1949 May Council Proceedings
Regular Session, May 2nd, 1949 r~q 1
i
~
Mayor Wharton moved that the
C' } U ~ O ~ ~ A I I recommendation of City Manager
`1 4 Rhomberg be approved. Seconded
(OFFICIAL) by Councilman Thompson, Carried
by the following vote:
Regular Session, May 2nd, 1949, yeas-Mayor Wharton, Ccuncil-
Council met at 7:30 P.M. men Russo, Thompson, Van Duel-
Present-Mayor Wharton, Coun- man, Welu.
oilmen Russo, Thompson, Van Nays-None.
Duelman, Welu. City Manager
Rhomberg, Communication of City Employ-
ees Local No. 228 submitting senior-
Mayor Wharton stated that this
'
I
is the regular monthly meeting of qty outline far Council consideration
the City Council for the purpose rn an endeavor to obtain certain
working conditions which are pre-
of acting upon such business as
sently in force on a nation wide
may properly come before the I I
basis to cover members of the
meeting.
Street-Sewer-Garage•P a r k Depart-
Councilman Van Duelman moved ments not under Civil Service pro- i
that the rules be suspended for tection, presented and read. Coun- t
',
the purpose of allowing any one oilman Van Duelman moved that
present in the Council Chamber, the communication be referred ~
who wishes to do so, to address to the Council for further can-
the Council. Seconded by Council- sideration. Seconded by Council- ~
man Welu. Carried by the following man Thompson. Carried .by the ,
vote: following vote:
Yeas-Mayor Wharton, Council- ~
yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
men Russo, Thom son, Van Duel-
P
man, Welu'
man, Welu.
Nays-None.
Nays-None.
Attorney William Connery ad- petition of Charles H, Klaus re- I
dressed the Council with refer-
questing permission to erect a Lus- ~ J
+ ence to the extension of the storm trop Home in the City of Dubuque, I
sewer, grading and opening of Adair
Aresented and read. Councilman
Street.
Thompson moved that the petition j
May 2, 1949 be received and filed. Seconded by
To the Honorable Mayor Councilman Van Duelman, Carried
and City Council, by the following vote:
Dubuque, Iowa Yeas-Mayor Wharton, Council- I
Gentlemen: men Russo, Thompson, Van Duel•
At the meeting of April 18th the man, Welu.
verbal request of Attorney William Nays-None.
Connery concerning the construct-
ion of a storm water sewer, the Petition of Peter J. Takos re-
opening and grading of Adair questing that he be given a building ~~
Street was referred to the council Permit for the erection of a Lustron
to again view the street. Home, presented and read. Coun-
cilman Thompson moved that the
Th
e council ha in ie
v v wed the
g
petition be received and filed.
premises concluded that curb and
Seconded by Councilman Van Duel-
gutters would be necessary to pre-
loan. Carried by the followin vo
vent erosion of a graded street in g te:
such location. It was decided that Yeas-Mayor Wharton, Councit-
waivers be obtained from the men Russo, Thompson, Van Duel-
.
owners of property subject to as- man, Wetu.
~ sessment preliminary to the pre- Nays-None.
paration of a plat and schedule Councilman Thompson moved 'i
for the improvement. I recommend that the Mayor appoint a Com-
that the decision of the council be mittee, to consist of at least three
confirmed. and not more than five members, 'i
I Respectfully submitted to m
ake a study and submit a
A, A. RHOMBERG building code to the Council for
City Manager. their consideration. Seconded by ~ I
{
r
~
i f
'
i
,
18o Regular Session, May 2nd, 1949
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Petition of Joe Jurisic and
others requesting the installation
of a street light at the intersection
of Valeria and Gushing Streets,
presented and read. Councilman
Thompson moved that the petition
~be referred to the Council to view
the grounds. Seconded by Caun•
Gilman Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Petition of John Ostrowski re-
questing arefund in the amount
of $50.00 on the unexpired portion
oP his Class "B" Beer Permit No.
83 as he has discontinued business
on April 30, 1949, presented and
read. Councilman Thompson moved
that the request be granted and
the City Auditor be instructed to
draw a warrant in the amount of
$50.00 in favor of John Ostrowski
to cover the amount of refund
granted on the unexpired portion
of his Class "B" Beer Permit No. 83.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Wkarton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Petition of the Dubuquo Stock
Car Racing Association requesting
permission to either lease or use
the old airport for the holding of
stock car races, presented and
read. Councilman Thompson moved
that the petition be referred to
the City Manager and Chairman
of the Dock Board with power to
negotiate an arrangement with the
Dubuque Stock Car Racing Asse-
ciation with the provision that an
Idemnity Bond be furnished hold-
ing the City of Dubuque harmless
in case of accident or injury. Sec-
onded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Petition of Stanley Terris and
others submitting objections to the
proposed bus route changes on the
Cleveland, Grandview Avenue and
Fremont bus schedule, presented
and read. Councilman Thompson
moved that the petition be re•
ferred to the Council far consider-
ation at the time that the petition
of the Interstate Power Company
is being considered. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Ordinance No. 15.49
AN ORDINANCE AUTHOR-
IZING DUBUQUE PACKING COM•
PANY, ITS SUCCESSORS AND
ASSIGNS, TO ERECT AND MAIN-
TAIN ASTEEL BRIDGE ACROSS
SYCAMORE STREET FOR THE
PURPOSE OF SUPPORTING AND
HOUSING CABLES AND PIPES
TO BE USED IN THE MANU•
FACTURE OF ICE, AND DECLAR-
ING ANEMERGENCY, said ordi•
nonce having been passed upon
first reading on April 18th, 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.
Ordinance No. 15.49
AN ORDINANCE AUTHO'R•
IZING DUBUQUE PACKING COM•
PANY, ITS SUCCESSORS AND
ASSIGNS, TO ERECT AND MAIN•
TAIN A STEEL BRIDGE ACROSS
SYCAMORE STREET FOR THE
PURPOSE OF SUPPORTING AND
HOUSING CABLES AND PIPER
TO BE USED IN THE MANU•
FACTUE OF ICE, AND DECLAR•
ING AN EMERGENCY.
WHEREAS, D u b u q u e Packing
Company has petitioned the Council
of the City of Dubuque for authority
to erect and maintain a steel bridge
over and across Sycamore Street for
the purpose of supporting and hous•
ing cables and pipes to be used in
the manufacture of ice: NOW,
THEREFORE,
BE IT ORDAINED .by the Council
of the City of Dubuque:
Section 1. That Dubuque Packing
Company, its successors and assigns,
Regular Session, May 2nd, 1949 181
be and it is hereby authorized to
erect and maintain a structure, re-
ferred to as a bridge, aver
and across Sycamore Street,
one hundred ten feet northerly
of the north l i n e o f E a s t
Sixteenth Street, for the pur-
pose of supporting and housing elec•
tric cables and steam, hat water and
ammonia pipes to be used in the
manufacture of ice, said structure
to be approximately four feet fn
width, be equipped with scat-walk,
for the purpose of affording access
thereto for inspection and repairs,
be adequately protected against the
weather, and have a clearance
above the surface of Sycamore
Street of not less than twenty-two
feet.
Section 2. That said structure
shall be built and erected under the
supervision of the City Manager
and Building Commissioner.
Section 3. The right and author-
ity hereby granted to said Dubuque
Packing Company, its successors
and assigns, shall at all times, be
subject to the control of the City
Council and, in the event said struc-
ture shall cause an unreasonable
interference with the use of said
street by the public, it shall, upon
60 days written notice, be removed
by said company, its successors and
assigns. ,
Section 4. That Dubuque Pack-
ing Company, its successors and
assigns, shall be alone responsible
for any damages to persons or pro•
perty resulting from the construe
tion and maintenance of such struc•
tore, and shall defend, at its ex-
pense, any action, at law or in
equity, which may ,be brought a-
gainst the City of Dubuque for
damages on account of such struc-
ture, and shall pay any amount
allowed against the City for any
such damages.
Section 5. This ordinance, being
in the interest of the genera] wel-
fare, shall be in force and effect
from and after its final passage and
adoption by the City Council and
publication, as provided by law, and
upon the acceptance of the terms
hereof being endorsed hereon by
said Dubuque Packing Company,
and the payment of the costs and
expenses incident to publication by
said company.
Passed upon first reading this
18th day of April, 1949.
Passed, adopted and approved
upon final reading this 2nd day of
May, 1949,
ALBERT WHARTON
Mayor
F. W. THOMFSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P, WELU
Councilmen.
Attest: J. J. SHEA,
City Clerk
ACCEPTANCE
Dubuque Packing Company here-
by accepts the terms and provisions
of Ordinance No. 15-49, as finally
passed, adopted and approved on
this 3rd day of May, 1949.
DUBUQUE PACKING COMPANY
by: A, J. KISTING
Secretary (SEAL)
Published officially in The Tele•
graph-Herald newspaper this 5th
day of May, 1949.
J. J. SHEA
City Clerk
lt. May 5,
Councilman Welu moved the a•
doption of the ordinance. Seconded
by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu,
Nays-None.
Ordinance No. 16.49
An Ordinance creating and es-
tablishing "CherryGreen Street
Sewer District" which district em-
braces al] of the lands within the
drainage area of the sewer system
to be constructed within the same,
declaring that all lands within said
district are benefited by the sewers
to be constructed therein and sub-
ject to special assessments for the
payment of the cost of such sewer
and appurtenances thereto and de-
fining all of such lands which are
subject to be furnished with sewer
connections or drainage by said
sewer system to the adjacent pro-
perty, presented and read. Council-
man Thompson moved that the
reading just had •be considered
the first reading of the ordinance,
182 Regular Session, May 2nd, 1949
Seconded by Councilman Russo.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
that the rules be suspended re•
quiring an ordinance to be read
on three separate days. Seconded
by Councilman Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
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 Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Dubuque, Iowa
May 2nd, 1949.
To the Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen:
In accordance with the provisions
of the Code of Iowa, 1946, the
Civil Service Commission conducted
an entrance examination, as of
April 6th, 1949, for those seeking
positions on the Fire Department.
The following is a list of those
who passed their physical exam-
inations with an average of 70
per cent or better. All appoint
ments on the Fire Departmen
should be made from this list.
NAME AVERAG
John P. KemPa ...............98 Per cen
Merle A. Viertel ...,.. _79 per cen
John T. Corbett .... ..........77 per cen
John J. Lepseh, Jr...... 75 per cen
Merle M. Bandy,........... 74 per cen
Elmer V. Meissen ......_...74 per cen
Earl E. Genthe........... 71 per cen
Respectfully submitte
C. S. HARKER
Chairman
E. B. LYONS
R. M. BENN
Members, Civil Service Co
mission.
Attest: J. J. SHEA
Clerk, Civil Service Com-
mission.
Subscribed and sworn to before
me Geraldine L. Jenni, a Notary
Public this 2nd day of May, 1949.
GERALDINE L. JENNI
Notary Public.
Councilman Van Duelman moved
that the report of the Civil Serv-
ice Commission be received and
made a matter of record. Seconded
by Councilman Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Dubuque, Iowa
May 2nd, 1949.
To the Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen:
In accordance with the provis-
ions of the Cade of Iowa, 1946, the
Civil Service Commission conduct-
ed an entrance examination, as of
April 6th, 1949, for those seeking
positions on the Police Department.
The following is a list of those
who passed their physical exam-
inations and also their mental ex-
aminations with an average of 70
per cent ar better. All appoint-
ments on the Police Department
should be made from this list.
NAME AVERAGE
Carl W. Vandermeulen 87 per cent
Paul J. Zimmerman .....81 per cent
Milo J. Kettman...........80 per cent
Clement R. Fleckenstein ..................
....................................79 per cent
Milton T. Bayes.......... 76 per cent
- Robert L. Hoye....,. ...., 73 per cent
t Cyril H, Oswald_.........71 per cent
Wilford V. Mohr............70 per cent
E Respectfully submitted,
t C. S. HARKER
t Chairman,
t E. B. LYONS
t R. M. BENN
t Members, Civil Service
t Commission.
t Attest: J. J. SHEA
d, Clerk, Civil Service Com-
mission.
Subscribed and sworn to before
me, Geraldine L. Jenni, a Notary
Public this 2nd day of May, 1949.
m• GERALDINE L. JENNI
Notary Public.
Regular Session, May znd, 1949 1$3
Councilman Van Duelman moved
that the report of the Civil Service
Commission be received and made
a matter of record. Seconded- by
Councilman Russo. Carried by the
following rote:
Yeas-Mayor Wharton, Council-
man Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 2, 1949
Honorable Mayor and Members
of the City Council
City oP Dubuque, Iowa
Ionorable Sirs:
I am submitting for your approval
a Proclamation, and ask that Your
Honorable Body, designate t h e
week of May 9, 1949 as Clean Up
Week in the City of Dubuque,
Iowa.
Respectfully submitted,
THOS. C. HICKSON
Chief of Fire Dept.
Councilman Van Duelman moved
that the communication of Fire
Chief Hickson be referred to the
Mayor. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Russo; Thompson, Van Duel-
man, Welu.
Nays-None.
Communication of Fire C h i e f
Hickson suggesting to the City
Council that all contracts for fire
protection, outside the City Limits,
not served by City Water, be dis-
continued, presented and read.
Councilman Welu moved that all ex-
isting contracts be renewed for
another year. Seconded •by Council-
man Van Duelman. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Communication of Chief of Police
Strub requesting that Council au-
thorize Officer W. J. Andresen
to attend President Truman's High-
way Safety Conference to be held
in Washington, D. C. on June 1,
2 and 3, 1949, presented and read.
Councilman Russo moved that the
request of Chief of Police Strub
be denied. Seconded by Council•
man Thompson. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
April 28, 1949.
Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen:
At a session of the City Council
of the City of Dubuque, Iowa, held
April 18; 1949 the following motion
was adopted:
That the petition of the Dubuque
Safety Council requesting that the
necessary proceedings be prepared
and adopted designating Windsor
Ave., as a boulevard •be referred
to the Chief of Police for invest-
igation and report.
I have made an investigation
and I recommend that Windsor Ave.
be designated a boulevard from
the North westerly line of Rhom-
berg Ave. to the South line of
Davis Ave.
Respectfully yours,
JOS. H. STRUB
Chief of Police.
Councilman Welu moved that the
recommendation of Chief of Police
Strub be approved and the proper
proceedings ordered prepared. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of a statement
of receipts an•d also a list of claims
far which warrants were drawn
during the month of March, 1949,
presented and read. Councilman
Thompson moved that the proof
of publication be received and
filed. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
184 Regular Session, May 2nd, 1949
Apri127, 1949
Honorable Mayor and
Members of the City Council
City of Dubuque, Iowa
Gentlemen:
In Re: Petition of Mrs. Mary
Hier requesting suspension of 1948
taxes because of age on the N 24'
of the East 170' of Lot 374, Davis
Farm Addition in the City o f
Dubuque, Iowa.
I recommend that said petition
be approved and that notification
thereof be given to the Board of
Supervisors of Dubuque County,
Iowa.
Yours truly,
John J. Kintzinger
City Solicitor.
Councilman Thompson move d
that the recommendation of City
Solicitor Kintzinger be approved
and the Board of Supervisors be
notified of the action of the City
Council. Seconded by Councilman
Welu. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None,
April 26, 1949
Honorable Mayor and Members
of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
Harry Buxton for $500.00 Por dam-
ages for injuries sustained by him
on December 29, 1948, on invest•
igation I find that he fell on a
sidewalk on the south side of 24th
Street about seventy feet east of
Central Avenue, at which time the
sidewalk was covered with rough,
rounded and uneven ice; that in
said fall he sustained a fracture
of his left arm near the shoulder
which required medical care and
attention, also sustained a shock
to his nervous system causing him
pain and suffering.
I have conferred with his at•
tarney with reference to this
matter, and they have agreed to
accept $130.00 in full settlement
of their claim against the City.
I recommend that the claim be
allowed in the sum oY $130.00 and
that a warrant .be issued payable
to the order of Robert H. Kint-
zinger, attorney for Harry Buxton,
and that the same be delivered
upon delivery to the City of a
release properly executed by
claimant.
Yours truly,
John J. Kintzinger
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$130.00 in favor of Robert H.
Kintzinger, Attorney for Harry
Buxton, as settlement in full of the
claim, and that said warrant be
delivered upon receipt by the City
of Dubuque of a properly executed
release. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Wharton, Couucil•
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Apri126, 1949
Honorable Mayor and Members
of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
Raymond N. Keating referred to
me for investigation and report,
I find that on January 8th, 1949
at about 6:45 A, M., claimant while
walking across the crosswalk on
West 17th Street at Jackson
Street slipped on an accumulation
of ice and snow deposited on said
crosswalk, which was in a danger-
ous condition, causing a fracture
of his right leg, requiring him to
incur medical expense; that he
also was required to remain away
from his work for seven days;
that his claim is for $376.00. That
I have had conference with his
attorney, and they have agreed to
accept $125.00 in full payment of
their claim.
I recommend that his claim be
allowed in the sum of $125.00,
that a warrant be issued payable
to John Heffernan, attorney
for Raymond N, Keating, and that
rho same be delivered upon deliv-
Regular Session, May 2nd, 1949 185
ery to the City of a release prop•
erly executed by claimant.
Yours truly,
John J, Kintzinger
City Solicitor.
Councilman Van Duelman moved
that the recommendation of city
Solicitor Kintzinger be approved
and the City Auditor instructed
to draw a warrant in the amount
of $125.00 in favor of John J.
Heffernan, Attorney for Raymond
N. Keating, as settlement in full
of the claim, and that said warrant
be delivered upon receipt by the
City of Dubuque of a properly ex-
ecuted release. Seconded by Coun-
cilman Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu,
Nays-None.
May 2, 1949.
Honorable Mayor and Members
of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
Karl Williams for $480.00 for dam-
ages for personal injuries sustained
.by him on or about February 10,
1949, at which time he fell on the
icy crosswalk on 10th Street be•
tween Main and Iowa and re-
ceived injuries to his back and
was compelled to incur medical
expenses. He also claims that he
lost a number of hours of work
because of this accident. I have
had conferences with him, and he
has agreed to accept $63.00 in full
payment of his claim against the
City; this is the amount of the
doctor bills.
' I recommend that his claim be
allowed in the sum of $63.00, that
a warrant be issued for said amount
payable to him and delivered to
him upon delivery to the City of
a release properly executed by him.
~' Yours truly,
John J, Kintzinger
i City Solicitor.
Councilman Thompson move d
that the recommendation of City
~. Solicitor Kintzinger be approved
and the City Auditor instructed to
~;
~'
I~"„
draw a warrant in the amount of
$63.00 in favor of Karl Williams,
as settlement in full of his claim,
and that said warrant be delivered
upon receipt by the City of Dubuque
of a properly executed release. Sec-
onded by Councilman Van Duelman.
Carried .by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson Van Duel-
man, Welu.
Nays-None.
May 2, 1949.
Honorable Mayor and Members
of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
one R. C. Irwin for $7.50 damages
received to his automobile on or
about March 29th, 1949 when he
ran into a deep hole on Asbury
Road, opposite Ogilby Road; As-
bury Road at that place was full
~ of chuck holes, and the hole that
claimant ran into was about four-
teen inches deep, and about two
and a half feet long and probably
a foot and a half wide. This con-
dition existed far some time prior
to the accident, and claimant in-
forms me that he called this mat-
ter to the attention of the City,
and that nothing was done to take
care of the street until immediately
after his accident. The cost of
fixing his car was $7.50.
I recommend that his claim be
allowed in the sum of $7.50 and
that a warrant be issued for that
amount payable to his order and
the same be delivered to him upon
delivery to the City of a release
property executed by him.
Yours truly,
John J. Kintzinger
City Solicitor
Councilman Thompson move d
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$7.50 in favor of R. C. Irwin, as
settlement in full of his claim, and
that said warrant be delivered upon
receipt by the City of Dubuque of
a properly executed release. Sec•
onded by Councilman Welu. Ca-r
ried by the following vote:
Yeas-Mayor Wharton, Council-
186 Regular Session, May 2nd, 1949
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
April 28, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
This is to advise that I have
approved the following policy and
bonds and desire to have your ap•
proval on same for filing:
PERSONAL
Hylda N. Luke, Recreational Di-
rector, Bond No. 2821-07-345.49, U.
S. Fidelity and Gwaranty Co.
Allen C. Kane, Clerk-Water De•
partment, Bond No. S 235-492, The
Century Indemnity Company
TAXI-CAB
Art Pitz (City Cab Company)
2955 Washington Street, Policy No.
106178, Reserve Insurance Company
EXCAVATION
Thos. Flynn Coal Company, U.
S. Guarantee Co, of New York.
Respectfully submitted,
A. A. RHOMBERG,
City Manager,
Councilman Van Duelman moved
that the bonds be approved and
placed on file. Seconded by Coun-
cilman Thompson, Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Dubuque, Iowa
May 2, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I herewith submit report of the
City Treasurer covering the fiscal
year beginning April 1, 1948 and
ending March 31, 1949.
Respectfully submitted,
A, A, RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the report be received and
placed on file. Seconded by Coun-
cilman Russo, Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None,
May 2, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the meeting of April 18th
the petition of Mrs. Elizabeth Clark
and others asking the extension
of a sanitary sewer on Lincoln
Avenue was referred to the Council
to view the grounds.
The Council, having viewed the
premises, decided Co order plats
and schedules prepared for the ex-
tension of sanitary sewers in Lin-
coln and Rhomberg Avenues north-
erly and westerly from the inter-
section of the two streets. I re-
commend that the decision of the
Council be confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the recommendation of City
Manager Rhomberg be approved.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None. -
May 2, 1949.
To the Honmrable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
At the meeting of April 18th
the petition of Louis J. Kirkwood
and others requesting the construct-
ion of sanitary sewers in Coates,
Cross and Simpson Streets was
referred to the Council to view
the grounds.
The Council, having viewed the
site and the adjacent areas, decided
to order a survey and report made
on the subject of providing sanitary
sewers far the watershed of which
the requested system is a part. I
recommend that the decision of
the Council be confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson move d
that the recommendation of City
Manager Rhomberg be approved.
i
Regular Session, May 2nd, 1949 187
Seconded by Councilman Russo.
Carried by the following vote:
Yeas-Mayor Wharton, Council•
man Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
May 2, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
s
Gentlemen:
k At the meeting of April 18th
the petition of Thos. J. Mulgrew
Company applying for permission
_ to erect a fuel oil storage tank
of 50,000 barrel capacity in Block
27 of Dubuque Harbor Company's
Addition was referred tc the Coun•
cil to view the grounds.
The Council, having viewed the
site, decided to grant the request
on the condition that the use of
the tank be limited to the storage
of fuel oil. I recommend that the
decision of the Council be con-
firmed.
Respectfully submitted,
A. A, RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the recommendation of City
Manager Rhomberg be approved.
Seconded by Councilman Russo.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu,
Nays-None.
May 2, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the meeting of April 18th
the petition of J. P. Burroughs
' and others requesting the grading
and curbing of English Lane from
Mt. Loretta to Southern Avenue
and to widen the street to forty
feet was referred to the Council
to view the grounds.
The Council have viewed the
site and concluded that an attempt
be made to acquire the necessary
right of way, fifteen Yeet in width,
on the easterly side of English
Lane in order that it be forty
feet wide throughout its length.
I recommend that the decision of
the Council be confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson move d
that the recommendation of City
Manager Rhomberg be approved.
Seconded by Councilman Russo.
Carried by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 2, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
To your honorable body the Plan•
ping & Zoning Commission respect-
fully recommends granting the at-
tached petition of Arthur Stecklein
et al, requesting vacation of Paul
Street between Lowell Street and
Klingenberg Terrace with the con-
dition that space be resrved for
steps or a walkway, and easements
for utilities be provided.
Yours truly,
THE DUBUQUE PLANNING
& ZONING COMMISSION
LOUIS C. STOFFREGEN
Secretary.
Councilman Van Duelman moved
that the recommendation of the
Planning and Zoning Commission
be approved and the proper pro-
ceedings ordered prepared. Second•
ed by Councilman Thompson. Car•
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 2, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
With reference to petition of Ed.
Krumbach et al, asking vacation
of alley running from back pro•
perty line of properties on the
west side of Grandview Ave. west-
erly between West Third Street
and Bennett Street, the Planning
& Zoning Commission finds the
188 Regular Session, May 2nd, 1949
alley in question a blind one since
it does not came out onto Grand-
view Ave, and therefore not read-
ily accessible, and recommends to
your honorable body the granting
of the petition.
Respectfully submitted,
THE DUBUQUE PLANNING
& ZONING COMMISSION
LOUIS C. STOFFREGEN
Secretary.
Councilman Van Duelman moved
that the recommendation of the
Planning and Zonning Cmnmission
be approved and the proper pro•
ceedings ordered prepared. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 2, 1949
To the Honorable Mayor
and City Council,
llubuque, Iowa.
Gentlemen:
Referring to attached petition of
Robert A. Weiler and Melvin D.
Harms requesting the vacation of
the alley between their properties
which lie between Brunswick Street
and Burden Ave, extending from
O'Neil Street to the alley between
Edith St. and O'Neil Street, the
Planning and Zoning Commission
respectfully recommends to your
honorable body the granting of the
petition. This remaining part of
the alley as originally laid out is
inaccessible and oP little use since
the other Aart has already been
vacated.
Yours truly,
THE DUBUQUE PLANNING
& ZONING COMMISSION
LOUIS C. STOFFREGEN
Secretary.
Councilman Welu moved that the
recommendation of the Planning
and Zoning Commission be ap-
proved and the proper proceed-
ipgs ordered prepared. Seconded
by Councilman Russo. Carried by
the fallowing vote:
Yeas-Mayor Wharton, Ceuncil-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 2, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The Planning & Zoning Com-
mission visited and studied the
area referred to in the petition
of Clarence A, Kintzle and feels
that this part of the city is suit-
able and desirable for modern a-
partment buildings, and respect-
fully recommends to your honorable
body that the area requested to be
rezoned to Multiple Residence class-
ification by Mr. Kintzle be en-
larged with the approval of St.
Anthony Catholic Church author-
ities to include the land bounded
by Seminary Street, St. Ambrose
Street, Rosedale Street and Avoca
Street.
Respectfully submitted,
THE DUBUQUE PLANNING
& ZONING COMMISSION
LOUIS C. STOFFREGEN
Secretary.
Mayor Wharton moved that the
Communication of the Planning
and Zoning Commission be referred
back to the Planning and Zoning
Commission to secure the approval
of St. Anthony Catholic Church au-
thorities as recommended. Second-
ed by Councilman Russo. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
(Awarding Contract)
RESOLUTION N0. 105.49
WHEREAS, proposals have been
submitted by contractors for the
improvement of Stetmore Street
(west side) from the north pro-
perty line of Theisen Street to the
south property line of Lombard
Street pursuant to Resolution No.
87.49 the Thos. Flynn Coal Com-
pany contractor, has submitted the
loweat bid for the furnishing of all
labor and materials and performing
the work as provided for in the
plans and specifications; now there-
fore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to the Thos. Flynn Coal Gom-
~f,
Regular Session, May 2nd, 1949 1$9
pony and the Manager be and he
is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption by the
City Council.
Approved and placed on file for
one week on April 1Sth 1949.
Passed and adopted this 2nd day
of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J, SHEA,
City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Wetu. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
(Awarding Contract)
RESOLUTION N0.106.49
WHEREAS, proposals have been
submitted by contractors. for the
improvement of Dunleith Street
from the west property line of
Southern Avenue to the end pur-
suant to Resolution No. 89-49 and
the Thos. Flynn Coal Company
contractor, has submitted the lowest
bid for the furnishing of all labor
and materials and performing the
work as provided for in the plans
and specifications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be awarded
to the Thos. Flynn Cnyl Company
and the Manager be and he is
hereby directed to execute a con-
tract on behalf of the City of
Dubuque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
become effective from and after
its passage and adoption by the
City Council.
Approved and placed on file Eor
one week on April 18th, 1949.
Passed and adopted this 2nd day
of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELD
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson move d
the adoption of the resolution.
Seconded by Councilman Van Duel-
man. Carried by the fallowing vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
(Awarding Contract)
RESOLUTION N0.107.49.
WHEREAS, proposals have been
submitted by contractors for the
construction of a storm seweage
system for the Hillcrest Annex-
ation 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 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 Morn-
ingview Road to Broadlawn Road
pursuant to Resolution No. 52-49
and the Thos. Flynn Coal Company
contractor, has submitted the low-
est bid for the furnishing of all labor
and materials and performing the
work as provided for in the plans
and specifications; now therefore,
~! BE IT RESOLVED by the City
I Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to the Thos. Flynn Coal Gom-
pony and the Manager be and he
is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete perform-
an~e of said work.
BE IT FURTHER RESOLVED
that this resolution being deemed
lqo Regular Session, May 2nd, 1949
urgent and of immediate necessity
.become effective from and after
its passage and adoption by the
City Council.
Approved and placed on file for
one week on April 18th, 1949.
Passed and adopted this 2nd day
of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk. II
Councilman Welu moved the a-
doption of the resolution. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
RESOLUTION N0. 115.49
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following, having complied
with the provisions of law relating
to the sale of cigarettes within the
City of Dubuque, be granted a per-
mit to sell cigarettes and cigarette
papers within said City and the
Manager is directed to issue such
permit on behalf of said City.
Name Address
Joseph P. MacInerney and Mi•
chael Burton, 399 East 20th Street
The Kroger Company (Effective
6.1-49), 270 West 7th Street
Albert 0, Barnett, 731 Rhomberg
Avenue
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plications be approved.
Passed, adopted and approved
this 2nd day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELD
Councilmen,
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
RESOLUTION N0. 116.49
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW,
THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that
the following applications be grant-
ed and the licenses are to be issued
upon the compliance with the terms
of the ordinances of this City.
CLASS "B" PERMIT
Name Address
Joseph P. MacInerney and Mi-
chael Burton, 399 East 20th Street
Harry N. Gantert and Lucile
Gantert, 1301 Rhomberg Avenue
Merlyn L. Weber, 1904 Central
Avenue
Robert J. Bowen, 1105 Univer-
sity Avenue
John Henkel and Alma Henkel,
2222 Central Avenue
George T. Vrotsos and Spiros D.
Coven, 605 Main Street
CLASS "B" PERMIT
FOR PRIVATE CLUB
Navy Club of Dubuque, Ship No.
67, 1201 Central Avenue
Rod and Gun Club of Dubuque,
Iowa, 1103 Iowa Street
Dubuque Metal Trades Council
Club, 111 West 6th Street
CLASS "C" PERMIT
Carl Van Duelman, 590 Seminary
Street
Stanley J. Meis, 605 West Locust
Street
R. Daniel Winders, 2204 Central
Avenue
Earl T. Avery, 1602 Lincoln Ave.
The Kroger Co. (Effective 6-1-
149), 270 West 7th Street
Passed, adopted and approved
this 2nd day of May, 1949.
ALBERT WHARTON
Mayor,
F. W. THOMPSON
' FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
Kegular Session, May 2nd, 1949 lql
Councilman Van Duelman moved
the adoption of the resolution, Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
RESOLUTION N0.117-49
WHEREAS, heretofore applica•
tions for Beer Permits were filed
by the within named applicants
and they have received the ap-
proval of this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to comply
with the ordinances of this City
and they have filed a proper bond':
NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that
the Manager be and he is hereby
directed to issue to the following
named applicants a Beer Permit.
CLASS "B" PERMIT
Name Address
Joseph P. MacInerney and Mi-
chael Burton, 399 East 20th Street
Harry N. Gantert and Lucile
Gantert, 1301 Rhomberg Avenue
Merlyn L. Weber, 1904 Central
Avenue
Robert J. Bowen, 1105 Univer•
sity Avenue
John Henkel and Alma Henkel,
2222 Central Avenue
George T. Vrotsos and Spiros
D. Coven, 605 Main Street
CLASS "B" PERMIT
FOR PRIVATE CLUB
Navy Club of Dubuque, Ship No.
67, 1201 Central Avenue
Rod and Gun Club of Dubuque,
Iowa, 1103 Iowa Street
Dubuque Metal Trades Coun-
cil Club, 111 West 6th Street
CLASS "C" PERMIT
Carl Van Duelman, 590 Seminary
Stroet
Stanley J. Meis, fi05 West Locust
Street
R. Daniel Winders, 2204 Central
Avenue
Earl T. Avery, 1602 Lincoln Ave.
The Kroger Co. (Effective 6-1-
49), 270 West 7th Street
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the same are here-
by approved.
Passed, adopted and approved
this 2nd day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P, WELU
Councilmen,
Attest: J. J. SHEA
City Clerk.
Councilman Van Duelman moved
that the adoption of the resolution.
Seconded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council•
men, Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Resolution No. 118.49
Preliminary approval of proposed
plans, specifications, form of con•
tract, plat and schedule and all
other documents for the improve-
ment of West Third Street from
the east property line of Algona
Street to the west property line
of Grandview Avenue, estimated
cost $9,230.27, presented and read.
Councilman Thompson moved the
adoption of the resolution, Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men, Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 119.49
WHEREAS, proposed plane, spec-
ifications, form of contract, plat
and schedule have been 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. Eaeh 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 mat-
erial to ,be used.
6. In each case the amount
thereof which is estimated to be
192 Regular Session, May 2nd, 1949
assessed each lot, for the improve-
ment of West Third Street from
the east property line of Algona
Street to the west property line
of Grandview Avenue.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of pro-
perty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed re-
solution have on file with the City
Clerk obleetions to the amount of
the proposed assessments, the y
shall be deemed to have waived
all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense
of making said improvement will
be assessed upon and against all
privately owned property l y i n g
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 ad-
jacent 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. Bonds shall be
issued and sold in anticipation of
deferred payments of assessments
when a contract has been perform•
ed and accepted and the proceeds
thereof used to pay the contractor.
The above resolution was in-
troduced, approved and ordered
placed on file with the City Clerk
this 2nd day of May, 1949.
Approved:
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J, J. SHEA,
City Clerk,
Councilman Van Duelman moved
that the resolution be approved
and placed on file for final action.
Seconded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None. -
(Fixing date of hearing)
RESOLUTION N0. 1209
WHEREAS, THE City Council
of the City of Dubuque, Iowa, has
by Resolution No. 118.49 given its
preliminary approval on the pro-
posed plans specifications and form
of contract and placed same on file
in the office of the City Clerk
for public inspection, for the im•
provement of West Third Street
from the east property line of
Algona Street to the west property
line of Grandview Avenue and,
WHEREAS, the proposed Res-
olution of Necessity for said im-
provement has been introduced and
is now on file in the City Clerk's
office for public inspection,
BE IT THEREFORE RESOLVED
that on the 23rd day of May, 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 pro-
perty subject to assessment far the
proposed improvement may appear
and make abjection to the proposed
plans and specifications and pro-
posed form of contract and at the
same time to the boundaries of
the proposed district, to the coat
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 of such hearing to be
published in some newspaper pub-
lished in the city of Dubuque, the
last of which shall be not less than
(2) nor more than four(4) weeks
prior to the day fixed for its con-
sideration and unless property own•
ere at the time of final considera•
lion of said resolution have on
file with the Clerk objections to
the amount of the proposed as-
sessment, they shall have been
deemed to have waived all objec•
lions thereto, at which hearing the
Regular Session, May 2nd, 1949 193
Council will hear such objections
and enter on record its final de•
cision thereon.
Passed, adopted and approved,
this 2nd day of May, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Thompson move d
the adoption of the resolution, Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Resolution No. 121.49
Preliminary approval of proposed
plans, specifications, form of con-
tract, plat and schedule and all
other documents for the improve-
ment of Simpson Street (north
side) from the west property line
of Fremont Avenue to the east
property line of Cross Street, es-
timated cost $5,296.94, presented
and read. Councilman Van Duelman
moved the adoption of the resolu-
tion. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 122.49
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 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-
seased together with a valuation
fixed by the council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount there-
of which is estimated to be assessed
against each lot, for the improve•
ment of Simpson Street (north
side) from the west property line
of Fremont Avenue to the east
property tine of Cross Street
BE IT THEREFORE RESOLVED
that the City Council on its own
tnotion or upon petition of property
owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed re -
solution have on file with the City
Clerk objections to the amount of
the proposed ,assessments, the y
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 Council
and are now on file with the City
Clerk. That the cost and expense
of making said improvement will
be assessed upon and against all
privately owned property lying
within assessable distance provided
by law and in an amount not to
exceed the amount provided by
law, property will be assessed
whether the same abuts thereon
or is adjacent thereto according
to area and in proportion to the
special benefits conferred thereby,
and any deficiency shall be paid
out of the general fund, improve-
ment funds or sewer funds, or
partly out of each of said funds.
Bonds shall be issued and sold in
anticipation of deferred payments
of assessments when a contract
has been performed and accepted
and the proceeds thereof used to
pay the contractor.
The above resolution was intro-
duced,approved and ordered placed
I (~(
--------
on file with the
2nd day of May,
Approved:
Regular Session, May 2nd, 1949
City Clerk this
1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELD
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Van Duelman moved
that the resolution be approved and
placed on file for final action. Seo•
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Whartou, Counci]•
men Russo Thompson Van Duel•
man, Welu.
Nays-None.
(Fixing date of hearing)
RESOLUTION N0. 123.49
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 121-49 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 pub-
lic inspection, for the improvement
of Simpson St. (north side) from
west property line of Fremont Ave-
nue to the east property line oY
Cross Street and,
WHEREAS the proposed Resolu-
tion of Necessity for said improve
ment has been introduced and is
naw on file in the City Clerk's
office for public inspection,
BE IT THEREFORE RESOLVED
that on the 23rd day of May 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 ap-
pear and make objection to the
proposed plane and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district to the
cast of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of 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 consideration
and unless property owners at the
time of final consideration of said
resolution have on file with the
Clerk objections to the amount of
the proposed assessment they
shall have ,been deemed to have
waived all objections thereto at
which hearing the Council will hear
such objections and enter on
record its final decision thereon.
Passed, adopted and approved
this 2nd day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Van Duelman moved
the adoption of the resolution. Sec•
onded by Councilman Russo. Car•
ried by the fallowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Resolution No. 124.49
Preliminary approval of proposed
plans, specifications, form of con-
tract, plat and schedule and all
other documents for the improve-
ment of Cross Street (east side)
from the south property line of
Coates Street to the north pro-
perty line of Simpson Street, es-
timated cost $1,760.34, presented
and read. Councilman Van Due]•
man moved the adoption oP the
resolution. Seconded by Councilman
Welu. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 125.49
WHEREAS, proposed plans, spec•
ificationa, form of contract, plat
and schedule have been duly pre
pared and approved by the City
Council of the City of Dubuque
j
Regular Session, May and, 1949 195
and are now on file in the office
of the City Clerk showing among
other things the following:
i. The boundaries of the district,
if any.
2. The streets to be improved.
3. The width of such improve-
ment.
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of
the proposed improvement, stating
the same for each different type
of construction and kind of material
to be used.
6. In each case the amount there•
of which is estimated to be assessed
against each lot for the improve-
ment of Cross Street (east side}
from the south property line oP
Coates Street to the north property
line of Simpson Street.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of pro-
perty owners, deems it advisable
and necessary for the public wel•
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed re•
solution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
ail objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk, That the cost and expense
of making said improvement will
be assessed upon and against all
privately owned property lying with-
in 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 ad•
jacent thereto according to area
and in proportion to the specie.
benefits conferred thereby, and any
deficiency shall be paid out of the
general fund, improvement fund:
or sewer funds, or partly out o:
each of said funds. Bands shall be
issued and sold in anticipation of,
deferred payments of assessments
;vhen a contract has been performed
and accopted 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
2nd day of May, 1949.
Approved:
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELD
Councilmen
Attest: J. J. SHEA
City Clerk.
Councilman Thompson move d
that the resolution be approved and
placed on file far final action. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
(Fixing date of hearing)
RESOLUTION N0. 126.49
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 124-49 given its pre-
liminary approval on the proposed
plans specifications and form oP
contract and placed same on file
in the office of the City Clerk
for public inspection, for the im-
provement of Cross Street (east
side) from tho.south property line
of Coates Street to the north pro-
property line of Simpson Street and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced and
is now on file in the City Clerk's
office. for publication inspection,
BE IT THEREFORE RESOLVED
that on the 23rd day of May, 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 pro•
perty subject to assessment far the
proposed improvement may appear
and make objection to the proposed
plans and specifications and pro•
posed form of contract and at the
same time to the boundaries of the
196 Regular Session, May 2nd, 1949
proposed district, to the cost of
the improvement to the amount
proposed to be assessed against any
lot and to the passage of the pro•
posed Resolution of Necessity and
the City Clerk be and he is hereby
directed to cause a notice of the
time and place of such hearing to be
published in some newspaper pub•
lished in the city of Dubuque, t h e
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 consid•
eration of said resolution have on
file with the Clerk objections to the
amount of the proposed assessment,
they shall have been deemed to have
waived all objections thereto, at
which hearing the Council will hear
such objections and enter on record
its final decision thereon.
Passed, adopted and approved
this 2nd day of May, 1949.
ALBERT WHARTON
Mayor.
F, W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen,
Attest: J. J. SHEA
City Glerk.
Councilman Thompson move d
the adoption of the resolution. Sec•
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 2, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The completed plans and spec-
ifications for the proposed water
softening plant are now at hand.
A copy is hereby submitted for
consideration by the council.
To finance this project it is es-
timated that $600,000.00 of revenue
bonds would need to be issued and
sold. In order to amortize such
debt and pay the costa of operating
the water softening plant, an in-
crease of one-third in water rates
wouid become necessary. If the
council desires to proceed with
this project, it is suggested that
an ample period of advertising
for proposals be provided and that
the bids for the construction and
for the bond sale be received on
the same date so that the cost of
financing and of construction may
be analyzed together.
Your further instructions in
this matter are awaited.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Russo moved that
the communication of City Manager
Rhomberg, together with the pro•
posed plans and specifications, be
referred to the Council for their
consideration. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu,
Nays-None.
Mrs. Mary Gruber addressed the
Council stating that she wished to
make objections to any change in
the Mt.~ Carmel Bus Route.
Mr. C. E. Dove, Manager, Inter-
state Power Company, addressed
the Council, with reference to the
petition of the Interstate Power
Company asking for some financial
relief for their Bus Tr~.nsportation
Department, and submitted data
and figures in support of their
request for a ten cent single fare
or three tokens for a quarter. After
a lengthy discussion, and consid-
eration by the council of the
facts presented by both the In-
terstate Power Company and in-
terested persons in the Council
Chamber, Councilman Welu moved
that the bus fares for the Interstate
Power Company be placed at tour
tokens for a quarter, with a single
fare of ten cents, and that the
City Solicitor be instructed to pre-
pare an amendment to the present
bus fare ordinance for Council con•
sideration, Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
198 Special Session, May 16th, 1949
City Council
(OFFICIAL)
Special Session, May 16th, 1949.
Council met at 7:30 P. M.
Present~Mayor Wharton, Coun-
cilmen Russo, Thompson, Van Duel-
man, Welu, City Manager Rhom-
berg.
Meeting called by order of Coun-
cilmen Van Duelman and Thomp-
son.
Mayor Wharton read the call and
stated that service thereof h a d
been duly made and that this meet-
ing is called for the purpose of
considering an ordinance establish-
ing and fixing rates to be charged
for the furnishing of bus transporta-
tion to passengers on busses oper-,
ated by the Interstate Power Com-
pany in the City of Dubuque and
acting on any other business as
may properly come before a r~
gular meeting of the City Councih
Ordinance No. 17.49
An Ordinance establishing and
fixing rates to be charged for
the furnishing of bus transporta-
tion to passengers on busses op•
crated by the Interstate Power
Company in the City of Dubuque;
repealing all Ordinances in conflict
herewith; prescribing a penalty for
violation hereof, and declaring an
emergency, presented and read.
Councilman Thompson moved that
the reading just had be considered
the first reading of the ordinance.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
that the rules be suspended re-
quiring an ordinance to be read
on three seperate days. Seconded
by Councilman Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
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 Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
that the rules be suspended Far
the purpose of allowing any one
present in the Council, who wishes
to do so, to address the Council.
Seconded by Councilman Van Due]•
man. Carried by the fallowing vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.,
Mr, Louis Guasto and others,
committee representing the Du-
buque Conservation Society, ad•
dressed the Council asking that
Lake Peosta be dredged and opened
up in order to provide open water
fishing, skating and other recreat-
ional activities. Councilman Russo
moved that matter of dredging and
opening up of Lake Peosta as
requested be referred to the Coun•
cil to view the grounds. Seconded
by Councilman Thompson. Carried
by the fallowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Mr. John Petrakis and oh h s,
managers of soft ball teams, ad•
dressed the council protesting
to the increase in entry fees from
$35.00 to $50.00 for softball teams,
to the lack of sanitary facilities at
Comiskey and Rafferty fields, to
the inadequate lighting at Comiskey
Field, to the placing of sand and
gravel as repairs on the playing
fields. and the administration of
recreation in general. Councilman
Russo moved that the protests be
referred to a joint meeting of the
City Council and the Recreation
Commission far discussion, s a i d
meeting to be held during the week.
Seconded by Councilman Van Duel•
man. Carried by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Special Session, N1ay 16th, 1949 199
Property owners residing o n
Kano Street addressed the Council
asking that water mains be laid
in said street as soon as possible.
Property owners were advised by
the Council that the Water Com-
pany have already planned to ex-
tend water mains in Kane Street,
that the water pipe is on hand
and work would be started b y
August providing that the necessary
right-of-way and waivers are se-
cured from property owners.
Councilman Russo moved that
the verbal request presented to the
Council for the opening of a street
from Primrose Street to Kan e
Street be referred to the Council
to view the grounds. Seconded by
Councilman Thompson, Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Notice of Claim of Mrs. Nellie
Tucker in an unstated amount for
injuries received in a fall on the
curbing at the corner of East 15th
and Maple Streets, presented and
read. Councilman Russo moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded ;by Ceuncil-
man Welu. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Notice of Claim of George Ellison
in the amount of $18.00 for injuries
received in a fall on a defective
sidewalk on the corner of Lincoln
Avenue and Kniest Street, present-
ed and read. Councilman Russo
moved that the Notice of Claim
be referred to the City Solicitor
far investigation and report. Sec•
onded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Notice of Suit of The Key City
Gas Company, Plantiff; vs. Mancini
Ventrella & Sons, Joseph Ventrella,
Angelo D. Ventrella, Defendants,
City of Dubuque, Iowa, Third Party,
Defendant, in the amount of $937.22
and cost of the action far damages
for injury to its pipes and mains
on Asbury Road, presented and
read. Councilman Russo moved that
the Notice of Suit be referred to
the City Solicitor. Seconded by
Councilman Van Duelman, Carried
by the following vote:
Yeas-Mayor Wharten, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Communication of Durrant and
Berquist, by Raymond G. Bergquist,
advising the City Council that they
wish to volunteer their services
in assisting the City Council in
the drafting of a new city building
code, presented and read. Council•
man Van Duelman moved that the
communication be referred .to the
Council. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Communication of Frank B. Ulish,
Field Director, Division of Safety
Education, Department of Public
Safety, Des Moines, Iowa, Advising
that Dubuque won a Second Award,
(tied with Sioux City) in the 1948
Traffic Contest and that Field re-
presentative, Mr. Al Lowell, will
call within the next few days
to make arrangements for presenta-
tion of same at a public dinner or
service club luncheon, presented
and read. Councilman Van Duelman
moved that the communication be
referred to the Mayor. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Petition of Hiram A. Winge
and others, property owners in the
Hoyt and Ungs street area, asking
the City Council to cause a sanitary
sewer to be constructed to serve
their properties, presented and read.
Councilman Van Duelman moved
that a plat and schedule be ordered
prepared showing the cost of con•
struction of a sanitary sewer Por
I~
20o Special Session, May 16th, 1949
the Hoyt and Ungs Street area as
requested. Seconded •by Councilman
Welu. Carried by the fallowing
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Petition of Mr, and Mrs. Milton
R, Hartley requesting permission
t~'om the City Council to secure
a building permit for one Lustron
Home for their own use, presented
and read. Councilman Thompson
moved that the petition be received
and filed. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Petition of Mary Agard Tent No.
35 Daughters of Union .Veterans
requesting permission for the hold-
ing of a tag day sale on June 11th,
1949, presented and read. Council•
man Van Duelman moved that the
request be granted. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Wharton, Councib
man, Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Petition of E. D. Markward re•
questing that city water service
be extended to house number 35
Lindberg Terrace, presented and
read. Councilman Van Duelman
moved that the petition be referred
to the Water Superintendent for
investigation and report. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Petition of Arnold Maus and
others residents on the s t r e e t
known as N. Burden stating that
they wish to •be taken into the
City also the joint petition of
Andrew J. Finzel and others, pro•
perty owners on Davis Avenue stat-
ing that they wish to be taken into
the city, presented and read. Coun-
cilman Welu moved that the peti-
tions be referred to the Council to
view the grounds. Seconded by
Councilman Russo, Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Mr. W. H. Elfmann addressed the
Council with reference to the cost
of running a new copper water line
from the water main on Bluff Street
to serve his property located on
Locust Street near 13th Street and
asking that he be reimbursed in
the amount of $250.00, as he has
been informed that this has been
done on similar occasions. Coun-
cilman Russo moved that the verbal
request of Mr. W. H. Elfmann be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Wharton, Coun-
cilmen Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ordinance No. 16.49.
An Ordinance creating and es-
tablishing "Cherry-Green S t r e e t
Sower District," which district em-
braces all of the ]ands within the
drainage area of the sewer system
to be constructed within the same,
declaring that all lands within said
district are benefited by the sewers
to be constructed therein and sub-
ject to special assessments for
the payment of the cost of such
sewer and appurtenances thereto
and defining all of such lands
which are subject to be furnished
with sewer connections or drainage
by said sewer system to the ad-
jacent property, said ordinance hav-
ing been passed upon first reading
on May 2nd, 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.
ORDINANCE NO. 18.49
An Ordinance creating and estab-
lishing "Cherry-Green Street Sewer
District," which district embraces
all oP the lands within the drainage
area of the sewer system to be
constructed within the same, de-
claring that all lands within said
district are benefited by the sew-
ers to be constructed therein and
subject to special assessments for
Special Session, May 16th, 1949 201
the payment of the cost of such
sewer and appurtenances thereto
and defining al] of such ]ands which
are subject to be furnished with
sewer connections or drainage by
said sewer system to the adjacent
property.
Be It Ordained by the City Council
oP the City of Dubuque:
Sea 1. That there be and there
is hereby created and established a
sewer district within the City of Du-
buque, said district to be known and
designated as "Cherry-Green Street
Sewer District," and all lots, lands
and parcels of real estate situated
within and bounded as hereinai'ter
defined shall be deemed to comprise
said district and the same are hereby
found and declared to be benefited
by the sanitary sewers and appur-
tenances thereto to be laid and con-
structed within said district, such
district being circumscribed by a
line drawn as follows:
Beginning at the northwest csuer
of lot number 140 of Finley's Addi-
tion and running in a southeasterly
direction along the southerly line
of the alley south of Asbury Street
to the westerly line of Poplar Stree[;
thence continuing across Poplar
Street and continuing along the
southerly line of said alley to the
northeast corner of lot number 182
of Finley's Addition; theuce south-
erly along the westerly line of the
alley west of Asbury Street across
Green Street and across Cherry
Street to the northeast corner cf lot
number 222 of Flnley's Addition;
thence westerly along the southerly
line oY the alley south of Cherry
Street to the northwest corner of lot
number 223 of Finley's ;Additio^
thence southerly along the tine be-
tween lots numbered 223 and 224 of
Finley's Addition a distance of 109
feet; thence westerly along a line
parallel to the alley line a distance
of 66 feet to the easterly line oP Fin-
ley Street; thence across b'inley
Street to a point on the westerly line
of Finley Street located at the south-
easterly corner of the North GO feet
of lot number 225 of Finley's Addi-
tion; thence westerly to [he south-
westerly corner of the north GO fee!
of lot number 227 of Finley's Addi-
tion; thence northerly to the north-
erly line of the alley south of Cherry
Street; thence westerly ,along the
northerly line of said alley to the
southeasterly corner of lot number
209 of Finley's Addition; thence
northerly along the line between lots
numbered 209 and 2I0 of Flnley's Ad-
dition to the southerly line of Cherry
Street; thence westerly along the
southerly line of Cherry Street to the
easterly line of the alley at the cor-
poration limits; thence north along
the east line of said alley crossiug
Cherry Street, Green Street and Kar-
rick Street, and continuing to the
point of beginning.
Sec. 2. That there will be con-
structed within said delimited district
sanitary sewers, lift station and force
main as follows:
A reinforced concrete lift statim7
in accordance with the plans and
specifications prepared therefore, said
lift station to be located at the in-
tersection oP the center lines of the
alley at the corporation limits and
the alley between Cherry and Green
Streets.
Eight (8) inch vitrified file sanitary
sewer lines to be laid in the follow-
ing locations:
Beginning at the lift station lo-
cated on the intersection of the cen-
ter lines of the alley at the corpora-
tion limits and the alley between
Cherry and Green Streets; thence
easterly along the center line of the
alley between Cherry and Green
Streets to a point 5 feet westerly
from the prolongation of the line
between lots number 205 and 20G of
Finley's Addition; thence southerly
along a line 5 feet westerly of and
parallel to the easterly line of lot
number 206 of Finley's Addition to
the center of Cherry Street; thence
easterly along [he center line of
Cherry Street to a point on the pro-
longation of the line betweeu lots
numbered 220 and 221 of Finley's Ad-
dition; also westerly along the cen-
terline oP Cherry Street to a point
on the prolongation of the line be-
tween lots numbered 1 of 208 and 2
of 203 of Finley's Addition; also from
the intersection of the centerlines
of Cherry Street and Finley Street
southerly along the centerline of Fin-
ley Street to the centerline oP the
alley south oY Cherry Street.
Beginning at said lift station and
running north In the alley at the cor-
poration limits to the center line of
Green Street; thence easterly alarg
the center line of Green Street to a
point on the Urolongation of the pine
between lots numbered 197 and 2 of
198 of Finley's Addition; also fcom
the intersection of the center linos
of Green and Finley Streets northerly
along the center line of Finley Street
to the intersection with Poplar and
Karrick Streets; thence northerly
along the center line of Poplar Street
to a point on the prolongation of the
line subdividing the northeast 102
feet and the southwest 65 feet-9
inches of lot number 19b of Finley
Addition; also westerly frown the in-
tersection of Finley and Poplar
Streets along a line 12 feet southerly
from and parallel to the northerly
line of Karrick Street tc a point on
the Prolongation of the line between
lots numbered 141 and 142 of Finley
Addition.
A six inch cast iron force main to
be laid on a line beginning at the
lift station located m~ the intersec-
tion of the center lines of the alley
at the corporation limits and the
alley between Cherry and Green
Streets and running north along the
center line of the alley at the cor-
poration limits a distance of 880 feet,
and continuing north from this point
with an eight inch vitrified file sewer
main across Asbury Street to the
existing sanitary sewer manhole lo-
cated at the intersection of said allay
and the center line of Seminary
Street.
Sec. 3. That the rost oP construc-
tion and installation of said sewer
system within said district shall be
distributed upon the lots, lands and
parcels of real estate benefited there-
by and all property which is sub-
ject to be furnished with connection
to said sewer system or which may
be drained and served thereby shall
be subject to assessment therefor
202 Special Session, May 16th, x949
and shall be considered as adjacent
property.
Sec. 4. That any part of the cost
of construction of said sewer sys-
tem which cannot be assessad against
the lots, lands and parcels of real
estate within said district may be
paid by the City of Dubuque out of
the Consolidated Fund.
Sec, 5. This Ordinance shall be in
force and ei'fect ten days from and
after its passage and adoption by
the City Council of the City of llu-
buque and publication as Provided by
taw.
Passed upon first reading this 2nd
day of May, 1949.
Passed, adopted and approved upon
final reading this 16th day of May,
1949.
ALBERT WHARTON
Mayor
F. W. TH0IIPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELL'
Councilmen
Attest: J. J. SHEA, City Clerk
Published officially in The Tele-
graph-Herald newspaper this 19th
da}• of May, 1949,
J. J. SHEA,
It may 19 City Clerk
Councilman Van Duelman moved
the adoption of the ordinance. Sec•
onded by Councilman Russo. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu,
Nays-None.
Ordinance No. 18-49
An Ordinance providing for the
vacation of the alley between Ben-
nett Street and West Third Street,
from the easterly line of Lot 1 and
Lot 16 to the westerly line of
lot 8 and 9 in Hodge's Subdi-
vision No. 2 in the City of Dubuque,
Iowa, and conveying said alley to
the abutting property owners, pro-
rented and read. Councilman
Thompson moved that the reading
just had be considered the first
reading of the ordinance. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Wharton, Ceuncil-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Councilman Thompson move d
that the rules be suspended re-
quiring an ordinance to be. read
on three seperate days. Seconded
by Councilman Van Duelman, Car•
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Councilman Thompson move d
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 Welu. Carried .by
the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Ordinance No. 19.49
An Ordinance providing for the
vacation of the alley between
Brunswick Street and Burden
Ave. extending from O'Neill Street
to the alley between Edith Street
and O'Neil Street and fora convey-
ance of said alley to the abutting
owners, presented and road. Coun•
cilman Thompson moved that the
reading just had be considered the
first reading of the ordinance. 5ec•
onded by Councilman Welu. Car•
ried by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Councilman Thompson move d
that the rules be suspended re•
quiring an ordinance to be read
on three seperate days. Seconded
by Councilman Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Due]•
man, Weld.
Nays-None.
Councilman Thompson move d
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 Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ordinance No, 20.49
An Ordinance providing for the
vacation of Paul Street between
Lowell Street and K l i n g e n b e r g
Terrace, presented and read. Coun•
cilman Thompson moved that the
reading just had be considered the
first reading of the ordinance. Sec-
Special Session, May 16th, 1949 203
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Councilman Thompson move d
that the rules be suspended r~
quiring an ordinance to be read on
three separate days. Seconded by
Councilman Van Duelman. Carried
by the Following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, W`elu.
Nays-None.
Councflman Thompson moved
that the ordinance be placed on
file with the City Clerk for public
inspection for at least one week
before it's final adoption. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu,
Nays-None.
Councilman Thompson move d
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 Welu. Carried by the
fallowing vote:
Yeas-Mayor Wharton, Coun-
cilmen Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ordinance No. 22.49,
An Ordinance changing the grade
of West Third Streot from the
east property line of Algona Street
to the west property line of North
Grandview Avenue, presented and
read. Councilman Thompson moved
that the reading just had be con-
sidered the first reading of the
ordinance. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Wharton, Counci]•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ordinance No, 21.49
An Ordinance amending the Traf•
fic Code of the Gity of Dubuque
by designating Windsor A v e n u e
from the north-west line of Rhom-
berg Avenue to the south line of
Davis Street a "Through Highway,''
requiring all vehicles to stop before
entering or crossing the same, pro-
viding for the posting of stop signs,
and for a penalty for a violation
of the terms of this Ordinance,
presented and read. Councilman
Thompson moved that the reading
just had be considered the first
reading of the ordinance. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
that the rules be suspended ro-
requiring an ordinance to be read
on three separate days. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Councilman Thompson move d
that the rules .be suspended re•
quiring an ordinance to be read on
three seperate days. Seconded by
Councilman Russo. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
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 Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russc, Thompson, Van Duel•
man, Welu.
Nays-None.
Ordinance No. 23.49.
An Ordinance establishing
a grade on Crass Street from the
south property line of Coates Street
to the north property line of Simp•
son Street, presented and read.
Councilman Thompson moved that
the reading just had be considered
the first readtng of the ordinance.
204 Special Session, May 16th, 1949
Seconded by Councilman Van Duel-
man. Carried by the following:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson moved
that the rules be suspended re•
quiring an ordinance to .be read
on three separate days. Seconded
by Councilman Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None. '
Councilman Thompson move d
that the ordinance be placed on
file with the City Clerk for public
inspection for at ]east one week
before its final adoption. Seconded
by Councilman Russo, Carried by
the fallowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ordinance Na. 24-49
An Ordinance establishing a
grade on Simpson Street from the
intersection of Fremont Avenue
to Station 21+93 at the west ,end
oY Simpson Street, presented and
read. Councilman Thompson moved
that the reading just had be con-
sidered the first reading of the
ordinance. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas~Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
that the rules be suspended re-
quiring an ordinance to be read
on three separate days. Seconded
by Councilman Welu. Carried .by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
that the ordinance be placed on
file with the City Clerk far public
inspection for at least one week
before its final adoption. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 13, 1949
Honorable Mayor and Members
of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
Charles R, Rittenhouse submitted
to me for investigation and report,
on Monday January 31st, 1949 at
about 7:00 P, M. claimant while
walking in a westerly direc-
tion on the sidewalk on the
north aide of 29th Street be-
tween White Street and Jackson
Street, stepped on some rough,
rounded and uneven ice and fell
to the sidewalk, and received in-
juries to his back which required
him to have medical and surgical
attention, and which incapacitated
him for approximately four and
one half weeks from his work;
that his attorney claims that he
is entitled to $1,000.00 damages
because of the injuries received
and the pain and suffering sus-
tained ,by him. This sidewalk was
in a dangerous condition at the
time in question. After conferences
with his attorney, they have agreed
to settle this matter for $250.00.
I recommend that this claim be
settled for two hundred and fifty
($250.00) dollars, and that a warrant
be issued payable to John K.
Chalmers, attorney for Charles R.
Rittenhouse for $250.00, and that
the same be delivered to him upon
'I delivery to the City of a release
properly executed by claimant.
Yours truly,
John J. Kintzinger
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$250.00 in favor of John K.
Chamlers, Attorney for Charles R.
Rittenhouse, as settlement in full
of the claim, and that said warrant
be delivered upon receipt by the
Special Session, May 16th, 1949 ~~5
City of Dubuque of a properly ex- Street to 12th Street and that the
ecuted release. Seconded by Coun- present Mt. Carmel-Fremont and
cihnan Welu. Carried by the fol- Cleveland Avenue route s
lowing vote: revert back to the prewar Fremont
Yeas-Mayor Wharton, Councilmen and Cleveland-Mt. Carmel lines with
Russo, Thompson, Van Duelman, the variation that Lombard Street
Welu. and the southerly end of Algona
Nays-None. Street would be afforded bus ser-
vice on the Fremont route.
May 16, 1949, There appears to be no dispute
To the Honorable Mayor about the changes proposed for the
and City Council, Main, Linwood and Point routes.
Dubuque, Iowa. The written objection received deals
Gentlemen: with the Fremont and Cleveland-
Herewith is submitted Profile No, Mt. Carmel lines. A sutdy of
1322 showing the proposed grade these proposals indicates that while
on West Third Street from Algona there would be no north bound
F Street to North Grandview Avenue, bus service on Grandview Avenue
~ Profile No. 1333 showing the pro- from Bryant Street to Delhi Street,
~ posed grade on Cross Street from service for the greater number of
Coates Street to Simpson Street bus patrons in the area would be
and Profile No. 1334 showing the expedited and further that mare
proposed grade on Simpson Street people would be helped than those
from Fremont Avenue to the end who might be somewhat diatom-
. of Simpson Street. moiled.
I recommend that the proposed For the reasons outlined I re-
grades be approved as shown on commend that the ordinance desig•
the profiles and ordinances be pas- nating bus routes be re-written to
sed establishing such grades. include the changes as proposed
s Respectfully submitted, by the Interstate Power Company.
R. J. GALLAGHER, Respectfully submitted,
City Engineer. A. A. RHOMBERG
Councilman Thompson moved City Manager.
that the recommendation of City Councilman Thompson move d
Engineer Gallagher be approved. that the recommendation of City
Seconded by Councilman Welu. Car- Manager Rhomberg be made amat-
ried by the following vote: ter of record and City Solicitor in-
Yeas-Mayor Wharton
Council- stru~ted to prepare proper ordi-
, nances. Seconded by Councilman
men Russo, Thompson, Van Duel• Welu. Carried by the following
man, Welu. vote:
- Nays-None. Yeas-Mayor Wharton, Council-
May 16, 1949. men Russo, Thompson, Van Duel-
t To the Honorable Mayor man, Welu.
and City Council, Nays-None.
Dubuque, Iowa, Petition of Stanley Terris and
Gentlemen: others objecting to the proposed
The petition of the Interstate bus route changes of the Cleveland,
' Power Company submitting p r o• Grandview and Fremont bus ached-
posed changes in bus routes was ule, presented and read. Council-
referred to me for the purpose of man Thompson moved that the
conferring with the officials of the petition be received and filed. Sec-
Interstate Power Company. Pur• onded by Councilman Van Dhel-
suant to your instructions I have man. Carried by the following vote:
met with them and hereby report yeas-Mayor Wharton, Council-
to you. men Russo, Thompson, Van Duel-
p The changes proposed may be man, Welu.
summarized as follows: The com• I Nays-None.
pony asks that the Main, Lin• RESOLUTION N0. 127.49
wood and Paint routes be changed ! BE IT RESOLVED by the City
on their north-bound runs from ,Council of the City of Dubuque
Loras Boulevard and East 14th that the following, having complied
206 Special Session, May 16th, 1949
with the provisions of ]aw relating
to the sale of cigarettes within the
City of Dubuque, be granted a per-
mit to sell cigarettes and cigar-
ette papers within said Gity and
the Manager is directed to issue
such permit on behalf of said City.
Name Address
William A. Brown and Hilda
Brown, 2417 Rhomberg Avenue
BE IT FURTHER RESOLVED
that the bond filed with the applica-
tion be approved.
Passed, adopted and approved
this 16th day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELD
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
RESOLUTION N0. 128.49
WHEREAS, application for Class
"B" Beer Permits have been sub-
mitted to this Council for approval
and the same have been examined:
NC W, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that
the following applications be grant-
ed and the licenses are to be issued
upon the compliance with the terms
of the ordinances of this City.
CLASS "B" PERMIT
Name Address
Martin Meyer and Vernon Meyer,
530 East 22nd Street
William A. Brown and H i l d a
Brown, 2417 Rhomberg Avenue
Passed, adopted and approved
this 16th day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAi\
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. SHEA
City Clerk
Councilman Thompson move d
he adoption of the resolution. Sec•
coded by Councilman Welu. Carried
~y the following vote:
Yeas-Mayor Wharton, Caun•
oilmen Russo, Thompson, Yan Duel•
non, Welu.
Nays-None.
RESOLUTION N0, 129.49
WHEREAS, heretofore applica-
tions for Class "B" Beer Permits
were filed by the within named
applicants and they have received
the approval 04 this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to comply
with the ordinances of this City
and they have filed a proper bond:
NOW, THEREFORE,
BE IT RESOLVED by the Council
of the City of Dubuque that the
Manager be and he is hereby di•
rected to issue to the following
named applicants a Beer Permit.
CLASS "B" PERMIT
Name Address
Martin Meyer and Vernon Meyer,
530 East 22nd Street.
William A. Brown and Hf 1 d a
Brown, 2417 Rhomberg Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such ap•
plicants be and the same are here-
by approved.
Passed, adopted and a p p r o v e d
this 16th day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N, RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec•
onded by Councilman Van Duel•
man. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
May 10, 1949.
To the Honorable Mayor and
Members of the City Council,
Dubuque, Iowa.
RE. ANEW TRAFFIC CODE.
Gentlemen:
Complete traffic ordinances were
adopted in 1926, 1930 and 1937. In
a
t.
Special Session, May 16th, 1949 X07
each instance this action consti-
tuted acomplete recodification and
repealing of all prior ordinances
and amendments,
Since 1937 twenty-four amend-
ments have been added to the
last Traffic Cade of 10.37. During
the past 12 years there have been
numerous changes made by the
State Legislature. Many of these
changes have been incorporated in
our ordinance through amendments.
There are however, many other
changes of the wording limi•
tations and regulations which are
not at present in our Traffic Code.
The State Legislature has im-
posed some duties on local officials.
These duties must be performed
and it is the recommendation of
the Public Roads Administration
that these duties be covered by
Ordinance so that their perform~
once will be insured regardless of
changes of administration, Their
incorporation in this Ordinance will
conform with the Mode] Traffic
Ordinance as recommended by the
National Conference on Street and
Highway Safety.
A study of the proposed Ordi-
nance will show that the rules on
registration and licensing, the rules
oP the road and equipment will
follow the code.
The section on parking contains
the State Laws where applicable
and otherwise contains the local
regulations which are within the
powers of local authorities. It will
be found that the parking rules
are the same as those contained
in the last Traffic Code plus all
the amendments since then.
There are a few additions. A
study of the past ordinances and
amendments fail to show any au-
thority for time parking restrictions
on Eighth Avenue from Bluff Street
to the west line of Hill Street or
on West 13th Street from Central
Avenue to Main Street. Both of
these sections have been sign-post-
ed in the past and have been
included in this proposed ordinance.
The block on East 10th Street be-
tween Central Avenue and White
Street has been included because
of the numerous requests of busi-
Hess people affected. The south
side of West 24th Street from
Central Avenue to Broadway has
been included in the schedule. This
street has been sign-posted for
years but never included in pre-
vious ordinances.
New sections taken from the
State Code cover several new defin-
itions, the using or false license
plates, duties of emergency vehicles,
exemption of road working crews,
use of farm tractors, duties in
case of injury accidents, new laws
on reporting of accidents, clarifi•
cation of laws on passing, pro•
viding for travel within marked
lanes, providing for one way
streets and alleys, selling of
defective vehicles, covering alley
parking, limiting angle parking
areas, inserting section on enforce-
ment of meters, illegally moving
parked vehicles, inserting section
on one side street parking, calling
for Stop lights, forbidding red lights
in front, forbidding flashing lights,
new section on clear windshields,
new limitations on weight and
height, new section on local re•
sponsibility and criminal responsi-
bility.
Section removed from Ordi-
nance 10.37 because there is no
foundation for them in State Law
anymore or because they have been
radically changed by State Law are
as follows: the section on load
on axles, axle widths, length of
draw bars, windshields, blocking o1
railroad tracks (covered in another
ordinance), right~f-way at an in•
tersection (rule 69), leaving alleys
(rules 74 and 78), obedience to
traffic officers (duplication), emit-
ting smoke (covered), right-of-
way on through streets (100) cover-
ed, parking of bicycles, racing of
motors, traffic officer (rule 134),
penalty clause on white cane law
(comes under same clause oY or-
dinance).
It will be noted that the differ-
ent paragraphs cover related sub•
jects. With our present ordinance,
because of the many amendments,
it is necessary to look in various
places in the book to find material
looked for. The paragraphs in their
sequence very closely follow the
Zo8 Special Session, May 16th, 194g ~ Special Session, lt~y 16th, Iggg tog
plan of the State Code.
The use of schedules it is be-
lieved will keep the main body of
the ordinance fairly intact. Most
amendments are made to items
covered in these schedules and any
future changes can be made with•
out affecting the body of the
ordinance,
The City Council some time ago
authorized the printing of Traffic
Codes. The demand for the pub-
lication is great. It is felt, however,
that because of the many amend-
ments and the length of time since
the adoption of the last complete
ordinance with the many result-
ant minor and major changes, it
would be best to junk the old
ordinance and enact a complete
new one and a printing thereof
in booklet form.
I herewith submit a draft of the
proposed ordinance and I recom•
mend the repealing of the old or-
dinance and the enactment of the
proposed ordinance in lieu thereof.
Respectfully submitted,
JOS. H. STRUB,
Chief of Police.
Councilman Russo moved that
the communication of Chief of
Police Strub, together with at-
tached proposed traffic ordinance,
be referred to the City Solicitor
for study and report and that action
be abated on the proposed traffic
ordinance until reports are receiv-
ed from the Chief of Police and
Fire Chief with reference to sur-
veys made on traffic conditions
and hazards at congested intersec-
tions and until such times as the
laws enacted at the last session of
the State Legislature are in Force
and effect. Seconded by Council-
man Welu. Carried by the follow•
ing vote:
Yeas-Mayor Wharton, Council•
man Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson m a v e a
that the City Manager Rhomberg
be instructed to petition the Iowa
Stiate Highway Commission for the
installation of Stop and Go lights
at the intersection of Dodge and
Gocvst Streets. Seconded by Coun-
cilman Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Van Duelman moved
that the City Council reconsider
their former action in authorizing
the Mayor to appoint a Committee
consisting of not less than three
and not more than five members
for the purpose of making a study
and submitting a new building code
for Council consideration. Seconded
by Council Thompson. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Van Duelman moved
that the Mayor be authorized to
appoint a Committee for the pur-
pose of making a study and sub-
mitting anew building code for
Council consideration. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Van Duelman moved
the City Manager be instructed to
notify the officials of the Railroad
Companies to repair their railroad
crossings at 12th, 13th, 14th, 15th,
16th, 17th, 22nd and 24th Streets
and also the crossing at Garfield
Avenue, Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
cilmen Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
There being no further business
Councilman Van Duelman moved
to adjourn. Seconded .by Council-
man Thompson. Carried by the fol-
lowing vote: ,
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays -None.
J. J. SHEA,
City Clerk
Approved ......... .......................... 1949,
Adopted .......... .......................... 1949.
Councilmen { .....................................
Attest :..........................................
City Clerk.
21o Special Session, May 23rd, 1949
City Council
(OFFICIAL)
Special Session, May 23rd, 1949.
Council met at 7:30 P. M.
Present-Mayor Wharton, Coun-
cil~nen Russo, Thompson, V a n
Deulman, Welu. City Mange r
Rhomberg.
Meeting called by order of Coun-
cilmen Welu and Russo,
Mayor Wharton read the call and
stated that service thereof had been
duly made and that this meeting
is called for the purpose of con-
ducting public hearings on the
proposed improvements of West
Third Street, Simpson Street and
Cross Street and acting on any
other business as may properly
come before a regular meeting
of the City Council.
Proof of publication, certified to
by the publishers, of notice of hear-
ing upon the plans and specifics~
lions, form of contract and cost
of improvement for the improve-
ment of West 3rd St, from the east
property line of Algona Street to
the west property line of Grand-
view Avenue, estimated cost $9,230.
27, presented and read. Councilman
Van Duelman moved that t h e
proof of publication be received and
filed. Seconded by C o u n c i l m a n
Thompson. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
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•
provement of Weat Third Street
from the east property line of
Algona Street to the west pro-
perty line of Grandview Avenue,
presented and read. Councilman
Van Duelman moved that the proof
of publication be received and filed.
Seconded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
(Decision of Council upon ob-
jections to plans, specifications,
form of contract and cost of
(IMPROVEMENTS)
RESOLUTION N0. 1301}9
WHEREAS, proposed plans and
specifications and form of contract
for the improvement of Weat Third
Street from the east property line
of Algona Street to the west pro-
perty line of Grandview Avenue
have been approved by the City
Council of the City of Dubuque
and public notice given as provided
by Chapter 391 of the Code of Iowa,
1946, pertaining to public contracts
and bonds, and the time and
place fixed for the hearing of all
objections to said plans, specifica-
tions or contract for or cost of
such improvements, said time be
ing this 23rd day of May, 1949, and
WHEREAS, the City Council met
in Special session this 23rd day
of May, 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 proposed
to be made; and
WHEREAS, all interested part-
ies have been given an opportunity
to be heard and all objections
which have been filed have been
duly weighed and considered; now
therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same are hereby over-
ruled and such plans, 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 o4
said improvement be made a mat-
ter of permanent record in con-
nection with said improvement.
Special Session, May 23rd, 1949 2n
Passed, adopted and approved
this 23rd day of May, 1949.
ALBERT WHARTON
Mayor.
F, W, THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen,
Attost: J, J. SHEA
City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 119.49
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 ore 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 typo
of construction and kind of mat-
erial to be used,
6. In each case the amount there
of whfch is estimated to be as-
sessed against each lot, for the
improvement of West Third Street
from the east property line of
Algona Street to the west property
line of Grandview Avenue
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 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, the y
shall be deemed to have waived
all objections thereto.
Said improvement shall bb con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense
of making said improvement will
be assessed upon and against all
privately owned property l y i n g
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 ad-
jacent thereto according to area
and in proportjo^ to the ~pee~
ial benefits conferred thereby,
and any deficiency shall be
paid out of the general fund,
improvement funds or s e w e r
funds, or partly out of each of
said funds. Bonds shall be issued
and sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor.
The above resolution was in-
troduced, approved and o r d e r e d
placed on Pile with the City Clerk
this 2nd day of May, 1949.
The foregoing resolution was
finally passed and adopted, as pro-
posed, by the City Council this
23rd day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded 'by Councilman Russo. Car•
vied by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-Novo.
212 Special Session, May 23rd, 1949
(Ordering Construction)
RESOLUTION N0. 131.49
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to a
resolution of necessity No. 119.49
which was duly passed by this
Council, for the improvement of
West Third Street from the east
property line of Algona Street to
the west property line of Grand-
view Avenue be and the same are
hereby ordered and constructed by
this Council upon its own motion
and with or without the petition
of property owners, All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
Passed, adopted and a p p r o v e d
this 23rd day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Car-
ried by the Following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Due]•
man, Wetu.
Nays-None.
BE IT FURTHER RESOLVED,
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privately owned property lying
within the assessable distance from
the improvements, whether such
property abut upon the same or are
adjacent thereto, according to the
area thereof and in proportion to
the special benefits conferred, and
any deficiency will be paid out of
the general, improvement, or sewer
funds of the city, or partly from
each of such funds. Payment will
be made to the contractor out
of funds realized from the sale of
bonds to be issued in anticipation
of deferred payments of assess-
ments as provided by law after
the work has been completed and
accepted .by the City Council.
~.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to 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
an or before 25 calendar days after
date of contract.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Proof of publication, certified to
by the publishers, of notice of
hearing upon the plans, specifica-
tions, form of contract and cost of
improvement for the improvement
of Simpson Street (north side)
from the west property line
of Fremont Avenue to the east
property line of Cross Street, es-
timated cost $5,296.94, presented
and read. Councilman Thompson
moved that the proof of publication
be received and filed. Seconded by
Councilman Russo. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu,
Nays-None.
Proof of publication, certified to
by the publishers, of notice of
pendency of resolution of necessity
and hearing upon proposed plans,
specifications, form of contract
and cost of improvement for the
improvement of Simpson Street
_(north side) from the west pro-
perty line oP Fremont Avenue to
the east property line of Cross
Street, presented and read. Coun-
cilman Van Duelman moved than
the proof of publication be re-
ceived and filed. Seconded by
Councilman Russo. Carried by the
fallowing vote:
Yeas-Mayor Wharton, Coun-
cilman Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Special Session, May 23rd, 1949 213
(Decision of Council upon ob•
•jections to plans, specifications,
form of contract and cost of im-
provements.)
RESOLUTION N0. 132.49
WHEREAS, proposed plans and
specifications and form of contract
far the improvement of Simpson
Street (north side) from the west
property line of Fremont Avenue
to the east property line of Cross
Street have been approved by the
City Council of the City of Dubuque
and public notice given as provided
by Chapter 391 of the Code of
Iowa, 1946, pertaining to public con-
tracts and bonds, and the time
and place fixed far the hearing
of all objections to said plans, spec-
ificaticna or contract for or cost of
such improvements, said time being
this 23rd day of May, 1949, and
WHEREAS, the City Council met
in Special session this 23rd day of
May, 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 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 there-
fore
BE IT RESOLVED by the City
Council of the Gity oP 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, :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
toy the plans, specifications and
form of contract for or cost of
said improvement be made a mat-
ter of permanent record in con-
nection with said improvement.
Passed, adopted and approved
this 23rd day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilmen Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
(Necessity fcr Improvement)
RESOLUTION N0. 122.49
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 file in the office
of the City Clerk showing among
other things the following:
1. Tho 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 mat-
erial to be used.
6. In each case the amount there~
against each lot, for the improve-
ment of Simpson Street (north
side) from the west property line
of which is estimated to be assess-
ed against each lot, for the improve-
of Fremont Avenue to the east
property line of Cross Street.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of property
owners, deems it advisable and
necessary for the public welfare
tc make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed re•
eta Special Session, May a3rd, 1g49
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 improvemenh shall be con•
structed and done in accordance
with the plane and specifications
which have been prepared therefor
by the City Engineer which have
been approved by the City Council
and are now ou file with the City
Clerk. That the coat and expense
of making said improvement will
be assessed upon and against all
privately owned property lying-with-
in assessable distance provided
by law and in an amount not to
exceed the amount provided by
]aw, property will be assessed
whether the same abuts thereon
or is adjacent thereto according
tq area and in proportion to the
special benefits conferred thereby,
and any deficiency shall be paid
out of the general fund, improve~
went funds or sewer funds, or part-
ly out of said 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 plac-
ed on file with the City Clerk this
2nd day of May, 1949.
The foregoing resolution was
finally passed and adopted, as pro-
posed, by the City Council this
23rd day of May, 1949.
AL'BE'RT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk
(Ordering Construction)
RESOLUTION N0. 133.49,
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to a
resolution of necessity No. 122.49
which was duly passed by this
Council, Por the Improvement of
Simpson Street (north aide) from
the west property line of Fremont
Avenue to the east property line
of Cross Street be and the same
are hereby ordered and constructed
.by this Council upon its own motion
and with or without the petition
of property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now an the
in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense oY the
said improvements be paid for by
levying special assessment s
against the privately owned pro•
party 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 ben-
efts conferred, and any deficiency
will be paid out of the general,
improvement, or sewer funds of
the city, or partly frgm each of
such funds. Payment w i 11 b e
made to the contractor out of
funds realized from the sale of
bonds to 'be issued in anticipation
of deferred payments of assess
merits as provided by law after
the work has been completed and
accepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad-
vertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
fmprovements shall be completed
on or before 24 calendar days after
date of contract.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in forFe apd effect from
and after its passage and adoptiop
by the City CAUAeiL
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Russo. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Special Session, May a3rd, 1949 215
Passed, adopted and approved
this 23rd day of May 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Proof of publication, certified
to by the publishers, of notice of
hearing upon plans, specifications,
form of contract and cost of im-
provement for the improvement of
Cross Street (east side) from the
south property line of Coates Street
to the north property line of Simp-
son Street, estimated cost $1,750.34,
presented and read. Councilman
Van Duelman moved that the
proof of publication be received and
filed. Seconded by Councilman
Russo. Carried .by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice of pend-
ency of resolution of necossity aria
hearing upon proposed plans, spec-
ifications, form of contract and
cast of improvement for the impra
vement of Croea Street (east side)
from the south property line of
Coates Street to the north property
line of Simpson Street, presented
and read. Councilman Van Duel-
man moved that the proof of pub-
lication be received and filed. Sec•
onned by Councilman Welu: Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
(Decision of Council upon ob-
jections to plans, specifications,
form of contract and cost of im-
provements.)
RESOLUTION N0. 13449
WHEREAS, proposed plans and
specifications and form of contract
for the improvement of Cross Street
(east side) from the south property
line of Coates Street to the north
property line of Simpson Street
have been approved by the City
Council of the City of Dubuque and
public notice given as provided by
Chapter 391 of the Code of Iowa,
1946, pertaining to pwblic contracts
and bonds, and the time and place
fixed for the hearing of all ob-
jections to said plans, specifications
or contract for or cost of such im•
provements, said time being this
23rd day of May, 1949, and
WHEREAS, the City Council met
in Special session this 23rd day of
May, 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 proposed plans,
specifications or contract for or cost
of the improvement herein d e
scribed and proposed to be made;
and
WHEREAS, all interested parties
have been given an .opportunity
to be heard and all objections which
have been Piled have been duly
weighed and considered; now,
therefore
BE IT RESOLVED by the City
Council oP the City of Dubuque,
that all objections which have been
made and filed to the plans, spec-
ifications, contract for or cost of
said improvement herein described
and proposed to be made, be and
the same are hereby overruled and
such plans, speGifjgations and form
of contract heretofgre approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of bhis Council uppn all
objections which have been (fled to
the plans, specifications aqd form
of contract for or cast of said im•
provome(lt be made a matter of
216 Specia( Session, May 23rd, 1949
permanent record in connection
with said improvement.
Passed, adopted and approved
this 23rd day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
Gity Clerk
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 125.49
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 file in bhe 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 bhe cost of
the proposed improvement, stating
the same for each different type
of construction and kind of mate-
rial to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each lot, for the
improvement of Cross Street (east
side) from the south property line
of Coates Street to the north pro-
perty line of Simpson Street
BE IT THEREFORE RESOLVED
that bhe 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 impro-
vement, and unless property own•
ers at the time of the final con-
sideration of this Proposed resolu-
tion have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived all
objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the City Engineer which have
,been approved by the City Council
and are now on file with the City
Clerk. That bhe cast and expense
of making said improvement will
be assessed upon and against all
privately owned property l y i n g
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 ad-
jacent 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. Bonds shall be
issued and sold in anticipation of
deferred payments of assessments
when a contract has been perform-
ed and accepted and the proceeds
thereof used to pay the contractor.
The above resolution was intro-
duced, approved and ordered placed
on file with the City Clerk this 2nd
day of May, 1949.
The foregoing resolution w a s
finally passed and adopted, as pro-
posed, by the City Council this
23rd day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec•
onned by Councilman Russo. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
J
~1
Special Session, May 23rd, 1949 217
(Ordering Construction)
RESOLUTION N0. 135.49
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to a
resolution of necessity No. 125-49
which was duly passed .by this
Council, for the improvement of
Cross Street (east side) from the
south property line of Coates Street
to the north property line of Simp-
son Street be and the same are
hereby ordered and constructed by
this Council upon its own motion
and with or without the petition
of property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on file
in the office of the City Clerk.
Passed, adopted and approved this
23rd day of May 1949.
ALBERT WHARTON
Mayor.
F, W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Russo moved the a-
doption of the resolution. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas~Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for by
levying special assessments against
the privately owned property ly-
ing within the assessable distance
from the improvements, 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 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 bhe
manner provided by law, the said
improvements shall be completed on
or before 12 calendar days after
~ date of contract.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
~~~
Councilman Thompson move d
that the rules be suspended for
the purpose of allowing any one
present in the Council Chamber,
who wishes to do so, to address
the Council. Seconded by Council-
man Russo. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Appropriation: 1700405 Naval Re-
serve, 1950, Expend. Acct. No. 45745,
Object Class, No. 051, Bu. Control
No. 32,000 Requisition: BuPers EN
4-4D00-50.
RENEWAL OF GOVERNMENT
LEASE
You are hereby notified t h a t
under the provisions of Paragraph
5 of Government ]ease: NOY (R)
• 40838 with City of Dubuque, Iowa,
Lessor, d, 1-1-47 covering approx-
imately 0.85 of an acre in Ham's
Addition in bhe City of Dubuque,
Iowa, for a Naval Reserve Armory.
L16.65-Du
the United States of America
elects to renew the said lease, as
the same may have been amended,
for the period of one year from
and after June 30, 1949, and by
these presents does renew, extend,
and adopt the said lease ar)d all
the terms and conditions thereof
for the period beginning July 1,
1949, and ending June 30, 1950.
218 Special Session, May 23rd, 1949
Dated at Washington, D. C,
16 May 1949.
THE UNITED STATES OF
AMERICA,
By WILLIS R. DUDLEY
By direction of the Chief of
the Bureau of Yards and
Docks, acting under the di•
rection of the Secrotary of
the Navy.
The Mayor, City of Dubuque,
Dubuque, Iowa.
Councilman Thompson move d
that the Renewal of Government
Lease be received and made a mat-
ter of record. Seconded by Council-
man Russo. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Communication of County Aud-
ditor Daykin advising that t h e
Board of Supervisors will accept an
offer oY $150.00 on Lota 20 and 21
Quigley's Sub. made .by Clarence
J. Mitchel] upon approval by the
City Council, presented and read.
Councilman Russo moved that the
communication be referred to the
Council to view the grounds. Sec•
onded by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Petition of James J. Howarth
making application for permission
to construct a sewer from the man-
hole on the corner of Windsor and
Davis Avenues and water main
from the corner of Windsor and
Davis Avenues in an easterly di-
rection, for approximately 175 feet
for the purpose of serving his
property, presented and read. Coun-
cilman Van Duelman moved that
the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Russo. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Wolu.
Nays-None.
Petition of the Dubuque Meta]
Trades Council, by Alphonse Ger-
hards, Recording Secretary, request-
ing that the Point bus be routed
over Twelfth Street to and Prom the
City in place of over Fourteenth
Street as at present, presented and
read. Councilman Van Duelman
moved that the petition be received
and filed. Seconded by Councilman
Thompson. Carried ,bY the following
vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Communication of William E.
Brown, Jr. Mayor of Ann Arbor,
Michigan, extending invitation to
the Mayor, Councilmen, City En•
gineer, Chief of Police and Members
of the Planning Commission to
attend the opening of a new thrre•
deck parking structure to be held
on May 26th, 1949, presented and
read. Councilman Van Duelman
moved that the communication be
referred to the Council. Seconded
by Mayor Wharton. Carried by the
following vote:
Yeas-Mayor Wharton, Council•
men Thompson and Van Duelman.
Nays-Councilmen Russo a n d
Welu.
Ordinance No. 17.49
An Ordinance eatablfshing and
fixing rates to be charged for the
furnishing of bus transportation to
passengers on busses operated by
the Interstate Power Company in
the City of Dubuque; repealing all
Ordinances in conflict herewith;
prescribing a penalty Yor violation
hereof, and declaring an emergency,
said ordinance having been passed
upon first reading on May 16th,
1949 and ordered placed on file
with the City Clerk for Public in-
spection for at least one week
before its final adoption, was pre-
sented for final adoption.
ORDINANCE N0. 17.49
An Ordinance establishing and
fixing rates to be charged for the
furnishing of bus transportation to
passengers on busses operated by
the° Interstate Power Company in
the City of Dubuque; repealing all
Ordinances in conflict herewith;
Special Session, May 23rd, 1949
21q
prescribing a penalty for violation
hereof, and declaring an emer-
gency.
Wheroas, the Interstate Power
Company operates a bus system
in, along and upon the streets of
the City oY Dubuque by virtue of
a franchise Ordinance adopted and
approved by the electors of the
City of Dubuque on May 24, 1946;
and
Whereas, it is provided by said
franchise Ordinance that the City
Council reserves the right to Pix
reasonable and just rates; and
Whereas, application has been
filed by the Interstate Power Com-
pany far an increase in bus rates;
and
Whereas, after such investi-
gation, it has determined that
there should be an increase in
bus fares;
Now Therefore:
Be It Ordained by the City
Council of the City of Dubuque:
Section 1. That the fare to be
charged lay the Interstate Power
Company on all busses operated
in the City of Dubuque under
said franchise Ordinance be and
the same is hereby fixed at four
tokens for twenty-five (25c) cents
with a ten (10c) cent cash fare
for adults, and that when request-
ed transfers are to be issued upon
the payment of all fares without
additional charge.
Section 2. All Ordinances or
parts of Ordinances in conflict
herewith are hereby repealed.
Section 3. That any person, firm
or corporation who shall violate
any of the terms of this Ordin•
once shall be guilty of a mis•
demeanor, and upon conviction
thereof shall be fined not to ex-
ceed one hundred ($100.00) dollars
or imprisoned not to exceed thirty
(30) days in jail.
Section 4. This Ordinance being
deemed urgent and of immediate
necessity and in the interest of
the Public shall be in effect from
and after its tinal passage, adop-
tion and approval by the Coun•
ci] of the City of Dubuque and
the publication as provided by law.
Fassed upon first reading this
16th day of May, 1949.
Passed, adopted and approved
upon final reading this 23rd day
of May, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P, WELU
Councilmen
Attest: J. J. SHEA, City Clerk
Published officially in The Tele'
graph-Herald newspaper this 25th
day of May, 1949.
J. J. SHEA,
City Clerk
Councilman Van Duelman moved
the adoption of the ordinance. Sec-
onded by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ordinance No. 18-49
An Ordinance providing for the
vacation of the alley between Ben-
nett Street and West Third Street,
from the easterly line of Lot 1 and
Lot 16 to the westerly line of Lot
8 and 9 in Hodge's Subdivision
No. 2 in the City of Dubuque, Iowa
and conveying said alley to the
abutting property owners, said or•
dinance having been passed upon
first reading on May 16th, 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.
ORDINANCE N0. 18.49
An Ordinance providing for the
vacation of the alley between
Bennett Street and West Third
Street, from the easterly line of
Lot 1 and Lot 16 to the westerly
line of Lot 8 and 9 in Hodge's
Subdivision No. 2 in the City of
Dubuque, Iowa and conveying said
alley to the abutting property
owners.
WHEREAS, application has been
filed with the City Council for the
vacation of the alley between Ben-
nett Street and West Third Street
from the easterly line of Lot 1 and
Lot 16 to the westerly line of Lots
220 Special Session, May 23rd, 1949
8 and 9 in Hodge's Subdivision
No. 2 in the City of Dubuque,
Iowa; and
WHEREAS, said application has
been referred to the Dubuque Plan•
Wing and Zoning Commission; and
WHEREAS, said Planning and
Zoning Commission examined into
the advisability of vacating said
alley, and reported that said alley
is a -blind alley and recommends
the vacation thereof.
NOW THEREFORE:
Be it ordained by the City Coun-
cil of the City of Dubuque;
Section 1. That the alley be-
tween Bennett Street and West
Third Street from the easterly
line of Lot 1 and Lot 16 to the
westerly line of Lots 8 and 9 in
Hodge's Subdivision No. 2 in the
City of Dubuque, be, and the same
is hereby vacated.
Section 2. That the applicants
shall cause a plat to be made of
said vacated alley and file for
record wherein separate parts ad•
joining separate lots shall be
given legal descriptions whereupon
the City of Dubuquo will convey
said lots to the adjoining owners,
and the Mayor and Clerk of said
City are hereby authorized to exe-
cute said deeds on behalf of the
City of Dubuque.
Section 3. That the City Clerk
be, and is hereby directed to file
for record a duly certified copy
of this Ordinance in the Office of
the County Recorder of Dubuque
County, Iowa.
Section 4. That this Ordinance
shall be in force and effect ten
(10) days from and after its final
passage, adoption and publication
as by law provided.
Passed upon first reading May
16th, 1949.
Passed, adopted and approved
upon final reading this 23rd day
of May, 1949.
ALBERT ~VHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
Published officially in The Tele•
graph-Herald newspaper this 26th
day of May, 1949.
J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the ordinance, Sec-
onded by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ordinance No. 19.49
An Ordinance providing for the
vacation of the alley ,between Brun-
swick Street and Burden Avenue
extending from O'Neil Street to
the alley between Edith Street and
O'Neil Street and for a conveyance
of said alley to the abutting owners,
said ordinance having been passed
upon first reading on May 16th,
1949 and ordered placed on file
with the City Clerk for public in-
spection for at least one week
before its final adoption, was pro
sented for final adoption.
ORDINANCE N0. 1949
An Ordinance providing for the
vacation of the alley between
Brunswick Street and Burden Ave-
nue extending from O'Neil Street
to the alley between Edith Street
and O'Neil Street and fora con-
veyance of said alley to the abutt•
ing owners.
WHEREAS, application has been
filed with the City Council for the
vacation of the alley between
Brunswick Street and Burden Ave•
nue extending from O'Neil Street
to the alley between Edith Street
and O'Neil Stroet; and
WHEREAS, said application has
been referred to the Dubuque Plan
ping and Zoning Commission for
investigation and report; and
Whereas, consent of all of the
abutting property owners has bean
received and is now on file; and
WHEREAS, the Planning and
Zoning Commission, having exam-
ined into the advisability of vacat-
ing said alley, recommended that
ouch vacation be made.
NOW, THEREFORE:
Be it ordained by the City Coun-
cil of the City of Dubuque:
t
r-
Special Session, May 23rd, 194q
22I
Section 1. That the alley be-
tween Brunswick Street and Bur-
den Avenue extending from O'Neil
Street to the alley between Edith
Street and O'Neil Street be, and
the same is hereby vacated.
Section 2. That the applicants
shall cause a plat to be made of
said vacated alley and filed for
record wherein separate parts ad-
joining separate lots shall be
given legal descriptions, where-
upon the City oY Dubuque will
convey said lots to the adjoining
owners, and the Mayor and Clerk
of said City are hereby author-
ized to execute said deeds on
behalf of said City.
Section 3. That the City Clerk
be, and he is hereby directed to
file for record a duly certified
copy of this Ordinance in the
Office of the County Recorder,
Dubuque County, Iowa.
Section 4. That this Ordinance
shall be in force and effect ten
days from and after its final pass-
age, adoption and publication as
provided by law.
Passed upon first reading May
16th, 1949.
Passed, adopted and approved
upon final reading May, 23rd, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N, RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. SHEA
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 26th
day of May, 1949.
J. J. SHEA
City Clerk.
Councilman Russo moved the a-
doption of the ordinance. Seconded
by Councilman Welu. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ordinance No. 20.49
An Ordinance providing far the
vacation of Paul Street between
Lowell Street and Klingenberg
Terrace, said ordinance h a v i n g
been passed upon first reading on
May 16th, 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.
ORDINANCE N0. 20.49
An Ordinance providing for the
vacation of Paul Street between
Lowell Street and Klingenberg Ter•
race.
Whereas, application has been
filed with the City Council for
the vacation of Paut Street be-
tween Lowell Street and Klingen-
berg Terrace in the City of Du-
buque; and
WHEREAS, said application has
been referred to the Dubuque Plan•
Wing. and Zoning Commission for
investigation and report; and
WHEREAS, said Planning and
Zoning Commission has examined
into the advisability of vacating
said part of Paul Street between
Lowell Street and Klingenberg
Terrace; and
WHEREAS, the said Planning
and Zoning Commission has rec•
ommended that the request be
granted with the condition that
space be reserved for steps or a
walkway, and easements for utili-
ties provided.
NOW THEREFORE:
Be it ordained by the City Coun-
cil of the City of Dubuque:
Section 1. That Paul Street be-
tween Lowell Street and Klingen•
berg Terrace in the City of Du-
buque be, and the same is hereby
vacated.
Section 2, That the applicants
shall cause a plat to be made of
said vacated alley and filed for
record wherein separate parts ad-
joinin~ separate lots shall ,be given
legal descriptions, whereupon the
City of Dubuque will convey said
lots to the adjoining owners, re-
serving to the City of Dubuque
the right to place steps or a
walkway on said street and to
place public utilities therein, and
the Mayor and Clerk of said City
are hereby authorized to execute
deeds accordingly on behalf of
the City of Dubuque.
Section 3. That the City Clerk
be and he is hereby directed to
zaa Special Session, May 3rd, 1949
file for record a duly certified
copy of this Ordinance in the
Office of the County Recorder of
Dubuque County, Iowa.
Section 4. That this Ordinance
shall be in force and effect ten
(10) daps from and after its final
passage, adoption and publication
as provided by law.
Passed upon first reading this
16th day of May, 1949.
Passed, adopted and approved
upon final reading this 23rd day of
May, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. SHEA
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 26th
day of May 1949.
J. J. SHEA,
City Clerk.
Councilman Thompson move d
the adoption of the ordinance. Sec•
onded by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ordinance Na. 21h9.
An Ordinance amending t h e
Traffic Code of the City of Dubuque
by designating Windsor Averiu
from the north-west line of Rhom
berg Avenue to the south line o
Davis Street a "THROUGH HIGH
WAY", requiring all vehicles to sto
before entering ar crossing th
same, providing for the postin
oP stop signs, and for a p@nalty
for a violation of the terms of thi
Ordinance, said ordinance Navin
been passed upon first reading o
May 16th, 1949 and ordered place
on file with the City Clerk for
public inspection for at least one
week before its final adoption, was
presented for final adoption.
ORDINANCE N0. 21.49
An Ordinance amending the Traf-
fic Code of the City of Dubuque
by designating Windsor Avenue
from the north-west lino of Rhom-
berg Avenue to the south line of
Davis Street a "THROUGH HIGH-
WAY", requiring all vehicles to
stop before entering or crossing
the same, providing for the post-
ing oP stop signs, and Yor a penalty
for a violation of the terms of
this Ordinance.
Be it ordained by the City Coun•
cil of the Citp of Dubuque:
Section 1. That Windsor Ave•
nue from the north-west line of
Rhomberg Avenue to the south
line of Davis Street be and the
same is hereby designated as a
~ `THROUGH HIGHWAY;' and that
all vehicles be and the same are
hereby required to stop before
entering ar crossing the same.
Section 2. That stop signs be
posted upon or at all entrances to
said "THROUGH HIGHWAY".
Section 3. Any person, firm, or
corporation violating any of the
provisions of this Ordinance shall
be deemed guilty of a misdemean-
or, and upon conviction thereof
shall be fined not to exceed one
hundred ($100.00) dollars or im•
prisoned not to exceed thirty (30)
days in jail.
Section 4. That this Ordinance
shall be in force and effect ten
(10) days from and after its final
passage, adoption and approval .by
the City Council, and publicat[on
as provided by law, and when the
signs as herein provided shall be
posted.
e Passed upon first reading this
- 16th day of May 1949.
f
Passed, adopted and approved
p upon final reading this 23rd day
e of May, 1949.
g ALBERT WHARTON
Mayor.
s F. W. THOMPSON
g p1RANK VAN DUELMAN
n ROMOLO N. RUSSO
d CLARENCE P. WELU
Councilmen.
Attost: J. J. SHEA
City Clerk.
Published officially in The Tele•
graph~Herald newspaper this 26th
day of May, 1949.
J. J. SHEA
City Clerk.
Specia( Session, May 23rd, 1949 223
Councilman Welu moved the a-
' doption of the ordinance, Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ordinance No. 22.49.
AN ORDINANCE CHANGING
THE GRADE OF WEST THIRD
STREET FROM THE EAST PROP-
ERTY LINE OF ALGONA
STREET TO THE WEST PROP-
ERTY LINE OF NORTH GRAND-
VIEW AVENUE, said ordinance
having been passed upon first read-
ing on May 16th, 1949 and ordered
placed on file with the City Clerk
for final inspection for at least one 'i
week before its final adoption, was
presented for final adoption.
ORDINANGE N0. 22-49
AN ORDINANCE CHANGING
THE GRADE OF WEST THIRD
STREET FORM THE EAST PROP-
ERTY LINE OF ALGONA STREET
TO THE WEST PROPERTY LINE
OF NORTH GRANDVIEW AV•
ENUE.
Be It Ordained by the City
Council of the City of Dubuque:
Section 1. That the grade on
West Third Street from the east
property line of Algona Street to
the west property line of North
Grandview Avenue established by
Ordinance No. 33.46 be and the
same is hereby changed, estab•
lished and adopted as shown by
the profile of said street and grade
prepared by the City Engineer
being profile number 1322. Bench
Mark, the south end of southeast
curb return of South Algona Street
and Lombard Street, elevation
268.00.
Said grade begins at station
O+OQw hick is the east property
line of Algona Street, south curb
elevation 279.50, north curb eleva•
lion 280.60; thence to station
0+50, south curb elevation 281.94,
north curb elevation 282.44;
thence to station 1+00, north and
south curb elevations 283.04;
thence to station 1}50, north and
south curb elevations 282.62;
thence to station 2}00, north and
south curb elevations 281.29;
thence to station 2 }50, north and
south curb elevations 278.69;
thence to station 3+00, north and
south curb elevations 274.80;
thence to station 4}75, north and
south curb elevations 259.07;
thence to station 5-f-00, north and
south curb elevations 256.94;
thence to station 5+50, north and
south curb elevations 253.40;
thence to station 6+00, north and
south curb elevations 25D.82;
thence to station 6-~5D, north and
south curb elevations 249.18;
thence to station 7-{-D0, north and
south curb elevations 248.52;
thence to station 7+50, north and
south curb elevations 248.78;
thence to station 8-{-00, north and
south curb elevations 250.06;
thence to station 8+ 50, ^orth and
south curb elevations 252.26;
thence to station 9+00, north and
youth curb elevations 255.42;
thence to station 9+25, north and
south curb elevations 257.36;
thence to station 12+55.4, north
and south curb elevations 284.62;
thence to station 13+05.4, north
and south curb elevations 288.09;
thence to station 13+42.7, which
is the west property line of North
Grandview Avenue, north curb
elevation 289.90, south curb eleva-
tion 289.60.
Section 2. This ordinance shall
be in force and take effect ten
(10) days from and after its pas-
sage by the City Council and its
publication as required by law.
Passed upon first reading May
16th, 1949.
Passed, adopted and approved
May 23rd, 1949.
ALBERT WHARTON,
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Attest: J. J. SHEA,
City Clerk.
Published officially in The Tele•
graph-Herald newspaper this 26th
day of May, 1949.
J. J. SHEA,
City Clerk.
Councilman Welu moved the a-
doption of the ordinance. Seconded
by Councilman Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Due]•
man, Welu.
Nays-None.
224 Special Session, May 23rd, 1949
Ordinance No. 23.49.
AN ORDINANCE ESTABLISH-
ING AGRADE ON CROSS STREET
FROM THE SOUTH PROPERTY
LINE OF COATES STREET TO
THE NORTH PROPERTY LINE
OF SIMPSON STREET, said ordi•
nonce having been passed upon
first reading on May 16th, 1949 and
placed on file with the City Clerk
for public inspection for at least
one week .before its final adoption,
was presented for final adoption.
ORDINANCE N0. 23~I9
AN ORDINANCE ESTABLISH-
ING A GRADE ON C R O S S
STREET FROM THE SOUTH
PROPERTY LINE OF COATES
STREET TO THE NORTH PROP-
ERTY LINE OF S I M P S O N
STREET.
Be It Ordained by the City
Council of the City of Dubuque:
Section 1. That a grade on Cross
Street from the south property
line of Coates Street to the north
property line of Simpson Street
be and the same is hereby estab•
lished and adopted as shown by
the profile of said street and
grade prepared by the City Engi-
neer, being profile number 1333.
Bench Mark: Railroad spike in
utility pole number 207-928•A lo-
cated at the intersection of Cross
and Coates Streets, elevation
767.82 feet above mean sea level.
Said grade begins at the south
property line of Coates Street,
which is station 0+00, east and
west curb elevation 768.03; thence
to station 0}94, east and west
curb elevation 771.15; thence to
station 1-F44, east and west curb
elevation 781.79; thence to station
1+94, east and west curb eleva-
tion 786.00; thence to station
3+94, east and west curb eleva-
tion 802.00; thence to the north
property line of Simpson Street at
station 4}44, east curb elevation
805.25, west curb elevation 806.25.
Section 2. This ordinance shall
be in force and take effect tea
(10) days from and after its final
passage and adoption by the City
Council and publication as pro•
vided by law.
Passed upon first reading May
16, 1949.
Passed, adopted and approved
May 23rd, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in the Tele-
graph-Herald newspaper this 26th
day of May, 1949.
J. J. SHEA,
City Clerk.
Councilman Russo moved the a•
doption of the ordinance. Second-
ed by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Dueb
man, Welu.
Nays-None.
Ordinance No. 24~I9.
AN ORDINANCE ESTABLISH-
ING A GRADE ON SIMPSON
STREET FROM THE INTERSEC-
TION OF FREMONT AVENIIE TO
STATION 21-93 AT THE WEST
END OF SIMPSON STREET, said
ordinance having been passed upon
first reading on May 16th, 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 fins]
adoption,
Ordinance No. 2449
AN ORDINANCE ESTABLISH-
ING A GRADE ON SIMPSON
STREET FROM THE INTERSEC-
TION OF FREMONT AVENUE TO
STATION 21+93 AT THE WEST
END OF SIMPSON STREET.
Be It Ordained by the City Coun-
cil of the City of Dubuque:
Section 1. That a grade on
Simpson Street from the Intersec-
tion oP Fremont Avenue to station
21+93 at the west end of Simpson
Street be and the same is hereby
established and adopted as shown
by the profile of said street and
grade prepared by the City Engi-
neer, being profile number 1334.
Bench Mark, railroad spike in
utility pole number 207-887-A lo-
cated at Wartburg Place and Fre-
mont Avenue, elevation 840.75.
Said grade begins at the inter-
section of Fremont Avenue and
Special Session, May 23rd, 1949 225
Simpson Street, being station
0-} OQ north and south cm~b eleva•
bons 839.80; thence to station
0}25, north and south curb eleva-
tion 838.56; thence to station
1-00, north and south curb eleva•
bons 838.75; thence to station
1}75, north and south curb eleva-
tions 830.44; thence to station
2+30, north and south curb eleva•
tions 828.67; thence to station
3+00, north and south curb eleva•
lions 826.54; thence to station
3+70, north and south curb eleva-
tions 825.22; thence to station
6}D0, north and south curb eleva•
lions 822.09; thence to station
7+00, north and south curb eleva•
tons 820.72; thence to station
8 } OJ, north and south curb eleva-
lions 818.70; thence to station
14+75, north and south curb eleva-
tions 805.20; thence to station
15+50, north and south curb eleva-
tions 804.98; thence to station
15+83, the east property line of
Cross Street, north and south curb
elevations 805.68; thence to sta-
tion 16+33, the west property line
of Cross Street, north and south
curb elevations 807.68; thence to
station 18+30, north and south
curb elevations 817.14; thence to
station 18~8Q north and south
curb elevations 818.32; thence to
station 19+30, north and south
curb elevations 817.04; thence to
station 21}93, the end of Simpson
Street, north and south curb eleva-
tions 803.89.
Section 2. This ordinance shall
be in force and take effect ten
(10) days from and after its pas-
sage by the City Council and its
publication as required by law.
Passed upon first reading May
16th, 1949.
Passed, adopted and approved
May 23rd, 1949.
~i: ALBERT WHARTON
' ~ Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
.' ROMOLO N. RUSSO
e CLARENCE P. WELU
Councilmen
Attest: J. J. SHEA,
City Clerk.
gg Published officially in The Tele-
f+~
~ i~ graph•Herald newspaper this 26th
i day of May, 1949.
~ J. J. SHEA,
City Clerk.
k
I ~
I
,~,
r
~.
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men It-usso, Thompson, Van Duel•
man, Welu.
Nays-None.
Ordinance No. 25.49.
An Ordinance designating certain
motor bus routes in the City of
Dubuque, repealing all'- ordinances
or parts thereof in conflict here-
with, providing for a penalty for a
violation of the provisions hereof,
presented and read. Councilman
Thompson moved that the reading
just had be considered the first
reading of the ordinance. Seconded
by Councilman Welu. Carried by
the fallowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilmar- Thompson move d
that the rules be suspended re-
quiring an ordinance to be read
on three seperate days. Seconded
.by Councilman Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
that the ordinance be place on
file with the City Clerk for public
inspection for at least one week
before its final adoption. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas~Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 17, 1949.
Mr. J. J. Shea, City Clerk
City Hall
Dubuque, Iowa
My Dear Mr. Shea:
At the meeting of the City Coun-
cil on Monday evening, May 16th,
I was instructed as Mayor to ap-
point acommittee to make a study
and submit a building code to the
City Council for their consideration.
Enclosed is a list of men who I
have appointed on this committee.
I have suggested to Paul Rossiter
226 Special Session, May 23rd, 1949
that he act as temporary chairman,
arrange for and call the firs t
meeting of the committee and act
as chairman until such time as the
committee appoints a permanent
chairman. Mr. Rossiter has agreed
to act in this capacity.
I would appreciate it if you would
officially notify Mr. Rossiter of his
appointment and work with him in
notifying the other members of the
committee and arranging for the
first meeting. Thanking you, I am
Yours truly,
ALBERT WHARTON.
Committee members:
1. Architects-Paul Rossiter, C.
I. Krajewski, Raymond G. Berg-
quist.
2. Building Trades Council and
Brick Layers Jae Kass, W, P,
Asmussen.
3. Carpenters Union -Fergus Gal-
lagher, Frank Heying.
4. Engineers -Carl Bartels, R. J.
Gallagher.
5, Master Builders-Wm. Mueller
Orlin Conlon.
6. Materials Dealers - Al Pape,
Delos Hodges,
7. Real Estate Board - C h r i s
Voelker, Ed. Kuehnle.
8. Roofers, Sheet Metal & Steel
Const: Howard Geisler, Oscar W.
Lundgren,
9, City Bldg. Dept. D o n a l d
Bandy, Dan. J. O'Leary, L. C.
Norton.
Councilman Van Duelman moved
that the recommendation of Mayor
Wharton be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Honorable Mayor and Members
of the City Council
Gentlemen:
At a special meeting of the City
Council held May 16, 1949, the
petition of E. D. Markward re-
questing city water service at 36
Lindberg Terrace was referred to
me for investigation and report.
There is only one house located
on Lindberg Terrace, a distance
of 375 feet from the existing water
main on Eagle Street. There would
be considerable rock excavating if
the main was located in the street.
I have contacted Mr. Mardward and
it is satisfactory with him to extend
a one inch service from Eagle Street
at a location where there is no
rock, to the lot adjacent to his
house.. From this point Mr. Mark-
ward will extend this service lino
to his house at his expense.
We will try to complete this
extension by Fall of this year,
CITY WATER DEPARTMENT
J. J. HAIL, Supt.
Councilman Van Duelman moved
that the recommendation of Water
Superintendent Hail be approved.
Seconded by Councilman Welu. Car
tied by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duei•
man, Welu.
Nays-None.
21 May 1949
Honorable Mayor and
Members of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim oY
W. H. Elfmann orally made for
$250.00 for the costs of running a
new copper water line from the
water main on Bluff Street to serve
his property located on Locus t
Street near the corner of 13th
Street, there is no warrant or au•
thority at law for the City to pay
this claim, and I therefore ro•
commend that the same be denied.
Yours truly,
JOHN J. KINTZINGER
City Solicitor.
Councilman Russo moved t h a t
the recommendation of City Solio-
itor Kintzinger be approved. Sec-
onded by Councilman Welu. Car-
ried ,by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 21, 1949
Honorable Mayor and Members
of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
George Ellison submitted to me for
Special Session, May 23rd, 1949 227
investigation and report, on April
29th, 1949, claimant while walking
on Lincoln Avenue near Kniest
Street, tripped and fell on a raised
portion of the sidewalk and re-
ceived injuries which required him
to secure medical attention. This
sidewalk at the place whore claim-
ant fell was raised two to three
inches across the walk. He has
agreed to accept the amount of his
doctor bill in full payment of his
claim., which is $18.00.
I recommend that his claim be
allowed in the sum of eighteen
($18.00) dollars, and that a warrant
be issued payable to his order for
said amount and delivered to him
upon delivery to the City of a re-
lease properly executed by him.
Yours truly,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Russo moved t h a t
the recommendation of City Solic-
itor Kintzinger be approved and the
City Auditor Instructed to draw a
warrant in the amount of $18.00
in pavor of George Ellison, as set-
tlement in full of his claim, and
that said warrant be deliverrill
upon receipt by the City of Du•
buque of a properly executed re-
lease. Seconded by Councilman
Welu, Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 23, 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 April 1949,
also list of claims and list of pay-
rolls for which warrants were
issued for the month of April 1949,
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the reports be received and
placed on file. Seconded by Council-
man Russo. Carried by the following
vote;
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May, 23, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
This is to advise that I have ap-
proved the following policy and de-
sire to have your approval on same
for filing;
TAX6CAB
Black & White, Yellow a n d
Checker Cab Co., Inc. 410 Eighth
Avenue.
Policy No. LAC 3.1460 Fireman's
Fund Indemnity Co.
EXCAVATION
Geo. I. Beeves, 2531 Windsor Ave-
nue Western Surety Co. No. 218160
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the bands be approved and
placed on file. Seconded by Council-
man Thompson. Carried ,by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 23, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The terms of Msgr, J. M. Wolfe
and of E. Marshall Thomas on the
Planning and Zoning Commission
will expire May 24, 1949.
This is brought to the attention
of the Council so that the member-
ship of the commission may be
provided for.
Respectfully submitted,
A. A. RHOMBERG,
City Manager
Councilman Russo moved that ac-
tion be suspended on the appoint-
ments until the next meeting of
the Council and the City Manager
instructed to ascertain from Mon-
signor J. M, Wolfe and E, Marshall
Thomas as to whether or not they
desire to be reappointed. Seconded
ii
P~
~.
a28 Special Session, May 23rd, 1949
by Councilman Welu. Carried by
the following vote:
Yeas-Councilmen Russo, Thomp-
son, Welu.
Nays-Mayor Wharton, Council•
man Van Duelman.
May 23, 1949,
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Herewith submitted are the min-
utes of a joint meeting of the City
Council and Recreation Commission
held May 18, 1949. Also present
were the City Solicitor, City Clerk
and representatives of the press
and radio.
I recommend that this matter be
incorporated into the Council rec-
ord and that the decision of the
Council be confirmed.
Respectfully submitted,
A. A. RHOMBERG
City Manager.
MINUTES OF THE JOIN T
MEETING OF THE CITY COUN-
CIL AND RECREATION COM-
MISSION HELD May 18, 1949.
Present-Mayor Wharton, Coun-
cilmen Russo, Van Duelman, Welu,
City Manager Rhomberg.
Recreation Commission represent-
ed by City Manager Rhomberg,
Chairman, Mayor Wharton, Mrs. J.
C. Loosbrock, Frank A. Fluck-
iger, Leo F, McDonough, Recrea-
tional Director Hylda N, Luke.
City Manager Rhomberg was se-
lected as Chairman of the joint
meeting by all members present.
Chairman Rhomberg called the
meeting to order at 4:50 P. M. and
stated that the joint meeting was
called by order of a motion adopted
at the Council meeting of May 16,
1949, for the purpose of discussing
playground problems, also to con-
sider the protests submitted at the
Council meeting of May 16, 1949
and which were referred to this
joint meeting, namely: protesting
to the increase in entry fees from
$35.00 to $50.D0 for softball teams,
to the lack of sanitary facilities at
Comiskey and Rafferty fields, to
the inadequate lighting at Comiskey
Field, to the placing of sand and
gravel as repairs on the playing
fields and to the administration
of recreation in general.
The question of a legal defini•
tion for the word "Juvenile" as it
applies to recreation was taken
up and discussed at some length,
but no conclusion arrived at.
The protests presented at the
Council meeting of May 16, 1949
were taken up one by one and
discussed at length, whereupon,
Councilman Van Duelman moved
that the following improvements
and conclusions be adapted:
1. That the fee to be charged
far the entering of a team in the
soft ball league be placed at $35.00
per team, the same as last year,
the City to supplement the balance
needed for the services of umpires
and score keepers.
2. The opening of toilet facilities
at Comiskey Field when games are
being played.
3. The placing of dirt to resurface
the playing field at Comiskey Field.
4. The erection of fencing at
Rafferty Field, said fencing to run
approximately 225 feet northerly
and 225 feet easterly of home plate.
5. The installation of toilet facil-
ities in a shelter at Rafferty Field.
Motion seconded by Leo F. Mc-
Donough and unanimously adopted.
The joint meeting then adjourned.
Minutes of the joint meeting re•
corded by City Clerk.
Councilman Russo moved that
the minutes oP the joint meeting
of the City Council and Recreation
Gommisaion held May 18, 1949 be
incorporated in the Council records
and that the action taken by the
City Council at said joint meeting
of .the City Council and Recreation
Commission be confirmed. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
E
e
i
I`
r
i,
Special Session, May 23rd, 1499 229
May 23, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The contract of the Wickes En-
gineering & Construction Company
far the construction of the Termi•
nal Administration Building at the
Municipal Airport and the contract
of Horne & Williams for the elec-
trical work in the same project have
been completed in accordance with
the plans and specifications. These
units of work have .been inspected
by the representatives of the C. A.
A, and found completed. Therefore,
I recommend the acceptance of
these. two contracts on the part of
the Council.
Respectfully submitted,
A, A, RHOMBERG,
City Manager.
Councilman Thompson move d
that the recommendation of City
ltiianager Rhomberg be approved.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Rusao, Thompson, Van Duel-
man, Welu.
Nays-None.
There being no further business
Councilman Van Duelman moved
to adjourn. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ....................... __, 1949.
' Adapted ............................. 1949.
Councilmen { ......................................
Attest : ................................................
City Clerk.
z3o Special Session, May 31st, 1949
City Council
(OFFICIAL,)
Special Session, May 31st, 1949.
Council met at 7:30 P, M,
Present -Mayor Wharton, Coun-
cilmen Russo, Thompson, Van Duel-
man, Welu. City Manager Rhom-
berg,
Metting called by order of Coun-
cilmen Thompson and Van Due]•
man.
Mayor Wharton read the call and
stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of
discussing the proposed consolida-
tion of the Mid-Continent and Parks
Air Lines as the same affects
commercial aviation in Dubuque
and acting on any other business
as may properly come before a
regular meeting of the City Council.
Councilman Van Duelman moved
that the rules be suspended for
the purpose of allowing any one
present in the Council Chamber,
who wishes to do so, to address
the Council. Seconded by Council-
man Welu. Carried by the following
vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Mr. John. A. Kerper, Secretary
of Chamber of Commerce, and mem-
bers of the Aviation Committee of
the Chamber of Commerce, ad-
dressed the Council with reference
to the proposed consolidation of
the Mid-Continent and Parks Air
Lines as the same affects aviation
in Dubuque and discussed at some
length with the Council the matter
of procedure to follow in t}re filing
of a petition of intervention on
behalf of the City of Dubuque in
the matter of the application for
consolidation of the Mid-Continent
and Parks Air-Lines now pending
before the C. A. B,
Councilman Welu moved that the
Mayor be authorized to sign a
petition of intervention, on ,behalf
of the City of Dubuque, Iowa, in
the matter of the application for
approval of an agreement by and
between the Mid-Continent Airlines,
Inc. and Oliver Parks Airport, Inc.
now pending before the C. A. B.
Docket No. 3782. Seconded b y
Councilman Van Duelman. Carried
by the following vote:
Yeas -Mayor Wharton, Council•
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Notice of Claim of C. J. May
in the amount of $56,13 for damages
to his car caused in striking an
open manhole in the 1700 block
on Lincoln Avenue, presented and
read. Councilman Van Dullman
moved that the Notice of Claim be
referred to the City Solicitor for
investigation and report, Seconded
by Councilman Russo. Carried by
the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Maq 24, 1949
City of Dubuque
City Hall
Attn: Mr. A. A. Rhomberg
Dear Mr. Rhomberg:
The installation of the s e w e r
from Lowther Street northerly on
Windsor Avenue to Davis Avenue
and thence westerly 149 feet has
been completed by Thos. Flynn
Coal Co, and the project has been
accepted by the City of Dubuque.
Thos. Flynn Coal Co, has furnished
us with certificate relative to total
cost of construction of said san•
itary sewer, the original of which
certificate we enclose herewith
for filing with the appropriate office
of the city in accordance with the
terms of the ordinance authorizing
the construction of this sewer.
Kindly acknowledge receipt and
oblige.
Very truly yours,
O'CONNOR, THOMAS
& O'CONNOR
By F. H, O'Connor.
Councilman Russo moved that
the communication be received and
made a matter of record. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Special Session, May 31st, t949 231
t CERTIFICATE
TO THE CITY OF DUBUQUE,
DUBUQUE, IOWA
This is to certify that this com-
pany furnished all the necessary
material and labor for the construc-
tion of an 8 inch sanitary sewer
at and along Windsor Avenue from
the existing manhole at Lowther
Street northerly on Windsor Ave•
nue to manhole at Davis Avenue
and thence westerly 149 feet to
existing manhole so as to connect
with the present sanitary sewer
serving the buildings of the Sisters
of St, Francis of Dubuque, Iowa,
all in the City of Dubuque, Iowa,
and that the total cast for such
material and labor was S e v e n
Thousand Ninety-Four ($7,094.00)
Dollars, which sum has been paid
in full to the undersigned •by tfie
said Sisters of St. Francis. Dated
this 24 day of May, 1949.
THOS. FLYNN COAL CO.
By Thos. L. Flynn
President.
Councilman Russo moved that
the Certificate be received a n d
made a matter of record. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None:
Communication of Lodge No. 60
Brotherhood of Railroad Trainmen
with reference to the application
of the Milwaukee Railroad to dis-
continue the passenger train be-
tween Dubuque and Green Island
and advising that a hearing will
be held on said application on
June 8th, 1949 at the Dubuque Coun•
ty Court House and stating that
anything that the City Council can
do to stop this move on the part
of the Railroad Company will be
appreciated, presented and read.
Councilman Russo moved that the
City Manager and City Solicitor
be directed to attend the hearing
and to enter protest if it appears
that the interests of the City of
Dubuque are adversely affected and
to submit a report back to the
City Council upon the developments
at said hearing. Seconded by Coun-
cilman Thompson, Carried by the
following vote:
Yeas-Mayor Wharton, Ccuncil•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Communication of The Key City
Gas Company submitting annual
report for the calendar year 1948,
in accordance with Franchise stip•
ulation, presented and read. Council-
man Welu moved that the commu-
nication and annual report ,be re•
ceived and placed on file. Seconded
by Councilman Thompson. Carried
by the fallowing vote:
Yeas-Mayor Wharton, Counci]•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Communication of the Hawkeye
Casualty Company submitting for
filing the Powers of Attorney for
J. R, Owens and R. M. Schuler
granting them authority to ex-
ecute fidelity and surety bonds on
behalf of the Hawkeye Casualty
Company, presented and read. Coun•
Gilman Thompson moved that the
communication and Powers of At•
torney be received and placed on
file. Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Petition of Martha Marlin and
others requesting that the present
Fremont and Mt. Carmel north
bound bus from Byrant Street to
Delhi Street be continued, or a
provision be made for some bus to
run north on Grandview from Bry-
ant School, presented and read.
Councilman Thompson moved that
the petition be referred to the
City Manager to confer with the
officials of the Interstate Power
Company and to submit a report
back to the City Council at the
next meeting. Seconded by Coun-
cilman Russo. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Councii•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
z3z Special Session, May 31st, f949
Petition of George Clancy re-
questing that a refund in the
amount of $50.00 be granted on
the unexpired portion of the Class
"B" Beer Permit No. 111 issued to
George Deyoe, who pasesd away on
May 28, 1949, presented and read.
Councilman Van Duelman moved
that the request be granted and
the City Auditor instructed to draw
a warrant in the amount of $50.00
in favor of the Estato of George
Deyoe, or to a proper represent-
ative, to cover the amount of re-
fund granted on the unexpired por-
tion of Class "B" Beer Permit 111.
Seconded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Petition of C. G. Hoffman rer
questing permission to extend a
sanitary sewer from the existing
sewer on Windsor Avenue approx-
imately 350 feet in an easterly
direction on Davis Avenue, present-
ed and read. Councilman Van Duel•
man moved that the petition be
referred to the Council to view the
grounds. Seconded .by Councilman
Russo. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
May 25, 1949.
Mr. A. A. Rhomberg
City Manager..
Dubuque, Iowa
Dear Mr. Rhomberg:
At the meeting today the Com-
mission approved your request of
May 18 for permission to place
and operate traffic signals at the
intersection of Dodge and Locust
Streets, which is also the junction
oP U. S: Highway No. 20 and U. S.
Highway No. 61 near the westerly
end of the Julien Dubuque Bridge.
In our conversation about this
matter several weeks ago, I believe
we were agreed that traffic coming
from the bridge and turning right
toward the .business district might
be permitted to make that turn on
a green arrow indication at least
during part of the time that there
is a red signal against the cross
traffic.
It is entirely possible that the
green arrow might be used for
some of the other right turns also.
Also, there should probably be
some traffic laving by paint lines,
perhaps a little differently than
those which have existed. I pre-
sume that you will make a study of
the entire intersection before deter-
mining just what to do.
If we can help on this, we will
be glad to do do.
Very truly yours,
W. 0. PRICE, Engineer
Safety and Traffic
Nays-None.
Communication of May Clark,
Librarian, advising Council that the
terms to Mr. F. R. Lacy and Rev
erend Karl Schroeder, as members
of the Board of Trustees of the
Public Library, will expire July 1,
1949, presented and read. Council•
man Van Duelman moved that Mr.
F. R. Lacy and Reverend Karl
Schroeder be reappointed as mem-
bers of the Board of Trustees of
the Public Library for terms of six
years, said terms expiring July 1,
1955. Seconded by Councilman Welu
Carried by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
that the communication be received
and made a matter of record. Sec-
onded by Councilman Welu. Car•
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
that the City Manager be author-
ized to proceed with the installa-
tion of Stop and Go lights at the
intersection of Dodge and Locust
Streets. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Ali
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Special Session, May 31st, 1949 X33
May 31, 1949.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the meeting held May 23, 1949
I was instructed to contact Mon-
signor J. M. Wolfe and E. Marshall
Thomas to ascertain whether they
desired to be reappointed as mem-
bers of the Planning and Zoning
Commission. The results of my con-
tacts with them are as follows:
Monsignor J. M. Wolfe is willing
to continue service as a member
of the Commission but E, Marshall
Thomas wishes to relinquish his
membership due to the press of
legal business.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson move d
that the communication of City
Manager Rhomberg be received and
filed. Seconded by Councilman
Russo. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Councilman Thompson move d
that Monsignor J. M. Wolfe be
reappointed as a member of the
Planning and Zoning Commission
for a term of five years, said term
expiring May 24, 1954 and also
that Mr. John F. Carroll be ap-
pointed as a member of the Plan•
ning and Zoning Commission for
a term of five years, said term
expiring May 24, 1954, Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
May 31, 1949
Honorable Mayor and Members
of the City Council
City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
Mrs. Nellie Tucker referred to me
for investigation and report, on or
about May 1, 1949, claimant while
stepping from the sidewalk to the
street at the corner of East 15th
and Maple Streets, tripped and
fell in the street receiving an in-
jury to her arm, which required
medical care and X-ray pictures.
Claimant lost a week's time. Her
actual expenses were $1fi.00. She
has agreed to settle this claim
for $16.00. I recommend her claim
be allowed in the sum of $16.00
and that a warrant be issued for
that amount payable to her order
and the same be delivered to her
upon delivery to the City of a
release properly executed by her.
Yours truly,
JOHN J. KINTZINGER
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Solicitor Kintzinger .be approved
and the City Auditor instructed to
draw a warrant in the amount of
$16.00 in favor of Mrs. N e 11 i e
Tucker, as settlement in full of
her claim, and that said warrant
be delivered upon receipt by the
City of Dubuque of a properly ex-
ecuted release. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
Resolution No, 136.49
MAINTENANCE OF PRIMARY
ROAD EXTENSIONS
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa.
1. That pursuant to the provi•
sions of Sections 4755.21 and 4755.2?
of the Code of 1939, we hereby
approve and consent to the main-
tenance of all primary road ex-
tensions within said city of Du-
buque by the State Highway Com-
mission, as herein after set Yorth.
2. That the approval and consent
herein given for the maintenance
of said primary road extensions
within the city of Dubuque is based
on the assumption and understand-
ing that said maintenance to be
done by the State Highway Com-
mission will .be paid for by the
State Highway Commission out oP
234 Special Session, May 31st, 1949
the primary road fund, and that
no charge will be made against
the city of Dubuque on account
oY such maintenance performed or
to be performed by the Stata High-
way Commission on the said pri•
mart' road extensions within the
said city of Dubuque.
3. That the maintenance to be
done by the State Highway Com•
mission on the primary road exten-
sion within the city of Dubuque
shall include the usual surface
maintenance, roadbed repairs, re-
pairs to bridges, culverts and guard
rail, and other maintenance usually
performed on primary roads out•
side of cities and towns. That on
streets or portions of streets which
are curbed, the maintenance, ex-
cept snow removal, shall extend
Yrom curb to curb. That the main-
tenance of such primary road ex•
tensions shall include plowing the
snow from the full width of the
pavement or other surfacing, pro•
vided that it the pavement or other
surfacing is more than thirty feet
in width, then the Highway Com-
mission will plow the snow from a
traveled way only about thirty feet
in width.
4. That the maintenance of such
primary road extensions by the
Highway Commission shall not in-
clude
(a) The loading and hauling
away oP snow which i s
plowed oft the side o f
the traveled portion o t
the roadway.
(b) The sprinkling o f t h e
streets.
(c) The sweeping of t h e
streets.
(d) The maintenance or re-
pair of any sewers, water
pipes or other services
under the traveled surface
of the roadway or any
costa incident thereto.
5. That this resolution and the
terms thereof shall become effec-
tive upon the approval and accept-
ance thereof by the Iowa State
Highway Commission and shall be
in eftect until July 1, 1954 except
that the resolution may be rescind-
ed by the city at the end of any
fiscal year, ending Julp 1st.
Resolution approved and adopted
by the city council oP the city of
Dubuque, Iowa, this 31st day oY
May, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen
Attest: J. J. SHEA
City Clerk.
Resolution approved and accepted
by the Iowa State Highway Com•
mission on the 27th day of Sep•
tember, 1949,
ROBERT KEIR,
Chairman.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Welu. Carried
by the following vote.
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
CONTRACT
Primary Road Extension
Maintenance
This written memoranda of a-
greement made and entered into
by and between the City of Du-
buque, Iowa, Part of the First
Part and the Iowa State High•
way Commission, Ames, Iowa, Part
of the Second Part.
WITNESSETH:
In consideration of the perform-
ance by the Party of the First
Part, of maintenance work spec-
ified below during the period July
1, 1949, to June 30th, 1950, Second
Party agrees to pay First Party,
the amounts stipulated herein,
Party of the First Part agrees
to perform for the Party of the
Second Part, all routine mainten•
ante operations in the City of
Dubuque on extensions of primary
roads specifically described as fol-
lows: All extensions of Primary
Roads in the City of Dubuque ex-
cept the south 0.49 miles of U. S.
No. 61 and the west 0.65 miles
of U. S. No. 20. Total Miles 7.05
at $300.00 per mile. Total Routine
Maintenance $2,295.00.
It is understood that "rcutine
maintenance operations" shall in-
~r s
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8
Special Session, Nfay 31st, 1949 _235
clude surface maintenance, road
bed repairs, repairs to bridges, cul-
verts and guard rail, weed cutting,
snow plowing, and other main-
tenance usually performed on pri-
mary roads outside of cities and
towns. Routine maintenance of pav-
ed streets shall extend from curb
to curb. Snow plowing included
in routine maintenance will apply
to a width of approximately 30 feet.
The hauling and disposal of the
snow plowed from the 30-foot sec-
tion is not included in this contract.
Party of the First Part further
agrees to perform special main-
tenance work for the Party of the
Second Part on the above desig-
nated extensions. This special main-
tenance work is specifically des•
cribed as follows: Snow removal
and sanding of hills will be per-
formed as routing maintenance.
Any other special maintenance will
be covered by supplementary con-
tract.
Total Special Maintenance-None.
Total Contract Amount $2,295.00.
In Witness Whereof, the Parties
hereto have set their hands, for
the purpose herein expressed, on
this 31st day of May, 1949.
Dubuque, Iowa, By Albert Whar-
ton, First Party, Mayor.
Iowa State Highway Commission
By, Sanford Zeigler, July 5, 1949.
Chairman.
Recommended for A p p r o v a l
June 22, 1949
R. M, Tutton
Asst. District Engineer.
Councilman Russo moved that
the Mayor be authorized to execute
the contract on behalf of the City
of Dubuque, Iowa. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
RESOLUTION N0. 137.49
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following, having com-
plied with the provisions of law
relating to the sale of cigarettes
within the City of Dubuque, be
granted a permit to sell cigarettes
and cigarette papers within said
City and the manager is directed
to issue such permit on behalf
of said City.
None Address
Donald E. Wertz, 630 Main Street
BE IT FURTHER RESOLVED
that the bond filed with the ap-
plication be approved.
Passed, adopted and approved
this 31st day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec•
onded by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
RESOLUTION N0. 138.49
WHEREAS, applications for Close
"B" Beer Permits have been sub-
mitted to this Council far approval
and the same have ,been examined:
NOW, THEREFORE,
BE IT RESOLVED by the Coun•
ci] of the City of Dubuque that
the following applications be grant-
ed and the licenses are to be issued
upon the compliance with the terms
of the ordinances of this City.
CLASS "B" PERMIT
Name Address
Kathleen Dahl, 678 Central Ave.
Dell Warren and Ralph 1Varren,
1700 Central Avenue
Passed, adopted and approved
this 31st day of May, 1949.
ALBERT WHARTON
Mayor
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELU
Councilmen.
~ Attest: J. J. SHEA
City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec-
a36 Special Session, May 3rst, 1949
onded by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None
men Russo, Thompson, Van Duel•
man, Welu.
Nays-None.
Approved ............................. 1949.
Adopted ............................. 1949.
RE50LUTION N0. 139.49
WHEREAS, heretofore applica•
lions for Class "B" Beer Permits
were filed by the within named
applicants and they have receivd
the approval of this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to comply
with the ordinances of this City
and they have filed a proper bond:
NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dmbnque that
the Manager be and he is hereby
directed to Issue to the following
named applicants a Beer Permit.
CLASS "B" PERMIT
Name Address
Kathleen Dahl, 678 Central Ave.
Dell Warren and Ralph Warren,
1700 Central Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the same are hereby
approved.
Passed, adopted and approved
this 31st day of May, 1949.
ALBERT WHARTON
Mayor.
F. W. THOMPSON
FRANK VAN DUELMAN
ROMOLO N. RUSSO
CLARENCE P. WELD
Councilmen.
Attest: J. J. SHEA
City Clerk
Councilman Thompson move d
the adoption of the resolution. Sea
onded by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Wharton, Council•
men Russo, Thompson, Van Duel-
man, Welu.
Nays-None.
There being no further business
Councilman Van Duelman moved
to adjourn. Seconded by Council-
man Russo. Carried by the following
vote:
Yeas-Mayor Wharton; Council-
7ouncilmen: { ....................................
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Attest : .............. ................__ .
Clty Clerk.
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