and proposed to be made, be and the City Council on its own motion the same are hereby overruled deems it advisable and necessary and such plans, specifications and form of contract heretofore ap- for the public welfare to make proved are hereby adopted. the herein mentioned improvement Be It Further Resolved that this and unless property owners at the resolution containing t.h., decision time of the final consideration of of this Council upon all objections this proposed resolution have on which have been filed to the plans specifications anti form of contract I file with the City Clerk objections for or cost of said improvement be to the amount of the proposed as - made a matter of permanent rec- sessments, they shall be deemed to ord in connection with said im- I have waived all objections thereto. provement. Passed, adopted and approved Said improvement shall be con - this 22nd day of March, 1952. structed and done in accordance ROMOLO N. Ri1S50, I with the plans and specifications Mayor which have been prepared therefor CLARENCE P. WELIT, by the City Engineer which have RAN' F. KOLB. i been approved by the City Council RUBEN V. AUSTIN, and are now on file with the City LEO N. SCHUELLER, I Clerk. That the cost and expense Councilmen of making said improvement will Attest: J. J. SIIEA, be assessed upon and against all City Clerk privately owned property lying Councilman Kolb moved the '.vithin assessable distance provid- adoption of the resolution. Second- ed by law and in an amount not i to exceed the amount provided by ed by Councilman Austin. Carried by the following vote: law, Property will be assessed Yeas-- Mayor Russo, Councilmen i whether the same abuts thercog Austin, Kolb, Schueller, Welu. 1 or is adjacent thereto accordin Nays—Nene. to area and in proportion to the special benefits conferred thereby, (Necessity for Improvement) and any deficiency shall be paid RESOLUTION NO. 69-52 nut of the street fund. Street im- Whereas, proposer) plans, speci- provement bonds shall be issued fications, form of contract, plat and sold in anticipation of deferred and schedule have been duly pre- payments of assessments when a pared and approved by the City contract has been performed and Council of the City of Dubuque accepted and the proceeds thereof and are now on file in the office used to pay the contractor. of the City Clerk showing among I The above resolution was intro - other things the following:duccd, approved and ordered Plac- 1. The boundaries of the district, ed on file with the City Clerk this if ;any. 3rd day of March, 1952. The fore - 2 The streets to be improved. going resolution was finally passed 3. The width of such improve- arid adopted as proposed, by the ment, and the size and kind of City Council this 22nd day of sewers. March, 1952. 4. Each lot proposed to be as- btOMOLO N. RUSSO, w�sn . together with a valuation i Mayor fixed by the council. i CLARE NCF. P. WELU, 5. An estimate of the cost of the RAY F. KOLB, proposed improvement and kind of ; RUBEN V. AUSTIN, material to be used. i LEO N. SMELLER, 6. In each case the amount there- Councilmen of which is estimated to be assess- Attest: J. J. SHEA,`ity Clerk ed against each lot, for the im- provement of the i%e%t side of Cross Street with curb and gutter from adoption of the resolution. Second- 150 Special Session, March 22, 1952 ed by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, V4elu. Nays ----None. ;Ordering Construction) RESOLUTION NO. 103--S2 Be it. Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 69-52 which was duly passed by this Council, for the im- provement of the west side of Cross Street with curb and glitter from the south property line of Coates Street to the north property line of Simpson Street be and the same are hereby ordered and con- structed by this Council upon its own motion without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im. provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance, from the improvements, whether such prop. etty abut uupon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement fund 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 advertise for proposals for the construction of the various improvements herein Provided for in the manner provid. ed by law, the said improvements shall be completed on or before 10 calendar days after notice to proceed is issued. Be It Further Resolvent that this resolution being deemed urgent and of immediate necessity shall be in force and efff-et from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22n,l day of March, 1952: Councilman Austin moved that the resolution just read being a resolution ordaining a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City ('Jerk and remain on file for public In. spection for at least one week be. fore final adoption. Seconded by Councilman Sehueller. Carried by the following vote: Yeas—•Mayor Russo, Councilmen Austin, Kolb. Schueller, Welu. Nays --None. Proof of publication, certified to by the publishers, of notice of pen• dency or resolution of necessity and hearing upon proposed plans. speci• fications, form of contract and cast of improvement for the im• provement of Decatur Street with curb and gutter from the east prop- erty line of Rhotnberg Avenue to the west property line of Garfield Avenue, estimated cost $1.75097, Presented and read. No written objections filed and no objectors present in the C:oun. cil Chamber at the time set for said hearing. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman WOW. Carried by the following vote: Yeas-Mayur Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Decision of Council upon objet- fions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION NO. 104---52 Whereas, proposed plans and specifications and furan of contract for the improvement of Decatur Street with curb and gutter from the emit property line of Rhomberg Avenue to the west property line Of Garfield Avenue have been ap- proved by the Pity Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, iH-rtairr ing to public contracts and bonds. and the time and place fixed for the hearing of all objections to said plans, specifications or con• Special Session. March 22, 1952 151 tract for or cost of such improve- ments, said time being this 22nd day of March. 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.M. at the Council Chambers in the City flail 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 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, speci- fications, contract for or cost of said improvement herein described and prosposed 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 Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement he made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHIJELLER, Councilmen Attest. J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the foliowing vote: Yens—Mayor Russo. Councilmen Austin, Kolb, Schueller, Welu. Nays. -Nome (Necessity for Improvement) RESOLUTION NO. 72-52. Whereas, proposed plans, speci- fications, forrn of contract, plat and schedule have Imen duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: I. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Decatur Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Sheet improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- 152 Special Session, March 22, 1952 coeds thereof used to pay the con- tractor. The above resolution was intro- duced. approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WF.LU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLF.R. Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --:None. (Ord ring Construction) RESOLUTION NO. 105-42. Be It resolved by the city Coun. cil of the City of Dubuque that pursuant to a resolution of neces. sity No. 72--52 which was duly Passed by this Council, for the improvement of Decatur Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Gar, filed Avenue be and the same are hereby ordered and constructed by this Council upon its own motion and without the petition of Proper- ty owners. All the work shall be constructed in accordance with the Plans and specifications hereto• fore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said iA!- provements be paid for by levying special assessments against the pri. vately owned property lying with. in the assessable distance from the improvements, whether hush prop. erty abut upon the same or are ad• jacent thereto, according to the area thereof and in proportion to the bPecial benefits conferred, and any deficiency will be Paid out of the street improvement, or hewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the hale of bonds to be issued in anticipation of deferred payments of assess• ments as provided by law after the work has been completed and accepted by the City Council. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here. in provided for in the manner pro- vided by law, the said improve- ments shall he completed on or before 10 calendar day% after no. tice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Schueller moved that the resolution just read be- ing an ordinance ordering a street improvement be now considered complete in form for final passage and further moved that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoptioq. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. '.Nays. 'cone Proof of publication, certified to by the publishers. of notice of Pen- dency of resolution of necessity and hearing upon proposed plans. specifications. form of contract and cost of improvement for the improvement of Decatur Street with curb and gutter from east property line of Prescott Street to west property line of Lincoln Ave- nue, estimated cost $337.58, Pre- sented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the tame set for said public hearing, Councilman Welu moved that the proof of pub• lication be received and filed. Sec- onded by Councilman Kolb. Car- ried by the following vote, Was -Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu Nays --None. Special Session, March 22, 1952 153 ( Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im- provements. ) RESOLUTION NO. 106-52. Whereas, proposed plans and specifications and form of contract for the improvement of Decatur Street w+th curb and gutter from east property line of Prescott Street to west property line of Lin- coln Avenue have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.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 parties have been given an opportunity to he 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 rec- ord in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 1952, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas ---Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 75-52. Whereas, proposed plans, speci fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the*City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Decatur Street with curb and gutter from the east property line of Prescott Street to the west property line of Lincoln Avenue. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- 154 Special Session, March 22. 1952 for by the (sty 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 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 ape. cial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street im- provement bonds shall be issued and sold in anticipation of defer• red payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, ntraduced, approved and ordered placed on file with the City Clerk this 3rd day of :March, 1952. The foregoing{ resolution was fin• ally passed and adopted, as pro- posed, by the City Council this 22nd day of March, 1982. ROMOLO N. RUSSO, Councilmen, CI.ARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SIiEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Sec. onded by Councilman Schueiler. Carried by the following vote: Yeas ----Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays -None. (Ordering Construction) RESOLUTION NO. 107-52. Be it resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces. city No. 75-52 which was duly Passed by this Council, for the improvement of Decatur Street with curb and gutter from the east property line of Prescott Street to the west property line of Lincoln Avenue be and the same are hem by ordered and constructed by this Council upon its own motion and without the petition of property owners. All the. work Shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im. provements be paid for by levying special assessments against the pri- vately owned property lying; within 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 street improvement fund 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 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 4 calendar days after no- tice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be In force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952, Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be Placed on file with the City Clerk and remain on file for public in. spection for at least one week be- fore final adoption. Seconded by Councilman Schuelier. Carried by the following vote: Yeas Mayor Russo, Councilmen Austin, Kolb, Schuelier, Welu. Nays tion. Proof of publication, certified to by the publishers, of notice of Pendency of resolution of neves- D k Special Session, March 22, 1952 155 sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Hamilton Street with curb and gutter from the east property line of Rhom- berg Avenue to the west property line of Garfield Avenue, estimated cost $1,289.99, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said public hearing. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas -Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays ----None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION NO. 108--52. Whereas, proposed plans and specifications and form of con- tract for the improvement of Ham- ilton Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue have been approved by the City Council of the City of Dubuque and public notice given as provid- ed by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts- and bonds, and the time and place fixed for the hearing of all objections to said plans, spe- cifications or contract for or cost of such improvements, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.M. at the Council Chambers in the City Ifall 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 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, spe- cifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CI.ARENCE P. WELD, RAY F. KOI.B, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by-zouncilman Austin. Car- ried by the following vote: Yeas ---Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays None. (Necessity for Improvement) RESOLUTION NO. 78--52. 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 dis. trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as. sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Hamilton Street 1 56 Special Sessum, 'March 22, 1952 from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Be it therefore resolved that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement. and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- strurted 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 i 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 onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. '.Nays- None. (Ordoring Construction) RESOLUTION NO. 109--52, lie it resolved by the City ('oun• cil of the City of Dubuque that pursuant to a resolution of neces. sity No. 78 52 which was duly passed by this Council, for the im. provement of Hamilton Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue be and the acme are hereby ordered and con- structed by this Council upon its own motion and with the petition of property owners. All the work shall be. constructed in accordance with the plans and specifications heretofore adopt,rd and now on file in the office of the City clerk. against all privately owned prop- Be it further resolved that the erty lying within aw.ssahle dis- awt and expense of the said im• tance provided by law and in anpro ements be paid for by levying amount not to exceed the amount special assessments against the provided by law, property will be privately owned property lying assessed whether the same abuts within the assessable distance thereon or is adjacent thereto ac- from the improvements, whether cording to area and in proportion ' such property abut upon the same to the special benefits conferred or are adjacent thereto, accord• thereby, and any deficiency shall ing to the arra thereof and is pro- be paid out of the Street fund, portion to the sliecial benefits con Street improvement bonds shall be f tlerred, and any deficiency will be issued and sold in anticipation of ' paid out of the street improve• deferred payments of assessments pant, or sewer funds of the city. when a contract has been per- or partly from each of such funds. formed and accepted and the pro payment will be made to the con seeds thereof used to pay the con tractor out of funcib realized from tractor. the sale of bonds to be issued in The above resolution was intro- duced, approved and ordered planed on file, with the City Clerk this 3rd day of March, 1552. The foregoing resolution was finally passed and adopted, as pro- posed, by the City (,ouncil this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. C'1.ARENCE Y. WEI.U, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SC*NITI LJ,ER, Councilmen. Attest: J. J. SHFA, City Clerk Councilman Kolb moved the adoption of the resolution. Sec. anticipation of deferred payments of assessments as provided by law after the work has been complet- ed and accepted by the City Coun• cil. Be it hirther resolved that the City Clerk he and he is hereby ordered and dirrMed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by low, the said improve menti shall he completed on or before 10 calendar days after no- tice to proceed is issued Be it further resolved that thin resolution hevnp drerru•d urgent and of inuneeiiste necessity shall be in force and effect front and Special Session, March 22, 1952 atter its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March. 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays ---None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Hamilton Street with curb and gutter from the east property line of Lincoln Avenue to the west property line of Prescott Street, estimated cost $584.93, pre- sented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said public hearing. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas .-Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays --None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION NO. 110--52. Whereas, proposed plans and specifications and form of contract for the improvement of Hamilton Street with curb and gutter from east property line of Lincoln Avenue to the west property line of Prescott Street have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for ol. cost of such improve - 157 ments, said time being this 22nd day of March, 1952, anti Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.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 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, spe- cifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the pians, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, I RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas- -Mayor Russo, Councilmen Austin, Kolb, Schueller, A'elu. Nays—None. ;Necessity for Improvement) RESOLUTION NO. 81-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- 15R Special Session. March 22. 1952 pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis. trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Hamilton Street with curb and gutter from the east property line of Lincoln Ave. nue to the west property line of Prescott Street. Be it therefore resolved that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file wif}—i the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex. pense of making said improvement will be assessed upon and against all privately owned property lying within assessable disianee provid. ed by law and in an amount not to exceed the arnount 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 street fund Street im. provement bonds shall be issued and sold in anticipation of defer- red payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was fin. ally passed and adopted as pro. posed, by the City Council this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB. RUBEN V. AUSTIN, LEO N. SC'HUEI.LER. Councilmen Attest: J. J. SIiFA, City Clerk Councilman Schueller moved the adoption of the resolution. Sec. onded by Councilman Austin Car. ried by the following vote: Yeas- Mayor Russo, Councilmen Austin. Kolb, Schueller, Welu. Nays- None. (Ordering Construction) RESOLUTION NO. 111-52. Be it resolved by the City Coun. cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 81- 52 which was duly passed by this Council, for the im- provement of Hamilton Street with curb and gutter from the east property line of Lincoln Avenue to the west property line of Pres- cott Street be and the same are hereby ordered and constructed by this Council upon its own motion and with the petition of property owners. All the work shall be con. structed in accordance with the Plans and specifications heretofore adopted and now on file in the Office of the City Clerk. 1 Be it further resolved that the, `cost and expertee of the said im. provements be paid for by levying special assessments against the pri-vately owned prolxvty lying, with - In the assessable distance from the improvements, whether such Property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency Kill be paid out of the street improvement, or sew- er funds of the city, or partly from each of such funds. Payment will be made to the contractor out of Special Session, March 22, 1952 Vey funds realized from the sale of bonds to be issued in anticipation of deferred payment,; of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be it further resolved that the City Clerk be and he is hereby or- dered 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 seven calendar days after no- tice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of Immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Kolb moved that the resolution just read being a resolution ordering a street Im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas ---Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Lawther Street with curb and gutter from the west property line of Burden Ave- nue to the east property line of Brunswick Street, estimated cost $2,144.00, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays. None. (DecisIon of Council upon obiac- tions to plans, specifications, form of contract and cost of Improve- ments.) RESOLUTION NO. 112-52. Whereas, proposed plans and specifications and form of con- tract for the improvement of 1Aw- ther Street with curb and gutter from the west property line of Burden Avenue to the east proper- ty line of Brunswick Street have been approved by the City Coun- cil of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such Improvements, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.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 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 Me - Ord in connection with said im- provement. Ihii special Sccsion. %larch 22. 1952 Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU. RAY F. KOLB, RUBEN V. AITSTIN, LEO N. SC.HUTEL LER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote, Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays ---None. (Necessity for Improvement) RESOLUTION NO. 84-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the the proposed improvement and kind of material to be used. B. In each case the amount thereof which is estimated to be as. sessed against each lot, for the im. provement df Lowther Street with curb and gutter from west proper. ty line of Burden Avenue to the east property line of Brunswick Street. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- i sessments, they shall be deemed ! to have waived all objections thereto. Said improvement shall be con. j 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 ('Ity 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 to 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 benefit; conferred thereby, and any deficiency shall be paid out of the street funds Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceods thereof used to pay the con- tractor. The above resolution was intra ducivd, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution wan finally passed and adopted, as pro posed, by the city Council this 22nd day of March, 1952. ROMOLO N. RUSSO. Mayor. C'LARENCE P. WELU. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUE LLER, Councilmen. Attest: J. J SHI A, City Clerk. Councilman Austin moved the adoption of the. resolution. Sec- onded by Councilman Schueller. Carried by the following vote. Yeas Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays None. (Ordering Construction) RESOLUTION NO. 113-52 Be it resolved by the City Coun• cil of the City of Dubuque that pur auant to a resolution of necessity No, 84----52 which was duly passed by this Council, for the improve- ment of Lawther Street with curb and gutter from west property line of Burden Avenue to the east property line of Brunswick Street be and the same are hereby or. dered and constructed by this Council upon its own motion and with the petition of prorerty own Special Session, March 22, 1952 161 ers. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im- provements be paid for by levy- ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, accord- ing to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before the 15 calendar days after notice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Schueller in o v e d that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im- provement of Ramona Street with curb and gutter from 240 feet north of the north property line of Ade. line Street to 100 feet south of the south property line of Adeline Street, estimated cost $2,024.95, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Austin moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Decision of Council upon objec. tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 114-52 Whereas, proposed plans and specifications and form of contract for the improvement of Ramona Street with curb and gutter from 240 feet north of the north prop- erty line of Adeline Street to 100 feet south of the south property line of Adeline Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.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 parties have been given an opportunity to be heard and all objections which Ih'_ Special Secs ion, March 22, 19S2 have been filed have hcen duly weighed and considered; now, therefore Be It Resohed by the City ('oun cif of the City of Dubuque, that all objections which have been made and filed to the plans, specifica. tions, contras: for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said. improvement be made a matter of permanent record in connection with said im. provement. Passed, adopted and approved this 22nd day of March, 1952, ROMOLO N. RUSSO, Mayor CLARENCE P. WF_Ltt, RAY F. KOLR, RUBEN V. AUSTIN. LEO N. SCHUELIXR. Councilmen Attest: J. J. SHEA, City ('Jerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Schueiler. Carr ried by the following vote.. Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. (Necessity for Improvement) RESOLUTION NO. 87---52 Whereas, propOwl plans, speci fications, form of contract, plat and schedule have been duly Prepared and approved by the City Council Of the City of Dubuque and are now on file in the office of the City ('Jerk shooing among other things the following, I. The boundaries of the district, if any. 2. The streets to bc- improved 3. The width of such improve. Ment. 4 Each lot propo.eel to be a, se'j.ed together with a valuation '-ed by the council. S. An estimate of the cost of the proposed impn.►vement. and kind Of materiAl to 1*: us,�J. 6. in each case the amount there. of which is estimated to he as. sensed against each lot, for the in. provement of Ramona Street with curb and gutter from 240 feet north of the north property line of Ade. line Street to 100 feet south of the south property line of Adeline Street. Be It Therefore Resolved that the City Council on its own motion 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 props,>ed re solution have on file uith the City Clerk ob.. jections to the amount of the pro- posed assesmQnts, they shall be deemed to have waived all objec- tions thereto. Said tmprovemetet shall lx• con- structed and done to accordance uith 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 ('Jerk. That the host and expense of making said improve• ment will be asaessed upon and against all pt ivately owned prop - city lying utthin assessable dist- ance provided by law and in an amount not to exceed the amount proviJed by law, property will be assessed whether the came abuts thereon or is adjacent thereto ac. cordinx to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, and sewer funds .,r partly out of each of said funds. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has hcen performed and accepted and the proceeds thereof used to pay the contractor The above resolution was intro- duced, approved and ordered plac- ed on file with the ('itv ('Jerk tht. 3rd day of March. 1952 The for 201nit relrolutton was finally passed ad art,rted, as proposed, by the Special Session, March 22, 1952 163 City Council this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CI,ARENCE Y. WELU, RAY F. K01.B, REI?BEN V. AUSTIN, LEO N. SCili'EIA,ER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—•Mavor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Ordering Construction) RESOLUTION NO. 115--52 Be it resolved by the City Coun- cil of the city of Dubuque that pursuant to a resolution of neces- sity No. 87 52 which was duly passed by this Council, for the im- provement of Ramona Street from 240 feet north of the north proper- ty line of Adeline Street to 100 feet south of the south property line of Adeline Street be and the some are hereby ordered and con- structed by this Council upon its own motion and with 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- provemenLs 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 ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and tiny deficiency will be paid out of the street improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before the 15 calendar days after notice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Schueller moved that the resolution just read be- ing a resolution ordering a street improvement be now considered complete in form for final pass- age and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of the south side of Simpson Street with curb and gutter from the west property line of Fremont Avenue to a point 125 feet west of the west property line of Cross Street, estimated cost $4,711.48, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Austin moved that the proof of publica- tion be received and filed. See. onded by Councilman Welu. Car- ried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schuctler, Welu. Nays, --None. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im- provements.) m- provements.) RESOLUTION NO. Jib. -52 i Whereas, proposed plans and specifications and form of contract for the improvement of the south side of Simpson Street with curb 164 Special Session. March 22, 1y52 and Mutter from the west property line of Fremont Avenue to a point 125 feet west of the west property line of Cross Street have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 22nd day of March, 1952, and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9;010 o'clock A.M. at the Council Chambers in the City Rall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plana, specifications or con- tract for or coat 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, spe- cifications, 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 con- tract for or cost of said improve- ment be made a matter of perma- nent record in connection with said improvement Passed, adopted and approved this 22nd day of March, 1952, ROMOLO N. RUSSO, Mayor. CLARENCE P. WFI,t', RAY F. KOLB, RUBEN V. AUSTIN, LF.O N. S(1JfUELLk.R, Councilmen Attest: j, J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Sec. onded by Councilman Kolb. Car. ried by the following vote: Yeas- -Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays None. (Necessity for Improvement) RESOLUTION NO. 90--52 Whereas, proposed plans, speel• fications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the fololwing 1. The boundaries of the dis- trict, if any. 2. The streets to be improver]. 3. The width of such improve- ment. 4 Each lot proposed to be as- sessed together with a valution fixed by the council. 5 An estimate of the cast of the proposed improvement. 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 the south side of Simpson Street with curb and gut• ter from the west property line of Fremont Avenue to a point 125 feet west of the west proper :y tine of Cross Street. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement. and unless property owner~ 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. momenta, 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 Fngineer which have been approved by the CRY Council and are now on file with the City Clerk That the cost and expense of making said improve- nwnt will be assessed upon and against all privately owned prop erty lying within axseysabie dix tante provided by law unci in an Special Session, March 22, 1952 165 amount not to exceed the amount special assessments against the provided by law, property will be privately owned property lying assessed whether the same abuts within the assessable distance thereon or is adjacent thereto ac- from the improvements, whether cording to arca and in proportion such property abut upon the same to the special benefits conferred or are adjacent thereto, according thereby, and any deficiency shall to the area thereof and in pro- be paid out of the street fund. portion to the special benefits con. Street improvement bonds shall be ferred, and any deficiency will be issued and sold in anticipation of paid out of the general, improve - deferred payments of assessments ment, or sewer funds of the city, when a contract has been per- or partly from each of such funds. formed and accepted and the pro. payment will be made to the con- ceeds thereof used to pay the con- tractor out of funds realized from tractor. the sale of bonds to be issued in The above resolution was intro- anticipation of deferred payments duced, approved and ordered of assessments as provided by law placed on file with the City Clerk after the work has been completed this 3rd day of March, 1952. and accepted by the City Council. The foregoing resolution was Be it further resolved that the finally passed and adopted, as pro- City Clerk be and he is hereby posed, by the City Council this ordered and directed to advertise 22nd day of March. 1952. for proposals for the construction ROMOLO N. RUSSO, of the various improvements here - Mayor. in provided for in the manner pro- CLARENCE P. WELU, vided by law, the said improve - RAY F. KOLB, ments shall be completed on or REUBEN V. AUSTIN, before the 15 calendar days after LEO N. SCHUELLER, notice to proceed is issued. Councilmen. Be it further resolved that this Attest: I I SHEA, resolution being deemed urgent City Clerk. and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for i final action this 22nd day of March, 1952. Councilman Schueller moved that the resolution just read be- ing it resolution ordering a street improvement be now considered complete in form for final pass- age and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least. one week before final adoption. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans. Specifications, form of contract I and cost of improvement for the improvement of the east side of Stetemore Street from the south property line of Lombard Street Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays None. (Ordering Construction) RESOLUTION NO. 117—S2 )3e it resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 90- .52 which was duly passed by this Council, for the improve• ment of the south side of Simpson Street with curb and gutter from the west property line of Fremont Avenue to a point 125 feet west of the west property line of Cross Street, be and the same are here- by ordered and constructed by this Council upon its own motion and 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 offioe of the City Clerk. Be it further resolved that the cost and expanse of the said im- provements ba paid for by levying 166 Special Session. March 22. 1952 to a point 880 feet south, estimated cost $1,486.23. presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Kolb moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Austin. Car- ried by the following vote: YeaR- Mayor Russo, Councilmen Austin. Kolb, Schueller, Welu. Nays-- None. (Decision of Council upon objet• tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION NO. 116--S2 Whereas, proposed plans and specifications and form of con- tract for the improvement of the east side of Stetmore Street with curb and gutter from south proper- ty line of bombard Street to a point 680 feet south have been ap. Proved by the City Council of the City of Dubuque and public no- tice given as provided by Chapter 391 of the Code of Iowa, 1950, per. taining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 22nd day of March, 1952. and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.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 he 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 revolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, spe. cifications, 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 nil 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 rec. ord in connection with said im. provement. Passed, adopted and approved this 22nd day of March, 1952. ROMOI,O N. RI'SSU, Mayor. CI.ARENCE 11. WEI.Ii, RAS' 1: , K01.13, RUBEN V. AUSTIN. I.EO N. SCH1?EI.LER. Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution Sec• onded by Councilman Schueller. Carried by the following vote: Yeats- Mayor Russo. Councilmen Austin, Kolb, Schueller, Welu. Nays None (Ne►eessfty for Improvement) RESOLUTION NO. 93--52. Whereas, profx,srd plans, speci• fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and now on file in the office of the: City Clerk showing among olh- er things the following: I. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot prupo)wd to be as- seased together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used 8. In each case the amount thereof which is estimated tm be assessed against each lot, for the Improvement of the oast side of Stetmore Street with curb and gut- ter from the south prolwrty line of Lombard Street to u pmtnt 660 feet south. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improve ment, and unless property owners Special Session, March 22, 1952 167 at the time of the final consider- 1 ation of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shalt be deemed to have waived all ob. I jections thereto. Said improvement shall he con- I 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 one file with the City Clerk. That the cost and ex- pense of making said improvement will he 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 arca and in proportion to the spe- cial benefibs conferred thereby, and any deficiency shall be paid out of the street fund. Street improve- ment bonds shall be issued and sold in anticipation of deferred payments of rssessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952 The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WF•LU, RAY F. KOLB, REUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Sc•hueller moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas- Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays None. (Ordering Construction) RESOLUTION NO. 119-52 Be it resolved by the City Council of the City of Du- buque that pursuant to a resolu- tion of necessity No. 93-52 which was duly passed by this Council, for the improvement of the east side of Stetmore Street with curb and gutter from the south side property line of Lombard Street to a point 660 feet south be and the same are hereby ordered and constructed by this Council upon its own motion without the peti- tion of property owners. All the work shall be constructed in ae- cordance with the plans and spe- cifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im. provements be paid for by levying special assessments against the pri. vately owned property lying with- in the assessable distance from the improvements, whether such prop- erty abut upon the same or are ad- jacent 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 sew- er funds of the city, or party 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 before the 16 calendar days after notice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and j after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com plete in form for final passage 168 Special Session, March 22, 1952 and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, speci- fications, form of contract and cost of improvement for the improve- ment of Strauss Street with curb and (flutter from the west property line of Burden Avenue to the east property line of Brunswick Street. estimated cost $2,384.71, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-- None. Councilman Austin moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote. Yeas ---Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nay& ---None. Messrs John Glaser, Art Kleih and Wm. Beutin addressed the Council allting that they are in favor of the proposed improvement of Strauss Street with curb and gutter and requested that Council Proceed with said improvement Mr. Bud Schargitz addressed the Council stating that he represented some property owners that are sub- ject to aasesment for the propsed improvement of Strauss Street and requested that Council iwstprone ac- tion at this time on the proiwsed improvement of Strauss Street. To THE CITY COUNCIL OF DUBUQITE, IOWA We, the undersigned, are own - era of property subject to assess- rrient for the improvement of Strauss Street, from the W P. L. Burden Avenue to the Is P. L, of Brunsssick Street, by the installa. tion of curb and gutter proposed on the general street improvement program and we wish to have this portion of Strauss Street deleted from the program. Francis Schargitz, 2812 Aaike Street Mr. and Mrs. John Rohr, 2811 Burden Avenue Mr. and Mrs. Jerome Henkel, 2790 Balke Street Mr, and Mrs. Clarence Steger, 2759 Burden Ave. Mrs. Katie Ktwrner, 2751 Burden Ave. Mrs. F. R. Travis, 2803 Burden Avenue Camillus R. Hein, 2801 Balke Street Peter Hermes, 2807 Burden Ave. Frank Schargitz, 2800 Balke Street Joseph M. 'rrumm, 2780 Balke Street C. J. Slay, 2820 Brunswick Street Terrence N. O'Toole, 515 Strauss Street Councilman Austin moved that the petition be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas ----Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu Nays-- -None. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im• prevoments. ) RESOLUTION NO. 124-54 Whereas, proposed plana and specifications and fora► of contract for the improvement of Strautis Street with curb and gutter from the west property line of Burden Avenue to the east property line of Brunswick Steret have tx en aµ proved by the oty Council of the City of Dubuque ani public notice given as provided by t'hapter 3111 of the Code of Iowa, 1950, perla►n lug to public contracts ind bonds. and the time and place fixed for the hearing of all obit -coons to said plans, specifications or contract for or cost of ouch improvements, said time being this 22nd day (If March. 1952, and Whereas, the City l MVictl met in special session this 22nd day of March, 1952 at 900 n,(+wk A %I at the Council t'hamlx,rs in the City Rall for the purfxrse of healing all Special Session, March 22, 1952 169 interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City 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 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, I.EO N. SCHUELLER, Councilmen .Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yea.c--Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. (Necessity for Improvement) RESOLUTION NO. 96-52 Whereas. proposed plans, speci- fications, form of contract, plat and schedule have ben duly prepared and approved by the City Council of the City of Dubuque and are tiow 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 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 improve- ment of Strauss Street with curb and gutter from the west property line of Burden Avrnue to the east property line of Brunswick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objec- tions to the amount of the proposed assessements, 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 Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improve- ment bonds shall be issued and sold 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 above resolution was intro' edcon f leapproved the Cityordered Clerkplac- this 3rd day of March, 1952. The foregoing resolution was fill - ally passed and adopted, as pro. 16R Special Scsaion, March 22. 1952 and further move that the same be I tion of curb and gutter proposed placed on file with the City Clerk on the general street improvement and remain on file for public in- program and we wish to have this spection for at least one week be- portion of Strauss Street deleted fore final adoption. Seconded by from the program. Councilman Schueller. Carried by Francis Schargitz, 2812 Balke the following vote: Street Yeas ---Mayor Russo, Councilmen Mr. and Mrs. John Rohr, 2811 Austin, Kolb, Schueller, Welu. Burden Avenue Nays—None. Mr. and Mrs. Jerome Henkel. Proof of publication, certified to 2790 Balke Street by the publishers, of notice of pen- Mr. and Mrs. Clarence Steger, dency of resolution of necessity and 2759 Burden Ave. hearing upon proposed plans, speci- fications, form of contract and cost of improvement for the improve- Ave. ment of Strauss Street with curb Mrs. E. R. Travis, 2MI Burden and gutter from the west property Avenue line of Burden Avenue to the east I Camillus R. Hein, 2801 Balke property line of Brunswick Street, Street estimated cost 52,384.71, presented Peter Hermes, 2807 Burden Ave. and read. Frank Schargitz, 2800 Balke Councilman Kolb moved that the Street proof of publication be received Joseph M. Trurnm, 2780 Balke and filed. Seconded by Councilman Street Austin. Carried by the following C. J. May, 2820 Brunswick Street vote: Terrence N. O'Toole, 515 Strauss Yeas ---Mayor Russo, Councilmen Street Austin, Kolb, Schueller, Welu. Councilman Austin moved that Nays—None. the petition be received and made Councilman Austin moved that a matter of record. Seconded by the rules be suspended for the pur- Councilman Kolb. Carried by the pose of allowing any one present In following vote: the Council Chamber, who wishes Yeas --Mayor Russo, councilmen to do so, to address the Council. Austin, Kolb, Schueller, Welu. Seconded by Councilman Schueller. Nays—None. Carried by the following vote: (Decision of Council upon ob- Yeas--Mayor Russo, Councilmen factions to plans, specifications, Austin, Kolb, Schueller, Welu. form of contract and cost of im- Nays—None. I pravements.l RESOLUTION NO. 140--S2 Whereas, proposed plans and specifications and form of contract for the improvement of Straus~ Street with curb and gutter from the west property line of Burden Avenue to the cast properly line Of Brunswick Steret have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 381 Of the (.ode of Iowa, 1850, pertain - IRS to public contracts and bonds, and the time and place fixed for the hearing of all objections to said Plans. specttications or contract for or cast of such improvements, said time being this 22nd day of March, 1852; and Whereas, the City Council met in special session this 22nd day Of March, 1952 at 9:00 o'clock A.M. At the Council Chambers in the City Hall for the purpose of hearing all Messrs John Glaser, Art Kleih and Wm. Beutin addressed the Council stating that they are in favor of the proposed improvement of Strauss Street with curb and gutter and requested that Council Proceed with said improvement. Mr. Bud Schargitz addressed the Council stating that he represented some property owners that are sub• ject to assessment for the propsed lmerovement of Strauss Street and requested that Council post{wne ac- tion at this time on the proposed improvement of Strauss Street, TO THE CITY COUNCIL OF DUBUQUE, IOWA We, the undersigned, arc own. ers of Property subject to assess- ment for the improvement of Strauss Street, from the W p L Burden Avenue to the E. p, L. of L. Brun"wick Street, by the install&• a. e, Special Session, March 22, 1952 169 interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have b -en 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 22nd day of March, 1952. ROMOlk N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, IXO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote; Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. (Necessity for Improvement) RESOLUTION NO. 96-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have ben duly prepared and approved by the City Council of the City of Dubuque and are tiow 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 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 ;he improve- ment of Strauss Street with curb and gutter from the west property line of Burden Avenue to the east property line of Brunswick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objec- tions to the amount of the proposed assessements, 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 Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conierred thereby, and any deficiency shall be paid out of the street fund. Street improve- ment bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ae. cepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. 'Che foregoing resolution was fin- ally passed and adopted, as pro- 170 Special Session, March 22, 1952 posed, by the City Council t 22nd day of !March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLF.R, Councilmen Attest: J.J. SHEA, City Clerk Councilman Schueller moved th adoption of the resolution. Second ed by Councilman Austin. Carrie by the following vote: Yeas—Mayor Russo, Councilme Austin, Kolb, Schueller, Welu. Nays—None. (Ordering Construction) RESOLUYION NO. 121-52 Be It Resolved by the City Coun cil of the City of Uubuque tha Pursuant to a resolution of neves city No. 96.52 which was dui Passed by this Council, for the im provement of Strauss Street with curb and gutter from the west property line of Burden Avenue to the east property line of Brunswick 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. fie 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 within the assessable distance from the improvements, Whether such prop• erty abut upon they 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• tmen s a scom provided yl'3W after the p .ted and ac- cepted by the City Council. B(' It F'utther Resolver! that the City Clerk be and he is hereby oider..d and dlrecteed to advertise his for proposals for the construction of the various improvements herein provided for in the manner provid. ed by law• the said improvements shall he completed on it before 17 calendar days after notice to ! proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and e after its pas..age. and adoption by . the City Council. r d Anprovrd and placed on file fu final action this 22nd day of March, n 1952, Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be t placed on file with the City Clerk ant remain on file for public in- spection for at least one week be. fore final adoption. S^conded by Councilman Schueller. Carried by the following vote: Yeas ---Mayor Russo, ('ouncilmen Austin, Kolb, Schueller, Welu. Nays --None. Notice of Claim of Albert S Ilen- kel in the amount of $27.52 for damages to a tire and tube on his car caused by the terrible condi. tion of Fink Street• presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman IAustin. Carried by the following vote: ! Yeas ---Mayor Russo,('ouncilmen Austin, Kolb, Schueller, Welu. Nays None. Notice of Claim of Jack Need. ham in the amount of $24.115 for damages to a tire and tube caused by striking a ditch on Fink Street, presented and read. I Councilman Kolb moved that the Notice of Clain, be referred to the City Solicitor for investigation and report. Seconded by C'ouncilinau Schueller. Carried by the follow ing vote: Yeas -,--Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays- None. 'notice of clain, of Mrs. Hilda Poole in the amount of $10.75 for damages caused in a fall by trip. Ping over an iron barred culvert I a. Special Session, March 22, 1952 1'71 in front of the residence located at 549 West Fifth Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas ---Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. Original Notice of Suit of Frank Schmitt, Plaintiff vs. City of Du- buque, a Municipal Corporation, Defendant in the amount of $1,000 for injuries received in a fall on an icy sidewalk approximately at the southeast corner of Avoca Street and Cherry Street, present- ed and read. Councilman Welu moved that the Original Notice of Suit be re- ferred to the City Solicitor. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas ---Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. March 5, 1952, Mr. John J. Shea, City Clerk, Dubuque, Iowa. Re: Permit No. 52--193, 412 ft. of 8 in. Sanitary Sewer on Mount Vernon Court. For the attention of the Hon. Mayor and Council. Gentlemen: In accordance with the provisions of the Iowa Stream and Lake Pollution Law, Section 135.26, Code of Iowa, 1950, a per- mit is issued for the above project for which plans and specifications have been received in this office. This permit is issued subject to the following conditions and re- quirements. 1. That the minimum slope of the sewers will be 0.4% as stated in letter dated February 23, 1952, from your City Engineer. 2. That planning for adequate sewage treatment facilities for the wastes from the City will be con- tinued so the construction can be completed as set forth in your ap- plication for permit dated July 24, 1951. The application for permit covers sanitary sewer and pump- ing station, extending present sys- tem to Dubuque Packing Co. and residential area. 3. The approval of these pIrns and the issuance of this permit do not constitute approval of the dis- charge of untreated wastes into the Mississippi River. We are retaining one copy of the approved plans for our files and returning the other copy to the office of the City Engineer. For the Commissioner. Very truly yours, P. J. HOUSER, Director, Division of Public Health Engineering. Councilman Welu moved that the communication be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Communication of the Depart- ment of the Army, Board of Engi- neers for Rivers and Harbors, Washington, D. C., submitting No- tice of Public Hearing, Mississippi River above the Missouri River for flood protection, Guttenberg, Iowa, to Hamburg Bay, Illinois, hearing to be held at 2:00 P. M. on April 10, 1952, Gravelly Point, Vir- ginia, presented and read. Councilman Austin moved that the communication be received and filed. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Petition of John A. Glaser and others, property owners in the 2700 Block on Brunswick Street, requesting that Council authorize curb and gutter next to their prop- erty line, leaving no room for side- walks, the cost of this improve- ment to be assessed against their property and that the City at no expense to them surface this block on Brunswick Street with crushed stone, presented and read. Councilman Welu moved that the petition be referred to the City Manager and City Engineer for in- vestigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Petition of George Gabel and 172 ,cp©tial Scasion, March 22, 1952 ~ rolvesung the Installation d t gtM 1i/bt on Pinard Street btl* M W and 20th Streets, proentted and read. Councilman Welu moved that Ire pMon be roforred to the City »>jgW and Electrical Inspector tits neornmendstion and report. SeowWW by Councilman Schuel- ler. Carried by the following vote: Yeas ----Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. Petition of Mike Sand and oth- ora, property owners on Davenport Street, requesting that curb and gutters be put In and the street graded according to the plat there- of from National Street to Stolta Street, presented and read. Councilman Welu moved that a plat and schedule be prepared covering the request. Seconded by Councilman Kolb. Carried by the following vote: Yea#- Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Petition of McDonnell Excavat- ing Service requesting permission to excavate in the streets and al- leys in accordance with the pro- visions of Ordinance No. 45--51, presented anti read. Councilman Welu moved that the ;request be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeaa•--Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Petition of Christ Bogas re. questing a refund In the amount Of $26,00 en the unexpired portion of h)s Cigarette Permit No, 2(10, as ha has discontinued busineas on March 8, 1052, presented and read. Councilman Kolb moved that the request be granted and the City Auditor be instructed to draw a warrant 1n the amount of $25.00 In favor of Christ Boggs to cover the amount of refund granted on the unexpired portion of his Clgar• Otte Permit 200. Seconded by (,ouncllntan Welu. Carried by the 1 following vote: Yess• Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nqs--None. ing alt con refund in t Christ anouneof, $150.00 on the unexpired portion i of his (Ion "B" Beer Permit No. 127, as he has discontinued bust. ness on March 3, 1952, presented and read. Councilman Kolb moved that the request he granted and the City Auditor he instructed to draw a warrant In the amount of $15(1.00 in favor of Christ Bolas to cover the amount of refund granted on the unexpired portion of his (,lass "B" Beer Permit No, 127. Sec- onded by Councilman Schueller. Carried by the following vote: Year- Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays- None. Petition of Anna Heiar request - Ing a refund in the amount of $25.00 on the unexpired portion of her Cigarette Permit No. 248, as she has discontinued business on March 18, 1952, presented and read. Councilman Kolb moved that the request be granted and the City Auditor be inhtructed to draw a warrant in the amount of ;25.00 in favor of Anna Heiar to cover the amount of refund granted on the unexpired portion of her Ci- garette Permit No. 248. Seconded by Councilman Schueller. Car- ried by the following vote: Yeas," Mayor Russo, Councilmen 4ustin, Kolb, Schueller, Welu. Nays—None, Petition of Highland Realty Com - )any requesting the grading of the Astted alley between Strauss street and Windsor Avenue along lurden Avenue, presented and ead. Councilman Schueller m o v e d Ithat the petition be referred to the City Manager to confer with Mr. Horner Butt of the Highland Realty Company with reference to the Petition. Seconded by ('ouncilman Welu. Carried by the following vote: Yess Mayor Russo, Councilawn Austin, Kolb, Schueller, Welu. Nays ----None. Petition of Key (-ity Plumbing and Heating Company requesting permission to do excavating in the streets and alley, of the. ('sty of ivubuque, presented and read. Councilman We4u moved that the requebt be granted !seconded W Special Session, March 22, 1952 173 by Councilman Kolb. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welti. Nays -None. Petition of Dubuque American Legion Building Corporation re- questing permission to replace the existing stairway and platform for the main emergency exit in the alley at the rear of the building located at Fourth and Locust Streets, presented and read. Councilman Welu moved that the request be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas- Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. ORDINANCE NO. 10--52. An Ordinance granting to Du- buque American Legion Building Corporation, Dubuque, Iowa, its successors and assigns, the right to construct and maiptain stairway and platform in the alley between Main and Locust Streets between Third and Fourth Street, adjacent to its building and prescribing the conditions of such permit, present- ed and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays—None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun cilman Schueller. Carried by the followirm vote: Yeas Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays—None. Councilman Welu moved that the ordinance just read being an ordinance granting the right to use or occupy a public place be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays --None. Petition of the Independent School District of Dubuque, Iowa, requesting permission to install a sanitary force main sewer for the accommodation of the new Irving School to be located on Pennsyl- vania Avenue, as per attached plat, presented and read. Councilman Austin moved that the request be granted, the work to be done in accordance with city specifications and that proper pro- ceedings be. prepared. Seconded by Councilman Kolb. Carried by the following vote: Yeas ---Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Council Proceedings for the months of November and Decem- ber, 1951, presented for approval. Councilman Welu moved that the Council Proceedings for the months of November and Decem- ber, 1951, be approved as printed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays ---None. ORDINANCE NO. 11-52. An Ordinance Amending Ordi- nance No. 33--49 known as The Traffic Code of the City of Du- buque. by adding a new Section thereto designating the Streets or Routes over which Motor Carriers shall travel within the City, pre• rented and read. Councilman Welu moved that the reading just had be considered I the first reading of the ordinance. I Seconded by Councilman Kolb. Carried by the following vote: Yeas—Mayor Russo, Councilmen I Austin, Kolb, Schueller. Welu. Nays—None. Councilman Welu in that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun-cilman Kolb. Carried by the fol. I lowing vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-- None. ORDINANCE No. 11.52 A.Ordinance Arnendlnit Ordinance No. 33-49 known as The Traffle Code if new Section the City of l theret a dealsnatlnthe s over ``g Motor t Carriers eor thalle travel wltthln the cur. BE 1T ()ItIAAINEI) BY THE CITY rOXIN(41L OF THE CITY OF DV- Bt1QUE: 174 Special Session, March 22_ 1952 -.,tion 1. That Ordinance No. 22-0 ; the extent of claimant's injuries known as The Traffic Code Is hereby amended by adding a new section had not become definite and the 1� oto to be known as section 15.28 city Solicitor, consequently, was as follows: unable to make any recommenda- 'ysetlen 16.48. Motor carriers shall travel over marked highways when I tions. Subsequently, on January =opp�eerated within the City limits and 17, 1951, claimant instituted an a( - not not depart therefrom except that any motor carrier whose detlnstton Is tion in District Court founded on in atythatpointart on from he Mich I this claim asci asking damages teea nearerrove" oto itstly destination tion and in the amount of $10,000.00. tion and any motor carrier whose trip This office has made an irrvesti originates within the City may travel by the moot direct route to that point gation of the tact, and has deter. on a marked hifhway nearest to such point of origin. ' mined that claimant tell on rough Section 2. This ordinance shall be and uneven ice which had been on In full force and effect from and after y - the sidewalk for several days. She Its rial npanage, adoption and publi- cauon as by law provided. sustained a fractured of her left 1962. Introduced the 22nd day of march femur which proved difficult in Rule requiring reading on three healing and no union was effected separate days suspended by unanim- until the Fall of last year. She ow vote the 22nd day of )larch 1952, has now recovered sufficiently to Passed, ado ted and approved this sited day of march It 2. be able to walk with a crutch Romolo N. Russo and may soon he able to walk with Mayor Clarence P. Welu a cane. She has, of course, been Ray F. Kolb Ruben V. Austin unable to work and has sustained t.eo V. 8chceller loss of wages in the amount of r y Ateest: I x rlwa Councilmen $998 per year for three ears, Her medical expense amounts to ral�tlrws in The zda $1,00756 to date. aoraDk-H� face thin 81st dny )taro J. J. Shea I have conferred on this matter itxartl City Clerk with Kenline. Roedell, Hoffman and Reynolds, attorneys for claim- ant and have entered into an agree- ment to settle this action for the sum of $3,014.50. I recommend that this settlement be approved and the City Auditor be instructed to issue a warrant payable to Anna Link and lial F Reynolds. her attorney, in the amount of $3,014.50 and to deliver the same upon the receipt of a Properly executed release and the dismissal of said action with pre- judice at plaintiff's costs. Respectfully submitted, T. 11 NF,ISnY. Councilman Kolb moved that the recommendation of ('ity Solicl for Nelson be approved and the City Auditor be instructed to draw a warrant in the amount of $3,014.- 50 in favor of Anna Link and Hal F. Reynolds, her attorney, as settle - merit j merit of the claim and court ac- tion, and that said warrant be de. livered upon receipt by the City of Dubuque of a properly execut- ed release and the dismissal of said action with prejudice at plain- tiff's costs, Seconded by council- man Schueller. Parried by the fol- lowing vote: Yeas—Mayor Russo, Councilmen Councilman Welu moved th adoption of the ordinance. sec- onded by Councilman Kolb. Car ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Communication of the City of Dubuque Airport Commission sub. mitting a report of the activities and accomplishments of the Du. buque Airport Commission since its organization in September, 1950, presented and read. Councilman Kolb moved that the report be received and placed on file. Seconded by Councilman Austin. Carried by the following vote: Yeas -*Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays._ None, March 4, 110n. Mayor and Members 1052, of the City Council, City of Dubuque, Iowa. Gentlemen: April 4, 1949, the claim of Anna Link for damages received in a tall on an icy side• walk at 30th and Central Avenue, on February 18, 1949, was tiled with the City Council and referred to the City Solicitor. At that time Special Session, March 22, 1952 175 Austin, Kolb, Schueller, Welu. Nays --None. March 19, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of February, 1952: also list of claims and list of payrolls for which warrants were issued for the month of February, 1952. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Austin. Carried by the following vote: Yeas Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays None. March 12, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of the Dubuque Safety Council requesting the City Manager and City Council to make a careful study of a hazard that now exists on Dodge Street be- tween Booth Street and Grandview Avenue relative to auto accidents and traffic tieups was referred to the City Council to view the grounds. The decision of the Council after viewing the grounds was to in- struct the City Manager to contact the State Highway Commission relative to reconstruction of High- way 20 within the city limits and the time at which they propose to do this work if it is in their con- struction program. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. March 12, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Joseph C. Lytle and others asking that the City Council grant them the opening of an alley from Ryder Street to Bradley Street at the rear of their properties, was referred to the City Council to view the grounds. The decision of the Council after viewing the grounds was that it is not practical to grade this alley at the present time and to defer any improvements until such time as the property west of the alley is improved. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. March 12, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The term of William Zuker serv- ing on the Police and Fire Pension Board expires April 1, 1952. The city also has an appointment to make on the City Assessor Ex- amining Board. The term in office for this appointment is four years and is made effective August 25, 1952. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that Mr. William 'Luker be reappointed as a member of Police and Fire Pension Board for a term of four years, said term expiring April 1, 1956, also that Councilman Leo N. Schueller be appointed as a mem. ber of the City Assessor Examin. ing Board. Seconded by Council- man Kolb. Carried by the follow- ing vote: 176 Special Session, Much 22, 1952 Yeas,-Yayar Russo, Councilmen Austin, Kali, Schneller, Wells. Nays—None. March 12, I= To the Honorable Mayor OW C1t7 Csraneil, Deb"ve, Iowa. Hasse wn: I hove a request from Mr. lfuSb Callahan, Chief of Police, to send a member of the Police Deptartment to the Traffic InstHnte of North- western University from April 2" to May IMb, 1 recommend that this request be granted because I believe that this type of training is beneffciat to the Pence Department and to the City of Dubuque. Respeedwily stain lad, Clty meow. Councilmaq ]Kolb moved that the recommendation of City Man. sger ticittlts be adepted. Sec. ended by Ceuneftmsa Welu. Car. ried by Me following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays.—None, March 12, 1.952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Petition Robert L. Baumhoved r and otherb resting 60 opening of the M�ffily s Windsor Avenue and Wsta Sttt+ast and between swim ill[ssct am I.awther Street Iwo idolrod Mt ON city Council to VkV We grouals. The decision of the Council after viewing the VVAV s was that the opening of this alley would create serious drainage problems and Possible damage to adjoining prop. erty owners, also a great expense to the property owners in the con. utruction of concrete retaining wall. The decision of the Council was that the petition be denied and t m"Millesad that this decision of Your bo"alai* body lm confirmed. RMtiegHully submitted, L. J. SCHILTZ, city Manager. Councilman Kolb moved that the recommendation of City fNsn- ager Schiltz be adopted, 8ec- onded by Councilman Austin. Car. ried by the fol lowing vote Yeas --Mayor Russo, Councilmen Austin, Kolb, Schuellkr, Welu Nays—None. March 12, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentletnen The petition of Mrs. Glenn Ball and others, together with the com. munication of Luras College, ask• ing for the opening of West 16th Street for continuous travel in the 500 and 600 blocks wah referred to the City Clouncil to view the grounda. The decision of the Council after viewing the grounds was that in• vestigation be made of the feass bility of opening Sixteenth Street in the 500 block and that it was impractical at this time to open a new street to connect West 16th and West 17th Streets. I recommend that the decision of the Council be. confirmed. Respectfully submitted, L. J. SCHIL'17, City Manager. Councilman Austin moved that the recommendation of City Man ager Schiltx he approved. Sec onded by Councilman Schueller Carried by the following vote: Yeas—•Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. March 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have a letter from Ur. A. J. Entringer, Director of Public Health, calling to my attention that poultry and other fresh meats are being sold on the City Central Market, Section 170.27 of the Code of Iowa provides that no person shall make any sidewalk or street dis Play of meat products Other food products may be displayed if they are enclosod in a showcase ni similar device to protect them from fliee, dust or other contansinstimi Special Session, Match 22, 1952 177 In view of the fact that this section of the code is in conflict with some of our city ordinances, I recommend that a study be made of the existing ordinances to de- termine which should be amended or repealed, and that the City Solicitor be instructed to prepare a new ordinance covering the operation of tho Central Market Respectfully submitted, L. J. 5CHILTZ, City Manager. Councilman Kolb moved that the communication of City Man- ager Schiltz be referred to the City Manager and City Solicitor for study and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. March 21, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am attaching a letter from the Dubuque Bank do Trust Com- pany advising the City that M. L. Gaber & Company have assigned to their bank the equity in the re- maining proceeds due on the con- struction of the detention reservoir. This should be made a matter of record and in the future all war- rants will be drawn in favor of the Dubuque Bank & Trust Com- pany and M. L. Gabor Company jointly. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the communication of City Man- ager Schiltz, together with the letter of the Dubuque Bank & Trust Company be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays ---None. DC1BUQUE BANK & TRUST Co. Dubuque, Iowa, March 19, 1952 Mr. L.aVern J. Schiltz City Hall, Dubuque, Iowa. Dear Mr. Schiltz: This is to advise that M. L, Gabor & Company hive assigned to the I)ubuque Bonk & Trust Company their entire equity in remaining proceeds, due or to be- come due in the construction on the west 32nd Street detention reservoir project. Kindly protect our interest in this assignment by making checks in settlement or partial settle- ment to Dubuque Bank & Trust Company and M. L. (labor Com- pany. Very truly yours, G. W. Corken Assistant Vice President. March 21, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Some time ago I was authorised by the Council to take any action I thought advisable in regard to hearings conducted by the Board of Engineers for Rivers and Har- bors regarding flood control on the upper Mississippi River. On March 19th, a committee rep- resenting the Citizens' Flood Control Committee, ler. John Ker. per, President of the Board of Dock Commissioners, and myself held a conference with Colonel Finley at Rock Island Engineer's Office. It was brought out at this meeting that the only projects to be considered at the public hear- ing to be hold on April IQW would be those projects from which the Corps of Engineers have made a favorable report and have esti mated the cost of construction. Although a flood control study has not been made for Dubuque, the Corps of Engineers have auth- orization to proceed with this work all along the river, but at the present time Congress has not seen fit to appropriate any funds to do this, work. I will prepare a report on our flood control problem and submit it to the Bosrd of Engineers, Rivers and ilarbors, stressing the need for flood control work at Dubuque in order that our serious problem can be called to thei attention. Rsapec lY submitted, L. J. SCHILTZ, city Manager. Councilman Austin moved that n Sccia! Session, March 22, 1952 44 City Man- ,�pg gr,et ttW cae4e� and made IF. lawtor .� by :amm�llstam lira. Carried by the 1110141166 'stile: I 'Peas. -Mayor Russo, Councilmen jimstin, Kolb, Schueller, Welu. Nays—None. Parch 21, 1952 To the Honorable Mapor and Cit1 Cottacil, Dubuquc Iowa. Gentlemen: The communication of the City Manager recommending establish- ment of one-way streets, installa- tion of traffic lights and eleminat- ing parking on Eighth Avenue was referred back to the City Manager for further study and report. One question raised was the operation of emergency vehicles on one-way streets. This does not constitute any problem but neces- sitates a revision of the city or- dinance providing for the operation of emergency vehicles in the op- posite direction to traffic on one- way streets. My original recommendation called for Bluff Street to be one- way from .Eighth Street to Dodge Street. I have had studies made as to the traffic conditions on Bluff and Locust Streets from Dodge Street to Fourth Street and find that at this time it would be best to leave Bluff Street two-way from Second Street to Dodge Street. This will allow about the same amount of traffic at both Dodge and Locust and Bluff and Locust intersections. It will also mean that' northbound traffic on Bluff Street will have to turn east on Second and proceed north on Locust at Second Street. Second Street is a wide thorough. fare. Traffic lights are already In. stalled on Second and Locust which could be retimed to suit traffic conditions better than those at the approach to the Julien Du- buque Bridge. I, therefore, recommend that Bluff Street be one-way from Eighth Street W Second Street and that locust, Main and Iowa Streets be one way streets as recum. mended In my recommendation on February 23rd. Respectfully submitted, L. J. SCHiLTZ, City Manager. Councilman Kolb muved that the recommendation of City Man. ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays—None. ORDINANCE NO. 12-52 An Ordinance Amending Ordin- ance No. 33-49 to provide addition- al one way streets; exempt emer- gency vehicles; and prohibit park- ing on a portion of Eighth Avenue during certain hours, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas—'.Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. ORDINANCE No. 12.64 An Ordinuncn Amending* Ordinance No. 33.48 to provide additional one- wayy streets. exempt entergency ve, hlclem; and pprohibt parking on - portlun of Eighth Avenue during certain hours. HIM IT uH7JAINE D BY THE CITY COUNCIL OF THE CITY OF DL- HUQUE: Section 1. That htetion 1o.6 (it ur- dlnance Ni. 33-49. known as the Traf- fic Code" be slid the same to hereby repealed and the fidluwlas enacted es a substitute therefur: "Section 10.6. upon these streets and parts of those streets and In those alleys designated and described In 9chedule 1 attached hereto and trade a part hereof. al tt-floated for one- way traffic, vehicles except author- Ised emergency vehleles reapondinp til on "or ss -ovy call, shall be driven ani" In ttte direction designated." Section 8 That Schedule I of Or- dinance No. 33-48, known as the "Traffic Cade," as amended by Or- dinance No 44-51 be and the same is hereby repealed and the followlut ' enacted as a substitute therefor: •CHEOUL[ 1 In accordance with "etlon 10.6 and when properly slgnpostod traffly *11011 move only In the dlrevtlon Indicated Special Session, March 22, 1952 179 upon the lollowing streets or alleys, or pnrts thereof: 1 Traffic shall move northerly on- ly: a In the aIle)• between Iowa Street and Central Avenue from West Fourth Street to Loras Boulevard; b In the alley between Locust Street and linin Street from Jones Street to West Twelfth Street; c. In the alley between Bluff Street and Locust Street from Eighth Ave- nue to West Tenth Street; d. on Iowa Street from West Fourth Street to Luras Boulevard. e. on Locust Street from Neat 1 ourth Street to Loras Boulevard, 2 Truffle shall move southerly only: it. In the alley hetween Central Ave- nue and White Street from Nast Four - tee th Street to Past Fourth Street; b. In the alley between Main Street and Iowa Street front West Twelfth Street to West Second Street; c On Bluff Street from Loras Boule- vard to Nest Second Street; J. on Main Street from Loras Boulevard to Went Fourth Street. Section 3. That Schedule 11 of Or- dinance No. 33-49 known as the "Traffic Cude" be and the same In it, reuy amended by adding a new sec- tion thereto as follows: -W, Bluff Street from Luras 13uule- vard to the north line of West Twelfth Street, and from the south Ilne of Wast Twelfth Street to Dodge Street." Section 4 That Section 16.3 of Or- dinance No. 33-49 known as the "Traf- fic lode" be and the same Is herby re, Baled nod the following enacted us a substitute therefor: •'16.3 Angle parking Is {{permitted on- ly on both sides of Went Second Street from Iowa Street to Locust Street, the north �iIde of West Sixth Street from Locust Street to Bluff Street; the east side of Bluff Street from West Sixth to Went Seventh Street; the south side of West Seventh Street from I o-ust to Bluff Street Ilion such streets or parts of streets, vehicles shall oe parked with- "' the spaces indicated and with a front wheel of the vehicle against the curb Vehicles having agreeter length than 20 feet over all, shall not be per- mitted to park at an angle upon any st ret." Section 5. That ordinance No. 33-49 known as the "Traffic Code" he and the name Is hereby amended by as ng A new section thereto as fol- lows: "Sot -tion 16.28 After signs have been erected giving notice thereof, It shall be unlawful to park airy vehicle on Withth Avenue between Central Ave- nue to Bluff Street during the period from 4 o'clock P.M. to 5:30 o'clock F M., Inclusive, of each day, except Sundays and holidays." Section 6. This Urdinance shall he- cume effective on a date to be de- tennit,ed by the City Manan�tter, not loss than six (6) mun111. after the adoption hereof, but after required -rs, and signs have been erected and the changes in parking spacrs parking meters. slid traffic lanes necessary to Implement the provlslonr of this ordinance establishing one - w. t streets have been made. Notice of Ku,.,, drelslon shall he published In the Telesreph Herald at least once prl r to such effective date. Passed, adopted and approved this 22nd day of March, 1952, Romolo N. Russo Mayor Clarence P. Welu Ray F. Kolb Ruben V. Austin Leo N. Schueller Councilmen Attest: J. J. Shen City Clerk ubllshed officially in The Tele- graph -Herald newspaper this 31st day of March, 1952, J. J. Shea City Clerk Itlfar8l Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. Proof of publication, certified W by the publishers, of notice of ad- vertisement for bids for remodel- ing of Fire Station: Central Ave- nue at 18th Street, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. March 21, 1932 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Bids for remodeling of the Eighteenth Street Fire Station were opened and read Tuesday. March 18th, at 2 P.M. Tabulation of bids is attached. Both bids received were over 20% above the estimated cost of the work and I recommend that the bids be rejected. After consulting with the Fire Chief and architects, we feel that some revisions can be made in the plans and specifications to reduce the cost of this work. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved and the City Clerk be instructed to read- vertise for proposals and the City Treasurer instructed to return the certified checks to the bidders. Seconded by Councilman Schueller. 180 Special Session, March 22. 1952 ---__ Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. March 21, 1952 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: EXCAVATION Key City Plumbing & Heating Co, 130 West 13th Street, Western Surety Co. C. G. and Ray McDonnell, (Mc- Donnell Excavating Service), 847 Kaufman Avenue, Continental Cas- ualty Co, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the bonds be approved and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueiler, Welu. Nays --None. (Ordering Construction) RESOLUTION NO. S4-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 36—.52 which was duly passed by this Council, for the Improvement of Mt. Vernon Court from the west property line Of South Grandview Avenue to the (Intl of the street be and the same are hereby ordered and construct• ed by this Council with the pet,- tion M property owners. All the work shall be constructed in ac. cordance with the plans and speci. fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying Within the assessable distance from the Improvements, whether such Property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any defeciency will be paid out of the general, improvement, or sewer funds of the city or partly from each of such funds, except as otherwise provided by petitions and waivers now on file or hereafter obtained. Payment j will he made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of asses(. ments as provided by Inw after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vid-ed by law, the said improve. ments shall be completed on or be. fore 42 calendar days after notice to proceed is issued. Ile It Further Resolved that thi, 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. Approve and placed on file for final action this 3rd day of March, 1952. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE Y. WFIA" RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec onded by Councilman Kolb. Car ried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays_..None. (Awarding Contract) RESOLUTION NO. SS—S2 Whereas, proposals have been +ubmitted by contractors for the construction of an eight (8) inch vitrified tile sanitary newer in Mount Vernon Court pursuant to Resolution No. 34-52 and The Special Session, Murch 22, 1952 Willman Company of Cedar Rapids Iowa contractor, has submitted i 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 The Willman Company of Cedar Rapids, Iowa and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- IJ come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on March 3, 1952. Passed and adopted this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. RESOLUTION NO. 59-52 Whereas, it is the considered judgment of the City Council of the City of Dubuque, Iowa, that provision be made for the location of a new fire station on the corner of Atlantic and University; and Whereas, Lot 5 and 6, part of Tschirgi & Schwind's Subdivision in the City of Dubuque are con- sidered to be well located for this fire station; and Whereas, the City Council con- siders it necessary and expedient that the above described property be acquired by the Municipality: Now, 'Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that Lot 5 Part of Tsohirgi and Schwind's Subdivision in the City of Dubuque be purchased from Jess Armitege for the sum of 211,000.00. Be It Further Resolved that Lot 6 Part of Tschirgi and Schwind's Subdivision in the City of Dubuque be purchased from Al A. Smith for the sum of 814,000.00. Approved and placed on file for final action this 3rd day of March, 1952. Passed, adopted and approved this 22nd day of March, A.D. 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin. Kolb, Schueller, Welu. Nays—None. RESOLUTION NO. 122-52 Whereas, the Mississippi River is an interstate stream which has trained great prominence as the Father of Waters; and Whereas, it is a public respon- sibility to maintain the waters of the stream in an unpolluted con- dition so that the waters may be used for recreation, for water sup- plies, and for other legitimate uses without possibility of harm to any person, industry or community; and Whereas, the water pollution con- trol agencies of Illinois, Iowa and Wisconsin have pointly resolved to continue a concerted program of pollution abatement; and Whereas, the federal government classifies pollution of waters as misuse of natural resources of the nation and as a dotriment to pub- lic health and welfare and has, therefore, embarked on a nation- wide pollution abatement program; and Whereas, the City of Dubuque 182 Special Session, March 22, 1952 does discharge untreated orinef- the fectively treated sewag_ intoMississippi River: Now, Therefore, Be It Resolved that the City of Dubuque will cooperate in the Mis. sissippi River clean-up program, will cause plans to be developed for treatment of sewage from the municipality in conformity with re- quirements of the state on or be- fore July 1, 1954 and will there. after expeditiously carry on con- struction of needed treatment works; And Be It Further Resolved that a copy of this resolution be prom- ptly filled with the State Water Pollution Control Agency. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. RESOLUTION NO. 123-32 Be It Resolved by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law re. lating 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. Arnold Unsen and Vincent Un. sen, 1543 Central Avenue. John J. Engling and Bernadette Engling, 2997 Central Avenue, James W. Baxter, 1501 Central Avenue. Floyd Barnhart, 1598 Jackson Street. Maurice it. Mellon, 1100 Lincoln Avenue, Pete S. Sfikas, 760 East 16th Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN. LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote- Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. RESOLUTION NO. 124—S2 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be it Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Maurice 11, Mellon, 1100 Lincoln Avenue. Ione Miller, 1322 Central Avenue Herbert E. Althaus, 1575 Central Avenue, Arnold Unsen and Vincent Un - sen, 1549 Central Avenue. Mrs. Adele Geske, 253 West 1st Street. Sylvester A. Weiner and Dolores Weiner, 201 East 22nd Street. CLASS "C" PERMIT Floyd Barnhart, 1598 Jackson Street. Don E. Wertz, 630 Main Street, Passed, adopted and approved this 22nd day of March, 1952. ROMOLU N. RUSSO, Mayor. CLARENCE 11. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the Special Session, March 22, 1952 183 adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb. Schueller, Welu. Nays—None. RESOLUTION NO. 125-52 Whereas, heretofore applications 1 for Beer Permits were filed by the within named applicants and they have received the approval of this Council: and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: Now Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants a Beer Permit. CLASS "B" PERMIT Maurice H. Mellon, 1100 Lincoln Avenue. lone Miller, 1322 Central Avenue. Herbert E. Althaus, 1575 Central Avenue. Arnold Unsen and Vincent Un - sen, 1543 Central Avenue. Mrs. Adele Geske, 253 West 1st Street. Sylvester A. Weiner and Delores Weiner, 201 East 22nd Street. CLASS "C" PERMIT Floyd Barnhart, 1598 Jackson Street. Don E. Wertz, 630 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 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. RESOLUTION NO. 126-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im. provement of Adeline Street with asphaltic macadam surfacing from the east property line of Grand- view Avenue to the west property line of Ramona Street, estimated cost $1,283.94, presented and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 127-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each cast: the amount thereof which is estimated to be assessed against each lot, for the improvement of Adeline Street with asphaltic macadam surfacing from the east property line of Grandview Avenue to the west property line of Ramona Street. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera. tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob. jections thereto. Said improvement shall be con. 184 Special Session, March 22. 1952 structed and done in accordance with the plans which have been prepared therefor by the City Fn- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assess- able 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 ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment. cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1932, Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Welu moved that the resolution just read being a resolution ordering a street im. provement be now considered in form for final passage and further more that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Council- man Kolb. Carried by the follow• ing vote: Yeas -Mayor Russo, Councilmen Austin, Kolb, Schuel!er, Welu Nays --None. (Plains data of haarinq) ItISOLUTION NO. 1211---S2 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No, 126 52 given its preliminary approval on the pro- powd plans, speciflcations and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Adeline Street with asphaltic macadam surfacing from the east property line of Grandview Avenue to the west property line of Ramona Street and, Whereas, the proposed Resolu. tion of Necessity for said improve- ment has been introduced and is now on file in the City C'lerk's office for public inspection. Be it therefore resolved that on the 16th day of April. 1952, a pub- lic hearing will be held at 7:30 o'clock P- M. in the Council Cham- ber of the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro. posed plans and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to he assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing; to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed absssment, 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 22nd day of March, 1952, ROMOIA) N. RVSSO, Mayor, CLARENCE P. WELU, RAY F. KOI.B, RUBEN V. AUSTIN, LEO N. SCHUELLF.R. Councilmen, Attest, J. .f. STIFA, City Clerk. Councilman Kolb moved the adoption of the resolution Sec- onded by Councilman Kchueller. Special Session, March 22, 1952 185 Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. RESOLUTION NO. 129-52. Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Apple Street with asphaltic macadam surfacing from north property line of Cleveland Avenue to the south property line of Oak Street, estimated cost $832.17, presented and read. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 130-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 8. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Apple Street with asphaltic macadam surfacing from the north property line of Cleve- land Avenue to the south property line of Oak Street. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improve. ment, and unless property owners at the time of the final considera. tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to hAve waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assess- able distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in pro- portion to the special benefits con- ferred thereby. Labor and equip- ment cost shall be paid out of the street improvement 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 above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. Approved: ROMOL.O N. RUSSO, Mayor. CL.ARENCE P. WELU, RAY F. KOLB. RUBEN V. AUSTIN, LEO N. SCHUEL.LER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read being a resolution ordering a street im- provement be now considered complete in form for final pass- age and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas- Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays- None. (Fixing date of hearing) RESOLUTION NO. 131-52. uncil of the Whereas, the City Co 1R6 Special Session, March 22, 1952 City of Dubuque. Iowa, has by Resolution No. 12S 52 given its preliminary approval on the pro- posed plans, .specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Apple Street with asphaltic macadam surfacing from the north property line of Cleveland Avenue to the south property line of Oak Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be it therefore resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock P. M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the proposed plans 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 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 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB. RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec. onded by Councilman Schueller. Carried by the following vote. Yeas Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays- None. RESOLUTION NO. 132—S2 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im. provement of Cross Street with asphaltic macadam surfacing from north property line of Simpson Street to south property line of Coates Street, estimated cost $2,- 300.77, presented and read. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 133—S2 Whereas, proposed plans, spec)- fications, form of contract, plat and schedule have twen 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 boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as sessed against each lot, for the improvement of Cross Street with asphaltic macadam surfacing from north property line of Simpson Street to south property line of Coates Street, Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, Special Session. March 22, 1952 187 and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments,. they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd clay of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCRUELLER, Councilmen. Attest: J. J. SIiEA, City Clerk. Councilman Kolb moved that the resolution just read being a resolution ordering a street im- provement be now considered complete in form for f i n a l passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Austin. Carried by the following vote - Yeas- -Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays ---None. ( Fixing Date of Hearing) RESOLUTION NO. 134-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 132-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Cross Street with asphaltic macadam surfacing from north property line of Simp- son Street to south property line of Coates Street, and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 15th day of April, 1952, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the proposed plans 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 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- 198 Special Session. March 22, 1952 jections and enter on recora ,a, final decision thereon, approved Passed, adopted and app'l this 22nd day of March, 1952 ROMOLO N. RUSSO. Mayor. CLARENCE P. WEi,U, RAY F. KOLB, RUBEN V. AUSM, LEO N. SCIfUEI.LER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. RESOLUTION N4. 135.52 Preliminary approval of proposed plans, specifications, form of con- tract, plat and schedule and all other documents for the improve- ment of Decatur Street with asphal- tic macadam surfacing from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue, estimated cost $1,331.37, presented and read. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu- Nays•--Non-i. (Necessity for Improvement) RESOLUTION N0, 136.52 Whereas, proposed pians, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4, Each lot proposed to be as. sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con. struction and kind of material to be used. ti. in each care the amount tbq,e. of which is estimated to be assessed against each lot, for the improve. ment of Decatur Strcet with asphal. tic macadam surfacing from the ea: t property line of Rhomberg Avenue to the west property line of Garfield Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have bcen approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in pro- portion to the special benefits con - ferret] thereby Labor and equip- ment coat shall be paid out of the street improvement funds. Bund shall be issued and sold in anticipa• tion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the city Clerk this 22nd clay of March, 1952. Approved and placed on file for final action. Approved: ROMOIA N. RUSSO, Mayor CI ARENCE& 13. WE LU, RAY F. KOLB, RUSEN V. AUSTIN{, LEO N. SCHUF1.1-Fit, Councilmen Attest: J. J. SHFA, City Clerk Special Session, March 22, 1952 Councilman Schueller moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Kolb. Carried by the following; vote: Yeas—Mayor Russo Councilmen Austin, Kolb, Schueller, Welu. Nays—None. 189 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 deci- sion thereon. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen (Fixing date of hearing) RESOLUTION NO. 137-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 135-52 given its preliminary approval on the pro- posed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Decatur Street with asphal- tic macadam surfacing from the east property line of Rhomberg Avenue to the west property line of Carfield Avenue and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the 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 prop. erty owners at the time of final consideration of said resolution have on file with the Clerk objec- Attest: J. J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. RESOLUTION NO. 13"2 Preliminary approval of proposed plans, specifications, form of con- tract, plat and schedule and all other documents for the improve- ment of Decatur Street with asphal- tic macadam surfacing from east property line of Prescott Street to west property line of Lincoln Av- enue, estimated cost $597.69, pre- sented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. (Necessity for Improvem*nt) RESOLUTION NO. 139-52 Wh^reas, 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: 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 as. sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the 190 Special Session, March 22, 1952 �! same for each different type of con struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Decatur Street with asphaltic macadem surfacing from east property line of Prescott Street to west property line of Lincoln Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all obieetions thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now n file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and solJ in anticipation of deferred payments of assessments when a contract has been perform. ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro. duced, approved and ordered plat. ed on file with the City Clerk this 22nd clay of March, 1932. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELD. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: J. J. SHF,A, Councilmen City Clerk Councilman Kolb moved that the resolution just read being a resolu- tion ordering a street improvement be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 140-52 Whereas, the City Council of the City of Dubuque, Iowa. has by Reso- lution No 138--52 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Decatur Street with asphal tic macadam surfacing from west property line of Prescott Street to west property line of Lincoln Av- enue and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be it Therefore Resolved that on the 15th day of April, 1932 a pub- lic hearing will he held at 7.30 o'clock P.M. in the Council Cham• her in the City of Dubuque at which time of the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assess- ed againu any lot and to the pm - sage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city cif 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 0 Special Session, March 22, 1952 191 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 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOL.B, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. RESOLUTION NO. 141-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of Hamilton Street with as- phaltic macadam surfacing from the cast property line of Rhomberg Avenue to west property line of Garfield Avenue, estimated cost $1,382.96, presented and read. Councilman Kolb moved the adoption of the resolution.Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 142-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the Ciy of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the Same for each different type Df construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Hamilton Street with asphaltic macadam surfacing from east property line of Rhom- berg Avenue to west property line of Garfield Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro duced and ordered placed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA`ity Clerk 192 Special Session. March 22. 1452 Councilman Weltl moved that the proposed assessment, they shall the resolution just read being a have been deemed to have waived resolution ordering a street im- all objections thereto, at which hearing the Council will hear such provement be now considered com- objections and enter on record its plete in form for final passage and final decision thereon. further move that the same be Passed, adopted and approved placed on file with the City Clerk this 22nd day of March, 1952. and remain on file for public in- ROMOLO N. RUSSO, spection for at least one week be- Mayor. CLARENCE P. %%'EI.U, fore final adoption. Seconded by RAY F. KOLB, Councilman Schueller. Carried by RUBEN V. AUSTIN, the following vote: LF -0 N. SCH'UELLER, Yeas—Mayor Russo. Councilmen Councilmen Austin, Kolb, Schueller, Welu, Attest: J. J. SHF.A, Nays—None. City Clerk. (Fixing data of hearing) Councilman Kolb moved the RESOLUTION NO. 14"2 adoption of the resolution. Sec. Whereas, the City Council of the onded by Councilman Austin. Car. City of Dubuque, Iowa, has by tied by the following vote: Resolution No. 141--52 given its preliminary approval on the propos- yeas -Mayor Russo, Councilmen r Rtjslo, unci ed plans, specifications and form Austin, Kolb, of contract and placed same on file Nays.—None.Kolb, In the office of the City Clerk for RESOLUTION NO. 144--52 public inspection, for the improve. Preliminary approval of pro. ment of Hamilton Street with as. posed plans, specifications, form of phaltic macadam surfacing from contract, plat and schedule and all east property line of Rhomberg Av- other documents for the improve• enue to west property line of Gar• field Avenue and, ment of Hamilton Street with a3 Whereas, the proposed Resolu- tion of Necessity for said improve- phaltic macadam surfacing from cast property line of Lincoln Ave, ment has been introduced and is nue to the west property line of now on file in the City Clerk's of. Prescott Stret, estimated cost cost fice for public inspection, $648.28, presented and read. Be .It Therefore Resolved that on Councilman Kolb moved the the 16th day of April, 1952, a pub- adoption of the resolution. Sec• lic hearing will be held at 7:30 onded by Councilman Austin. Car. o'clock p, in. in the Council Chain- her in ried by the following vote• the City of Dubuque at which time the owners Yeas --Mayor Russo, Councilmen of property subject to assessment for the Austin, Kolb, Schueller, Welu, pro. Posed 'Improvement may appear Nays—None. and make abjection to the pro- (NeCossity for Improvement) posed plans and at the same time RESOLUTION NO. 145--52 to the boundaries of the proposed Whereas, proposed plans, sped- district, to the cost of the improve. fications, form of contract, plat and ment, to the amount proposed to be schedule have been duty prepared assessed against any lot and to the and approved by the City Council Passage of the proposed Resolution of the City of Dubuque and are of Necessity, and the City Clerk be now on file in the office of the and he is hereby directed to cause City Clerk showing among other a notice of the time and place of things the following. such hearing to be published in 1• The boundaries of the district, some newspaper published in the H any. city of Dubuque, the last of which shall be not less 2. The streets to be improved. than two (2) nor more than four (4) weeks 3. The width of such iatprc:ve prior to the day fixed for its consideration ment and unless property owners at the time of final consideration 4. Ealot ► I cltogether proposed to be as � a valuation of said ; resolution have hie with the fixed bythe (ouncilh Clerk objections to to the 5 An estimate of the cost of the amount ofI prt1lMSPd improvement, stating the Special Session, March 22, 1952 193 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 assess- ed against each lot, for the im- provement of Hamilton Street with asphaltic macadam surfacing from the east property line of Lincoln Avenue to the west property line of Prescott Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution havo on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and clone in accordance with the plans which have been prepared therefor by the City Engi- neer which have bene approved by the City Council and are now on file with the City Clerk. That the cost aril expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the Street Im- provement mprovement Fund. 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 contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of 1llarch, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBF:N V. AUSTIN, ILEO N. SCHUELL.ER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved that the resolution just read, being a reso- lution ordering a street improve- ment, be now considered complete in form for final passage and fur- ther move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen .Austin, Kolb, Schueller, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 146-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 144-52 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for pub- lic inspection, for the improvement of Hamilton Street with asphaltic macadam surfacing from the west property line of Lincoln Avenue to the west property line of Prescott Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 p. in. in the Council Chamber in the City of Dubuque at which time the owners of property subject to as- sessment for the proposed improve- ment may appear and make objec- tion to the proposed plans and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the City of Du- buque, the last of which shall be riot 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 fnial consideration of said reso- lution have on file with the Clerk objections to the amount of the pro- posed assessment, they shall have 194 Spacial Session. March 22, 1912 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 22nd day of March, 1952. ROMOLO N. RUSSO. Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCRUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the ad- option of the resolution. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays—None. RESOLUTION NO. 147-51 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Lawther Street with asphaltic macadam surfacing from west property line of Burden Ave. nue to east property line of Brunswick Street, estimated cost $2,577.64, presented and read. Councilman Austin moved the adoption of the resolution. Second. ed by Councilman Schueller. Car- ried by the following vote: Yeas—blayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO, 145--51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing; among other things the following: I. The boundaries of the district, if any. 2. The streets to he improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the Proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there. of which i, estimated to be as� sensed against each lot, for the im. provement of Lawther Street with asphaltic macadam surfacing from west property line of Burden Av. enue to east property line of Bruns. wick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolutiun have on file with the City Clerk objections to the amount of the proposed as sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the pians which have been prepared therefor by the City En. gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced. approved and ordered plac- ed on file with the City Clerk this 22nd day of March, 1932, Approved and placed on file for final action. Approved HOMOW N. RUSSO, Mayor CLARENCE P. WELD, RAY F. KOL.B, RUBEN V. AUSTIN, LEO N. SCHUELI.ER, Attest: J. J. SHEA, City Clerk Special Session, March 22, 1952 195 Councilman Welu moved that the resolution just read being a reso- lution ordering a street improve- ment be now considered complete in form for final passage and fur- ther move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 149-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 147-52 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for pub- lic inspection, for the improvement of Lawther Street with asphaltic macadam surfacing from the west property line of Burden Avenue to the east property line of Brunswick Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock P. M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- 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 publish- ed 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 resolutin have on file with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all objections there• to, at which hearing the Council will hear such objections and enter on record its final decision there. on. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. RESOLUTION NO, 150-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of Ramona Street with as- phaltic macadam surfacing from 240 feet north of the north prop- erty line of Adeline Street to 100 feet south of the south property line of Adeline Street, estimated cost $1,682.60, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 151—S2 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been doily 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 boundries 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. 196 Special Se>~Sion. 'larch 22, 1952 5. An estimate of the cost of the propo.ed improvement, stat- ing the some for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Ramona Street with asphaltic macadam surfacing from 240 feet north of the north property line of Adeline Street to 100 feet south of the south prop- erty line of Adeline Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement,and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been Prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That We cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- ertY will be assessed whether the same abuts thereon or Is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out Of the street improvement funds. Bonds shall be lusued and sold in anticipation of deferred pay- ments when a contract has been performed and accepted and the Proceeds thereof used to pay the contractor. The above resoluUun was intro dnced, approved and ordered Pissed on file with the City Clerk this 22nd day of March, 1852 Approval and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHZJELLF,R, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered complete in form for final passage and further moved that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. See onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu 'Pays—None (Fixing Date of Hearing) RESOLUTION NO. 152-52 Whereas, the City Council of the Vity of Dubuque, Iowa, has by Resolution No. 150-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and same placed on file to the office of the City Clerk for public inspection, fur the improvement of R a m o n a Street with asphaltic macadam surfacing from 240 feet north orf the north properly line of Adeline Street to 100 feet Kouth of the south property line of Adeline Street and, Whereab, the proposed Resolution of Necessity for said Improvement has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 15th day of April, 1952. a public hearing wiU be heW at 7:30 o'clock P.M. in the Council Chain ber in the ('Uy of Dubuque at which time the Owners of prop arty subject to assesamenl for the proposed improvement may AP. Pear and snake objection to the proposed plana and at the same time to the boundrtea of the pro k Special Session, March 22, 1952 197 posed district, to the cost of the improvement, to the amount amount proposed to be as- sessed against any lot and to the passage of the proposed Reso- lution of Necessity and the City Clerk be and he is hereby di- rected to cause a notice of tht- 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 prop- erty owners at the time of final consideration of said resolution have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objec- tions and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUEI.LER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec. onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. RESOLUTION NO. 153-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Simpson Street with asphaltic macadam surfacing from the west property line of Fremont Avenue to the west property line of Cross Street, estimated cost $7,661.68, presented and read. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 154-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuquue and are now on file in the office of the City Clerk showing among other things the following: I. The boundries of the district, if any. 2. The streets to be improved. 3. The width of Stich improve. ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the :amount thereof which is estimated to be assessed against each lot, for the improvement of Simpson Street with asphaltic macadam surfacing from the west property line of Fremont Avenue to the west prop- erty line of Cross Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance 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 198 Special Session. March 22, 1952 to the special benefits: conferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro - reeds thereof used to pay the con tractor. The above resolution was intro- duced, approved and orderer placed on file with the City Clerk this 22nd day of March, 1852. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOI.B, RUBEN V. AUSTIN, LEO N. SCHUELLER. Councilmen. Attest: J. J..SHEA, City Clerk. Councilman Welu moved that the resolution just read being a resolution ordering a street im provement be now considered com- plete in form for final passage and further moved that the same be Placed on file with the City Clerk and remain on file for public i►i- spection for at least one week before final adoption. Seconded by Councilman Ausutin. Carried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Fixing date of hearing} RESOLUTION No. ISS --54 Whereas, the City Council of the City of bubuque, Iowa, has by Res olution No. 153--52 given its pre. liminary approval on the proposed Plans, specifications and form of contract and paced same on file in the office of the City Clerk for pub- lic inspection, for the improvement Of Simpson Street with asphalt ma. cadam surfacing from the weal Property line of Fremont Avenue to the west property line of Croaa Street and, Whereas, the proposed Besolu• tion of Necessity for said improve- rnent has been introduced and is now on file in the City Clerk's of. fice for public inspection, Be It Therefore Resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock P. M. in the Council Cham• ber in the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement may appear and make objections to the pro. posed plans and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- 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 publish- ed 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 con. sideration 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 as. sessment, 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 22nd day of March, 1952. ROMO LO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOI.B. RUBEN V. AUSTIN, LEO N. SCHUE:LLE:R, Councilmen Attest, J. J. SHEA, City Clerk Councilman Austin moved the adopiton of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote Yeas-•- Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. RESOLUTION NO. 156-52 Preliminary approval of proposed Plans, specifications, form of con- tract, plat and schedule and all other documents for the irnprove- inent of Stetmore Street with as- phaltic macadam surfacing from south property line of I,ornbard Street to a immit (R50 feet south. Special Session, March 22, 1952 199 estimated cost $3,067.84, presented and read. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. (Necessity for Improvement) RESOLUTION NO. 157-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be. as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material 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 Stetmore Street with asphaltic macadam surfacing from south property line of Lombard Street to a point 660 feet south. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary Efor the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this pro»osed resolution have on file wit!. the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on filer with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in propor- tion to the special benefits con- ferred thereby, Labor and equip- ment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipa- tion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced. approved and ordered plat• ed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved that the resolution just read being a resolution ord:,ring a street im- provement be now considered com- plete in form for final passage and further more that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week before final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --None. (Fixing date of hearing) RESOLUTION NO. 158-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 156--52 given its prelim- inary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Stetmore Street with as. phaltic macadam surfacing from south property line of Lombard Street to a point 660 feet south and, Whereas, the proposed Resolu- tion of Necessity for said improve- 200 Special Session, March 22, 1952 ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock F.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement may appear and make objection to the proposed plans and at the same time to the bound- aries 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 Nec• essity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the Proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such Objections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P, WELL', RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER. Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the ado tion of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas --Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays --Nona. RESOLUTION NO. 159--52 Preliminary approval of pro ofc Plans, t Specifications, form Posed and schedule a1 ` all other documents for the im provement of Strauss Street with asphaltic macadam surfacing frons west Property line of Burden Avenue to east property line of i Brunswick Street, estimated cost $2,611.72, presented and read Councilman Austin moved the adoption of the resolution see. onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. (Necessity for lmprovemtnt) RESOLUTION NO. 160•—S2 Whereas, proposed plans, speci. fications, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the City of Dubuque and are now on file In the office of the City Clerk showing among other things the following. 1. The Ix)undries 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• seK4ed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Strauss Street with asphaltic macadam surfacing from west property line of Burden Ave nue to east property line of l3runf wick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the: time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they .hall be deemed to have waived all objections thereto. Said improvement shall Ix, coo structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now 0 Special Session, March 22, 1952 201 on file with the City Clerk. That I the cost and expense of making li said improvement will he assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd (lay of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: .1. J. SHEA, City Clerk. Councilman Schueller moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further mowed that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schuel'►er, Welu. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 161-52 Whereas, the Pity council of the City of Dubuque, Iowa, has by Resolution No. 159-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Strauss Street. With asphaltic macadam surfacing from the west property line of Burden Avenue to east properly line of Brunswick Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 15th day of April, 1952, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of prop- erty for the proposed improvement may appear and make objection to the proposed plans and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed W be assessed against any lot and to the pas- sage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper in the city of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso. lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. councilman Austin moved the adoption of the resolution. See- 202 Special Session, March 22, 1952 onded by Councilman Schueller. Carried by the following Yeas—Mayor Russo, Councilmen Austin, Kolb, Scbueller, Welu. Nays—None. Councilman Kolb moved that Mr. Irvin Oetii be appointed as a member of the Planning and Zon- ing Commission for the term ex- piring May 24. 1954 and also as a member of the Board of Adjust- ment for the term expiring March 5, 195A, Seconded by Councilman Schueller. Carried by the follow• ing vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays—None. There being no further business Councilman Kolb moved to ad- journ, Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas—Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays—None. J. J. SHEA, City Clerk. cy9 Approved 0. 152 Adopted Counctlmen W V.. Atteat..�. ..,, Clty Clerk. I S Regular Session, April 7, '1952 203 City Council (OFFICIAL) Regular Session. April 7th, 1952. Council met at 7:30 P.M. Present --Mayor Russo, Council- men Austin. Kolb, Schueller, Welu, City Manager Schiltz. Mayor Russo stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Mayor'Russo swore in the newly elected Councilmen, Messrs Charier, A. Kintzinger and Clarence P. Welu. for the terms commencing the first Monday in April, 1952. Councilman Welu moved that Councilman Ray F. Kolb be elected Mayor for the ensuing fiscal year. Seconded by Councilman Schueller. Carried by the following vote: Yeas---Gouncilmen Austin, Kint- zinger, Schueller, Welu. Nays --None. Councilman Kolb not voting. City Clerk .1. J. Shea then swore in the now Mayor, whereupon Mayor Kolb took the Mayor's chair. RESOLUTION NO. 162-52 Whereas, Chapter 164 of the laws of the Fifty -Fourth General As- sembly provide that the City Coun- cil shall after their first meeting after election appoint the City Manager, City Clerk, City Solicitor, Assistant City Solicitor and Police Judge; and Whereas, 'rhe City Council of Dubuque, Iowa on January 7, 1952 appointed the following city of- ficials: L..1. Sehiltz--City Manager. J. J. Shea --City Clerk. Thomas H. Nelson --City Solici- tor. Robert Czizek --- Assistant City Solicitor. John .1. Heffernan—Police Judge. Now Be It Resolved That the City Council ofDu- buque, Iowa hereby confirms the appointment of the following of- ficers: L. J. Schiltz—City Manager. IT. J. Shea ---City Clerk. Thomas -H. W.Ison—City Solici- tor. Robert Czizek --- Assistant City Solicitor. John J..fie fternan--Police Judke. Passed, adopted and approved this 7th day of April, 1952, RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, •RUBEN V. AUSTIN, LEO N. SCHUEI.LER, City Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Mayor Kolb then swore in the following officers: City Manager L. J. Schiltz; City Clerk, J. J. Shea; City Solicitor Thomas 11. Nelson; Assistant City Solicitor Robert (tzizek; Police Judge John J. Hef- fernan. Proof of publication, certified to by the publishers, of notice of pub- lic hearing on the proposed zoning and the report of the Planning & Zoning Commission recommending an Amendment to the 'Zoning Map to provide for the zoning of the area newly annexed to the City by Decree of the District Court dated February 7, 1952, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Schueller moved that the proof of publica- tion be received and filed. Sec. onded by Councilman Austin. Car- ried by the following vote: Yens ---Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. ORDINANCE NO. 13--52 An Ordinance Amending and Changing the Zoning; Map of the City of Dubuque, Iowa, as pro- vided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuq10" so as to pro- vide zoning classification for the area recently annexed to the City, presented and read. Councilman Welu moved that the reading Just had be considered the first reading of the Ordinance. Seconded by Councilman Austin. Carried by the following vote: Yeas --Mayor Kolb, Councilmen 204 Regular Session, April 7, 1952 Austin, Kintzinger, Schueller, Welu. Nays—None. ('ouncilman Welu moved that the rules be suspended requiring an ordinance to and d 6y Cooon ed separate days. man Austin. Carried by the follow- ing vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Sehueller, Welu. Nays—None. ORDINANCE NO. 13--12 An ordinance Amending and Chang- ing the Zoning Map of the City of Dubuque, Iowa, as provided by or. dlnence No. 334, designated -coning ordinance of the City of Dubuque" so as to provide toning classification for the area recently annexed to the City RE IT ORDAINED BY THE COUNCIL OF THE CITY OF llti. 1311(j( , F. Secton 1. That the Zoning Map and Zoning ordinance of the City of Du- buque be, and the same Is hereby amended and changed so as to Include all of the area annexed to the City by Decree of the District Court of Iowa In and for Dubuque County dated February 7, 1952 In F ulty Cause No. 33339, entitled City of Dubuque. Iowa vs. LeRoy Stoffel, at al; Section 2. That all of said area, except the portion& described In Sec- tions 3 and 4 hereof, its hereby cfasal- tied and designated "Single Family Residence District"; Sullen 3. That the following des- cribed areas are hereby clarslfied and designated "Local Businesn Districts', it, Co itnenving at a 1,11111t„: the northwe A corner of the Intersection of Carter Road and Asbury Road north- erly one hundred feet aloe the west, erly edge of Carter Road, thence west. erly five hundred and eighty-three feet (593') on a line parallel t” and one hundred feet (tool( northerly of the Asbury Road, thence southerly one hundred feet j100'I to the northerly edge of the Asbury Road, thence east eriy five hundred and otjrhty three feet (583') along the northerly Iine of the Asbury Road to the point of beginning. b. Commencing at the northeasterly corner of Lot 2 of 1 of I of I of 1 of I.ot 152. Finley Waples and Burtons Addition, thence southwesterly alio¢ the southeasterly aide of the Delhi Road a distance of three hundred and fifty feet (2500, thence M,utheaat- erly at a right angle to the Delhi Road a distance of one hundred feet (loo') thence three hundred aril fifty feet (550'1 northeasterly on a fine par- lotallinee with Lot l2 flood of the uteuterl; of Lot 182 Finiey, Waples and Burtons Addition, thence northwesterly one hundred feet (100') to the place of beginning; C. 1)PlhiOr,adhew esterlyerfrom ideileoInter. section of Lenox Avenue and Null Road an area composed of Lots two l011111" iflOualve and lots forty-se%en to fifty Inclusive ail In Lenox Addl. tion. !Section 4, That the following dew crlbed area Is here byy c1—ifled and designated "Business 11slrlet" yy cit limits linecinand the at enter toner t U.fi. Highway No. 2u, thanes south to a Point two hundred and eve feet 12(131) south of the center line of U.S. High. way No. 20, thence southeasterly along s line parallel to and two hundred and five feet (205') south of the center line of U.S. Highway No. 20 to the west line of Lot 1 of 2 of I of I of George Jecklln Farm, thence south• westerly along the west line of said Lot I of 2 of 1 of I of George Jecklln Farm for a dlstaner one hum dred and seventy-five feet -175'1. thence southeasterly alunq a line three hun• dred and eighty /ret 1380'1 south of and parallel lu the center line of (IS. Highway No 20 for a distance of three hundred feet 1300'1, thence north. eri) along the easterly line of Lot I of 2 of 1 of I of George Jecklln Farr to the northeast corner of said Lot, thence easterly two hundred and five feet 1205'1 south of and parallel to U.S. Highway No 20 to the east line of (lection 27, Township 89, North, Range 2 hast, theme 1wrthalorts sold !Rection line to the center Iine of U.S. Highway No. 20, thence northerl) along acid Section line a distance of two hundred and silty feet i28o11, thence westerly along a line two hun• dred and slaty feet 1280'1 north of and parallel to U R. Higghway No. 20 to the westerly City Limfta line. thence south alunQ the westerly CIt) Limit+ line two hundred and ninety feel 12WI to the center line of U.A. Highway No. 20 to the point of beginning- lift/len 5. This Ordinance shall be In full force and effect from and after Its final passage, adoption and publication u by low provided Introduced the 7th day of April 1951. Rule requiring reading on three separate da gs suapendell by unanl- rnuus vote lit• 7th day tit April, 1951 Passed, adopted and approved this 7t day of .April, 1952 RAY F. KOLB Manror CLARVWX H. WIL ) CHARLES A KI:�T?,IN(lF:lt RIJULN V. AUSTIN LFA N. ACHVZLl.KR Councilmen fittest: J. J. SHKA City Clerk 1411,11nherl uffivially In The Tele- graph -Herald newspaper this 141h day of April. 1952 J J SHEA It Apr. 14 Pity Clark Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Austin. Car• ried by the following vote: Yeas --•Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Mt. Vernon Court from the west property line of South Grandview Avenue to the end of the street, presented and read. Councilman Austin moved that the proof of publication be received and filed. Seconded by councilman SchueUer. Carried by the follow- ing vole Yeas --Mayor Kolb, councilmen Regular Session, April 7, 1952 A u s t i n, Kintzinger, Schueller, Welu. Nays --None. April 7, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived up to 10:00 A.M. on April 7th, 1952 for the construction of concrete pavement on Mt. Vernon Court. Attached is the tabulation of bids received. I recommend that the contract be awarded to the Thos. Flynn Coal Company of Dubuque, who submitted the lowest bid received which was 5.45 per cent under the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Schueller. Car- ried by the following vote: Yeas ---Mayor Kolb, Councilmen A us t i n, Kintzinger, Schueller, Welu. Nays --None. RESOLUTION NO. 163-52 Whereas, proposals have been submitted by contractors for the improvement of Mt. Vernon Court with concrete pavement from the west property line of South Grand- view Avenue to the end of the street pursuant to Resolution No. 54--• 52 and Thos. Flynn Coal Com- pany of Dubuque, Iowa, contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications: now therefore Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mention- ed improvement be awarded to Thos. Flynn Coal Company of Du- buque, Iowa, and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Coun- cil. 205 Approved and placed on file for one week on April 7th, 1952. Councilman Austin moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Seconded by Councilruan Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays —None. Notice of Claim of Arthur From - melt in the amount of 530.06 for damages to his car caused by the impassable conditions of Fink Street, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for recommenda- tion and report. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Notice of Claim of John P. Man- ders in the amount of $7.47 for damages to his car caused by a faulty sewer intake alongside of the Genz Store at the intersection of 13th Street and Central Avenue. presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for recommenda- I tion and report. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --None. Notice of Claim of Mrs. L. D. Donovan in the amount of $5,000.00 for injuries received in a fall caused by an icy and defective curb step at the Northwest corner of the intersection of Alta Vista and Fifth Streets, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. tarried by the following vote: Yeas.—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Original Notice of Suit of Dar- 2016 Regular Session; April 7, 1952 relic and Marian 1Aoare, Plaintiff' vs. Cit: of. Dubuque, Defendant, in the amount of $5,5oo.00 for dam. ' age& to reWe . eMat andom thnal property burst- ing of a water main under the street in front of the home located at.2M Brunswick Street, present- ed and road. Councilman Austin moved that i the Original Notice of Suit he re- ferred, tb the City Solicitor. Sec- onded! by Councilman Schueller, I Carried by the following vote: leas- Mayor Kolb, Councilmen i Austin, Kintzinger, Schueller, Welu. Nays—None. original Notice of Suit of Marian M6ora, Plaintiff vs, City of Du- buque, Defendant, in the amount ' of $5,000.00 for damages resulting from personal injuries and disease caused by a bursted water main which flooded the basement and home at 2882 Brunswick Street, presented and read. Councilman Welu moved that the Original Notice of Suit be re- ferred' to the City Solicitor. Sec• ended. by Councilman Schueller. j Carried by the following vote: Yew Mayor Kolb. Councilmen Austin, Kintzinger~ Schueller, Welu. i Nays- None. Notioe oL Claim. of Larry+ vim in � an unstated amount for damages 1 to his car caused in striking a pro truding manholo cover in the al• ley between Sheridan Street and Goethe Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the i City' Solicitor for investigation and report. Seconded by Councilman Austin. Carried by the following VOW Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays,—None. Notice of Claim of Mrs. ,John P. Murray in the amount of !20.(X) for dbmages to car caused in striking an iron Piece covering a drain over the sidewalk lust next to the , Grand Theatre at 125 Eighth Av• t emto, prOs"ted and read. Councilman welu moved that the Notiue Of Claim be referred to the City Solicitor for investigation and Wert Seoonded by Councilman Austin. Carried by the following vote: Yeap r Kolb, Councilmen i .Austin, Kintzinger, Selhreller, Welu Nsyry--lgone. Petition of Btaeonier Phrmhink and Heating Company asking ap. proval of Certificate of Insurance and permission to excavate in the sheets and alleys of the City of Dubuque, pre."nted and read. Councilman Austin moved that the petition hp granted. Seconded by Councilman Schueller. Carried by the following vole: Yeas ---Mayor Kolb, Councilmen Au4tin, Kintzinger, Schueller, Welu. Nays --None. Petition of Seubert h Fesler ask- ing permission to oxcavat+e in the streets and alleys of the Vity of Dubuque, presented and read. Councilman Austin moved that the petition he granted. Seconded by Councilman 9ehueller. Carried by the following vote: Yeas._ Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. bays—Notre. Petition of Louis Buechel re. questing permission to excavate in the streets and alltt7s in the City of Dubuque, presented and read. COrrnCiiman Austin moved that tete petition be granted. Seconded by Councilman Schueller. Carried by the following votte: Mees—Mayor Koib, Councilmen Austin. Kintzinger, Schueller, We1w Nays—None. Petition of Curtis -Straub Com- pany requesting authorization to excavate in the streets of the C.'ity of Dubuque. presented and read, Councilman Austen woved that the petitwa be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeaa--Mayor Kolb, Councilmen Austin, Kintzinger, !.Schueller, Welu. Nays --Nuns. Petition of Geo. 1, Heaves Plumb- Ing lumbing and Heating requesting lwrmis- aion to excavate in the public streets, avenues, alleys and other public plum in the City of Du- buque, presented and read. Councilman Austin moved that the petition be granted. Seconded by Councilman Schueller. Carried by the following vote- Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, %khueller. Welu. Nays. None. Petition of Mrs. liattiv M Hen - nett in regard to a puke of land which belongs to the City and ex- tonds in front of her property known as tats 8 and 9 in ltosedale Regular Session; April 7, 1952 207 Addition No. 2 on Rosedale Avenue Program on August 10, 1952 in the and requestim„ Council to deedsame area and under the same con - this piece of land to her as prev. ditions as was granted in previous iously promised by the City, pre years, presented and read. sented and read. Councilman Schueller moved that Councilman Austin moved that I the request be granted. Seconded the petition be referred to the by Councilman Welu. Carried by Counoil to view the grounds. Sec- the following vote: ended by Councilman Schueller. Ypas—Mayor Kolb, Councilmen Carried by the following vote: Austin, Kintzinger, Schueller, Welu. Yeas --Mayor Kolb, Councilmen Nays—None. Austin, Kintzinger, Schueller, Welu. Petition of Mrs, Mary Hier re - Nays— None. questing su:rpension of the 1951 tax Petition of Chester C. Schmitt re- on the North 24 feet of East 170 questing, permission to extend the feet of Lot 374 of Davis Farm Ad. sanitary sewer from the existing dition, presented and read. manhole, which is 383 feet East of the center lino of Windsor Avenue, Councilman Welu moved that the for a distance of 85 feet to serve petition be referred to the City Lot 1 of 2 of 4 of the N.E. Quarter Solicitor for investigation and re - of Section 13, Township 89 North, port. Seconded by Councilman Aus- Range 2, East of the 5th P.M., pre- tin. Carried by the following vote: sented and read. Yon*—Mayor Kolb, Councilmen COUnCllman Welu moved that Austin, Kintzinger, Schueller, Welu. the request be granted and proper Nays --None. proceedings prepared. Seconded by Petition of Mrs. .Tohn M. Kap. Councilman Schueller. Carried by parol and others requesting the the following vote: improvement of Marmora Street in Yeas- --Mayor Kolb, Councilmen the new annexed section of the Austin, Kintzinger. Schueller,Welu. City, presented and read. Nays—None. Councilmen Welu moved that the Petition of Leroy Stoffel and petition be referred to the City Wild requesting the extension of Manager. Seconded by Councilman city street lights on West 32nd Austin. Carried by the following Street, presented and read. vote: Councilman Schueller moved that Yeas—Mayor Kolb, Councilmen the petition he referred to the Austin, Kintzinger, Schueller, Welu. City Manager and Electrical In- Nays—None. spector for the it recommendation Petition of the Daughters of and report. Seconded by Council- Union Veterans of the Civil War man Austin. tarried by the fol- asking permission to sell small lowing vote: tags- on the evening of .Tune 6th Yeas --Mayor Kolb, Councilmen and the day of .Tune 7th, 1952, pre - Austin, Kintzinger, Schueller,Welu. sented and read. Nays ---None. Councilman Welu moved that the Petition of J. E. Kringle request- request be granted providing there Seconded ing that the balance of Lots 14 and are no conflicting dates. by Councilman Schueller. Carried 15L in Finley, Waplos and Burtons Addition be zoned into a commer- by the following vote: Afeas--Mayor Kolb, Councilmen ciali:ad district:, presented and Austin, Kintzinger, Schueller, Welu. read Councilman Wclu moved that Nays ---None. Petition of Mrs. Clarence Splint - the potition be refrrred to the Planning and Zoning Commission er and others requesting the in - stallation of street lights on Prim. for their recommendation and re. rosy and Keokuk Streets and also purl. Soeonded by C:ounuilman Alun- on Primrose and Kane Streets, pre. Un. Carried by the following vote: and read. 1'eas--- Mayor Kolb, councilmen Aubtin, Kintzinger, Schueller, Welu. sented Councilman Schueller moved that Nayr;- Nono, the petition be referred to the Electrical In - Petition of The Dubuque Boat City Manager' and for their recommendation Club Inc. requesting permission for spector Seconded by Council- the holding of an Outboard Racing and report. 208 Rcgular Session, April 7, 1952 man Austin. Carried by the follow- ing vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Petition of U, S. Lewis Jr. and others requesting that curb and gutter be constructed on Whelan Street from Grandview Avenue to Bradley Street. presented and read. Councilman Welu moved that a plat and schedule be prepared cov. ering the request. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Petition of Fay Thomas Steger and others, owners of real estate abutting on that portion of Delhi Street extending southwesterly from the present terminal of the City Water blain, requesting that the water mains be extended from Its present terminal southwesterly to the City Limits, presented and read. Councilman Welu moved that a plat and schedule be prepared cov- ering the request. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. April 7, 1952 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: With reference to the attached petition of the Geo. Bock Company asking that their property on U. S. highway No. 20, now Dodge Street in the newly an- nexed area, be zoned as Light In- dustrial District, the Planning and Zoning Commission respectfully recommends denial of this petition. The recommendation previously sent to your honorable body in. cluded this lot in a Business Zone in which a public garage could be a Permissable use. Respectfully submitted, Planning & Zoning Commission By Richard V. McKay Secretary ('ouncilman Austin moved that the recommendation of the Plan. ning and Zoning Commission be approved. Seconded by Councilman Schueller. Carried by the follow. ing vote: Yeas ---Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays ---None. Petition of Lloyd Rurkart and others, property owners in the vicinity of Burkart's Subdivision on new U. S. Highway No. 20, Du- buque, Iowa, objecting to the grant. ing of the application of Earl Bock, an adjoining land owner, to the zoning of the Bock property, or ad- jacent property to the M)ck prop. erty. as a light industrial area, pre- sented and read. Councilman Austin moved that the petition le received and filed. Seconded by Councilman Schuel. ler. Carried by the following vote. Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --None. Petition of Harold Kronfeldt and John Osterhous requesting Council to take action in the matter of the unsanitary condition existing at 2524 Elm Street the property of Alfred and Lucille Bleile, present- ed and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays--- None. Petition of Melvin Kaune and others requesting that the section of Fdith Street West of Burden Avenue between Burden Avenue and Brunswick Street be improved with curbs and gutters and some tyle of hard surface. presented and read, Councilman Schueller moved that a plat and schedule be prepared covering the request providing that proper waivers are secured. Sec- onded by Councilman Welu Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu Nays- -None. Petition of 'Phomas E Nacos re- questing a refund on the unused porton of hes ciragette permit, as he has discontinued business on April 1, 1952, presented and read. Councilman Welu moved that the request be granted providing that licenses are returned for cancella- tion. Seconded by ('ouncuiman Aus• Regular Session, April 7, 1952 209 tin. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Petition of Erwin M. Grab re- questing a refund in the amount of $150.00 on the unexpired portion of his Class "B" Beer Permit No. 155, as he has discontinued busi- ness on March 22, 1952, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $150.00 in favor of Erwin M. Grab to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 155. Second- ed by Councilman Austin. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Petition of Helen Steffen request- ing a refund in the amount of $25.00 on the unexpired portion of her Cigarette Permit No. 77, as she has discontinued business on February 4, 1952, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Helen Steffen to cover the amount of refund granted on the unexpired portion of her Cigar- ette Permit No. 77. Seconded by Councilman Welu. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Petition of Helen Steffen request- ing a refund in the amount of $50.00 on the unexpired portion of her Class "B" Beer Permit No. 35, as she has discontinued busi- ness on February 4, 1952, present- ed and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Helen Steffen to cover the amount of refund granted on the unexpired portion of her Class "B" Beer Permit No. 35. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Petition of Frank and Anna Klein requesting a refund in the amount of $50.00 on the unexpired portion of their Class 'B" Beer Permit No. 54 as they have dis- continued business on March 31, 1952, presented and read. Councilman Schueller moved that the request he granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Frank and Anna Klein to cover the amount of refund granted on the, unexpired portion of their Class `B" Beer Permit No. 54. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu, Nays—None. Petition of Wm. L. Becker re- questing a refund in the amount of $25.00 on the unexpired portion of his Cigarette Permit No. 141 as he has discontinued business on March 29, 1952, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Wm. L. Becker to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 141. Seconded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Petition of Frank and Anna Klein requesting a refund in the amount of $25.00 on the unexpired portion of their Cigarette Permit No. 205, as they have discontinued business on March 31, 1952, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Frank and Anna Klein to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 205. Seconded by Councilman Schueller. (tarried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Petition of Charles C. Scherrer requesting a refund in the amount of $25.00 on the unexpired portion 210 Regular Session. April 7, 1952 of his Cigarette Permit No. 215, as he'hw discontinued business on March 31.'1952, pre -!rated and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw' a warrant in the amount of $25.00 in favor of Charles C, Scherrer to cover the amount of refund grant - ad on the unexpired portion of his Cigarette Permit No, 215. Second- ed by Councilman Schueller. Car- ried'by the following vote: yeas..--AYlayor Kolb. Councilmen Austin,.Kintzinger, Schueller, Welu. Nay& --None. Petition of .John J. and John M. Baumgartner requesting a refund in'the amount of $25.00 on the unexpired portion of their Cigarette Permit No. 29, as they have discontinued business on March 31, 1952, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of John J, and John M. Baum- gartner to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 29. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-- Mayor Kolb, Councilmen Austin,'Kint2inger, Seltueller, Welu. Nays -=None. Petition of John M and John J. Baumgartner requesting a refund in the amount of 9100.00 on the unexpired portion of their Class 'Z' Baer Permit No. W, as Uwy have discontinued business on March 31, 1953, pr"ented and read. Councilman Austin moved that tbe-zetlueat be granted and the City Auditor .instructed to draw a war- rant in the amount of $100.00 in favor of John M. and John J. Baum- gartner to cover the amount of re- fund granted on the unexpired por- tion of their Class "B" Beer Permit No. M. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -•Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. N4ys--,None. Petition of 'Mrs. Rhea Bournias requesting a refund in the amount of SX.00 on the unexpired portion of her Cigarette Permit No. 165, as she has discontinued business on March 31, 1N62, presented and read r Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of 525.00 in favor of Mrs. Rhea Bournias to cover the amount of refund grant• ed on the unexpired portion of her Cittarett,, Permit No. 165. Second- ed by Councilman Schueller. C'ar• ried by the following vote Yeas--Mavor Kolb, Councilman Austin, Kinixinger, Schueller, WOU. Nays ---None. Petition of John J. and Marie Rettenmater requesting a refund in the amount of $25.00 on the un- expired portion of their Cigarette Permit No 272, as they have dis. continued business on March 31, 1952, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the ainount of $25,00 in favor of John J. and Marie Ret- teninaier to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 272. Seconded by Councilman "Beller. Carried by the follow- ing vote- Yeas±-- Mayor Kolb, Councilmen Austin, KinWnger. Schueller, Welu. Nays - Mone. Prrxrf of publication, eertified.to by the publishers, cif a statement of receipts and alw a list of claims for which warrants were Issued during the month of February, 1952, presented and read. Councilman Austin moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Sehueller. Carried by the fol lowing vote: Was --Mayor Kolb. Councilmen Austin. Kintzinger, Schueller. Wein. Nays --None. ORDINANCE NO. 10--52 An Ordinanve gr.mting to Du- buque American IA•gion Building Corporation, Dubuque, Iowa, its suceetisorh and assigns, the right to construct and nra►ntuin stairway and platform m the alley between Main and IA►cusl Streets between Third and Fourth Strectb, adjacent Io iti, building and prescribing the condition of such permit, paid ordinance h:ev►ng been p'Asued upon first reading on March 22nd. 1952 and ordered placed on file with the City Clerk and remain on file Regular Session, April 7, 1952 211 for public inspection for at least one week before final adoption, was presented for final adoption. ORDINANCE NO. 10-52 An Ordinance granting to Dubuque American Legion Building Corporation, Dubuque, Iowa, Its successors and as- signs, the right to construct and maintain stairway and platform In the alley between Main and I ocust 4ta-eets between Third and Fourth Streets, adJaa'nt to Its building and prescrlbing the conditions of such per- mit. ik, it ordained by the city munell .if the ('Ity of Dubuque. Sacften 1. That Dubuque American Legion Building Corporauo,t, Its suc- cessors and assigns, be and it Is hereby grantod the right and permission to coustruct and maintain an exit stairway and platform In the alley between Main and Locust Streets and between 'Third and b'ourth Streets, next adJoining Its building on the cor- ner of Fourth end Locust Streets, said exit aialrwa) and platform to natend into the alley not more than five 151 feet. taction 2. That such stairway and platf,.rn, shall be constructed under the supervision of the City Manager; Section 5. It In understood and pprodded that the right and permladon to use slid occupy such portion of the alley for the purpose herein stated is subject to the continuous centred of the City Council of this City, reserving the right to said Coun- cil to Impose restrictions or condl- Mons upon the antoyment thereof as may be reasonably necessary for the protection of the public Interest, In, eluding the right to revoke still rescind such right and pe'r'mission 1f at anv time the public should require such revocallon: Section 4. As a further consideration fur the right and privilege herein granted said 7)ubugor American Le- gion Building Corporation. Its success- ors and assigns, shall assume all ila- bBlty for darnaRes to persons and -or property which might result from the construction or maintenance of bald structure and said Dubuque Ameri- can Leglon Building Corporation. at Its own expense, agrees to defend Ano and all claims and actions which may be brought against the City be- cause of or to connection with the structure herein referred to, and should the City be required to pay any amount for damn es because of Bald structure, or anyt Ing connected therewith. the Dubuque American Le- gion Building Corporation agrees to relmburne the City therefor, and hold the City harmless from any such dam- :egev Saallon S. Rhould the rights and privlltwes herein granted be reavind- ed or revoked, said Dubuque Anterl- can Legion Buildimf Corporation, its auerespurs and assigns, fit Its own expense and open receipt of thirty i801 days notice. shall remove the structure herein authortrod and res- tore tier alley to as good condition as It was before such structure was constructed, Section 6. This Ordinance shall be come effective neon Its final pacsaae, adoption and approval by the City Couencil, pubilcation as provided b law, and the rights hereunder she 1 accrue to Dubuque American Legion Ruiudind Corpuraliuu, Its successors and asvlgns, when this Ordinance has been aceseplad by said Corporation, Which acceptance shall be attached hereto, and when the cost of publish. Ing the same has been paid by said corporation. Passed, upon first and second read - Ings this 22nd day of March, 1952. Passed, Adopted and approved upon final reading this 7th day of April, 1952. Ray F. KolhMAl'11R Clarence P. Weill Charles A. Kmtzinger Ruben V. Austin Lee N. Schueller COUNCILMEN Utest: .1. J. SHEA City Clerk ACCEPTANCE OF ORDINANCE NO. 10-52 The Dubuque American legion Build. Will Corporation having knowledge of all the terms and conditions of Or- dinanee No. 10-52 hereby accept Or- dinance No. 10 -52 as adopted by the Civ Council of the City of Dubuque and agree to abide by all of the terms and conditions thereof. Dated this 10th day of April, 1052. DUBUQUE AMERICAN LEGION CORPORATION By Lee J. Chambers —President John J. Heffernan --Secretary Published officially in The Telegrnph- Herald newspaper this 14th day of April, 1052. J, J Shea It. Apr. 14 City Clerk. Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas --Mayor Kolb, Councilmen A u s t i n, Kinuinger, Schueller, Welu. Nays ---None. ORDINANCE NO. 14--52 An Ordinance granting to the Independent School District Of Dubuque, Iowa, its successors and assigns, the right to construct and maintain a six (8) inch cast iron sewage force main beginning at a point on the south property line of Pennsylvania Avenue at the intersection of Green Street Ex. tension and Pennsylvania Avenue; from thence northeasterly to a point ten (10) feet west of the centerline of Green St. Extension; thence continuing northeasterly along a line parallel to and ten (10) feet west of the centerline of Green Street Extension to it point eighteen (18) feet west of the east line of Bunker Hill Street; thence six hundred twenty-two (622) feet northerly and along a line parallel to, and eighteen (18) feet west of the east line of Bunker Hill Street to the terminal point at an existing manhole, being fifty-five 155) feet north of the center line of Finley Street, pre. f this .vcr►bing the conditions o 212 Regular Session. April 7, 1452 grant and regulating the use of said sewer, presented and read. Councilman Welu moved that the reading just had be considered the first readi�ouncilman g of the ordinance Austin. Seconded by vote: Carried by the following Yeas—Mayor Kolb, Councilmen Austin, Kintzinger. Schueller. Welu. Nays.—None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Councilman Welu moved that the ordinance just read being an ordinance granting the right to use or occupy a street be now con- sidered in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas --Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu, Nays None. March 28, 1952 To the Honorable Mayor, City Council and City Manager, Dubuque, Iowa. Gentlemen: In accordance with instructions contained in the Resolutions listed below. I wish to report as follows: RESOLUTION NO. 260--51 Simpson -Coates Streets Sanitary Sewer Lift Station and Force Main Bonds. Authorized $15,218.87. Sold $3,500.00 at public sale of Sept. 27, 1951. $3,500.00 Par plus $52.50 premium plus interest. Five bid- ders present. No sealed bidi%, RESOLUTION NO. 35$_51 Simpson -('nates Streets Sanitary Sewer laterals Bonds. Authorized $24,180.15. Sold $10,000.00 at pub lie bale on Nov. 23, 1951 for par Plus $110.00 premium plus inter, est. Five bidders present One Sealed bid. RESOLUTION NO. 393-51 Kant, Street Sanitary s,•,,:, , i Bonds. Authorized $2,041.50. Sold $")(K) at public sale on Dec. 28, 1951 for par plus $13.04 premium plus interest Two bidders present. One sealed bid. RESOLUTION NO. 38S-51 Balke Street (curb & gutter) Im• provement Bonds. Authorized $2,• 943.28. Sold $1,40000 at public sale on hec. 28, 1951 for par plus I $24,50 premium plus interest, Two I bidders present. Two sealed bids. RESOLUTION NO. 3143—S1 Balke Street (asphaltic macadam) Improvement Bonds. Authorized $1,728.67. Sold 5,500.00 at public sale on Dec. 28, 1951 for par plus $500 premium plus interest One bidder. Two sealed bids. RESOLUTION NO. 391—S1 Garfield Ave ((orb & Gutter) Improvement bonds. Authorized $1,218.72. Sold $400.00 at public sale of Dec. 28, 1951 for par plus $8.00 premium plus interest. Two bidders. No sealed bids. i RESOLUTION NO. 31117-51 St. Joseph Street (curb & gutter) Improvement Bonds. Authorized $3,150.33. Sold $2.200.!x1 at public sale on Dec. 28, 1951 for par plus $44.00 premium plus interest. Three bidders. TAo Sealed bids. RESOLUTION NO. 389-51 St. Joseph Street (asphaltic ma- cadam) Improvement Bonds. Auth- orized $1,410,01. Sold $700.00 at public sale on Ikc. 28, 1951 for par plus $700 premium plus in- terest. One bidder. Two sealed bids, RESOLUTION NO, 381-51 Tressa Street (curb & gutter) Improvement Bonds. Authorized $834.05. Sold 5800.00 at public sale on Dec. 28, 1952 for par plus $16.00 premium plus interest. Four bidders, One sealed bid. RESOLUTION NO. 416-51 Fairway Drive (curb & gutter) Improvement ponds. Authorized $3,780.42. Sold $900.00 at public sale on January 24, 1952 for par plus $18.00 premium plus interest. Three bidders One sealed bid RESOLUTION NO. 4111-51 Groveland Place (curb & gutter) Improvement Honda. Authorized $3,05328 Sold $1,800.00 at public sale on January 24. 1952 for par plus $30.00 premium plus interest. Five bidders. No sealed bids. Regular Session, April 7, 1952 213 RESOLUTION NO. 414-51 Marion Street (curb & gutter) Improvement Bonds. Authorized $7,910.41. Sold $3.000.00 at public sale. on January 24. 1952 for par plus $90.00 premium plus interest. Six hidders. One sealed bid. RESOLUTION NO. 420-51 Mcl,enan Street (curb & gutter) Improvement Bonds. Authorized $2,699.64. Sold $1.600.00 at public sale on January 24. 1952 for par plus $46.40 premium plus interest. Five bidders. No sealed bids. RtSOLUTION NO. 422-51 Paul Street Sanitary Sewer Bonds. Authorized $1,599.40. A public sale was held on January 24, 1952 and no bids were received for these bonds. Treasurer unable to find a purchase at private sale. Treasurer has bonds in Safe De- posit Box in vault at Dubuque Bank & Trust Co. RESOLUTION NO. 9-52 Groveland Place (asphaltic ma- cadam) Improvement Bonds. Auth- orized $1,698.90. Sold $700.00 at public sale on February 28, 1952 for par plus interest. One bidder. No sealed bids. RESOLUTION NO. 11-52 Mcl.enan Street (asphaltic ma- cadam) Improvement Bonds.Auth- orized $1,437.53. Sold $600.00 at public sale on February 28, 1952 for par plus interest. One bidder. No sealed bids. RESOLUTION NO. 29-52 Buena Vista Street (curb & gut- ter) Improvement Bonds. Author- ized $2,747.25. Sold $1,400.00 at public sale on March 26, 1952 for par plus $43.75 premium plus in- terest. Five bidders. Two sealed bids. RESOLUTION NO. 27--52 Napier Street (curb & gutter) Improvement Bonds. Authorized $2,791.45. Sold $1,400.(0 at public sale on March 26, 1952 for par plus $36.40 premium plus interest. Four bidders. Two sealed bids. RESOLUTION NO. 31-52 Sullivan -Levi Streets Sanitary Sewer Bonds. Authorized $2,486.85. Sold $2,2(0.(0 at public- sale on March 26, 1952 for par plus $33,(0 premium plus interest. Four bid- ders. No sealed bids. All the above issues of bonds were offered for sale after proper notices were published in the Telegraph -Herald. RESOLUTION NO. 7-52 Tressa Street asphaltic macadam improvement. The total cost of this improvement was $135.00 and the City Treasurer collected $56.97 from the owners of properly sub- ject to this assessment. Owners who chose to pay on the install- ment plan have payments to pay March 31, 1953 and March 31, 1954 plus SS,, interest. Due to the small amount involved in this improve- ment no bonds were issued. The city is the contractor for this im- provement. Respectfully submitted. EDWARD M. TSCHIRGI, City Treasurer. Councilmen Welu moved that the report of City Treasurer be received and made a matter of record. Eeconded by Councilman Austin. Carried by the following vote: Yeas --Mayor Kolb, Councilmen A u s t i n, Kintzinger. Schueller, Welu. Nays --None. March 28, 1952 To the Honorable Mayor, City Council and City Manager. RESOLUTION NO. 23-52 Gentlemen: I wish to report that under Sec- tion 2 of the above Resolution the entire issue of $167,000.00 Fire Station Bonds, bearing 234% in- terest and dated February 1, 1952, was sold at private sale to Quafl & Co., L)avenport, Iowa and Becker and Cownie, Inc., Des Moines, Iowa for par plus accured interest. Delivery was made on February 29, 1952 and payment was re- ceived on the same date. Respectfully submitted, EDWARD M. TSCHIRGI, City Treasurer. Councilman Austin moved that the report of City Treasurer Tschirgi be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote.- Yeas- ote:Yeas- Mayor Kolb, Councilmen Austin, Kintringer, Schueller, welu. Nays None, Regular session. April 7_ , 1952 14 1~ ----- April 1, 1052 Honorable Mayor and Members of the City Council of. the City of Dubuque, Iowa. Gentlemen: on March 13, 1952, a claim for damages to clothing sustained in a fail on the sidewalk in front of 549 West Fifth Street, on 'March 10, 1952, was filed with the City Clerk by Mrs. Hilda Poole. The claim alleges that claimant trip ped over an iron barred culvert which extends across the width of the sidewalk. Said claim was re, (erred to this office for investiga- tion and report. After due investigation, it ap- pears that the claim, which is in the sum of $10.75 is a just one, and should be paid. It is, therefore, respectfully recommended that the City Auditor be instructed to draw a warrant for $10.75 In favor of Mrs. Hilda Poole. to be delivered to her upon the execution of a proper release. Respectfully submitted, R. M. CZIZER, Assistant City Solicitor. Councilman Austin moved that the recommendation of Assistant City Solicitor Czhek be approved and the City Auditor Instructed to draw a warrant in the amount of $16.73 in favor of Mrs. Hilda Poole, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilnian Schueller. Carried by the follow. ing vote: Yeas --Mayor Kolb, Councilmen A u a t i n, Kintzinger, Schueller. Welu. Nays- -None. April 1. 1952 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa, Gentlemen: On March 17, 1952, a claim in the sum of $24.95 for a tiro and tube, was filed with the City clerk by Jack Needham, alleging that the tire and tube on his car were ruined when he hit a ditch on Fink Street on the evening of March 6, 1952. Said claim was re- ferred to this office for investiga- tion and report. After due investigation, it ap• pears that Fink Street hos been subjected to unusually heavy truck traffic in connection with the de. tention project• and the street is rough but passable. Anyone using the street should he aware of its condition and pass over the same slowly. It is the opinion of this office that no negligence existed upon U* part of the City of Dubuque in the maintenance of Fink Street which contributed in any fashion to the damage claimed and, it is therefore respectfully recommend- ed that the claim be denied. Respectfully submitted, R. M. CZIZEK, Assistant City Solicitor. Councilman Austin moved that the recommendation of Assistant Cfty Solicitor C•zizek be approved. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kinizinger, Schueller, Welu. Nays None. April 1, 1652 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: On March 20, 1952, a claiin in the sum of $17.53 for a tire and tube, was filed with the City Clerk by Albert Henkels, al. leging that the tire and tube on his car were ruined when he hit a rough spot on Fink Street on the evening of March 7, 1952 Said claim a•as referred to this office for im,estigr;tion and report. After due investigation. it ap• pears that Fink Street has been subjected to unusually heavy truck traffic in mrinection with the de- tention project. and the street is rough but passable. Anyone using Ithe street should be aware of its condition and pass over the same slowly. It is the opinion of this office I that no negligence existed upon the part of the City of Dubuque in the maintenance of Fink Street which contributed in any fashion W the dan►age claime(l, and, it is Uwrekwe reapeetfuliv recommend- ed that the clairn Ix- dented. Respectfully submitted R. M. CZIZEK, Assixtant City :solicitor Councilman Austin moved that Regular Session, April 7, 1952 215 the recommendation of Assistant I order that proper drainage can be City Solicitor C'zizek he approved. maintained and the surface mater - Seconded by Councilman Schueller. I ial remain in place. Carried by the following vote: I recommend that approval of yeas- rdayor Kolb, Councilmen the petition concerning curb and Austin. Kintzinger, Schueller, Welu. gutter, and that the street he sur- Nay,s---,None, faced with asphaltic macadam sur. April 5, 1952 facing and all costs to be assessed To the Honorable Mayor and against the benefited property own - City Council, Ihrbuque, Iowa ers. Respectfully submitted, Gentlemen: Some time ago a re- L. SCHILTZ, quest was made to the City Coun- ,1. City Manager cil for the improvement of East 18th Street and Sycamore Street. Councilman Austin moved that f;efore these streets are improved, the recommendation of City Man - consideration should he given to ager Schiltz be approved. Seconded the construction of a sanitary sewer by Councilman Schueller. Carried system in the arca east of the rail- by the following vote: road tracks and extending from Peas—Mayor Kolb, Councilmen Twelfth Street to Nineteenth Austin, Kintzin.ger, Schueller, Welu. Street. At the present time there Ways—None. are no sanitary sewers in this area April 3, 1952 and it will be necessary to con- To the honorable Mayor and struct them to eliminate dumping City Council, Dubuque, Iowa. of sewage into the river when a Gentlemen: The petition of sewage disposal plant is construct- George Gabel and others request- ed. ing the installation of a street Preliminary plans have been pre- light on Pinard Street between for this project and 1 recom- 28th and 29th Streets was referred pared mend that the plans be completed, to the City Manager and Electrical plat and schedule of assessments Inspector for recommendation and prepared and construction started report. as soon as practical. At the present time there are Respectfully submitted, street light-; at the intersections I.. J. SCIHLTZ. of all streets between 25th and City Manager 30th Streets and from Jackson to Councilman Welu moved that the Pinard Streets. All of these blocks recommendation of City Manager Seconded by are the same length and inter- mediate lights have not been in - Schiltz. he approved. Councilman Austin. Carried by the stalled. following vote: I am at the present time investi- year—Mayor Kolb, Councilmen gating the lighting system through - out the city to determine if addi- Austin, Kintzinger, Schueller, Welu. tional lights are needed and are Nays .-None. practical. April 3, 1952 My recoryunendation is that ac- To the Honorable Mayor and tion on this petition be deferred City Council, Dubuque, Iowa until the lighting condition in this Gentlemen: The petition of John whole area is Investigated. A. Glaser and otheis requesting Respectfully submitted, that curb and gutter be constructed L. J. SCHILTZ, adjacent to their property in the City Manager. 2700 block of Brunswick Street and Councilman Schueller moved that that the city at no expense to them the recommendation of City Man - surface the street with crushed ager Schiltz be approved. Seconded rock was referred to the City Man- by Councilman Welu. Carried by after and City Engineer for recom- the following vote: mendation and report. yeas- -Mayor Kolb, Councilmen 'rhe City Engineer investigated Austin, Kintzinger, Schueller, Welu. the feasibility of curb and gutter Nays --None. April 2, 1052 and finds that the improvement is To the Honorable Mayor and practical and necessary. The street, however, should be constructed city Council, Dubuque, Iowa. I With asphaltic macadam surface in Gentlemen: The Traffic Institute Regular Session, April 7, 1952 216 of Northwestern University is con- course in Accident nt 1952. The term of office for this iv commission s five ducting a new beginning May ly submitted. Investigation ending June lath. L. J. SCHILTZ, and Alr. Hugh Callahan, Chief of City Manager Councilman Schueller moved that police, has requested permission this Mr. l outs Stoffre>tien and Mr. .1. ]I. to select a man to attend it is very beneficial to Schiltz be reappointed as mem- course as Department and the hers of the Planning and Zoning the police have trained men in this Commission for terms of five years, City to The Traffic Institute of said terms expiring May 24, 1857. field. Northwestern i;niversity is recog Seconded by Councilman Welu. Carried by the following vote: as outstanding in this work. nixed I recommend that this request Yess--Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. be granted and the City pay all for the officer select- Nays—None. the expenses ed. April 7, 1952 Respectfully submitted, To the Honorable Mayor and L, J. SCHILTZ, City Council, Dubuque, Iowa. City Manager Gentlemen: This is to advise that Councilman Welu moved that the I have approved the following bond recommendation of City Manager and policies and desire to have Schiltz be approved. Seconded by your approval on same for filing, Councilman Austin. Carried by the subject to approval of the City following vote: Solicitor. Yeas—Mayor Kolb, Councilmen TAXICAB Austin, Kintzinger, Schueller, Welu. Art Pitz, (City Cab Company) Naps --None. 2955 Washington Street, Policy No. April 2, 1952 5714)) National Indemnity Com - To the Honorable Mayor and pany. City Council, Dubuque, Iowa. EXCAVATION Gentlemen: Attached hereto is a Seubert & Fessler, 18()3 Central letter submitted to the Board of Avenue, United States Fidelity Engineers for Rivers and Harbors Guaranty Co. setting out conditions in the City Braconier Plumbing & Heating of Dubuque during the times that Co. (W • Irvin Champion, Owner), the Mississippi River is above flood 1091 University Avenue, Policy No. stage. 4435, indemnity insurance Co. of According to your authorization, North America. Curtis -Straub Company, 1072 I am preparing to appear before Locust Street, Policy No. PC 13551 this N)ard on April 10th to explain Central Surety & Insurance Cor - orally the flood control report and request authorization for study by poration. Larson Construction Co., 952 Mt. the Corps of Engineers. Respectfully submitted, Loretta Avenue, Policy No. Li L. J. SC 1.015365, Iowa Mutual Casualty CO - Man City M Manager George I. Reaves Plbg. & Heating Austin moved that Co., 2531 Windsor Avenue, Con- tinental Casualty Co. the communication of City Manager Respectfully submitted, Schiltz be received and made a L. J. SCHILTZ, matter of record. Seconded by City Manager Councilman Schueller. Carried by Councilman Welu moved that the the following vote: bond and policies be approved and Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. placed on file. Seconded by Coun- Placed Nays—None. Schueller. Carried by the following vote: April 2, 1952 year—Mayor Kolb, Councilmen To the honorable Mayor and Austin, Kintzinger, Schueller, Well,. City Council, Dubuque, Iowa Nays --None. Gentlemen: The terms of Louis April 7. 1952 Stoffregen and J. H. Schiltz asTo the Honorable Mayor and member's of the Planning and 'ion I City Council, Dubuque, Iowa. ing Commission expire May 24.1 Gentlemen, This is to advise that Regular Session, April 7, 1952 217 I have approved the following pol- icy and desire to have your ap- provnl on same for filing, subject. to the approval of the City Solici- tor: EXCAVATION Louis Buechel, 2230 Central Av- enue, Policy No. SMC 187020, United States Fidelity do Guaranty Co Respectfully submitted, I_ J. SCHII.T7, City Manager Councilman Welu moved that the policy be approved and placed on file. Seconded by Councilman Aus. tin. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. April 7, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On March 6, 1952, the undersigned committee, to- gether with the Building Commis- sioner, made an inspection of the building located at the rear of the premises known as 678 Central Avenue and situated on parts of City Lots 289A and 290A, and here- with submit a report of our find- ings: A thorough examination of the building discloses that the founda- tion has failed causing large verti- cal and diagonal cracks throughout the building. The north wall rear portion was built on a wood sill and this has rotted and no longer is capable of definite support. An effort has been made to tie the building together with rods and plates but cannot replace the sup- port needed by proper foundation. This building has depreciated to more than seventy per cent of its original value and therefore in view of the above it is our recommen. dation that to protect the safety of the public and the users of this property this building; be condemn- ed as a nuisance and a dangerous structure. Yours very truly, DONALD J. BANDY, Building Commissioner FRED FIGHTER, FRED W. SCHROEDER, J. H. SCHILTZ Councilman Austin moved that the recommendation of the Con- demnation Committee and the Wilding Commissioner be approv- -d. Seconded by Councilman Welu. 'arried by the following vote: Yeas—Mayor Kolb, Councilmen kustin, Kintzinger, Schueller, Welu. Nays—None. RESOLUTION NO. 164-52 Whereas, pursuant to the direc- tion of this body, the Building Commissioner and a committee composed of Fred Fichter, Fred Schroeder and Harry Schiltz on March 6, 1952 made a thorough in- vestigation of a certain structure located at the rear of the premises known as 678 Central Avenue and situated on parts of City Lots 289A and 290A: and, Whereas, the Building Commis- sioner and said committee have heretofore on April 7, 1952 filed a report of their findings from said investigation which report is now on file with the City Clerk and which report recommends that said structure be declared a nuisance and abated as such; and, Whereas, it appears that Henry F. Feye, Florence Feye, Carl Feye and N. J. Loes Estate are the own- ers of said structure; Now, Therefore: Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That the Building Commissioner of the City of Du- buque be, and he is hereby directed to prepare and serve upon Henry F. Feye, Florence Feye, Carl Feye and N. J. I.oes Estate, written no- tice commanding them to appear before the City Council of the City of Dubuque at a meeting to be held at 7:30 P.M. on the 5th day of May, 1952, in the City Council Chamber in the City of Dubuque, and show cause, if any they have why said building should not be. declared a dangerous structure, a nuisance and abated. Passed, approved and adopted this 7th day of April 1952. RAY F. KOLB, Mayor CLARENCF P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, 1.EO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk councilman Welu moved the adoption of the resolution. Second- 218 Regular Session, April 7, 1952 _ ed by Councilman Schueller. Car- ried by the following vote: lmQu Yeas �a n$eK011-r. llcr�We Austin, 111- Nays—None. (Ordering Constrvctian) Itt,90LUTION NO. 99--54 Be it Resolved by the City ('oun cil of the (tity of Dubuque that. pursuant to a resolution of neces- sity No. fg -_52 which was duly passed by this Council, for the im- provement of Adeline line Street Grand- the Fast Property view Avenue to the west property line of Ramona StTdered and eon,(A be and the are, hereby strutted by this Council upon its own Motion and without the peti- tion of property owners. All the work shall be constructed in Re- ctudanoe with the plaas and speci- fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying with- in the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipa- tion of deferred payments of asseess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here• in provided for in the, manner pro- vided by law, the said improve- ments shall be completed on or be- fore 10 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Moved, adopted and approved this 7th day April, 1952. RAY F. KOLB. Mayor CLARENCE P. WELU, CHARLES A. KINTZINGF.R, RUBEN V. AUSTIN, LEO N. SCNUF I.I.ER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas—blayor Kolb,Councilmen Austin, Kintzing,-r, Schueller. Welu. Pays—None. (Ordering Construction) RESOLUTION NO. 101-52 Be ft Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No 88 -52 which was duly passed by this Council, for the improvement of Apple Street from North property line of Cleve- land Avenue to the south property line of Oak Street be and the same are hereby ordered and con- structed by this Council upon its own motion and without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the sarin 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 improvement, or sewer fund~ of the city, or partly from each of such funds Pay- ment will be made to the con, tractor out of funds realized from the sale of bunds to be issued in anticipation of deferred payments of assessment" as provided by law niter the work hat, tx,en completed and accepted by the City (�ouncil. Be It Fi ether RpHolvcd that the Regular Session, April 7, 1952 219 City Clerk be and he is hereby tion to the special benefits con- ordered and directed to advrrtise !ferred, and any deficiency will be for proposals for the construction' paid out of the improvement funds of the various improvements here- of the city, or partly from each in provided for in the manner i of such funds. Payment will be by law, the said improve- made to the contractor out of provided i merits shall he completed on or fu" realized from the sale of before to calendar days after bonds to be issued in anticipation notice to proceed is issued. of deferred payments of assess- Be It Further Resolved that this meats as provided by law after resolution being deemed urgent the work has been completed and and of immediate necessity shall accepted by the City Council. be in force and effect from and Be k Further Resolved that the after its passage and adoption by City Clerk be and he is hereby the City Council. Approved and � ordered and directed to advertise placed on file for final action this for proposals for the construction 22nd day of March, 1952. of the various improvements here- Passed• adopted and approved in provided for iu the manner pro- this 7th day of April, 1962. vided by law, the said improve- RAY F. KOLB. uueuts shall be completed on or Mayor. before 10 calendar days after CLARENCE P. WFI,U, notice to proceed is issued. CHARLES A. KINT?,INGEW Be It Further Resolved that this RUBEN V. AUSTIN, resolution being; deemed urgent LEO N. SCHUELLER, and of imuu•diate necessity shall Councilmen. be in force and effect from and Attest: J. J. SHEA, after its passage and adoption by City Clerk. the City Council. Approved and Councilman Austin moved the placed on file for final action this adoption of the resolution. Sec- 22nd day of March, 1952. onded by Councilman Schueller. Passed, adopted and approved Carried by the following vote: this 7th day of April, 1952. Yews Mayor Kolb, Councilmen RAY F. KOLB, A u s t i n, Kintzinger, Schueller, Mayor. WeleL CI.ARENCE P. WELU, Nays None CHARLES A. KINTZINGER, (Ordering Constructions) RUBEN V. AUSTIN, RESOLUTION NO. 103-52 LEO N. SCHUELLER, Councilmen. Be It Resolved by the City Attest: J. J. SHEA• Council of the ('its of I)ubu<tue City Clerk. that pursuant to a resolution of man moved the Councilman necessity No. SP 52 which was reselu ption Sec- adoption of the resofAust, duly passed by this Council, for See- oaded by Councilman Austin. Car the improvement of the west side rioter bw the following vote: of Croan Street from the south Yeas--Mayor Kolb, Councilmen Property line of (bates Street to Austin, Kintainger• Schueller, the north property line of Simp W yo» Street be and the sane are Nays None. Na hereby ortit'red and constructed (Orderiap Construction) by this Council ulion its own motion or without the petition of RESOLUTION NO. 105-52 property owners. All the work Iioa It Resolved by the City the City of Dubuque shall be coaertructed in accordance council of with the plans and specifications that pursuant to a resolution of heretofore adopted and now on necessity No, 72 52 which was Council, for file in aw office of the city Clerk. duly passed by this improvenueat of Decatur Street Be It Furtfwr Resolved that the I the i from east property line of Rhom- root and expense of said improve- berg Avenue to the west property rnents he paid for by levyingI privately owned property lying liar of Garfield Avenue be and hereby ordered and within the assessable distance the same are by this Council upon from the improvements, whether such property abut upon the same ewstrret4P its awn motion and without tilt' All to are adjarrnt thereto, according petition of property owners. I the work shall be constructed in to the area thereof and in propon 220 Regular Scssion. April 7, 1952 accordance with the plans and (Ordering Construction) spec ications heretofore adopted RESOLUTION NO. 107-52 and now on file in the office of I Be It Resolved by the City the City Clerk. Council of the City of Dubuque Be It Further Resolved that the cost and expense of the said im• that pursuant to a resolution of be paid for by levying necessity No. 75 52 which was provements special assessments against the duly passed by this Council, for privately owned property lying the improvement of Decatur Street within the assessable distance from from cast property line of Pres - the improvements, whether such property abut upon the same or pro rt Cott Street to the west property are adjacent thereto, according to line of Lincoln Avenue be and the area thereof and in proportion the same are hereby ordered and to the special benefits conferred, constructed by this Council upon and any deficiency will be paid out of the improvement, or sewer its own motion and without the funds of the city, or partly from petition of property owners. All each of such funds. Payment will the work shall be constructed in be made to the contractor out of accordance with the plans and street funds realized from the sale specifications heretofore adopted of bonds to be issued in anticipa- tion of deferred payments of as- and now on file in the office of sessments by law after the work the City Clerk. has been completed and accepted Be It Further Resolved that the by the City Council, cost and expense of the said im- Be It Further Resolved that the provements be paid for by levying City Clerk be and he is hereby special assessments against the ordered and directed to advertise privately owned property lying for proposals for the construction within the assessable distance of the various improvements here- from the improvements, whether in provided for in the manner pro- such property abut upon the same vided by law, the said improve- or are adjacent thereto, according ments shall be completed on or to the area thereof and in pro - before 10 calendar days after portion to the special benefits con - notice to proceed Is issued. ferred, and any deficiency will be Be It Further Resolved that this paid out of the street improvement, resolution being deemed urgent funds of the city, or partly from and of immediate necessity shall each of such funds. Payment will be in force and effect from and be made to the contractor out of after its passage and adoption by funds realized from the sale of the City Council. bonds to be issued in anticipation Approved and placed on file for of deferred payments of assess - menta as provided by law after final action this 22nd day of March, the work has been completed and 1952. accepted by the City Council. Passed, adopted and approved Be It Further Resolved that the this 7th day of April, 1952. City Clerk be and he is hereby RAY F. KOLB. ordered and directed to advertise Mayor. for proposals for the construction CLARENCE P. WELU, of the various improvements here - CHARLES A. KINTZINGER, in provided for in the manner RUBEN V. AUSTIN, LEO N. SCHUELLFR, provided by law, the said improve - ments shall be completed on or Councilmen. Attest: J. J, SHE:A, before four calendar days after notice to proceed is issued. City Clerk. Councilman Schueller Be It Further Resolved that this moved the adoption of the resolution. Sec. resolution being deemed urgent and of immediate necessity shall onded by Councilman Austin. Car. I be in force and effect from and rigid by the following vote: Yeas I after its passage and adoption by Mayor Kolb, Councilmen Austin, Kintzinger, the City Council. schueller, W Approved and placed on file for Na Nays None. final action thio 22nd day of March, + 1952. Regular Session. April 7, 1952 221 Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB. Mayor. CLARENCE P. WELU. CHARLES A. KINTZINGER, RUBEN V. AUSTIN, I LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. i Nays -None. (Ordering Construction) I RESOLUTION NO. 109-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 78-52 which was duly passed by this('ouncil, for the improvement of Hamilton Street from east property line of Rhomberg Avenue to the west property line of Garfield Avenue be and the same are hereby ordered and constructed by this Council upon its own motion and with the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It, Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, any any deficiency will be paid out of the street improvement. or sewer funds of the city, or Partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner provided by law, the said improve- ments shall be completed on or before 10 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being; deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENC:E P. WELU, I CHARLES A. KIN ZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the ! adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays None. (Ordering Construction) RESOLUTION NO. 111-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 81 -52 which was duly passed by this Council, for the improvement of Hamilton Street from East property line of Lincoln Avenue to the west prop- erly line of Prescott Street be and the same are hereby ordered and constructed by this Council upon Wi own motion and with the peti. tion of property owners. All the Iwork shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provemenls be paid for by levying I s1wcial asse-file tits 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 222 Regular Session, April 7, 1952 the area dWraa[ wd in proportion to the speeW ibeaefits conferred. and any deficiency will be paid ort of the street improvement, or sewer funds of the city, or partly from each of such funds. Paymeet will be mak to the eontractor oat of funds realized from the rale of bonds to be issued in anticipation of deferred payments of assesa- in uts as provided by law after We work has been completed and accepted by the CW 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 hem in provided for in the Ma,zaPr pro• vided by law, the said improve- ments shall be completed on or before 7 cakndar days atter notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council Approved and placed on file for final action this 22nd day of March, 1952. Pwised, adopted and approved this 7th day of April, 1952. RAY F. KOLB, CLARENCE Y RWM;, 'CHARLES A. KINITSiNCER, RUBEN V. AUSTIN, LBO N. SCHUEUXR. (:ouaicfl mea. d. J. SHF.A, City Clerk. 000131cilman Austin moved the adaption of the resolution. Sec- onded by councilman Srhuellcr. C,arr"d by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Klntzinger, Schueller, welu. Nays None. lorderin9 Construction) MSOLUTION NO. 113--52 I Be It Resolver) by the City t' unci at that I of. the City of Dubuque pv "an' to a resolution of necessity No. 84 52 which was duly passed by this Council. for the improvement M Lawther Street from woo property line of harden Avenue to the east prolierly line of Brunswick Street be and the I'll are hereby orderod and colt- sttvcted by this Council upon its own motion And uilh the petition of property owners, All the work shall be constrsrrted in accordance with the plans and specifications beretofore adopted and now on file in the office of the City Clerk. I Be It Further Resolved that the cost and expense of the said im. provements he paid for by levying special assessments against the privately owned property tying I within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thetrof armi it propor- tion to the special benefits con- ferred, and any deficiency will he paid aut of the street improvement, or newer funds: of the city, or Partly from each of such funds. payment will be made bo the con• tractor out of funds realized from the sal of bonds to he iss:uvd in anticipation of deferred payments of assni+sinents as provided by law after the work has been conipleted 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 thF various improvements here- in provided for in the manner pro vided by taw, the said improve- ntenLs shall be completed on or before 15 calendar days after notice to proceed is issued. Be It further Resolved that this resohition beini; deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the Vity Council. Approved and placwd on file for final actinic this 22nd day of U&rc:h, 1852. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARI _N 'E P WEIAT. CIiARLES A. KIN'ITINC,F:R, itUBI:N V. AUSTIN, LFO N. SCHIJELLER. Councilmen. Attest: J. J. SHEA, City (lerk. Councilman Schueller moved the adoption of the resolution. Ser - ended by Councilman Austin. Car- ried by the following vote. I 7 Regular Session, April 7, 1952 223 Yeas—Mayor Kolb, Councilmen Appr•owd and placed on file for Austin, Kintzinger. Schueller, I finsi adoption this 22nd day of Welu. Mnrch, 1952. Nays None. Passed, adopted and approved this 7th day of April, 1952. RAN' F KOI.B, Mayor. CLARENCE P. WELU, CHARLES A. KiNT7INGER, RUBEN V. AUSTIN, LI�JO N. SCHUEII.FR, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Kolb, Councilmen A u s It i n, Kintzinger, Schueller, Welu. Nays—None. (Ordering Construction) RESOLUTION NO. 115-52 Bc It Resolved by the City (•nonoil of the City of Dubuque that pursuant to a resolution of mvecsity No. 87 52 which was duly pained by this Council, for the improvement of Ramona Street fc•om 240 fMet north of the north property line of Adeline Street to 100 feet south of the south prop- erty line of Adeline Street be and the sane are hereby ordered and constructed by this Council upon its own motion and with the peti- tion of property owners. All the work shall be constructed in ac- l cordance with the plans and speci- fications heretofore adopted and (Ordering Construction) now on file in the office of the RESOLUTi014 NO. 117-52 City Clerk. Be It Resolved by tate City Be It Further Resolved that the Council of the City of Dubuque cost and expense of the said im- that pursuant to a resolution of paoveuierus be paid for by levying necessity No. 110--52 which was special aar~essments against the duly passed by this Council, for privately owned property lying the improvement of south side of within the assessable distance Simpson Street from the west from the improvements, whether property line of Fremont Avenue such property abut. upon the same to it point 12.5 feet west of west or are adjacent thereto, according property line of Cross Street be to the area thereof and in propor- and ilte same are hereby ordered tion to the special benefits con- and constructed by this Council ferred, and any deficiency will be upon its own niolion and without paid out of the street ituprovenvent the petition of property owners, or sewer fundis- of the city, or All the work shall be constructed partly from each of such funds. in accordance with the plans and Payment will be made to the con- specifications heretofore adopted tractor out of funds realized from and now on file in the office of 1he stile of bonds to be issued in tate City Clerk. anticipation of deferred payments Be It Further Resolved that of assessments as provided by law after the work has been completed lie cost and expense Of the said and accepted by the ('ity Council. tom" sve be paid for by levy- ing Special assewsments against Be It Further lte>oflved that the the privately owned iwxwerty ly- City Clerk tie and he is hereby iug within the assessable distance ordered and directed to advertise from the improvements, whether for prop(trals for the construction email ptoprrty abut upon the sante Of lie ua(•ious improvements here- or are adjacent thereto, according in provide(f tut• in the manner pro- to the area thereof and in pro- vided by law, the said improve- port ion to the special benefits oon- nlents shall be completed on or ferret, and any deficiency will be before 1.5 calendar days after paid out of the street improve - notice to prooeed is issued. mcnt, or newer funds of the city, He It Further Rrsalved that this or partly from each of such funds. resolution being deemed urgent I 1'avruent will be made to the con - and of inttnc(liate rw essily shall tri I*r out of funis realized from be in f wcv and effect from and the We of bonds to be is»w'd in after its passage and adoption by anticipation of deferred payments tin Pity (:ouncil. ' of assessments as provided by law 224 Regular Session, April 7, 1952 after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 15 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952: Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELL ER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --.None. (Ordering Construction) RESOLUTION NO. 119--52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 93-•-52 which was duly passed by this Council, for the improvement of the East side Of Stetmore Street from south property line of Lombard Street to a point 660 feet south be and the same are hereby ordered and constructed by this Council upon its own motion without the pe li- tion of property owners. All the work shall be constructed in ac. cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk, Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the I privately owned property lying within the assessable distance from the improvements, whether such iproperty abut upon the same or are adjacent thereto, according to thr area thereof and in proportion j to the special 1wriefits conferred, and any deficiency will be paid out of the street improvement, or sewer funds of the city, or partly from each of such funds. Pay. ment will be made to the contract. for out of funds realized from the sale of bonds to be issued in an. ticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. He It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here. in provided for in the manner provided by law, the said im. provements shall be completed on or before 16 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB. Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest. J. J. SHEA, City Clerk, ('ouncilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Ycas-• Mayor Kolb, Councilmen A U S t i n, Kintxinger, Schueller, Welu. Nays -None. (Ordering Construction) RESOLUTION NO. 121-52 He It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 96 52 which was duly passed by this Council, for the improvement of Strauss Street Regular Session, April 7, 1952 225 with curb and gutter from the west property line of Burden Avenue to the east property line of Brunswick 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 on the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, 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 before 17 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of, March, 1952. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE 11. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCRUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays- -None. RESOLUTION NO. 165-52 Be It Resolved by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Margaret Oeschger, 815 West 5th Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas --Mayor Kolb, Councilmen A it s t i n, Kintzinger, Schueller, Welu. Nays-- None. RESOLUTION NO. 166-52 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the 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 Herbert Bisping, 1401 Flin Street. Elias Mihalas, 574 East 16th Street. 226 Regular Sessioix April 7, 1952 Jeee}ib J. Hoscit, f563 Central Avenue. Elmer E. Meyer, 1828 Central Avenue. i3erateee F. Cox, 2613 University Avenue. Mrs. Florence Miller, 2620 (W, - versify Avenue. Peter & Sfikas, 760 East Kith Street. CLASS "C" PERMIT William J. Wkite, 1193 Asbury Read. Fkitra}d I). Schroeder. 2800 Cen• tral Avenue. Passed adopted and approved this 7th day of April, 19,,". RAY F. KOLB, Mayor. CLARENCE P. WELL', CHARLES A. KiNTZINGER, RUBEN V. AUSTIN, LEC? N. SCHUELLER, Councilmen. Attest: J. J. SHF -A, City Clerk. Councilman Schueller moved the adoption of the resolution, Sec- onded by Councilman well,. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, K4Uziager, Sebueller, Welu. Nays-- None. RESOLUTWX NO, 167--52 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval o! this Conncil, and Whereas, the premises to be oc- Mged by such applicants have beret inspected and found to cots, ply with the ordinances of this City and they have filed a pr�ef bond: Now, Therefore, ofBtheltCiitty Resolved Concil ofDubuquecthat he iTastager be and he is directed to isstw to the following named ap• "cants a Beer Permit, CLASS „B„ PERh1IT Herbert Risping, 1401 Elm Street. Ell'as Nfihalas, 574 Fsut 16th Street Joseph J, Rosch. 1863 Central Avenue. Finier F. Meyer, 1828 Central Avenue. Doranee. F,, Avert ve. Cox, 21313 University ilei", llerent.,e Meller, 2620 Uni versify Avenue, Peter S. Sfikas, 760 East 10th � Steeei. CI ASS "r" PERMIT W Oliam J. White, 1993 Asbury Road. Do"d D. Schroeder, 2WU Cen• tral Avenue. Be k Fui-t.her Itesolved that the bonds, filed by Such applicants be and the Baine Bre hereby approved. Passed. adopted and approved this 7th day of April, 19,'52 RAY F. KOI B, Mayor. CLARF_XCE P. WEI,U, CHARLES A. KINTZINGER, RUREN V. AUSTIN, LF n N. SCii(IFLLFR, Councilmen. Attest: J. ,1. SIiF.A, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-.-Nayor Kolb, Councilmen Aust (n, Kintzinger, Schueller, Welu. Nays None. RESOLUTION NOX 168•-52 HiRsolutiou to fix a date for the incitation of proceedings for the ih4uance of $200,OW Water Neve - nue Eloruk i. 1952 Series, of the City of Dubuque, Iowa. Whereas the City of Dubuyse, is Dubuque County, lows, did here- Wfiare, in the year 19W establish a rnusiicipal waterworks ut and for .Said City which has for many yeura been stipplying water to said City and ita iobahitarits, and Whereas this m3anmi einvfit and control of said municipal water- warka is vented in the City (buried ei saiid City anti no board of trtns- teee exists for this purpose; and Wherems it is necessary and de• sirable that improvements and extensums of tiaid municipal water- trorksa be ronstrtwted, the cost wht•read isestimated to he not less, than $200,(eX), for %%hic•h purpose k will be swcessary that .said City issue its revenue bondss payable from and secured by the net earn- ings of said municipal waterworks as auttwrwed and permitted by Section, 397.10 et seq. of the Code of Iowa, surb bunds to rank on a Parity with $l*6,0Wi Water Reve- nue Itsatiir of said Pity heretofore issued under date of Decembff I. 1950, as authorised and permitted Regular Session, April 7, 1952 227 by the proceedings authorizing the issuance of said outstanding bonds; and Whereas before proceedings are initiated for the issuance of the additional bonds now proposed to he issued it is necessary to fix a date of meeting of this City Coun- cil at which it is proposed to take action for this purpose and to give notice thereof as required by Chapter 23 of the Code of Iowa: Now, Therefore, � Be It resolved by the City Council of the city of Dubuque, liown, as follows: Seetion 1. That this City Council meet on the 5th day of May, 1952, at the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M. at which time and place proceedings will be in- stituted and action taken for the issuance of Water Revenue Bonds, 1952 Series, of said City in the principal amount of $200,000 for the purpose of paying the cost of constructing improvements and extensions to the municipal water- works of said City. Section 2. That the City Clerk is hereby directed to give notice of the Proposed action for the issu- ance of said bonds, setting forth the amount and purpose thereof, the time when and the place where said meeting will be held, by publication at least once not less than ten (10) days before said meet- ing, in the Telegraph -Herald, a newspaper published and of gen- eral circulation in said City. Said notice shall be in substantially the following form: NOTICE OF HEARING FOR ISSUANCE OF WATER REVENUE BONDS, 1952 SERIES The City Council of the City of Dubuque, Iowa, will meet on the 5th day of May, 1952, at the City Hall, in said City, at 7:30 o'clock P.M. at which time and place pro- ceedings will be instituted and ac- tion taken for the issuance of $200,000 Water Revenue Bonds, 1952 Series, of said City for the Purpose of paying the cost of con- structing improvement, and ex- tensions to the municipal water- works of said City. These bonds, whet, is -stied, will not constitute general obligations of said City nor Will they be payable in any manner by taxation. but will rank on a parity with presently outstanding Water Revenue Bonds of said City, dated December 1, 1950, and both of said issues of bonds, together with such additional bonds as may he hereafter issued from time to time on a parity therewith, will be payable solely and only from the net earnings of the municipal waterworks plant and system of said City. At any time before the date of said meeting five or more taxpay- ers axpayers may file a petition in the office of the City Clerk, setting forth their objections thereto. By order of the City Council of t`he City of Dubuque, Iowa this 7th day of April, 1952. J. J. SHEA, City Clerk Section 3, That all orders or resolutions or parts of orders or resolutions in conflict herewith be and the same are hereby repealed. Section 4. That this meeting be and the same is hereby adjourned to meet again at the time and place hereinbefore fixed, for fur- ther consideration of the natters herein set forth. Passed and ap- proved April 7th, 1952. Ray F. Kolb, Mayor CLARENCE: P. WELU, C'IIARLES A. MTZINGER, RUBEN V. AUSTIN, LEO N. SCiIUELLER, Councilmen Attest: J. J. SHEA, City Clerk Recorded April 7th, 1952. J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, 5ehueller,Welu. Nays ---None. RB90LUTION NO. 169-52 Resolution directing the adver- tHement and sale of $200,000 Water Revenue Bonds, 1952 Series. Whereas it is necessary and for the best interests of the City of Dubuque, Iowa, that 52011,0110 Water Revenue Bands. 1952 Series, cun- trinplated to be issued by the City be offered for utle at this time: Now, Therefore, lie it Resolved by the City Council of the City 228 Regular Session. April .. 1()52 of Dubuque. Iowa, as follows: Section 1. That bonds hemi after described, of the City Dubuque, Iowa, be offered f( sale pursuant to published adve tisement, namely: $200,000 Water Revenue Bond 1952 Series, dated .April 1, 195 bearing interest payable Dece ber 1, 1952, and semiannuall thereafter, and maturing $50, on December 1 of each of the year 1955 to 1958, inclusive. Section 2. That the City Clerk be and he is hereby authorized an directed to publish notice of th sale of said bonds for two or more successive weeks in the Telegraph Herald a newspaper of general eir culation in Dubuque County, printed and published in the Cit of Dubuque, Iowa, such notice t be in the customary form and to state that bids will be received and acted upon by this Council at a meeting to be held at 7:30 o'clock P.M., on May 5th, 1952. SlIetion 3. That the Clerk is fur- ther authorized to prepare and re- lease such further information as he may deem advisable in order to afford due publicity to the sale of said bonds. Section 4. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved April 7th, 1952. RAY F. KOLB, Mayor CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: J. J. SHE Councilmen. City Recorded April 7th, 1952.Clerk J. J. SHEA, Councilman City Clerk adoption of Schueller moved the P the resolution. Second• ed by Councilman Austin. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. ORDINANCE NO. 15.--53 An Ordinance Amending Ordi• nance No. 7-._.41 as amended by repealing Sections 8, 10, 11, and 12 thereof and enacting new Sec• - 1 tions in lieu thereof 10 eliminate n. 9uthorization of the sale of raw of milk in the City of Dubuque, pre. ,r Rented and read. r- Councilman Welu moved that the I renting just had be consdered the Bonds I first reading of the ordinance. Sec. 2 onded by councilman Austin. Car. m ried by the following vote: y Yeas, --Mayor Kolb, Councilmen 000 Austin, Kintzinger, Schueller, Welu. rs Nays—None. Councilman Welu moved that the rules be suspended requiring an d ordinance to be read on three sep- arate days. Seconded by Council - re man Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. City Nays—None. 0 ORDINANCE NO. 1S--53 An Ordinance Amending Ordinance No. 7 -41 as amended by repealing Sections 8, to, 11, and 12 thereof and enacting new Sections In lieu thereof to eliminate authorization of the sale of raw milk In the City of Dubuue, LIE IT "OUNCIL ov, r ii -.t ('ITHY Y H N (CITY tT If l •t,I171C; gecHsn 1. That section 8 of Or. dlnBnCe Nr). "-41, as amended, be and the same Is hereby repeated and the following enacted in lieu thereof: MILK PROr)tJ( A Will('IliDES OF ILK A74D MAY 1111. SOLD. No milk or milk products shall be sold to the final consumer or to tesslaitgrocer) Or similar eWishmentix. c•ept Trade A Pasteurised and Corti. fled; provided, that when any milk dlstrlbutor tails to Quallf • for one of the above grades the health officer to authorised to revoke his permit, or In lieu thereof to degrade his product roti pertnit its sate (eurlgx a temporary r d not exceeding 30 days or In r'mergencles such longer period as he may deem necessary. gsNlsn 2. That Section 10 of Or. dinance No. 7---41 as amended be, and the same Is hereby repeated and the following enacted In lieu therein: 10.-• TItANHr FIutlNa ()It ,'.181"114111 M111.K; AldJ1.I�'F:JtY ('uN• TAINFUtH; HANDLING O1 MOHF: rtlA.N ()NP. GRADE,,; DRIAVERY OF WILKy•F:xceVAR NTINfPI) Ripa. p permitted in thin section, no milk producer or distribu- tor shall transfer milk or milk prod - uctr from ons container to another on the street, or in any vehicle it store. or In any place except a bottling or milk room especially used for that I:rrrtime The aale of dip milk Is herehy 1: o tblted All pasteurized milk and milk pro• ducts shall be placed In their final delivery containers in the plant In which they arepasteurized Milk and milk produrda word la the dialrbutor's containers In quantities less than one gallon shall be delivered In standard milk bottles or 1n single -service cin• talners approved by Stale liealth auth• oritie■ It shall be unlawful for hotels, rids fountains, restaurants, groceries, and rintllar establishments to sell or serve any milk or milk product except Regular Session, April 7, 1952 229 in the original container In which It was received from the distributor or from a bulk container equipped with an approved dispensing device; pro. vided, that this requlrenunl shall i,ot apply to cream consumed on the premises, which may me served from the original bottle or from a dispenser approved for such service. It shall be unlawful for any hotel, soda fountain, retaurant, grocery, or almllnr estubllahnuut to sell or serve any milk or milk products which have not been maintains•., while In its pos• session. at a temperature of 56 de. grees F. or less. No milk or milk products shail be permitted to conte In couta^t with equipment with which 9 lower grade of milk or milk products has ileen in contact unless such rqurrment has been first thoroughly cleaned and suh- lected to bactericidal treatment. Bottled milk or milk products. If stored in water. %hall be so stored that thetops of the b -Arles will not be suhmerged. It shall be the duly of .+11 persoms to whom milk or milk products are de- livered to clean thorouynly the con- tainers in which such milk or milk products are delivered hefore return- ing such containers. Apparatu%, con- tainers, equlpment, and uleuails used in the handling, storage. processing, or transporting of milk or milk prod- ucts shall slot bt used for any other purpose tttthout the permission of the health officer. The delivery of milk or milk pro. ducts to, the collection of milk or milk products contalnors from, real- ences In which cases of comuwnl- cable disease tranamisslble through milk supplies exist, shall be subJee L to the special requirements of the health officer." Section 3. That Section ll of Or- dinance No. 7---41, as amended he and the same is hereby repealed end the following enacted In lieu thereof: "Section 11.—MILK ANTI MILK I AODUCTS PROM POINTS SF.YONll Ti 9 LIMITS OF ROUTINE, INSPEC- TION. Milk and milk products from points beyond the limits of routine In- spection of the City of Dubuque may not be sold In the City of Dubuque, Unless produced and pasteurised under flro-lslons wluivalent to the require_ Idents of this Ordinance; provided, tha the health officer shall satisfy himself that the health officer having Jurisdiction liver the productions and processing Is properly enforcing such provisions_" ' Section 4. That Section 12 of Or- dinance No. 7-41, at. amended be and the same is hereby repealed and the following enacted in lieu thereof: "Section 12. — FITTIAti: DAIRIb.h AND MiLK PLANTS. All dalrlea and milk plants from which milk or milk VreOucto are supplied to the City of 1slbuque which ars hereafter con- structed reconstructed, or extenalvelY Altered shall conform to their con- struction to the requiretuenta of this tirdlnance for flrade A dalry farms, or fur Orale A pasteurisation plants, re- siloctively; provided, that the require- ment of a two -room rulik house shall be walved In the ease of dairies the rnilk tram which Is to be pasteurlited Properly prepared plans for all dairies and milk plants which fire here- after construeted, recunstrurled or eatenalvely altered shall he submitted to the health officer for a 1/proval be- fore work is begun. fn t1 o case of fill"' plants signed approval shall be obtained from the health .fticer or that" Department of Ileallh " foctien S. This Ordinance •hall he In full force and effect from and after Its final passage, adoption and publication as by law provided. Introduced the 7th day of April 1952. Rule requu-tng reading on three separate days suspended by unani. mous vole the 7th day of April 1952. . assed, adopted and approved this 7th day of An 1952. ppr RAY F. KOLB Mayor CLARENCE P. WELU CHARLES A KtNTZINGER RUREN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA City Clerk Published officially In The Tele- graph -Herald newspaper this 14th day of April, 1952. J.J. SHEA City Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. RESOLUTION NO. 174-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for improve- ment of Argyle Street with curb and gutter from the north prop- erty line of Lawther Street to the south property line of Groveland Place, estimated cost $1,944.51, presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 171-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuque an are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to tie improved. ;i. The width of such improve- ment. 4. Each lot proposed to be as- sessed with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. fl. In each case the amount there- of which is estimated to be assess- Z30 Regular Session, April 7, 1952 ed against each lot, for the im- provement of Argyle Street with curb and gutter from north prop- erty line of Lawther Street to the south property line of Groveland Place. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount providedby law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street improve- ment fund. Bonds shall be issued find sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro. ceeds thereof used to pay the con- tractor. The above resolution was intro- duced,, approved and ordered plac- ed on file with the City Clerk this 7th day of April, 1952. Approved: RAY F. KOLB, Mayor CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCRUELLER, Councilmen Attest: J..1. SHEA, City Clerk Councilman Schueller moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be. - for final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger. Schueller, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 172-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 170--52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Argyle Street with curb and gutter from north property line of Lawther Street to the south property line of Grove - land Place and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 5th day of May, 1952, a Public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the Proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the bound- aries of the proposed district, to the cost of the improvement, to the amount proposed to be as. sessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Regular Session, April 7, 1952 231 Clerk objections to the amount I se-scd together with a valuation of the proposed assessment, they fixed by the council. shall have been deemed to have 5. An estimate of the cost of waived all objections thereto, at the proposed improvement. ,vhich hearing the Council will 6. In each case the amount hear such objections and enter on I thereof which is estimated to be record its final decision thereon. assessed against each lot, for the p,,9sed, adopted and approved improvement of Bradley Street this 7th day of April, 1952. with curb and gutter from the RAY F. KOLB, west property line of Grandview I Mayor. CLARENCE P. WF.I.U, I Avenue to the east property line CHARLES A. KINTZINGER, of Randall Street. RUBEN V. AUSTIN. I Be It Therefore Resolved that LEO N. SCHUEL.LIR, I the City Council on its own motion Councilmen. and upon petition of property own - Attest: J. J. SIIEA, City Clerk. I ers, deems it advisable and neces- Councilman Austin moved the i sary for the public welfare to make adoption of the resolution. Sec- the herein mentioned improve- onded by Councilman Schueller, ment, and unless property owners Carried by the following vote: at the time of the final considera- Yeas---Mayor Kolb, Councilmen tion of this proposed resolution Austin, Kintzinger, Schueller, have on file with the City Clerk objections to the amount of the Welu. proposed assessments. they shall Nays - None, be deemed to have waived all ob- RESOLUTION NO. 173--52 jections thereto. I'rclituinary approval of pro- posed plans, Specifications, form 5afd improvement shall be con - of contract, plat and schedule and structed and done in accordance all other documents for the im- with the plans and specifleations provement of Bradley Street with which have been prepared there - curb and gutter from the west property line of Grandview Ave- ( fur by the City Engineer which nue to the east property line of have been approved by the City Randall Street, estimated cost $4,- Council and are now on file with ?64.11, presented and read. I the City Clerk. That the cost and Councilman Kintzinger moved expense of making "id improve - I the adoption of the resolution. meat will be assessed upon and Seconded by Councilman Welu. Carried by the following vote: against all privately owned prop - Yeas ---Mayor Kolb, Councilmen erty lying within assessable dis- A u s t i n, Krntzinger. Schtueller, t:mce provided by law and in an Welu, I amount not to exceed the amount Nays None, provided by law, property will be (Necossity for Improvement) assessed whether the same abuts RESOLUTION NO. 176-52 thereon, or is adjacent thereto ac - Whereas, proposed plans, speci. cording to area and in proportion fic;rtions, form of contract, plat to the special benefits conferred and scheduly have twen duly pre. thereby, and any deficiency shall Pared and approved by the City be paid out of the street improve - Council of the City of Dubuque I meat fund. Bonds shall be issued and are now on file in the office and sold in anticipation of de- af the City Clerk showing among ferred payments of aasesrsmectts other thing the following: w h c it a contract has been I. The boundaries of the dis. ! perfornxd and accepted and the trict, if any. proceeds thereof used to pay the 2, The streets to be improved. I contractor. 3. The width of such improve. The above resolution was intro- ment. duced, apProved and ordered 4. E-101 lot propomcd to be as� placed on file with the City Clerk 232 Regular Session, April 7, 1952 this 7th day of April, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved that the resolution just read, be- ing a resolution ordering a street improvement be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --None. (Fixing date of hearing) RESOLUTION NO. 175-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 173--52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Bradley Street with curb and gutter from the west property line of Grandview Ave- nue to the east property line of Randall Street and, Whereas, the proposed Resolu- tion of Necessity for said improve. ment has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 5th day of May, 1952, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and pro. posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of whicli shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas ---Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays- None, RESOLUTION NO. 176-_52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Concord Street with curb and gutter from the north Property line of Coates Street to the south edge of U. S. Highway No. 20 pavement, estimated cost $6,556.49, presented and read. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car. ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 177-52 Whereas, proposed plans, specifi. cations, form of contract, plat and scheduled have been duly prepared Regular Session, April 7, 1952 233 and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Concord Street with curb and gutter from the north property line of Coates Street to the south edge of U. S. Highway No. 20 pave- ment. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare: to make the herein mentioned improve• ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file the with the City Clerk. That the cost and expense of making said im- provement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in pro- portion to the special benefits con. ferred thereby, and any deficiency shall be paid out of the street im• provement fund. Bonds shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been perform. ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac. ed on file with the City Clerk this 7th day of April, 1952. Approved: RAY F. KOLB, Mayor CLARENCE P. WFLU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, I.F0 N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --None. (Fixing date of hearing) RESOLUTION NO. 178-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 176 -.52 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Concord Street with curb and gutter from the north property line of Coates Street to the south edge of U. S. Highway No. 20 pavement and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Be It 'Therefore Resolved that on the 5th clay of May, 1952, a pub- lic hearing will be held at 7:30 o'cloc•k PM. in the Council Cham. her in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract and 234 Regular Session. April ?_1952 – at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of 'the proposed assessment, they shall 'have been deemed to have waived all objections thereto, at which bearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOI.B, Mayor. CLARENCE P. WELU. CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec. onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. RESOLUTION NO. 179-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im. provement of Rider Street with eirrb and gutter from the west Property line of South Grandview Avenue to the east property line of Perry Street, estimated cost $3,607.94, presented and read. Councilman 'Schueller moved the adoption of the resolution, Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, K(ntzinger, Schueller, WOW. Nays–None. (Necessity for Improvement) RESOLUTION NO. 180-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis. trict, if any. 2. The streets to be improved. 3. The width of such improve merit, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Rider Street with curb and gutter from west prop- erty line of South Grandview Ave- nue to the cast property line of Perry Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ,ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consider. ation of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all, ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which 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 Regular Session, April 7, 1952 235 be paid out of the street improve- ment fund. Bonds shall be issued and sold in anticipation of de- ferred pavments of assessments rn ,n a contract has been performed and accepted and the proceeds thereof used to pay the contractor The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WEI.U, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SH.EA, City Clerk. Councilman Welu moved that the resolution just read, being a resolution ordering a street im- provement be now considered complete in form for final passage and further move that the same bePlaced on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Sec- ond -d by Councilman Schueiler. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays None. (Fixing data of hearing) RESOLUTION NO. 181-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 179 52 given its Preliminary approval on the pro- posed plana, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Rider Street with curb and gutter from west property line of South Grandview Avenue to east property line of Perry Street and, Whereas, flit- proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City C'lerk's office for puhlic inspection, Bt' It Therefore Resolved that On the 5th day of May, 1952, a pub - lir hearing will he held at 7.30 O'clock P.M. in the Council Cham• ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed 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 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 7th day of April. 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueiler. Carried by the following vote: Yeas. -Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays None. RESOLUTION No. 182-52 Preliminary approval of pro - Posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Whelan Street with curb and gutter from the east property line of Bradley Street to the west property line of South Grandview Avenue, estimated cost tbl,:ki5.lU, presented and read. Councilman Austin moved the Adoption of the resolution. Sec- 236 Regular Session, April 7. 1952 onded by Councilman Schueller. Carried by the following vote: Yeas—Mnyor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 183-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Whelan Street from the east property line of Bradley Street to the west prop. erty line of South Grandview Ave- nue. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the CIty Council and are now on file with the City Clerk. That the cost and expense of making said improve. ment will be assessed upon and against all privately owned prop. erty lying within assessable dis. tance provided by law and in an amount not to exceed the amount Provided by law, property will be I assessed whether the same abuts thereon or is adjacent thereto ac. cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street improve- ment fund. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered complete in form for final pas- sage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 184--52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 182--52 given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Whelan Street with curb and gutter from the east property line of Bradley Street to the west property line of South Grandview Avenue and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Regular Session, April 7, 1952 Be It, Therefore Resolved that on the 5th d willf be yheld tat 730 lie hearing o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be as. sessed against any lot 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 prop- erty owners at the time of final consideration of said resolution have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 7th (lay of April, 1952. RAY F. KOL.B, Mayor. CLARENCE P. WELD, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEU N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. See. onded by Councilman Kintzinger. Carried by the following; vote, Yeas Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays--- None. RESOLUTION NO. 185-52 Preliminary approval of pro - Posed plan, specifications, form of contract, plat and schedule and all other documents for the construc- tion of an eight (8) inch vitrified the sanitary sewer in Apple Street 237 from the present manhole in Rush Street to 210 feet north, estimated cost $1,188.12, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays ---None. (Necessity for Improvement) RESOLUTION NO. 196--52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among among other things the following: 1. The boundaries of the dis- trict, if any. 2. The width of such improve- ment, and the size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement. 5. in each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of an eight (S) inch sanitary sewer in Apple Street from existing manhole in Rush Street to 210 feet north. Be It Therefore Resolved that the City Council on petition of 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 pro- posed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections lherto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the ('ity Engineer which have leen approved by the City Council and are now on file with the ('ity 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 .38 Regular Session, April 7, 1952 tanee provided by ]am' and in an amount not to exceed the amount provided by law, property will be assessed whether the some abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid by property owners accord- ing to petition and waivers. Bonds shall be issued an dsold in antici. pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intra duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1952. Approved: RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved that the resolution just read being a resolution ordering a sewer im- provement be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas ---Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 187-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 185-52 given its preliminary approval on the proposed plans, specifications and on file in the office of the City Clerk for public inspection, for form of contract and placed same the construction of an eight (8) inch sanitary sewer in Apple Street from existing manhole in Rush Street. to 210 feet north and, Whereas, the proposed Resolu- tion of Necessity for said improve- mont has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 5th day of May, 1952, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE I'. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays --None. RESOLUTION NO. 188-52 Preliminary approval of pro- posed plans, specifications, form Of contract, plat and schedule and all other documents for the con- struction of a 12 inch sanitary Regular Session, April 7, 1952 239 sewer in Kaufman Avenue from I the existing manhole opposite the ' s,)utheast corner of Lot 45 in Bur- ton's Addition: thence northwest- erly 47 feet at angle of 415 degrees from existing sewer line to north property line of Kaufman Avenue; thence westerly along north prop- erty line of Kaufman Avenue n aistance of 794 feet; thence south a distance of 62 feet across Kauf- man Avenue with 8 inch sewer line, estimated cost $6.190.54, pre- sented and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote- yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 189-52 Whereas. proposed plan,, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The width of such improve- ment, and the size and kind of sewers. 8. Each lot proposed to be as. sessed together with a valuation fixed by the Council. 4. An estimate of the cost of the proposed improvement. 5. In each case the amount there- of which is estimated to be assess- ed against each lot, for the con- struction of a 12 -inch sanitary sewer in Kaufman Avenue from the existing manhole opposite the southeast corner of Lot 45 in Bur- ton's Addition; thence northwest- erly 47 feet at angle of 45 degrees from existing sewer line to north property line of Kaufman Avenue; thence westerly along north prop- erty line of Kaufman Avenue a distance of 794 feet; thence south a distance of 62 feet across Kauf- man Avenue with 8 -inch sewer line. Be It Therefore Resolved that the City Council on its own mo- tion or 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 consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the proposed assessments, they shall he deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Sewer Fund. lionds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof uesd to pay the contractor. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1952. Approved. RAY F. KOLB. Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read being a resolution ordering a sewer im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be tore ficial adoption. seconded by Councilman Schueller. Carried by the following vote: 24() Rcgular Session, April 7, 1952 Yeas—Mayor Kolb, Councilman Austin, Kintzinger, Schueller, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 190-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 188-42 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 a 12 -inch sanitary sewer in Kaufman Avenue from the existing manhole opposite the southeast corner of Lot 45 in Bur- ton's Addition; thence northeast- erly 47 feet at angle of 45 degrees from existing sewer line to north property line of Kaufman Avene; thence westerly along north prop- erty line of Kaufman Avenue a dis- tance of 794 feet; thence south a distance of 62 feet across Kauf- man Avenue with 8 -inch sewer line, and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 5th day of May, 1952, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro. Posed to be assessed against any lot and to the passage of the pro. Posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE 111. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays --None. There being no further business, Councilman Schueller moved to adjourn. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. J. J. SHEA, ity erk. Ap4*u_ ib ILL- - . 1952. Adoopted � ...1*2, Councilmen: t .1 Special Session, April 15, 1952 241 City Council (OFFICIAL) Special Session, April 15, 1952 Council met at 7:30 P. M. Present Mayor Kolb, CounciF men Austin, Kintzinger, Schueller, Welu. City Manager Schiltz. Meeting called by order of Coun- cilmen Kintzinger and Schueller. Mayor Kolb read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of conducting public hearings on var- ious street improvements, also for considering bids submitted on var- ious street improvements and act- ing on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Adeline Street with asphaltic macadam surfacing from the east property line of Grandview Avenue to the west property line of Ramona Street, presented and read. No written ob- jections filed and no objectors P r sent in the Council Chamber at tie tiMe.set for said hearing. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --None. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 191-52 Whereas, proposed plans and specifications and form of contract for the improvement of Adeline Street with asphaltic macadam sur- facing from the east property line of Grandview Avenue to the west property line of Ramona Street have been approved by the City Council of the City of Dubuque and public notice given as pro vided by Chapter 391 of the Code A Iowa, 1950, pertaining to public ,.ontracts and bonds, and the time and place fixed for the hearing of 311 objections to said plans, speci- fications or contract for or cost of such improvements, said time be- ing this 15th day of April, 1952; and Wheeras, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M., at the Council Chdmbers in the City Hall for the purpose of hear. ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans for or cost of the im. provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefor Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, for or cost of said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, ('HARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. See- onded by Councilman Welu. Car- ried by the following vote: Yeas --Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nuys. ---None. (Necessity for Improvement) RESOLUTION NO. 127-52 Whereas, proposed {glans, speci 242 Special Session, April 15, 1952 fications, form of contract, plat and schedule have been duly pre- pared and approved by the ty Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- essed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of materal to be used. fl. In each ease the amount there- of which is estimated to be as. sessed against each lot, for the im- provement. of Adeline Street with asphaltic macadam surfacing from the east property line of Grand- view Avenue to the west property line of Ramona Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necesasry for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessment, they shall be deemed to have waived all objections thereto. Said improvement shall be con- strued and done in accordance with the plans which have been pre- pared therefor by the City Engi- neer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac. cording to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of street improve- ment funds. Bonds shall be issued and sold in anticipation of de. ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Ordering Construction) RESOLUTION NO. 192-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 127---52 which was duly passed by this Council, for the improvement of Adeline Street with asphaltic macadam surfacing from the east property line of Grandview Avenue to the west property line of Ramona Street be and the same are hereby ordered and constructed by this Council upon its own motion with- out the petition of property own- ers. All .he work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk, Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the Privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special beneflts con- ferred, and any deficiency will be paid out of the street improvement funds. Payment will be made to the Special Session, April 15, 1952 243 contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- ments of assessments as provided by law after the work has been completed and accepted by the City Council, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall he in force and effect from and i after its passage and adoption by the City Council. Approved and placed on file for final adoption this 151(h day of April, 1952. Councilman Austin moved that this resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas ---Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Apple Street with asphaltic macadam surfacing from north property line of Cleve- land Avenue to the south property line of Oak Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas.- Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays None. ( Decision of Council upon ob- iections to plant., specifications, foam of contract and cost of im- Pravements.) RESOLUTION NO. 191-52 Whereab, proposed plans and siiOh+cificatiouh and form of contract for the improvement of Apple Street with asphaltic macadam surfacing from north property line of Cleveland Avenue to the south property line of Oak Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said !ime be- ing this 15th day of April, 1952; and Whereas. the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, for or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which weighed and considered; now, therefore Be It Resolved by the City council of the City of Dubuque, that all objections which have been made and filed to the plans for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, hereto- fore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, for or cast of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. (,,LARFNCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest; J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. See- 244. Special Session, April 15, 1952 onded by Councilman Schueller, Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays –None. (Necessity for Improvement) RESOLUTION NO. 130-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the 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 thereof which is estimated to be assessed against each lot, for the improvement of Apple Street with asphaltic macadam surfacing from north property line of Cleveland Avenue to the south property line of Oak Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections therto. Said improvement shall be con- structed and done in accordance with the plans which have been Prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the I same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, ntraduced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays -----None. (Ordering Construction) RESOLUTION NO. 194-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 130-52 which was duly passed by this Council, for the improvement of Apple Street with asphaltic macadam surfacing from north property line of Cleve- land Avenue to the south property line of Oak Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the Petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying Special Session, April 15, 1952 245 within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been 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 it pa,;sage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Cross Street with asphaltic macadam surfacing from north property line of Simpson Street to south property line of Coates Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Welu moved that the proof of publication he received and filed. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays None. (Decision, of Council upon ob- jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION NO. 195-52 Whereas, proposed plans and specifications and form of contract for the improvement of Cross Street with asphaltic macadam surfacing from north property line of Simpson Street to south prop- erty line of Coates Street have been approved by the City Council of the City of Dubuque and pub- lic notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 15th day of April, 1952; and Whereas, the City Council met in special sezision this 15th day of April, 1952 at 7:30 o'clock P.M. at the Council Chambers in the City Ball for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque that all objection which have been made and filed to the plans for or cost of said improvement herein described and proposed to be made. Le and the same are hereby over- ruled and such splans, heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. 246 Special Session, April 15, 1952 Passed, adopted and approved this 15th day of April, 1952, RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A it s t i n, Kintzinger, Schueller, Welu. Nays --None. (Necessity for Improvement) RESOLUTION NO. 133-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater. ial to be used, B. In each case the amount thereof which is estimated to be assessed against each lot, for the lmpovement of Cross Street with asphaltic macadam surfacing from North property line of Simpson Street to south property line of Coates Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement. and unless property owners at the time of the final consideration of this proposed resolution have on We with the City Clerk objections to the amount of the proposed as. sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be constructed and done in accord- ance with the plans which have bern prepared Therefor by the City Engineer whch have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid out of street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 15th clay of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest, J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas ----Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays- None. (Ordering Construction) RESOLUTION NO. 196-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 133 52 which was duly passed by this Council, for the improvement of Cross Street with asphaltic macadam surfacing from north property line of Simp- son Street to south property line of Coates Street be and the same are hereby ordered and con- structed by this Council upon its Special Session, April 15, 1952 247 own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements he paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether I such property abut upon the same or are adjacent thereto, according to the area thereof and in pro- portion to the special benefits con- ferred, and any deficiency will he paid out of the street improvement funds. Payment will be made to the contractor out of funds rea- j lited from the sale of bonds to he , issued in anticipation of def, rred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by tae City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Schueller moved that the resolution just read being a resolution ordering a street im. provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in spection for at least one week be- fore final adoption Seconded by Councilman Schueller. Carried by the following vote: Yeas Mayor Kolb, Councilmen A u s t i n, Kintainger, Schueller, Welu. Nays, None. Proof of publication, certified to by the publishers, of notice of Pendency of resolution of neces- sity and hearing upon proposed Plans. specificatiows, form of con- tract and cost of improvement for the improvement of Decatur Street with asphaltic macadam surfacing from the east property line of ithomtx,rg Avenue to the west property line of Garfield Avenue, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Welu moved that the proof of publication be re - (rived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --None. (Decision of Council upon ob• lections to plans, spectifications, form of contract and cost of im• provem*nts.) RESOLUTION No. 197-52 Whereas, proposed plans and specifications and form of contract for the improvement of Decatur Street with asphaltic macadam surfacing from the east property line of Rhomberg Avenue to the west property line of Garfield Ave- nue have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 391 of the Code of Iowa. 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plaps, specifications or contract for or cost of such improvements, said time being this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing{ all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made. and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans for or cost of said Improvement herein described and proposed to be made, he and the same are hereby overruled and such plans 248 Special Session, April 15. 1952 heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 136-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as. sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Decatur Street with asphaltic macadam surfacing from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessac•y for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of he proposed as- sessments, they shall be deemed to have waived all objections there– to. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of street improve - mer,' funds. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered Placed on file with the City Clerk the 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec onded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller. Nays None. (Ordering Construction) RESOLUTION NO. 198-52 Be It Resolved by the City Coun- Special Session, April 15. 1952 249 cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 136-52 which was duly passed by this Council, for the im. provement of Decatur Street with asphaltic macadam surfacing from the cast property line of Rhomberg Avenue to the west property line of Garfield Avenue be and the same are hereby ordered and con- structed by this Council upon its own motion without the petition of property owners. All the work shall be constructed in accordance with the pians and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street improvement funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Schueller moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plet in forth for final passage and further move that the same be placed on file with the City Clerk and remain on fila for public in spection for at least one week be- fore final adoption. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-. _None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans. specifications, form of contract and cost of improvement for the im- provement of Decatur Street with asphaltic macadam surfacing from the east property line of Prescott Street to west property line of Lincoln Avenue, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Austin moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Kintzinger. Carried by the fol- lowing vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Weill. Nays—None. (Decision of Council upon obpec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION NO. 199-52 Whereas, proposed plans and specifications and form of con- tract for the improvement of De- catur Street with asphaltic macad- am surfacing from east property line of Prescott Street to west property line of Lincoln Avenue have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, Faid time be- ing this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952 at 7:30 o'clock P. M. at the Council Chambers in the city Hall for the purpose of hear- ing all interested parties and con- sidering; any and all objections which have been filed to the pro- posed plans. for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore 250 Special Session. April 15, 1952 Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and Such plans hereto- fore approved are hereby adopted. Be It further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor CLARENCE P. WELt;, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas —Mayor Kolb, Councilmen Austin, Kintainger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO, 139-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. 8, In each case the amount there. of which is estimated to be assess- ed against each lot, for the im- provement of Decatur Street with asphaltic macadam surfacing from east property line of Prescott Street to west property line of Lincoln Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of street improvement fund. Bonds shall be issued and :fold in antici• pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 22nd day of March, 1952. The forcguing rc,olution was finally Passed and adopted, as proposed, by the City Council this 15th day of April 1952. RAY F. KOLB, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER. LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- Special Session, April 15, 1952 _ 251 ed by Councilman Kinisinger. Car- ried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Ordering Construction) RESOLUTION NO. 200---52 Be It Resolved by the Pity Council of the City of Dubuque that pursuant to a resolution of necessity No. 139-52 which was duly passed by this Council for the improvement of Decatur Street with asphaltic macadam surfacing from east property line of Pres- cott Street to west property line of Lincoln Avenue he and the same are hereby ordered constructed by this Council upon its own motion without the petition of property owpers. All the work shall be con- structed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. He It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessiuents against the privately owned property lying within the assessable distance from tl�e improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and M propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street improvement funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be is. sued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed un file for final adoption this 15th day of April, 19U. Councilman Welu moved that the resolution just read, being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be Placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, speci- fications, form of contract and cost of improvement for the improve- ment of Hamilton Street with as- phaltic macadam surfacing from east property line of Rhomberg Avenue to west property line of Garfield Avenue, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger. Schueller, Welu. Nays—None. ( Decision of Council upon ob- iections to plans, specifications, form of contract and cost of im- provements.) RESOLUTION NO. 201-52 Whereas. proposed plans and specifications and form of contract for the improvement of Hamilton Street with asphaltic macadam surfacing from east property line of lthomberg Avenue to west prop- erty line of Garfield Avenue have been approved by the City Council of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or c(wt of such improvements, said time being this 15th day of April, 19U, .,nd Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers inthe City hearing all lfall for the p {x 'of interested parties and considering any and all objections which have been filed to the proposed plans, for or cost of the Improvement 252 Special Session, April 15, 1952 herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now there- fore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Weill. Nays—None. (Necessity for Improvement) RESOLUTION NO. 142-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in 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 sensed 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. B. In each case the amount thereof which is estimated to be as- sessed against each lot, for the im- provement of Hamilton Street with asphaltic macadam surfacing from cast property line of Rhomberg Avenue to west property line of Garfield Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of 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 which have been pre- pared therefore by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred there- by. Labor and equipment cost shall be paid out of the street improve- ment fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March. 1952. sewers. The foregoing resolution was 4. Each lot proposed to be as- I finally passed and adopted, as pro- Special Session, April 15, 1952 253 posed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kintzinger. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Ordering Construction) RESOLUTION NO. 202-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 142-52 which was duly passed by this Council,for the improvement of Hamilton Street with asphaltic macadam surfacing from the east property line of Rhomberg Avenupe to the west property line of Garfield Avenue be and the same are hereby ordered and constructed by this Council upon on its own motion without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred. and any deficiency will be paid out of the improvement funds. Payment «ill be made W the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall he in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n. Kintzinger. Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvements for the im- provement of Hamilton Street with asphaltic macadam surfacing from east property line of Lincoln Ave- nue to the west property line of Prescott Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set. for said hearing. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following; vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None- (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im- provements.) RESOLUTION NO. 203-52 Whereas, proposed plans and specifications and form of contract for the improvement of Hamilton Street with asphaltic macadam surfacing from east property line of Lincoln Avenue to the west property line of Prescott Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 341 of the Code of Iowa, 19,50, pertaining to public contracts 254 Special Session, April 15, 1952 and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARP:NCE P. WELU, RUBEN V, AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 14S--52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Hamilton Street with asphaltic macadam surfacing from east property line of Lincoln Avenue to the west property line of Prescott Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- strected and done in accordance with the plans which have been prepared therefor by the City En- dineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- uessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts upon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. labor and equipment cost shall be paid out of the street improvement fund. Special Scssion, April 15, 1952 255 Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council, this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBFN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCFIUELLER, Attest: 1. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Au s t i n, Kintzinger, Schueller, Welu. Nays --None. (Ordering Construction) RESOLUTION NO. 2111--52 Be it Resolved By the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 145--52 which was duly passed by this Council, for the improvement of Hamilton Street with asphaltic macadam surfacing from east property line. of Lincoln Avenue to the west prop- erty line of Prescott Street be and the same are hereby ordered and constructed by this Council upon its own motion without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against Ube privately owned properly 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 In the special benefits conferred, snd any deficiency will be paid nut of the street improvement, or sewer funds of the. city. Payment will be made to the contractor out Df funds realleed from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be It Flurther Resolved that this rew4utton being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Schueller moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage arid further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week before final adoption. Seconded by Councilman Kintzinger. Carried by the following vole: Yeas—Mayor Kolb, Councilmen A u a t i n, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and coat of improvement for the improvement of Lawther Street with asphaltic macadam surfacing from the west property line of Burden Avenue to east property line of Brunswick Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Curried by the following vote: yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Decision Of jections to ptatCounsP�cifions, 256 Special Session, April 15, 1952 form of contract and cost of im- provements.) RESOLUTION NO. 105-51 Whereas, proposed plans and specifications and form of contract for the improvement of Lawther Street with asphaltic macadam surfacing from west property line of Burden Avenue to east property line of Brunswick Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Iiall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans, heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision Of this Council upon all objections which have been filed to plans for or cost of said improvement be made a matter of Permanent record in connection with said improve- ment. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 148-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 3. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In cacti case the amount thereof which is estimated to be as- sessed against each lot, for the im- provement of Lawther Street with asphaltic macadem surfacing from west porperty line of Burden Av- enue to cast property line of Bruns - Wick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived Lill objections thereto. Special Session, April 15, 1952 257 Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved t,y this City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. Th above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINPZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kintzinger. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Au s t i n, Kintzinger, Schueller. Welu. Nuys—None. (Ordering Construction) RESOLUTION NO. 206--52 Be It Resolved by the City Council of the City of Uubuque that pursuant to a resolution of neces- sity No. 148-52 which was duly Passed by this Council, for the im provement of Lawther Street with asphaltic macadam surfacing from west property line of Burden Ave - nuc to east property line of Bruns. wick 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 im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and anv deficiency will be paid out of the street improvement funds. Pay- ment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipa- tion of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Kintzinger moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, W elu. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, .specifications, form of contract and cost of improvement for the improvement of Ramona Street 258 Special Session. with asphaltic macadam surfacing from 2ifeet o fAdelineStreetto north of the r opertyy l 100 feet south of the south property line of Adeline Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t I n, Kintzinger, Schueller, Welu. Nays --.None. ( Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im• provements, ) RESOLUTION NO. 207-52 Whereas, proposed plans and specifications and form of contract for the improvement of Ramona Street with asphaltic macadam surfacing from 240 feet north of the north property line of Adeline Street to loo feet south of the south property line of Adeline Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifications or contract for or cost of such im• provements, said time being this 16th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952 at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, April 15, 1952 that all objections which have been made and filed to the plans for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It. Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A, KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Seconded by Councilman Kintzinger. Car- ried by the following; vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 151-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be imProved• 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the (.Xmt of the proposed improvement, stating tlu+ same for each different type of con- struction and kind of material to be used. 6. In each case the amount thereof which is estimated W be assessed against each lot, for the improvement of Ramona Street with asphaltic macadam surfacinll P Special Session, April 15, 1952 259 from 240 feet north of the north j property line of Adeline Street to i0o feet south of the south property line of Adeline Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in propor- tion to the special benefits con- ferred thereby. Labor and equip- ment cost shall be paid out of street improvement funds. Bonds shall be issued and sold in anticipa- tion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered Placed on file with the City Clerk tW 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro - Posed, by the City Council this 15th day of April, 1852. HAY F. KOLB, Mayor, CLARENCF. P. WF.LU, RUBEN V. AUSTIN, CHAKLHS A. KINnINCER, LEO N. SCIIUF:LLER, Councilmen. Attest: J. .I. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger. Schueller, Welu. Nuys—None. (Ordering Construction) RESOLUTION NO. 208-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 151-52 which was duly passed by this Council, for the imprm ement of Ramona Street with asphaltic macadam surfacing from 240 feet north of the north property line of Adeline Street to too feet south of the south property line of Adeline Street be and the same are hereby ordered and con- structed by this Council upon its own motion without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. B(• It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid cut of the street improvement fund. Pay- ment will he 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- c.rpted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediute necessity shall be in force and effect from and after its pasage and adoption by the City Council. Approved and placed un file for final adoption this 15th day of April, 1952. Councilman Schueller m o v e d that lilt. cesolutiou just read being a resolution ordering a street im. provemcnt he now considered com- 260 Special Session, April 15, 1952 plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger. Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Simpson Street with asphaltic macadam surfacing from the west property line of Fremont Avenue to the west prop- erty line of Cross Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Kintzinger moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen A it s t i n, Kintzinger, Schueller, Welu. Nays—None. (Decision of Council upon ob. jections to plans, specifications, form of contract and cost of im- provements.) RESOLUTION NO. 209-52 Whereas, proposed plans and specifications and form of con. tract for the improvement of Simp- son Street with asphaltic macadam surfacing from the west property line of Fremont Avenue to the west property line of Cross Street have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 391 of the Code Of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi- cations or contract for or cost of such improvements, said time be. ing this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans for or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans for or cost of said improvements herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 15th clay of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A it s t i n, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 154--52 Whereas, proposed plana, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. Special Scssion. April 15, 1952 261 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount ,hereof which is estimated to be assessed against each lot, for the improvement of Simpson Street with asphaltic macadam surfacing from the west property line of Fre- mont Avenue to the west property line of Cross Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement fund. Bonds shall be issued and sold in anticipation of deferred paments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered Placed on file with the City Clerk this 22nd day of March, 1952. 'rhe foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 15th day of April, 1952. RAY F. KOL.B, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Weill. Nays—None (Ordering Construction) RESOLUTION NO. 210-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 154-52 which was duly passed by this Council, for the improvement of Simpson Street with asphaltic macadam surfacing from the west property line of Fre- mont Avenue to the west property line of Cross Street be and the same are hereby ordered and constructed by this Council upon its own mo- tion and without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im. provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement funds. payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed 1 and accepted by the City Council. Be U Further Resolved that this resolution being deemed urgent and of immediate necessity shall 260 Special Session. April 15, 1952 plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and l earing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Simpson Street with asphaltic macadam surfacing from the west property line of Fremont Avenue to the west prop- erty line of Cross Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Kintzinger moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im- provements.) RESOLUTION NO. 209-52 Whereas, proposed plans and specifications and form of con- tract for the improvement of Simp. son Street with asphaltic macadam surfacing from the west property line of Fremont Avenue to the west property line of Cross Street have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi- cations or contract for or cost of such improvements, said time be. ing this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Ball for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans for or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans for or cost of said improvements herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SC.HUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 154--52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. Special Session, April 15, 1952 261 2. rhe streets to be improved. finallyed passed the and adopted, as pro. 3. The width of such improve. josh day of April, 95Council this ment. 4. Each lot proposed to be as. RAY F. KOLB, together with ith a valuation Mayor. the council CLARENCE P. WELD, fixed by RUBEN V. AUSTIN, 5. An estimate of the cost of the CHARLES A. KINTZINGER, proposed improvement, stating the I LEO N. SCHUELLER, same for each different t Councilmen. construction and kind of material Attest: J. J. SHEA, to be used. City Clerk. 6. In each case the amount Councilman Kintzinger moved thereof which is estimated to be the adoption of the resolution. Sec - assessed against each lot, for the onded by Councilman Schueller. improvement of Simpson Street Curried by the following vote: with asphaltic macadam surfacing yeas—Mayor Kolb, Councilmen from the west property line of Fre. A u s t i n, Kintzinger, Schueller, mont Avenue to the west property Welu. line of Cross Street. Nays—None. Be It Therefore Restlved that the (Ordering Construction) City Council on its own motion RESOLUTION NO. 210-52 deems it advisable and necessary Be It. Resolved by the City for the public welfare to make the I Council of the City of Dubuque herein mentioned improvement, that pursuant to a resolution of and unless property owners at the necessity No. 154-52 which was time of the final consideration of duly passed by this Council, for the this proposed resolution have on improvement of Simpson Street file with the City Clerk objections , with asphaltic macadam surfacing to the amount of the proposed as- from the west property line of Fre- sessments, they shall be deemed to mont Avenue to the west property have waived all objections thereto. line of Cross Street be and the same Said improvement shall be con- are hereby ordered and constructed structed and done in accordance by this Council upon its own mo - with the plans which have been I tion and without the petition of prepared therefor by the City En- I property owners. All the work gineer which have been approved shall be constructed in accordance by the City Council and are now with the plans and specifications on file with the City Clerk. That heretofore adopted and now on file the cost and expense of making in the office of the City Clerk. said improvement will be assessed Be It Further Resolved that the upon and against all privately cost and expense of the said im. owned property lying within as- provements be paid for by levying sessable distance provided by law special assessments against the and in an amount not to exceed privately owned property lying the amount provided by law, prop- within the assessable distance from erty will be assessed whether the the improvements, whether such same abuts thereon or is adjacenttheretproperty abut upon the same or proportion to the s according are adjacent thereto, according to plxcial benefits area and in reit thereby. Labor and equipment cost shall the area thereof and in proportion eto the special benefits conferred, equipn ent fund. paid out and any deficiency will be paid out B the street improvem Bonds shall be issued and sold iof the street improvement funds. ll Payment will be mode to the con - anticipation of deferred paments of tractor out of funds realized from assessments when a contract has the sale of bonds to ebe.a issued in m been performed and accepted and the proceeds thereof used to pay tuiticipation of deferred payments the contractor. of assessments as provided by law The above resolution was intro• after the work has been completed duced, approved and ordered and accepted by the City Council, placed on file with the City Clerk Be It Further Resolved that this this 22nd day of Murch 1852. ii resolution being deemed urgent fhe foregoing resolution was I and of immediate necessity shall 262 Special Session, April 15, 1952 be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April. 1952. Councilman Kintzinger moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk aild remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Stetmore Street with asphaltic macadam surfacing from south property line of Lombard Street to a point 660 feet south, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Weill. Nays—None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• improvements.) RESOLUTION NO. 211-52 Whereas, proposed plans and specifications and form of contract for the improvement of Stetmore Street with asphaltic macadam surfacing from the south property line of Lombard Street to a point 660 feet south have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950. pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications, or contract for or cost of such improvements, said time being this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hal! for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be 1t Resolved by the City Council of the City of Dubuque that all objections which have been made and filed to the plans for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 157-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Special Session, April 15, 1952 263 Council of the City of Dubuque and 11 are now on file in the office of the i City Clerk showing among other things the following: i. The boundaries of the dis- trict, If any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. G In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Stetinore Street with asphaltic macadam surfacing from the south property line of Lombard Street to a point 660 feet south. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement. and unless property owners at the (line of the final consideration of this proposed resolution have on file with the City Clerk objections M the amount of the proposed as sessments, they shall be deemed to have waived all objections thereto. formed and accepted and the pro. ceeds thereof used to pay the con. tr'Zr— above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 15th day of April, 1852. RAY F. KOIX Mayor. CLARENCE P. WELD, RLBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schuelier. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Said improvement shall be con- structed and done in accordance with the plans which have been prepared by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be assessed upon and against all privately owned property lying within assessable: distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or iot adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby. Lubar and equipment cost shall be paid out of the street im- provement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when u contracl has been per- (Ordering Cenatruction) RESOLUTION NO. 212-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of neces- sity No. 157-52 which was duly passed by this Council, for the im- provement of Stetrnore Street with asphaltic macadam surfacing from south property line of Lombard Street to a point 6w feet south be and the same are hereby ordered and constructed by this Council upon its own motion without the petition of property owners. All the work shall b, 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 cont 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 ulxw the same or are adjacent thereto, according to the area thereof and in proporits - tion to the spe ' awill n ferred, and any deficiency be paid out of the street improvement 264 Special Session, April 15, 1952 funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred w after ments as provided by the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Austin moved that the resolution just read, being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Strauss Street with asphaltic macadam surfacing from west property line of Burden Avenue to east property line of Brunswick Street, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller. Welu. Nays—None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im. provements. ) RESOLUTION NO. 213-52 Whereas, proposed plans and specifications and form of contract for the improvement of Strauss Street with asphaltic macadam surfacing from west property line of Burden Avenue to the east prop- erty line of Brunswick Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 341 of the Code of Iowa, 1950, per- taining to public contracts and bonds, aad the time and place fixed for the hearing of all ob- jections to said plans for or cost of such improvements, said time being this 15th day of April, 1952; and Whereas, the City Council met in special session this 15th day of April, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given ars 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 here- tofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller.. Carried by the following vote: Special Session, April 15, 1952 265 i Yeas—Mayor Kolb, Schueller, Austin, Kintzinger, Schueller, Weill. Nays—None. (Necessity for Improvement) RESOLUTION NO. 160-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Strauss Street with asphaltic macadam surfacing from west property line of Burden Ave- nue to east properly line of Bruns- wick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making; said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop. erty will be assessed whether the same abuts thereon or to adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out Of the street improvement fund. Bonds shall be. issued and sold in anticipa- tion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and placed on file with the City Clerk this 22nd nay of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kiutzionger, Schueller, Welu. Nays—None. (Ordering Construction) RESOLUTION NO. 214-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 160--52 which was duly passed by this Council, for the improvement of Strauss Street with asphaltic macadam surfacing from west property line of Burden Avenue to cast property line of Brunswick Street be and the same are hereby ordered and constructed by this Council upon its own mo- tion without the petition of prop- erty owners. All the work shall be constructed in accordance with the plans and specifications 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 266 Special Session. April 15, 1952 such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street improvement hinds. Payment will be made to the contractor out of funds rea- lized from the sale of bonds to be issued in anticipation of deferred Payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that thi: resolution being deemed urgen and of immediate necessity shat be in force and effect from and after its passage and adoption b the City Council. Approved and placed on file for final adoption this 15th day of April, 1952. Councilman Schueller m o v e d that the resolution just read be- ing a resolution ordering a street improvement be now considered complete in form for final pas- sage and further move that the resolution be placed on file with the City Clerk and remain on file for public inspection for at least we week before final adoption. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Notice of Claim of Delha E. Hines in the amount of $2,000.00 for damages and injuries received in a fall on an icy sidewalk on the west side of Main Street in the 3W block, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Notice of Claim of Harlan Robey in an unstated amount for dam- ages tri a hub cap and tire on his car caused in striking a projecting eakch basin rover just south of Teeth Street and Central Avenue, prevented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investiga. tion and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. :Nays—None. Original Notice of Suit of Irvin J. Potts, Plaintiff vs City of Du. buque, Defendant in the amount of $5,000.00 and costs for injuries re- ceived in a fall on an icy sidewalk at approximately 1015 Booth Street, Presented and read. y Councilman Austin moved that the Original Notice of Suit be re. ferred to the City Solicitor for recommendation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i r►, Kintzinger, Schueller, Welu. Nays—None. Communication of The League Of Women Voters of Dubuque County thanking Council for the copy of the Revised City Ordin- ances, presented and read. Councilman Austin moved that the communication be received and filed. Seconded by Councilman 'Welu— Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t ill, Kintzinger, Schueller, Welu. Nays --None. Communication of D u b u q u e County Conservation Society ex- tending invitation to the Mayor and Members of the City Council to attend a meeting to be held on Tuesday, April 15, 1952 at the Chamber of Commerce to consider the possibility of constructing a road to Julien Dubuque's Grave, presented and read. Councilman Austin moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the folluwiug vote; Yeas ---Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, we lu. Nays-.-Nune. Special Sesxion, April 15, 1952 267 Dubuque, Iowa April 14, 1952 ,fo the Honorable Mayor, City Counc;l and City Manager, Puboq ue City Ball, Dubuque, Iowa. Gentlemen: Attached please find fuel calcu- lations based on cost of materials as of April, 1952, in compliance with provisions of Ordinance 50-51. These figures indicate that the base rates as set forth in the Or- dinance should not be changed for the next quarter. Respectfully submitted, The Key City Gas Company Richard V. McKay, Secretary -Manager. Councilman Welu moved that the communication be received and made a matter of record and the report placed on tile. Seconded by Councilman Schueller. Carried by the following vote: Yeas. --Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS Washington, D.C. April 4, 1952 Mr. L. J. Schiltz, City Manager, Dubuque, Iowa. Dear Mr. Schiltz: We have completed the count of the population residing within the areas annexed to the City of Du- buque on May 1, 1950 and February 7, 1952 and a certificate is en- closed giving the results of our field check. As you will note, there were 1,552 persons reported on April 1, 1950 in the area annexed to Dubuque subsequent to the census date. We will notify the Federal Com- mittee on Standard Metropolitan Areas of the results of our field check, in order that consideration may be given to the designation of a Standard Metropolitan Area for the city of Dubuque. Sincerely yours, Roy V. Paul, Director Buroau of the Census. I hereby certify, That according to the official count of the return Of the Seventeenth Census of th United States, on file in the Bureau of the Census, the population of the city of Dubuque, County of Du- buque, State of Iowa, as of April 1, 1950, was 49,671: that the popu- lation of the areas annexed to the City of Dubuque on May 1, 1950 and February 7, 1932 was 1,552: and that the population of the area comprising the city of Dubuque and the areas annexed on May 1, 1950 and February 7, 1952 was 51- 223, as of April 1, 1950. Roy V. Paul, Director, Bureau of the Census. Councilman Austin moved that the communication and certificate be received and made a matter of record'. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzjnger, Schueller, Welu. Nays—None. Petition of The Military Order of the Purple Heart, Inc. National :Ieadquarters, Chicago, Ill. re- questing permission and coopera• tion in authorizing an exhibit of antique and modern firearms and war equipment for a period of a few days, sometime during this year, the exact dales to be de- termined inter, presented and read. ('ouncilman Welu moved that the request be granted. Seconded by Councilman Kintminger. Car- rier' by the following vote: Yeas-4blayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Petition of Frank (wade and others, property owners on Strauss Street from the east property line of Burden Avenue to the west prop. erty line of Windsor Avenue, re- questing Council to delete from the general street improvement plan the above described portion of Strauss Street, presented and read. Councilman Austin moved that the petition be referred to the City Manager for recommendation and retort. Seconded by Councilman unci Schueller. Carried by the vote: Yeas—Mayor Kolb, Councilmen follow - jug A u s t i n. Kintzinger. Schueller, e Welu. Bureau Nays—Mune. 268 Special Session, April 15, 1952 ORDINANCE NO. 16"o�pli- An Ordinance exacting ante with Proclamation issued by the Mayor in times of public dan. ger or emergency and providing a penalty for a violation hereof, presented and read. Councilman Austin moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following v,1te: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. ORDINANCE NO. 18-52 Aa Ordinance exacting compliance with Proclamation Issued by the Mayor in times of public clanger or em •gency and providing a penalty for u violation hereof. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DU. BURUE: Oection 1. No person, firm or cor- poration shall violate the provisions of any proclamation Issued by the Mayor during times of public danger or emergency under the authority of Section 2 of Ordinance 93 of the Clty of Dubuque. Section 2. Any person, firm or cor- poration who shall violate any of the terms or conditions hereof shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed One Hundred Dollars 4100) or Imprisoned In the County Jail for not to exceed thirty (30) days. Section S. This Ordinance shall be in full force and effect from and after Its final passage, adoption and publi- ention as by lawprovided. Introduced the 15th day of April 1952. ttule requiring reading on three separate days suspended by unani- mous vote the 15th day of April 1952. Passed, adopted and approved this 15th day of April 1952. Ray F. Kolb, Mayor. Clarence P. Welu, Ruben V. Austin Charles A. Kintzinger, Leo N. Schueller, Councilmen, Attest: J. J. Shea, City Clerk. Published officially In The Tele- graph -Herald newspaper this 18th day ofApril 1952. 1t.Apr.1✓# J. J. SHEA, City Clerk. Councilman Anstin moved the adoption of the ordinance. Sec. onded by Councilman Welu. Car. ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu Nays—None. ORDINANCE NO. 17-52 An Ordinance authorizing the: City Manager to prohibit unauth. orized persons or vehicles from entering flooded areas; prohibiting occupancy of dwellings within such areas; providing a penalty for violation hereof, presented and read. Councilman Kintzinger moved that the reading just had be con. sidered the first reading of the ordinance. Seconded by Council- man Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Councilman Kintzinger moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A it s t i n, Kintzinger, Schueller, Welu. Nays—None. ORDINANCE NO. 17.52 An Ordinance authorizing the CltY Manager to prohlbit unauthorized per- sons or vehicles from entering flood- ed areas; prohibiting occupancy of d ellings within such areas; lrrovid- Ing a penalty for violation hereof. BE IT ORDAINED BY THE CITY COUNCIL O" THE CITY OF DU- BUQUE: Section 1. Whenever the City Man- ager shall determine that any area of the Clty of Dubuque has been or Is In imminent danger of being inun- dated by the flood waters of the M1s- sle4ippl River, he may designate the same a "Flood Area" and erect suit- able barricades and signs giving no- tice thereof: Section 2. After signs have been erected giving notice thereof, no {{)er- son or vehicles shall enter said flood area without first having been au- thorized to do so by the City ssun- ager; Section 3. The City Manager Is hc:eby empowered to Issue s echrl permits to any persons or vehicles whose presence In such flood areae Is demanded by the public Interest, which permits shall not be transfer. ab: , and shall be dlspluyed In it pronil- nent manner while in such area; Section 4. Whenever the Imminent danger of flood waters shall make any habitation or dwelling dangerous to health and unsuitable for human habitation, the occupants thereof, upon demand of the City Manager or his properly authorized reprenen- tative, shall vacate said dwelling and remove therefrom and shall not re- turn thereto until the City Manager shallhave determined such danger no lunger exists; Section 0. Any person, firm or cor- poratlon violating any of the terms or conditions of this Ordinance shall Special Session, April 15, 1952 269 be guilty of a misdemeanor and pun- ished by a flne of not more than One Hundred Dollars ($100) or Imprison- ed tha Int they Count Jail for not more section 0. This rd than shall be In full force and effect from and after its cationaast�bys law adoption rov ded. and Pub'1- Introduced the 15th day of April, 1052. Rule requiring reading on three separate days suspendded by unani- mous vote lith eof d 1this 1952 Passed, adopted and appry 15th day of Aprtlj„IA52. ....... AL.'STIN,_ t. KINTZINOMR, Attest: J. J. Shea. City Clerk, Published officially in The Tele- gf..Ahh-He1962dnewspaper this 18th day J. J. SHEA It. Apr. 19 (,,fly Clerk Councilman Kintzinger moved the adoption of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. ORDINANCE NO. 18-52 An Ordinance granting to Chester C. Schmitt, the right to extend the existing sanitary sewer commenc- ing at an .existing manhole at a point 383 feet east of the center line of Windsor Avenue and 26 feet south of the north property line of the property line south of. Davis Avenue, thence east a distance of 85 feet and running parallel to and 26 feet south of the said prop- erty, describing the conditions of the grant, regulating the use of said sewer and future connections therewith, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun cillnan Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller Welu. Nays—None. Councilman Weltl moved ttla the ordinance just read being a ordinance granting the right to use or occupy a street be now con- sidered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s It i n, Kintzinger, Schueller, Welu. Nays—None. ORDINANCE NO. 14-52 An Ordinance granting to the Independent School District of Du- buque, Iowa, its successors and assigns, the right to construct and maintain a six (6) inch cast iron sewage force main beginning at a point on the south property line of Pennsylvania Avenue at the inter- section of Green Street Extension and Pennsylvania Avenue; from thence northeasterly to a point ten 110) feet west of the centerline of Green Street Extension; thence continuing northeasterly along a line parallel to and ten (10) feet west of the center line of Green Street Extension to a point eigh- teen (18) feet west of the east line of Bunker Hill Street; thence six hundred twenty two (622) feet northerly and along a line parallel to, and eighteen (18) feet west of the east line of Bunker Hill Street to the terminal point at an existing manhole, being fifty five (55) feet north of the center line of Finley Street, prescribing the conditions of this grant and regulating the use of said sewer, said ordinance having been passed upon first read- ing on April 7th, 1952 and ordered placed on file with the City Clerk for public inspection for at least one week before final adoption, was presented for final adoption. ORDINANCE NO. 14.52 An ordinance ranting to 'be in- dependent SchoolIstrict of Dubuque, Iowa, Its successors and &"line, the right to construct and maintain amix 0 ) Inch castmain beginning attron a point sewaforce the mouth property line of Pennsyivanla Avenue at the Intersection of preen street Extension and Penne vivanin n Avenue; from thence northeasters) to a pidnt ten (10) feet west of the cen- terllne of at -eon Street Extension; Nittllne parallelto and ten( northeasterly along nee lf feet west of the canter line ofore nnstreet t Extension to a D fret west of the east 11ne of Hunker n imi Street: ttener mix hundred Men- 270 Special 'Session, April 15, 15152 ty-two (622) feat northerly and along a line parallel to, and eighteen (18) feet wept of 'the east line of liunket• Hill Street to the terminal ppoint at an existing manhole, being flfly-five (55) feet north of The center tlne of Finley Street, presorlbing the con- ditions of this grant and regulating the use of said newer. Whereas ludependent School DiN- trlet of Dubuque, Iowa, has petl- tloned the City Council of the City df Dubuque for permission to con- struct and maintain a six f6) inch cant iron sewage force main begin- ning at a point an the mouth prop- erty line of Penn"ylvanla Avenue at the Intersection of Green Street Ex- tension and Pennsylvania Avenue; from thence northeasterly ,to a point ten (10) feet west of the center 'fine of Green Street Extension; thence continuing northeasterly along a line .parallel to and ten (l0) feet •west fit the center line of Green Street Extension to it point. eighteen (18) debt west of the east line of Bunker Hill Street: thence six hundred twen- ay-two (622) feet northerly and along a line parallel to, and eighteen (1$) feet west of the cast line of Bunker flill Street to the terminal point at an exlsUng manhole, being fifty-five (55) feet north of the center !Ine Of Finley Street, and this Council, after duo eonshlbrution, finds no objection to the granting of salt] request lilso- far as the Council has Jurisdiction. Be It Ordained by '.the City Council Of the City of Dubuque: Section 1. That Sndgppendent School District of Dubuque, Iowa, its suc- cessors and assigns, be and they are hereby granted the right to con- struct and maintain a six (6) inch east Iron sewage 'force main begin- ning at a point on the south prop- eMY line ed :Pennsylvania Avenue at the intermeadon of Breen Street Ex- tension northeasterly a to uv Point ten (lo) feet weNt of the center line of Green Street cuntlnuing northeasterly thence rly along a line parallel to and ten (10) feet went of the center lino of Green Street F,x- tenslon to a point eighteen (19) feet west of the seat line of Bunker Hill Bt.reet; thence six hundred t« enty- two (622) feet northerly and "lung u Ilne parallel to, find eighteen (18) feet west Of the east line of Bucker Will .Street to the terminal point at An existing ruanhole, being fifty -flue (55) feet north o[ the center Ilne of IM11,16Y Street. Section 2, That the total cost of constructlag sold sewer shall be paid IbY the applicant and said mewer shall be built under the direction and mu- pervlNlon of the City Manag,,r and ,the 'City Engineer. Section 3, That bolore cwnmeno. Ing any excavation in the Nlreet eewparatiolyd to the laying of said tractor tell aDPilcant or the con- jol awarded shall make makes application work li (.,P and obtain an l)"'"valon permit from 'te. he tion of Du►All Malntenance and repairs on this "ewer shall be pnld by the applicant herein, Its NucceNmorN and assigns. Section 6. That atter maid newer has been constructed it shall not be I removed or Its free us" Interfered with a the signopp,cant herein, rte sur- a""ser" or llpNlgllm. Section 0. AN fi further Considera- tion to thin grant, it i" Undet•xtood that this so Miley sewer shall Ile used to carry only sunitary nu oll Il from the New Irving Bohool located on t ,,annsylvunlR Avenue; that no down spout" shall he ronnerted therewith; that no murfaCe water er drninage of any kind shall be run Into SNld news r. Section 7. That the right to con. struct and use said Newer shall be subject to the continuous control of the City Council, reserving the right to said City Council to Impose re. Arfetlons ann condltIons upon the use and enjoyment thereof is may be reasonably necessary for the pro. toctlon of the public Interest, in- cluding the right to revoke and re- sclnd the grant herein made, If at any time the public Intereslb of the (-'fly of Dubeque should so require. Section 8. That this Ordinance shall be In force and effect from and after its final passage and adoption by the City Council, publication as provided by law, when tile •eat in connection therewith has been paid try Petitioner, and the grant here) under shall accrue to fndopendent School District of Dubuque, 1. wa, when the terms hereof are accepted iby :Petitioner, which acceptance Shall be endorsed hereon. Passed upon first reading tilts 7th day of April, 1052. Passed, adopted and approved Chip 15th day (if April 1952. RAT F. ic&B, Mayor. CLAItI?NCIs P. R'FI.U, R11BEN V. AUSTIN, CHARLES A. KINTLINGICIt. LEO N. SCIIItF t.i.Tslt, Attest: Counolimem. .1 J. Shea, City Clork. Published officially in The Tele- graph -Herald newspaper this 18th day of April, 1952. ItApr18 J. J. SHHA, City Clerk. Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Schueller. (tarried by the following vote: leas—Mayor Kolb, Councilmen A u s t i n. Kintzinger, Schueller, Welu. Nays—None. April 15, 1952 To the honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: 1 his is to advise that I have ap- prnved the following policy and desire to have your approval lnl same for filing, subjaet to the ap- proval of the City Solicitor. EXCAVATION Chbxles B. Beversdorf and Hu- bert Galle, (f1 dl G Excavators), 1016 White Street — Policy No. KC254321 Hartford Accident and nrcmnity Company. Respectfully submitted, L. J. SCHiLTZ, City Manager. Councilman Austin moved that he policy be approved and placed on file. Seconded by Councilman Special Session, April 15, 1952 271 wrAu. :tarried by the Me• following ! Austin, Kintzinger, Schueller, I Welu. Yeas—Mayor Kolb, Councilmen Nays—None. A u s t i n, Kintzinger. Schueller, welu. Mays --None. April 15, 1952 To the litmorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I appeared before the Board of Engineers for Rivers and Harbors at Gravely Point, Virginia on .April 10th and to supplement my written report on Flood Control at Dubuque. it is evident that the support for any flood projects must be made through Congress who appropri- ates funds to make surveys and reports and actual construction. ,,his process is somewhat lengthy and takes several years before construction could be started. A significant fact relative to floods at Dubuque is that from 18:Io to 19118 there were only eight times that the stage exceeded 18 feet. From 1938 to 1952 there were eight times the stage exceeded eighteen feet. .From these figures it is evident to me that there is some relation to the dams in the river and to floods. In urder to proceed with a plan for flood protection without Fed- eral funds and under present State laws, the project would have u+ be undertaken as a special as- sessment project, and the costs assessed against the benefited property. 1f it is to be a general obligation of the city, the State: Low applicable to issuing general obligation bonds will have to be amended to include Flood Contrul. If the property owners in the fimil area desire to have immedi- ate plans prepared fur }protection, a petition should be submitted to the city council requesting said imorovement. Respectfully submitted, L. J. scliil:r'L, Pity Manager. Councilman Austin moved that the communication of City Man +aim' 9chiltt be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen April 15, 1952 To the 'Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of March, 19.52: also list of claims and list of payrolls for which warrants were issued for the month of March, 1952. Respectfully submitted, L. J. SCRILTZ, City Manager. Councilman Schueller moved that the reports be roceived and placed on file. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: 1'eas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Awarding Contract) JtESOLUTION NO. 163-52 Whereas, proposals have been submitted by contractors for the improvement of Mt. Vernon Court with concrete pavement from the west property line of South Grand- view Avenue to the end of the stroet pursuant to Resolution No. 54-52 and Thos. Flynn Coal Com- pany of Dubuque, Iowa contractor, has submitted the lowest bid for the furnishing; of all labor and materials and performing the work as provided for in the plans and specifications: now therefore, Be It VA -solved by the City Council of the City of Dubuque that the conti,act for the above mentioned improvement be award- ed to Thos. Flynn Coal Company of Dubuque, Iowa and the Manager be :.and he is hereby directed to execute a contract on behalf of the City of Dubuque for the corn - City plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the city Council. Approved and placed kill file for one wook on April 7th, 1952. 272 Special Session, April 15, 1952 _ Passed, adopted this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN Al. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J• J. SCity HEA, Councilman Welu moved the adoption Of Councilman utKmtzinger. Sec- onded by vote: Carried by the following Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. RESOLUTION NO. 215-52 Be It Resolved by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Clifford Steffen, 1103 Iowa Street. Lester A. Foell, 1638 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. RESOLUTION NO. 216-52 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Carl N. Brant and Bernard N. Arensdorf, 2600 Central Avenue. Lester A. Foell, 1638 Central Avenue. Clifford Steffen, 110£ Iowa Street. Merlyn L. Weber, 1904 Central Avenue. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOI.B, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCIIUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—:None. RESOLUTION NO. 217-52 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this 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, 'rherefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants a Beer Permit. CLASS "B" PERMIT Carl N. Brant and Bernard N. Arensdorf, 2600 Central Avenue. Lester A. Foell, 1638 Central Avenue. Clifford Steffen, 1103 Iowa Street. Merlyn L. Weber, 1904 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Special Session, April 15, 1952 273 passed, adopted and approved with a copy of this resolution and 15th day of April, 1952. the record of its adoption. this RAY F. KOLB, (Presiding Officer) Mayor. RAY F. KOLB CLARENCE P. WELLT, Mayor, RUBEN V. AUSTIN, (Secretarial Officer) CHARLES A. KINTZINGER, J. J. SHEA, LEO N. SCIIUELLER, City Clerk. Councilmen. The foregoing resolution was Attest: .1. J. SHEA, adopted by the City Council of City Clerk. Dubuque, Dubuque County, Iowa, Councilman Schueller moved the at a special meeting of the same adoption of the resolution. Sec- on the 15th day of April, 1952. onded by Councilman Kintzinger. The vote thereon was as follows: Carried by the following vote: Ayes Yeas—Mayor Kolb, Councilmen RAY F. KOLB, Mayor. Austin, Kintzinger, Schueller, CLARENCE P. WELU, Weill. RUBEN V. AUSTIN, Nays—None. CHARLES A. KINTZINGER, RESOLUTION NO. 218-52 LEO N. SCHUELLER, Resolution and Application for Councilmen, Transfer of Emergency Fund. Nays—None. Attest: J. J. SHEA, Whereas, there now is in the City Clerk. hands of the treasurer of City of Councilman Austin moved the Dubuque, Dubuque County, Iowa, adoption of the resolution. See- the sum of %,GW.00, credited to onded by Councilman Welu. Car - the Emergency Fund thereof; and ried by the following vote: Yeas—Mayor Kolb, Councilmen Whereas, an emergency has Austin, Kintzinger, Schueller, arisen which requires the expendi- Welu. ture of $6,60x1.00, said emergency Nays—None. being of the following character: Proof of publication, certified to Miscellaneous revenues are insuf- by the publishers, of notice to con- tractors of the receipt of proposals ficient to meet current expendi- for the improvement of Adeline tures; and Street with curb and gutter from Whereas, the revenue in the the east property line of Grand - Recreation Fund is insufficient to view Avenue to the west property meet its estimated actual and line of Ramona Street, presented necessary expenses for the current and read. Councilman Schueller moved that fiscal year and the emergency re the proof of publication be received (erred to; therefore, be it and filed. Seconded by Councilman Resolved by the City Council of Austin. Carried by the following Dubuque, Dubuque County, Iowa, vote: Yeas—Mayor Kolb, Councilmen that $6,600.00 of the funds in the A u s t i n, Kintzinger, Schueller, Emergency Fund be transferred to Welu. the Recreation Fund of said mu- Nays—None. nicipality; subject to the approval April 15, 1952 of the State Comptroller, to be ex- To the Honorable Mayor {,ended in accordance with the pro- and City Council, Dubuque, Iowa. visions of Section 24.6 of the Code Gentlemen: of 1950, and Pursuant to your instructions, The Auditor of said municipality, sealed bids were received up to April 15th, 1952 for upon receipt of approval by the State 16:(6 A.M. on construction of curb and gutter Comptroller, is directed to correct his books accordingly and the Aast on Adeline Street. Gfrom the notify to the treasurer of the trans. property t I west property line of fer, accompanying the notification nue to the Special ial Session, April 15, 1952' Ramona Street. Attached is the tabulation of bids received. I recommend that the contract be awarded to the Thos. Flynn Coal Company who submitted the lowest bid received which was 15`10 under the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that die recommendation ofCity Man- ager Schiltz be approved- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Awarding Contract) RESOLUTION NO. 219--52 Whereas, proposals have been submitted by contractors for the improvement of Adeline Street with curb and gutter from the east property line of Grandview Ave- nue to the west property line of Ramona Street pursuant to Reso- lution No. 99-52 and Thos. Flynn Coal Company contractor, has sub- mitted the lowest bid for the furn- ishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos. Flynn Coal Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Welu moved that the resolution just read being a resolution making a contract be now considered complete in form for final pussage and further move that the same be placed on file With the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Apple StTv,et with curb and gutter from the north property line of Cleve- land Avenue to the south property line of Oak Street, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A it s t i n, Kintzinger, Schueller, Weill. Nays—None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Apple Street from the north property line of Cleveland Avenue to the south property line of Oak Street. Attached is the tabulation of bids received. I recommend that the contract be awarded to the K -M Construc- tion Company who submitted the lowest bid received which was 13.5% under the Engineer's esti- mate. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager SchiltL be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Awarding Contract) RESOLUTION NO. 220-52 Wherean, proposals have been submitted by contractors for the improvement of Apple Street from north property line of Cleveland Special Session, April 15, 1952 275 to the south property line i April 15, 1952 Avenue of Oak Street pursuant to Resolu- I No. 101-52 and K -M Construe- I and To the Honorable Mayor City Council, tion tion Company contractor, has sub- ; Dubuque. Iowa. mitted the lowest bid for the I Gentlemen: furnishing of all labor and mater- Pursuant to your instructions, ials and performing the work as sealed bids were received up to provided for in the plans and 10:00 A.M. on April 15th, 1952 for specifications; now therefore, the construction of curb and gutter Be It Resolved by the City Dubuque I on Cross Street from the south property line of Coates Street to Council of the City of that the contract for the above ' the north property line of Simpson mentioned improvement be ward- Street. Attached is the tabulation ed to K -M Construction Company of bids received. and the Manager be and he is 1 recommed that the contract be hereby directed to execute a con- awarded to the K -M Construction tract on behalf of the City of Du- Company who submitted the lowest buque for the complete perform- hid received which was 15.2% ance of said work. under the Engineer's estimate. Be It Further Resolved that this Respectfully submitted, being deemed urgent and L. J. SCHILTZ, resolution f immediate necessity become City Manager. om effective froand atter its pas- Councilman Schueller moved that sage and adoption by the City the recommendation of City Man- Council. ager Schiltz be approved. Seconded by Councilman Austin. Carried by Approved and placed on file for the following vote: one week on April 15th, 1952. Yeas—Mayor Kolb, Councilmen Councilman Austin moved that Austin, Kintzinger, Schueller, Welu. the resolution just read being a Nay, - None. resolution making a contract be (Awarding Contract) now considered complete in form RESOLUTION NO. 221-52 for final passage and further move Whereas, proposals have been that the same be placed on file submitted for the improvement of with the City Clerk and remain on the west side of Cross Street with file for public inspection for at curb and gutter from the south least one week before final adop- ,ide of Coates Street to the north tion. Seconded by Councilman property line of Simpson Street Kintzinger. Carried by the follow- pursuant to Resolution No. 103--52 ing vote: and K -AI Construction Company Yeas—Mayor Kolb, Councilmen ow- contractor, has submitted the low- Austin, Kintzinger, Schueller, Austin, est bid for the furnishing of all Welu. labor and materials and perform - Nays --None. ins; the work as provided for in Proof of publication, certified to the plans and specifications: now by the publishers, of notice to therefore, Y Be It Resolved by the Cit contractors of the receipt of pro Council Council of the City of Dubuque ontra for improvement of the that the above mentioned improve - west side of Cross Street with curb ment be awarded to K -M Construe - and gutter from the south property tion Company and the Manager be Ilse of Coates Street to the north and he is hereby directed to ex properly tine of Simpson Street, r,cule on behalf of the City of DU - presented and read. buque for the complete perform - Councilman Welu moved that ance of said work. the proof of publication be received He It Further Resolved that this and filed. Seconded by Councilman being deemed urgent and Austin. carried by the following resolution of immediate necessity become vote: effective: from and after its pas- Yeas—Mayor Kolb, Councilmen -,age and adoption by the City A u s t i n. Kintzinger, Schueller, Welu. t'ouncil. on file for Approved and placed Nays—None. jou• %%eek on April 15th, 1852. V* Special Session, April 15, 1952 4avwiiman Schueller moved that *t resolution just read, beingract be mst.Aution making now considered complete in form for final passage and further move that the same be placed on file and remain on file for public in- spection for at least one week before final adoption. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas—:Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Decatur Street with curb and gutter from east property line of Rhomberg Avenue to the west property line of Garfield Avenue, presented and read. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Decatur Street from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Attached is the tabulation of bids received. I recommend that the contract be awarded to K -M Construction Company who submitted the low- est bid received which was 14.3% under the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man. ager Schiltz be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmer. Austin, Kintzinger, Schueller, Welu Nays—None. (Awarding Contract) RESOLUTION NO. 222-52 Whereas, proposals have been submitted by contractors for the mprovement of Decatur Street ,vith curb and gutter from east property line of Rhomberg Avenue to the west property line of Gar- field Avenue pursuant to Resolu- tion No. 105--52 and K -M Construc- tion Company contractor, has sub- mitted the lowest bid for the furn- ishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now threfore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to K -M Construction Company and the Manager he and he is hereby di- rected to execute a contract on be. halt of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Kintzinger moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of De- catur Street with curb and gutter from east property line of Prescott Street to west property line of Lincoln Avenue, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Special Session. April 15, 1952 277 Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. April 15, 1952 To the Honornble Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Decatur Street from the east property line of Pres- cott Street to the west property line of Lincoln Avenue. Attached is the tabulation of bids received. I recommend that the contract be awarded to K -M Construction Company who submitted the lowest bid received which was 15.55" un- der the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Austin. Carried by the following vote: Peas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --None. (Awarding Contract) RESOLUTION NO. 223--52 Whereas, proposals have been submitted by contractors for the improvement of Decatur Street with curb and gutter from east property line of Prescott Street to west property line of Lincoln Av- enue purusant to Resolution No. 107--52 and K -M Construction Company contractor, has submit- ted the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the abo-m mentioned improvement be awarded to K -M Construction Company and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Welu moved that the resolution just read being a reso- lution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—one. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of tfamilton Street with curb and gut- ter from east property line of Rhomberg Avenue to the west prop- erty line of Garfield Avenue, pre- sented and read. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays- -None. April 1.5, 1952 To the Honorable :Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on IIamilton Street from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Attached is the tabulation of bids received. I recommend that the contract be awarded to K -M Construction Company who submitted the low- est bid received which was 15.5% under the Engineer's estimate. Respectfully L JuS�HILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Seo- 278 Special Session, April 15, 1952 ended by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Well'. Nays—None. (Awarding Contract) RESOLUTION NO. 224-52 Whereas, proposals have been submitted by contractors for the improvement of Decatur Street with curb and gutter from east property line of Rhomberg Avenue to the west property line of Gar- field Avenue pursuant to Resolu- tion No. 1o9--52 and K -M Con- struction Company contractor, has submitted the lowest bid for the furnishing of all labor and mater. ials and performing the work as provided for in the plans and speci- fications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to K -M Construction Company and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Kintzinger moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that !ke same be placed on file with Me City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Hamilton Street with curb and gutter from the east property line of Lincoln Avenue to the west property line of Prescott Street, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were receiv- ed up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Hamilton Street from the east property line of Lin- coln Avenue to the west property line of Prescott Street. Attached is the tabulation of bids received. I recommend that the contract be awarded to the K -M Construc. tion Company who submitted the lowest bid received which was 15.V4. under the Engineer's esti- mate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin. Kintzinger, Schueller, Welu. Nays ----None. (Awarding Contract) RESOLUTION NO. 225-52 Whereas, proposals have been submitted by contractors for the improvement of Hamilton Street with curb and gutter from east property line of Lincoln Avenue to the west property line of Pres- cott Street pursuant to Resolution No. 111-52 and K -M Construction Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be it Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to K -M Construction Company and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent Special Session, April 15, 1952 279 and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for I one week on April 15th, 1952. Councilman Schueller moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None, Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of Lawther Street with curb and gut- ter from west property line of Burden Avenue to the east prop- erty line of Brunswick Street, pre- sented and read. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote. Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were receiv- ed up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Lawther Street from the what property line of Burden Avenue to the cast property line of Brunswick Street. Attached is the tabulation of bids received. I recommend that the contract be awarded to the K -M Construe tion Company who submitted th lowest bid received which was 15% under the Engineer's F:stitnate. Respectfully submitted, L. J. SCHILTZ, City Manage Councilman Kintzinger move that the recommendation of City Btanager Schiltz be approved. Sec onded by Councilman Austin. Ca vied by the following vote: Yeas -Mayor Kolb, Councilme Austin, Kintzinger, Schueller, Welu. Nays—None. (Awarding Contract) RESOLUTION NO. 226--52 Whereas, proposals have been submitted by contractors for the improvement of Lawther Street with curb and gutter from west property line of Burden Avenue to the east property line of Bruns- wick Street pursuant to Resolution No. 113--52 and K -M Construction Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore. Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mention- ed improvement be awarded to K -M Construction Company and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Kintzinger moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion, Seconded by Councilman Schueller. Carried by the follow- ing vote: yeaa—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. o Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Ramona Street with curb and gutter from Manager 200 feet north of the north prop- erty line of Adeline Street to 100 feet south of the south property line of Adeline Street, presented Car I and read. Councilman Welu moved that the n proof of publication be received 280 Special Session, April 15, 1952 _ and filed. Seconded by Councilman Be It Further Resolved that this Austin. Carried by the following resolution being deemed urgent and of immediate necessity be - vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays --None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were receiv- ed up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Ramona Street from 240 feet north of the north prop- erty line. of Adeline Street to 100 feet south of the south property line of Adeline Street. Attached is the tabulation of bids received. I recommend that the contract be awarded to the K -M Construc- tion Company who submitted the lowest bid received which was 16.4% under the Engineer's esti- mate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Awarding Contract) RESOLUTION N0. 227-52 Whereas, proposals have been submitted by contractors for the improvement of Ramona Street with curb and gutter from 200 feet south of the south property line of Adeline Street to 100 feet south of the south property line of Ade- line Street pursuant to Resolution No. 115-52 and K -M Construction Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to K -M Construction Company and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Welu moved that the resolution just read being a resolu- tion making a contract be now con- sidered complete in form for final passa;e and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adoption. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of the south 'side of Simpson Street with curb and gutter from the west property line of Fremont Avenue to a point 125 feet west of west property line of Cross Street, presented and read. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were receiv- ed up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on the south side of Simpson Street from the west prop- erty line of Fremont Avenue to a point 125 feet west of the west property line of Cross Street. At- tached is the tabulation of bids received. I recommend that the contract be awarded to the K -M Construc- tion Company who submitted the lowest bid received which was 12.4% under the Engineer's esti- mate. Respectfbully submitted, L. J. SCHILT'Z, City Manager Councilman Kintzinger moved that the recommendation of City Special Session, April 15, 1952 2R1 Manager Schiltz be approved. Sec- Councilman Schueller moved that onded by Councilman Schueller. the proof of publication be receiv- Carried by the following - ed and filed. Seconded by Council- yeas.—Mayor Kolb, Councilmen man Welu. Carried by the g vote: follow - Austin, Kintzinger. Schueller, Welu-elu. inYeas—Mayor Kolb, Councilmen Nays—None. Austin, Kintzinger, Schueller, Welu. (Awarding Contract) Nays—None. RESOLUTION NO. 228-52 April 15, 1952 Whereas, proposals have been To the Honorable Mayor and submitted by contractors for the improvement of South side City Council, Dubuque, Iowa. Simpson Street with curb and gut-- Gentlemen: Pursuant to your in- structions, sealed bids were re - ter from west property line of Fre- ceived up to 10:00 A.M. on April wont Avenue to a point 125 feet 15th. 1952 for the construction of west of the west property of Res - curb and gutter on the east side of Cross Street pursuant to Stetmore Street from the south tion No. 117-52 and K•M Construe�o x,rt line of Lombard Street tion Company contractor, has sub- a point line feet south. Attached fitted the lowest bid for the furnishing of all labor and mater - is the tabulation of bids received. ials and performing the work as I recommend that the contract provided for in the plans and speci. be awarded to K -M Construction fications; now therefore, Company who submitted the low - Be It Resolved by the City Coun- est bid received which was 12.6% cil of the City of Dubuque that tinder the Engineer's estimate. the contract for the above mention- Respectfully submitted, ed improvement be awarded to L. J. S , K -M Construction Company and City ty Manager the Manager be and he is hereby Councilman Schueller moved that directed to execute a contract on the recommendation of City Man - behalf of the City of Dubuque for ager Schiltz be approved. Seconded the compete performance of said by Councilman Welu. Carried by work. the following vote: Yeas—Mayor Kolb. Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Kintzinger moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas --:Mayor Kolb. Councilmen Austin, Kintzinger, Schueller, Welu. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of the east side of Stetmore Street with curb and gutter from south proper- ty late of Lombard Street to a point 66i1 feet south, presented and read. (Awarding Contract) RESOLUTION NO. 229-52 Whereas, proposals have been submitted by contractors for the improvement of east side of Stet - more Street from south property line of Lombard Street to a point 660 feet south pursuant to Reso- lution No. 119- -52 and K•M Con. struction Company contractor, has submitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun. cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to K -M Construction Company and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being 282 Special Session, April 15, 1952 and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952, Councilman Schueller moved that the resolution ,lust read being a resolution making a contract be now considered complete in form for final passagz and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Second by Councilman Kint- zinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of Strauss Street with curb and gut- ter from the west property line of Burden Avenue to the east prop- erty line of Brunswick Street, pre- sented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived up to 10:00 A.M. on April 15th, 1952 for the construction of curb and gutter on Strauss Street from the west property line of Burden Avenue to the east prop- erty line of Brunswick Street. At- tached is the tabulation of bids received. I recommend that the contract be awarded to the K -M Construc- tion Company who submitted the lowest bid received which was 10.8% under the Engineer's esti- mate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Welu. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Awarding Contract) RESOLUTION NO. 230-52 Wh^reas, proposals have been submitted by contractors for the improvement of Strauss Street with curb and gutter from the west property line of Burden Avenue to the west property line of Bruns- wick Street pursuant to Resolution No. 121-52 and K -M Construction Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications: now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to K -M Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this; resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on April 15th, 1952. Councilman Welu moved that the resolution just read being a reso- lution making a contract be now considered complete in form for. final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Austin. Carried by the following vote: Yeas --Mayor Kelb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays ---None. April 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen. This is to advise that the improvement of Finley Street with concrete curb and gutter from the south property line of Univer- sity Avenue to the north property line of West Street, under con- Special Session, April .15: 1952 293 tract K -hl Construction Company of Dubuque, Iowa, has been com- pleted in accordance with the plans and specifications. I, Therefore, recommend the acceptance of this work. Respectfully submitted, L. J. SCIIILT7„ City Manager Councilman Welu moved that the recommendation of City Manager Schillz he approved. Seconded by Councilman Kintzing^r. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. Final Estimate City of Dubuque, Iowa RESOLUTION NO. 231-52 Whereas, the contract for the improvement of Finley Street with curb and gutter from the south property line of Delhi Street to the south property line of West Street has been completed and the City Engineer has ,ubmitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $4,582.51. That 54,33:1.51 of the cost there- of shall he assessed upon private property and $249.00 shall be paid from the Street Improvement Fund of the City of Dubuque. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Alayor CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KiNTZINGER, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Seconded ed by Councilman Kintzinger. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-- None. provement and Directing the Clerk to Publish Notice.) City of Dubuque, Iowa RESOLUTION NO. 232-52 Whereas, the contract for the improvement of Finley Street with concrete curb and gutter from the south property line of Delhi Street to the north property line of West Street has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- p)ete,,i according to the terms of the contract, plans and specifica- tions and reenmmends its accept- ance, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments there- for, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improvement bonds is. sued upon the above described im- provement in anmount equal to the amount of his contract, less any retaained percentage provided for therein. Passed, adopted and approved this 15th day of April, 1952. Approved: RAY F. KOLB, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen ( A Resolution Accepting I" Attest: J. J. SHEA'city Clerk Councilman Kintzinger moved the adoptionyCouncilman resolution. of the Sec- onded by Schueller. Carried by the following vote: Yeas—.Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Well). Nays --None. Resolution No. 233--52. Prelim- *4 4 Special Session, April 15, 1952 ;Wr approval of proposed plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Bradley Street with curb and gutter from the north property line of Henderson Street to a point 816 feet north, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 234-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot for the improvement of Bradley Street with curb and gutter from north property line of Henderson Street to a point 816 feet north. Be It Therefore Resolved that the City Council petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mention- ed improvement, and unless prop- erty owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assesments, they shall be deemed to have waived all objections thereto. Said improvement shall be 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 distant- ance whether the same abuts there- on or is adjacent thereto accord- ing to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street funds or sewer funds, or partly out of each of said funds. Bonds shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been per- form,�d and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of April, 1952. Approved: RAY F. KOLB, Msyur CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be plac- ed on file with the City Clerk and remain on file for public inspec- tion for at least one week before final adoption. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 235-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 233-52 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- Special Session, April 15, 1952 285 ment of Bradley Street with curb and gutter from north property line of Henderson Street to a point 816 feet north and, Whereas, the proposed Resolu. tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 5th day of May, 1952, a pub- lic hearing will be held at 7:30 o'clock P.M. in the Council Cham. ber in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement may appear and make objection to the proposed plans and 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, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the Proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor. CL ARENCE 11. WELIJ, RUBEN V. AUSTIN, CHARLES A. KINT'LINGF..R, LEO N. SCHIIELLFR, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays ---None, RESOLUTION NO, 236—S2 Preliminary approval of proposed plans, specifications, form of con- tract, plat. and schedule and all other documents for the improve- ment of Pearl Street with curb and gutter from east property line of O'Hagen Street to west prop- perty line of McCormick Street, presented and read. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Necessity for Improvement) RESOLUTION NO. 237-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: 1, The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount there- of which is estimated to be as. sessed against each lot, for the improvement of Pearl Street with curb and gutter from east prop- erty lime of O'Hagen Street to west property line of McCormick Street. Be It Therefore Resolved that the City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men. tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the city Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- 286 Special Session, April 15, 1.952 for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ments will be assessed upon and against all privately owned prop- erty lying within assessable &- 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 benetits conferred thereby, and any deficiency shall be paid out of the street improve- ment funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a .contract has been performed and accepted and the proceeds there- of used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro. duced, approved and ordered plac- ed on file with the City Clerk this 15th day of April, 1952. Approved: RAY F. KOLB, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGER, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kintzinger moved that the resolution just read, being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be Placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas --Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 238-52 Whereas, the City Council of the City of Dubuque, Iowa has by Resolution No. 236-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Pearl Street with curb and gutter from the east property line of O'Ilagen Street to west property line of McCormick Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore resolved that on the 5th day of May, 1952, a public hearing will be held at 7:30 o'clock F.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is here- by directed to cause a notice of the time and place of such hearing to be published in some news- paper published in the city of 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 reso. lution have on file with the City Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 15th day of April, 1952. RAY F. KOLB, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, CHARLES A. KINTZINGF.R, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resulution. Second- ed by Councilman Austin. Carried by the following vote: Special Session, April 15, 1952 _ 287 Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. There being no further business Councilman Schueller moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. J. J. SHEA, City Clerk Approved ... b 1952 Adopted �R7�!!^' 1/952 ....!i"...l.. . Councilmen: I�t Attest: . ....... �( ity Clerk Regular Session, May 5, 1952 289 City Council (OFFICIAL) Regular Session, May 5th, 1952. Council met at 7:30 P.M. Present—Mayor Kolb, Council- men Austin, Kintzinger, Schueller, Welu. City Manager Schiltz. Mayor Kolb stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of meet- ing for issuance of Water Revenue Bonds, 1952 Series, in the amount of $200,000, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of the sale of $200,000 Water Revenue. Bonds, 1952 Series, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: more successive weeks in at least one newspaper located in Du- buque County; and Whereas all sealed bids were re- ceived and placed on file, after which open bids were called for and received as follows: Carleton Beh Co. and Veith, Duncan and Wood—Par, accrued interest, 21/2% interest coupons and premium of $20.00: Quail & Co. and Becker & Cownie, Inc.—Par, accrued inter- est 2%% interest coupons and premium of $30.00 and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: no sealed bids re- ceived. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. RESOLUTION NO. 239-52 Resolution providing for the sale and award of $200,000 Water Reve- nue Bonds, 1952 Series, and approv- ing and authorizing the agreement of such sale and award. Whereas notice of sale of Water Revenue Bonds, 1952 Series, of the City of Dubuque, Dubuque County, Iowa, in the amount of $200,000 has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa by Publication of notice for two or Section 1. That upon being ad- vised in the premises, it is hereby determined that the bid of Quail & Co. and Becker & Cownie Inc. of par, accrued interest, 2VA% in- terest coupons and premium of $30.00 for the purchase of said Water Revenue Bonds, 1952 Series, as advertised is the highest and best bid received and that said bonds bearing interest at the rate of two and one-half per cent (2Va%) per annum be and the same are hereby awarded to said Quail & Co. and Becker & Cownie, Inc. Section 2. That the form of agreement of sale of said bonds to Quail & Co. and Becker & Cownie, Inc. be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Introduced May 5, 1952. Councilman Welu moved that the resolution just read being a resolution making a contract be now considered in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for I public inspection for at least one week before final adoption. See- :wl Regular Session. May 5, 1952 ,mitr3 by Councilman Austin. Car- _.w- by the follo-wing vote: teas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. RESOLUTION NO. 240-52 A Resolution authorizing and providing for the issuance and securing the payment of $200,000 Water Revenue Bonds, 1952 Series, of the City of Dubuque, Iowa, un- der the provisions of Section 397.10 et seq. of the Code of Iowa, for the purpose of defraying the cost of improvement and exten- sions to the municipal waterworks in and for said City and providing for the collection, segregation and distribution of the revenues of such municipal waterworks. Whereas the City of Dubuque, in Dubuque County, Iowa, did here- tofore in the year 1900 establish a municipal waterworks in and for said City and the management and control of said utility is vested in the City Council of said City and no board of trustees exists for this purpose; and Whereas pursuant to a resolution finally adopted by the City Council of said City on December 15, 1950, there have been heretofore issued and are now outstanding Water Revenue Bonds, of said City to the amount of $100,000, dated Decem- ber 1, 1950, bearing interest at the rate of One and seven -eights per cent (1-7/8%) per annum and ma- turing $30,000 on December 1, 1952, and $35,000 on December 1 of each of the years 1953 and 1954, and in and by said resolution the right was reserved to the City to from time to time authorize, issue and deliver under specified conditions additional water revenue bonds ranking on a parity with the bonds thereby authorized; and Whereas this Council has hereto- fore determined it advisable and necessary that the City of Du- buque, lowa, improve and extend the municipal waterworks, the estimated cost of which improve ments and extensions aggregates $200,000, and under the provisions of Section 397,10 et seq, of Chapter 397 of the Code of Iowa, said City is authorized to issue negotiable interest bearing revem,e bonds for the purpose of defraying the cost of such improvements and exten- sions, which bonds are to be paid from the net earnings of such waterworks and secured by a pledge of the property to be acquired with the proceeds from the sale thereof; and Whereas it is deemed advisable that there be authorized to be is- sued at this time additional water- works revenue bonds of said City, as hereinafter provided, so that such additional bonds will rank on a parity with the bonds now out- standing and a notice of the in- tention of this Council to take ac- tion for the issuance of said ad- ditional $200,000 Water Revenue Bonds, 1952 Series, of said City has heretofore been duly published and no petition setting forth ob- jections to such proposed action has been filed in the office of the City Clerk; Now, Therefore, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That for the purpose of defraying the cost of improvi,• ments and extensions to the muni- cipal waterworks as referred to in the preamble hereof there be and there are hereby authorized to be issued the ngotiable interest bear- ing revenue bonds of said City of Dubuque, in the principal amount of $200,000, each of which shall be known and designated as a "Water Revenue Bond, 1952 Ser- ies," bearing date of April 1, 1952, of the denomination of $1000 each and bearing interest at the rate of two and one-half per cent (2%%) per annum, payable December 1, 1952, and semiannually thereafter on the first days of June and De- cember of each year from the date of said bonds until they are paid. Said bonds shall be numbered consecutively from 1 to 200, in- clusive, and shall mature in numerical order $50,000 on Decem- ber 1 of each of the years 1955 to 1958, inclusive. Both principal and interest of said bunds shall be payable in lawful money of the United States Regular Session, May 5, 1952 291 of America at the office of the City Treasurer in and of the City j of Dubuque, Iowa. All of said bonds and the interest thereon shall rank on a parity with the presently outstanding Water Reve- nue Bonds referred to in the pre- amble hereof and with any ad- ditional bonds which may here- after he issued and outstanding from time to time on a parity therewith and all of such bonds shall be payable solely from the bond and interest redemption sink - Ing fund hereinafter referred to and shall be a valid claim of the holder thereof only against said fund, and none of said bonds shall be a general obligation of said City nor payable in any manner by taxa- tion, and under no circumstances shall said City be in any manner liable by reason of the failure of the net earnings of the municipal waterworks to be sufficient for the payment in whole or in part of said bonds and interest thereon, but said bonds, together with the presently outstanding bonds re- ferred to in the preamble hereof and such additional bonds as may be hereafter issued on a parity therewith, shall be payable, both as to principal and interest, solely and only from the future net earn- ings of said waterworks pledged therefor as hereinafter provided. Section 2. That said bonds and coupons shall be in substantially the following form: ( Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE WATER REVENUE BOND 1952 SERIES Number $1000 The City of Dubuque, in the County of Dubuque, and State of Iowa, for value received promises to pay to bearer, in the manner hereinafter specified, the sum of one Thousand Dollars ($IOOO) on the first day of December, 19—, with interest on said sum fru date herm)f until paid at the rat Of two and one-half per cent (2kli k Per annum, payable December 1 1952, and semiannually hereafter on the first days of June and Decem- ber in each year, all such interest as may accrue on and prior to the maturity of this bond to be paid on presentation and surrender of the interest coupons hereto at- tached as they severally become due; both principal and interest being payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond and the series of which it is a part are issued by said City pursuant to the provisions of Sec- tion 397.10 et seq. of Chapter 397 of the Code of Iowa, 1950, and all other laws amendatory hereof and supplemental thereto, and in con- formity with a resolution of the City Council of said City duly passed on the 14th day of May, 1952. This bond is one of a series of bonds of like tenor and date (ex- cept maturity), numbered from 1 to 200, inclusive, issued for the purpose of defraying the cost of improving and extending the muni- cipal waterworks in and for said Ii City and is not a general obliga- tion of said City, but this bond and the series of which it forms a part, together with other bonds heretofore issued and outstanding and any additional bonds as may be hereafter issued and outstanding from time to time on a parity therewith under the conditions set forth in the resolution authorizing said series as referred to in the i preceding paragraph, are payable solely and out of the future net earnings of said municipal water - work.; which are pledged for that. purpose; and said Improvements and extensions acquired from the iproceeds of this series of bonds are pledged to the payment of this bond and the series of which it is a part. This bond is not payable in any manner by taxation and under no circumstances shall the Pity of Dubuque be in any manner IiuWe by reason of the failure of the said net earnings to be suf- ficient for the payment of this m bond and the interest hereon. e And it is hereby certified, re- cited and declared that all acts, conditions and things required to exist, haPPen arid be performed ,qy Regular Session, May 5_1952 precedent to and in the issuance of this bond and the series of which it is a part have existed, have hap. pened and have been performed in due time, form and d manner, that a re- quired by law, is- suance of this bond does not ex- ceed or violate any constitutional or statutory limitation or provision. In Testimony Whereof, said haty s of Dubuque, by ed by caused this by to be sign its Mayor and attested by its Citv Clerk, with the seal of said City affixed, and the coupons hereto at- tached to be executed with the facsimile signature of the City Clerk, which official by the execu- tion of this bond does adopt as and for his own proper signature his facsimile signature appearing on said coupons, this first day of April, 1952. Attest: Mayor of the City of Dubuque, Iowa City Clerk of the City of Dubuque, Iowa (Form of Coupon) No. The Treasurer of the City of Du- buque, Iowa, will pay to bearer out of the future earnings of its municipal waterworks — Dollars ($--) on , 19—, at the of- fice of the City Treasurer, Du- buque, Iowa, as provided in and for semiannual interest then due on its Water Revenue Bond, 1952 Series, dated April 1, 1952, No- .......................................... City Clerk. There shall also be printed in bold face type across the face of each of said bonds the following provision: "This bond is not a general ob- ligation bond nor payable in any manner by taxation, but is pay. able only from the net earnings of the municipal waterworks of the City of Dubuque, Iowa." On the back of each bond there shall be printed the certificate of the City Treasurer in the follow. ing form: "The issuance of this bond has been duly and properly registered in my office as of the first day of April, 1952. ..................... ........... Treasurer of the City of Dubuque, Iowa." Section 3. That said bonds shall be signed by the Mayor and at- tested by the City Clerk of said City, with the seal of the City af. fixed, and the interest coupons at. tached thereto shall be executed by said Clerk by his facsimile signature, and said official, by the execution of said bonds shall adopt as and for his own proper signa- ture his fascimile signature ap- pearing on such coupons. When and as executed said bonds shall be delivered to the City Treasurer to be by him duly registered as to issuance as provided by law, and said Treasurer shall sign the cer- tificate hereinafter set out in Sec- tion 2 and endorsed upon the back of each of said bonds and deliver said bonds to the purchaser thereof, upon payment of the pur- chase price, same being at least par and accrued interest, and the proceeds received by the sale of said bonds, exclusive of accrued interest, shall be applied to defray- ing the cost of improvements and extensions to the municipal water- works of said City. Any unex- pended balance of the proceeds of the bonds hereby authorized re- maining after the completion of the improvements shall at the time of such completion be converted into the "Water Revenue Bond Sinking Fund," hereinafter provided for. All accrued interest as may be re- ceived from the sale of the bonds hereby authorized shall be con- verted into said "Water Revenue Bond Sinking Fund." Section 4. That so long as any of said bonds or any other bonds ranking on a parity therewith are outstanding said municipal water- works shall continue to be oper- ated as a revenue producing under- taking. The rates charged by the City of Dubuque, Iowa, to custom- ers of the municipal waterworks, including the municipality, shall be such reasonable rates within the following maximum rates as will be sufficient to pay for the opera- Regular Session. May 5. 1952 293 tion and maintenance of said plant and system and the principal of and interest on the bonds herein authorized. The maximum quart- erly rates that need be charged for services rendered by said water- works are hereby determined to be as follows: First 3,000 cubic feet per quarter at $.54 per hundred cubic fee? Next 3,000 cubic feet per quarter at $.4� per hundred cubic feet Next 3,000 cubic feet per quarter at $.34 per hundred cubic feet Next 21,000 cubic feet per quarter at $.28 per hundred cubic feet Next 15,000 cubic feet per quarter at $.26 per hundred cubic feet Next 30,000 cubic feet per quarter at $.24 per hundred cubic feet Next 75,000 cubic feet per quarter at $.22 per hundred cubic feet Next 150,000 cubic feet per quar- ter at $.18 per hundred cubic feet Balance at $.14 per hundred cubic feet. The minimum quarterly charge according to size of meters shall be as follows: 5/8"—$4.90 --.allowance 900 cu. ft. 3/4"—$7.50—allowance 1300 cu. ft been created and is to be main- tained a "Water Revenue Bond Sinking Fund" and for the monthly payment into said fund from the future net earnings of said works of such portion thereof as will be sufficient to pay the interest upon and principal of the outstanding Water Revenue Bonds and main- taining a reserve therefor are all hereby ratified and confirmed, and all such provisions shall insure and constitute the security for the pay- ment of the interest on and the principal of the Water Revenue Bonds, 1952 Series, hereby author- ized as may from time to time be outstanding; provided, however, that the amounts to be annually set aside and paid into said Water Revenue Bond Sinking Fund, in equal monthly installments, shall be sufficient to pay the interest and principal due in each year, not only of the bonds issued and outstanding under the provisions of said resolution adopted Decem- ber 15, 1950, but also the interest on and principal of the Water Revenue Bonds, 1952 Series, is- sued pursuant to this resolution and from time to time outstanding and to maintain a reserve therefor. 1"-10.00—allowance 1800 cu. ft. 14."--$12.00—allowance 2200 cu, ft 1�i"—$15.00—allowance 2700 cu. ft. 2"-18.00—allowance 34(X) cu. ft. For users outside the city limits, an additional charge equal to 25176 of the above rates will be made. Section 5. That the provisions, covenants, undertakings and stipu- lations for the operation of the municipal waterworks of said City and for the collection, application and use of the revenues and in- come from such operation, as set forth in the resolution adopted by the City Council of said City on December 15, 1950, and pursuant to which the outstanding Water Revenue Bonds of said City were issued shall inure and appertain to the bunds hereby authorized to the same extent and with like force and effect as if herein set out in full, except only in so far as same May be inconsistent with this reso- lution. The provisions in and by said resolution whereby there has Section 6. That the provisions of Section 6 of said resolution adopted December 15, 1950, with respect to the issuance of additional water revenue bonds ranking on a parity with the bonds thereby authorized are hereby recognized. It is hereby found and declared that the of- ficially reported net revenues of the municipal waterworks of said City for the last calendar or fiscal year are equal to at least one and one- fourth time the total of (1) the maximum amount of principal and interest that will become due in any calendar year on the bonds now outstanding and (2) the max- imum amount of principal and in- terest falling due in any calendar year prior to the last year in which any of the outstanding bonds mature on the bonds hereinafter authorized and proposed to be is- sued. Section 7. That the City of Du- buque hereby covenants and agrees with the holder or holders of said bonds, or any of them that may from time to time be outstanding, 294 Regular Session, May 5, 1952 that it will faithfully and punct- ually perform all duties with refer- ence to the municipal waterworks required and provided by the Con- stitution and Laws of The State Of Iowa and will segregate the revenues of said works and make application thereof in accordance with the provisions of this reso- lution. Section 8. That for the further protection of the holders of the bonds herein authorized to be is- sued and the coupons thereto at- tached a lien is hereby recognized and declared to be valid and bind- ing upon the improvements and extensions to the waterworks ac- quIred with the proceeds of the bonds hereby authorized, which lien shall take effect immediately upon the delivery of any of said bonds. In the event of a default In any of the terms of this resolu- tion, said lien may be enforced and foreclosed for the use and benefits of all of said bonds then outstanding in the manner pro- vided by the laws of the State of Iowa for the enforcement and fore- closure of chattel mortages and it is hereby specifically agreed with each holder of any of said bonds that the Improvements and exten- sions acquired through the issuance of the revenue bonds hereby auth- orized shall he and remain chat- tels and never be regarded as fix- tures or become a part of the real estate upon which located, even though attached thereto. The City Clerk is hereby authorized and directed to file a certified copy of this resolution in the office of the County Recorder of Dubuque County and cause the same to be there duly recorded for the pur- pose of evidencing such lien and giving notice of the record thereof. Section 9. The bonds hereby authorized and from time to time outstanding shall not be entitled to priority or preference one over the other, in the application of the net earnings of said municipal waterworks or with respect to the Pledge of the property securing their payment, regardless of the time or times of the issuance of such bonds, it being the intention tl►at there shall be no priority among the bonds authorized to be issued under this resolution regard- less of the fact that they may have been actually issued anti delivered at different times. Any other bonds or obligations hereafter issued cr incurred which are payable from the net revenues of said municipal waterworks plant and system shall be subject to the priority of any of the Water Revenue Bonds re- ferred to in the preamble hereof which are then outstanding and to the priority of the bonds then out- standing under the provisions of this resolution; provided, however, that said City of Dubuque hereby reserves the right and privilege of issuing additional bonds from time to time payable from the same source and ranking on a parity with the Water Revenue Bonds hereinbefore referred to and on a parity with the bonds herein auth- orized or permitted to be issued as may then outstanding, in order to pay the cost of future improve- ments and extensions to said waterworks, but only if the offic- ially reported net revenues of said waterworks for the last preceding calendar or fiscal year prior to the issuance of such additional bonds was equal to at least one and one- fourth times the total of (1) the maximum amount of principal and interest that will become due in any calendar year on the Water Revenue Bonds hereinbefore re- ferred to and the bonds herein authorized then outstanding and (2) the maximum amount of prin- cipal and interest falling due in any calendar year prior to the last year in which any of said out- standing Water Revenue Bonds or bonds issued pursuant to this reso- lution mature on the additional bonds then proposed to be issued, and provided also that the interest payment dates for any such ad- ditional bonds shall be semiannu• ally on June 1 and December 1 of each year, and the principal maturites of such additional bonds shall be on December 1 of any year in which any of such prin- cipal is scheduled to become due. The term "net revenues" is de- fined as gross revenues, less operating expenses which shall in- clude salaries, wages, cost of Regular Session. May 5. 1952 295 maintenance and operation, mater- ials, and supplies, pumping cost, I and insurance, as well as all other items as are normally included under recognized accounting pray tices, but shall not include allow- ances for depreciation in the value of physical properties. Section 10. The City of Dubuque agrees that so long as any of the bonds hereby authorized remain outstanding it will maintain insur- ance for the benefit of the holders of the bonds issued hereunder of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business and that it will keep proper books of record and account, separate from all other records and account, showing the complete and correct entries of all transactions relating to said water- works, and that the holders of any of said bonds shall have the right at all reasonable times to inspect the system and all record, accounts and data of the said City relating thereto. Section 11. The provisions of this resolution shall constitute a con- tract between the City of Dubuque and the holders of the bonds here- in authorized to be issued as may from time to time be outstanding and after the issuance of any of said bonds, no change, variation or alternation of any kind of the pro- visions of this resolution shall be made until all of said bonds issued hereunder and interest thereon shall have been paid in full. Section 12. If any section, para- graph, clause or provision of this resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this resolution shall become effective immediately upon its Passage and approval. Section 13. That all resolutions or orders or parts thereof in con- flict herewith be and the same are hereby repealed to the extent of such conflict. Introduced May 5, 1952. Councilman Welu moved that the resolution just read being a resolution making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Kintzinger. Carried by the follow. ing vote: ye" s—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays—None. NOTICE OF CONDEMNATION PROCEEDINGS To: Henry F. Feye, Florence Feye, Carl Feye and N. J. Lees, Estate, Dr. A. M. Loes Pursuant to the directions of the City Council of the City of Du- buque, you are hereby commanded to appear before said Council at a meeting to be held by it in the Council Chamber in the City Hall at 7:30 P.M. on Monday, May 5, 1952, and show cause, if any you have, why a certain structure owned by you and located at the rear of premises known as 678 Central Avenue and situated on parts of City Lots 289A and 290A in the City of Dubuque, Iowa shall be declared a nuisance and abated as privided by the Ordinance of the City of Dubuque. You are further notified that all prior proceedings pursuant to which this notice is given are on file in the office of the City Clerk, where they are open for public inspection and full information. Dated at Dubuque, Iowa, this 16th day of April, 1952. City of Dubuque By Donald J. Bandy, Building Commissioner. State of Iowa t SS. County of Dubuque I This is to certify that I served a copy of the above Notice upon Henry F. Feye, Florence Feye & Carl Feye this 18th day of April, 1952. Donald J. Bandy, Building Commissioner. Subscribed and sworn to before me Geraldine L. Jenni, a Notary Regular Session. May 5. 1952 public in and for Dubuque County, St.s%e of Iowa on this 16th day of April, 1952. Geraldine L. Jenni, Notary Public in and for Dubuque County, Iowa. State of Iowa SS. County of Dubuque 'Phis is to certify that I served a copy of the above notice upon Dr. A. M. Lues this 18th day of April, 1952. Donald J. Bandy, Building Commissioner. Subscribed and sworn to before me Geraldine L. Jenni, a Notary Public in and for Dubuque County, State of Iowa on this 18th day of April, 1952. Geraldine L. Jenni, Notary Public in and for Dubuque County, Iowa. Councilman Austin moved that the Return of Service be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Councilman Austin moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. Dr. A. M. Loes addressed the Council asking that when the build- ing located on the premises known as 678 Central Avenue is being torn down that permission be granted for to allow a portion of the wall adjoining his property to remain standing. RESOLUTION NO. 241-52 Whereas, there was filed with the City Council of the City of Du- buque, Iowa a report dated April 7, 1952, signed by the Fire Chief, Building Commissioner and Sani. tary Inspector, setting forth, among other things, that a certain build. ing located at the rear of the premises known as 678 Central Avenue and situated on parts of City Lot 289A and City Lot 290A in the City of Dubuque, Iowa, is in a dangerous condition and a menace to adjoining property. And, Whereas, thereafter, a com- mittee of three composed of Fred Fitchter, Fred Schroeder and Harry Schiltz was appointed as by Sec- tion 544 of the Building Code of the City of Dubuque provided, to- gether with the Pudding Commis- sioner made a thorough investiga- tion of said building and reported as to the condition of said building to the City Council, on April 7, 1952, stating, among other things, that said building is dangerous to life and health by reason of want of repair and recommend its demolition. And, Whereas, this Council by Resolution No. 164.52, caused and directed the Building Commissioner of the City of Dubuque to serve notice upon henry F. Feye, Flor- ence Feye, Carl Feye and N. J. Loes Estate, the owners of the premises above described, com- manding them to appear before the City Council on May 5, 1952, at 7:30 P.M. and show cause, if any they have, why said building should not be declared a dangerous structure, a nuisance and abated. And, Whereas, said notice has been duly served as so provided, said notice, together with proof thereof, now being on file in the office of the City Clerk. Now, Be It Resolved by the City Council of the City of Dubuque: 1. After a full and fair considera- tion of this matter, said council finds that the building at the rear of the premises known as 678 Cen- tral Avenue and located on parts of City I,ot 289A and City Lot 290A in the City of Dubuque, Iowa, be, and the same is hereby declared to be a dangerous structure, a nuis- ance and it is ordered that the Regular Session, May S. 1952 297 said building be abated and re- moved on or before the 7th day of July, 1952. 2. That the Building Commis- sioner be, and he is hereby di- rected to serve upon Henry F. Feye, Florence Feye, Carl Feye and N. J. Loes Estate, a written notice requiring said nuisance to be abated and removed on or be- fore the 7th day of July, 1952, at- taching to said notice a copy of this Resolution. 3. In the event such structure is not removed by the 7th day of July, 1952 then the Fire Chief of the City of Dubuque is hereby di- rected to remove such structure and report the cost thereof to the City Clerk which cost shall be a.- sessed against the property and collected in the manner provided by Section 4 of Chapter 151 of the Laws of the 54th General Assembly. Passed, adopted and approved this 5th day of May, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, CHARLES A. KINTZINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. public hearing. Councilman Austin moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas—Mayor Kolb, Councilmen A u s t i n, Kintzinger, Schueller, Welu. Nays—None. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im• provements. ) RESOLUTION NO. 241-52 Whereas, proposed plans and specifications and form of contract for the improvement of Argyle Street with curb and gutter from north property line of Lawther Street to south property line of Groveland Place have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 5th day of May, 195'2; and Nays—None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plan, specifications, form of contract and cost of improvement for the improvement of Argyle Street with curb and gutter from the north property line of Lawther Street to the south property line of Grove - land Place, estimated cost $1,944.- 51, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said ' Whereas, the City Council met in regular session this 5th day of May, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form