1949 February Council Proceedings
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Regular Session, February qth, tg49 ~3
City Council
(Official)
Regular Session, February 7th,
1949.
Council met at 7:30 P.M.
Present-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton. City mana-
ger Rhomberg.
Mayor Van Duelman stated that
this is the regular monthly meet-
ing of the City Council for the
porpose of acting upon such busin-
ess as may properly come before
the meeting.
Councilman Murphy moved that
the rules be suspended for the
purpose of allowing any one pres-
ent in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Mr. Stephen Gulyash, Secre-
tary of the cement finishers local,
addressed the Council askng that
only union cement workers and
plasterers work on city projects.
City Solicitor Kintzinger state d
that he did not believe the City
could adopt officially the policy
advocated by Mr. Gulyash.
Mr, John Grogan, speaking for a
committee representing the Trades
and Labor Congress, addressed the
Council asking that a new ball
park be built or 1 a rg a improve-
ments be made to the present
East Fourth Street ballpark in-
cluding acovered grandstand and
that the City Council support a
bill now pending in the Iowa Leg-
islature that would allow cities
to float bond issues to build re-
creation facilities. Council a d-
vised Mr. Grogan that the recrea-
tion department plans to make re-
pairs at the ball park, such as re-
pairing the fence which has been
blown down and also as to im-
provements in the seating facili•
ties. City Manager Rhomberg stat-
ed that he would try and obtain
eopies of the proposed bill now
pending in the Legislature f o r
Council information.
Mr. Mark Gavin addressed the
Council protesting to appearance
of non-union musicians at the
square dances being sponsored by
the City Recreation Department.
City Manager Rhomberg stated
that the music for the square
dances is furnished by records and
transcriptions and the only "live"
music was played by high school
students who were part of the
demonstration.
Notice of Claim of Geo. A. Ham•
inel in the amount of doctor bill,
hospital bill and loss of wages for
injuries sustained in a fall on an
icy crosswalk at Roland Street,
presented and read. Councilman
Moffatt moved that the Notice of
Claim be referred to the City Soli-
citor for investigation and report.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
Notice of Claim of George G.
Rogue in the amount of $650.00
for injuries sustained in a fall on
the icy crosswalk at Sth and Main
Streets, while walking from the
Northwest corner to the Southwest
corner, presented and read. Coun-
cilman Murphy moved that t h e
Notice of Claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of Claim of Delton E.
Winters in the amount of $425.30
for damages to his automobile
caused in striking an improperly
lighted barricade and euipment
placed in the street at or about
the intersection of Goethe Street
and Windsor Avenue, presented
and read. Councilman Thompson
moved that the Notice of Claim
be referred to the City Solicitor
f far investigation and report. Sec-
onded by Councilman Wharton.
I Carried by the following vote:
z4 Regular Session, February 7th, 1949
Yeas -Mayor Van Duelman,
Councilmen MoYYatt, M u r p h p,
Thompson, Wharton.
Nays-None.
Notice of Claim of Delton E.
Winters, as natural father and
guardian of Sheryl Lynn Winters,
in the amount of $1,000.00 Yor in-
juries sustained by Sheryl Lynn
Winters in a motor vehicle acci-
dent at the intersection oY Goethe
Street and Windsor Avenue, said
accident being caused by striking
an improperly lighted barricade
and equipment placed in the street
at said intersection, presented and
read. Councilman Wharton moved
that the notice of claim b e re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of E. G. Corbett, Cor-
bett's Coatectionery and Grocery,
protesting to the proposed recom-
mendations to prohibit parking on
one side of Rhomberg Avenue and
recommending that parking on the
Southeasterly side of Rhomberg
Avenue from the Chicago Great
Western Railroad Tracks to Mar-
shall Street be restricted to fif-
teen minutes, presented and read.
Councilman Wharton moved that
the petition be received and filed.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of Milton Schaller et al,
property owners and residents in
the neighborhood of Adair Street,
requesting the extension of the
storm sewer in Adair Street Prom
Fillmore Street to Rosedale Av-
enue, presented and read. Council-
man Murphy moved that the peti- I
lion be referred to the Council to
view the grounds. Seconded b y
Comicilman Moffatt. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
IQays-None.
February 7, 1949.
To the Honorable Mayor and
City Council of Dubuque, Iowa
Gentlemen: Herewith is submit-
ted a Resolution Yor your passage,
which authorizes the execution
and delivery of a new Quit Claim
Deed to Company A, 133rd In-
fantry-Headquarters Company 1st
Battalion 133rd Infantry Iowa Na-
tional Guard Armory Corporation,
and which eliminates certain con-
ditions which were included in
the original deed.
Herewith is also submitted a
new Quit Claim deed.
Trusting that you will give this
matter your favorable attention.
Respectfully submitted,
Romolo N. Russo.
Councilman Wharton moved that
the communication be received
and filed. Seconded by Council-
man Murpky. Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 14.49.
Whereas, by Resolution No. 105-
48, passed, adopted and approved
on the 14th day of June, 1948,
it was resolved by the City Council
of the City of Dubuque, Iowa, that
Lot 1 of Lot 2 of Lot 3 of Ran-
dall's Subdivision in the City oY
Dubuque, Iowa, be conveyed to
Company A, 133rd Infantry- Head•
quarters Company, 1st Battalion
133rd Infantry Iowa National Guard
Armory Corporation and that the
Mayor and Clerk of the City of
Dubuque, Iowa, were authorized
and directed t o execute and de•
liver to said Armory Corporation
a quit claim deed to Lot 1 oY Lot
2 of Lot 3 of Randall's subdivision
in the City of Dubuque, Iowa for
and on behalf of the City of
Dubuque, Iowa;
Whereas, said aforementioned
Resolution further provided that
said real estate was to be used
far no purpose other than as the
site of an Armory, and that in
the event said Armory was not
constructed within one year from
the date of said Resolution the
Regular Session, February 7th, 1949 25
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tide to said real estate would
revert back to the City of Dubuque,
Iowa.;
Whereas, on the 9th day oY Sep•
tember, 1948, the Mayor and the
Clerk of the City of Dubuque, Iowa,
did execute and deliver a quit
claim deed to said Armory Cor-
poration for and on behalf of the
City of Dubuque, Iowa, in accord-
ance with the provisions of Reso-
lution No. 105.48;
Whereas, Application has been
made to the City Council of the
City of Dubuque, Iowa, requesting
that the City of Dubuque execute
and deliver a new quit claim deed
to Company A, 133rd I n f a n t r y
Headquarters Company, 1st Bat-
talion 133rd Infantry Iowa Nation-
al Guard Armory Corporation, con-
veying all rights, title and inter-
est of the City of Dubuque in and
to Lot 1 of Lot 2 of Lot 3 of
Randall's Subdivision in the City
of Dubuque, Iowa, and requesting
that there be eliminated and ex-
cluded Yrom said quit claim deed
any provision that said real estate
is to be used for no other purpose
than to erect and maintain a n
Armory thereon, and that there
be eliminated and excluded from
said quit claim deed any provision
that in the event the Armory is not
constructed within one year said
above described real estate shall
revert back to the city of Dubuque;
Whereas, The City Council of
the City of Dubuque, Iowa has
investigated the matter and is oY
the opinioin that such request
should be granted,
Now therefore, be it resolved by
the City Council of the Gity of
Dubuque, Iowa that Lot 1 oY Lot 2
of Lot 3 oY Randall's Subdivision
in the City of Dubuque, Iowa be
conveyed by means oY a new quit
claim deed to Company A, 133rd
Infantry-Headquarters C o m p a n y,
1st Battalion 133rd Infantry Iowa
National Guard Armory Corpora-
tion, and that the Mayor and Clerk
of the City of Dubuque, Iowa, be
and they are hereby authorized and
directed to execute and deliver to
Co. A, 133rd Infantry-Headquarters
Company, 1st Battalion 133rd In•
Pantry Iowa National Guard Armory
Corporation a new quit claim deed
to Lot 1 of Lot 2 of Lot 3 of ftan•
doll's Subdivision in the City of
Dubuque, Iowa, for and on behalf
of the City of Dubuque, Iowa,
eliminating from said quit claim
deed any condition as to the use
of said real estate and eliminating
from said quit claim deed any con-
dition as to the time said Ar•
mory shall be constructed.
Passed, adapted and approved
this 7th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk.
Councilmen Moffatt moved the
adoption of the resolution. S e c-
onded by Councilman Thompson.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Council Proceedings for the
month of September, 1948, pre-
sented for approval. Councilman
Thompson moved that the Council
Proceedings for the month of
September, 1948, b e approved 3a
printed. Seconded by Council•
man Wharton. Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 1.49. An Ordin-
ance amending Ordinance No. 21•
42 regulating and prohibiting 'the
operation of roller skating rinks
in certain places in the City oY
Dubuque, describing roller skating
rinks, providing for revocation of
licenses and for a penalty for via
lotion thereof, said ordinance hav-
ing been passed upon first reading
on January 31st, 1949, and ordered
placed on file with the City Clerk
for public inspection for at least
one week before its final adoption,
was presented for final adoption,
26 Regular Session, February qth, 1949
_-
ORDINANCE N0. 1-49
An Ordinance amending Ordinance
No. 21--42 regulating and prohibit-
ing the operation of roller skating
rinks in certain places in the City
of Dubuque, degcribing roller skat-
ing rinks, providing for revocation
of licenses and for a penalty for vio-
lation f]tereaf.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE:
Section 1. Ordinance No. 21-42
which was passed, adopted and ap-
proved August 15, 1942, is hereby
amended in the following respects:
(a) By striking out the period at
the end of Section 6 (a) of said
Ordinance, inserting in lieu thereof
a comma and adding the following:
"provided, however, that the pro-
visions of this Paragraph (a) shall
not apply to any roller skating rink
in any permanent enclosed building
which has been built especially for
the purpose of conducting a roller
skating rink".
(b) By striking out the period
at the end of Section 8 of said Ordi-
nance and inserting in lieu thereof a
comma and adding the following:
"provided, however, that any roller
skating rink operated. in any per-
manent building which has been
built especially for the purpose of
conducting a roller skating rink
therein may be and remain open
between the hours of 9:00 o'clock
.4. M. and 12:00 o'clock midnight on
weekdays and between the hours
of 12:00 o'clock noon and 12:00 O'-
clock midnight on Sundays".
Section 2. This ordinance, being
deemed urgent, and in the inteeest of
public health, comfort and conven-
ience, shall be in force and effect
from and after its final passage,
adoption, and approval by the City
Council and publication as by law
provided.
Passed upon first reading this 21st
day of January, 1949.
Passed, adopted and approved upon
final reading this 7th day of Febru-
ary 1949,
FRANK VAN DUEL'.II,AN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
ATTEST: J J. SHEA
City Clerk.
Published officially in the Tele-
graph-Herald newspaper this 10th day
of February 1949.
J. J SHEA.
City Clerk.
Councilman Wharton moved the
adoption of the ordinance. Sec-
onded by Councilman Murphy. Car•
fled by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 2.49. An Ordin-
ante granting to St. Clara College,
a Wisconsin, nonprofit corporation,
its successors and assigns, t h e
right to construct a sanitary sew-
er in Peabody Street and in Dodge
Street from the existing sanitary
sewer now located in Dodge
Street thence northwesterly
through Dodge Street and Peabody
Street, and prescribing the condi-
tions of this grant and regulating
the connection with said exist•
ing sanitary sewer on Dodge Street,
said ordinance having been passed
upol: first reading on January 31st,
1949, and ordered placed on file
with the City Clerk for public
inspection far at least one week
before its final adoption, was pre•
rented for final adoption.
ORDINANCE N0. 2-49.
An Ordinance granting to St. Clara
College, a Wisconsin, non-profit cor-
poration, its successors and assigns,
the right to construct a sanitary
sewer In Peabody Street and in Dodge
Street from the existing sanitary
sewer how located in Dodge Street
thence northwesterly through Dodge
Street and Peabody Street, and pre-
scribing the conditions of this grant
and regulating the connection with
said existing sanitary sewer on Dodge
Street.
WHEREAS, the said St. Clara Col-
lege has filed its petition with the
City Council of the City of Dubuque,
Iowa for permission to construct at
its expense a ten (10) inch sanitary
sewer in Peabody Street and in Dodge
Street commencing at and connected
to the present sanitary sewer in
Dodge Street as convenient thence
northwesterly through Dodge Street
to Peabody Street and thence north-
westerly again, parallel with the street
line of Peabody Street, to the north
street line oY Peabody Street, said
sewer to he then extended across and
through the adjacent property to con-
nect with and nerve the buildings of
petitioner and after due considera-
tion this Council finds no objections
to the granting of said request and
does therefore make the following Or-
dinance:
Be It Ordained by the City Council
of the City of Dubuque. Iowa:
Section 1. St. Clara College, a Wis-
consin, non-profit corporation, its suc-
cessors and assigns be and it is
hereby granted the right to con-
struct aten (l0) inch sanitary sew-
er in Peabody Street and in Dodge
StreeT commencing at and connected
to the existing sanitary sewer now
located in Dodge Street at a point
near the intersection of the said
Peabody Street and Dodge Street, as
convenient, thence northwesterly
through Dodge Street to a point in
Peabody Street approximately 27.4
feet west of the east street line of
Peabody Street and thence north-
westerly again, parallel with the
street line of Peabody Street for ap-
proximately 140 feet to the north
street line of Peabody Street, said
sewer to he then extended through
and across the adjacent properh: .n
connect with and serve the buildina,~s
of said grantee, its successors and
assigns.
Section 2. That the total ~ ost of
constructing said sewer shall be paid
by said grantee and the sewer shill
be .built under the direction oP the
City Manager and the City ,Engineer.
Regular Session, February qth, 1949 27
,Section 3. That before commencing
any excavation in the street prepara-
tory to the laying of the sewer, said
grantee or the contractor to wham
the work shall be awarded shall cause
to be filed with the City of ilubuque
a public ]lability and property dam-
age insuradce policy, with a com-
pany and in form to be approved by
said City, in which the City of
Dubuque, Iowa, [s named as an addi-
tional insttred and by the terms of
which policy the City of Dubuque,
Iowa, shall be insured against liability
in the amount of Ten Thousand ($10,-
000.00) Dollars for and any and all
damages which may be sustained by
reason of or in connection with the
construction oY said improvement and
said policy shall remain in force and
effect until all ditches have been re-
filled, obstructions removed from the
street and the surface of the street
and sidewalks replaced to as good
condition as they were in before dis-
turbed.
Section 4. As a further condition
to this grant, it is understood that
after said sewer is completed the
City of Dubuque shall have the right
to make extensions thereto into other
streets or districts without being re-
quired to pay any part of the cost
of the original construction of the
sewer herein authorized.
Section 5. Upon completion of the
aforesaid project pursuant to the di-
rection and supervision of the City
Manager and City Engineer, the same
shall be accepted by the City Council
of the City of Dubuque, and there-
after all maintenance and repairs of
this sewer shall be paid by the City of
Dubuque.
Section 6. After said sewer has
been completed and the total cost
thereof determined, such cost shall be
certified as correct and filed in the
office of the City Clerk, where the
same shall remain as a permanent
record. Any person or persons de-
siring to connect with said sewer
shall first apply to the City Council
for permission so to do and such
permission shall be granted upon con-
dition that such property owner pay
to the applicant herein, its succes-
sors ar assigns, such a part of the
total original cast of construction of
said sewer as the linear feet of the
property to be connected bears to
the same, which cost shall not be
in excess of that which may be levied
upon property in the construction of
sewers as provided by Statute.
Section 7 That after said sewer
has been constructed it shall not be
removed or its free use interfered
with by the grantee herein, its suc-
cessors or assigns.
Section 3. This Ordinance being
deemed urgent and of immediate ne-
cessity shall be in force and effect
from and after its final passage,
adoption, approval and publication as
by law provided and when the cost
in connection therewith has been
nail by a;rantee herein and when
the terms hereof are accepted by
grantee herein which acceptance shall
be endorsed hereon.
Passed upon tirst reading this 31st
day of Iamiary A. D., 1949.
Passed upon final reading this 7th
day oY February A. D.. 194A.
FRANK VAN DUEL:6IAN
Manor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
ATTEST: J. J. SHEA
City Clerk
ACCEPTANCE OF ORDINANCE
N0, 2-49
St. Clara College having full
knowledge and understanding of al]
the terms and conditions of Ordi•
Hance No. 2-49 hereby accepts the
same as passed and agrees to com-
ply wibh all the terms and condi-
tions thereof.
Executed this 12th day of Feb-
ruary, 1949.
ST, CLARA COLLEGE.
By ELLEN COUGHLIN,
(Sister Mary Samuel),
President.
By MARY FITZGERALD,
(Sister M. De Ricci)
Secretary.
Published officially in the Tele•
graph•Herald newspaper this 17th
day of February, 1949.
J. J. SHEA,
City Clerk.
it-Feb.17
Councilman Thompson moved
the adoption of the ordinance. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen .Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 3.49. An Ordin-
ance amending "Traffic Code" of
the City of Dubuque by extending
12th Street Boulevard and by es-
tablishing parking regulations on
12th Street between White and
Central, said ordinance having
been passed upon first reading on
January 31st, 1949, and ordered
placed on file with the City Clerk
for public inspection for at least
one week before itA final adop-
tion, was presented for final adop-
tion.
ORDINANCE N0. 3.49
An Ordinance amending "TRAFFIC
CODE" of the City of Dubuque by
extending 12th Street boulevard and
by establishing parking regulations
on 12th Street between White and
Central.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE:
Sec. 1. That the "Traffic Code"
of the City of Dubuque as amended,
be ~md the same is hereby amendeJ
as follows:
BY striking from Ordinance No.
14.45, An Amendment to the "Traffic
Cade" the following:
"0. 12 Street from Main Street
to Elm Street." and 'substituting
therefor:
"0. 12th Street from Locust Street
to Elm Street"
Zg Regular Session, February 7th, 1949
Sea 2. That the "Traffic Code" of
the City of Dubuque, as amemled, be
amended as follows: by adding after
Subdivision "n." Section 4, Ordinance
No. 20-47, the following:
"o. Bath sides of 12th Street from
White Street to Central Avenue."
Sec. 3. This ordinance shall be in
force and effect ten days from and
after its final passage, adoption, and
publication as ny law provided.
Passed upon first reading this 31st
day of January, 1949.
Passed, adopted and approved upon
final reading this 7th day of February,
1949.
FRANK VAN DUELIIAN
Mayor.
F. w. TxoMPSON
GEC. R. MURPHY
ALBERT wHARTON
4V. w. MOFFATT
Councilman
Attest: J. J. SHEA, City Clerk.
Published officially in The Tele-
graph-Herald newspaper this loth
day of February, 1949.
J. J. SHEA.
City Clerk.
Councilman Moffatt moved the
adoption of the ordinance. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 5, 1949.
To the Honorable Mayor and
City Council. ,Dubuque, Iowa.
Gentlemen: At a special meet-
ing of the City Council of the City
01 Dubuque, Iowa held on January
13, 1949, a motion was adopted
referring to me for investigation
and report the matter of restrict-
ing parking to one side of Rhom•
berg Avenue from the Chicago
Great Western Railroad Tracks to
Marshall Street.
I find the following conditions
existent on Rhomberg Avenue: On
the southeasterly side of Rhom-
berg Avenue there are three gro-
cery stores, one school and one
tavern; on the northwesterly aide
of Rhomberg Avenue there are sia
grocery stores, four taverns, two
drug stores, two gasoline stations,
one barber shop and one shoe re-
pair shop.
There are useable alleys in the
rear of the abutting property on
both sides of Rhomberg Avenue
from Kniest Street to Marshall
Street. Rhomberg Avenue be-
tween the curbs at the Chicago
Great Western Railroad Tracks is
34 feet 4 inches in width; at Staf•
ford Avenue 34 feet 4 inches in
width; at Marshall Street 35 feet
4 inches in width. At Marshall
Street Rhomberg Avenue widens
out considerably in the northeaster-
ly direction.
There is a high accident prone
area involving moving vehicles
The same is true in hit and run
cases involving properly p a r k e d
cars being side swiped. Rhomberg
Avenue is an Interstate bus route.
It is a U. S. Highway leading into
Wisconsin and points of greatinter-
est in the City of Dubuque.
A number of business people
were interviewed. All agreed that
traffic conditions were bad on
Rhomberg Avenue. They atso re-
gistered objections to complete re•
striction, stating complete restric•
tion would harm their business.
It is my opinion that moving
traffic on Rhomberg Avenue is
great enough to be placed in the
catagory of first consideraion. The
business establishments should fall
next in line.
In view of my findings and giv-
ing consideration to both vehicu-
lar traffic and business interests,
I herewith submit the following
recommendation:
That parking on the southeast-
erly side of Rhomberg Avenue
Prom the Chicago Great Western
Railroad Tracks to Marshall Street
be restricted not to exceed fif•
teen (15) minutes.
It is my opinion this will afford
greater accessability to the busi-
ness houses and eliminate the con•
gestion caused by long time park-
ing resulting in benefits to taffic
conditions and business as well.
Respectfully submitted,
CHIEF JOS. H. STRUB,
Polic Department
Councilman Thompson moved
that the recommendation of Chief
of Police Strub be approved and
the proper proceedings ordered
prepared. Seconded by Council•
man Murphy. Carried by the fol-
lowing vote:
Yeas -Mayor 1'an Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 4, 1949.
Honorable Mayor and Members
J
i
~, (3
~~ ~i~'~(~;x
~, .
Regular Session, February nth, 1949 29
of the City Council of the City
of Dubuque, Iowa
Gentlemen: In Re: Petition of
Mary Frances Brandt for Suspen-
sion or Remission of taxes on ac-
count of age ar infirmity on South
1~2 of Lot 162, East Dubuque Ad-
dition, City of Dubuque, Iowa.
I recommend that the petition
be approved and notification of the
approval thereof by the City Coun-
cil be given to the Board of Su-
pervisors of Dubuque County,
I owa.
Yours truly,
John J. Kintzinger
City Solicitor.
Councilman Thompson moved
that the recommendation of City
Solicitor Kinztinger be approved
and the Board of Supervisors to
be notified of the action of the
City Council. Seconded by Coun-
cilman Murphy, Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 4, 1949
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
Key City Gas Company 669 Main
Street; Bond No. 735673, The Fi•
delity & Casualty Co. of N. Y,
Louis Buechel, 2230 Central Av-
enue; Bond No. 30418, Fidelity &
Deposit Co.
Respectfully submitted,
A. A. Rhomberg,
City Manager
Councilman Thompson moved
that the bonds be approved and
placed on file. Seconded by Coun•
Gilman Moffatt. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
February 4, 1949. ',
Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: The 1929 S n o g o
used in snow removal work is in
urgent need of replacement.
I recommend that sealed bids
be solicited from manufacturers
or their agents for the furnishing
of one blower type of snow re•
moval machine capable of blowing
snow the full width of roadways
as well as able to load snow into
trucks,
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 7, 1949.
Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: At the Council
Meeting held January 31, the City
Manager and Chief of Police were
requested to furnish date and in-
formation as to whether or not the
Police Department can be operat•
ed under the present setup on a
forty hour work week and that
said report be presented to the
Council at its next meeting. In
compliance with such request, the
following report is presented.
The budget for the current fis-
cal year, which began April 1, 1948,
and will end March 31, 1949, was
adopted by an ordinance of the
Citq Council on March 19, 1948
and appropriated $135,824.20 for
the Police Department of which
:$125,149.20 was appropriated for
the payment of salaries o1 44 mem•
hers of the Department, which in-
cludes two policewomen. At pre•
sent there are forty-two in the De-
partment, one recent recruit hav-
ing resigned on February 5th after
having started in the Fire depart-
ment prior to being on the Police
Department. The Civil Service eli-
gible list is exhausted and a new
list will not be available until af-
ter eaaminations are held in April,
3o Regular Session, February 7th, 1949
The present working arrange
went on a forty-eight hour, six
day work week is as follows: Shift
from 4 a.m. to 12 noon-eight men
including one captain, one sergeant
one detective and one police court
clerk with four patrolmen. Shift
from 12 Noon to 8 p.m.-eight men
including one Captain, one ser-
geant, one man at the Violations
Desi:, one foot patrolman and four ',
men assigned to prowl cars. Shift
from 8 p.m, to 4 a.m.-eighteen
men including one captain, one
sergeant six men in prowl cars
and ten patrolmen on foot.
The following special details are
also operated: Shift from 9 a.m.
to 5 p.m.-two men an three•wheel
motorcycles for the regulation of
parking. Two shifts, one From 10
a.m. to 6 p.m. and another from
6 p.m. to 2 a.m.-two men on each
shift for accident investigation.
It is evident that a given number
of people working a forty hour,
five day work week will make
available 1~6 less total man hours
of police work than the present
system of a forty-eight hour, six
day work week. This would re-
sult in less service to the public.
Since there has been a continu-
ing demand for more police ser-
vice in our growing community,
we would hesitate to recommend
anything that would diminish such
service and we take leave to point
out the other alternative.
To maintain the same amount
of police service as at present
with a forty hour, five day work
week, an additional six men, one
additional car and one additional
three•whee] motorcycle would be
required at a probable increased
cost to the Police Department of
about $20,000.00 per year.
A. A. RHOMBERG,
City Manager.
J. H. STRUB
Chief of Police.
Councilman Thompson moved
that the communication of City
Manager Rhomberg and Chief of
Police Strub be referred to the
Council. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Wharton moved that-
the City Manager and Chief of
Police be instructed to submit a
recommendation to the City Coun-
cil or. the matter of a 40 hour work-
week for the Police Department.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 7th, 1949
Mr. A. A. Rhomberg,
City Manager and City Council,
Dubuque, Iowa
Gentleman: Attached is a copy
of the United States Public Health
Service Code regulating eating and
drinking establishments.
We feel that there is a definite
need for regulating the eating plac-
es in the city which will be for
the betterment of the health of
the community.
We submit this code to the City
Council for their consideration and
we hope that it will meet with
your approval and be adopted.
Yours truly,
ALBERT J, ENTRINGER, MD
Director of Health,
Health Department,
Dubuque, Iowa
Councilman Murphy moved that
the communication of Health Di-
rector Entringer together with
the Service Code be referred to
the City Council. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 15.49.
Wheras, a Petition has been filed
with the City Council asking that
the premises at 2108 North Main
Street be rezoned so as to con-
vert the building located on said
premises into a multiple dwelling;
and
Whereas, said Petition was duly
referred to the Planning and Zon-
1 " ,
;;,
~' i 6
I
Regular Session, February 7th, 1948 31
ing Commission of Dubuque for
investigation and report; and
Whereas said Planning and Zon•
ing commission has filed its report,
and
Whereas, before the zoning map
and zoning ordinance of the City
of Dubuque may be changed, it is
necessary that a public hearing
be held theron; and
Whereas, the City Council deems
it advisable to hold such public
hearing.
NOW, therefore, be it resolved
by the City Caunctl of the City
of Dubuque:
That there should be a public
hearing on the question of rezoning
from Two Family to Multiple Res-
idence classification the following
described property located in the
City of Dubuque:
"From a point at the center
line of Kaufmann Avenue one
hundred feet westerly of the west
line of Central Avenue; thence
westerly along the center line of
Kaufmann Avenue to a point one
hundred feet westerly of the west
line of North Main Street; thence
southeasterly along a line one hun-
dred feet westerly and parallel to
North Main Street to the southerly
line of Lot Forty-eight Marsh's
Addition; thence easterly .along
the southerly line of Lat Forty-
eight Marsh's Addition t o and
across North Main Street to and
easterly along the southerly line
of Lot Twenty-two and Lot Nine
Marsh's Addition to and across
Heeb Street to and easterly along
the southeriy line of Lot Faur
L. H. Langworthy's Addition to a
point one hundred feet westerly of
of Central Avenue where same
intersects the present business dis-
trict."
That the time and place for said
public hearing be, and the same
is hereby fixed for 7:30 o'clock
p.m., on the 2Sth day of February,
1949, in the City Council Chamber,
Gity Hall, Dubnque, Iowa; that the
City Clerk be, and he is hereby
directed to cause to be published
in the Telegraph Herald, the of•
ficial newspaper in the City of
Dubuque, notice of such hearing,
the same to be so published so
as to leave not less than 15 days
between the day of such publica-
tion and the day fixed for said
hearing, and that said notice shall
contain among other things, the
provision that any and all parties
in interest and any and all citi-
zens shall have an opportunity to
object and be heard.
Passed, adopted and approved
this 7th day of February, 1949.
FRANK VAN DUELMAN
Maycr
F. W. THOMPSON
GEC. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Thompson, Car
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 16.49
Be it resolved by the City Coun-
cil of the City of Dubuque that
the following, having complied
with the provisions of law relat-
ing to the sale of cigarettes with-
in the city of Dubnque, 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.
Orland C. Driscoll and Kermit
Meyers; 244 West First Street
Melville L. Donovan; 2528 Cen-
tral Avenue.
Be it further resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
this 7th day of February, 1949,
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
Gity Clerk.
Councilman Thompson moved
the adoption of the resolution.
I
i
32 Regular Session, February qth, 1949
Seconded by Councilman Moffatt. I
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen, Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. t749
Whereas, applcatfons 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
Orland C. Driscoll and .Kermit
Meyers; 244 West First Street.
CLASS "C" PERMIT
Nicholas J. Kopp; 253 East 21st
Street.
Passed, adopted and approved
this 7th day of February, 1949.
FRANK VAN DUELMAN.
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Attest: J, d. SHEA I
CITY CLERK.
Councilman Moffatt moved the '
adoption of the resolution. Sec•I,
onded by Councilman Murphy. Car
ried by the fallowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, • M u r p h y,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 1&49.
Whereas, heretofore applications
for Beer Permits were filed bq the
within named applicants and they
Gave received-the approval of this
Council; and
Whereas, the premises to be oc•
copied by such applicants have
been inspected and found to com-
ply with the ordinances of this
City and they have filed a proper
bond; Now, therefore,
Be it resolved bq the Council
of the City of Dubuque that the
Manager be and he is hereby di•
rected to issue to the following
named applicants a Beer Permlt.
CLASS "B" PERMIT
Orland C. Driscoll and Kermit
Meyers; 244 West First Street
CLASS "C" PERMIT
Nicholas J. Kopp; 253 East 21st
Street
Be it further resolved that the
bonds filed by such applicants be
and the same are herby approved.
Passed, adopted and approved
this 7th day of February, 1949.
FRANK VAN DUELMAN
Mayor.
y F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J, J. SHEA
City Glerk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Wharton. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0, 19.49
Preliminary approval of propos•
ed plans, specifications, form of
contract, plat and schedule and
all other documents for the im•
provement of Tressa Street from
the east property ine of Esther
Street to the west property line of
McLenan Street, estimated cost $7,-
113.67, presented and read. Council-
man Wharton moved the adoption
of the resolution. Seconded b y
Councilman Murphy. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 2449
Whereas, proposed plans, speci•
fication, form oY contract, plat and
schedule have been duly prepared
and approved by the City Coun•
cil 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.
1
I
G,,:
Regular Session, February qth, 1949 33
3. The width at 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 there
of which is estimated to be as•
sessed against each lot, Yor the
improvement o1 Tressa Street from
the east property line of Esther
Street to the west property line
of McLenan Street.
`~r
k, i;
Be it therefore resolved that the
City Council on its own motion
or upon petition of property own•
ers, deems it advixable and necea•
nary for the public welfare to make
the herein mentioned improvement,
and unless property owners at the
time of the final consideraton of
this proposed resolution have on
file with the City Clerk objections
to the amount of the porposed
assessments, they shall be deemed
to hav waived all objections there-
to.
Said improvement shall be con•
strutted 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 improvements 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 whe•
then the same abuts thereon or ie
adjacent thereto according to area
and in. proportion to the special
benefits conferred therby, and any
deficiency shall be paid out of the
general fund, improvement funds
ar sewer funds, or partly out of
each of such funds. Bonds shall
be issued and sold in anticipation
of deferred payments of assess-
ments when a contract has been
performed and accepted and the
proceeds thereof used to pay the
contractor.
The above resolution was intro-
duced, approved and ordered plat-
ed on file with the City Clerk
this 7th day of February, 1949.
FRANK VAN DUELMAN.
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA.
City Clerk.
Counc[lman Moffatt moved that
the resolution be approved and
placed on file for flnal action.
Seconded by Councilman Whar-
ton. Carried by the following vote.
Yeas -Mayor Van Duelman,
Councilmen, Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
RESOLUTION N0. 21.49.
Whereas the City Council of the
City of Dubuque, Iowa, has by
Resolution No. 19.49 given its pre-
liminary approval on the propos•
ed plans specifications and form
of contract and placed same on
file in the office of the City Clerk
for public inspection, for the im•
provement of Tressa Street from
the east property line of Esther
Street to the west property line
of McLenan Street and,
Whereas, the proposed Resolu-
tion of Necessity for said improve-
ment has been introduced and is
now in the Cfty Clerk's office for
public inspection,
Be it therefore resolved that
on the 28th day of February 1949,
a public hearing will be held at
7:30 p.m. in the Council Chamber
o[ the City of Dubuque at which
time the owners of property sub•
jest to assessment for the pro•
posed improvement may appear
and make abjection 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 Resolution of Necessity
and the City Clerk be and he is
hereby directed to cause a notice
of the time and place of ouch
34 Regular Session, February nth, Ig49
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 objectons and enter on
record its final decision theron.
Passed, adopted and approved
this 7th day of February 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest J. J. SHEA
City Clerk
Councilman Thompson moved
the adoption of the resolution, Se-
conded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 22.49
Preliminary approval of propos-
ed plans, specifications, from of
contract, plat and schedule and all
other documents for the improve-
ment of Esther Street from the
south curb line of Mt. Loretta
Avenue to the north curb line of
Tressa Street, estimated cost $3,-
1)<4.30, presented and read. Coun-
cilman Wharton moved the adop-
tion of the resolution. Seconded
by Councilman Moffatt. Carried
by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, M u r p h q,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 2319
Whereas, proposed plans, speci-
fications, farm of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of 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 porpased improvement, stating
the same for each different type
of construction and kind of materi•
al to be used.
6. In each case the amount there
of which is estimated to be as-
sessed against each lot, for the
improvement of Esther Street from
the South curb line of Mt. Loretta
Avenue to the north curb line of
Tressa Street.
Be it therefore resolved that the
City Council on its own motion
or upon petition of property own-
ers, deems it advisable and neces•
sary for the public welfare to make
the herein mentioned improvement,
and unless property owners at the
time of the final consideration of
this proposed resolution have on
file with the City Clerk objections
to the amount of the proposed
assessments, they shall be deemed
to have waived all objections there-
to.
Said imrpovement 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 assesed 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 genera] fund,
improvement funds or sewer fund,
or partly out of each of such funds.
# `..
a,
i.
i
}i";
~, c.
Regular Session, February yth, 1949 35
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 re•
solution was introduced, approved
and ordered placed on file with
the City Clerk this 7th day of
February, 1949.
Approved:
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk
Councilman Thompson moved
that the resolution be approved
and placed on file for final action.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 2449
Whereas, the City Council of the
City of Dubuque, Iowa, has by
Resolution No. 22.49 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, far the im-
provement of Esther Street from
the south curb line of Mt. Loretta
Avenue to the north curb line of
Tressa 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 2Sth day of February 1949, 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 propos-
ed 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 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 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
assessment, they shall have been
deemed to have waived all ob•
jections thereto, at which hearing
the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved,
this 7th day of February, 1949.
FRANK VAN DUELMAN
F, W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk
Councilman Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Murphy. Car-
ried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 25.49
Preliminary approval of propos-
ed plans, specificatons, form of
contract, plat and schedule and
all other documents for the im-
provement of Valleyview R o a d
from the west property line of
B4orningview Road to the east pro-
perty line of Avalon Road, estimat-
ed cost $3,226.13, presented and
read. Councilman Murphy moved
the adoption of the resolution. Sea
onned by Councilman Wharton.
Carried by the following vote:
Yeas. - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
36 Regular Session, February qth, 1948
RESOLUTION N0. 26.49
Whereas, proposed plans, speei-
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-
ent.
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 materi-
al 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 Valleyview Raad
from the west property line of
Morningview Road to the east pro-
perty line of Avalon Road.
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 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 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-
tc according to area and in pro-
portiou to the special benefits con-
ferred thereby, and any deficiency
shall be paid out of the genera!
fund, improvement funds or sew-
er funds, or partly out of each of
such finds. 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, approved and ordered plac-
ed an file with the City Clerk this
7th day of February, 1949.
Approved:
FRANK VAN DUELMAN
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MCFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
that the resolution be approved
and placed on file for final action.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas- Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 27.49
Whereas, the City Council of
Dubuque, Iowa, has by Resolution
No. 25.49 given its preliminary
approval on the proposed plans
specifications and form of contract
and placed same on Yile in the
office of the City Clerk for public
inspection, for the improvement
of Valleyview Road from the west
property 1 i n e of Morningview
Road to the east property line of
Avalon Road 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 28th day of February, 1949, a
public hearing will be held at 7:30
o'clock P.M. in the Council Cham-
ber in the City oP Dubuque at
which time the owners of property
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i
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11
Regular Session, February 7th, 1949 37
subject to assessment far the pro-
posed improvement may appear
and make objection to the pro-
posed plans and specifications and
proposed Yorm 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 cty 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 re-
solution have on file with the with
Clerk objections to the amount of
the proposed assessment they
shall have been deemed to have
waived al] objections therto, at
which hearng the Council will
hear such objections and enter on
record its final decision there on.
Passed and adopted and approv-
ed this 7th day of February, 1949,
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Attest: J. J, SHEA
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Second•
ed ny Councilman Moffatt. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 28.49
Preliminary approval of propos•
ed plans, specifications, form of
contract, plat and schedule and
all other documents for the im•
provement of Broadlawn Road from
the south property line of Asbury
Road to the north property line of
Hillcrest Road, estimated cost $6,-
713.23, presented and read. Council-
man Thompson moved the adoption
of the resolution. Seconded b y
Ceuncilman Wharton. Carried by
the following vote:
Yeas- Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 29.49.
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 ]ot proposed to be as-
sessed together with a valuation
fxed 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 materi-
al 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 Broadlawn Road
from the south property line of
Asbury Road to the north proper-
ty line of Hiilcrest Road.
Be it therefore resolved that the
City Counci] on its own motion
or upon petiton 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 oY the final
consideration of this proposed re•
solution have on file with the City
Clerk objection to the amout 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 wth
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
~1
38 Regular Session, February 7th, 1949
against all privately owned pro
perty lying within assessable dis•
fonts 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 therto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the general fund,
improvement funds or sewer funds,
or partly out of each of such funds.
Bonds shall be issued and sold in
antcipation 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-
doted, approved and ordered pla~-
ed on file with the City Clerk this
7th day of February, 1949.
Approved:
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Ceuncilman Moffatt moved that
the resolution be approved and
placed on file for final acton. Sec-
onded by Councilman Murphy. Car•
Tied by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 3a49
Whereas, the City Councl of the
City of Dubuque, Iowa, has by
Resolution No. 28-49 given i t s
preliminary approval on the pro•
posed plans specifications and form
of contract and placed same on
fife in the office of the City Clerk
for public inspection for the im-
provement of Broadlawn Road from
the south, property line of Asbury
Road to the north property line of
Hilicrest Road and,
Whereas, the proposed Resolu-
tion of Necessity far 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 2Sth day of February, 1949,
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
'subleGt to assessment for the
proposed improvement may appear
and make objection to the propos•
ed plans and specifcations 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 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
mare than four (4) weeks prior to
the day fixed for its consideration
and unless property owners at the
time of final consideration of said
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 re-
hear such objections and enter on
record its foal decison thereon.
Passed, adopted and approved
this 7th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen,
Attest: J. J. SHEA
City CJlerk.
Councilman Murphy moved the
adoption of the resolution. Sec•
owned by Councilman Thompson.
Carried by the followng vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 31.49
Preliminary approval of propos-
ed plans, specifications, form of
contract, plat and schedule and all
other documents for the improve-
ment of Hilicrest Road from the
west property line of Asbury Road
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Regular Session, February 7th, 1949 39
to the east property line of Ava-
lon Road, estimated cost $7,955.29,
presented and read.
Councilman Thompson moved the
adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen, Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 32.49
WHEREAS, proposed p 1 a n s,
specifications, form of c o n t r a c t,
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 construction and kind oP materi-
al 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 Hilicrest Road
from the west property line of
Asbury Road to the east property
line of Avalon Road.
BE IT THEREFORE RESOLV•
ED that the City Council on its
own motion or upon petiton of
property owners, deems it advis•
able and necessary far the public
welfare to make the herein men•
tinned 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•
strutted 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
agaiust all privately owned pro•
perty lying within assessable dis•
fonts provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto
according to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the general fund,
improvement funds or sewer funds
or partly out of each of such funds.
Bonds shall be issued and sold
in anticipation of deferred pay
menu 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-
doted, approved and ordered plat-
ed on file with the City Clerk
this 7th day of February, 1949.
Approved:
FRANK VAN DUELMAN
Mayor
F, W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Thompson moved
that, the resolution be approved
and placed on file for final action.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 33.49
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 31.49 given its pre•
liminary approval on the proposed
plans specifications and form cY
contract and placed same on file
in the office of the City Clerk
far public inspection, for the im•
provement of Hilicrest Road from
4o Regular Session, February 7th, 1949
the west property line of Asbury
Road to the west property line of
Avalon Road.
And, WHEREAS, the proposed
Resolution of Necessity for said im-
provement has been introduced,
and is now on file in the City
Clerk's office for public inspec-
tion.
BE IT THEREFORE RESOLV•
ED that on the 28th day of Feb-
ruary, 1949, 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 improvement may
appear and make objection to the
proposed plans and speciYications
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 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 u n l e s s
property owners at the time of
final consideration of said resolu•
lion have on file with the Clerk
objections to the amount of pro-
posed assessment, they shall have
been deemed to have waived ail
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 day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Murphy moved the
adoption of the resolution. Second-
I ed by Councilman Wharton. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Mu r p h y,
'hhompson, Wharton.
Nays-None
RESOLUTION NO. 3449
Preliminary approval of propos•
ed plans, specifications, form of
contract, plat and schedule and
all other documents for the im-
provement of Ogilby Road Yrom
the south property line of Asbury
Road to the north property line
of Hillcrest Road, estimated cost
$5,085.48, presented and read.
Councilman Moffatt moved t h e
adoption of the resolution. Second-
ed by Councilman Wharton. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 35.49
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre•
pared and approved by the City
Council of the City of Dubuque
and are now on Yile in the office
of the City Clerk showing among
other things the following:
1. The boundries of the district,
it 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, stating
the same for each different type
of construction and kind of ma-
terial to be used.
6. In each case the amount
therof which is estimated to be
assessed against each lot, for the
improvement of Ogilby Road from
the south property line of Asbury
Road to the north property line
of Hillcrest Road.
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
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Regular Session, February 7th, 1949 41
make the herein m e n t i o n e d im•
provement and unless p r o p e r t y
owners at the time of the final
consideration of this propose d
resolution have on file with the
City Clerk objections t o t h e
amount of the proposed asses s-
ments, they shall be deemed to
have waived all objections thereto
Yeas - Mayor Van Duelman,
Councilmen, MoYfatt, Murphy,
Thompson, Wharton.
Nays-None.
r Said improvement shall be con-
stru~ted 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
~j the City Clerk. That the cost and
expense oY making said improve-
ment will be assessed upon and
~ against all privately owned pro-
` party lying within assessable dis•
lance provided by law and in an
amount not to exceed t h e
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 defi-
ciency shall be paid out of the
general fund, improvement funds
or sewer funds, or partly out of
each of said funds. Improvement
bands shall be issued and sold in
t anticipation of deferred payments
~ of assessments when a contract
has been performed and accepted
I and the proceeds thereof used to
pay the contractor.
The above resolution was intro~
l doted, approved and ordered plac-
ed on file with the City Clerk
this 7th day of February, 1949.
Approved and placed on file for
final action.
Approved:
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
~ W. W. MOFFATT
Councilmen.
RESOLUTION N0. 36.49
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No., 34.49 given its pre-
liminary approval on the proposed
plans speciYications and form of
contract and placed same on file
in the office of the City Clerk
for public inspection, for the im-
provement of Ogilby Road from the
south property line of Asbury Road
to the north property line of Hill•
crest Road
Attest: J. J. Shea,
City Clerk.
Councilman Thompson moved
that the resolution be approved
" and placed on file for final action.
Seconded by Councilman Moffatt.
Carried by the following vote:
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And WHEREAS, the proposed
Resoiution of Necessity for said
improvement has been introduced
and is now o^ file in the City
Clerk's office for public inspection,
BE IT THEREFORE RESOLV-
ED, that on the 28th day of
February, 1949, 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
oY the proposed district, to the
cost aP the improvement, to the
amount proposed to be assess-
ed against any lot and to the
passage of the proposed Resolu•
lion of Necessity and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place oY 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 Yixed far 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•
seasmenta, they shall have been
deemed to have waived all obje~~
lions thereto, at which hearing the
Council will hear such objections
and enter on record its final de-
cision thereon.
4a Regular Session, February 7th, 1949
Passed, adopted and approved on
this 7th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None,
RESOLUTION N0. 37.49
Preliminary approval o f pro-
posed plane, specifications, form
of contract, plat and schedule and
all other documents for the im•
provement of Avalon Road from
the south property line of Asbury
Road to the north property line
of Hillcrest Road, estimated cost
$4,765.82, presented and read,
Councilman Murphy, moved t h e
adoption of the resolution. Second-
ed by Councilman Moffatt. Carried
by the Following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 38.49
WHEREAS, proposed plan s
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque and
are now on file in the office of the
City Clerk showing among other
things the following:
1. The 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 coat 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•
seased against each lot, for the
improvement of Avalon Road from
the south property line of Asbury
Road to the north property line
of Hillcrest Road.
BE IT THEREFORE RESOLV•
ED that the City Council on its
own motion or upon petition
of property owners, deems it
advisable and necessary far the
public welfare to make the here-
in 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 deem-
ed to have waived all objections
thereto.
Said improvement shall be con•
strutted and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cast
and expense of making said 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 thereto
according to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the general fund,
improvement funds or sewer funds.
or partly out of each of said funds.
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 therof
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 oY February, 1949.
Approved. and placed on file far
final action.
~~
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~., k
Regular Session, l
Approved:
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
that the resolution be approved
and placed on Pile for final action.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, M n r p h y,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 39.49
WHEREAS, the City Council of
Dubuque, Iowa, has by Resolution
No. 37.49 .given its preliminary
approval on the proposed plans
specifications and Yorm of contract
and placed same on file in the
office of the City Clerk for public
inspection, for the improvement
of Avalon Road from the south
property line of Asbury Road to
the north property line of Hillcrest
Road,
And, WHEREAS, 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 28th day of Feb-
ruary, 1949, a public hearing will
be held at 7:30 o'clock P.M. in
the Council Chamber i n the
City of Dubuque at w h i c h
time the owners of p r o p e r t y
subject to assessment for the pro-
posed improvement may appear
and make objection to the propos• I
ed plans and specifications ands'
proposed form of contract and at l''
the same time to the boundaries '
of the proposed district, to the I
cost of the improvement, to the ~'
amount proposed to be assessed ~'I
againt 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
ebruary qth, 1949 43
city of Dubuque, the last oY 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 Yinal consideration
of said resolution have on file
with the Clerk objections to the
I amount of the proposed asgess•
went, they shall have been deem-
ed to have waived all objections
thereto, at which hearing the Coun•
cil will hear such objections and
enter on record its final decision
thereon.
Passed, adopted and approved
this 7th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk
Councilman Wharton moved the
adoption of the resolution. Sec-
onded by Councilman Murphy. Car
ried by the following vote: Yeae-
Mayor Van Duelman, Councilmen
Moffatt, Murphy, Thompson, Whar-
ton,
Nays-None.
RESOLUTION N0. 4449
Preliminary approval of propos-
ed plans, specifications, form of
contract, plat and schedule and
all other documents ....................
for the constriction of sani-
tary sewers and appurtenances in
what is known as the Bradley
Street Sewer District as delimit-
ed by Ordinance No. 23.48.
The improvement shall consist
of the construction of an eight (8)
inch sanitary sewer, lift station
and six (6) inch cast iron force
main far the Bradley Street Sew-
er District. The eight (8) inch
sewer line begins at the lift sta-
tion located on the center line oY
the alley first south of Bradley
Street 227 feet westerly of the
west line of Henderson Street and
proceeds easterly along the center
line of said alley to a point op-
posite the line between lots num-
bered 14 and 15 of Biock 9 of
Grandview Park; also an eight (8)
44 Regular Session, February qth, 1949
inch sanitary sewer beginning at
said lift station and proceeding
northerly across lot number 6 of
Block 10 of Grandview Park along
a line five feet westerly from the
parallel to the easterly line of
said lot to manhole number 4 at
the center of Bradley Street;
thence westerly along the center
line of Bradley Street to a point
opposite the center line of lot 47
of Grandview Place; also an eight
(8) inch sanitary sewer from man-
hole number 4 northerly a dis-
tance of 10 feet; thence easterly
in Bradley Street along a line 9
feet south of and parallel to the
northerly line of Bradley Street to
a point apposite the line between
lots numbered 22 and 23 of Block
3 of Grandivew Park. The six (6)
inch cast iron force main begins
at the lift station and proceeds
easterly along the alley first south
of Bradley Street to a point in
Henderson Street 15 feet west of
the east line of said street; thence
northerly in Henderson Street to
the existing sanitary sewer in
Grandview Avenue; also an eight
(8) inch vitrified sewer pipe over-
flow line begins at said lift sta-
tion and proceeds in a southerly
direction across portions of lots
numbered 22, 23, 24 and 2b of
Block 10 of Grandview Park
across vacated Perry Street and
continuing across a portion of lots
numbered 8, 9, and 10 of Block
11 of Grandview Park, across the
vacated alley between Blocks 11
and 17 of Grandview Park and con-
tinuing across a portion of Block
17 of Grandview Park to its term-
inal point at a distance of 532 feet
from said lift station.
Estimated cost $31,279.90, pre-
vented and read.
Councilman Wharton moved the
adoption of the resolution. Sec-
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 41--49
WHEREAS, proposed p 1 a n s,
specifications, farm of c o n t r a c `.,
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. Size and kind of sewers.
3. Each lost proposed to be as•
sessed together with a valuation
fixed by the council.
4. An estimate of the cost of
the proposed improvement, stating
the same far each different type
of construction and kind of ma-
terial to be used.
5. In each case the amount there-
of which is estimated to be as•
sessed against each lot, for the
construction of sanitary sewers and
appurtenances in what is known as
the Bradley Street Sewer District
as delimited by Ordinance No, 23
-48.
The improvement shall consist of
the construction of an eight {8)
inch sanitary sewer, lift station
and six (0) inch cast iron force
main for the Bradley Street Sewer
District. The eight (8) inch sew-
er line begins at the lift station
located on the center line oY the
alley first south oP Bradley Street
227 feet westerly of the west line
of Henderson Street and proceeds
easterly along the center line of
said alley to a point opposite the
line between lots numbered 14 and
15 of Block 9 of Grandview Park;
also an eight (8) inch sanitary
sewer beginning at said lift sta-
tion and proceeding northerly
across lot number 0 of Block 10
of Grandview Park along a line
five feet westerly from and para-
llel io the easterly line of said lot
to manhole number 4 at the cen-
ter of Bradley Street; thence west-
erly along the center line of Brad•
ley Street to a point opposite the
center line of lot 47 of Grand-
view Place; also an eight (8) inch
sanitary sewer from manhole num-
ber 4 northerly a distance of 16
feet; thence easterly in Bradley
Street along a line 9 feet south
of and parallel to the northerly
line of Bradley Street .to a point
1;;
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Regular Session, February qth, 1949 45
opposite the line between 1 o t s
numbered 22 and 23 of Block 3
of Grandview Park. The six (8)
inch cast iron force main begins
at the lift station and proceeds
easterly along the alley first south
of Bradley Street to a point in
Henderson Street 15 feet west of
the east line of said street; thence
northerly in Henderson Street to
the existing sanitary sewer in
Grandview Avenue; also an eight
(8) inch vitrified sewer pipe ov-
erflow line begins at said lift sta-
tion and proceeds in a southerly
direction across portions of lots
numbered 22, 23, 24 and 25 of
Block 10 of Grandview Pard across
vacated Perry Street and contin•
uing across a portion of lots num-
bered 8, 9, and 10 oP Block 11
of Grandview Park, across the va-
cated alley between Blocks 11 and
17 of Grandview Park and continu-
ing across a portion of Block 17
of Grandview Park to its termin-
al point at a distance of 532 feet
from said lift station,
BE IT THEREFORE RE50LV-
ED that the City Council on
its own motion or upon petition
of property owners, deems it ad•
visable and necessary for t h e
public welfare to make the herein
mentioned improvement, and un•
less 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 asses s-
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 specification
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 coat and
expense of making said improve-
ment will be assessed upon and
against al] privately owned pro•
perty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac•
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the general fund,
improvement funds or sewer funds,
or partly out of each of said
funds. Improvement 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 plac-
ed on file with the City Clerk
this 7th day of February, 1949.
Approved and placed on file Yor
final action.
Approved:
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Wharton moved that
the resolution be approved and
placed on file for final action. Sec-
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 42.49
WHEREAS, the City Council of
the City of Dubnque, Iowa, has by
Resolution No. 40.49 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 con•
struction of sanitary sewers and
appurtenances in what is known as
the Bradley Street Sewer District
as delimited by Ordinance No. 23
-48.
The improvement shall consist
of the construction of as eight
(3) inch sanitary sewer, lift sta•
lion and six (8) inch cast iron
force main far the Bradley Street
Sewer District. The eight (8) inch
sewer line begins at the lift sta-
tion ' ~cated on the center line of
46 Regular Session, February 7th, 1949
the alley first south of Bradley
Street 227 test westerly of the
west line of Henderson Street and
proceeds easterly along the cen-
ter line of said alley to a point
opposite the line between lots num-
bered 14 and lb of Block 9 0[
Grandview Park; also an eight
(8) inch sanitary sewer beginning
at said lift station and proceeding
northerly across lot number 6 of
Block 10 of Grandview Park along
a line Pius feet westerly from
and parallel to the easterly line
of said lot to manhole number 4
at the center. of Bradley Street;
thence westerly along the center
line of Bradley Street to a point
opposite the center line of lot 47 of
Grandview Place; also an eight (8)
inch sanitary sewer Yrom manhole
number 4 northerly a distance of
16 teat; thence easterly a dis-
tance of 16 feet; thence easterly
in Bradley Street along a line 9
feet south of and parallel to the
northerly line of Bradley Street to
a point opposite the line between
lots numbered 22 and 23 oY Block
3 of Grandview Park. The six (6)
inch cast iron force main begins
at the lift station and proceeds
easterly along the alley Yirst south
of Bradley Street to a point in
Henderson Street 15 feet west of
the east line of said street; thence
northerly in Henderson Street to
the existing sanitary sewer i n
Grandview Avenue; also an eight
(8) inch vitrified sewer pipe over-
flow line begins at said lift station
and proceeds in a southerly direc-
tion across portions of lots num-
bered 22, 23, 24 and 25 of Block
10 of Grandview Park, across va-
cated Perry Street and continu-
ing across a portion oP lots num-
bered 8, 9, and 10 of Black 11 oP
Grandview Park, across the vacat-
ed alley between Blocks 11 and
17 of Grandview Park and continu-
ing across a portion of Block 17
of Grandview Park to its terminal
point at a distance oY 532 feet
Prom said lift station,
And, WHEREAS, 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 28th day of February,
1949, 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 proper-
ty subject to assessment for the
proposed improvement may appear
and make objection to the propos•
ed plan and specifications and pro-
posed farm 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 Necessi-
ty and the City Clerk be and he
is hereby directed to cause a na
tics of the time and place of ouch
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 re•
solution have on file with the
Clerk objections to the amount of
the proposed assessment, the y
shall have been deemed to have
waived all objections therto, at
which hearing the Council w i 11
hear such objections and enter on
record its final decision thereon.
Passed, adopted and approved
this 7th day of February, 1949.
FRANK VAN DUELMAN
Mayor
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, M u r p h t',
Thompson, Wharton.
Nays-None.
There being no further business
Councilman Thompson moved to
adjourn. Seconded by Councilman
Moffatt, Carried by the fallowing
vote:
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Regular Session, February 7th, 1949 47
Yeas -Mayor Van Duelman,
Councilman, Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
J. J. SHEA.
City Clerk.
Approved ............................. 1949.
Adopted ............................. 1949.
48 Speaal Session, February a8th, 1949
City Council
(Official)
Special Session, February 28th,
1949,
Council met at 7:30 P.M.
Present -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton. City Mana•
ger Rhomberg.
Meeting called by order of Caun•
cilmEn Murphy and Thompson.
Mayor Van Duelman read the
call and stated that service there-
of had been duly made and that
this meeting is called for the pur•
pose of conducting a public hear-
ing upon various street and aew•
er improvements, also for conaid•
Bring the bids received for the
construction of The Dubuque Mu•
nicipal Airport Access Road and
for the furnishing of snow removal
apparatus and acting an any oth•
er business as may properly come
before a regular meeting of the
City Council.
Proof of publication, certified to
by the publishers, of notice of
hearing upon the plans and spe•
cificatione, form of contract and
cost of improvement for the im•
proving of Tressa Street from
the East property line of Esther
Street to the West property line
of McLenan Street, presented and
read. Councilman Thompson moved
that the proof of publication be re•
ceived and filed. Seconded by
Councilman Murphy. C a r r i e d by
the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication certified to
by the publishers, of notice o[
pendency of resolution of neces-
sity and hearing upon proposed
plans and specifications, form of
contract and cost of improvement
for the improving of Tressa Street
from the East property line of Es•
Cher Street to the West property
line of McLenan Street, presented
and read. Councilman Wharton
moved that the proof of publica-
tion be received and filed. Sec•
~ onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
Councilman Wharton moved that
the rules be suspended for the
purpose of allowing any one pre•
sent in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Council-
man Moffatt. Carried by the fol•
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of Edward D. Walker
et al submitting written protest
to the proposal to build curbs and
gutters on Tressa Street and on
Esther Street on the basis of the
high estimated cost, presented and
read. Mrs. Robert McCarron et al
addressed the Council objecting to
the proposed improvement of Tres•
sa and Esther Streets. Mr. H. L.
Poole et al addressed the Coun•
cil iu. support of the proposed im•
provements of Tressa and Esther
Streets. Councilman W h a r t o n
moved that the petition be re•
ceived and Tiled. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None,
(Decision of Council upon ob•
jections to plans, specifications,
form of contract and coat of im•
provements.)
RESOLUTION fVO. 4349
WHEREAS, proposed plans and
specifications and form of con•
tract Yor the improvement of Tres•
sa Street from the east property
line of Esther Street to the west
property line of McLenan Street
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, 1946, pertaining to public
contracts and bonds, and the time
and place fixed for the hearing cf
all objections to said plans, apeci•
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~~~~`~~,
Special Session, February z8th, 1849 49
fications of contract for the cost
of such improvements, said time
being this 28th day of February,
1949; and
WHEREAS, the City Council met
in Special session this 28th day
of February, 1949, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall far the purpose oP
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 coat of the improve-
ment herein described and propos-
ed 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 describ•
ed and proposed to be made, be
and the same are hereby overruled
and such plans, specifications and
form of contract heretofore a p-
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution, containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of contract for or cost of
said improvement be made a
matter of permanent record i n
connection with said improvement.
Passed, adopted and approved
this 28th day of February, 1949,
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J, SHEA
City Clerk.
Councilman Murphy moved that
the resolution be adopted. S e c•
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 20-149
(Necessity for Improvement}
WHEREAS, proposed plans spec-
ifications, form of contract, plat
and schedule have been duly pre•
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The 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 mateei•
al to be used.
6. In each case the amount there-
of which is estimated to be as•
sessed against each lot, far the im•
provement of Tressa Street from
the east property line of Esther
Street to the west property line of
McLenan Street
BE IT THEREFORE RESOLVED
that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the herein men•
tinned improvement, and unless
property owners at the time of the
final consideration of this pro•
posed resolution have on file with
the City Clerk objections to the
amount of the proposed as~ess~
menu, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con•
strutted 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 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
So Special Session, February 28th, 1949
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the general fund,
improvement funds or sewer funds
or partly out of each of said
funds. Bonds shall be used 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 above resolution waa intro-
doted, approved and ordered plac-
ed on file with the City Clerk
this 7th day of February, 1949.
The foregoing resolution was
finally passed and adopted, as pro
posed, by the City Council this
28th dap of February, 1849.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Ordering Construction)
RESOLUTION N0. 44.49
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant ~o
a resolution of necessity No.
20.49 which was duly passe d
by this Council, for the improve•
went of Tressa Street from the
east property line of Esther Street
to the west property line of Mc-
Lenaa Street be and the same
are hereby ordered and construct•
ed by this Council upon its own
motion with or without the peti-
tion of property owners. All the
work shall be constructed in ac•
cordance with the plans and speci-
fications heretofore adopted and
now on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments again-
st the privately owned property ly-
ing 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•
went, ar sewer funds of the city,
or partly from each oP such
funds. Payment wilt be made to
the contractor out of funds realiz-
ed from the sale of bonds to be
issued in anticipation of deferred
payments of assessments as pro-
vided by law after the work has
been completed and accepted by
the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he la
hereby ordered and directed to
advertise for proposals for the con-
struction oY the various improve•
menu herein provided by Iaw, the
said improvements shall be com-
pleted on or before 30 calendar
days after date of contract.
BE IT FURTHER RESOLVED
that this resolution being dewed ur•
gent and of immediate necessity
shall be in force and effect from
and a.Pter its passage and adoption
by the City Council.
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Attest: J. J. SHEA
City Clerk. '
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas -Mayor Van Dueiman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
r
Special. Session, February 28th, 1949 51
Proof of publication, certified
to by the publishers, of notice oY
hearing upon the plans and speci-
ficatians,form of contract and cost
of improvement for the improving
of Esther Street from the south
curb line of Mt. Loretta Avenue
to the north curb line of Tressa
Street, presented and read. Coun-
cilman Wharton moved that the
proof of publicatio^ be received
and filed. Seconded by Council•
man Murphy. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice oY
pendency of resolution of necee-
sity and hearing upon proposed
plans and specifications, form of
contract and coat of improvement
for the improving of father Street
from the south curb line of Mt.
Loretta Avenue to the north curb
line of Tressa Streets, presented
and read. Councilman Murphy
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Moffatt. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Decision of Council upon ob•
jections to plans specifications,
form of contract and cost of im•
provements.)
RESOLUTION N0. 45.49
WHEREAS, proposed plans and
specifications and form of contract
for the improvement of Esther
Street from the south curb line of
Mt. Loretta Avenue to the north
curb line of Tressa 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,
1946, pertaining to public contracts
and bonds, and the time and place
fixed for the hearing oP all objec-
tions to said plans, specifications
or contract for or cost of such im-
provements, said time being this
28th day of February, 1949; and
WHEREAS, the City Council met
in Specia] session this 28th day of
February, 1949, at 7:30 o'clock P.
M. at the Council Chambers in the
City Hall for the purpose of hear-
ing all interested parties and con-
sidering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and pro-
posed to be made; and
WHEREAS, ali interested parties
have been given an opportunity to
by heard and all objections which
have been filed have been duly
weighed and considered; now,
therefore
BE IT RESOLVED by the Gity
Council of the City of Dubuque,
that all objections which have been
made and filed 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 all
objections which have been filed to
tj}e plans, specifications and form
of coutract for or cost of said im•
provement be made a matter of per-
manent record in connection with
said improvement,
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J, SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution, Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy ,
Thompson, Wharton.
Nays-None.
i
i
i
52 Special Session, F
(Necessity for Improvement)
RESOLUTION N0. 23~F9
WHEREAS, proposed p 1 a n s,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque and
are now on file in the office of
the City Clerk showing among oth-
er things the following:
1. The boundries of the district,
if any.
2. The streets tc be improved.
3. The width of such improve-
ment.
4. Each lot proposed to be as•
sassed 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 materi•
al to be used.
6. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
improvement of Esther Street from
the south curb line of Mt. Loreb
to Avenue to the north curb line
of Tressa Street
BE IT THEREFORE RESOLV-
ED that the Clty Council on its own
motion or upon petition of proper-
ty owners, deems it advisable and
necessary for the public welfare to
make the herein mentioned im-
provement, and unless property
owners at the time of the final con•
sideration of this proposed resolu-
tion have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived all
objections thereto.
Said improvement s h a 11 be
constructed and done in accord-
ance with the plans and specifi-
cations 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 up-
on and against all privately owned
property lying within assessable
distauce provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed tivhether the same abuts
28th, 1949
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the general fund,
improvement funds or sewer funds
or partly out of each of said funds.
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-
duced, approved and ordered plac-
ed on file with the City Clerk
this 7th -day of February, 1949.
The foregoing resolution was
finally passed and adopted, as pro-
posed, by the City Council this
28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Murphy. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Ordering Construction)
RESOLUTION N0. 46.49
BE IT RESOLVED BY THE
CITY COUNCIL OF DUBUQUE
that pursuant to a resolution of
necessity No. 23.49 which was
duly passed by this Council for the
improvement of Esther Street from
the south curb line of Mt. Loretta
Avenue to the north curb line of
Tressa 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 hereto-
fore adapted and now on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
t
~,
i`
i
~:
1
4
Special Session, February 28th, 1949 53
said improvements be paid for be
levying 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 general, improvement, or sew-
er 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 a n d
accepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad•
vertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on o;• before 30 calendar days after
date of contract.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shah be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Counci]men.
Attest J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Ir'ays -None.
Proof of publication, certified to
by the publishers, of notice of hear-
ing upon the plans and specifica-
tions, form of contract and coat oY
improvement for the improving of
Valleyview Road from the west
.property line of Morningview Road
to the east property line of Ava-
lon Road, presented and read.
Councilman Moffatt moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen, Moffatt, M p r p h y,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice of
pendency of resolution of neces-
sity and hearing upon proposed
plans and specifications, form cf
contract and cost of improvement
for the improving of Valleyview
Road from the west property line
of Morningview Road to the east
property line of Avalon Road, pre-
sented and read. Councilman
Thompson moved that the proof
of publication be received and fil-
ed. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Decision of Council upon ob-
jections to plane, specifications,
form ofcontract and cost of im-
provements.)
RESOLUTION N0. 47.49
WHEREAS, proposed plans and
specifications and form of con-
tract for the improvement of Val-
leyview Road from the west pro-
party line of Morningview Aoad to
the east property line of Avalon
Road have been approved by the
Citp Council of the City of Du-
buque and public notice given as
provided by Chapter 391 of the
Code of Iowa, 1946, pertaining to
public contracts and bonds, and
the time and place fixed for the
hearing of all objections to said
plans, specifications or contract for
or cost of such improvements, said
time being this 28th day of Feb•
ruary, 1949; and
WHEREAS, the City Council met
in Special session this 28th day of
February, 1949, at 7:30 o'clock P.
-~
I
54 Special Session, February 28th, 1949
M. at the Council Chambers in
the City Hall for the purpose of
hearing al] 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 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, spe-
cifications and contract for or cast
of said improvement herein de•
scribed and proposed to be made,
be and the same are hereby over-
ruled and suoh plans, specifications
and form of contract heretofore ap•
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed to
the plans, specifications and form
of contract for or cost of said im•
provement be made a matter of
permanent record in connection
with said improvement.
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second•
ed by Councilman Wharton. Car-
ried by the fallowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 261}9
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre•
pared and approved by the City
Council of the City of Dubuque and
are uow on file in the office of the
~~~~~ ..
~ I ii liiiiiiii ~~ I C~ I ~~
City Clerk showing among other
things the following:
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 oY
the proposed improvement, stating
the same for each different type
of construction and kind of materi-
al to be used.
6, In each case the amount
thereof which is estimated to be
assessed against each lot, for the
improvement of Valleyveiw Road
from the west property line of
Morningview Road to the east pro-
perty line of Avalon Road.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of proper-
ty owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im•
pravement and unless property
owners at the time of the final
consideration oY this proposed res-
olution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shah be deemed to have waived
all objections thereto.
Said improvement shall be con•
strutted and done in accordance
with the plans and specification
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 whe-
ther the same abuts thereon or
is adjacent thereto according to
area and in proportion to the spe•
cial benefits conferred thereby,
and any deficiency shall be paid
out. of the general fund, improve-
ment funds or sewer funds, or
partly out of each of said funds.
Bonds shall be issued and sold in
Special Session, February 28th, 1949 55
4
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 7th day of February, 1949.
The foregoing resolution was fin•
ally passed and adopted, as pro-
posed, by the City Council this
28th day of February, 1949.
FRANK VAN DUELMAN
Mayor.
F. W, THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
~. W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec•
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Mo[fatt, Murphy,
Thompson, Wharton.
Nays-None.
(Ordering Construction)
RESOLUTION N0. 481}9
P~~_
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to
a resolution of necessity No. 26•
49 which was duly passed by
this Council, f o r the improvement
of Valleyview Road from the west
property line of Morningview to
the east property line oP Avalon
Road be and the same are here-
be ordered and constructed by this
Council upon its own motion and
with or without the petition of
property owners. All the work
shalt be constructed in accord-
ance with the plans and specifica•
tions heretofore adapted and now
on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privately owned property lying
within the assessable distance of
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 pay-
ments of assessments as provided
by law after the work has been
completed and accepted by the City
Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad-
vertise for proposals for, the con-
struction of the various improve-
ments herein provided for in the
manner provided by ]aw, the said
improvements shall be completed
on or before 21 calendar days after
date of contract.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
be the City Council.
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Sec•
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas - Mayor Van Duelman,
Ceuncilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice of hear-
ing upon plans and specifications,
form of contract and cost oY im-
provement for the improving of
Broadlawn Road from the south
property line of Asbury Road to
the north property line of Hill-
crest Road, presented and read,
Councilman Moffatt moved that
the proof of publication be received
56 Special Session, February 28th, 1949
and filed. Seconded by
man Thompson. Carried
following vote:
Yeas -Mayor Van Du eman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice of pend-
ency of resolution of necessity and
hearing upon proposed plans and
specifications, form of contract and
cost of improvement for the im•
proving of Broadlawn Road, pre-
sented and read.
Councilman Murphy moved that
the proof of publication be received
and filed. Seconded by Councilman
Wharton.. Carried by the following
vote:
Yeas - Mapor Van Duelman ,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Decision of Council upon objec-
tions to plans, specifications, form
of contract and cost of improve-
ments.)
RESOLUTION N0. 49.49
WHEREAS, proposed plans and
specifications and form of contract
for the improvement of Broadlawn
Roaa from the south property line
of Asbury Road to the north pro-
party line of Hillcrest Road have
been approved by the City Coun•
cil of the City of Dubuque and pub-
lic notice given as provided by
Chapter 391 of the Code of Iowa,
1946, pertaining to public contracts
and bonds, and the time and place
fixed for the hearing of ail ob-
jections to said plans, specifica•
lions or contract for or cost of such
improvements, said time being this
28th day of February, 1949; and
WHERAS, the City Council met
in Special session this 28th day of
February, 1949, 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 tiled 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
Council• I be heard and all objections which
by the ~ have been filed have been duly
weighed and considered, now,
1 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 descirbed
and proposed to be made, be and
the same are hereby overruled
and such plans, specification
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
heretofore approved are hereby ad-
opted.
Be it further resolved that this
resolution containing the decision
of this Council upon all objections
which have been Piled 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 23th day of February, 1949.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEC. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 29 49
Whereas, proposed plans, speci-
fications, form of contract, plat
and schedule have bean duly pre•
pared and approved by the City
r
Special Session, February a8th, 1949 57
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 baundries 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•
sassed together with a valuation
fixed by the council.
6. 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 Broadlawn Road
from the south property ine of As.
bury Road to the north property
line of Hillcrest Road.
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition of
property owners, deems it advis-
able and necessary for the public
welfare to make the h e r e i n
mentioned improvement, and un-
less property owners at the time
of the final consideration of this
proposed resolution have on file
with the -City Clark objections to
the amount of the proposed assess-
ments, they shall be deemed to
have waived all objections there-
to.
Said improvement shall be con•
strutted and done in accordance
with the plane 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 al] privately owned pro-
party lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the general fund,
improvement funds or sewer fund
or partly out of each of said funds.
Improvement bands shall be is-
sued and sold in anticipation of
deferred payments of assessments
when a contract has been per-
formed and accepted and the pro-
ceeds thereof used to pay the con-
tractor.
The above resolution was intro•
doted, approved and ordered plac-
ed on file with the City Clerk
this ith day of February, 1949.
The foregoing resolution was fin-
ally passed and adopted, as pro•
posed, by the City Council this 28th
day of February, 1949.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Murphy, Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Ordering Construction)
RESOLUTION N0. 5(W9
Be It Resolved by the City Coun-
cil of the City of Dubuque that
pursuant to a resolution of neces-
sity No. 29.49 which was duly
passed by this CouncB, for the
improvement of Broadlawn Road
from the south property line
of Asbury Road to the north pro•
party line of Hillcrest Road 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 specificatons hereto-
fore adopted and now on file is
the office of the City Clerk.
Be It Further Resolved that the
cost and expense of the said im•
58 Special Session, February 28th, 1949
provements be paid far by levying
special assessments against the
privately owned property lying
within the assessable d i s t a n c e
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 genera], 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
antic;pation 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
City Clerk be and he is hereby
ordered and directed to advertise
for proposals far the construction
of the various improvements here-
in provided for in the manner pro-
vided by law, the said improve-
ments shall be completed on or be-
fore 30 calendar days after date
of contract.
Be It Further Resolved that the
resolution being deemed urgent and
of immediate necessity shall be
in farce and effect from and after
its passage and adoptio^ by the
City Council.
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON.
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J, SHEA
City Clerk
Councilman Moffatt moved the
adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publicaton, certified to
by the publishers, of notice of
hearing upon the plans and speci•
fications,form of contract and cost
of improvement for the improving
of .Hillcrest Road from the west
property line of Asbury Road to
the east property line of Avalon
Road, presented and read. Coun-
cilman Thompson moved that the
proof of publication be received
and filed. Seconded by Council-
man Wharton, Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice of pen-
dency of resolution of necessity
and hearing upon proposed plans
and specifications, form of con•
tract and cost of improvement for
the improving of Hillcrest Road
from the west property line of As•
burp Road to the east property
line of Avalon Road. Councilman
Murphy moved that the proof of
publication be received and filed.
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Decision of Council upon objec-
tions to plans, specifications, form
of contract and cost of improve-
ments.)
RESOLUTION N0. 51.49
Whereas, proposed plans and
specifications and form of contract
for the improvement of Hillcrest
Road from the west property line
of Asbury Road to the east pro-
perty line of Avalon Road have
been approved by the City Council
of the City of Dubuque and public
notice given as provided by Chap-
ter 391 of the Code of Iowa, 1946,
pertaining to public contracts and
bonds, and the time and place
fixed for the hearing of all ob-
jections to said plans, specifica-
tions or contract for or cost of
such improvements, said time be-
ing this 28th day of February, 1949;
And Whereas, the City Council
met in special session thip 28th day
~~
Special Session, February 28th, 1949 59
of February, 1949 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 object-
tions which have been Piled to the
proposed plans, specifications or
contract 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 made and filed have
been 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 cast 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 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON qa qa
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 32.49
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 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 far each different type
of construction and kind of ma•
terial tc be used.
6. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
improvement of Hillcrest Road
from the west property line of
Asbury Raad to the east property
tine of Avalon Road.
Be It Therefore Resolved that
the City Council on its own motion
or upon petition of property own•
ers, deems it advisable and neces-
sary for the public welfare to make
the herein mentioned improvement
and unless property owners at the
time of the final consideration of
this proposed resolution have on
file with the City Clerk objections
to the amount of the proposed as-
sessments, they shall be deemed
to have waived all objections 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 cast
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
60 Special Session, February 28th, 1949
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 Fonda,
improvement funds or sewer funds,
or partly out of each of said funds.
Improvement bonds shall be is•
sued and sold in anticipation of
deferred payments of assessments
when a contract has been p e r
formed and accepted and the pro
ceeds thereof used to pay the con-
tractor.
The above resolution and intro-
doted, approved and ordered plac-
ed on Piled with the City Clerk
this ith day of February, 1949.
The foregoing resolution was fin-
ally passed and adopted, as pro-
posed, by the City Council this
28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas -Mayor Van Daelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Ordering Construction)
FIESOLUTLON N0: 52.49
Be It Resolved By The City Coun-
ci'1 of the City of Dubuque that pur•
suant to a resolution of necessity
No. 32<49~ which was duly passed
by this Council, for the improve-
ment of Hillcrest Road from the
west property line of Asbury Road
to the east property line of Ava-
lon Road be and the same are
hereby ordered and constructed by
tlis. Council upon its own motion
and with or without the petition.
of property owners. 911 the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file is the afflQe 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 snch
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 sew-
er 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 ]aR after
the work bas 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
Yor proposals for the construction
of the various improvements
herein provided for in the manner
provided by law, the said improve-
ments shall be completed on or
before 3a calendar days after
date of contract.
Be It Further Resolved that this
resolution being deemd urgent and
of immediate necessity shall be
in force sad effect from and after
its passage and adoption by the
City Council.
Passed, adopted and approved
this. 28th day of February, 1949.
FRANI£ VAN DUELMAN
Mayor.
F. W. TF1~4aMFSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Wharton moved the
adoption of the resolution. 5econd-
ed by Councilman Moffatt. Car-
ried by the following vote:
Yeas -Mayor Van Daelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-Nose.
Proof of publication, certified to
by the publishers, of notice of hear-
ing upon the plans and specifica-
tions, farm oY contract and cost of
Special Session, February 28th, 1949 61
improvement for the improving ai
Ogilby Road from the south pro-
pe~ty line of Aebnrp Road to the
north property line of Hillcrest
Road, presented and read. Coun-
cilman Murphy moved that the
proof of publication be received
and filed. Seconded by Council-
, man Wharton. Carried by the fol•
lowing vote:
Yeas -Mayor Van Daelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
Proof of publication, certified to
by the publishers, of notice of
penaency of resolution of necessity
and hearing upon proposed plans
1. and specifications, form of contract
and cost of improvement for the
improving of Ogilby Road from the
south property line of Asbury Road
to the north property line of Hill•
crest Road, presented and read.
Councilman Thompson moved that
the proof of publication be received
and filed. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas -Mayor Van Daelman,
Councilmen MoSatt, Murphy,
Thompson, Wharton.
Nays-None.
(Decision of Council upon objec-
tions to plans, specifications, form
of contract and cost of improve-
ments.)
~tESOLUTION NO. 53.49
Whereas, proposed pleas and
specifications, form of contract,
for the improvement of Ogflby
Road. from the a o n t h property
line of Asbury Road to the north
property line of 1iilkrest Road
~ 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, 1946, pertaining to public
contracts and bonds, and. the time
and place fixed for the hearing
of all objections to said plans,
specifications or contract far or
cost of such improvements, said
time being this 28th day of Felt
rusty, 1949; and
Whereas, the City Council met in
Special session this 28th of Fein
ruary, 1949,. at 7~an n~clock P.M.
'nt.
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 descirbed 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 betels described
and proposed to be made, be and
the same are hereby overruled and
snch plans, specifications and
form of contract heretofore ap-
proved are hereby adopted.
Be it further resolved that this
resolution containing the decision
of this Council upon all objections
which have been filed to the plans,
specifications, form of contract
for or cost of said improvement
be made a matter of permanent
record in connection with said im-
provement.
Passed, adapted and approved
this 29th dap of February, 1949.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Brttest: J. J. SHPA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the fallowing vote:
Yeas - Mayor Van Daelman,
Councilmen Moffatt, Murphy,
'Thompson, GVharton.
Nays-None.
(Necessity far Improvement)
RESOLUTION N0. 35.49
Whereas, proposed plans, speci•
fieatioas, form of contract, plat and
schedule have been duly prepared
62 Special Session, February 28th, 1949
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 cast o4
the proposed improvement, stating
the same for each diiterent 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 Ogilby Road from
the south property line of Asbury
Road to the north property line of
Hillcreat Road
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
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 Engineeer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cast and
expense of making said improve-
ment will be assessed upon and
against all privately owned pro-
perty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the general fund,
improvement funds or sewer funds,
or partly out of each of said funds.
Improvement bonds shall be issued
and sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and proceeds thereof
used to pay the contractor.
The above resolution wax intro-
duced, approved and ordered plac-
ed on file with the City Clerk this
7th day of February, 1949.
The foregoing resolution waa
finally passed and adopted, as pro-
posed, by the City Council this
28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk
Councilman Moffatt moved the
adoption of the resolution, Second-
ed by Councilman Murphy. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Ordering Construction)
Resolution No. 5449
Be It Resolved by the City Coun-
cil of the City of Dubuque that
pursuant to a resolution of neces-
sity No. 35-49 which was duly
passed by this Council, for the
improvement of Ogilby Road from
the south property line of Asbury
Road to the north property line
of Hillcreat Road be and the same
are hereby ordered and construct-
ed by this Council upon its own
motion and with or without the
petition of property owners. All
the word shall be constructed in
accordance 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 levy
ing special assessments against the
privately owned property lying
within the assessable distance
'=
1
t
Special Session, February 28th, 1949
63
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
contractor out of funds realized
from the sale of bonds to be
issued in anticipation oP deterred
payments of assessments as pro-
vided by law after the work has
been completed and accepted by
the City Council.
Be It Further Resolved that the
City Clerk be and is hereby or•
dered and directed to advertise
for proposals for the construction
oY the various improvements here-
in provided for in the manner pro-
vided by law, the said improve-
ments shall be completed on or
before 25 calendar days after the
date of contract.
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity shall
be in force and effect Prom and
after its passage and adoption by
this City Council.
Passed, adopted and approved
this 28th day February 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest : J. J. SHEA
City Clerk
Councilman Wharton moved the
adoption of the resolution. Second•
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice of
hearing upon the plans and speci-
fications, form of contract and coat
of improvement for the improving
of Avalon Road from the south
property line of Asbury Road to
the north property line of Hill-
creat Road, presented and read.
Councilman Thompson moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
Proof of publication, certified to
by the publishers, oY notice of
pendency of resolution of necessity
and hearing upon proposed plans
and specifications, form of eon-
tract and cast of improvement for
the improving of Avalon Road
from the south property line of
Asbury Road to the north property
line of Hillcreat Road, presented
and read. Councilman Moffatt
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Murphy. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Decision of Council upon ob-
jections to plans, specifications,
form of contract and cost of im-
provement.)
RESOLUTION N0. 55.49
Whereas, proposed plans and
specifications and Yorm of contract
for the improvement of Avalon
Road from the south property line
of Asbury Road to the north pro-
perty line of Hillcreat Road have
been approved by the City Coun-
cil of the City of Dubuque and pub-
lic notice given as provided by
Chapter 391 of the Code of Iowa,
1946, pertaining to the public con-
tracts and bands, 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 28th day oP February,
1949, and
Whereas, the City Council met in
Special Session this 28th day of
February, 1949, at 7:30 o'clock p.
m. at the Council Chambers in tfie
1
64
Special Session, February 28th, 1949
i. The boundries of the district,
ii any.
2. The streets to be improved.
3. The width of such improve•
meet.
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 oY Avalon Road from
the south property line of Asbury
Road to the north property line oY
Hillcrest Road
Be It Therefore Resolved that
the City Council on its own motion
or upon petition of property own•
ere, deems it advisable and neces-
sary Por the public welfare t o
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 be deemed to have waived
all objections thereto.
Said improvement shall be con•
strutted 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 an file with the
City Clerk. That the CDat and
expense of making said improve•
ment will be assessed upon and
against all privately owned pro-
perty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount.
provided by ]aw, property will be
assessed whether the same abuts
(Necessity for Improvement)
RESOLUTION N0. 38.49
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
which have been filed to the pro•
posed plans, specifications or con-
tract far 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•
ci] of the Ci~y of Dubuque, that
all objections which have been
made and filed to the plans, speci-
fications contract for or cost of
said improvement herein described
and proposed to be made, be and
the same are hereby overruled and
such plans, specifications and form
of contract heretofore approved are
hereby adopted.
Be It Further Resolved that this
resoiution containing the decision
of this Council upon all objections
which have been filed to the plans,
specifications and farm of contract
far or cost oP said improvement to
be made a matter of permanent
record in connection with said im-
provement.
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R, MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Thompson moved
the adoption of the r e s o l u t i o n.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
City Hall for the purpose of hear- ~ and are now on file in the office
ing all interested parties and con- oP the City Clerk showing among
sidering any and all objections I other things the following:
thereon or la adjacent therto ac-
cording to the area and in pro-
portion to the special benefits con•
(erred thereby, and any deficiency
shall be paid out of the genera]
fund, improvement funds or sew-
er funds, or partly out of each of
S
i
g:
~r ;
i
f:
t,
k
t
Special Session, February 28th, 1949 65
said funds. Improvement bonds
shall be issued and sold in antici-
pation of deferred payments of
assessments when a contract has
been performed and accepted and
the proceeds therof 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 February, 1949.
The foregoing resolution was
finally passed and adopted, as pro-
posed, by the City Council this
28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest J. J. SHEA
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas -Mayor Van Duelmaa,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Ordering Construction)
RESOLUTION N0, 56.49
Be It Resolved by the City Coun-
cil of the City of Dubuque that
pursuant to a resolution of neces-
sity No. 38.49 which was duly
passed by this Council, for the im-
provement of Avalon Road from
the south property line of Asbury
Road to the north property line of
Hillcrest Road be and the same
are hereby ordered and construct-
ed by this Council upon its own
motion and with or without the pe•
tjtion of property owners. All the
work shall be constructed in ac-
cordance with the plans and spe-
cifications heretofore adopted and
now on file in the office of the
City Clerk.
lle It Further Resolved that the
cost and expense of the said im-
provements be paid for by levying
specfai assessments against the
privately owned property lying
within the assessable distance
from the improvements, whether
such property abut upon the same
ar are adjacent thereto, according
to the area thereof and in pro-
portion to the special benefits con-
ferred, and any deficiency will be
paid out of the general, improve•
ment, or sewer funds oY 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 bands to be issued in
anticipation of deferred payments
pf assessments as provided by ]aw
after the work has been complet-
ed and accepted by the City Coun-
cil.
Be It Further Resolved that the
City Clerk be and he is hereby
ordered and directed to advertise
for proposals for the construction
oR the various improvements here-
in provided for in the manner pro
vided by law, the said improve-
ments shall be completed on or
before 25 calendar days after date
of contract.
Be It Further Resolved that this
resolution being deeuld urgent and
oY immediate necessity shall be in
force and effect from and after its
passage and adoption by the City
Council.
Passed, adopted and approved
this 28th day February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSQlu
GEO. R. MURPHY
Af.DERT WHARTON
R'• W. MOFFATT
Councilmen.
Attest: J. d.S HEA
City Clerk
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Moffatt. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt Murphy,
Thon•gson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice oP
hearing upon the plans and apeci-
fications,form of contract and cast
of improvement for the constric-
tion of sanitary sewers and appur-
tenances in what is known as the
,.i+
66 Special Session, February 28th, 1949
Bradley Street Sewer District as
delimited by Ordinance No. 23.48.
The improvement shall consist
of the construction oY an eight
(8) inch sanitary sewer, lift sta-
tion and six (6) inch cast iron
force main for the Bradley Street
Sewer District. The eight (8) inch
xewer line begins at the lift sta-
tion located on the center line
of the alley first south of Brad-
ley Street 227 feet westerly of
the west line oY Henderson Street
and proceeds easterly along the
center line of said alley to a point
opposite .the line, between lots
numbered 14 and 15 of Block 9
of Grandview Park; also an eight
(8) inch sanitary sewer beginning
at said lift station and proced-
ing northerly across lot number
6 of Block 10 oY Grandview Park
along a line five feet westerly
from and parallel to the easterly
line oY said lot to manhold num-
ber 4 at the center oY Bradley
Street; thence westerly along the
center line oY Bradley Street to
a point opposite the center line of
lot 47 of Grandview Place; also an
eight (8) inch sanitary sewer from
manhole number 4 northerly a dis•
tance of 16 feet; thence easterly
in Bradley Street along aline 9
feet south of and parallel to the
northerly line of Bradley Street to
a paint opposite the line between
lots numbered 22 and 23 of Black
3 of Grandview Park. The six (6)
inch cast iron force main begins
at the lift station and proceeds
easterly along the alley first south
of Bradley Street to a paint in Hen-
derson Street 15 feet west of the
east line of said street; thence
northerly in Henderson Street to
the existing sanitary sewer in
Grandview Avenue; also an eight
(8) inch vitrified sewer pipe over-
flow line begins at said lift sta•
tion and proceeds in a southerly
direction across portions of lots
numbered 22, 23, 24 and 25 oY Block
10 of Grandview Park, across va•
toted Perry Street and continuing
across a portion of lots numbered
8, 9, and 10 of Block 11 of Grand-
view Park, across the vacated al-
ley between Blocks it and 17 of
Grandview Park and continuing
across a portion of Block 17 of
Grandview Park to its terminal
point at a distance of 532 feet from
said lift station, presented and
read. Councilman Thompson mov-
ed that the proof oY publication
be received and filed. Seconded
by Councilman Murphy. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of ^otice of
pendency of resolution of necex-
sity and hearing upon proposed
plans and specifications, Yorm of
contract and cast of improvement
for the constriction oY sanitary
sewers and appurtenances in what
is known as the Bradley Street
Sewer District as delimited by Or•
dinance No. 23-48.
The improvement shall consist
of the construction of an eight (8)
inch sanitary sewer, lift station
and six (6) inch cast iron force
main for the Bradley Street Sewer
District. The eight (8) inch eew-
er line begins at the lift station
located on the center line of the
alley first south oY Bradley Street
227 feet westerly of the west line
of Henderson Street and proceeds
easterly along the center line oY
said alley to a paint opposite the
line between lots numbered 14 and
15 of Block 9 of Grandview Park;
also an eight (8) inch sanitary
sewer beginning at said lift sta-
tion and proceeding northerly
across lot number 6 of Block 10
of Grandview Park along aline
five feet westerly from and para-
llel to the easterly line of said lot
to manhole number 4 at the cen-
ter of Bradley Street; thence wes-
terly along the center line oY Brad-:
ley Street to a point opposite the
center line of lot 47 of Grandview
Place: also an eight (8) inch sani•
tart' sewer from manhole number
4 northerly a distance oY 16 feet;
thence easterly in Bradley Street
along a line 9 feet south of and
parallel to the northerly line of
Bradley Street to a point opposite
the line between lots numbered
22 and 23 of Block 3 of Grandview
Park, The six (6) inch cast iron
force main begins at the lift sta-
~;
1.1,
1f ~ ~=
w
i
Special Session, February z8th, 1949 6q
tion and proceeds easterly along
the alley first south oY Bradley
Street to a point in Henderson
Street lb feet west of the east
line of said street; thence north-
erly in Henderson Street to the
existing sanitary sewer in Grand•
view Avenue; also an eight (8)
inch vitrified sewer pipe overflow
line begins at said lift station and
proceeds in a southerly direction
across portions of lots numbered
22, 23, 24 and 25 of Block 10 of
Grandview Park, across vacated
Perry Street and continuing across
a portion oY lots numbered 8, 9,
and 10 of Block 11 of Grandview
Park, across the vacated alley be•
tween Blocks 11 and 17 of Grand•
view Park and continuing across a
portion of Block 17 of Grandview
Park to its terminal point at a
distance o1 532 feet from said lift
station, presented and read. Coun-
cilman Motfatt moved that the
proof of publication be received
and filed. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
To the City of Dubuque, and
and the Honorable Mayor and
City Council of said City
Gentlemen: We, the undersign- I,
ed, are the lawful owners of Lot
15, Whelan's Subdivision and Lots
15, 16, 17, 18 and Lot 45 in Grad•
view Place in the City of Dubuque
and do hereby protest and ob-
ject to the final adoption of Re-
solution No. 40.49 preliminary ap-
proval of Plans and Specifications,
plat and schedule and cost of im-
provement.known now as the Brad-
ley Street Sewer District as set
down in Resolution No. 41-49
known as Resolution of Necessity,
for the following reasons:
1. Because the proposed assess-
ment against Lot 15 in Whelan's
Subdivision is in excess oY $3.00
per linear front foot of sewer and
is not in accordance with Section
391.42 of the code of Iowa.
2. Because the proposed assess-
Anents against Lots 15, 16, 17, 18
and Lot 45 in Grandview Place,
which said lots are not going to
be served by the proposed sewer,
are being assessed in excess of
and benefits or benefits if any con-
ferred upon said lots in said pro-
posed improvements.
3. Because the proposed assess-
ments against Lots 15, 16, 17, 18
in Whelan's Subdivision and Lot
45 in Grandview Place are more
than provided by law.
4. Because it is proposed to as-
sess privately owned property in•
ciuding loot 15 in Whelan's Subdi•
vision and Lots 15, 16, 17, 18, and
Lot 45 in Grandview Place owned
by the undersigned, for such items
as repairing and replacing of pave-
ments, sidewalks, remo4ing trees,
etc., which are not such items as
may be properly assessed against
abutting or adjacent property.
5, Because an excessive arbitrary
valuation has been established
by the Council upon Lot 15
Wheian's Subdivision and Lots 15,
i6, 17, 18 and Lot 45 in Grand-
view Place and such valuation is
adopted as a sole basis for the pro•
posed assessments against the
same, instead of assessing abut-
ting property not to exceed $3.00
per ]inerar front foot of sewer as
provided by law.
6. Because the proposed as-
sessments against our property, as
described abe, are illegal., void, ex-
cessive, and inequitable for all the
reasons hereinabove set forth.
7. That this letter of ojbection
be made a matter oP record so
that in the event of district court
action to refrain the City of Du-
buque from collecting the propos•
ed assessments, this letter of ob-
jection of the Bradley Street Sew-
er District resolution shall be proof
that the City Mayor and City Coun-
cil of the City of Dubuque, Iowa
have been duly notified.
Dated at Dubuque, Iowa this 23rd
day of February, 1949.
Wm. F. Appel.
Belle L. Appel.
Councilman Murphy moved that
the petition be received and filed.
Seconded by Councilman Thomp•
6g Special Session, February 28th, 1949
son. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
446 Bradley Street
Dubuque, Iowa
February 28, 1949.
To the Honorable Mayor, City
Council, City Manager, and City
Clerk, of the City of Dubuque, Iowa
Gentlemen: I, the undersigned,
am the lawful owner of the North-
westerly 20 feet oY Lot 23, Lot 24,
and the Southeasterly 20 feet oY
Lot 25, oY Block 3 Grandview Park
Addition, in the City oY Dubuque,
and I wish to enter a protest
and hereby object to the final
adoption of resolution No. 40.49
preliminary approval of plans and
specifications, plat and schedule
of cost of improvement, known
now as the Bradley Street Sewer
District, and set down in resolution
No. 41.49, known as Resolution of
Necessity, for the following reason.
Because the proposed assess-
ment against the Northwesterly 20
feet of Lot 23, Lot 24 and the
Southeasterly 20 feet of Lot 25
in Block 3 Grandview Park Addi-
tion, in the city of Dubuque, is in
excess of the $3.00 per linear front
foot of sewer and is not in accord-
ance with Section No. 391.42, oY
the Code of Iowa.
Very respectfully yours,
Donald H. Head.
Councilman Murphy moved that
the petition be received and filed.
Seconded by Councilman Thomp•
son. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
450 Bradley Street
Dubuque, Iowa
February 28, 1949
To the Honorable Mayor, City
Council, City Manager, and City
Clerk, of the City of Dubuque, Iowa
Gentlemen: I, the undersigned,
am the lawful owner of the North-
westerly five feet of Lot 20, Lot
21, Lot 22, and the Southeasterly
five feet of Lot 23, Block 3, Grand-
view Park Addition, in the City
of Dubuque, and do hereby pro•
test and object to the final adop•
tion of resolution No. 40-49 prelim-
inary approval of plans and spe•
cifications, plat and schedule eY
cost of improvement, known now
as the Bradley Street Sewer Die•
trict, and set down in resolution
No. 41.49 known as Resolution
of Necessity, for the following rea-
son.
Because the proposed assess•
went against the Northwesterly
five feet oY Lot 20, Lot 21, Lot 22,
and the Southeasterly five feet of
Lot 23, Block 3, Grandview Park
Addition, in the City of Dubuque,
is in excess oY the $3.00 per line-
ar front Yoot of sewer and is not
in accordance with section No.
391.4'l, of the Code of Iowa.
Respectfully yours,
Frank R. Kerrigan.
Councilman Murphy moved that
the petition be received and filed.
Seconded by Councilman Thomp•
son. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None,
430 Bradley Street
Dubuque, Iowa
February 28, 1949
To the Honorable Mayor, City
Council, City Manager, and City
Clerk of the City of Dubuque, Iowa
Gentlemen: I, the undersign-
ed, am the lawful owner of the
Westerly five feet of Lat 25, Lot
26, Lot 27, and the Easterly five
feet of Lot 28, Block 3, Grand•
view Fark Addition, in the City of
Dubuque, and do hereby protest
and object to the final adoption
of resolution No. 40.49 preliminary
approval of plans and specifica-
tions, plat and schedule and cost
of improvement, known now as
the Bradley Street Sewer District,
and set down in resolution No. 41-
49, known as the Resolution of
Necessity, Yor the tollowing rea-
son.
Because the proposed assess-
ment against the Westerly five
feet oP Lot 25, Lot 26, Lot 27,
j~
i
Special Session, February 28th, 1949 69
and the Easterly five feet of Lot
28, Block 3, Grandview Park Ad-
dition, in the city of Dubuque, is
in excess of the $3.00 per linear
front foot of sewer and is not in
accurdance with section 391,42,
of the Code of Iowa.
Respectfully yours,
Emma L. Heller.
Councilman Murphy moved that
the petition be received and filed.
Seconded by Councilman Thomp•
son. Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
420 Bradley St.
Dubuque, Iowa
February 28, 1949
To the Honorable Mayor, City
Council, City Mlanager, and City
Clerk of the City of Dubuque, Iowa
Gentlemen: I, the undersigned,
am the lawful owner of Lots 28,
29, 30, 31, 32, 33 in Back 3 in
Grandview Park Addition to the Ci-
ty of Dubuque, and I wish to en-
ter a protest and hereby object
to the final adooption of resolu-
tion No. 40-49 peliminary approval
of plans and specifications, plat
and schedule of cost oY improve-
ment, known as the Bradley Street
Sewer District, and set dawn in
Resolution No, 41.49, known as
Resolution of Necessity, fo the fol-
lowing reasons.
Because the proposed assess-
ment against the Lots 28, 29, 30,
31, 32 and 33 in Block 3 in Grand-
view Park Addition to the City
of Dubuque, is in excess of the
$3.00 per linear front foot of sew-
er and is not in accordance with
Section No. 391,42, of the Cade of
Iowa.
Respectuully yours,
F, A. Nesler, Jr.
Councilman Murphy moved that
the petition be received and filed.
Seconded by Councilman Thomp-
son. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Decision of Council upon ob-
jections to plans, specifications,
form of contract and cost of im-
provements.)
RESOLUTION N0. 57-119
Whereas, proposed plans and
specifications and form of contract
for the construction of sanitary
sewers and appurtenances in what
is known as the Bradley Street
Sewer District as delimited by
Ordinance No. 23-48.
The improvement shall consist
of the construction. of an eight
(8) inch sanitary sewer, lift sta-
tion and six (6) inch cast iron
force main for the Bradley Street
Sewer District. The eight (8) inch
sewer line begins at the lift sta-
tion located on the center line
of the alley first south of Bradley
Street 227 Yeet westerly of the
west line of Henderson Street and
proceeds easterly along the center
line of said alley to a point op-
posite the line between Iota num•
bered 14 and 15 of Block 9 of
Grandview Park; also an eight
(8) inch sanitary sewer begin-
ning at said lift station and pro-
ceeding northerly across lot num-
ber 6 of Block 10 of Grandview
Park along a line five feet west-
erly from and parallel to the east-
erly line oY said lot to manhole
number 4 at the center of Brad-
ley Street; thence westerly along
the center line of Bradley Street
to a point opposite the center
line of lat 47 of Grandview Place:
also an eight (8) inch sanitary
sewer from manhole number 4
northerly a distance of 16 feet,
thence easterly in Bradley Street
along aline 9 feet south of and
parailel to the northerly line of
Bradley Street to a point opposite
the lme between lots numbered 22
and 23 oY Block 3 of Grandview
Park. The six (6) inch cast iron
force main begins at the lift station
and Proceeds easterly along the
alley first south of Bradley Street
to a point in Henderson Street 15
feet west of the east line of said
street; thence northerly in Hender-
son Street to the existing sanitary
sewer in Grandview Avenue; also
an eight (S) inch vitrified sewer
pipe overflow line begins at said
7o Special Session, February z8th, 1949
lift station and proceeds in a sou•
therly direction across portions of
lots numbered 22, 23, 24 and 25 of
Block 10 of Grandview Park, across
vacated Perry Street and continu-
ing across a portion of lots num-
bered 8, 9, and 10 of Block 11 oY
Grandview Park, across the vacat-
ed alley between Blocks 11 and 17
of Grandview Park and continuing
across a portion of Block 17 of
Grandview Park to its terminal
point at a distance of 532 Yeet
from said lift station have been
approved by the City Council of
the City of Dubuque and public
notice given as provided by Chap-
ter 391 of the Code of Iowa, 1946,
pertaining to public contracts and
bonds, and the time and place
fixed for the hearing of all ob-
jections to. said plans, apeciYica-
tions or contract Yor or cost oP
such improvements, said time be-
ing this 28th day of February,
1949; and
Whereas, the City Council met
in Special session this 28th daq
of February, 1949, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and pro-
posed to be made; and
Whereas, all interested parties
have bean 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 Caun•
ell 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 plans,
specifications and form of contract
Por or cost of said improvement
be made a matter of permanent
record in connection with said im•
provement.
Passed, adopted and approved
this 28th day oY February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Moftatt moved the
adoption of the resolution. Sec-
onded by Councilman Murphy. Car-
ried by the Following vote:
Yeas -Mayor Van Duelman,
Councilman Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 41.49
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 oY Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The boundries pf the district,
if any.
2. 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 oY
the proposed improvement, stating
the same for each different type
of construction and kind of materi-
al to be used.
5. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
constriction of sanitary sewers and
appurtenances in what is known as
the Bradley Street Sewer District
as delimited by Ordinance No. 23-
48.
The improvement shall consist
of the construction of an eight
(8) inch sanitary sewer, lift station
and six (6) inch cast iron force
main for the Bradley Street Sew-
er District. The eight (8) inch
sewer line begins at the lift ata-
vK;
II
~~
,~ ~u%
f,
Special Session, February z8th, 1949 71
tion located on the center line
of the alley First south oP Bradley
Street 227 Yeet westerly of the
west line of Henderson Street and
proceeds easterly along the cen-
ter line of said alley to a point
opposite the line between lots
numbered 14 and 15 of Block 9 oY
Grandview Park; also an eight
(8) inch sanitary sewer beginning
at said lift station and proceeding
northerly across lot number 6 of
Block 10 of Grandview Park along
a line Pive feet westerly from and
parallel to the easterly line of said
lot to manhole number 4 at the
center of Bradley Street; thence
westerly along the center line of
Bradley Street to a point opposite
the center line of lot 47 of Grand-
view Place; also an eight (8) inch
sanitary sewer Prom manhole num-
ber 4 northerly a distance of 16
feet; thence easterly in Bradley
Street along a line 9 feet south
of and parallel to the northerly
line of Bradley Street to a point
opposite the line between lots num-
bered 22 and 23 of Block 3 oY
Grandview Park. The six (6) inch
cast iron force main begins at the
lift station and proceeds easterly
along the alley first south of Brad-
ley Street to a point in Henderson
Street 16 feet west of the east
line of said street; thence north-
erly in Henderson Street to the
existing sanitary sewer in Grand-
view Avenue; also an eight (8)
inch vitrified sewer pipe overflow
line begins at said lift staton
and proceeds in a southerly direc-
tion across partona of lots num-
bered 22, 23, 24 and 25 of Block
10 of Grandvew Park, across va-
cated Perry Street and continuing
across a portion of lots numbered
8, 9, and 10 of Block 11 of Grand-
view Park, across the vacated al-
ley between Blocks 11 and 17 of
Grandview Park and continuing
across a portion of Block 17 of
Grandview Park to its terminal
paint at a distance oY 532 Peet
from said lift station.
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
improvement will be assessed upon
and against al] privately awned
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, and any deficiency shall
be paid out of the general fund,
improvement funds, or sewer funds,
or partly out of each of said funds.
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 there-
of 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 February, 1949. The
foregoing resolution was finally
passed and adopted, as proposed,
by the City Council this 28th day
of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Be it therefore resolved that the
City Council on its own motion or
upon petition of property own-
ers, deems it advisable and neces-
sary for the public welfare to make
the herein mentioned improvement
Councilman Thompson moved
the adoption of the resolution. SeG
onded by Councilman Wharton.
Carried by the following vote:
Yeas - Mayor Van Duelman,
7z Special Session, February a8th, 1949
Councilmen Moffatt, )1Q u r p h y,
Thompson, Wharton.
Nays-None.
(Ordering Construction)
RESOLUTION N0. 58-49
Be it resolved by the City Coun-
cil of the City of Dubuque that
pursuant to a resolution of neces-
sity No. 41-49 which was duly pass-
ed by this Council, for the cori-
struction oY sanitary sewers and
appurtenances in what is known
as the Bradley Street Sewer Dis-
trict as delimited by Ordinance
No 23.48.
The improvement shall consist
of the construction of an eight
(B) .inch sanitary sewer, lift sta-
tion and six (6) inch cast iron
force main for the Bradley Street
Sewer District. The eight (8)
inch sewer line begins at the lift
station located on the center line
oY the alley first south of Brad-
ley Street 227 feet westerly oY
the west line of Henderson Street
and proceeds easterly along the
center line of said alley to a point
opposite the line between lots num-
bered 14 and 15 of Block 9 of
Grandview Park; also an eight (8)
inch sanitary sewer beginning at
said lift station and proceeding
northerly across lot number 6 of
Block 10 of Grandview Park along
a line Yive feet westerly from and
parallel to the easterly line of said
lot to manhole number 4 at the
center of Bradley Street; thence
westerly along the center line of
Bradley Street to a point opposite
the center lie of lot 47 of Grand•
view Place; also an eight (8) inch
sanitary sewer from manhole num-
ber 4 northerly a distance of 16
feet; thence easterly in Bradley
Street along a line 9 feet south
of end parallel to the northerly
line of Bradley Street to a paint
opposite the line between lot a
numbered 22 and 23 of Block 3 of
Grandview Park, The six (6) inch
cast iron force main begins at the
lift station and proceeds easterly
along the alley first south of Brad•
ley Street to a Point in Hender-
sou Street 15 feet west thence
of the east Yfne of said street,
northerly in Henderson Street to
the existing sanitary sewer in
Grandview Avenue; also an eight
(8) inch vitrified sewer pipe
overflow line begins at said lift
station and proceeds in a souther-
ly direction across portions oY lots
numbered 22, 23, 24 and 25 of
Block 10 of Grandview Park, across
vacated Perry Street and contin-
uing across a portion of lots num-
bered 8, 9, and 10 of Block 11 bf
Grandview Park, across the vacated
alley between Blacks 11 and 17 oP
Grandview Park and continuing
across a portion of Block 17 of
Grandview Park to its terminal
point at a distance of 532 feet from
said lift station be and the same
are hereby ordered and construct-
ed by this Council upon its owe
motion and with or without the
petition of property owners. All
the work shall be constructed in
accordance 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 levy-
ing special assessments against the
privately owned property lying .
within the assessable distance from
the improvements, whether such
property abut upon the same or
are adjacent thereto, according to
the area thereof and in propor-
tion to the special benefits con-
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
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 Ci-
ty 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 Yor in the manner pro-
vided by law, the said improve-
ments shall be completed on or
before 90 calendar days after date
of contract.
Be it further resolved that this
resolution being deemed urgent
2
1
't:
x
'-
~~t~.
4
Special Session, February a8th, 1949 q3
and of immediate necessity shall
be in farce and effect from and
after its passage and adoption by
the City Council.
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Wharton moved the
adoption of the resolution. Sec..
owded by Councilman Moffatt. Car
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None
Proof of publication, certified to
by the publishers, oY notice of pub-
lic hearing upon the question of
rezoning from Two Family to Mul-
tiple Residence Classification the
following described property: Be•
ginning at a point at the center
line of Kaufmann Avenue 100 feet
westerly of the west line of Cen-
tral Avenue, thence westerly along
the center line of Kaufmann Av-
enue to a point 100 feet westerly
of the west line of North Main
Street, thence southeasterly along
a line 100 feet westerly and paral-
lel to North Main Street to the
southerly line of Lot 48 oP
Marsh's Additioe, thence easterly
along the southerly line of Lot 48
of Marsh's Addition to and across
North Main Street to and easterly
along the southerly line of Lot 22
and Lot 9 of Marsh's Addition to
and across Heeb Street to and east-
erly along the southerly line of
Lot 4 of L. H. Langworthy's Ad-
dition to a point 100 feet westerly
of Central Avenue where same In-
tersects the present business dIs-
trict, presented and read. Coun-
cilman Murphy moved that the
proof ~ publication be received
and filed. Seconded by Council-
man Thompson. Carried by the
following vote:
Yese -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 449.
An Ordinance amending and
changing the Zoning Map of the
City of Dubuque as provided by
Ordinance No. 3.34, designated,
"Zoning Ordinance of the City of
Dubuque" so as to change cer-
tain hereinafter described from
"Two Family Residence Classifica•
lion" to "Multiple Residence Clas-
sification" presented and read.
Councilman Thompson moved that
the reading just had been consid-
ered the first reading of the Or-
dinance. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the rules be suspended re-
quiring an ordinance to be read on
three separate days. Seconded by
Councilman Moffatt. Carried by
the Fallowing vote:
Yeas -Mayor Van Duelman,
Ceuncilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the ordinance be placed on
file with the City Clerk for public
inspection for at least one week
before its final adoption, Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of noice oY pub-
lic hearing upon the plans, speci-
Picatians, form of contract and cost
of improvement for the construe
lion of The Dubuque Municipal
Airport Access Road from High•
way No. U.S. 61, presented and
read. Councilman Murphy moved
that the proof of publication be
received and filed. Seconded by
74 Special Session, February 28th, 1949
Councilman Moffatt. Carried by
the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice of pen-
dency of resolution of necessity
and hearing upon proposed plans
and specifications, form of contract
and cost of improvement for the
construction of The Dubuque Mu-
nicipal Airport Access Road from
Highway No. U.S. 61, presented and
read. Councilman Thompson mov
ed that the proof of publication be
received and filed. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Decision of Council upon objec-
tions to plans, specifications, form
of contract and cost of improve-
ments.)
RESOLUTION N0. 59-49
WHEREAS, proposed plans spec-
ifications and form of contract for
the construction of The Dubuque
Municipal Airport Access Road
from Highway U.S. No. Sl have
been approved by the City'~o6ngfl
of the City of Dubuque and public
notice given as provided by the
Code of Iowa, 1946, pertaining to
public contracts and bonds, and
the time and place fixed far the
hearing of all objections to said
plans, specifications or contract for
or cost of such improvements, said
time being this 28th day of Febru-
ary, 1949 and
Vr'HEREAS, the City Council met
in Special session this 28th day
of February, 1949, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and pro
posed to be made; and
WHEREAS, all interested parties
have been given an opportunity to
be heard and objectfans 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 spec-
ifications, contract for or cast of
said improvement herein described
and proposed to be made, b e
and the same are hereby over-
ruled and such plans, specifications
and form of contract heretofore
approved are hereby adopted.
Be it further resolved that this
resolution containing the decision
of this Council upon all objections
which have been filed to the plans,
specifications and Yorm oY con•
tract for or coat of said improve-
ment be made a matter of perma-
nent record in connection with
said improvement.
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Moffatt moved the
adoption of the resolution. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 9.49
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 road to be improved.
2, The width of such improve-
ment, and the size and kind of
culverts.
3. An estimate of the cast of
the proposed improvement, stating
~i
s
°,k
~.
'~~I`.
Special Session, February 28th, 1949 75
the same for each different type
of construction and kind of ma-
terial to be used for the construc-
tion of The Dubuque Municipal
Airport Access Rcad from High-
way No. U.S. 61.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion deems it advisable and nec-
essary for the public welfare to
make the herein mentioned im-
provement, and unless property
owners at the time oP the final
consideration of this proposed res•
olution have on Pilo with the City
Clerk objections they shall b e
deemed to have waived all objec-
tions thereto.
Said improvement shall be con•
strutted 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 paid out of the Air-
port Fund.
The above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk this
31st day of January, 1949.
The foregoing resolution was fin•
ally passed and adopted, as pro-
posed, by the City Council this 28th
day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilman.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec•
onded by Councilman Murphy. Car-
ried by the fallowing vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, oY notice to con-
tractors of the receipt of pro-
posals for the construction of The
Dubuque Municipal Airport Access
Road, presented and read. Coun-
cilman Thompson moved that the
proof of publication be received
and filed. Seconded by Council-
man Moffatt. Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 28, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen: Pursuant to your
instructions proposals were receive
ed until 10:00 A.M. February 28,
1949 far the construction of an
Access Road to the Municipal Air•
port from U.S. Highway No. 61. At•
tacked is a tabulation oY the four
bids received.
I recommend that the contract
be awarded to the Willman Com-
pany of Cedar Rapids, Iowa for
Schedules 1 and 2 in the amount
of $42,261.18, this being the lowest
and best bid received.
It is further recommended that
the award be made subject to
the approval of the C.A.A.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Wharton moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 6449
Whereas, proposals have been
submitted by contractors for the
construction of 'Phe Dubuque Mu-
nicipal Airport Access Road from
Highway No. U.S. 61 pursuant to
Resolution No 11-49 and Will-
man Company of Cedar Rapids,
Iowa contractor, has submitted
the lowest bid for the furnishing
of all labor and materials and per•
farming the work as provided for
76 Special Session, February 28th, 1949
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 Will-
man Company of Cedar Rapids,
Iowa, subject to the approval of
the C.A.A. 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 deemd urgent and
of immediate necessity become ef-
fective from and after its pas-
sage and adoption by the City
Council.
Approved and placed on file for
one week on February 28, 1949.
Councilman Thompson moved
that the resolution be approved
and placed on file for one week.
Seconded by Councilman Wharton.
Carried by the tollowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to
manufacturers and suppliers of
snow removal equipment, present-
ed and read. Councilman Moffatt
moved that the proof of publica•
tion be received and filed. Sec•
onded by Councilman Thompson.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy ,
Thompson, Wharton.
Nays-None.
February 28, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen: Pursuant to your in-
structiana bids were solicited on
the furnishing of snow removal
equipment. Attached is the only
bid received, that of the Klauer
Manufacturing Company for fur•
Wishing one Model LMU Sno-Go
for the sum of $14,225.00
I recommend that the contract
for furnishing this equipment be
awarded to the Klauer Manufaet•
wring Company at their bid price.
Respectfully submitted,
A, A. Rhomberg,
City Manager.
Councilman Moffatt moved that
the recommendation of City Man•
ager Rhomberg be approved. Sec-
onded by Councilman Wharton. Car-
ried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 6t-49
Whereas, proposals have been
submitted by contractors for the
furnishing of one unit of the blow-
er type of snow removal apparatus
and Klauer Manufacturing Com-
pany contractor, has submitted the
lowest bid far the furnishing of all
labor and materials and perform-
ing the work as provided for in
the plans and specifications; now,
therefore,
Be it resolved by the City Coun-
cil of the City of Dubuque that the
contract for the above mentioned
improvement be awarded to Klau-
er Manufacturing 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 be-
come effective from and after its
passage and adoption by the City
Council.
Approved and placed on file far
one week on February 28th, 1949.
Councilman Thompson moved
that the resolution be approved
and placed on file for one week.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yoas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of Claim of Mrs. Donald
Spielman in an unstated amount
for injuries received to a fall on
an icy sidewalk at the corner of
30th and Central Avenue iW front
i°
i
w
' ~''~IM1
Special Session, February 28th, 1949 77
of Scherrer Grocery Store, pre•
sented and read. Councilman Mur-
phy moved that the Notice of
Claim be referred to the City So-
licitor for investigation and re•
port. Seconded by Councilman
Moffatt. Carried by the follow•
ing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of Claim oP Ottilia Frick
in an unstated amount for injur•
ies received in a fall on the icy
street at 443 Arlington Street, pre-
sented and read. Councilman Mof-
fatt moved that the Notice of
Claim be referred to the City So•
licitor for investigation and re-
ports. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy ,
Thompson, Wharton.
Nays-None.
Notice of Claim of Raymond N.
Keating in the amount of $276.00
for injuries received in a fall on
the icy crosswalk at Seventeenth
and Jackson Streets, presented and
read. Councilman Thompson mov-
ed that the Notice oY Claim be
referred to the City 5alicitar for
investigation and report. Second-
ed by Councilman Moffatt. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of Claim of Harry Bux-
ton in the amount of $500.00 for
injuries received in a fall on icy
sidewalk on the south side of 24th
Street approximately 69 feet east
from where it joins Central Av-
enue, presented and read. Coun-
cilman Murphy moved that the Na
lice of Claim be referred to the
City Solicitor far investigation and
report. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of Claim of Louis R. Frei-
singer in the amount of $120.50
for damages to his car caused by
the icy condition of the street at
or near the intersection of Arling-
ton Street and Grove Terrace, pre-
sented and read. C o u n c i l m a n
Wharton moved that the Notice
of Claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Moffatt. Carried by the follow-
ing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of Claim of Peter Mey
ers in the amount of $1,000.00 for
injuries received in a tall on icy
sidewalk in front of 2839 E 1 m
Street, presented and read. Coun-
cilman Moffatt moved that the No-
tice of Claim be referred to the
City- Solicitor for investigation
and report. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of Claim oP Mrs. Delflha
Himes in the amount of $1,600.00
for injuries received fn a fall on
th icy sidewalk in front of the
Haudenshield Homes on Main
Street between 12th and 13th
Streets, presented and read.
Councilman Wharton moved that
the Notice of Claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by
Councilman Moffatt. Carried by
i the fallowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of Claim of Mrs. Mary
Kunnert in an unstated amount
for injuries received in a fall on
an icy sidewalk at the Martin Paper
and Paint Shop, presented and
read. Councilman Wharton moved
that the Notice of Claim be re-
(erred to the City Solicitor for
investigation and report. Seconded
78 Special Session, February 28th, Ig49
by Counci_man Moffatt. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Communication of Ottilia Frick
advising that she fell on snow
covered ice between the curbstone
and sidewalk on Grove Terrace
and is now filing a claim in the
amount of $1,200.00 for injuries
received in said fall, presented
and read. Councilman Murphy
moved that the communication be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Moffatt. Carried
by the fallowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of I. K. Werwin•
ski submitting resolution for Coun•
Gil consideration in regard to Gen-
eral Pulaski's Memorial Day, pre,
rented and read. Councilman Mur-
phy moved that the communication
be referred to the Mayor. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Dubuque Women's Club
Dubuque, Iowa
Feb. 7, 1949
City Council
Honorable Mayor
Dubuque, Iowa
Gentle em n: The Dubuque Wo-
men's Club wishes to thank you
and your honorable body for pas-
sing aresolution to curb comic
books. It was a job well done
for the benefit of our Dubuque
Youih.
Sincerely yours,
Mrs. Lillian Johannsen
Crp. Secretary
Councilman Thompson' moved
that the communication be re-
ceived and made a matter of re-
cord. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
Petition of H. & W. Motor Ex-
press Company requesting that
parking be restricted on the north
side of 30th Street from Jackson
Street to the gate entering pro,
perty of the Dubuque Storage &
Transfer Company presented and
read. Councilman Murphy moved
that the petition be referred to the
Chief of Police for recommendation
and report. Seconded by Council-
man Wharton. Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of Mrs. Margaret Bar•
rington requesting a refund in the
amount of $25.00 on the unexpired
portion of her Cigarette Permit No.
273 as she has discontinued busin-
ess as of February 1, 1949,
presented and read. Councilman
Thompson moved that the request
be granted and the City Auditor
instructed to draw a warrant in
the amount of $25.00 in favor of
Mrs. Margaret Barrington to cover
the amount of refund granted on
the unexpired portion of h e r
Cigarette Permit No. 273. Sec•
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, M u r p h yl
Thompson, Wharton.
Nays-None.
Petition of Mrs. Margaret Bar•
rington requesting a refund in the
amount of $150.00 on the unexpired
portion of her Class "B" Beer
Permit as she has discontinued
business as of February 9, 1949,
presented and read. Councilman
Murphy moved that the request
be granted and the City Auditor
instructed to draw a warrant in
the amount of $150.00 in favor of
Mrs. Margaret Barrington to cov-
er the amount of refund granted
on the unexpired portion of her
Class "B" Beer Permit. Second,
ed by Councilman Moffatt. Car-
ried by the tollowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
n,.
a ~~4; r
'~~
p
Special Session, February 28th, 1949 79
Petition of the University of Du-
buque requesting permission to de-
signate the alley first west at
University Avenue between Algona
and Auburn Streets as a lane, the
name to be Campus Lane, present-
ed and read. Councilman Murphy
moved that the request be grant-
ed and the proper proceedings or-
dered prepared. Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of Sara Faigen request-
ing arefund in the amount of
$25.00 on the unexpired portion
of her Cigarette Permit No 278 as
she has discontinued business on
January 4,1949, presented and read~
Councilman Thompson moved that
the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $25.00 in
favor of Sara Faigen to cover tfie
amount of refund granted on the
unexpired portion of her Cigarette
Permit No. 275. Seconded by Coun-
cilman Moffatt. Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of Mrs. Marie Clancy
requesting a refund in the amount
of $25.00 on the unexpired por-
tion of her Cigarette Perit No.
66 as she has discontinued busin-
ess on January 31, 1949, present-
ed and read. Councilman Moffatt
moved that the request be grant-
ed and the City Auditor instructed
to draw a warrant in the amount
of $25.00 in favor of Mrs. Marie
Clancy to cover the amount of re•
fund granted on the unexpired por-
tion of her Cigarette Permit No,
66. Seconded by Councilman Mur-
phy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of Rudy Milding et al
requesting the installation of a
street light on State Street some-
where in the section between Cur-
tis Street and Cleveland Avenue,
a distance of approximately 650
feet, presented and read. Coun•
Gilman Thompson moved that the
petition be referred to the Coun-
cil to view the gaunds. Seconded
by Councilman Murphy. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petitia^ of the Dubuque Fire
Fighters Association requesting
that the members of the Dubuque
Fire Department be granted an in•
crease in wages effective April
1st, 1949, presented and read.
Councilman Murphy moved that
the petition be referred to the
Council far consideration. Second-
ed by Councilman Wharton. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of Hyde Clark Woman's
Relief Corps requesting permission
to hold a tag day on Saturday,
April 9, 1949, presented and read.
Councilman Moffatt moved that
the request be granted. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None,
Petition of Ed. Krumbach et al
requesting vacation of the alley
running from Grandview Avenue
between West 3rd Street and Ben-
nett Street and also requesting that
the property be evenly divided,
presented and read. Councilman
Wharton moved that the petition
be referred to the Planning and
Zoning Commission for their recom-
mendation and report. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy ,
Thompson, Wharton.
Nays -None.
8o Special Session, February a8th, 1949
Petition of Dubuque Trades and ~
Labor Congress requesting permis-
sion for the use of the city lots
on Fourth Street Extension for
the purpose of sponsoring a car•
nival either the first or third
week of June, 1949. Councilman
Murphy moved that the request be
granted far the Eirst week in June,
1949. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas -Mayor Van Duelman,
Councilmeu Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of the Military Order of
Cooties, Veterans o f Foreign
Wars, making application for a
permit to have a carnival in Du•
inclusive of this year, presented
and read. Councilman Thompson
moved that the request be grant-
ed. Seconded by Councilman Mur•
phy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of Robert A. Weiler and
Melvin D. Harms requesting the
vacation of the alley between Lota
28 and 29 of O'Neill's Riverview
Addition and Lot 112 of Belmont
Addition, which alley lies between
Brunswick Street and Burden Aw
enue from O'Neill Street to the al•
ley between Edith Street and
O'Neill Street presented and read.
Councilman Wharton moved that
the petition be referred to the
Planning and Zonning Commission
for their recommendation and re-
port. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Whrton.
Nays-None.
.Petition of the Water Depart-
meut employees requesting an in-
crease in wages of $25.00 per
month for the fiscal year beginning
April 1st, 1949 and also requesting
fora 40 hour work week, presented
and read. Councilman Murphy mov
ed that the petition be referred
~~1I~~ VI~~I~I ~I I ~.
to the Council for consideration.
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Couucilmen Moffatt, M u r p h 9,
Thompson, Wharton.
Nays -None.
Petition of Wm F. and Belle L.
Appel requesting Council to allow
the payment of $100.00 which caw
ors attorney's fees in preparing
objections covering the Bradley
Street Sewer as filed by Attorneys
Czizek & Czizek on July 30, 1948,
presented and read. Councilman
Moffatt moved that the petition be
referred to the City Solicitor far
investigation and report. Seconded
by Councilman Thompson. Carried
be the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Msys -None.
Communication of The Key Ci-
ty Gas Company submitting Re•
venue and Expense Statement cov-
ering gas operations Yor the full
twelve months of 1948 and also
submitting a revised rate schedule
covering a flat 20 percent increase
4or Council inspection, presented
and read. Councilman Wharton
moved that the communication to-
gether with the statement and
revised rate schedule be referred
to Black & Veatch, Consulting En-
gineers. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Report of Black & Veatch, Con-
sulting Engineers, covering an•
alysis of the petition of The Key
Gas Company for reviefon of gaa
rates presented. Councilman
Wharton moved that the report
be referred to the Council for
consideration at their next meet-
ing to be held March 7th, 1949.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
i
a
Y ~r
Special Session, February 28th, 194q 81
Communication of Fire Chief
Hickson suggesting to Council that
all contracts for lire protection,
outside the City Limits, not served
by City Water, be discontinued,
presented and read. Councilman
Wharton moved that the cony
munication of Fire Chief Hickson
be referred to the Cauncilfor con-
sideration. Seconded by Council-
man Moffatt. Carried by the fol•
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 24, 1949.
To the Honorable Mayor,
City Council and City Manager,
Dubuque, Iowa.
Gentlemen: In accordance with
your instructions contained in the
Resolutions listed below, I wish
to report as follows;
Resolution No. 222.48
$4,500.00 of Special Assessment
bonds far the improvement of Ver•
non 3c Edina Streets (Sewer) were
offered for sale on Novemeber 24,
1948 after proper advertising. No
bids were received at the time of
the sale and the bonds were sub•
sequently sold, over the counter,
to a local investor at par and ac-
crued interest.
Resolution No. 242.48
$2,000.00 of Special Assessment
Bonds for the improvement of
Seminary Street (Sewer) were oY-
fered for sale on January 24, 1949
after proper advertising. Two
sealed bids for $1,500.00, offering
par plus accrued interest were
received. The sealed bids were
accepted and the balance of $500.00
was later sold to a private investor
for par and accrued interest.
Resolution 244.48
$4,000.00 of Special Assessment
Bonds for the improvement of
Lombard Street were offered for
sale on January 24, 1949 after pro
per advertising. One sealed bid
for par and accrued interest was
received and the bonds were sold
to the bidder.
Resolution No. 246-48
$4,424.94 in bonds were authoriz•
ed under this resolution for the
improving of Mt. Loretta Ave.
These bonds were not issued Yor
the reason that the City Treasur-
er collected in cash from the pro-
petty owners the sum of $3,-
757.52, There was no contractor
involved in this improvement since
the City Street Department was
used to complete this work. The
balance due on this assessment
is $667.42 and final payments are
due and payable March 31, 1950.
Resa}ution No. 257.48
$2,000.00 of Special Assessment
Bonds for the improvement of
Platt Street and Platt Street Ex•
tensron were offered far sale on
February 4,1949 after proper adver•
using. Two sealed bids were
recelved. One bid was par and
accured interest and the other bid
offered $2,002.00 plus accrued in-
terest. The bonds were awarded
to tite highest bid.
Respectfully submitted,
Edward M. Tschirgi
City Treasurer.
Councilman Murphy moved that
the report of City Treasurer
Tschirgi be received and made a
matter of record. Seconded by
Councilman Wharton. Carried Dy
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, M u r p n y,
Thompson, Wharton.
Nays-None.
Proof of publication, certified to
by the publishers, of a statement
of receipts and also a list of claims
Yor which warrants were drawn
during the month of January,. 1949,
presented and read. Councilman
Moffatt moved that the proof of
publication be received and filed.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Council Proceedings for the
iV~nth of October, 1948 present-
ed far approval. Councilman Mof-
fatt moved that the Council Pro-
ceedings for the month oY Octo-
82 Special Session, February 28th, 1948
ber, 1948 be approved as printed.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No 5.49.
An Ordinance amending "The
Traffic Code" of the City of Du-
buque by regulating parking of ve-
hicles on the southeasterly side
of Rhomberg Avenue from the Chi-
cago Great Western Railroad
tracks to Marshall Street, present•
ed and read. Councilman Thomp-
son moved that the reading just
had be considered the first reading
of the ordinance. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Naps-None.
Councilman Thompson moved
that the rules be suspended re-
quiring an ordinance to be read on
three separate days. Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the ordinance be placed on
file with the City Clerk for public
inspection for at least one week
before its final adoption. Second•
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilman Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 28, 1949
To the Honorable Mayor and
City Council Dubuque, Iowa.
Gentlemen: Referring to attach-
ed petition of Mettel Realty and
Investment Company submitting
a replotting of the area common-
ly known as Heim's Brick Yard,
the Planning and Zoning Commis-
Sion at a meeting Friday, Febru•
ary 2bth, approved the new plat
as shown.
Respectfully submitted,
Yours truly,
THE PLANNING AND ZONING
COMMISSION
Richard V. McKay,
Secrotary
Councilman Wharton moved that
the communication of the Plan•
ning and Zoning Commission be
referred to the Council to view
the grounds. Seconded by Coun-
cilman Moffatt. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 8th, 1949.
Honorable Mayor and City
Council, Dubuque, Iowa
Gentlemen: At the February 7th
meeting of the City Council, a de-
finite recommendation was re-
quested on the matter of a forty
hour work week for the Police De•
partment. The report submitted
on the same date indicated that
a forty hour, five day work week
could not be put into effect with
the present authorized strength of
the department without reducing
service to the public. It further
showed that the present amount of
service could be had by increasing
the number of men and units of
equipment at an estimated increas-
ed cost of $20,000.00 per year.
Because we do not feel that the
public service should be curtailed
and because $20,000.00 additional
money is not on hand, we recom-
mena that the present work
week for policemen be retained,
Respectfully submitted,
A. A. Rhomberg,
City Manager.
JOS. H. STRUB.
Chief of Police.
Councilman Wharton moved that
the recommendation of City Mana-
ger Rhomberg and Chief of Po-
lice Strub be approved. Seconded
by Councilman Moffatt, Carried
by the following vote:
Yeas -Councilmen Moffat t
Thmnpson, Wharton.
Nays -Mayor Van Duelman
and Councilman Mtu'phy.
~~
I'
~„
~;
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y.
Special Session, February 28th, 1949 ~
Councilman Thompson move d
that the working conditions of the
Police Department be considered
by the City Council at the time
that the other requests from the
various departments are being con-
sidered. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays -None.
February 24, 1949.
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 January, 1949, also list',
of claims and lixt of payrolls for
which warrants were issued for
the month of January, 1949.
Respectfully submitted,
A. A. Rhomber,
City Manager.
Councilman Murphy moved that
the reports be received and filed.
Seconded by Councilman Thomp-
son. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt Murphy,
Thompson, Wharton.
Nays-None.
February 28, 1949.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: At the Council meet•
ing of January 31, 1949 the pet'
lion of the Farley & Loetschb.
Manufacturing Company request•
ing permission to install and main-
tain underground storage tanks on
the west side of Jaekaon Street
between 8th and 9th Streets was
referred to the Council to view the
grounds The Council, h a v i n g
viewed the premises, decided to
grant-the request.
I recomment that the decision
of the Council be confirmed by
the passage of the attached ordin-
ante.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Moffatt moved that
the recommendation of City Mana•
ger Rhomberg be approved. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 649.
An Ordinance granting to Farley
~ Loetscher Manufacturing Com•
pony, its successors and assigns,
the right to install and maintain
four underground storage tanks on
the west side of Jackson Street,
south of existing underground stor-
age tanks at the southwest corner
of Jackson and Ninth Streets, in
the City of Dubuque, Iowa, and to
attach and maintain pipes and
equipment in connection therewith
all in accord with plans now on file
in the office of the City Clerk,
presented and read. Councilman
Thompson moved that the reading
just had be considered the first
reading of the ordinance. Second-
ed by Councilman Murphy. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the rules be suspended re-
quiring an ordinance to be read on
three separate days. Seconded by
Councilman Moffatt. Carried by
the fallowing vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Councilman Thompson moved
that the ordinance be placed on
file with the City Clerk for public
inspection for at least one week
before its final adoption. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Coutcilmen Moffatt, M u r p h p,
Thompson.
Nays - Nane.
84 Special Session, February a8th, 1949
February 28, 1949
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: At the Council meet-
ing of January 31, 1949 the petition
of Wickes Engineering & Con-
struction Company requesting a
sixty working day extension of
time for the completion of the
Terminal Building at the Municipal
Airport was referred to the Coun-
cil for consideration.
I have contacted the District
Airport Engineer of the C.A.A. on
the matter and I am advised that
the C.A.A. will concur in granting
the request and in waiving the
liquidated damages for the extra
time.
I recommend that the request of
Wickes Engineering & Construc-
tion Company be granted and both
the C.A.A. and the bonding com-
pany be notified of the action of
the Council.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 28,1949.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: At the Council meet-
ing of January 31, 1949 the peti-
tion of Mrs. Carl Bartels, et at,
requesting the installation of a
street light at Alta Vista Place
and Filmore Street was referred
to the Council to view the Bounds.
The Council, having viewed the la
cation, decided to grant the re-
quest.
I recommend that the action of
the Council be confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 11, 1949
Honorable Mayor and Members
of the City Council of the
City of Dubuque
In Re: The Claim of George A.
Hammel
Gentlemen: I have investigated
this claim and find that on Tues-
day, December 28th, 1948, about
5:30 P.M. when Claimant was re-
turning home from work he fell
on the cross walk at Roland
Street and West 3rd Street sus-
taining afracture of his right foot
and has been laid up ever since
that time that the cross walk
was covered with snow and ice,
rough, rounded and uneven, and
was in a dangerous condition;
that because of the injuries re•
ceived, he has been confined to his
home ever since, loosing over
$400.00 in wages. That his doc-
tor bill is X64.00, and the hospital
bill $25.00. He states that he has
suffered very Beverly since that
time. After talking the matter
over with him, he has agreed to
settle this claim for $200.00
I recommend that a warrant
be issued payable to the order of
George A. Hammel for $200.00 and
the same be delivered to him upon
delivery to the City of a release
properly executed by him.
Yours truly,
John J. Kintzinger
City Solicitor.
Councilman Moffatt moved that
the recommendation of City Solici-
tor Kintizinger be approved and
the City Auditor instructed to
draw a warrant in the amount of
$200,00 in favor of George A. Ham-
mel, as settlement in full of his
claim, and that said warrant be
delivered npan receipt by the City
of Dubuque of a properly execut~
ed release. Seconded by Council-
man Thompson. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilme^ Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
i,
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,`.
Special Session, February a8th, 1949 85
February 26, .1949,
Honorable Mayor and Members of
the City Council of the City
of Dubuque, Iowa
Gentlemen With reference to
the claim of Mary C. Howard for
damages which was referred to me
for investigation and report. About
4:45 P.M. on October 29, 1945, clai-
mant left the Novena services at
St. Patrick's Church, and when
she reached a point in front of St.
John's Church on 14th Street and
was required to go Pram one aide
of the sidewalk to the other, and
in so doing tripped over a raised
portion of the sidewalk causing her
to fall at which time she received
a fracture of her arm and was re-
quired to undergo surgical and
medical care.
The .outside blocks of the side-
walk were raised higher than the
inside blocks, and in traveling from
the inside of the sidewalk to the
outside therof, she tripped where
the sidewalk was raised and fell
receiving injuries. She has been
unable to perform her duties at
the Dubuque Beauty Academy for
some considerable time. Her ac-
tual medical expenses amount to
$81.50. After conference wit h
her, she has agreed to accept
$81.50 in full payment of her claim
against the city.
I recommend that a warrant be
issued payable to her order for
$81.50 and delivered to her upon
delivery to the City of a release
properly executed by her.
Yours truly,
John J. Kintzinger
City Solicitor
Councilman Thompson moved
that the recommendation of City
5ocicitor Kintizinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$81.50 in favor of Mary C. How-
ard, as settlement in Yull of her
claim, and that said warrant be
delivered upon receipt by the City
of Dubuque of a properly executed
release. Seconded by Councilman
Murphy. Carried by the following
vote:
X4as -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 14, 1949
To the Honorable Mayor
and City Councncil,
Dubuque, Iowa
Gentlemen: Herewith is submit-
ted Profile No. 1328 showing the
proposed grade of Esther Street
from the south property line of
Mt. Loretta Avenue to the north
property line of Bush and Tressa
Streets.
I recommend that the proposed
grade be approved as shown on
the profile and that an ordinance
be passed establishing such grade.
Respectfully submitted,
R. J. Gallagher,
City Engineer.
Councilman Murphy moved that
the recommendation of City En-
gineer Gallagher be approved. Sec-
onded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 7-09
An Ordinance establishing a
grade on Esther Street from the
south property line of Mt. Loretta
Avenue to the north property line
of Bush and Tressa Streets, pre-
sented and read. Councilman
Thompson moved that the reading
just had be considered the first
reading of the ordinance. Second-
ed by Councilman Murphy. Car-
ried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Councilman Moffatt. Carried by the
fallowing vote:
Yeas-Mayor Van Due 1 m a n ,
Councilmen Moffatt, Murphy,
.Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the ordinance be nlaeed on
86 Special Session, February 28th, 1948
file with the City Clerk for public
inspection for at least one week
before its final adoption. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeae -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 14, 1949.
To the Honorable Mayor
and City Council.,
Dubuque, Iowa.
Geri'tlemen:
Herewith is submitted Profile No.
1329 showing the proposed grade of
Tressa Street from the East pro-
party line of Esther Street to the
end of Tressa Street.
I recommend that the proposed
grade be approved as shown on
the profile and that an ordinance
be passed establishing such grade.
Respectfully submitted,
R. J. Gallagher,
City Engineer.
Councilman Thompson moved
that the recommendation of City
Engineer Gallagher be approved.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 8.49.
An ordinance establishing a
grade on Tressa Street from the
east property line of Esther Street
to the end of Tressa Street, pre-
sented and read. Councilman
Thompson moved that the reading
just had be considered the first
reading of the ordinance. Second-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the ordinance be placed on
file with the City Clerk for public
inspection for at ]east one week
before its final adoption. Second-
ed by Councilman Moffatt. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
February 14, 1949.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: Herewith is submit-
ted Profile No. 1330 showing the
proposed grade of McLenan Street
from the south property line of Mt.
Loretta Avenue to the north pro-
perty line of Tressa Street.
I recommend that the proposed
grade be approved as shown on
the profile and that an ordinance
be passed establishing such grade.
Respectfully submitted,
R. J. Gallagher,
City Engineer.
Councilman Murphy moved that
the recommendation of City En-
gineer Gallagher be approved. Sec•
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 9~}9,
Ai: ordinance establishing a
grade on McLenan Street from the
south property line of Mt. Loretta
Avenue to the north property line
of Tressa Street, presented and
read. Councilman Thompson
moved that the reading just had be
considered the first reading of the
ordinance. Seconded by Council-
man Murphy. Carried by the fal•
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the rules be suspended re•
quiring an ordinance to be read on
three separate days. Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas -Mayor Van Duelman,
~.
rp,
I' 'r
Special Session, February 28th, 1949 87
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the ordinance be placed on
file with the City Clerk for public
inspection for at least one week
before its final adoption. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
RE30LUTION N0. 62.49
Preliminary approval of propos- ',
ed plans, specifications, Yorm of i
contract, plat and all other docu-
ments for the construction of a
storm sewerage system for the
Hillcrest Annexation, with storm
sewers located in the following 1o-
cations: 1. In Hillcrest Road from
the west property line of Asbury I,
Road to the east property line of
Ogilby Road. 2. In Morningview
Road Yrom the north property line
of Hillcrest Road to the south pro-
perty line of Asbury Road. 3. In
Valleyview Road from Morning-
view Road to Broadlawn Road, pre-
sented and read. C o u n c i l m a n
Thompson moved the adoption of
the resolution. Seconded by Coun-
cilman Moffatt. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 63-49
WHEREAS, proposed plans, spec-
ifications, Yorm of contract, plat,
have been duly prepared and ap-
proved by the City Council of the
City of Dubuque and are now an
file in the office of the City Clerk
showing among other things the
following:
1. The size and kind of sewers.
2. An estimate of the cost of the
proposed improvement, for the con•
struction of a storm sewerage sys-
tem for the Hillcrest Annexation,
with storm sewers in the following
locations:
1. In Hillcrest Road from the
west property line of Asbury Road
to the east property line of Ogilby
Road.
2. In Morningview Road from the
north property line of Hillcrest
Road to the south property line of
Asbury Road.
3. In Valleyview Road from
Morningview Road to Broadlawn
Road.
BE IT THEREFORE RESOLV-
ED that the City Council on its
own motion or upon petition cf
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 Ci-
ty Clerk objections to the proposed
improvement they shall be deemed
to have waived all objections
thereto.
Said improvement shall be con•
strutted and done in accordance
with the plans and specifications
which have been prepared there-
fore 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 paid out of the sewer
fund.
The above resolution was intro-
duced, approved and ordered plao-
ed on file with the City Clerk
this 28th day of February, 1949.
Approved and placed on file for
final action.
Approved:
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPYY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Murphy moved that
the resolution be approved and
placed on file for final action. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
88 Special Session, February a8th, 1949
(Fixing date of hearing)
RESOLUTION N0. 64-j}9
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 62.49 given its pre•
]iminary 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 con-
struction of a storm sewerage sys•
tem for the Hillcrest Annexation,
with storm sewers located in the
following locations:
1. In Hillcrest Road from the
west property line of Asbury Road
to the east property line oY Ogil•
by Road.
2. In Morningview Road from the
north property line of Hillcrest
Road to the south property line of
Asbury Road.
In Valleyview Road from Morn•
ingview Road to Broadlawn Rd.
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•
Fite for public inspection,
Be it therefore resolved that on
the 21st day of March 1949, 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 propos•
ed plans and specifications and pro
posed form of contract and at the
same time to the cost of the im•
provement, and to the passage oP
the proposed Resolution of Neces-
sity and the City Clerk be and
be 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) week prior to
the day fixed for its consideration
and unless property owners at the
time of final consideration of said
resolution have on Pile with the
Clerk objections to the proposed
improvement they shall have been
deemed to have waived all objec-
tions thereto, at which hearing the
Council will hear such objections
and enter on record its final de•
cision thereon.
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
Citp Clerk
Councilman Moffatt moved the
adoption oP the resolution. Second-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 65.49
WHEREAS, applications for Beer
Permits have been submitted to
this Council 4or approval and the
same have been examined: NOW,
THEREFORE,
BE IT RESOLVED by the Coun•
cil of the City of Dubuque that the
following applications be granted
and the licenses are to be issued
upon the compliance with the
terms of the ordinances of this
City.
Class "B" Permit
Mrs. Jean Stangl, 241 Mai n
Street,
Erwin M. Grab and Helen Grab,
1575 Central Avenue.
Levi J. Roach, 330 Main Street.
Mrytle A. Chapman, 53 Wes t
12th Street.
Mrs. Anna Heiar, 1900 Wash-
ington Street.
Roy A. Wright and Esther Wright
2600 Jackson Street.
i~
I
,
Special Session, February a8th, 1949 89
Close "C" Permit
Ernest W. PYalzgraY, 1300 Cen•
tral Avenue.
Ernest Latham and Myrtle La-
tham, 892 Cleveland Avenue.
Passed, adopted and approved,
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHAR'(`ON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Thompson moved
the adoption of the resolution.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION NO. 66.49
WHEREAS, heretofore applica-
tions for Beer Permits were filed
by the within named applicants
and they have received the approv-
al of this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to com•
ply with the ordinances of this
City and they have filed a pro-
per bond: Now, therefore,
BE IT RESOLVED by the Coun•
cil of the City of Dubuque that the
Manager be and he is hereby di•
retied to issued to the following
named applicants a Beer Permit.
Class "B" Permit
Mrs. Jean Stangl, 241 M a 1 n
Street.
Erwin M. Grab and Helen Grab,
1575 Central Avenue.
Levi J. Roach, 330 Main Street.
Mrytle A. Chapman, 53 West
12th Street.
Mrs. Anna Heiar, 1900 Washing-
ton Street.
Roy A. Wright and Esther
Wright, 2600 Jackson Street.
Class "C" Permit
Ernest W. Pfalzgraf, 1300 Cen-
tral Avenue.
Ernest Latham and Myrtle La-
tham, 892 Cleveland Avenue.
Be it further resolved that the
bonds filed by such applicants be
and the same are hereby approv
ed
Passed, adopted and approved
this 28th day of February, 1949.
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Sec•
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
RESOLUTION N0. 67.49
WHEREAS, there is in the hands
of the City Treasurer and credited
to the Liquor Sales Fund the sum
of $56,483.91; and
Whereas, Chapter 88 of the
Laws of the Fifty-Second General
Assembly provides that the afore•
said fund shall be subject to ex-
penditure under the direction of
the Clty Council for any lawful
municipal purpose; and
Whereas, it is necessary in the
interest of the preservation of the
public peace, health, safety and
the general welfare of the City
of Dubuque that the above sum of
$56,483.91 be transferred from the
Liquor Sales Fund as follows: $3,-
205.17 into the Fire Pension Fund,
$10,276.24 into ,the Fire Mainten-
ance Fund, and $42,002.50 into the
Consolidated Fund; and
WHEREAS, the budget for the
current fiscal year, adopted by the
City Council on March 19, 1948 was
predicated upon the use of the
money in the Liquor Sales Fund
.for operating purposes; Now,
Therefore
go Special Session, February 28th, 1949
BE IT RESOLVED by the City
Council of the City of Dubuque that
there be and there is hereby trans-
fered from the Liquor Sales Fund
the following sums: $3,205.17 into
the Fire Pension Fund, $10,276.24
into the Fire Maintenance Fund
and $43,002.50 into the Consolidat-
ed Fund; and
BE IT FURTHER RESOLVED
that the Auditor of the City of
Dubuque be and he is hereby dir-
ected to adjust his accounts accord-
ingly and transfers and such notifi•
cation shall be accompanied by a
copy of this resolution and the
record of its adoption.
Passed, adopted and approved
this 28th day of February, 1949,
FRANK VAN DUELMAN
Mayor
F. W. THOMPSON.
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Second•
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Resolution And Application For
Transfer Of Emergency Fund.
meet its estimated actual and nec•
easary expenses for the current
fiscal year and the emergency re•
ferred to; therefore, be it
Resolved by the City Council of
the City of Dubuque, Dubuque
County, Iowa, that $28,142.44 of
the funds in the Emergency Fund
be transferred permanently to the
Consolidated Fund of said muni-
cipality; subject to the approval of
the State Comptroller, to be ex-
pended in accordance with the pro-
visions of Section 24.6 of the 1946
Code, and
The City Auditor of said muni-
cipality, upon receipt oY aproval
by the State Comptroller, is di•
rotted to correct his books ac-
cordingly and to notify the trea•
surer of the transfer, accompany-
ing the notification with a copy
of this resolution and the record
of its adoption.
(Presiding Officer) Frank Van
Duelman, Mayor.
(Secretarial Officer) J. J. Shea,
City Clerk.
The foregoing resolution was ad•
opted by the City Council of the
City of Dubuque, Dubuque County,
Iowa, at a special meeting of the
same on the 28th day of Febru-
ary, A.D. 1949.
The vote thereon was as fai•
lows:
Ayes -Frank Van Duelman,
F. W. Thompson, Geo. R. Murphy,
Albert Wharton, W. W. Moffatt.
RESOLUTION N0. 6&49
WHEREAS, there now is in the
hands of the treasurer of City of
Dubuque, Dubuque County, Iowa,
the sum of $28,142.44 credited to
the Emergency Fund thereof; and
Whereas, an emergency has ar•
isen which requires the expendi-
ture of $28,142.44 said emergency
being of the following character;
The increased cost of necessary
goods and services that must be
paid out of the Consolidated Fund;
and
Whereas, the .revenue in the Con•
solidated Fund is insufficient to
Nays-None.
Councilman Wharton moved the
adoption of the resolution. Sec•
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that Rev. J. M. Wolfe be reap-
pointed as a member of Board of
Adjustment for a term of 4ive
years, said term to expire March
5th, 1954. Seconded by Council•
I
,'
1
{
y~;
is
Special Session, February 28th, 1949 g 1
man Moffatt, Carried by the fol•
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays-None.
There being no further business
Councilman Murphy moved to ad•
journ. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmon Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
J. J. SHEA
City Clerk.
Approved ...... ....................... 1949.
Adopted ....... ............... ..... 1949.
.................
Councilmen ............................
Attest :.......... ......................................
City Clerk.