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1949 June Council ProceedingsRegular Session, June 6th, 1949 X37 7 ~, City Council (OFFICIAL) Regular Session, June 6th, 1949. Council met at 7:30 P.M. Present-Mayor Wharton, Coun- cilmen Russo, Thompson, V a n Duelman, Welu. City Manager Rhomberg, Mayor Wharton stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before t h e meeting. 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 Russo. Carried by the follow- ing vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays - None. Communication of the Parking & Intro-City Traffic Committee of the Chamber of Commerce with reference to the provisions of S. F, 9, passed at the recent session of the Iowa Legislature, and which will become a law effective July 4th, to fully legalize the use of seventy five percent of Parking Meter revenue and for the acqui- sition of off-street parking facili- ties as• well as for the liquidation of any Revenue Bonds issued for that purpose and suggesting that the necessary action by the City Administration be initiated with as little delay as possible, as it mill undoubtedly be necessary to consult expert legal authority to assist in charting the course of procedure, in order to insure the marketability of such Revenue Bonds, presented and read. Mr. M. H. Czizek, Attorney, a member of the Parking Committee of the Chamber of Commerce, addressed the Council in support of the com- munication. Councilman Van Duel- maq moved that the communi- cation be referred to the City Solicitor to secure opinion from Chapman and Cutler, Attorneys, as to the legality of Senate File No. 9 and also as to the legality of the issuance of Revenue Bands for off- street parking facilities. Seconded by Councilman Thompson. Carried .by the following vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays - None. Communication of the Parking and Intro-City Traffic Committee of the Chamber of Commerce with reference to the necessity for the construction of a viaduct over, or an underpass under, the rail- road tracks on East Fourteenth Street also the necessity for the covering of the B Branch Sewer at East Fifteenth and Sycamore Streets, presented and read. Mr. M. H. Czizek, Attorney, a member of the Parking Committee of the Chamber of Commerce, addressed the Council in support of the com- munication. Councilman Van Duel- man moved that plans and specifi- cations be prepared for the cover- ing of the B Branch Sewer at East 15th Street and Sycamore Street and that East 15th Street be opened up for traffic. Seconded by Councilman Thompson. Car- ried by the following vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays - None, Mayor Wharton moved that in• asmuch as the City Council is agreed that a grade separation is necessary at East 14th Street and railroad tracks, that the City Man- ager ,and City Solicitor be in- structed to advise the City Council as to the ways and means to proceed with the proposed grade separation at East 14th Street and railroad tracks. Seconded by Coun- cilman Welu. Carried by the fol• lowing vote: Yeas -Mayor Wharton, Coun• cilmen Russe, Thompson, Van Duelman, Welu. Nays -None. Communication of the Maquo• keta Chamber o f Commerce, Maquoketa, Iowa, with reference to the application of the Milwau• bee Railroad for the establishment Hof a bus line between Dubuque II'~~ 238 Regular Session, June 6th, 1949 and Delmar Junction, and asking Council support of this application at the hearing before the Iowa Commerce Commission to be held in Dubuque on Wednesday, June 8, 1949, presented and read. Coun- cilman Thompson moved that the communication be received a n d filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Th nnpson, V a n Duelman, Welu. Nays - None. Petition of The Volunteers of America, Des Moines, Iowa, re• questing permission for the hold- ing of a tag day on Saturday, June 25th, 1949, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Russo. Carried by the following vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays - None. Petition of Dr. B. B. Bahme requesting that the City Water Department extend a line from the main which ends at the corner of McLennan and Tressa Street s down to his property line at the end of Tressa Street, presented and read. Councilman Welu moved that the petition be referred to the Water Superintendent to con• fer with Dr. B. B. Bahme for the purpose of making arrangements for the extension of water service as suggested. Seconded by Coun• cilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of I. J. Jogerst and others, property owners, request• ing the construction of a sanitary sewer on Brunswick Street, Strauss Street, Balks Street and Link Street, presented and read. Councilman Russo moved that the petition be referred to the Council to view the grounds, that a plat and schedule .be prepared showing the cost of construction of said sewer and that proper waivers be secured from the property owners to pay for the cost of constructing said sewer. Seconded by Council• man Van Duelman. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of M. Lois Reid Stew- art, County Extension Home Econ• omist, asking that Mayor Wharton issue a proclamation designating Wednesday, June 15th, 1949 as 4•H Boys and Girls Day in Dubuque and Dubuque-land, presented and read. Councilman Thompson moved that the petition be refer- red to the Mayor for action. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of Ralph 0. Howard, Chairman of "June Dairy Month" Committee, asking that Mayor Wharton sign the attached proc- lamation designating the period of June 1949 as June Dairy Month for the City of Dubuque also ex• tending invitation to the Mayor, representing the administration of the City of Dubuque, to ride in the Dairy Industries Queen Parade on Saturday afternoon, June 25, presented and read. Councilman Van Duelman moved that t h e petition be referred to the Mayor for action. Seconded by Council- man Russo. Carried by the follow ing vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of Clem J. McGuire re- questing permission to construct an unloading platform in the alley abutting. City Lot 190, .presented and read. Councilman Thompson moved that the petition be re- Perred to the Council to view the grounds. Seconded by Councilman Russo, Carried by the following ~I vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. F. '~ IS„ ~ ~~: I,. Regular Session, June 6th, 1949 239 Petition of Mrs. John Klinkner and others requesting the C i t y Council to authorize the re-routing of the Fremont-Mt. Carmel bus over Lombard Street to Algona, then north on Algona to Univer• sity Avenue and then on its nor- mal route, presented and read. Councilman Thompson moved that the petition be received and filed. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Communication of Wm. Collins Sr. and others stating that they would greatly appreciate it if the City Council do not change the route of the Mt. Carmel•Fremont Bus, presented and read. Council- man Thompson moved that the communication be received and filed. Seconded by Councilman Russo. Carried .by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. City Manager Rhomberg verbally recommended to the City Council that the bus route ordinance as proposed be adopted. Ordinance No. 25.49. An Ordi• nonce designating certain motor bus routes in the City of Dubuque, repealing all ordinances or parts thereof i^ conflict herewith, pro• viding for a penalty fora viola- tion of the provisions hereof, said ordinance having been passed up• on first reading on May 23rd, 1949 and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 25--49 An Ordinance designating cer- tain motor ,bus routes in the City of Dubuquo, repealing all ordi- nances or parts thereof in conflict herewith, providing Por a penalty for a violation of the provisions hereof. BE IT ENACTED BY T H E CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That certain routes to be traversed by the Interstate Power Company bus transporta• lion system in the City of Dubuque shall be as follows: Cleveland Avenue and M o u n t Carmel Route: Point of Beginning: 12th and Main, South on Main Street to Railroad Avenue, West on Railroad Avenue to Southern Avenue, West on Southern Avenue to Grandview, South on Grandview Avenue to Mount Carmel Loop, North on Grandview Avenue to Bryant, East on Bryant Street to Rush Street, South an Rush Street to Mountain Lane, East on Moun- tain Lano to Cleveland Avenue, North on Cleveland Avenue to Bryant Street, East on Bryant Street to Dodge Street, South and East on Dodge Street to Bluff Street, North on Bluff Street to Janes Street, East on Jones Street to Main Street, North on Main Street following regular Linwood route. Linwood Route: Point of Begin- ning: Davis Avenue and Windsor Avenue; West over Davis Avenue to Sheridan Avenue, South o n Sheridan Avenue to Edith Street, West on Edith Street to Burden Avenue, South on Burden Avenue to Windsor Avenue, South an Windsor Avenue to 22nd Street, West on 22nd Street to Central Avenue, South on Central Ave• nue to Seventh Street, West on Seventh Street to Main Street, North on Main Street to 12th Street, East on 12th Street to Jackson Street, North on Jackson Street to 22nd Street, East on 22nd Street to Windsor Avenue, North on Windsor Avenue to Davis Avenue - or paint of beginning. Fremont Avenue Route: Point of Beginning: Sth Avenue and Main Street, South on Main Street to Jones, West on Jones Street to Bluff Street, South on Bluff Street to Dodge Street, West on Dodge Street to Fremont Avenue, South on Fremont Avenue tc Wartburg Place; return over Fremont Ava nue to Dodge Street, North and West on Lombard Street to Alga na Street, North and East on Algona Street to Loras Blvd., East Zoo Regular Session, June 6th, Ig49 on Loras Blvd., to Alta Vista Street, South on Alta Vista Street to Rose Street, East on Rose Street to Race Street, South on Race Street to West Eleventh Street, East on West Eleventh Street to Prairie Street, North on Prairie Street to Loral Blvd., East oh Loras Blvd., to Main Street, South on Main Street to point of heginning. Eagle Point Route: Point of Beginning: Seventh and Main St., North on Main Street to 12th Street, East on 12th Street to Elm Street, North on Elm Street to Rhomberg Avenue, East on Rhomberg Avenue to Lincoln Ave- nue, West on Lincoln Avenue to Sumner Street, South on Sumner Street to Rhomberg Avenue, West on Rhomberg Avenue to Elm St., South on Elm Street to 12th St., West on 12th Street to Main St. South on Main Street to Sixth Street, East on Sixth Street to Iowa Street, North on Iowa Street to Seventh Street, West on Sew enth Street to point of beginning. Main Street Route: Point of Beginning: Janes and Main Sts.; North on Main to 12th; East on ]2th to Central; North on Central to Twenty-Fourth; East on Twenty Fourth to Jackson; North on Jackson to Milwaukee Ave.; West on Milwaukee to Central Avenue; South on Central Ave., to Fifteen- th St.; West on Fifteenth St., to Main; South on Main St. to point of beginning. Section 2. The foregoing routes shall be maintained and services by motor bus transportation for the remaining period of the fran• chile of said Company, its suc- cessors and assigns, except modifi- cations and additions thereto may, when properly authorized, be made as the demands and convenience of the public may make the same necessary or advisable. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed, Section 4. 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 5. This Ordinance shall be in force and effect ten (10) days from and after its final pas- sage, adoption and approval by the, City Council and publication as provided by law. ~ Passed upon first reading this 23rd day of May 1949. Passed, adopted and approved upon final reading this 6th day of June, 1949. ALBE-RT 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 9th day of June, 1949. J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month oY April, 1949, presented and read. Council• man Van Duelman moved that the proof of publication be recieved and filed. Seconded by Council• man Russo. Carried by the follow• ing vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 3, 1949. To the Honorable Mayor and City Council., Dubuque, Iowa. Gentlemen: At the meeting of May 2, 1949, the petition of Joe Jurisic and ~~ i i ~. t. i 4,- q a t_ Regular Session, June 6th, 1949 241 others requesting a street light at the intersection of Valeria Street and Cushing Place was referred to the Council to view the grounds. The Council having viewed the intersection decided to grant the request. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Auditor regarding approval of the sale of Lots 20 and 21 of Quigley's Sub of Outlet 709 by Dubuque County to Clarence J. Mitchell for $150.00 was referred to the Coun- cil to view the grounds. The Council after examining the premises decided to approve the sale. I recommend that the action of the Council be confirmed by the passage of the attached resolu- tion. 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, Coun- cilmen Russo, Thompson, V a n Duelman, Welu. Nays -None. June 3, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of May 16, 1949 the oral request for the opening of a street connecting Primrose and Kane Streets was referred to the Council to view the grounds. The Council having visited the site decided to have a survey made and to instruct the City Manager to negotiate with the property owners for the right of way. I recommend that the deci- sion of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Welu moved t h a t the recommendation of City Man- ager Rhomberg be approved. SeG onded by Councilman Russo. Car- ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duehnan, Welu. Nays -None. June 3, 1949. To the Honorable Mayor and City Council., Dubuque, Iowa. Gentlemen: At the meeting of May 23, 1949 the communication of the County 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, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. RESOLUTION N0, 14(1.49. WHEREAS, Lots 20 and 21 of Quigley's Sub. of Outlet 709 in the City of Dubuque, Dubuque County, Iowa, were sold on Janu- ary 5, 1942 to Dubuque County, Iowa by the County Treasurer of Dubuque County, Iowa for the delinquent taxes and unpaid taxes against the real estate for the years 1938 to 1940, inclusive, and WHEREAS, The said Dubuque County, Iowa desires to sell the above described real estate to Clarence J. Mitchell for $150.00; and WHEREAS, The sale of said property by Dubuque County, Iowa to Clarence J. Mitchell for a sum less than the total amount stated in the tax certificate including all endorsements of subsequent gen- eral taxes, interests and costs requires the written approval of a majority of alt the tax-levying and tax-certifying bodies having any interest in said general taxes; Now Therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the sale of said property to Clarence J. Mitchell for the sum of $150.00 in cash, be and the z4z Regular Session, June 6th, 1949 same is hereby authorized and approved. Passed, adopted and approved this 6th day of June, 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 adoption of the resolution. Second- ed by Councilman We.lu. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 6, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policy and desire to have your approval on same for filing: EXCAVATION Ideal Plumbing & Heating Co. 2514 White Street, Policy No. 79- 2904. Iowa Mutual Casualty Co. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the policy be approved a11d placed on file. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Juno 6, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting held May 16th, the verbal request of Louis Guasto and others of a committee representing the Dubuque County Conservation Society requesting the dredging and opening of Lake Peosta to provide open orator fish- ing, skating and other forms of recreation was referred to the Council to view the grounds. The Council viewed the area on Thursday, June 2nd. After such examination ahd discussion, it was decided that a determination of the powers and responsibilities of the City in regard to the stated purposes be obtained before pro ceeding further. I recommend that such legal opinion be furnished the Council. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Russo moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Van Duel- man. Carried .by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 6, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of May 16th, the petition of Arnold Maus and others, residents on the street known as North Burden, together with the petition of Andrew J. Finzel and others, property own- ers along what is known as Davis Street, asking to be annexed to the City of Dubuque were referred to the Council to view the grounds. The Council having examined the property decided to instruct the City Manager to make an investigation and to submit a re- port and recommendation to them. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Russo, Carried by the fallowing vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays - Nane, ~I ~~ Regular- Session, June 6th, 1949 z43 June 6, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The plumbing and heating work in the administration .building of the Municipal Airport has been completed according to the plans and specifications by the contrac- tor, H. B. McCarten. I, therefore, recommend the acceptance of this work by the City Council. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of City Dlanager Rhomberg be approved. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas -Mayor Wharton, Coun- i cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. II June 6, 1949, ~ To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions of May 2nd, waivers have been solici- ted from the owners of property abutting and adjacent to Adair Street from Loras Boulevard to Rosedale Avenue. Of the sixty-four lots involved, replies have been received from the owners of fifty-two, with 37 oY them agreeing to pay assessments for curb and gutter and fifteen indicating opposition to the im• provement. The waivers and cor- respondence are attached and sub- mitted for the consideration of the Council. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Russo moved that the communication of City Man- ager Rhomberg and the waivers of property owners be recieved and placed on file, also that a grade be established on said Adair Street, also that a plat and sched- ule ,be prepared showing the cost to property owners for the pro- posed curb and guttering on Adair Street. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 6, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petitions of James Howarth and of C. G. Hoffman requesting permission to extend a sanitary sewer in Davis Street from the existing sewer in Windsor Avenue easterly approximately 350 feet were referred to the Council to view the grounds. After viewing the premises, the Council decided to grant the re- quest. Irecommend that the deci- sion of the Council be confirmed by the passage of the attached resolution. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. RESOLUTION N0. 141-49 Whereas James Howarth and C. G. Hoffman have applied to the City of Dubuque requesting per•. mission for the extension of a sanitary sewer in Davis Street from the manhole of the existing sewer in Windsor Avenue easter- ly approximately 350 feet to serve the east 300 feet of Lot 1 of 4 of the subdivision of the northeast quarter of Section 13, under cer- tain stipulated conditions. Now, Therefore, be it resolved by the City Council of the City of Dubuque: Section 1. That permission be, and the same is hereby granted to James Howarth and C. G, Hoff- man for the extension of a six- inch sanitary sewer from the man- hole of the existing sewer in Windsor Avenue easterly approxi- mately 350 feet to serve the east 244 Regular Session, June 6th, 1g49 300 feet of .Lot 1 of 4 of the sub-division of the northeast quar- ter of Section 13. Section 2. That the construction of said sewer, which includes -the type of pipe and location thereof, shall be done only under -the supervision of the Gity Engineer. Section 3. That the total cost of the construction of said sewer shall be paid by James Howarth and C. G. Hoffman, and no part thereof shall be borne by the City of Dubuque. Section 4. That after said sewer has been laid and completed, the street shall be put back in as good condition as it was before it was torn up for the purpose of receiv- ing said sewer, at the coat of James Howarth and C. G. Hoffman and said James Howarth and C. G. Hoffman shall be held responsible for any and all damages which may arise out of the construction thereof, failure to properly guard the excavations and restore the street to the condition it was in before the construction began. Section 5. That after said sani- tary sewer has ,been constructed, all persons living along and ad- jacent to said sewer shall have the right to connect therewith, but such right shall only be grant- ed upon a proper application being made to the City Council and by paying to James Howarth and C. G. Hoffman, their successors or assigns, or depositing in the office of the City Clerk for James Ho- warth and C. G. Hoffman: the applicant's proportionate part of the cost of constructing said sewer based on the lineal frontage of his property abutting on said street, but in no event shall the amount to be paid by applicant exceed the amount that may be levied under law for the construction of said sewer. Within 60 days after the completion of said sewer ap- plicant shall file with the City Clerk a statement under oath showing an itemized account of the cost thereof. Section 5a. This sewer when completed shall become part of the city sewer system, and may be extended further easterly on Davis Street by direction of City Council. Section 6, That this Resolution shall ,be effective and in force and effect from and after its passage and adoption by the Council, and written acceptance thereof by ap- plicant. Passed, adopted and approved this 6th day of June, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. ACCEPTANCE OF RESOLUTION James Howarth and C. G. Hoff- man, having read the foregoing Resolution, and having full know- ledge of the terms and conditions thereof, hereby accept the same as adopted, and agree to comply with all the terms and conditions, and assume all liabilities imposed upon them, including those set forth in Section 4. Executed this 8th day of June, 1949. C. G. HOFFMAN JAMES HOWARTH Councilman Russo moved t h e adoption of the resolution. Second- ed by Councilman Walu. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. RESOLUTION N0. 142.49 WHEREAS, applications for a Class "B" Beer Permits h a v e been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with t h e ordinances of this City. CLASS "B" PERMIT Lester Shetler and Sylvester Shetler, 1638 Central Avenue Mrs. Josephine Burke, 10 9 1 Main Street Steve Cole, 402 Main Street A. R. Uppinghouse and Philo- mena Uppinghouse, 238.240 West 6th Street Leo F. Link and Bernice Link, 1487 Central Avenue k ~. ~:. 1 R c i~ i a ' -` Regular Session, June 6th, 1849 245 CLASS "B" PERMIT FOR PRI- VATE CLUB The Travelers Club, 75 East 4th Street Passed, adopted and approved this 6th day of June, 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, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. RESOLUTION N0. 143.49 WHEREAS, heretofore applica- tions for Class "B" Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to .be occupied by such applicants have been inspected and found tc com- ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby dir- ected to issue to the. following named applicants a Beer Permit. CLASS "B" PERMIT Lester Shetler and Sylvester Shetler, 1638 Central Avenue Mrs. Josephine Burke, 10 91 Main Street Steve Cole, 402 Main Street A, R. Uppinghouse and Philo- mena Uppinghouse, 238-240 Wes t 0th Street Leo F. Link and Bernice Link, 1487 Central Avenue CLASS "B" PERMIT FOR PRh VATE CLUB The Travelers Club, 75 E a s t Fourth Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 6th day of June, 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. Sec- onded by Councilman Welu. Car- ried .by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. RESOLUTION N0, 144.49 Preliminary approval oP plans, specifications, form of contract, plat and schedule and all other documents for the construction of sanitary sewers and appurtenances in what is known as the Cherry- Green Street Sewer District as delimited by Ordinance No, 16- 49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift sta- iion and six (6) inch cast Iron force main for the Cherry-Green Street Sewer District. The eight (8) inch sewer line begins at the lift station located on the inter- section of the center lines of the alley at the corporation 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 be- tween lots numbered 205 and 206 of Finley's Addition; thence south- erly along a line 5 feet westerly of and parallel to the easterly line of lot number 206 of Finley's Addition to the Canter of Cherry Street; thence easterly along the center line of Cherry Street to a point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also westerly along the center-line of Cherry Street to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 246 Regular Session, June 6th, 1949 208 of Finley's Addition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of Finley Street to the centerline of the alley 1st south of Cherry St.; also an eight inch vitrified file sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the. center line of Green Street; thence easterly along the center line of Green Street to a point on the Prolongation of the line be- tween lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the center linos of Green and Finley Streets north- erly along the center line of Fin- ley Street to the intersection with Poplar and Karrick Streets; thence northerly along the center line oP Poplar Street to a point on the prolongation of the line subdivid- ing the northeast 102 feet and the southwest 65 feet-9 inches of lot number 145 of Finley Addition; also westerly from the intersec- tion of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a paint on the prolongation of the line be- tween lots numbered 141 and 142 Finley Addition, A six inch cast iron force main to be laid on a line beginning at the lift station located on the intersection of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets and running north along the cen- ter line of the alley at the corpora- tion limits a distance of SEO feet, and continuing north from this point with an eight inch vitrified file sewer main across Asbury St. to the existing sanitary sewer manhole located at the intersec- tion of said alley and the center fine of Seminary Street. Estimated cost 8" V. S. P. Sewer $15,253.94, Farce Main & Lit t Station $20,351.58. Total $35,605,52. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Welu. Carried .by the following vote: Yeas -Mayor Wharton, Coun- oilmen Russo, Thompson, Van Duelman, Welu. Nays -None. (Necessity for Improvement) RESOLUTION N0. 145 - 49 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubu• que and are now en file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, iP any. 2. The size and kind of sewers. 3. Each lot proposed to be assessed together with a valuation fixed by the council. 4, An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of sanitary sewers and appurtenances in what is known as the Cherry-Green Street Sewer District as delimited by Ordinance No. 16.49, The improvement shall ,consist of the construction of an eight (8) inch sanitary sower, lift station and six (6) inch cast iron Porte main for the Cherry-Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta- tion located on the intarsection of the center lines of the alley at the corporation 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 pro- longation of the line between lots numbered 205 and 206 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 t h e Center of Cherry Street; thence easterly along the center line of Cherry Street to a point on the prolongation of the line between Regular Session, June 6th, 1949 247 lots numbered 220 and 221 of Fin- r ley's Addition; also westerly along the center line of Cherry Street to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 208 of Finley's Ad- dition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of Finley Street to the centerline of the alley 1st south of Cherry Street; also an eight inch vitrified file sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the cen- ter line of Green Street; thence easterly along the center line o1 ',•~ Green Street to a point on the .; prolongation of the line between lots numbered 197 and 2 oY 198 of ~.y. Finley's Addition; also from the in ~eraectfon of the center lines of Crean and Finley Streets northerly along fhe 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 subdivid• ing the northeast 102 feet and the °~,- southwest 65 feet-9 inches of lot - number 145 of Finley Addition; also westerly from the intersection of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line beginning at the lift station locat- ed on the intersection of the cen- ter lines of the alley at the corpor- ation limits and the alley between Cherry and Green Streets and run- ning north along the center line oP the alley at fhe corporation limits a distance of 880 feet, and continuing ^orth from this point with an eight inch vitrified file sewer main across Asbury Street to the existing sanitary sewer manhole located at the intersec- tion of said alley and the center line of Seminary Street. BE IT THEREFORE RESOLV• ED that the City Council on its own motion or upon petition of .~ property owners, deems it advis- able and necessary for the public welfare to make the herein men• tinned improvement and unless property owners at the time of the final consideration of this pro posed resolution have on file with the City Clerk objections to the amount of the proposed assess• ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved .by the. City Council and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the 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 a,d sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of June, 1949. Approved: ALBERT WHARTON Mayor. F, W. THOMPSON FRANK VAN DUELMAN ROMO~LO 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 Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun• 248 Regular Session, June 6th, 1949 cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. (Fixing state of hearing) RESOLUTION N0. 146.49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 144-49 given its preliminary approval on the pro• posed plans specifications and forms of contract and placed same on file in the office of the City Clerk far public inspection, for the construction of sanitary sewers and appurtenances in what is known as the Cherry-Green Street Sewer District as delimited by Ordinance No. 16-49, The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main for the Cherry-Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta- tion located on the intersection of the center lines of the alley at the corporation limits and the alley between Cherry and G r e e n Streets; thence easterly along th center line of the alley between Cherry and Green Streets to a point 5 feet westerly from the pro- longation of the line between lots numbered 205 and 206 of Finley's Addition; thence southerly along a line 5 feet westerly of and parallel to the easterly line of lot num- ber 206 of Finley's Addition to the Center of Cherry Street; thence easterly along the center line of Cherry Street to a paint on the prolongation of the line ba tween Lots numbered 220 and 221 of Finley's Addition; also westerly along the centerline of Cherry St., to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 208 of Finley's Ad- dition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of Finley Street to the centerline of the alley 1st south of Cherry Street; also an eight inch vitrified file sanitary sewer beginning at said lift sta• lion and running north in the alley of the corporation limits to the center line of Green Street; thence easterly along the center line of Green Street to a point on the prolongation of the line be- tween lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the centerlines of Green and Finley Streets north- erly along the centerline of Fin- ley 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 subdivid• ing the northeast 102 feet and the southwest 65 feet-9 inches of lot number 145 of Finley Addition; also westerly from the intersection of Finley and Poplar Street along a tine 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line be- ginning at the lift station located on the intersection of the center lines of the alley at the corpora- tion limits and the alley between Cherry and Green Streets and run- ning north along the center line of the. alley at the corporation limits a distance of 880 feet, and continu- ing north from this paint with an eight inch vitrified file sewer main across Asbury Street to the existing sanitary sewer manhole located at the intersection of said alley and the center line of Semin- ary Street. WHEREAS, the proposed Reso- lution of Necessity for said im- provement has ,been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLV- ED that on the 30th day of June, 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 prop- erty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the Ip f ~' li r 6 r k I Regular Session, June 6th, 1949 249 amount proposed to be assessed against any lot and to the pass- age of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to ba 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, the y 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 6th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO RUSSO CLARENCE P. WELD Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Resolution No. 147.49. Prelimin- ary approval of plans, specifica- tions, form of contract, plat and schedule and all other documents for the construction of an eight (8) inch vitrified file sanitary sewer in Dillon Street beginning at the existing manhole in State Street (being 292 feet south of the center line of Curtis Street) and running westerly on or about the center line of the alley 1st south of Curtis Street far 391 feet to M. H. No. 2 at the center of Dillon Street, thence southerly along the center line of Dillon Street for 457 feet to the terminal point. Estimated cost $4,055.48. Council- man Van Duelman moved the ad- option of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun~ cilmen, Russo, Thompson, Van Duelman, Welu. Nays -None. (Necessity for Improvement) RESOLUTION N0. 148.49 WHEREAS, proposed p 1 a n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on Pilo in the office of the City Clerk showing among other things the following: 1, The boundries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed t o b e assessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mat- erial to be used. In each case the a m o u n t thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch vitrified file sanitary sewer i n Dillon Street beginning at the ex- isting manhole in State Street (being 292 feet South of the center line of Curtis Street) and running westerly on or about the center line of the alley 1st South of Cur- tis Street for 391 feet to MH. No. 2 at the center of Dillon Street, thence southerly along the center tine of Dillon Street for 457 Peet to the terminal point. BE IT THEREFORE RESOLV• ED that the City Council on its awn motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time oY the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. ago Regular Session, June 6th, 1949 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 ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid• ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general .fund, improve- ment fund or sewer funds, a r 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 place on file with the City Clerk this 6th day of Juno, 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 Van Duelman moved that the resolution be approved and placed on file far Yinal action. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. (Fixing date of hearing) RESOLUTION N0. 149.49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 147-49 given its pre liminary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of an eight (8) inch vitrified file sanitary sewer in Dillon Street begnning at the existing manhole in State Street (being 292 feet South of the center lino of Curtis Street) and running westerly on or about the center line of the alley 1st South of Curtis Street for 391 feet to MH. No. 2 at the center of Dillon Street, thence southerly along tha center line of Dillon Street for 457 feet to the terminal point. and, WHEREAS, the proposed Reso• lution of Necessity for said im• provement has been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLV• ED that on the 30th day of June 1949 a public hearing will be held at 7:30 o'clock P. M. in the Coun- cil Chamber in the City of Dubu- que at which time the owners of property subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the pass- age of the proposed Resolution oY Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera- tion and unless property ewners at the time of final consideration of said resolution have on file with the Clerk ablectiona to the amount of the proposed assessment, they shall have been deemed to have waived all abjectiona thereto, at which hearing the Council will hear such objections and enter en record its final decision thereon. Passed, adapted and approved this 6th day of June, 1949. Regular Session, June 6th, 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 moved the adoption of the resolution. Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of City Employees Local No. 228 submitting for Council con- sideration a seniority outline to cover members of the Street• Sewer-Garage and Park Depart- ments not under the Civil Service protection, presented and read. Councilman Thompson moved that the petition be referred to the City Manager to confer with the petitioners and submit a report back to the Council Seconded by Councilman Russo. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van ` Duelman, Welu, Nays -None. There ,being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. J. J. SHEA City Clerk. Approved ............................... 1949. Adopted .................................. 1949. 7ouncilmen: j .................................. Attest :................................................ City Clerk. 251 252 Special Session, June loth, 1949 ~Ity COI~iICI~ (OFFICIAL-) Special Session, June 20th, 1949. Council met at 7:30 p.m. Present-Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. City Manager Rhomberg. Absent -Councilman Russo. Meeting called by order of Coun- cilmen Van Duelman and Welu. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering proposals received for the improvement of West Third Street, also for the improve- ment of Simpson Street and also far the improvement of Cross St. and acting on any other business as may properly come before a regular meeting of the City Counc- cil. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of West Third Street from the east property line of Algona Street to the west property line of Grand- view Avenue, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas -Mayor Wharton, Coun• cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. June 20, 1949, Honorable Mayor and City Coun• cil, Dubuque, Iowa Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 a.m. June 20, 1949 for the improvement of West Third St with concrete curb and gutter from Grandview Avenue to Algona Street. Three bids were receivet as shown on the attached tabu lotion. I recommend that the contrac~ for this work be awarded t h i Thomas Flynn Coal Company, this being the lowest and best bid received. Respectfully submitted, A. A, Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. (Awarding Contract) RESOLUTION N0. 150.49. WHEREAS, proposa]s have been submitted by contractors for the improvement of Weat Third Street from the east property line of Algona Street to the west property line of Grandview Avenue pursuant to Resolution No. 131.49 and Thos. Flynn Coal Co. contractor, has submitted the lowest bid Yor the furnishing of al] labor a n d materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract far the above meutioned improvement be award- ed to Thos. Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Councih Approved and placed on file for one week on June 20th 1949. Councilman Van Duelman moved that the resolution be approved and placed on file for at least one week. Seconded by Councilman Welu. Carried .by the following vote: Yeas -Mayor Wharton, Coun• cilmen Thompson, Van Duelman, We]u. Nays -None. Absent -Councilman Russo. Special Session, June loth, 1949 253 Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Simpson Street (north side) from the west property line of Fremont Avenue to the east property line of Cross Street, presented and read. Coun- cilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo, June 20, 1949, Honorable Mayor and City Coun• cil, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 a.m„ June 20, 1949, for the improvement of Simpson Street vrith concrete curb and gutter on the north side of the street from Fremont Avenue to Cross Street, Three bids were received as shown on the attached tabulation. I recommend that the contract for this work be awarded the Thomas Flyn Coal Company, this being the lowest and best bid received. Respectfully submitted, A, A, Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg ,be approved. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Councilman Russo entered the Council Chamber and took his seat at 7:35 p.m. (Awarding Contract) RESOLUTION N0. 15149. WHEREAS, proposals have been submitted by contractors for the improvement of Simpson Street (north side) from the west prop- erty line of Fremont Avenue to the east property line of Cross Street pursuant to Resolution No. 133.49 and Thos. Flynn Coal Co. contractor, has submitted the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos. Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuue for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 20th 1949. Councilman Welu moved that the resolution be approved and placed on file for at least oue week. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement o f Cross Street (east side) from the south property line of Coate a Street to the north property line of Simpson Street, presented and read. Councilman Van Duelman moved that the proof of publica- tion be received and filed. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 20, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: , Pursuant to your instructions, sealed bids were received until 10:00 a.m., June 20, 1949 far the ~S4 Special Session, June loth, 1949 improvement of Cross Street with concrete curb and gutter on the east side of the street. Three bids were received which are on the attached tabulation. I recommend that the contract for this work be awarded the Thomas Flynn Coal Company whose bid was the lowest and best received. ~ 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 fallowing vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None, (Awarding Contract) RE5OLUTION N0. 152.49. WHEREAS, proposals have been submitted by contractors for the improvement of Gross Street (east side) from the south property line of Coates Street to the north property line of Simpson Street pursuant to Resolution Na. 135-49 and Thos. Flynn Coal Go, contrao• tor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided `for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos. Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity become effective from a n d after its passage and adoption by the City Council. Approved and placed on file for one week on dune 20th 1949. Councilman Van Duelman moved that the resolution be approved and placed on file for at ]east one week. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. 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 Coun- cilman Welu. Carried by the follow ing vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Mr. Glen Candler addressed the Council requesting that he b e granted a permit to enclose the porch of their residence located at 17 3 0 Elm Street. Councilman Thompson moved that upon the filing of a written application by Mr. Glen Candler with the City Clerk, that the same be tflrned over to the Board of Adjustment for their consideration and action. Seconded .by Councilman Van Duel- man. Carried by the fallowing vote: Yeas - Mayor 1Vhartou, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Mr. Morton Murphy addressed the Council asking that parking be allowed on one side of the street at the intersection of West 12th Street and Grove Terrace, Councilman Welu moved that the verbal request of Mr. Morton Mur- phy be referred to the Chief of Police for investigation and report. Seconded by Councilman Russo. Carried by the fallowing vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Communication of the National Safety Council with reference to this years Fourth of duly safety campaign and asking that t h e Mayor make a brief statement to the press requesting citizens to support this holiday campaign, pre- sented and read. Councilman ~' ~r I~_ II(. I I h +,~, "1 .w Special Session, June loth, 1949 X55 Thompson moved that the com- munication be referred to the Mayor for action . Seconded b y Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Communication of Harold L, Mc- Carron advising Council that York Street is badly in need of repairs, presented and read. Councilman Thompson moved that the com- munication ,be referred to t h e Council to view the grounds. Sec- onded by Councilman We1u. Car- ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duolman, Welu. Nays -None. Communication of the C i v i l Aeronautics Board, Washington, D, C. by Ralph L. Wiser, Hearing Examiner, with reference to the Mid-Continent Parks Air Lines Ac- quisition Case, Docket No. 3782 and advising that the hearing on this proceeding is postponed tem- porarily and that when new dates are announced parties will be noti- fied, presented and read. Council- man Russo moved that the com- munication be received and filed. Seconded by Councilman W e 1 u. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilme^ Russo, Thompson, Van Duelman, Welu. Nays -None. Communication of Harold Sipple requesting information as to how to have the city sewer extended to his lots on Meadow Laue, pre sented and read. C o u n c i l m a n Thompson moved that the com- munication be referred to the Council to view the grounds. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. in order that a grocery store may .be permitted in this vicinity, pre- sented and read. C o u n c i l m a n Thompson moved that the petition be referred to the Planning and Zoning Commission for their rec- ommendation and report, Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van duelman, We]u. Nays -None. Petition of John T. Yates and others, abutting and adjacent prop- erty owners, asking that Lois St, from Solon Street to Reeder Street, also Reeder Street from Lois Street to Alpine Street, and also Solon Street from Alpine St, to Lois Street be graded, gravelled and surfaced with asphalt, present- ed and read. Councilman Thomp• son moved that the petition be referred to the Council to view the grounds. Seconded by Coun• cilmen Russo. Carried by the fol• lowing vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of S. H, Fisher calling attention of the City Council to an unsightly condition which exists opposite his property on Mineral Street, also asking that storm water be taken care of aS the same had flooded his property, presented and read. Councilman Van Duelman moved that the peti• tien be referred to the Council to view the grounds. Seconded by Councilman Welu, Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Certificate of Library Tax Levy determining and fixing the ,budget requirements and tax levy for the ensuing year for library purposes in the amount of $5x,110.00 pre- sented and read. C o u n c i l m a n Petition of Mr, and Mrs. Louis Thompson moved that the Certifi• Schaller and others requesting the ~ cote be referred to the Council for premises on Lombard Avenue be ~ consideration at the time that the rezoned to local business district ~ Council is considering the tax tevy. r 256 Special Session, June loth, 1949 Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None, Ordinance No, 26.49. An Ordi- nance creating a Playground and Recreation Commission of the City of Dubuque, defining its powers and duties, and providing for joint maintenance and operaticu of play- ground and recreation facilities with the Board of Education of the Independent School District of Dubuque, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, 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 Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays - None. Councilman Thompson moved that the ordinance Abe 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, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants wore drawn during the month of May, 1949, presented and read. Council• man Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 18, 1949. To the Honorable Mayor and Mem- bers of the City Council City of Dwbuque, Iowa Gentlemen: Attached are Grants and Ease- ments through private property to extend a cast iron water main from Kaufman Avenue to Kan e Street. With weather permitting, we will start this extension with- in the next ten days. Respectfully submitted, J. J. Hail, Superintendent, City of Dubuque Water De• partment. Councilman Welu moved that the communication and grants and easements be received and made a matter of record and also that the grants and easements be re- corded with the County Recorder. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Yan Duelman, Welu. Nays -None. GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dwbuque, fovea, a municipal corporatien, the receipt whereof s hereby acknow- ledged, the undersigned being the owner of Lot 1 of 1 of 2 of 2 of Min. Lot 349 (Old's Place) and Lot 1 of 1 of 1 of 1 of 2 of 1 of Min. Lot 344 (Old's Place) in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Lots for the purpose of installing a 12 inch diameter, cast iron water main, approximately 6 feet deep with the right to go upon said premises at all reasonable times for the purpose of inspecting and repair- ing the same when installed; pro- vided however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said 12 inch water Special Session, June loth, 1949 257 main to as good condition as it was in before the same was dis• tuabed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever, FRANK W. OLDS State of Iowa l SS County of Dubuque f Be it remembered that on this 17th day of June, 1949, personally appeared before me, a Notary Public, in and for Dubuque County, Iowa, Frank W. Olds who is per- . sonally known to me and acknow- ledged that he executed the fore- going instrument as his voluntary act and deed. JOHN J. SHEA Notary Public in and for Dubuque County, Iowa (Seal) GRANT AND EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknow- ledged, the undersigned being the owner of Lot 2 of 1 of 2 of 1 of Min. Lot 343 in th City of Du- buque, hereby grants and conveys to said City of Dubuue, a per- petual right of easement, in, over and across said Lot for the pur- pose of installing a 12 inch dia- meter, cast iron water main, ap- proximately 6 feet deep with the right to go upon said premises at all reasonable times for the pur• pose of inspecting and repairing the same when installed; provided, however, that said City of Du• buque shall replace whatever earth, sod or shrubbery that may ', be disturbed in the installation or repair of said 12 inch water main to as good condition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executor, administrators, purchasers and assigns forever. Raymond McDonnell _ State of Iowa 2 SS. County of Dubuque f Be it remembered that on this (' 17th day of June, 1949, personally appeared before me, a Notary ~ ~G i I. '~' .i ~`, Public, in and for Dubuque County, Iowa, Raymond McDonnell who is personally known to me a n d acknowledged that he executed the foregoing instrument as his voluntary act and deed. (Seal) JOHN J. SHEA Notary Public in and for Dubuque County, Iowa GRANT AND EASEMENT Know all men by these pres- ents: That in consideration o f $1.00 in hand paid by the City of Dubuque, Iowa, a municipal cor- poration, the receipt whereof is hereby acknowledged, the under- signed being the owner of Lot 1 of2of2oflofloflof2oflof Min. Lot 343 in th City of Du- buque, hereby grants and conveys to said City of Dubuque, a per- petual right of easement, in, over and across said Lot for the pur- pose of installing a 12 inch dia- meter, cast iron water main, approximately 6 feet deep, with the right to go upon said premises at all reasonable times far the purpose of inspecting and repair- ing the same when installed; pro- vided, however, that said C i t y of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said 12 inch water main to as good condition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. WILLIAM OLDS by FRANK W, OLDS State of Iowa l SS. County of Dubuque J Bo it remembered that on this 17th day of June, 1949, personally appeared before me a Notary Pub- lic in and for Dubuque County Iowa, Frank W. Olds for William Olds who is personally known to me and acknowledged that ho exe- cuted the foregoing instrument as his voluntary act and deed. JOHN J. SHEA Notary Public in and for Dubuque County, Iowa (Seal) a~8 Special Session, June zoth, 1949 GRANT AND EASEMENT Know all men by these pres- ents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corpor- ation, the receipt whereof is here- by acknowledged, the undersigned being the owner of Lot 2 of 1 of 51, Part of Burton's Addition and Lot 1 of 1 of 2 of Min. Lot 344 in the City of Dubuque, hereby grants and conveys to said City of Du- buque, aperpetual right of ease- ment, in, over and across said Lots for the purpose of installing a 12 inch diameter, cast iron water main, approximately 6 feet deep, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said 12 inch water main to as good condition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executor, administrators, purchasers and assigns forever. Lawrence W. Fitzgerald Mary J. Fitzgerald State of Iowa l SS. County of Dubuque f Be it remembered that on this 17th day of June, 1949, personally appeared before me, a Notary Pub- lic, in and for Dubuque County, Iowa, Lawrence W. & Mary J. Fitzgerald who are personally known to me and acknowledged that he executed the foregoing instrument as their voluntary act and deed. JOHN J. SHEA Notary Public in and for Dv,buque County, Iowa (Seal) Dubuque, Iowa, June 9, 1949. Hon. Mayor & City Council City of Dubuque, Dubuque, Iowa Gentlemen: We are enclosing herewith copy of action taken by the Board of Review in regard to the com- plaints made by the owners of properties as described in s a i d copy, which complaints were made against the 1949 assessments. No- tice of said action by the Board of Review has ,been posted as pro- vided by law. Yours truly, Harry J. Hanover Clerk of the Board of Re- view. Councilman Van Duelman moved that the report of the Board of Review for the year 1949 be re- ceived and placed on file. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Dubuque, Iowa, June 11, 1949. Honorable Mayor and Members of the City Council Dubuque, Iowa. Gentlemen: With reference to the claim of Dr, Clarence 0. Nesler referred to me for investigation and report, on March 3, 1949, claimant while driving on Bluff Street near 9th Street ran into a hole in the street, at which time he sustained damages to his automobile in the amount of $2024. A plumber, who had received permission to dig in the street, left the street in the condition complained of. I took this matter up with the Banding Company far the plumber and they have paid claimant the amount of his claim $20.24. Yours truly, John J. Kintzinger Councilman Welu moved that the communication of City Solicf• for Kintzinger be receivotl and made a matter of record. Seconded by Councilman Russo. Carried .by the following vote; Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. 15 June 1949. Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Peter Meyers for $1000.00 personal injuries which has been referred ~p t: Special Session, June zoth, 1949 X59 to me for investigation, on Janu- ary 19, 1949, claimant, while walk- ing on the sidewalk in front of 2839 Elm Street fell at a place where the sidewalk was covered with rough, rounded uneven ice, sustaining a double rupture, which required the services of a physic- ian, and the use of supports since said time, the cost thereof amount- ing to $40.00. He has been advised by his doctor that he will have to be operated upon for this condi- tion and that the cost thereof will be about $200.00. That after con- ference with his attorneys, it has been agreed that claimont w i 11 accept $100.00 in full payment of his claim against the City. I recommend that this claim be allowed in the sum of $100.00, that a warrant .be issued payable to Kenline, Roedell, Hoffman & Reynolds, Attorneys for Pete r Meyers and that the same be de- livered upon delivery to the City of a release properly executed by Claimant. Yours truly, John J. Kintzinger City Soliciter. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Kenline, Roe• dell, Hoffman & Reynolds, Attor- neys for Peter Meyers, as settle- ment in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays - None. 20 June 1949. Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of C. G. May referred to me for in- vestigation and report, on May 17, 1949, claimant while driving his automobile south on Lincoln Ave- nue in the 1700 block observed a man-hole cover loose in the middle oP the street, and was too close to stop; that the man-hole cover hit the rear portion of his car and d-amaged the same. That the actual damages amounted to $56.• 13. That the condition of this man• hole had been reported by the neighbors in the vicinity to the City. That immediately after this accident, a new cover was placed on the man-hole. I recommend that the claim of C. G. May be allowed in the sum of $56.13, that a warrant be issued payable to his order for s a i d amount and delivered to him upon delivery to the City of a release properly executed by him. Yours truly, John J. Kintzinger City Soliciter. 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 $56.13 in favor of C. G. May, as settlement in full of hie claim, and that said warrant be delivered 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, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 14, 1949. Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with your direc- tions of June 6, 1949, instructing me to secure opinion of Chapman and Cutler, attorneys, as to the legality of recent legislation in regard to off-street parking facili- ties, attached hereto is the opinion of Chapman and Cutler. Yours truly, John J. Kintzinger City Solicitor. Councilman Thompson moved that the communication of City Solicitor Kintzinger, together with the opinion of Chapman & Cutler be received and made a matter of 26o Special Session, June loth, 1949 record. Seconded by Councilman Wharton. Carried by the fallowing vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 13, 1949. John J. Kintzinger, Attorney Dabuque, Iowa Dear Sir: Pursuant to your request we have given attention to recently enacted Senate Files 9 and 337 of the 1949 Session of the General Assembly of Iowa as applicable to ~ financing off-street parking facili- ties by the City of Dubuque, Iowa. The law contained under Chap- ter 390 of the Code as amended by Chapter 206 of the Laws of 1947 presented a law which was questionable insofar as it included ad valorem taxing powers. Section 5 of said Chapter 206 provided for the levy of an ad valorem tax of one half mill per annum upon cer- tain types of real property within a benefited district. Prior to the 1949 session of the General Assem- bly of Iowa we had expressed the opinion that the law was theoretic- ally workable provided the ad val- orem taxing provisions were dis- regarded, and cities and towns could issue revenue bonds for the purpose of acquiring parking lots or other off-street parking areas which would be payable from the net revenues of the parking lots and areas, together with any sur- plus income from parking meters, but that the city could not effec- tively agree to operate particular street 1 i n e parking meters and throughout the life of the revenue bonds agree to realize any surplus income therefrom. This law has now been amended by Senate File 9 so as to specify the order of preferences for the use and application of revenues from the operation of street line parking meters. It is provided by said Senate File 9 that until such time as there shall have been pro• vided adequate parking lots or other ofY-street parking areas in any city or town operating park- ing meters all revenues from the operation of such parking meters or other similar devices shall be used and applied (1) to the pay ment of the cost of acquisition and installation of meters; (2) to the payment of the cost of main- enance and repairs of meters and collection of meter taxes and the enforcement of traffic laws in the parking meter district; (3) to the payment of the purchase and in- stallation costs of other parking or traffic control devices installed on such portions of streets as are equipped with parking meters, and that it is only after supplying the foregoing requirements that any revenues from parking meters may .be used fur the retirement of revenue bonds. It is our opinion that the ad valorem taxing powers under this law are still question- able and that any financing there- under will need to be confined entirely to the net revenues of the off-street parking lots and areas and any "available" surplus income from street line parking meters. By Senate File 337 an additional subparagraph has been included under Section 404.5 of the Code of Iowa whereby an ad valorem tax on all of the taxable property in the municipality may be levied by a city or town "whenever parking lots shall have been authorized or established" under the provisions of Chaptor 200 of the Laws of 1947. The proceeds of this tax are to constitute a "parking lot fund" to be used to acquire or improve real estate including the erectioq or improvement oY buildings there- on for the parking of vehicles and for the payment of bonds and in- terest thereon issued in anticipar lion of the collection of such tax. Only such portion of said tax is to be used to pay such bonds as may be necessary after the application of all net returns available from said parking lots or from parking meters or both. Said Senate File 337 also amends Section 408.10 of the Code of Iowa so as to enable cities and towns to anticipate the collection of the parking lot fund through the issuance of ,bonds or certificates in a manner similar to the procedure followed for the issuance of street improvement fund bonds or certificates. In conclusion it would appear ~' Special Session, June loth, 1949 261 that Senate File 9 has not im- proved the situation so far as financing off-street parking lots be• cause the net revenues from the operation of parking meters will be no longer. available to apply directly toward the interest and principal requirements of revenuo bonds, but rather, the three items hereinbefore mentioned will con- stitute a prior charge on s u c h revenues. The provisions of Senate File 337 will be available, and after a notice and hearing upon the establishment of parking lots as particularly outlined under Sec- tion 2 of said Chapter 206 of the Laws of 1947, each city and town may provide for the levy of taxes on all of the taxable property in the municipality at an annual rate not exceeding one-half mill and may issue bonds or certificates anticipating the collection thereof. Such bonds or certificates would of course .be chargeable against the constitutional debt-incurring power of the city. You understand of course that we have relied upon the uncerti• fied copies of Senate Files 9 and 337 as referred to by you and that these two new laws do-not become effective or operative un- til July 4, 1949. In considering potential revenues from street line parking meters it should be rec- ognized that such meters are theoretically justified only on the basis of police power in the regula• tion of traffic and not as a source of revenue in excess of the cost of operation thereof. There is some discussion of this theory in the decision by the Supreme Court of Iowa cited as Brodkey vs. Sioux City, 291 N.W. 171. i Very truly yours, Chapman and Cutler June 14, 1949. Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: ~ On June 6, 1949, a motion was ~: duly passed by the Council that in as much as a grade separation at E. 14th Street and the Railroad tracks is necessary, that the City Manager and City Solicitor be in- w. ';. ~,. strutted to advise the Council as to the ways and means to proceed. Complying therewith, we have made an investigation in the mat- ter and recommend the following procedure: 1, The Council should decide the kind of grade separation, whether over or under the tracks. 2. Plans and specifications to be prepared for the project. 3. An Ordinance should be adopt- ed declaring a viaduct necessary 'for the safety and protection of the public, and said ordinance will provide for appraising, assessing and determining the damages which may be caused by reason of the construction of the viaduct and its approaches. 4, Then direct that the matter be submitted to the Iowa State Commerce Commission for exami- nation and determination as to public safety and convenience, and approval of plans in accordance with Chapter 387 of the 1946 Code of Iowa which provides among other things: "387.2 *•• nor shall any viaduct be required until the Iowa State Commerce Commission shall, after examination, determine the same to be necessary for public safety and convenience and the plans of said viaduct, prepared as herein- after set forth shall have been approved by said Commission." Aftor a decision by the Iowa State Commerce Commission, we will further advise the Council as to procedure, Respectfully, A, A. Rhomberg City Manager John J. Kintzinger City Solicitor Councilman Russo moved that the recommendations of City Man• alter Rhomberg and City Solicitor Kintzinger .be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None, z6z Special Session, June loth, 1949 Councilman Thompson moved that the City Manager be authoriz- ed to employ competent engin- eers for the purpos. of preparing plans and specifications for the construction of an overhead pass at East 14th Street and Railroad tracks. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 10, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions we attended and filed appearances at the hearing conducted June 8, 1949 by the Iowa Commerce Commis- sion on the Milwaukee Railroad's petition to discontinue passenger train service between Dubuque and Green Island and to substitute in- stead bus service between Du- buque and Delmar. In addition to the railroad and bus line, the following interests were represented: Dubuque Cham- ber of Commerce, Bellevue, Maquo- keta, Brotherhood oY Railroad Trainmen, Order of Railway Con- ductors, and Brotherhood of Loco- motive Engineers. The testimony submitted will be considered by the commission and a decision rendered at a later date. Respectfully submitted, A. A. Rhomberg City Manager J. J. Kintzinger City Solicitor Councilman Russo moved that the communication of City Mana- ger Rhomberg and City Solicitor Kintzinger be received and filed. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 18, 1949. Tc the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of May 1949, also list of claims and list of pay rolls for which warrants were issu- ed for the month of May 1949. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Coun- cilman Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 20, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: In accordance with your instruc- tions, traffic counts were made at two intersections, Seventeenth St. and Central Ave. and at First and Main Streets. Herewith submitted are the re• salts of the findings, accident his- tory and observations. Respectfully submitted, A. A, Rhomberg, City Manager. Councilman Welu moved t b a t the communication of City Man- ager Rhomberg together with the reports be received and placed on file and the Chief of Police in- structed to submit specific recom- mendations far Council considera- tion. Seconded by Councilman Rus- so. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 20, 1949. Mr. A. A. Rhomberg, City Manager, Dubuque, Iowa, Dear Sir: In accordance with your instruc- tions there is hereby submitted an outline of general traffic condi- tions in the city and some specific recommendations pointed to the 'remedy, together with some sug- gestions relating to the betterment of street use. 1948 TRAFFIC RECORD During the calendar year of 1948 there was a total of 1,054 automo- Special Session, June loth, 1949 26z bile accidents which resulted in deaths, 156 injuries, 69 of whicl were serious ones, 911 cases o property damage involving an esti mated loss of $88,515.00. To im prove such a situation simpil means that a large proportion o'. the men on the Police Depart meat must be assigned to traffic work. TRAFFIC DIVISION One of the most important duties of a Police Department in protecting life and property is the handling of traffic. The. impor- tance and character of such police traffic control suggests the crew tion of a separate traffic division. The chief reasons for this are as follows: A traffic division assures attention to the problem in pro portion to its importance. It is the only means whereby the Chief of Poliee can definitely place respon- sibilityfor the satisfactory perform- ance of this function. A traffic division stimulates Polico interest and activity in the traffic field. It permits the development of a proper spirit within a selected group of officers with consequent pride in the accomplishments and the ability of the unit to cope with the traffic situation. A traffic divi- sion provides specialization which promotes skill and ability. It devel• ops and applies special techniques and procedures including the ap- plication of engineering principles and educational activities. It as- sures a police traffic program which will be broad, well rounded and effective. It coordinates and increases the application of all police efforts including those of the non-traffic police. In our case it would require more trained per- sonnel. We are not a large city, therefore over-specialization must be guarded against. There would have to be flexibility in assign- ments to take care of momentary needs and large special events. A traffic division does, however, merit consideration. TRAFFIC SIGNS, PAINTINGS AND SIGNALS Good traffic signs, paintings, markings and signals are essential to orderly traffic control. Since the Polico Department is consider- ed the responsible authority for the placement of signs and mark- ings, it is suggested that the super- vision of these matters .be under the immediate direction of the police administration. It is further suggested that gradual replace- ment and repainting program for street signs be adopted, perhaps on a three year schedule so that by renovating one-third of all the signs each year, they would be kept in good useable condition at all times. The increase in use of the newly created 12th Street boulevard in- dicates the need for Stop and Go lights at 12th and Main Streets and their installation is hereby recommended. The need for simi• lar lights at 10th and Locust St. and at 8th and Bluff Streets should be investigated. NARROW STREETS It is suggested that considera- tion be given to restricting park- ing to one side only on those streets having less than 30 feet in width between curbs. An outstand- ing example of a street needing this type of parking restriction is Merz Street from Windsor Avenue to Althauser Street which is the main approach to the Jefferson Junior High School. ONE WAY STREETS There has been considerable dis• cussion by the public on one way streets. It is true that one way streets do speed up traffic flaw and consideration may be given to this matter in congested areas. In such consideration it is important to have proper lighting on such one way arteries. However, it is recommended that no one way streets be established until such ;ime as all of the present street facilities are utilized to t h e i r ;reatest potentiality and all avail- lble expedients are used, such as elimination of some bus stops on Viain St., having a central passen• ;er bus loading areas in the main Business district or perhaps rout- ng passenger buses one way on Both Locust and Iowa Streets. 264 Special Session, June loth, 1949 ~I ~ Special Session, June loth, 1g4g z65 HIGHWAYS The by-passing of State High- ways away from congested areas has proven a great aid in relieving such congestion and merits con- sideration. It is suggested that the Iowa State Highway Commission be contacted for the purpose of re- routing U. S. Highway No. 52 and 61 off of Locust Street and to traverse Central Avenue from 14th Street south. This would expedite the movement of traffic through the Central Avenue and 14th St. bottleneck and make unnecessary the right and left hand turn s presently required at that inter- section. TRUCKS Common carrier trucks operat- ing under franchises should be made to stay on the marked high- ways. Some restrictions should be imposed on city deliveries made with large semirtrailer trucks. It is believed that restrictions should also be imposed on deliveries in the congested areas during rush hours, this type aP restrictien to include coal and fuel oil deliveries. A mare careful planning of deliver- ies on the part of suppliers would aid in relieving congestion. STOP INTERSECTIONS Many requests are received from well meaning citizens asking for additional Stop intersections. It is suggested that such Stop inter- sections be established solely on the basis of need, taking due ac- count of previous accident records at such locations. OBSCURED VISUAL CONDI- TIONS Continued effort should be made to trim trees so that overhanging branches do not obscure stop signs markings and signals. The stop light at Jackson and East 14th Streets and the stop signs on East 12th Street are locations that need such tree trimming at the present time. These are not the only locq• lions where the growth of trees obscures traffic markings. What has been said of trees applies with equal force to hedges. It is suggested that pwblicity on the matter of trimming hedges on the corner properties be brought t o the attention of property owners and their cooperation solicited. INTERSECTIONS It is recommended that heavily used intersectiena, particularly the ones with Stop and Go signals where there is a considerable turn- ing movement right and left, be marked so as to channel the traf• fic. This will involve the taking away of a number of parking spaces even in the metered areas, However, it is believed that no single ,remedy will accomplish as much in expediting traffic at the present time at so small an expen- diture of funds. Specifically it is urged that channel lines be mark- ed at 8th and Locust Streets, 6th and Locust Streets and that 14th with traffic lines on all four sides of the intersection. LEFT TURNS The prohibition of left turns during times of peak loads should be considered in the interest of a more free flow of traffic. The regu- lations in force on 8th and Main Streets serve as a good example of what can be done. SCHOOL ZONES School zones should be clearly designated with appropriate signs. A replacement or repainting pro- gram can ,be also applied to keep them in the best possible condi- tion. INFORMATION Printed pamphlets on traffic law should be printed and provided to the traveling public when request- ed. This has been practiced by the State and we are sure it will re- sult in much good as an informed public will react better to regula• lion than the uninformed. Automobile and traffic exact their total in lives lost, injuries and property damage sustained and other intangible losses to our community. Respectfully submitted, Jos. H. Strub, Chief of Police. After reviewing these matters with the Chief of Police I concur in his findings. The improvement oP traffic conditions in general will render it possible for the Fire Department to more speedily and safely perform its function. Thos, C. Hickson, Chief of Fire Department. i M ) o ~I E ~, June 20, 1949, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In compliance with your recam• mendation, I instructed the Chief of Police in cooperation wtth the Fire Chief to make a survey of traffic conditions in general and of rush hour congestion in particu• lar and to submit a report with specific recommendations for the consideration of the Council. Herewith submitted is the re- port on the subject. I approve the report and concur in the recom• mendations. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Welu moved that the City Manager be authorized to in- stall Stop and Go lights at the intersection of 12th & Main St. also to channel traffic at the in- tersections of 8th and Locust St. 6th and Locust Streets, 12th and Main Streets and 14th Street and Central Avenue. Seconded by Coun- cilman Russo. Carried by the fol- lowing vote: Yeas -Mayor cilmen Russo, Duelman, Welu. Nays -None, Wharton, Coun• Thompson, Van Councilman Thompson moved that the balance of the report be referred to the Council for consid- eration at their meeting of July 6th, 1949, and the Chief of Police to be instructed to attend this meet- ing, Seconded by Councilman Welu. Carried by the fallowing vote: Years-Mayor Wharton, Councll• men Russe, Thompson, Van Duel• man, Welu. Nays-None. Mayor Wharton moved that the City Manager be instructed to ascertain how many cities of 20; 000 population or over have a traffic division in their Police de• partment. Seconded by Councilman Van Duelman. Carried by the fol• lowing vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 20, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the con- struction of a storm sewerage sys• tem for the Hillcrest Annexation, under contract with the Thos. Flynn Coal Company, has been com- pleted. I therefore recommend the acceptance of this work. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man; Welu, Nays-None. (A Resolution Accepting Improve- ment) CITY OF DUBUQUE, IOWA RESOLUTION N0. 153-49 WHEREAS, the contract for the construction of a storm sewerage system for the Hillcrest Annexa- tion with storm sewers to be loca- ted 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 Hill- crest Road to the south property line of Asbury Road, 3. In Valleyview Road from Morningview Road to Broadlawn Road has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted therefor, BE IT FURTHER RESOLVED, that the City Treasurer be and he 266 Special Session, June loth, 1949 is hereby directed to pay to the contractor from the sewer Lund. do amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day of June, 1949, Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N, RUSSO CLARENCE P. WELU Attest: J. J. SHEA. City Clerk. Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, .Van Duelman, Welu. Nays -None. June 20, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that the im• provement of Tressa Street from the east property line of Esther Stroet to the west property line of McLenan Sreet with curb and gutter, under contract with he K•M Consruction Company, has been completed. I therefore rec• ommend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager Councilman Walu moved that the recommendation of City Man• ager Rhomberg be approved, Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays - Nane. line of McLenan Street has bean completed and the City Manager has examined the work and filed his certificate stating that the same has boon completed accord- ing to the terms of the contract, plans and specifications and rec- ommenda its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that saki improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par• cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale oP improve- ment,bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day of June, 1949. Approved: ALBERT WHARTON Mayor. ALBERT WHARTON F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen, Attest; J.J. SHEA City Clerk. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 154-49 WHEREAS, the Contract f o r the improvement of Tressa Street from the east property line of Esther Street to the west property Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thamp• son. Carried by the following vote: Yeas -- Mayor Whartou, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays-None. Special Session, June Zoth, 1949 267 June 20, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa, This is to advise that the im- provement of Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line oP Tressa Street with curb and gutter under contract with the K-M Con- struction Company, has been com- pleted. I therfare recommend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded .by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RE5OLUTION N0. 155.49 WHEREAS, the contract far the improvement of Esther S t r e e t from the south curb line of Mt. Loretta Ave. to the north curb line of Tressa Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- . ommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assess- ment for said improvement and '. file .the same in the office of the City Clerk subject to public in• spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day oY June, 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 Welu moved the adoption of the resolution. Second- ed by Councilman Thompson. Car• ried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. RESOLUTION N0. 156.49 WHEREAS, application for Class 'B" Boer Permit has been swb- mitted to this Council for approval and the same has been examined: NOW, TI~EREf ORE, BE IT RESOLVED by the Coun• cil of the City of Dubuque that the following application be grant- ed and the license is to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit James M. Gordon 409 Main St. Passed, adopted and approved this 20th day of June, 1949. ALBERT WHARTON Mayor, F. W. THOMPSON FRANK VAN BUELM'AN ROMOLO N. RUSSO CLARENCE P, WELU Councilmen. Attest: J. J. SHEA. City Clerk. 268 Special Session, June loth, 1949 Councilman Thompson moved the adoption of the Resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. RESOLUTION N0. 157.49 WHEREAS, heretofore applica- tion for Class "B" Beer Permit was filed by the within named appli• cant and ft has received t h e approval of this Council; and WHEREAS, the premises to be occupied by such applicant have been inspected and found to com- ply with the ordinances of this City and he has filed a proper bond; NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and ho is hereby directed to issue to the following named applicant a Beer Permit. Class "B" Permit James M. Gordon 469 Main St. BE IT FURTHER RESOLVED that the bond filed by such appli- cant be and the same is hereby approved. Passed, adopted and approved this 20th day of June, 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 adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Y Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. There being no further business Councilman Van Due]man moved +„ adimirn Seconded by Council- ipson. Carried by the ote: Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. J. J, SHEA. City Clerk. Approved .............................. 1949. Adopted ................................ 1949. Councilmen ~ ...................................... Attest :................................................:. City Clerk I i, 1~ ,~~~~ '. ~`K; Special Session, June 3oth, 1949 26g City Council (OFFICIAL) Special Session, June 30th, 1949. Council met at 7:30 p.m. Present-Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu, City Manager Rhomberg, Meeting called by order of Councilmen Thompson and Van Duelman. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting pwblic hearings on the plans, specifications, form of contract, cost of improvement and resolution of necessity for the con- struction of sanitary sewers and appurtenances in what is known as the Cherry-Green Street Sewer District as delimited by Ordinance No. 16-49, also for the construction of a sanitary sewer in Dillon Street and acting on any other business as may properly come before a regular meeting of the City Council. Proof of pubilcation, certified to by the publishers, of notice of hearing on the plans and specifica- tions, form of contract and cost of improvement for the construction of sanitary sewers and appurten- ances in what is known as the Cherry-Green Street Sewer District as delimited by Ordinance No. 16- 49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main for the Cherry-Green Street Sewer District, The eight (8) inch sewer line begins at the lift sta- tion located on the intersection of the center lines of the alley at the corporation 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 lino between lots numbered 205 and 206 of Fin- ley's Addition; thence southerly along a line 6 feet westerly of end parallel to the easterly line of lot number 206 of Finley's Addition to the Center of Cherry Street; thence easterly along the center line of Cherry Street to a point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also west- erly along the centerline of Cherry Street to a point on the prolonga- tion of the line between lots num- bered 1 of 208 and 2 of 208 of Finley's Addition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of Finley Street to the centerline oP the alley 1st south of Cherry St., also an eight inch vitrified the sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the center line of Green Street; thence easterly along the center line of Green Street to a point on the prolongation of the line be- tween lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the center of Green and Finley Streets northerly along the center line of Finley Streot 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 subdivid- ing the northeast 102 feet and the southwest 65 feet-9 inches of lot number 145 of Finley Addition; also westerly from .the intersec- tion of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 Finley Addition; a six inch cast iron force main to be laid on a line beginning at the lift station located on the intersection of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets and running north along the cen- ter line of the alley at the corpora- tion limits a distance of 880 feet, and continuing north from this point with an eight inch vitrified the sewer main across Asbury Street to the existing sanitary sewer manhole located at the 2qo Special Session, June 3oth, 1949 intersection of said alley and the center line of Seminary Street, Estimated cost 8" V. S. P. Sewer $15,253.94, Force Main & Lift Sta- tion $20,351.68. Total $35,605,62. presented and read. Councilman Van Duelman moved that t h e proof of publication be received and Piled. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity '. and hearing upon proposed plans and specifications, form of con- tract and cost oY improvement for the construction of sanitary sewers and appurtenances in what is known as the Cherry-Green Street Sewer District as delimited by Ordinance No. 16-49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main Por the Cherry-Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta• lion located on the intersection of the center lines of the alley at the corporation limits and t h e alley between Cherry and Green Streets; thence easterly along the center line of the alley be• tween Cherry and Green Streets to a point 5 feet westerly from the prolongation of the line be• tween lots numbered 205 and 206 of Finley's Addition; thence south- erly along a line 5 feet westerly of and parallel to the easterly line of lot number 206 of Finley's Ad• dition to the Center of Cherry Street; thence easterly along the center line of Cherry Street to a point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also westerly along the centerline of Cherry Street to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 208 of Finley's Addition; a 1 s o from the intersection of the center- lines of Cherry Street and Finley Street southerly along the center- line of Finley Stroet to the cen• ter line of the alley 1st south of Cherry Street; also an eight inch vitrified the sanitary sewer begin- ning at said lift station and run• ning north in the alley at the cor- poration limits to the center line of Green Street; thence easterly along the center line of Green Street to a point on the prolonga• Lion of the line between lots num- bered 197 and 2 of 198 of Finley's Addition; also from the intersec• lien of the center lines 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 prolonga- tion of the line subdividing the northeast 102 feet and the south- west 65 feet-9 inches of lot num• ,ber 145 of Finley Addition; also westerly from the intersection of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the lino between lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line beginning at the lift station locat- ed on the intersection of the cen• ter lines of the alley at the cor• poration limits and the alley be• tween Cherry and Green Streets and running north along the center line of the alley at the corpora- tion limits a distance of 880 feet, and continuing north from this point with an eight inch vitrified the fewer main across Asbury St. to the existing sanitary sewer man• hole located at the intersection of said alley and the center line of Seminary Street 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, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Special Session, June 3oth, 1949 271 (Decision of Council upon objec• lions to plans, specifications, form of contract and' cost of improve ments.) RESOLUTION NO, 158.49 WHEREAS, proposed plans and specifications and form of contract for the construction of sanitary sewers and appurtenances in what is known as the Cherry~Green St. Sewer District as delimited by Ordinance No. 16.49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and aix (6) inch cast iron force main for the Cherry-Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta• lion located on the intersection oP the center lines of the alley at the corporation 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 prolonga• tton of the line between lots num- bered 205 and 206 of Finley's Ad• dition. 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 the center line of Cherry Street of a point on the prolongation of the line between lots numbered 220 and 221 of Fin- ]ey's Addition; also westerly along the centerline of Cherry Street to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 208 of Finley's Ad• dition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the center line of Finley Street to the centerline of the alley 1st south of Cherry Street; also an eight inch vitrified Mile sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the cen- ter line of Green Street; thence easterly along the center line of Green Street to a point on the pro• longation of the line between lots numbered 197 and 2 of 198 of ~ Finley's Addition; also from the intersection of the center lines of Green and Finley Streets northerly along the center lime 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 subdivfd• ing the northeast 102 feet and the southwest 65 feet•9 inches of lot number 145 of Finley Addition; also westerly from the intensec• lion of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a paint on the prolongation of the line between lots numbered 141 and 142 Finley Addition; A aix inch cast iron force main to be laid on a line beginning at the lift station located on the intersection of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets and running north along the cen• ter 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 Mile sewer main across Asbury Street to the existing san• itary sewer manhole located at the intersection of said alley and the center line of Seminary Street. have been approved by-the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Coda of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all obje~~ lions to said plans, specifications or contract for or cost of such improvements, said time being this 30th day of June, 1949; and WHEREAS, the City Council met in special session this 30th day of June, 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 propos- ed 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 272 Special Session, June 3oth, 1949 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, 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 appro~d are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a mat- ter of permanent record in con- nection with said improvement. Passed, adopted and approved this 30th day of June, 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. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -Nona. (Necessity for Improvement) RE50LUTION N0. 145.49 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the offi;;e of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The size and kind of sewers 3. Each lot proposed to be assess ed together with a valuation fixes by the council. 4. An estimate of the coat o1 the proposed improvement, statinl he same for each different type ~f construction and kind of mate- 7a1 to be used, 5. In each case the amount ;hereof which is estimated to be assessed against each lot, for the construction of sanitary sewers and appurtenances in what is known as the Cherry-Green Street Sewer District as delimited by Ordinance No. 16.49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift sta- tion and six (6) inch cast iron force main for the Cherry-Green Street Sewer District. The eight (8) inch sewer line begins at the lift station located on the inter- section of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets; thence easterly a- long the center line of the alley between Cherry and Green Streets to a point 5 feet westerly from the prolongation of the line be- tween lots numbered 205 and 206 of Finley's Addition; thence south• erly along a line 5 feet westerly of and parallel to the easterly line of lot number 206 of Finley's Ad- dition to the Center of Cherry Street; thence easterly along the center line of Cherry Street to a point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also westerly along the centerline of Cherry Street to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 208 of Finley's Additfon; also from the intersection of the centerlines of Cherry Street and Finley St. southerly along the center line of Finley Street to the centerline of the alley 1st south of Cherry St„ also an eight inch vitrified the sanitary sewer ,beginning at said lift station and running north in the alley at the corporation limits to the center line of Green Street; thence easterly along the center line of Green Street to a point on the prolongation of the line be- tween lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the oenter lines of Green and Finley Streets north- erly along the center line of Fin• Special Session, June 3oth, 1949 273 ley Street to the intersection with x Poplar and Karrick Streets, thence r northerly along the center line of f Poplar Street to a point on the prolongation of the line subdivid• w ing the northeast 102 feat and the southwest 65 feet-9 inches of lot number 145 of Finley Addition; ~~ also westerly from the intersection 0 ~, of Finley and Poplar Street along ! aline 12 feet southerly frnm and parallel to the northerly line of ~_ Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line be- ginning at the lift station located en the intersection of the center lines of the alley at the corpora• tion limits and the alley between Cherry and Green Streets and run• ning north along the center line of the alley at the corporatfon limits a distance of 880 feet, and con- .. timing north from this point with an eight inch vitrified the sewer main across Asbury Streot to the s existing sanitary sewer manhole located at the intersection of said alley and the center line of Seminary Street, BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file ,with the City Clerk objections to the amount of the proposed assess- ments, they shall ,be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City 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 in assessable distance provided by law and in an amount not to ex- ceed the amount provided by law, property will be assessed whether the same abuts thereon or is adja- cent thereto according to area and in proportion to the special bene- fits 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 Chereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of Juno, 1949, The foregoing resolution w a s finally passed and adopted, as pro- posed, by the City Council this 30th day of June, 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 moved the adoption of the resolution. Seconded by Councilman Welu. Car ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None, (Ordering Construction) RESOLUTION N0. 159.49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 145.49 which was duly passed by this Council for the construction of sanitary sewers and appurtenances in what is known as the Cherry- Green Street Sewer District as delimited .by Ordinance No. 16.49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force z~4 Special Session, June 3oth, 1949 main far the Cherry-Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta- tion located on the intersection of the center lines of the alley at the corporation 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 pro- longatfon of the line between lots numbered 205 and 206 of Finley's Addition; thence southerly along a line 5 feet westerly of and par- allel to the easterly line of lot number 206 of Finley's Addition to the Center of Cherry 5 t r e e t; thence easterly along the center line of Cherry Street to a point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also west- erly along the centerline of Cherry Street to a point on the prolonga- tion of the line between lots num- bered 1 of 208 and 2 of '208 of Finley's Addition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of Finley Street to the centerline of the alley 1st south of Cherry St. also an eight inch vitrified the sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the center line of Green Street; thence easterly along the center line of Green Street to a point on the prolongation of the line be- tween lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the center lines of Green and Finley Streets north- erly along the center line of Fin- ley 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 subdivid• ing the northeast 102 feet and the southwest 65 feet-9 inches of lot number 145 of Finley Addition; also westerly from the intersec- tion of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line beginning at the lift station located on the intersection of the center Linea of the alley at the corporation limits and the alley be- tween Cherry and Green Streets and running north along the cen- ter line of the alley at the cor- poration limits a distance of 880 feet, and continuing north from this point with an eight inch vit- rified the sewer main across As- bury Street to the existing sani- tary sewer manhole located at the intersection of said alley and the center line of Seminary Street, be and the same are hereby ordered and constructed by this Coun- cil upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements .be paid for by levying special assessments against the privately owned prop- erty lying within the assessable nistance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special bene- fits conferred, and any deficiency will be paid out oY 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 deferr- ed payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise far proposals for the con- struction of the various improve- ments herein provided for in the manner provided .by law, the said improvements shall be completed on or before 75 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed q1 (zP ~: ,. Special Session, June 3oth, 1949 X75 urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 30th day June, 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 adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays - NoIle. Proof of publication, certified to by the publishers, of notice of hearing on the plans and specific~~ lions, farm of contract and cost of improvement for the construction of an eight (8) inch vitrified the sanitary sewer in Dillon Street beginning at the existing manhole in State Street (being 292 feet south of the center line of Curtis Street) and running westerly on or about the center line of the alley 1st south of Curtis Street for 391 feet to M. H. No. 2 at the cen• ter of Dillon Street, thence south- erly along the center line of Dil• Lon Street for 457 feet to the ten urinal point, estimated cost $4,055: 48, presented and read. Council• man Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays - None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the construction of an eight (8) inch vitrified tits sanitary sewer in Dillon Street beginning at the existing manhole in State Street (being 292 feet south of the cen- ter line of Curtis Street) and run- ning westerly on or about the center line of the alley 1st south of Curtis Street for 391 feet to M. H. No. 2 at the center of Dillon Street, thence southerly along the center line of Dillon Street for 457 feet to the terminal point, presented and read. Council- man Van Duelman moved that the proof of publication be received and filed. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. (Decision of Council upon objec- tions to plans, specification, form of contract and cost o4 im prove~ ments.) RESOUTION N0. 160.49 WHEREAS, proposed plans and specifications and form of contract for the construction of an eight (8) inch vitrified the sanitary sewer in Dillon Street ,beginning at the existing manhole in State Street (being 292 feet south of the center line of Curtis Street) and running westerly on or about the center line of the alley tat south of Curtis Street for 391 feet to M. H. No. 2 at the center of Dillon Street, thence southerly along the center line of Dillon Street for 457 feet to the terminal point have been approved by the City Council of the City of Du- buque and public notice given ae provided by Chapter 391 of the Code of Iowa, 1946 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract far or cost of such improvements, said time being this 30th day of June, 1949, and WHEREAS, the City Council met in special session this 30th day of June, 1949, at 7:30 o'clock p.m, at the Council Chambers in 2;6 Special Session, June 3oth, 194g the City Hall for the purpose of hearing all interested parties and considering any and all objections whtch have ,been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested 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 atl objections which h a v e been made and filed to the plans, specifications, contract for or cost of said improvement herein dea• cribed 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 adapted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objectiens which have been filed to the plans, specifications and farm 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 30th day of Jung, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN RO11i0L0 N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Welu. Carried by the follow*ing vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays - None. (Necessity for Improvement) RESOLUTION N0. 148-49 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be assess ed together with a valuation fixed by the council. 4. An estimate of the cast of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight (3) inch vitrified the sanitary sewer in Dillon Street beginning at t h e existing manhole in State Street (being 292 feet south of the center line of Curtis Street) and running westerly on or about the center line of the alley 1st south of Curtis Street far 391 feet to M, H. No. 2 at the center of Dillon Street, thence southerly along the center line of Dillon Street for 457 feet to the terminal point. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men• tinned improvement, and un]ess property owners at the time of the final consideration of this pro• posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• structed and done in accordance with the plans and specifications which have been prepared there• for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the coat and expense of making said improve• ment will be assessed upon and against all privately owned prop- erty lying within assessable dis• tance provided by law and in an amount not to exceed the amount provided .by law, property will be ih~. I~. ~~ , ll I- Special Session, June 3oth, 1949 277 assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess• went district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of June, 1949. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELD Councilmen. Attest: J. J. SHEA City Clerk, Councilman Welu moved the adoption of the resolution. Sec- onded ,by Councilman Russo. Car- ried by the following vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Thomson, Van Duelman, Welu. Nays -None. (Ordering Construction) RESOLUTION N0. 161.49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 148-49 which was duly passed by this Council, for the construction of an eight (3) inch vitrified the san- itary sewer in Dillon Street begin• ning at the existing manhole in State Street (beng 292 feet south of the center line of Curtis Sreet) and running westerly on or about the center line of the alley 1st south of Curtis Street for 391 feet to M, H, No. 2 at the center line of Dillon Street, thence southerly .along the center line of Dillon Street for 457 feet to the terminal point be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED khat the cost and expense of the said improvements be paid for by levying s p e c i.a 1 assessments against the privately owned prop- erty lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and iu proportion to the special ,bene- fits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor cut of funds realized from the sale of bonds to be issued in anticipation of defer red payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise For proposals for the con- struction of the various improve- ments herein provided far in the manner provided by law, the said improvements shall be completed on or before 21 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall ,be in force and effect from •and after its passage and adoption by the City Council. Passed, adopted and approved this 30th day June 1949. ALBERT WHARTON Mayor, F. W. THOMPSON FRANK VA NDUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. 2q8 Special Session, June 3oth, 1949 Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Communication of the Holl Do- signing Company submitting pro- posal for engineering services for the East 14th Street overpass presented and read. Mr. Paul Ros- siter, amember of the Hall De• signing Company, addressed the Council in support of their pro- posal for the furnishing of engi• veering services for the East 14th Street overpass. Councilman Russo moved that actfen be suspended on the proposal of the Holl De` signing Company until the Council meeting of Ju]y 18th, 1949. Second• ed by Councilman Thompson. Car• tied .by the following vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Communication of City Manager Rhomberg, submitting proposal of Consoer, Townsend and Associates for engineering services for the East 14th Street overpass and rec• ommending the adoption of a reso• lution authorizing the entering in• to of a contract with the firm of Consoer, Townsend and Associates, presented and read. Councilman Russo moved that action be sus- pended on the proposal of Con- soer, Townsend and Associates and also on the recommendation of City Manager Rhomberg until the Council meeting of July 18th, 1949. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Mr. Allen Wallis addressed the Council asking that Dillon Street be graded and that curb a n d gutter be constructed on said street. Petition of Mr. and Mrs. Charles J. Scharff and others requesting that Bluff Street between 3rd and 4th Streets be placed on a two• hour parking basis, presented and read. Councilman Russo moved the petition be referred to the Chief of Police for investigation and report and also that the report include the territory from 1st St. to 3rd Street on Bluff Street. Seconded by Councilman Thomp• son. Carried .by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of Mrs. C. J. May and others requesting the installation of street lights an York Street, presented and read. Councilman Russo moved that the petition be referred to the Council to view the grounds. Seconded by Councilman 'Van Duelman. Carried by the fol• lowing vote; Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of the Mettel Realty & Investment Company requesting re• zoning of certain properties loca~~ ed on the Northwest corner of West 32nd Street and Central Ave• nue to a business classification, presented and read, Councilman Van Duelman moved that the pe~~~ lion be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of the Dubuquo Safety Council requesting the moving oY Specia( Session, June 3oth, 1949 279 the bus stop on the West Dubuque line from the north side of 8th Avenue just east of Main Street to the north side of Sth Avenue just west of Main Street, present- ed and read. Councilman Russo moved that the petition be referred to the Chief of Police for investigation and re- port, Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of A. Y, McDonald Man• ufacturing Company requesting the vacation and conveyance of East 13th Street from the easterly line ,,; of Pine Street to the westerly line of Sycamore Street; also Pine Street from the northerly line of East 13th Street to 50 feet from the southerly line of East 14th k Street; the alley between Pine Street and Maple Street; Maple Street from the northerly line of ~~- East 13th Stroet to 50 feet from g. the southerly line of East 14th St., presented and read. Councilman r; Van Duelman moved that the petit lion be referred to the Planning and Zoning Commission for their c recommendation and report. Sec• ;; onded by Councilman Russo. Car• tied .by the following vote: ~ Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. r K Nays -None. y Petition of the Thrifty F o o d E Market and others requesting two- - hour parking restrictions on White Street from East 10th Street to East 12th Street, presented and read. Councilman Weiu moved the petition be referred to the Chief of Police for investigation and re• port. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Communication of the Parks Air• lines Inc. by Oliver L, Parks, rec• ommending that the City take whatever action they believe to be mast appropriate and effective in j~~:; f. II order to make the wishes of the City known to the members and chairman of the Civil Aeronautics Board in the matter of hearing on the agreement between Parks Air• lines Inc. and Mid-Continent Air• lines, presented and read. Council- man Russo moved that the com• munication be received and filed. Seconded by Councilman W e 1 u. Carried by the following vote; Nays -None. Yeas - Mayor Wharton, Coun• cilmon Russo, Thompson, Van Duelman, We]u. Certificate of Fire Pension Levy determining and fixing the budget requirements and tax levy for the ensuing year for fire pension pur• poses in the amount of $50,000.00, presented and read. Councilman Van Duelman moved that the cer- tificate ,be referred to the Council for consideration at the time the tax levy is being considered by the Council. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays-None. Certificate of Fire Retirement Levy determining and fixing the budget requirements and tax levy for the ensuing year for fire re• tirement purposes in the amount of $15,000.00 presented and read. Councilman Van Duelman moved that the certificate be referred to the Council for consideration at the time the tax levy is being considered by the Council. Second- ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Certificate of Police Pension Levy determining and fixing the budget requirements and tax levy for the ensuing year for police pension purposes in the amount of $30,00.00, presented and read. Coun cilman Van Duelman moved that the certificate be referred to the Council far consideration at the time the tax levy is being consider- ed ,by the Council. Seconded by 28o Special Session, June 3oth, 1949 Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Certificate of Police Retirement Levy determining and fixing the budget requirements and tax levy for the ensuing year for police retirement purposes in the amount of $11,000.00, presented and read. Councilman Van Duelman moved that the certificate be referred to the Council for consideration at the time the tax levy is being con- sidered by the Council. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Certificate of Playground and Swimming Pool Maintenance Levy outlining the budget requirements and tax levy for the ensuing year for playground and Swimming pool maintenance purposes in t h amount of $26,386, presented and read, Councilman Van Duel man moved that the certificate b referred to the Council for con sideration at the time the to levy is being considered by th Council. Seconded by Councilma Russo. Carried by the followin vote; Yeas -Mayor Wharton, Cou cilmen Russo, Thompson, Va Duelman, Welu. Nays -None. Certificate of Playground Improv ment Fund outlining the ,budg requirements and tax levy for t ensuing year for the improveme of playgrounds in the amount $32,341.00, presetned and rea Councilman Van Duelman mov that the certificate be referred the Council far consideration the time the tax levy is bei considered by the Council. Secon ed by Councilman Russo. Carri by the following vote: Yeas -Mayor Wharton, Co cilmen Russo, Thompson, V Duelman, Welu. Nays -None. Council proceedings Yor the month of January, 1949, presented for approval. Councilman Thomp• son moved that the Council Pro- ceedings for the month of January, 1949 be approved as printed. Sec- onded by Maycr Wharton. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None, Ordinance No. 26.49. An Ordi- nance creating a Playground and Recreation Commission of the City of Dubuque, defining its powers and duties, and providing for joint maintenance and opera- t.ion of playground and recreation facilities with the Board oY Educa- tion of the Independent School District of Dubuque ORDINANCE N0. 26 • 49 An Ordinance creating a Play- ground and Recreation Commis- sion of the City of Dubuque, de• fining its powers and duties, and providing for joint maintenance e and operation of playground and recreation facilities with the Board of Education of the Independent e School District of Dubuque. Whereas, the citizens of the City x of Dubuque are vitally interested e in the scientific and successful n management of playground and rec- g national activities to be provided for by the City Council of said City working in co-operation with n- n the Board oY Education of the n- dependent School District thereof; Whereas, the City Council of said City believes that, in order e• to bring about the best results et and do the greatest amount of he good, it is advisable that all recre- nt ation activities be combined and of administered through a single d• board or commission whose mem• ed hers shall serve without compen- to sation and whose duties shall be at to see that all moneys are properly ng and accurately expended; now, d• therefore, ed BE IT ORDAINED BY THE CITY COUNCIL i0F THE CITY un• OF DUBUQUE: an Section 1. Commission Created. That there be and there is hereby created a commission to be known Special Session, June 3oth, 1949 z81 as Playground and Recreation Commission of the City of Du buque" of seven members consist ing of a representative of the Board of Education of the Index pendent School District of Dubu- que, arepresentative of the Paro• chial School System, the City Man- ager as ex-officio members, to gether with four citizen members, at least two of whom shall be women, all of wham shall serve without compensation. The mem• hers of the commission shall be appointed by the City Council and their term of office shall be for a period of three years. When a vacancy occurs on such commis- sion it shall .be filled by the City Council, but such member thus appointed shall he appointed to fill only the unexpired term of the member in whose place he has been appointed. The City Manager shall be a member oP such commission by virtue of his office and he shall exercise all duties with reference to play- ground and recreation facilities as are by law imposed upon him. Section 2, Organization. That, after such commission has been appointed it shall organize by the election of a chairman, vice-chair- man and secretary and the terms of office of such officers shall be for one year following their elec- tion but they shall continue to hold office until their successors are duly elected. Section 3. Powers and Duties. That such commission shall have supervision over all recreation ac• tivities of the city and shall con- trol the equipment, maintenance and conduct oY the same. It may appoint a suitable superintendent and all necessary assistants, fix their term of employment, salaries and duties. It may adopt such rules and regulations for the con- duct and maintenance of play~ facilities as it may deem advisable, Section 4, Cooperate with School Board. That in the operation, con• duct and operation of recreation ground and recreation activities, the City Council shall cooperate with the Board of Education of the Independent School District oY Dubuque, the Superintendent of -,. i Schools and all public spirited citizens interested in child welfare and in the advancement of physi- cal and social conditions generally and, to this end, it shall annually levy such a tax upon the taxable property of said city as it may deem necessary to defray its share of the expense incident to the carrying on of such activities, but all taxes thus levied or money appropriated shall be expended only upon warrants drawn upon the City Treasurer. Section 5. Certification of Needs. That on or before the 15th day of July in each year, the commission shall certify to the City Council the amount of money it will need for all purposes far the ensuing fiscal year, which statement shall be used to determine the tax levy for recreational activities and as a basis for making an appropriation. If a tax be levied the same shall not exceed that permitted by law. Section 6. Report. That on or be• fore the 10th day of April in each year said commission shall make a complete detailed report to the City Council shooing receipts and disbursements for the year then ended, which report shall ,be kept as a part of the permanent records of the City. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. Section 8. This ordinance shall be in force and effect ton days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first reading this 20th day of June 1943. Passed, adopted and approved upon final reading this 30th day of June 1949. ALBERT WHARTON Mayor. F. W. THOMPSON ROMOLO N. RUSSO FRANK VAN DUELIYIAN CLARENCE P, WELU Councilmen Attest: J. J. SHEA City Clerk, i a82 Special Session, June 3oth, 1949 Published officially in The Tele- graph-Herald newspaper this 1st day of July, 1949. J. J. SHEA. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec• onded by Councilman Welu. Car• ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None, June 23, 1949. To the Honorable Mayor and Mem- bers of the City Council, City of Dubuque, Iowa Gentlemen: At the session of the City Coun- cil held June 6, 1949, a petition from Dr. B. B. Bahme requesting water extension from the corner of McLennon and Tressa Sts. to his property line was referred to me to make arrangements for water service. I wish to report that a 1" service line has been extended as re quested and the work on this project has been completed. Respectfully yours, J. J. HAIL, Superintendent City of Dubuque Water Dept. Councilman Thompson moved that the communication of Water Superintendent Hail be received and filed, Seconded by Councilman Welu. Carried by the following Yote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, 'JJelu. Nays -None. Dubuque, Iowa June 29, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached herewith is communica• lion referred to the Board of Ad- justment for reconsideration of Docket 16-49, Mrs. Bertha Candler, 1730 Elm Street, regarding enclos- ing of front porch. The Board of Adjustment meeting June 28, 1949 again view- ed the above premises and after careful deliberation reaffirmed the previous decision that the applica- tion be denied. Respectfully, Secretary Board of Adjustment City of Dubuque, Iowa Councilman Russo moved that the communication of the Board of Adjustment be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays-None. June 27, 1949, Monorable Mayor and Members of the City Council, Dubuque, Iowa: Gentlemen: At a session of the City Council of the City of Dubuque, Iowa held on June 20, 1949 the following motion was adopted. That the verbal request of Mor- ton Murphy asking that parking be allowed on one side of the street at the intersection of West 12th and Grove Terrace be referred to the Chief of Police for investiga- tion and report. I have made an investigation and find that the East and West sides of Grove Terrace from the intersection of West 12th Street and Grove Terrace is posted pro hibiting parking at all times, to the north line of Arltngton Street. I cannot find this situation covered by City Ordinance. It is hereby recommended that the East side of Grove Terrace from the intersection of West 12th Street to the North line oY Arlington Street be restricted from parking at all times. It is also recommended that parking be per- mitted on the West side of Grove Terrace from the intersection of West 12th to the South line of Arlington with the exception of a safe distance from the corner of Grove Terrace and Arlington Street which can be painted yellow indi- cating where no parking is desir- able. A specific recommendation has been requested for Council consid• Special Session, June 3oth, 1949 ~g3 eration with reference to the han- dling of traffic at the intersections of 17th Street and Central Ave., 4 and at 1st and Main Street. A traffic count indicates a close approximation to the need for a semi-actuated traffic signal, how- ever it is my recommendation that no change .be made so as not to further impede the north and south flow of vehicular traffic row existant on Central Avenue, s at the intersection of 17th Street. At 1st and Main Streets it is my recommendation that no change be made. At 1st ani Mair. Streets there has been considerable drive ing at speeds too fast for condi• lions present. We have directed special effort toward this speed condition and have brought to jus- tice anumber of offenders. This effort will continue. Respectfully yours, Jos. H. Strub, Chief of Police. Councilman Welu moved that the recommendation of Chief of Police Strub with reference t o parking on Grove Terrace be ap• proved and the proper proceedings ordered prepared. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Councilman Thompson moved that stop signs be ordered erected on both sides of First Street at the intersection of Main Street and that proper proceedings be ordered prepared. Seconded ,by Mayor Wh.irton. Carried by the following vote; Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None, Councilman Welu moved that the City Manager be instructed to petition the Iowa State Highway Commission for permission to in- stall asemi-actuated light at 17th Street and Central Avenuo. Second• ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- oilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 28, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond and desire to have your approval on same for filing: EXCAVATION Oliver Larson (Larson Construc• lion Co.) Hawkeye Casualty Co, Rospectfully submitted, A, A. Rhomberg, City Manager. Councilman Thompson moved that the ,bond be approved and placed on file, Seconded by Coun- cilman Welu. Carried by the fol• ]owing vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None, June 27, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Stetmore Street (west side) from the north prop• erty line of Theisen Street to the south property, line of Lombard Stroet with curb and gutter, under contract with Thomas Flynn Coai Company, has bean completed in accordance with the plans and specificifations. I, therefore rec- ommend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Russo moved that the recommendation of City Man• ager Rhomberg be approved. Sec- onded by Comrcilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. ~~ 284 Special Session, June 3oth, 1949 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 162.49. WHEREAS, the contract for the improvement of Stetmore Street (west side) from the north prop- erty line of Theisen Street to the south property line of Lombard Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specific- ations and recommends its accept- ance, nuw therefore, ' BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the Iota or par- cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Yunds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 30th day of June, 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 the adoption of the resolution, Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 27, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road with curb and gutter, under contract with Thom- as Flynn Coal Company, has been completed in accordance with the plans and specifications. I, there- fore, recommend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager, Councilman Welu moved t h a t the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 163-09. WHEREAS, the contract for the improvement of Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road has been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plane and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby i. z iy t+ ~. ~~ l '~~. Special Session, June 3oth, 1949 285 directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement _ and file the same in the office of the City Clerk subject to public iuspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve~ went bands issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percent- age provided for therein. Passed, adopted and approved this 30th day of June, 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 the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 27, 1949. Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that the im- provement of Hillcrest Road from the west property line of Asbury Road to the east property line of Avalon Road with curb and gutter, under contract with Thos. Flynn Goal Company, has ,been completed in accordance with the plans and specifications. I, therefore, recom- mend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager, Councilman Welu moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Russo. Car• ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays - None. {A Resolution Accepting Improve• ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 164.49 WHEREAS, the contract for the improvement of Hillcrest R o a d from the west property line o! Asbury Road to the east property line of Avalon Road has been completed and the City Manager has examined the work and filed his certificate stating that t h e same has been completed accord- ing to the terms of the contract, plans and specifications and recom• mends its acceptance, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and be is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of the Gity Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the solo of im• provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. 286 Special Session, June 3oth, 1949 Passed, adopted and approved this 30th day of June, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA, City Clerk., Councilman Thompson moved the adoption of the resolution. Sec• onded by Councilman Welu. Car• rind by the following vote: Yeas - Mayor Wharton Coun• cilmen Russo Thompson Van Duelman, Welu. Nays-None. June 27, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Valleyview R o a d from the west property line of Morningview Road to the east prop erty line of Avalon Road with curb and gutter under contract with Thomas Flynn Coal Com- pany has been completed in accordance with the plans and specifications. I therefore recom- mend the acceptance of this work, Respectfully submitted, A. A. RHOMBERG, City Manager. , Councilman Welu moved that the recommendation of City Man- ager Rhomberg be approved. Seo- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu. Nays-None. (A Resolution Accepting Improve• ment and'. Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 165-49 WHEREAS the contract far the improvement of Valleyview Road from the west property line of ]1lorningview Road to the e a s t property line of Avalon Road has been completed and the City Man• ager has examined the work and filed his certificate stating that the same has been completed ac• cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City oP Dubuque, that the recommendation of the City Manager .be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 30th day of June, 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 Welu moved the adoption of the resolution. Sec• onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. June 27, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Broadlawn R o a d Special Session, June 3oth, f949 a87 from the south property line of Asbury Road to the north property line of Hillcrest Read with curb and gutter, under contract with Thomas Flynn Coal Company, has been completed in•accordance with the plans and specifications. I, therefore, recommend the accept- anc of this work. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Welu moved that the recommendation of City Man- ager Rhomberg be approved. Sec• onded .by Councilman Thompson, Carried by the following vote; Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu, Nays -None. (A Resolution Accepting Improve. ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 166.49 WHEREAS, the contract for the improvement of Broadlawn road from the south property line of Asbury Road to the north property line of Hillcrest Road has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of th City Clerk snbject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he fs hereby directed to pay to the contractor from the funds to be realized from the sale of improve• ment bonds issued upon the above described improvement in amount equal to the amount of his con• tract, less any retained percentage provided for therein. Passed, adopted and approved this 30th day of June, 1949. Approved: ALBERT WHARTON Mayor. F, W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clork, Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None, Honorable Mayor and City Council, Dubuque, Iowa. Juno 27, 1949. Gentlemen: This is to advise that the im- provement of Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road with curb and gutter, under contract with Thom- as Flynn Coal Company, has been completed in accordance with the plans and specifications. I, therefore, recommend the accept- ance of this work. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Zgg Special Session, June 3oth, 1949 (A Resolution Accepting. Improve• ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 167.49 WHEREAS, the contract far the improvement of Ogilby Road from the south property line of Asbury Road to the north property line oY Hillcrest Road has been completed and the City Manager has exam• fined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVEll, ,by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par• cells of real estate subject to assessment for said improvement and file the same in the office of the City Clerk sbuject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's Intention to levy asseas• menu therefor, as required by ]aw. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve• ment bonds issued upou the above described improvement in amount equa] to the amount of his con• tract, less any retained percentage provided for therein. Passed, adopted and approved this 30th day of June, 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 Thompson moved he adoption of the resolution. ieconded by Councilman V a n Duelman, Carried by the fallowing rate: Yeas -Mayor Wharton, Coun- ;ilmen Russo, Thompson, Van Duelman, Welu. Nays -None. (Awarding Contract) RESOLUTION N0. 150.49 WHEREAS, proposals have been submitted by contractors for the improvement of West Third Street from the east property line of Algona Street to the west property lino of Grandview Avenue pursuant to Resolution No. 131.49 and Thos. Flynn Coal Company contractor, has submitted the lowest bid for the furnishing of al] labor and materials and performing the work as provided for in the plane and specifications; now therefore, BE IT RESOLVED by the Citp Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos. Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 20th 1949. Passed and adopted this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved the adoption of the resolution See- onded by Councilman Thompson. Carried by the following vote; Yeas - Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. a ~i ,, Special Session, June 3oth, 1949 2$9 (Awarding Contract) RESOLUTION N0. 151.49 WHEREAS, proposals have been submitted .by contractors Por the improvement of Simpson Street (north side) from the west prop- erty line of Fremont Avenue to the east property line of Crosa Street pursuant to Resolution No. 133-49 and Thos. Flynn Coal Co, contractor, has submitted the low• est bid for the furnishing of all labor and materials and perform• ing the work as provided Por in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award• ed to Thos. Flynn Coal Co, and the Manager be and he is hereby ( directed to execute a contract on t behalf of the City oY Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 20th 1949. Passed and adopted this 30th day of June, 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 moved the adoption of the resolution. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. (Awarding Contract) RESOLUTION N0. 152.49. WHEREAS, proposals have ,been submitted by contractors for the improvement of Cross Street (east side) from the south property line I~E ~(, of Coates Street to the north property line of Simpson Street pursuant to Resolution No. 135.49 and Thos. Flynn Coal Co., contrac- tor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos. Flynn Coa] Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuquo for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 20th 1949. Passed and adopted this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. WUSSO CLARENCE P. WELD Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. RESOLUTION N0. 168-09. 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. Diamond's Grill, 900-910 Main St. 2qo Special Session, June 3oth, 1949 John M. Thompson and Clarence E. Thompson, 210 West 1st Street Levi J. Roach, 330 Main Street Thomas F. McDonough and Ruth McDonough, 1052 University Ave. John J. Baumgartner and John M. Baumgartner, 1543 Central Ave. Mike Sand and Marie Sand, 2498 Central Avenue James M. Gordon, 469 Main St. Ernest Latham and Myrtle Lath- am, 892 Cleveland Avenue Albert G. Peryon, 257 Eighth Avenue Klauer-Julien Hotel Co., 2nd & Main Streets National Tea Company, 896.895 Main Street National Tea Company, 1604 Cen• tral Avenue Isadore Blum and Dorothy Blum, 2412 Central Avenue A. R. Uppinghcuse and Phila mena Uppinghouse, 238-240 West 6th Street Ernest W, Pfalzgraf, 1300 Cen- tral Avenue Tenenbom's Super Market, Inc., 630 Locust Street Mrs. Josephine Burke, 1091 Main Street Andrew P, Karigan, 401 Central Avenue The Great Atlantic & Pacific Tea Co., 13th & Iowa Streets Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Streets Dubuque Metal Trades Council Club, 111 West 6th Stroet John Schaetzle, 2162 Central Avenue Daniel McDonald, 216 West 1st Street Veterans of Foreign Wars Clwb, 1031 Main Street John E. Noel, 2400 Central Ave. Gaylon C. Seeley, 2595 Rhom- berg Avenue John D. Corken, 2195 University Avenue Frank H, Berntgen, 2186 Central Avenue Henry J. Scharr and James J. Scharr, 1198 White Street Loyal Order of Moose, Dubuque Lodge No. 355, 1379 Central Ave. William Savory and Viola Savory 827 Dodge Street Fred W. Neumeister and John C. Neumeister, 729 Lincoln Avenue George R. Hunt and Christopher C. Gratz, 801 Main Street Charles A. Bergener, 1064 Uni- versity Avenue Hubert J. Kress, Jr., 532 East 22nd Street Roshek Bros. Company, 700.798 Locust Street Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street Frank G. Wieland, 3198 Central Avenue Earl G, Corbett, 908 Rhomberg Avenue Gus L. Manternach, 1105 Loras Blvd. N. J. Kopp, 253 East 21st Street Navy Club of Dubuque, Ship No. 67, 1201 Central Avenue George J. Zillig, 234 West 9th Street Merlyn L. Weber, 1904 Central Avenue Louis Anthcine, 119 West 6th St. Audrey J. Fesler, 553 Eighth Avenue Donald C. Moos and Leo J. Weber, 698 Central Avenuo Fred Weiner, 1101 White Street Walter Mengis, 1618 Central Ave. Clifford Frehage, 650~Z East 16 Street R. Daniel Winders, 2204 Central Avenue American Veterans of World War II, Dubuque Post No. 3 (Am- vets), 429 Main Street Gilbert J. Nicks and Josephine Nicks, 103 East 22nd Street Millard Poquette and Clifford G. Harker, 951 Main Street Phillip Mihalakis, 800 East 16th Street Iona Miller and Glen Miller, 1322 Central avenue Alford Finch, 1347 Central Ave. John J. Ludescher, 1897 Semin- ary Street Page Hotel Company, 73.75 East 4th Street Irvin G. Hassel, 2678 Central Avenue Morris B. Flick, 5 Eighth Ave. Leo R. Bonz and Rebecca Bonz, 310 East 30th Street Leonard P. Bertsch, 304-326 Main Street Special Session, June 3oth, 1949 291 Melvin C. Lynn, 424 West Lo- cust Street Dubuque Packing Company, 16th & Sycamore Streets Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue Joseph J. Weiner and Evelyn Weiner, 709 University Avenue Raymond Syke, 923 Main Street Clifford Calvert and Bertha Cal- vert, 185 Main Street Melville L. Donovan, 1876 Cen- tral Avenue Rod and Gun Chtb, 1103 Iowa Street Oasis Club, 998 Central Avenue Roy Brammer and Rex Brammer 1306 Delhi Street Raymond McLaughlin, 115 East 22nd Street Paul A. Leonard, 239 West 6th Street John Grutz and Clara Gratz, 2991 Central Avenue Arthur J. Trapp, 1266 Central Avenue Wm. C. Leik, 501 Rhomberg Ave. Harry A. Rawson and Grace Raw- son, 342 Main Street B. A. Ruegnitz., 629 Rhomberg Avenue Francis O'Toole and Arlene Pau• ly, 280 Main Street Joseph J. Siege, Jr. and Ferdin• and VV. Kenniker, 2401 Windsor Avenue Harold A. Cosley and William W. Cosley, 1121 University Avenue Orville P. Murphy, 435 Central Avenue Carl Van Duelman, 590 Seminary Street Fred Herber and Annabelle Her- ber, 2108 Central Avenue Leo M. Kraus, 1096 Central Ave. Joseph L. Wingert and Josephine Wingert, 400 Rhomberg Avenue Carl Noel, 1080 University Ave. Vincent J. Hogan, 231 West 2nd Street ~ Ralph W. Pankratz, 1091 White k Street ~ Arthur W. Pins, 408 West Lo• cost Street ' Merlin Apel, 1195 Dodge Street ~ Donald E. Wertz, 630 Main St. Robert J. Bowen, 1105 University SS Avenue 1 ~ Paul C. Wright, 2987 Jackson St. Arthur H. Eichman, 2119 Rhom• berg Avenue ' 1' i 8 R ~ ,' - Jahn C. Beck, 1501 Central Ave. Harold A. Casey, 655 Seminary Street Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue Otto J. Dunbar, 2401 Jackson St. Andrew D. Karigan, 720 Main St. Triangle Cafe, 926 Main Street Mrs. Anna Heiar, 1900 Washing- ton Street Leo F. Link, 1487 Central Ave. Charles C. Scherrer, 2997 Cen• tral Avenue Arthur Apel, 1176 Iowa Street Robert L. Hanson, 1590 Elm St, William A. Brown and Hilda Brown, 2417 Rhomberg Avenue Lester Shetler and Sylvester Shetler, 1638 Central Avenue James P. Kachevas, 493 Main Street Frank Sand and Elsie Sand, 2364 Washington Street Fred H. Cooper and Harold J. Love, 250 West 6th Street Alfred Hadley and Lillian Had- ley, b79 Eighth Avenue Robert McFarlane, 1798 Central Avenue George T, Vrotsos and Spiros D. Coven, 605 Main Street Walgreen Drug Company, 813 Main Street Eugene McCann, 802 Iowa Street Mrs. Kathryn Peed and Raymond G. Wunder, 1006 Central Avenue Ralph J. Cramer, 1415 Rhom- berg Avenue Steve Cole, 402 Main Street George Westercamp, 1399 Jack• son Street William Hochberger, 1701 Asbury I Street John M. Kane, 29 Eighth Ave. Martin Meyer aed Vernon Meyer ~~ 530 East 22nd Street Dell Warren and Ralph Warren, 1700 Central Avenue John Meisenburg and Carl E. Blosch, 450 West Locust Street Clarence Zenz and Marie Zenz, 509 Eighth Avenue Louis Bournias and Rhea Bour- nias, 2284 University Avenue Amy Haley, 815 West 5th St. Milton Fink, 3165 Central Ave. Cruso A. Alba, 2601 Jackson St. Mrs. Eleanor Glynn, 1563 Central Avenue Harry N. Gantert, 1301 Rhom- berg Avenue aqa Special Session, June 3oth, 1949 Mrs. Wilma Gloeckner, 3 4 3 Eighth Avenue A. J. Ender, 534 Rhomberg Ave. A. J. Ender, 1703 Maple Street John Henkei and Alma Henkel., 2222 Central Avenue Henry Torrey, 205 Kaufman Ave, Earl J. McNamara, 1046 Univer- sity Avenue Arthur F. Herber and Theresa Herber, 2319 Prince Street Wm. Wagner, 1501 Rhomberg St. Joseph J. Ott, 2003 Washington Street Melvin B. McDonough, 305 Eighth Avenue Leo A. Booth and Alice E. Booth, 560 Nevada Street John J. Haley and Fay H. Haley, 1298 Main Street William White, 1995 Asbury Rd. Disabled American Veterans Club, Inc., 951i/z Main Street Mrs. Florence Helmer, 3203 Jack- son Street Michael A. Pusateri and Gus Pusateri, 1098 Main Street George Kanavas, 1689 Elm St. Clarence J. Pfeiffer, 1555 Central Avenue Jack Solomon, 555 Main Street James M. Kane, 1205 Cleveland Avenue Marie Ernst, 701 Central Ave. Hartig Drug Company, 730 Main Street Hartig Drug Company, 97 Locust Street Hartig Drug Company, 2376 Cen- tral Avenue Cletus N. Pauly, 1255 Central Avenue Alfred G. Porter, 2541 Central Avenue Stanley Meis, 605 West Locust Street Hiawatha Club, 576 Central Ave. Al. Rogan, 400 Iowa Street Kermit Meyers and Thos. Lilly, 714 Main Street North End Choral Club, 2774- 2776 Jackson Street M. J. Ludwig, 1545 So. Grand- view Avenue Thelma Mardauss, 349 Eighth Avenue Geo. Ragatz., Jr., 1996 Central Avenue Louis O'Meara, 1655 Delhi Street Harry Kopple, 1098 University Avenue Harry Murphy and Dorothy Mur• phy, 1097 Jackson Street J. F. Stampfer Company, 800 Main Street George P. Arvanitis, 1958 Cen• tral Avenue Peter Petrakis, 1401 Central Ave. Fraternal Order of Orioles, 1600 Central Avenue Clifford Steffen and Helen Stef- fen, 1046 Central Avenue Vincent B. Schwartz, 1105 Wal• nut Street B.P.O.E. Lodge No. 297, 7th & Locust Streeta 'Dr. Pepper Bowling Lanes Club, 880 Locust Street Wm. E. Wodrich, 1101 Rhomberg Avenue Louis J. Winkler, 625 Central Avenue Louis Ring, 155 West 11th St. Louis Ring and Kenneth Ring, 1500 Central Avenue Harry J. Smith, Sr. 2239 Univer- sity Avenue Joe Giunta, 2022 Central Ave. J. Louis Spielman and S u s a n Spielman, 601 Rhomberg Avenue Charles T. Snyder and Elsie Snyder, 543 Eighth Avenue Earl T. Avery, 1602 Lincoln Ave. George Lanser and Helen Lan• ser, 3165 Central Avenue Clarence C. Buelow, 1555 So. Grandview Avenue W. C. Crahan, Cor. Dodge and Bluff Streets Joe Harris, 2117 University Ave. American Legion, Dubuque Post No. 6, 290 West 4th Street Mrs. May M. Winter, 1398 White Street Frank W. Thompson and John F. Thompson, 250 West 1st Street Roy A. Wright, 2600 Jackson St. Victory Club, 326 Main Street Anton Fortmann Company, 253 Main Street George J. Scherer and Emma Scherer, 1187 Iowa Street George Miller, 400 Central Ave, Albert 0. Barnett, 731 Rhomberg Avenue Joseph C. Schneider, 2900 Cen- tral Avenue Dubuque GoIP Club, Randall Pl. Geo. R. Jackson and Joe Schel- ler, 1206 Iowa Street John J. Hickey, 55 Locust Street Special Session, June 3oth, 1949 293 Justin Johanningmeier, 1879 Cen- tral Avenue Ray J, Nicks, 521 East 22nd St. Lawrence Schwartz, 500 Rhom- berg Avenue William Maas and Elizabeth Maas, 1401 Elm Street Peter Klauer, 2700 Jackson St. Mrs. Rosemary Hird, 2220 Uni• versity Avenue Donald W. Schuster, 2404 Cen• tral Avenue Zeno A. Tranel, 598 Main St. Dubuque Cyclo Club, 720 Iowa Street Charles Falkenhainer, 109? Uni- versity Avenue John Glynn and Helen Glynn, 659 Central Avenue Frank M. Kelly and Francis E. Kelly, 1075 Dodge Street Edmund N. Manders, 1001 Rhom- berg Avenue Frederick Landolt, 690 West Lo- cust Street Clarence Kipper, 1585 Delhi St. George C. Kruse, 2418 Central Avenue Ellas Mihalas, 574 East 16th St. Ralph H. Conklin, 464 West Lo- cust Street Ann Burke and Mrs. Thelma Trapp, St. Joseph's Mercy Hospital Joseph Hillard and Bernice Hill- ard, 431 Rhomberg Avenue Orland C. Driscoll and Kermit Meyers, 244 Weat ]st Street Loras College, 655 Loras Blvd. Frank Klein and Anna Klein, fi00 Central Avenue Lester A, Foell, 2093 Washing• tan Street Anthony Schmit, 1048 Main St. Theodore T. Kies, 1362 Central Avenue Canfield Hotel, 34.36 West 4th Street Myron C. Vincent, 1875 Univer• city Avenue Charles Pochter and Ruth Poch• ter, 342 Eighth Avenue Jahn F. Tench and Vincent W. Mescher, 1233 Rhomberg Avenue Sylvester Weiner and Dolores Weiner, 201 East 22nd Street Melvin H. Maas, 700 East 16th Street The Hollywood Grill, 500 Main Street I Leo P. Manahl, 785 Groveland Place Joseph Walsh, 21 West 7th St. Frank J. Paar, 1842 Central Ave. Louis L. Reisch, 1828 Central Avenue Charles S. Dugan, 390 East 12th Street Frank J. Pusateri, 1296 Central Avenue Bert Zelens, 401 Main Street Mrs. Florence Austin, 1680 Cen- tral Avenuo Tony Helling, 80 Locust Street Mrs. Jean Stangl, 241 Ma inSt John E. Kringle, 64 Locust St. Peter J. Apel, 265 West iat St. Raymond M. Galliart and Evelyn M. Galliart, 1405 Dodge Street Wm. F. Barrington and Walter J. Duccini, 176 Locust Street Fred C. Potterveld and Winifred S. Potterveld, 1687 Delhi Street Robt. E. Sullivan, 620 So. Grand- view Avenue Mildred M. Schaller and Clara R. Schaller, 378 Main Street Luxemburg Club of Dubuque, 18- 62 Central Avenue Ray Jones and Catherine Jones, 2403 Central Avenue The Rex Club; 127 West 6th St. Thomas E. Nacos, 1598 Jackson Street Vird Clary and Dolores Clary, 1961 Central Avenue Robert A. Lange, 2616 Windsor Avenue The Kroger Company, 270 West 7th Street Francis McCauley, 1040 Univer- sity Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 30th day June, 1949. ALBERT WHARTON Mayor. F, W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELD Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved t h e adoption of the resolution, Second- 294 Special Session, June 3oth, 1949 ed by Councilman Thompson. Car- ried by the following vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu, Nays -None. RESOLUTION NO. 169.49 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 granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit William Savory and Viola Sa- vory, 827 Dodge Street John M. Thompson sad Clarence E. Thompson, 210 West First St. Daniel McDonald and Loretta McDonald, 216 West First street Mike Sand and Marie Sand, 2498 Central Avenue Fred Herber and Annabelle Her- ber, 2108 Central Avenue Harold A. Cosley and William W. Cosley, 1121 University Avenue James P. Kachevas, 493 Main St. Andrew D. Karigan, 720 Main St. Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue Walter Mengis and Mathilda Mengis, 1618 Central Avenue Donald C. Moes and Leo J. Weber, 698 Central Avenue Glen Miller and Ione Miller, 1322 Central Avenue Clifford Steffen and Helen Stef• fen, 1046 Central Avenue Joseph L. Wingert and Josephine Wingert, 400 Rhomberg Avenue Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue Raymond McLaughlin, 115 East 22nd Street Harry A. Rawson and Grace Rawson, 342 Main Street Paul A, Leonard, 239 West 6th Street Albert M, Meyer and Alma M. Meyer, 779 Iowa Street George Westercamp, 1399 Jack- son Street George Kanavas, 1689 Elm St. John J. Haley and Fay H. Haley, 1298 Main Street Klauer-Julien Hotel Co, 2nd and Main Streets Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue Andrew Fortmann Company, 253 Main Street Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Ave, George J, Scherer and Emma Scherer, 1187 Iowa Street William E. Wodrich and Anna Wodrich, 1101 Rhomberg Avenue Cletus N. Pauly, 1255 Central Avenue Dorothy Blum and Isadore Blum, 2412 Central Avenue George Lanser and Helen Lan- ser, 3165 Central Avenue William Maas and Elizabeth Maas, 1401 Elm Street George J. Zillig, 234 West 9th Street John Meisenburg and Car] E. Blosch, 450 West Locust Street Frank Sand and Elsie Sand, 2364 Washington Street Charles Pochter and Ruth Poch- ~~ter, 342 Eighth Avenue Melvin H, Maas, 700 East 16th Street Frank Klein and Anna Klein, 600 Central Avenue Vird Clary and Dolores Clary, 1961 Central avenue Jahn M. Kane, 29 Eighth Ave. Louis L. Reisch, 1828 Central Avenue Charles S. Dugan, 390 East 12th Street Kathryn Peed and Raymond G. Wunder, 1006 Central Avenue Frank J. Paar, 1842 Central Ave. (Transfer of address from 1828 Central Avenue) Class "B" Permit For Private Club The American Legion, Dubuque Post No. 6, 290 West Fourth St. Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Streets Fraternal Order of Orioles, Du- buque Nest No. 11, 16th & Central Avenue Veterans of Foreign Wars, Inc Leo A. Schwind Post No. 508, 1031 Main Street Benevolent and Protective Order of Elks, Dubuque Lodge No, 297, N.W. Cor. 7th & Locust Streets Special Session, June 3oth, 1949 295 Dubuque Cycle Club, 720 Iowa Street The Rex Club, 127 West 6th S~t, Class "C" Permit Harold A. Casey, 655 Seminary Street Arthur W. Pins, 408 West Lo- cust Street Roshek Bros. Company, 700.798 Locust Street Vincont J. Hogan, 231 West 2nd Street Irvin G. Hessel, 2878 Central Ave. Frank W, Thompson and John F. Thompson, 250 West 1st Street Otto J. Dunbar, 2401 Jackson St. Passed, adopted and approved this 30th day of June, 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, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Fred Herber and Annabelle Her• ber, 2108 Central Avenue Harold A. Cosley and William W. Cosley, 1121 University Avenue James P. Kachevas, 493 Main Street Andrew D. Karigan, 720 Main Street Frank H, Berntgen and Marion Berntgen, 2186 Central Avenue Walter Mengis and Mathilda Mengis, 1618 Central Avenue Donald C. Moes and Leo J. Weber, 698 Central Avenue Glen Miler and Ione Miller, 1322 Central Avenue Clifford Steffen and Helen Stef- fen, 1046 Central Avenue Joseph L, Wingert and Joseph- ine Wingert, 400 Rhomberg Ave. Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue Raymond McLaughlin, 115 East 22nd Street Harry A, Rawson and Grace Raw- son, 342 Main Street Paul A, Leonard, 239 Wost 6th Street Albert M. Meyer and Alma M. Meyer, 779 Iowa Street George Westercamp, 1399 Jack- son Street George Kanavas, 1689 Elm St. John J. Haley and Fay H. Haley, 1298 Main Street Klauer-Julien Hotel Cc., 2nd & Main Struts Wm, Van der Meulen and Sophie McMann, 2327 Central Avenue Anton Fortmann Company, 253 Main Street Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Ave. George J. Scherer and Emma Scherer, 1187 Iowa Street William E, Wodrich and Anna Wodrich, 1101 Rhomberg Avenue Cletus N. Pauly, 1255 Central Avenue Dorothy Blum and Isadore Blum, 2412 Central Avenue George Lanser and Helon Lan- ser, 3165 Central Avenue William Maas and Elizabeth Maas, 1401 Elm Street George J, Zillig, 234 West 9th Street RESOLUTION N0. 170.49 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 com- ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Class "B" Permit William Savory and Viola Savory 827 Dodge Street John M, Thompson and Clarence E. Thompson, 210 West First St, Daniel McDonald and Loretta Mc- Donald, 216 West First Street Mike Sand and Marie Sand, 2498 Central Avenue ~~NMIII~~IM~ - ag6 Special Session, June 3oth, 1949 John Meisenburg and Carl E. Blosch, 450 West Locust Street Frank Sand and Elsie Sand, 2364 Washington Street Charles Pochter and Ruth Poch- ter, 342 Eighth Avonue Melvin H. Maas, 700 East 16th Street Frank Klein and Anna Klein, 600 Central Avenue Vird Clary and Dolores Clary, 1961 Central Avenue John M. Kane, 29 Eighth Avenue Louis L. Reisch, 1828 Central Avenue Charles S. Dugan, 390 East 12t'h Street Kathryn Peed and Raymond G, Wunder, 1006 Central Avenue Frank J. Paar, 1842 Central Ave. (Transfer of address Yrom 1828 Central Avenue) Class "B" Permit For Private Club The American Legion, Dubuque Post Na. 6, 290 West 4th Street Fraternal Order oY Eagles, Aerie No. 568, 6th & Locust Streets Fraternal Order of Orioles, Du- buque Nest No. 11, 16th & Cen- tral Avenue Veterans of Foreign Wars, Inc., Lea A. Schwind Post No. 508, 1031 Main Street Benevolent & Protective Order of Elks, Dubuque Lodge No. 297, N.W. Cor. 7th 8c Locust Streets Dubuquo Cycle Club, 720 Iowa Streets The Rex Club, 127 West 6th St, Class "C" Permit Harold A. Casey, 655 Seminary Street Arthur W. Pins, 408 West Lo- cust Street Roshek Bros. Company, 700.798 Locust Street Vincent J. Hogan, 231 West 2nd Street Irvin G. Hessel, 2678 Central Ave, Frank W. Thompson and Jahn F. Thompson, 250 West 1st St. Otto J._Dunbar, 2401 Jackson St. BE IT FURTHER RESOLVED shat the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved this 30th day of June, 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 moved the adoption of the resolution. Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Russo, 'Phompson, Van Duelman, Welu. Nays -Nona, There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. J. J. SHEA. City Clerk. Approved ................................ 1949. Adopted . ............................... 1949. 9~ ~~ ~" ~~