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1949 October Council Proceedings., Regular Session, October 3rd, 1949 539 City Council (OFFICIAL) Regular Session, October 3rd, 1949. Council met at 7:30 P.M, Present-Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. City Manager Rhomberg. Mayor Wharton stated that this is the regular monthly meeting of the City Council for the pur• pose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to is- sue bonds for the construction of sanitary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimited by Ordinance No. 23.43, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. 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, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Petition of Dubuque Golf Club, by F. D. Gilloon, Its Attorney, own• er of real estate situated in Grand- view Place and Grandview Park, submitting objections to the pro- posed special assessment against each and all of their lots on ac- count of the construction of a sewer, sewer lift and force main in Bradley Street Sewer District, presented and read. Attorney F. D. Gilloon addrea• sed the Council in support of the petition of the Dubuque Golf Club. Councilman Russo moved that the petition be referred to the City Solicitor for investigation and re• part. Seconded by Councilman Thompson. Carried by the follow• ing vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Petition of William F, and Belle Appel and others, by O'Connor, Thomas & O'Connor, Their Attor- neys, owners of lots situated in Grandview Place, Whelan's Subdi• vision and Grandview Park Addi- tion, submitting objections to the proposed special assessment against their lots on account of the construction of the Bradley Street sewer, force main and lift station, presented and read. Councilman Russo moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Council- man Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None, Proof of publication certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to is- sue bonds for the improvement of Dunleith Street from the west property line of Southern Avenue to the end, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Edgar J. and Pearl E. Connelly, owners of Lot 2 of the Sub. of 1 of 1 of B and 1 of 1 of 1 of Mineral Lot 24, submit- ting objections to the proposed special assessment against their property for the improvement of Dunleith Street from the west property line of Southern Avenue to the end, sand requesting that Council view their property before levying the special assessment, presented and read. 54o Regular Session, October 3rd, 1949 Councilman Thompson moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Petition of Mfss Ilda Bavendick, owner of property located at 1275 South Grandview Avenue, sub- mitting objection to the proposed special assessment against her property for the improvement of Dunleith Street from the west property line of Southern Avenue to the end, and requesting that the City Council view the prop- erty before levying the special as- sessment, presented and read, Councilman Thompson moved that the petition be referred to the City Conncil to view the grounds. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Original Notice of Suit of Dwight Lloyd in the amount of $100.00 for damages to his car due to a de• fective street on Chaney Road, presented and read, Councilman Russo moved that the Original Notice of Suit be re- ferred to the City Solicitor. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Communication of Robert Byrus, Fire Protection Engineer, Iowa State College, Ames, Iowa, with reference to a school of instruction for full-time fire departments to be held October 18th to 21st, 1949, presented and read. Councilman Russo moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Notice of Claim of Walter As• mussen in the amount of $3.00 for wrecker services rendered due to striking hole in the street on Hill- creat & Mullin Roads, presented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Notice of Claim of Helen McCar- ron in an unstated amount for in- juries sustained in a fall on a defective sidewalk in front of 1380 Curtis Street, presented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Communication of E. D. Regad, Colonel, Ord. Dept. Commanding, with reference tc establishing a mutual agreement for fire protec• lion between the City of Dubuque Fire Department and the Savan- na Ordinance Depot Fire Depart- ment, presented and read. Councilman Thompson moved that the communication be referred to the Fire Chief for recommenda- tion and report. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None, Petition of the Board of Direc- tors of the Independent School District of Dubuque, Iowa, advis- ing that they have purchased for elementary school purposes Lot 1 of Hyatt Place in Dubuque Tawn- ship, Dubuque County, Iowa and requesting the City Council to ex- tend the city boundry to include Lot 1 of Hyatt Place, presented and read. Councilman Van Duelman moved that the petition be referred to Regular Session, October 3rd, 1949 541 the Council to view the grounds. Seconded by Councilman Russo. ±? Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Ralph H. Mueller re- questing permission to extend the sewer on 32nd Street as far as Lot 2 Heim Subdivision, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds and that the proper proceedings be prepared during the interval. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Myrtle A. Chapman requesting a refund in the amount of $75.00 on the unexpired portion of her cigarette permit No, 262, as she has discontinued business on August 29, 1949, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Myrtle A. Chapman to cover the amount of refund grant- ed on the unexpired portion of her cigarette permit No. 262, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of the Parking and In- tro-City Traffic Committee of the Chamber of Commerce submitting for Council consideration a pro- posed plan to divert trafifc com- ing from the south from Locust Street at Second Street; thence east on Second to Iowa Street; thence north on Iowa Street to Third Street; thence east on Third Street to Central Avenue; and thence north on Central Avenue and requesting that the City Coun- cil petition the State Highway Commission to make this change, presented and read. Mr. M. H. Czizek addressed the Council in support of the petition. Councilman Russo moved that the petition be referred to the Council to view the grounds and that an invitation be extended to all interested parties to attend the Council meeting of October 17th, 1949 to express their opinions. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Petition of Herbert C. Peters and others requesting that action be taken now to provide an ade- quate water supply with sufficient pressure for domestic purposes and sanitation and particularly for fire protection in the northerly resi- dential district with particular reference to the territory aside of and beyond Linwood, including Jefferson High School, Xavier Hos- pital, Old Peoples Home, Academy and Sunnycrest Sanitorium, pre- sented and read. Mr. Louis Kolfenbach addressed the Council in support of the pe~~~ lion. Councilman Welu moved that the Council view the Water Works plant and its distribution system. Seconded by Councilman Thomp• son. Carried by the following vote; Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man. Welu. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of August, 1949, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Council Proceedings for the month of April, 1949, presented for approval, Councilman Van Duelman moved that the Council Proceedings for the month of April, 1949, be ap- proved as printed. 542 Regular Session, October 3rd, 1949 Seconded by Councilman Thomp• son. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu, Nays-None. Ordinance No, 3&49 An Ordinance granting to Max Blum the right to construct a sani- tary sewer from Eagle Street in and along Lindberg Terrace to serve lots numbered 2 to 9 inclu- sive of Beutin's Subdivision in the City of Dubuque, describing the conditions of the grant, regulating the wse of said sewer and future connections therewith, said ordin• ante having been passed upon first reading on September 19th, 1949, and ordered placed on file with the City Clerk for public in- spection for at least one week be• fore its final adoption, was pre, sented for final adoption. ORDIN.~NCE N0. 36.49 An Ordinance granting to Max Blum the right to construct a san- itary sewer from rr^,agle Street in and along Lindberg Terrace to serve lots numbered 2 to ~ inclusive of Beulin's Subdivision in the City of Dubuque, describing the conditions oP the grant, regulating the use of said sewer and future connections therewith, Whereas, Max Blum has petitioned the City Council of the City of Du- buque for permission to construct a sanitary sewer from Eagle Street in and along Lindberg Terrace to serve lots numbered 2 to 9 inclusive of Beutin's Subdivision, which property is owned by the Applicant. And Whereas, this Council, after due consideration, finds that the prayer of the application should ha granted. Be It Ordained by the City Council of the City of Dubuque: Sec. 1. That Max Blum be and he is hereby granted the right to con- struct asix inch (6") sanitary sewer beginning at the existing manhole located at the intersection of Eagle Street and Eagle Street Extensia~t and running easterly along the cen- terline of Eagle Street Extension a distance of ]89.3 feet to the inter- section with Lindberg Terrace; thence northeasterly along the centerline of Lindberg Terrace a distance of 268.13 feet to the intersection the prolonga- tion of the south line of Lot No. 8 of Beutin's Subdivision in the City of Dubuque. Sec. 2. That the total cost of con- structing said sewer shall be paid by Applicant, and said sewer shall be built under the supervision and di- rection of the City Manager and the City Engineer. Sec. 3. As a further consideration of the rights and privileges herein granted, said Max Blum, his succes- sors and assigns, assume any and all liability for damages to persons or property which may result fro•n the construction of said sewer. Said Applicant, his successors and assigns, at their own expense, agree to pay on behalf oY the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City for damages of any and all kinds, resulting from the construction nt said sewer, by any person or persons caused by accident or otherwise aris- ing out of the construction of said sewer. Said Applicaut shall defend, at his own expense, on behalf of tho City any suit commenced against the City for damages for cersonal injuries or destruction of property arising out of the construction of said sewer, and liability thereunder shall continue until all ditches have been refilled, obstructions removed from the street, and the surface of the street replaced to substantially as good condition as it was in before the commencement of the work, and the sewer accepted oy the City of Dubuque. Sec. 4. As a further condltien of this grant, it is understood that after said sewer is completed, the City of Dubuque shall have the right to make extensions thereto into other streets or districts without being required to pay any part of the cost of orig- inal construction. Sec. 5. As a further condition to this grant, it is understood that when said sewer it completed, it• shall be considered a public sewer and there- after the maintenance and repair ex- penses shall be borne by the City of Dubuque. Sec. 6. After said sewer has been completed and the total cast thereof determined, such costs shall be cer- tified as correct and fried in the of• fits of the City Cterk, where the same shall remain as a permanent record. Any person or persona de- siring to connect with said sewer shad Pirst apply to the City Council for permission so to do, and such permission shall be granted upon con- dition that such property owner pay to the Applicant herein, his succes- sors or assigns, such part of thc, total original cost oP constru.^.tion of said sewer as the linear feet of the property to be connected bears to the entire sewer, which cost shall not be in excess of that which may be levied upc^ the property in the construction of sewers as provided by the statute of Iowa. Sec. 7. That after said sewer has been constructed, it shall not be re- moved or its free use interfered with by the Applicant, his successors or assigns. Sec. 8. As a further consideration, it is understood that this sanitary sever shall be used to carry only sanitary sewage; that nn down-spouts shall be connected therewith; that no surface water or drainage of any kind shall be run Into said sewer, Sec. 9. This Ordinance shall be In force and effect ten l10) days from and after its final Passage, adoption and publication as provided by law and when the terms hereof are ac- cepted by Petitioner, which accept- ance shall be endorsed hereon. All costs in connection therewith shall be paid by Petitioner. Passed upon first reading this 19th day of September, 1919. Passed, adopted and approved upon this 3rd day oP October, 1949. Regular Session, October 3rd, 1949 543 ALBERT WHARTON Mayor F. W. THOMYSON FRANK VAN DUELMAN ROMOLO N. HUSSO CLARENCE P. WELD Councilmen Attest: J. J. SHEA, City Clerk. Acceptance of Ordinance No, 96.49 bfax Blum, having full knowledge and understanding of all the terms and conditions of Ordinance No. 36-49, hereby accepts the same as passed, and agrees to comply with all [he terms and conditions thereof. Eaecuted this 4th Say of October, 1949. 2IAX BLUM Published officially in The Tele- graph-Herald newspaper this 6th day of October, 1949. J. J. SHEA, It Oct 6 City Clerk Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu, Nays-None. 21 September 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Elmer J. Friedman in the amount of $200.00 far property damage occurring on or about July 28th in the City of Dubuque, Iowa to his automobile, it appears that his automobile was parked along side of the north curb of 13th Street near the crosswalk, and that while so parked, a large dead limb fell from a tree that was growing be- tween the curb and sidewalk and damaged the automobile to the ex- tent of $200.00, After investigation of this matter, I am of the opinion that there ja a liability on the part of the City. I have conferred with the attorneys for the claimant, and they have agreed to accept $100.00 in full payment of their claim: I recommend that the claim of El- mer J. Friedman be allowed in the sum of $100.00, and that a warrant be issued payable to O'Connor, Thomas & O'Connor, attorneys for Elmer J. Friedman, for said amount, 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 Solicitor Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of O'Connor, Thomas & O'Connor, Attorneys for Elmer J. Friedman, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a prop- erly executed release. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu, Nays-None. October 3, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held September 6, 1949, I was instructed to confer with the Chief gf the Fire Depart- ment with reference to an increase in his salary and to submit a re- port on the subject to the City Council. I have conferred with Fire Chief Thos. H. Hickson and find that he and other department heads have not had their salaries in- creased over the past number of years in the same proportion as their subordinates. For example, the pre-war -April 1941 -Fire Chief's annual salary was $2,820.00 and the Senior Fire Captain's sal- ary was $2,040.00, or a difference of $780.00. The present comparison is $4,296.00 and $3,442.72, or a dif- feernce of $853.28, These salaries are being paid in accordance with the amounts pro- vided in the detailed distribution of expenditures as adopted by the City Council on March 21, 1949. The Code Section 419.55, paragraph 7, provides that the City Manager shall fix the compensation to be paid the employees whom he has the power to employ. Therefore, the City Manager has the right to fix compensation for such em- ployees at any amount within the stipulated amounts set forth in the budget but not in excess thereof. In order to make possible a re- vision of any salaries currently paid at the maximum amount 544 Regular Session, October 3rd, 1949 stipulated in the budget, it would be necessary for the Council to re- vise such budget in the particular fund by adding to the salary ac- count and subtracting a like amount from same other item con• tained within the same fund, thus observing the requirements of Code Section 24.14 which is as fol- lows: "24.14 Tax limited. No greater tax than that so entered upon the record shall be levied or col- lected for the municipality pro- posing such tax for the purpose or purposes indicated; and there- after no greater expenditure oY public money shall be made for 'any specific purpose than the amount estimated and appropriat- ed therefor, except as provided in sections 24.6, 24.16 .and subse~~ lion 4 of section 343.11:' The question of proper pay for department heads in order to take into account the added responsibil- ity they bear over their subordi- nates is not a problem unique to the Fire Department and Prevails in several other parts of the city ad• ministration and any proper inves• tigation in the matter must of necessity be broadened to include such other similar situations as a matter of fairness. Respectfully submitted, A. A. RHOMGERG, City Manager Councilman Welu moved that the communicaticn of City Manager Rhomberg be received and filed. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Councilman Welu moved that the City Manager be instructed to sub• mit a report and recommendations to the City Council with reference to salaries for the various depart- ment heads. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. (Awarding Contract.) Resolution No. 281-49 Whereas, proposals have been submitted by contractors for the construction of a reinforced con- crete cover slab over the "Bee Branch" sewer at Fifteenth and Sycamore Streets from the end of the existing cover slab easterly a distance of 360 feet pursuant to Resolution No. 274-49 and K-M Construction Company, contractor, has submitted the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and speci• ficationa; now therefore, Be It Resolved by the City Coun• cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to K-M Construction Company, and the Manager be and he is hereby di• rected to execute a contract on be• half of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef• fective from and after its passage and adoption by the City Council. Approved and placed on fife for one week on September 19, 1949. Passed and adopted this 3rd day of October, 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. Sea onded by Councilman Van Duel• man. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Resolution No, 2899 Be It Resolved by the City Coun• cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City, and the Manager Regular Session, October 3rd, 1949 is directed to issue such permit on behalf of said City. Edward R. Laury, 813 Main Street. Frank A. Blaser, Jr., 1961 Cen- tral Avenue. LeRoy B. and Frances A. Bolen- der, 422 Main Street. Kenneth Meisenburg, 2500 Cen• tral Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 3rd day of October, 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 Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Resolution No. 290-49 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 Council of the City of Dubuque that the fol• lowing applications be granted and the licenses are to be issued upon the comp]iance with the terms of the ordinances of this City. CLASS "B" PERMIT, Richard M. Chapman, 53 West 12th Street. Frank A. Blaser, Jr., 1961 Central Avenue. Eugene P. McCann, 802 Iowa Street. John J. Hickey, 55 Locust Street. John Grutz and Clara Grutz, 2991 Central Avenue. Jahn E. Noel and June M. Noel, 2400 Central Avenue. Phillip Mihalakis, 798 East 16th Street. Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street. Al. Rogan, 400 Iowa Street. CLASS "B" PERMIT FOR PRIVATE CLUB Hawkeye Glub of Dubuque, Iowa, 1348 Central Avenue. D.A.V. Club of Dubuque, Inc., 951 Main Street. CLASS "C" PERMIT. The Great Atlantic & Pacific Tea Co., 13th and Iowa Streets. Joseph J. Siege, Jr., and Ferdi- nand W. Kenniker, 2401 Windsor Avenue. Merlin Apel, 1195 Dodge Street. Passed, adopted and approved this 3rd day of October, 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. Second• ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Resolution No. 291-49 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected sad found to com• ply with the ordinance 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 directed to issue to the following named ap• plicants a Beer Permit. CLASS "B" PERMIT Richard M. Chapman, 53 West 12th Street. Frank A. Blaser, Jr., 1961 Cen- tral Avenue, Eugene P. McGann, 802 Iowa Street, Jahn J. Hickey, 55 Locust Street, John Grutz and Clara Grutz, 2991 Central Avenue. John E. Noel and June M. Noel, 2400 Central Avenue. Phillip Mihalakis, 798 East 16th Street. 546 Regular Session, October 3rd, Ig49 Joseph A. I{rawer and Louis P. O'Connor, 55 East 7th Street. Al. Rogan, 400 Iowa Street. CLASS "B" PERMIT FOR PRIVATE CLUB Hawkeye Club of Dubuque, Iowa, 1345 Central Avenue. D. A. V. Club of Dubuque, Iowa, 951 Main Street. CLASS "C" PERMIT The Great Atlantic & Pacific Tea Co., 13th and Iowa Streets, Joseph J, Siege, Jr. and Ferdi- nand W. Kenniker, 2401 Windsor Avenue. Merlin Apel, 1195 Dodge 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 3rd day of October, 1949. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELU, Councilman. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man Welu. Nays-None. There being no further business Councilman Van Duelman moved to adjourn, Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. J, J. SHEA, City Clerk. Approved ................................ 1950 Adopted .................................... 1950 Councilmen: j .................................. 1 Attest : ........................................... City Clerk. Special Session, October I~th, 1949 547 City Council (Official) Special Session, October 17th, 1949. Council met at 7:30 P. M. Present-Mayor Wharton, Coun- cilmen Rosso, Thompson, Van Duel- man, Welu, City Manager Rhom- berg. Meeting called by order of Coun• cilmen Russo and Welu. Mayor Wharton read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of conducting a public hearing on the notice of levy of special assess- ments and intention of the City Council to issue bonds for the im- provement. of Weat Third Street and also for the construction of a sanitary sewer in Dillon Street and acting on any other business as may properly come before a regu- lar meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and inten- tion of the City Council to issue bonds for the construction of an eight (8) inch vitrified file sanitary sewer in Dillon Street beginning at the existing manhole in State Street (being 292 feet south of the centerline of Curtis Street) and running westerly on or about the centerline of the alley first south of Curtis Street far 391 feet to manhole 2 at the center of Dillon Street; thence southerly along the centerline of Dillon Street for 457 Feet to the terminal point, present- ed and read, Councilman Van Duelman moved that the proofs of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS Resolution No. 292-49 Resolved by the City Council of the City of Dubuque: That to pay 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 cen- terline of Curtis Street) and run- ning westerly on or about the cen- terline of the alley first south of Curtis Street for 391 feet to man• hole No. 2 at the center of Dillon Street; thence southerly along the centerline of Dillon Street for 457 feet to the terminal point, Thomas Flynn Coal Company, contractor, in front of and adjoining the same, a special .tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate as follows: Irma Wallis, Lot 1, Grand- view Heights Addition........$198.67 Irma Wallis, Lot 2, Grand- view Heights Addition........ 198.67 Irma Wallis, Lot 3, Grand- view Heights Addition........ 198.67 Irma Wallis, Lot 4, Grand- view Heights Addition........ 198.07 Irma Wallis, Lot 5, Grand- view Heights Addition........ 198.07 Irma Wallis, Lot 6, Grand- view Heights Addition........ 198.67 Irma Wallis, Lot 7, Grand- view Heights Addition........ 259.07 Chas. T. and Josephine Landon, Lot 43, Grandview Ave. Add. .... ........................ 131.12 Anthony W. and Wilma Ken- yon, Lot 44, Grandview Ave. Add ............................... 198.67 John A. Henschel, Jr., Lot 45, Grandview Ave. Add..... 198.07 Irma W. Wallis, Lot 46, Grandview Ave. Add........... 198.67 Irma W. Wallis, Lot 47, Grandview Ave. Add........... 198.67 Irma W. Wallis, Lot 48, Grandview Ave. Add,.......... 198.67 Irma W. Wallis, Lot 49, Grandview Ave. Add........... 198.67 Chas, W. Abitz Est., Lot 50, Grandview Ave. Add......... 329.00 Chas. W. Abitz Est., Lot 51, Grandview Ave. Add......... 548.71 James A. and Naomi Mea- dor, Lot 53, Grandview Ave. Add .....:......................... 198.67 Total ................................... $3,850.61 850.4 lin. ft. 8 inch vitrified AIAe at $3.00 ......................$2,551.20 17 each 8 inch by 6 inch V, T. P. "Y" Branches at $ 0.00 .................................... 102.00 54g Special Session, October 17th, 1949 4 each concrete manholes at $250.00 ............................... 1,000.00 12 sq, yds. remove and re- place asphalt pavement at $6.00 .................................... 72.00 Total .................................. $ 3,725.20 Extra expense at 2~%.... 93.13 6% interest for 52 days.... 32.28 Total ..................................$3, 860,61 All of which is assessed in pro• portion to the special benefits con- ferred. Passed, adopted and approved this 17th day of October, 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 Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu, Nays-None, Proofs of publication, certified to by the publishers, of the notice of the intention of the City Council to issue improvement bonds in the amount of $3,850.61 for the purpose of paying the cost of the construc• lion of an eight (8) inch vitrified sanitary sewer in Dillon Street be- ginning at the existing manhole in State Street (being 292 feet South of the centerline of Curtis Street) and running westerly on or about the centerline of the alley lot South of Curtis Street for 391 feet to M. H. No. 2 at the center oY Dil• lon, thence southerly along the cen- terline of Dillon Street for 457 feet to the terminal point, presented and read. Councilman Welu moved that the proofs of publication be received and filed. Seconded by Council• man Russo. Carried by the fol• lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None, Special Session, October lath, 1949 (Resolution providing for the is• suance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA Resolution No, 293--49 Whereas, the contract heretofore entered into by the City of Dubuque for the construction of the Dillon Street sanitary sewer hereinafter described, has been completed and said improvement has been accept- ed by the City Council of said City and the City Engineer has com- puted the cost and expense there- of to be $3,850.61. And Whereas, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cast of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: Now, Therefore, Be It Resolved by the City Ccuncil of the City of Dubuque that to provide for the cost of the construction of an eight (8) inch vitrified sanitary sewer in Dillon Street beginning at the exist- ing manhole in State Street (be- ing 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 M. H. No. 2 at the center of Dillon, thence southerly along the center line of Dillon Street for 457 feet to the terminal point, there be issued sew- er bonds to the amount of $3,650.61. Said bonds shall be issued un- der the provisions of Chapter 396 of the Cade of Iowa, 1946; shall bear the date of the 16th day of November, 1949, shall be in de• nominations of $300.00, except that there shall be one bond to the. amount of $250.61. They shall be numbered from 4206 to 4218 inclu- sive and shall be divided into ten series, of which the bond numbered 4206 shall constitute the first ser- ies and shall be payable the first day of April, A. D. 1950, the bond numbered 4207 shall constitute the second series and shall be payable the first day of April, A. D. 1951, the bond numbered 4208 shall con• stitute the third series and shall be payable the first day of April, A .D. 1952, the bond numbered 4209 shall constitute the fourth aer- ies and shall be payable the first day of April, A. D. 1953, the bond numbered 4210 shall constitute the fifth series and shall be payable the first day of April, A. D. 1954, the bond numbered 4211 shall consti- tote the sixth series and shall be payable the first day of April, A. D. 1955, the bond numbered 4212 shall constitute the seventh series and shall be payable the first day of April, A. D. 1956, the bond num• bared 4213 shall constitute the eighth series and shall be pay- able the first day of April, A. D. 1957, the bonds numbered 4214 and 4215 shall constitute the ninth ser• ies and shall be payable the first day of April, A. D. 1958, the bonds ~ numbered 4216, 4217 and 4218 shall constitute the tenth series and shall be payable the first day of April, A. D. 1959. Said bonds shall bear interest at the rate of five per cent per an• nom which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro• ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City k Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No ................. Series Na ................ CITY OF DUBUQUE SEWER BOND k~ The City of Dubuque in the State of Iowa promises to pay as here• inafter mentioned to the bearer hereof, on the first day of April, A. D. 19.,... ; or any time before p; that day at the option of the City, ~,; the sum oY ....................Hundred Dol- lars, with interest thereon at the n ' rate of five per cent per annum, ~,: payable on the presentation and surrender of the interest coupons hereto attached, both interest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by vir- t~e of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the - 17th day of October, 1949. This bond is one of a series of 13 bonds, 12 for $300.00 numbered 4206 to 4217 inclusive, and one for $250.61 numbered 4218, all of like tenor and date, and issued for the pur- pose of the construction of an eight (8) inch vitrified the sanitary sew• er 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 center of Dillon, thence southerly along the center line of Dillon Street far 457 feet to the terminal point, and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred payments at the rate of five per cent per annum, and this bond is payable only out of the money derived from the collection, of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things re- quired to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regulat and due form as required by said law and resolution; and for the assess- ments, collections and payment hereon of said special tax, the faith and diligence of said City of Du- buque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 16th day of No- vember, 1949, and has authorized the wse of their fac-simile signa- ture to the interest coupons here- to attached. Mayor. City Clerk. Countersigned (Seal) (FORM OF COUPON) On the ........ day of ....................... A. D. 19....,, the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum 55o Special Session, October 17th, 1949 of ..................................Dollars, at the office of the City Treasurer in the Ctty of Dubuque, being........months interest due that day on its .............. Bond No........., dated ......................... Mayor. City Clerk, Countersigned Be It Further Resolved, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. Be It Further Resolved, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known at Improvement Fund. Be It Further Resolved, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and coun• tersigned with the fac-simile sig• nature of the City Clerk, Be it Further Resolved, that as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 17th day of October, 1949. Approved: ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLABENCE P, WELII, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sea onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welv. Nays-None. State of Iowa ~ SS County of Dubuque f I, R, J. Gallagher, do hereby certify that on September 27, 1949, 1 pasted copies of the attached No- tice of Levy of Special Assess• went and Intention of the City Council to Issue Bands along the line of improvement for the con• struction of an eight (8) inch vitrified file sanitary sewer in Dil• lon Street beginning at the exist- ing manhole in State Street (be- ing 292 feet south of the center line of Curtis Street) and running westerly on or about the center line of the alley first south of Cur• tia Street for 391 feet to manhole No. 2 at the center of Dillon Street, thence southerly along the center line of Dillon Street for 457 feet to the terminal point. Signed: R, J. GALLAGHER. Subscribed and sworn to before me Jahn J. Shea, a Notary Public this 27th day of September, 1949. JOHN J. SHEA, (Seal) Notary Public in and for Dubuque County, Iowa Councilman Russo moved that the statement be received and made a matter of record. Second- ed by Councilman Weln. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and in• tendon of the City Council to issue bonds for the improvement of West Third Street from the.east property line of Algona Street to the west property line of Grandview Avenue, presented and read. Councilman Thompson moved that the proofs of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duei• man, Welu. Nays-None. Gity of Dubuque, Iowa SCHEDULE OF ASSESSMENTS Resolution Na. 29419 Resolved by the City Council of the City of Dubuque; That to pay far the improving of West Third Special Session, October 17th, 1949 551 Street from the east property line of Algona Street to the west pro• perty line of Grandview Avenue, Thomas Flynn Coal Company, con• tractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situ- ated and owned, and for the several amounts set opposite each lot or parcel of real estate as follows: V. R, and Harriet Stamps, Lot 3, Datisman Sub,...........$108.51 Pearl Schepple, Lot 4, Datis- man Sub ............................... 246.12 Frank J. and Lucille Suess, Lot 5, Datisman Sub......... 162.86 John and Florence Grice, Lot 6, Datisman Sub ................... 162.86 Leroy and Ruby Hochberger, Lot 7, Datisman Sub......... 217.12 Alexander and Rosalina C. Smith, Lot 1, Quigley Sub, Part of 6.7.8-9 ...................... 153.06 Alexander and Rosalina C. Smith, Lot 2, Quigley Sub. 135.70 Alexander and Rosanna C. Smith, Lot 3, Quigley Sub. 153.06 Alexander and Rosalina C. Smith, Lot 4, Quigley Sub., E. 241/z ft ................................. 00.50 Charles H, and Inez L. Klaus, Lot 4, Quigley Sub., W. 24~/a ft ............................... 83.86 Charles- H, and Inez L. Klaus, Lot 5, Quigley Sub... 133.00 Anthony W. and Clara Neu- woehner, Lot 6, Quigley Sub ......................................... 135.70 Anthony W. and Clara Neu- woehner, Lot 7, Quigley Snb . ........................................ 135.70 Stephen Bennett, Lot 6, Quigley Sub ......................... 245.08 Ralph J, and Marie E, Eli- wanger, Lot 10 Davis Sub. 131.70 Ralph J. and Marie E. E11- wanger, Lot 2, Davis Sub„ Sub. 11 .................................. 32.91 Harold A. and Doris M. Nachtman, Lot 1, Davis Snb., Sub, li ...................... 98.58 Harold A. and Doris M. Nachtman, Lot 2, Davis Sub., 12 .................................. 65.64 Eugene A, and Mabel J. Gif- ford, Lat 1, Davis Sub., Sub. 12 ................................. 65.56 Eugene A. and Mabel J. Gif- ford, Lot 1, D&919 Sub., Sub. 13 .................................. 98.21 Eugene A, and Mabel J. Gif- ford, Lot 2, Davis ,Sub., Sub, 13 .................................. 50.06 Ray Sehwaegler, Lot 14, Da- vis Sub . ................................ 130.04 Mettel Realty and Invest- ment Co., Lot 15, Davis Sub . ..........:............................. 129.fi4 Emil J. and Vera Kamm, Lot 16, Davis Sub ............. 129.23 Clara E. and Margaret Con- ners, N. 1.3 Davis Sub., Sub, 17 and 18 ................. 37.78 Dubuque Bldg. & Loan Assn., M, 1.3 Davis Sub., Sub. 17 and 18 ............................ 02.28 Samuel and Abigail T, Jen• nie„ S. 1.3 Davis Sub., Sub. 17 and 18 ...................... 157.83 Clarence A, and Florence Strub, Lot 1, Ann O'Hare's Sub,, Sub. 1-1.1-1-1-24........ 237.64 Walter 0, and Eleanor Mil- ler, Lot 2, Ann O'Hare's Sub., Sub. 1-1.1.1.1.24.......... 200.84 Arthur and Mildred Wither- all, Lot 25, Ann O'Hare's Sub., W. 107 ft.-S. 192 #t.-S. 201 ft ......................... 432.96 Wm. J. Nesler, Lot 1, Ann O'Hare's Sub., Sub. 30........ 175.76 Mettel Realty & Inv. Co., Lot 2, Ann O'Hare's Sub., Sub. 1-2-30 .......................... 234.28 Mettel Realty & Inv. Co., Lot 1, Ann O'Hare's Sub, Sub, 1.2.30 .............................. 381.61 Adam P. Zengle, Lot 9, Hodges Sub. No. 2............ 189.68 Ralph J. and Eliz, Brock- man, Lot 10, Hodges Sub. No. 2 ...................................... 226.54 Charles N, and Gloria Skemp, Lot 11, Hodges Sub. No. 2 ............................. 127.53 Charles N. and Gloria Kemp, Lat 12, Hodges Sub. No. 2 ........................................ 127.91 Edw, E. and Opal Krumbach, Lot 13, Hodges Sub. No. 2 153.09 Edw. E, and Opal Krumbach, Lot 14, Hodges Sub. No. 2 128.66 Bernice Rooney, Lot 15, Hodges Sub, No. 2 ................ 129.04 Marie Rooney, Lot 16, Hodg- es Sub. No, 2 ...................... 129,41 A. M. Kaehr, Lot 17, Hodges Sub. Na. 2 .......................... 325.29 Merlin E, and Esther Schieltz, Lot 18, Hodges Sub. No. 2 ............................. 164.03 Wilbur E, and Helen S. Scantlebury, Lot 19, Hodg- es Sub. No. 2 ........................ 164.03 Wilbur E. and Helen S. Scantlebury, Lot 20, Hodg• es Sub. No. 2 .......................... 146.66 852 Special Session, October lath, 1949 Ray Faust, Lot 21, Hodges Sub. No. 2 ............................ 146.66 Ray Faust, Lot 22, Hodges Sub. No. 2 .............................. 146.66 Edw. E. and Opal Krumbach, Lot 23, Hodges Sub. No. 2.. 146.65 Frederick W. and Mary Jane Hantelman, Sub. 24, Hodg- es Sub. No. 2 ...................... 146.65 Donald M, and Lillian Bech- en, Lot 25, Hodges Sub, No. 2 .................................... 146.65 Minnie E. French, Lot 2, Quigley Sub., Sub, 1........ 89.04 City of Dubuqua, Unde- scribed 23.94 ft. (West of Lot 9 of Hodges SubJ,... 75.12 Total ...........................:....... $7900.97 2,481 lie, ft. of combination curb and gutter at $2.65.$6,574.65 76.6 lie, ft. radius curb and gutter at $2.65 .................. 202.99 39.0 sq, yds, driveway con- crete at $6.00 ...................... 234,00 44 ]in. ft. 15 in. vitrified tale pipe at $3.00 ........................ 132.00 2 each catch basins at $250.00 ................................ 500.00 Total ....................................$7,643.64 Extra expense at 2~%..... 191.09 61/z interest for 52 days.... 66.24 Total .................................... $ 7, 900.9 7 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 17th day of October, 1949. ALBERT WHARTON, Mayor. F, W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N, RUSSO, CLARENCE P. WELU, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds in the amount of $7,900.97 for the purpose of paying the cost of the improve- went of West Third Street from the east property line of Algona Street to the west property line of Grandview Avenue, presented and read. Councilman Russo moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu, Nays-None. (Resolution Providing for the Is seance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA Resolution No. 295-49 WHEREAS, the contract hereto• fore entered into by the City of Dubuque for the improvement of West Third Street hereinafter de• scribed, has been completed and said improvement has been accept- ed by the City Council of safd City and the City Engineer has comput- ed the cost and expense thereof to be $7,900.97 AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant .thereto, and all objections filed thereto have been considered and determined: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that to provide for the cost of the improvement of West Third Street from the S.P.U, of Algona Street to the W.P.L. of Grandview Avenue there be issued improvement bonds to the amount of $7,900.97. Said bonds shall be issued ender the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 16th day of November, 1949, shall be in denominations of $500.00, ex- cept that there shall be on bond to the amount of 400.97. They shall be numbered from 4219 to 4234 in- clusive and shall be divided into ten series, of which the bond num- bered 4219 shall constitute the first series and shall be payable the first day of April, A.D. 1950, the bond numbered 4220 shall consti- Special Session, October 17th, 1949 553 tute the second series and shall be payable the first dray of April, A. D. 1961, the bond numbered 4221 shall constitute the third series and shall be payable the first day of April, A.D. 1952, the bond num- bered 4222 shall constitute the 4th series and shall be payable the first day of April, A.D. 1953, the bonds numbered 4223 and 4224 shall constitute the fifth series and shall be payable the first day of April, A.D. 1954, the bands num- bered 4225 and 4226 shall consti- tute the sixth series and shall be payable the first day of April, A.D. 1965, the bonds numbered 4227 and 4228 shall constitute the seventh series and shall be pay- able the first day of April, A.D. 1956, the bonds numbered 4229 a.nd 4230 shall constitute the eighth series and shall be payable the first day of April, A.D. 1957, the bonds numbered 4231 and 4232 ,shall constitute the ninth series and shall be payable the first day of April, A.D. 1958, the bonds num- bered' 4233 and 4234 shall consti- tute the tenth series and shall be payable the first day of April, A.D, 1952. Said bonds shall bear interest at the rate of five per cent, per annum which interest shall be payable semiannually, in accord- ance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied far said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of April, A.D. 19,.... ; or any time before that date at the option of the City, the sum of ............... hundred dollars. with interest thereon at the rate of five per cent, per annum, pay- able on the presentation and sea render of the interest coupons hereto attached, bath interest and principal pare payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 311 of the Code of Iowa, 1946, and in accordance with a resolution of the City Coun- cil of said City, duly passed on the 17th day of October, 1949. This bond is one of a series of 16 bands, 15 for $500 numbered from 4219 to 4233 inclusive, and one for $400.97 numbered 4234, all of like tenor and date, and issued for the purpose of the improvement of West Third Street from the E.P.L. of Algona Street to the W.P.L, of Grandview avenue and described in said resolution; which coat is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten an- nual installments, with interest on all deferred payments at the rate of five per cent, per annum, and this bond is payable only out of the money derived from the collec- tion of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and perform• ed in regular and due form as re- quired by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby ir- revocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 16th dray Novem- ber, 1949, and has authorized the use of their fac-simile signature to the interest coupons hereto at- tached. Mayor City Clerk Countersigned (Seal) (Farm of Coupon) On the ............ day of .................... A,D. 19......., the Gity of Du- buque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of ......................... dollars, 554 Special Session, October 17th, 1849 at the office of the City Treasurer in the City of Dubuque, being.......... months interest due that day on its ........................................ Bond No. dated ................................. Mayor City Clerk Be It Further Resolved, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him far that purpose, and to then deliver them to the City Treasnr er who will also register them in a book to be kept by him for that purpose. Be It Further Resolved, that the City Treasurer be and be is here- by instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. Be It Further Resolved, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and coun- tersigned with the fac-simile sig- nature of the City Clerk. Be It Farther Resolved, that ae fast ae funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 17th day of Octo- ber, 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, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. State of Iowa j SS. County of Dubuque f I, R. J, Gallagher, do hereby cer- tify that on September 27, 1949, I posted copies of the attached No- tice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line of improvement for the improving of West Third Street from the east property line of Algona Street to the west property line of Grand- view Avenue. .Signed. R. J. Gallagher Subscribed and sworn to before me John J. Shea, a Notary Public this 27th day of September, 1949. JOHN J. SHEA, Notary Public in and Por Dubuque County, Iowa. (Seal) Councilman Russo moved that the Statement be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of a public hearing upon the question of rezoning from "Two Family Classification" to "Multiple Fam- ily Classification" the entire block between Rhomberg Avenue and Garfield Avenue to the West and East respectively and Stanton Street and Shiras Avenue along the South and North respectively, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council• men Rnsao, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No. 37-49 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" ao as to change certain property hereinafter described from "Two Family Classifioation" to "Multiple Family Classification," presented and read. Special Session, October 17th, 1949 55S Councilman Thompson moved that the reading just had be con- sidered the first reading oP the or- dinance. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- man Russo, Thompson, Van Duel- man, Weiu. Nays-None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Southern Avenue (east side) from the end of the existing curb located ap- proximately 60 feet south of the centerline of Dunleith Street to a point 600 feet south, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Gouncil• men 'Russo, Thompson, Van Duel- man, Welu. Nays-None. October 17, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived until 10 a.m. October 17, 1949 for the improvement of South- ern Avenue on its east side from the end of the existing curb locat- ed 50 feet southerly of the center line of Dunleith Street to a point 000 feet south of such point. Three bids were received as are shown on the attached tabulatioa. I recommend that the contract for the above work be awarded to Peterson Brothers of Garnavillo, Iowa, whose bid was the lowest and best received. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Russo moved that the recommendation of City Man- alter Rhomberg be approved. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. (Awarding Contract) Resolution No. 296-49 Whereas, proposals have been submitted by contractors for the improvement of Southern Avenue (east side) from the end of the existing curb located approximate• ly 50 feet south of the centerline of Dunleith Street to a point 600 feet south pursuant to Resolution No. 279-49 and Peterson Bros., Garnavillo, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and ma• terials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the Citp Coun- cil of the City of Dubuque that tha contract for the above mentioned improvement be awarded to Peter- son Bros., Garnavillo, Iowa and the Manager be and be is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed an file for one week on October 17, 1949. Councilman Russo moved that the resolution be approved and placed on file for one week. Seo• onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Gouncil- men Russo, Thompson, Van Duel- man, Welu. Nays-None. 556 Special Session, October 17th, 1949 October 14, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the objections made by different parties to the proposed special as• sessment of the Bradley Street Sewer, I recommend that all of said objections be overruled. With reference to the objections filed by the Dubuque Golf Club, it appears that the assessments are in excess of 25% of the actual val- ue of the real estate, as fixed by the Council. It .is 'Provided by the 1946 Code of Iowa as follows: "391.48 Assessment -rate, When any city council levies any special assessment for any public improve- ment against any lot, such special assessment shall be in proportion to the special benefits conferred upon the property thereby and not in excess of such benefits. Such assessment s h a 11 not exceed twenty-five percent of the actual value of the lot at the time of levy, and the last preceding assessment roll shall be taken as prima facie evidence of such value." I recommend that if the Dubuque Golf Cluh pay its assessment on this project to the extent of 25% of the actual value fixed by the Council on its real estate, that the same be accepted as full payment by said Club, and that the balance of said assessment be paid from the general fund of the City of Du- buque. Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Gity of Dubuque, Iowa SCHEDULE OF ASSESSMENTS Resolution No, 297-49 Resolved by the City Council oY the City oP Dubuque: That to pay for the construction of sanitary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimited by Or• dinance No. 23-48, The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main for the Bradley Street Sewer District. The eight (8) inch sewer line begins at the lift station lo- cated on the center line of the al- ley first south of Bradley Street 227 feet westerly of the west line of Henderson Street and proceeds easterly along the center line of said alley to a point opposite the line between lots numbered 14 and 15 of Block 9 of Grandview Fark; also an eight (8) inch sanitary sewer beginning aC said lift station and proceeding northerly across lot number 6 of Block 10 of Grand- view Park along a line five feet westerly from and parallel to the easterly line of said lot to manhole number 4 at the center of Bradley Street; thence westerly along the center line of Bradley Street to a point opposite the center line of lot 47 of Grandview Place; also an eight (8) inch sanitary sewer from manhole number 4 northerly a dis• lance of 16 feet; thence easterly in Bradley Street along a line 9 northerly line of Bradley Street to Peet south of and parallel to the a point opposite the line between lots numbered 22 and 23 of Block 3 of Grandview Park. The six (6} inch cast iron force main begins at the lift station and proceeds easterly along the alley first south of Bradley Street to a point in Henderson Street 15 feet west of the east line of said street; thence northerly in Henderson Street to the existing sanitary sewer in Grandview Avenue; also an eight (8) inch vitrified sewer pipe over- flow line begins at said lift station and proceeds in a southerly direc- tion across portions of Iota num- bered 22, 23, 24 and 26 of Block 10 of Grandview Park, across vacated Perry Street and continuing across a portion of lots numbered 8, 9, and 10 of Block 11 of Grandview Park, across the vacated alley be- tween Blocks 11 and 17 of Grand• view Park and continuing across a portion of Black 17 of Grandview Park to its terminal point at a dis- tance of 532 feet from said lift sta• lion. Larson Gonstructicn Company, contractor, in front of and adjoin- ing the same, a special tax be and Special Session, October 17th, 1949 557 is hereby levied on the several lots, and Aarts of lots, and parcels of real estate hereinafter named, sit- uated and owned, and for the sev- eral amounts set opposite each lot or parcel of real estate as fol lows: Lenore Ziepprecht, Lot 3, Block 1, Grandview Park Add., sewer assessment....$ 127.71 Station assessment ............ 60.36 Lenore Ziepprecht, Lot 4, Block 1, Grandview Park Add., sewer assessment ..., 127.71 Station assessment ............ 60.70 ~x~m. N. & Lenore Ziep- precht, Lot 5, Block 1, Grandview Park Add., sew- er assessment - 127.71 Station assessment ........_. 61.03 Wm. N. & Lenore Ziep- precht, Lot 6, Block 1, Grandview Park Add., sew- er assessent .................. 127.71 Station assessment .......... 61.35 Clem J. & Esther McGuire, Lot 1 of 1 Clem McGuire's Place, Sewer assessment 280.96 Station assessment ........... 144.88 Clem J. & Esther McGuire, Lot 2 of 1, Clem McGuire's Place, sewer assessment,. 263.59 Station assessment :........... 132.12 Leroy L, & Gale K. Bradley, Lot 2 of 1, Clem McGuire's Place, sewer assessment . 272.79 Station assessment ....... 136.71 Robert G & Eleanor S. Hol- scher, Lot 1, Block 9, Grandview Park Add., sew- er assessment ... ................ 102.16 Station assessment ........,.. 50.49 Robert G. & Eleanor S. Hol- scher, Lot 2, Block 9, Grandview Park Add., sew- er assessment .................... 127.71 Station assessment .......... 63.11 Robert G. & Eleanor S. Hol- scher, Lot 3, Block 9, Grandview Park Add., sew- er assessment .................... 127.7] Station assessment .,.......... 63.11 Robert G. & Eleanor S. Hol- scher, Lot 4, Block 9, Grandview Park Add., sew- er assessment ...,........_....... 127.71 Station assessment ..,....... 63.11 Gilbert H. Holscher, Lot 5, Block 9, Grandview Fark Add., sewer assessment .. 127.71 Station assessment ........... 63.11 Gilbert H, Holscher, Lot 6, Block 9, Grandview Park Add., sewer assessment 127.71 Station assessment ............ 63.11 Gilbert H. Holscher, Lot 7, Block 9, Grandview Park Add., sewer assessment 127.71 Station assessment ............ 63.11 Gilbert H. Holscher, Lot 8, Block 9, Grandview Park Add., sewer assessment.. Station assessment ............ A. Richard & Maurine J. Braun, Lot 9, Block 9, Grandview Park Add., sew- er assessment .................... Station assessment ............ A. Richard & Maurine J. Braun, Lot 10, Block 9, Grandview Park Add., sew- er assessment ...................... Station assessment ............ Steve Dye, Lot 11, Block 9, Grandview Park Add., sew- er assessment - Station assessment ............ Steve Dye, Lot 12, Block 9, Grandview Park Add., sew- er assessment .................... Station assessment ............ James W. & Helen Beach, Lot 13, Block 9, Grandview Park Add., sewer assess- ment ...................................... Station assessment ............ James W. & Helen Beach, Lot 14, Block 9, Grandview Park Add., sewer assess- ment ...................................... Station assessment ............ James W. & Helen Beach, Lot 15, Block 9, Grandview Park Add., sewer assess- ment ...................................... Station assessment ............ James W. & Helen Beach, Lot 16, Block 9, Grandview Park Add., sewer assess- ment ...................................... Station assessment ............ Ann Ziepprecht, Lot lA, Block 10, Grandview Park Add., Station assessment Ann Ziepprecht, Lot 1, Block 10, Grandview Park Add., Station assessment Ann Ziepprecht, Lot 1, Block 10, Grandview Park Add., Station assessment Ann Ziepprecht, Lot 3, Block 10, Grandview Park Add., sewer assessment .... Station assessment ............ 127.71 63.11 127.71 63.11 127.71 63.11 127.71 63.11 127.71 63.11 127.71 63.11 127.71 63.11 127.71 63.11 127.71 63.11 36.22 31,84 47.19 127.71 56.35 558 Special Session, October lath, 1949 Ann Ziepprecht, Lot 4, Block 10, Grandview Park Add., sewer assessment .... 127.71 Station assessment ............ 66.85 Ann Ziepprecht, Lot 5, Block 10, Gnandview Park Add., sewer assessment .... 127.71 Station assessment .......... 67.36 Ann Ziepprecht, Lot 6, Block 10, Grandview Park Add., sewer assessment .... 127.71 Station assessment ............ 57.84 Ann Ziepprecht, Lot 7, Block 10, Grandview Park Add., sewer assessment .... 127.71 Station assessment ............ 58.33 N. E. & Edna Turnquist, Lot 8, Block I0, Grandview Park Add., sewer assess- ment ...................................... 127.71 Station assessment ............ 58.83 N. E, & Edna Turnquist, Lot 9, Block 10, Grandview Park Add., sewer assess- ment ..................................... 127.71 Station assessment ............ 69.31 Ed & Edna Turnquist, Lot 10, Block 1Q Grandview Park Add., sewer assess- ment ...................................... 127.71 Station assessment ..........,. 59.82 Ed & Edna Turnquist, (N 20'), Lot 11, Block 1Q Grandview Park Add., sew- er assessment .................... 102.16 Station assessment ............ 48.25 Frank T. & Ruth M, Nagele, (S 5'), Lot 11, Block 10, Gnandview Park Add., sew- er assessment .................... 25.54 Station assessment ....,....... 12.05 Frank T. & Ruth M. Nagele, Lot 12, Block 10, Grand- view Park Add., sewer as• sessment .............................. 127.71 Station assesamont ............ 60.82 Frank T. & Ruth M. Nagele, Lot 13, Block 10, Grand- view Park Add., sewer as- sessment ............................. 127.71 Station assessment -......... 61.29 Andrew L & Magdalene Salz, Lot 14, Block 10, Grand- view Park Add., sewer as- sessment .............................. 127.71 Station assessment ............ 61.81 Andrew L. & Magdalene Salz Lot 15, Block 10, Grand- view Park Add., sewer as- sessment .............................. 127.71 Station assessment ............ 63.11 Wm, F. & Belle Appel, Lot Lot 15, Grandview Place, Station assessment .......... 85.90 Wm. F. & Belle Appel, Lot Lat 16, Grandview Place, Station assessment .......... 83.11 Wm. F. & Belle Appel, Lot Lot I7, Grandview Place, Station assessment ............ 124.58 Wm. F. & Belle. Appel, Lot Lot 18, Grandview Place Station assessment .......... 121.61 Frank J. Bieler, Lot 19, Grandview Place, station assessment ............................ 118.21 Dubuque Country Club, Lot 43, Grandview Place, sta- tion assessment ................ 109.77 Dubuque Country Club, Lot 44, Grandview Place, sta- tion assesment .................. 109.77 Florence A. & Henry W. Feye, Lot 45, Grandview Place, station assessment 109.77 Florence A. & Henry W. Feye, Lot 46, Grandview Place, station assessment 98.78 Florence A. & Henry W. Feye, Lot 47, Grandview Place, sewer assessment. 243.6fi Station assessment ............ 113.71 Florence A, & Henry W. Feye, Lot 48, Grandview Place, sewer assessment.. 255.41 Station assessment .~ ~ 109.77 Anne Appel, Lot 49, Grand- view Place, sewer assess- ment ..................................... 255.41 Station assessment .... ... 109.77 Anne Appel, Lot 50, Grand- view Place, sewer assess- ment ...................................... 255.41 Station assessment ............ 109.77 Anne Appel, Lot 51, Grand- view Place, sewer assess- ment ..................................... 255.41 Station assessment ............ 109.77 Anne Appel, Lot 52, Grand- view Place, sewer assess- ment ...................................... 255.41 Station assessment .....,...... 109.77 Clem J. McGuire, Lot 63, Grandview Place, sewer assessment ......................... 464.86 Station assessment .,.......... 109.77 Wm. F. & Belle L. Appel, Lot 15, Whelan's Sub., sewer assessment .......................... 255.41 Station assessment ............ 131.71 Harry & Lillian Phillips, Lot 16, Whelan's Sub., sewer assessment .......................... 255.41 Station assessment ............ 131,71 Special Session, October 17th, 1949 559 Harry & Lillian Phillips, Lot 17, Whelan's Sub., sewer ` assessment .......................... 332.04 Station assessment .........., 171.24 U. S., Jr, & Marie Lewis, Lot 18, Whelan's Sub., sew- ' er assessment ..................._. 255.41 Station asses~~sment ~~.......... 131.71 U. S., Jr. & Marie Lewis, ' Lot 19, Whelan's sub., sew- er assessment ................... 255.41 Station assessment .......,.... 131.71 Gregory N. & Luella A, Gol- lobitz, Lot 2Q, Whelan's ~ Sub., sewer assessment .... 255.41 Station assessment ........ 131.06 ~ Gregory N, & Luella A. Gol- lobitz, Lot 21, Whelan's Sub., sewer as~sesament .... 255.41 Station assessment ............ 129.74 ~ '+ H. J. Hoffman, Lot 22, Whel- an's Sub., sewer assess- went ...................................... 255.41 ~' 7 Station assessment ............ 128.42 ` Frank R. Kerrigan, Lot 21, Block 3, Grandview Park ~~ Add., sewer assessment .. 127.71 "`" Station assessment ........... 58.11 Frank R. Kerrigan, Lot 22, Black 3, Grandview Park Add., sewer assessment .... 127.71 Station assessment .. .~ 57.95 Frank R. Kerrigan, (S.E.5') Lot 23, Block 3, Gnandview 'r Park Add., sewer assess• ., ment 25.54 Sewer assessment .............. 11.55 :_, Donald W. Head, (N.W.20') ~~ Lot 23, Black 3, Grandview Park Add., sewer assess- ' ment ...................................... 102.16 ', Station assessment ...,........ 46.24 Donald W. Head, Lot 24, Block 3, Grandview Park Add., sewer assessment .. 127.70 Station assessment ............ 57.62 '' Donald W. Head, (S.E.15') Lot 25, Block 3, Grandview I: Park Add., sewer assess- ' ment ...................................... 76.62 ~. Station assossment .......... 34.47 Emma L. Heller, (N.W.10') Lat 25, Block 3, Gnandview i Park Add., sewer assess- , went ...................................... 51.09 .; Station assessment ............ 22.96 Emma L. Heller, Lot 26, Block 3, Grandview Park ~~~ Add., sewer assessment .. 127.70 ~- Station assessment ............ 57.29 Emma L. Heller, Lot 27, Block 3, Grandview Park Add., sewer assessment .... 127.70 Station assessment ............ 57.12 Ferri. Jr. & Gladys Nesler, Lot 28, Block 3, Grandview Park Add., sewer assess- ment ................................. 127.70 Station assessment ..,........, 56.98 Ferri. Jr. & Gladys Nesler, Lot 29, Block 3, Gnandview Park Add., sewer assess- ment ................._ ................. 127.70 Station assessment ......._ 56.79 Ferri. Jr. & Gladys Nesler, Lot 30, Block 3, Grandview Park Add., sewer assess- ment .................................... 127.71 Station assessment ..,,....... 56.64 Ferri. Jr. & Gladys Nesler, Lot 31, Block 3, Grandview Park Add., sewer assess- ment ...................................... 127.71 Station assessment ............ 56.48 Ferri. Jr. & Gladys Nesler, Lot 32, Block 3, Grandview Park Add., sewer assess- ment .................................... 127.71 Station assessment ............ 56.31 Ferri. Jr. & Gladys Nesler, Lot 33, Block 3, Grandview Park Add., sewer assess- ment ............... ..................... 127.71 Station assessment .......... 56.13 Geo. B. Collinson, Lot 17, Block 2, Grandview Park Add., sewer assessment .. 127.71 Station assessment ............ 55.99 Geo. B, Collinson, Lot 18, Block 2, Grandview Park Add., sewer assessment .. 127.71 Station assessment ............ 56.24 Geo. B. Collinson, Lot 19, Block 2, Grandview Park Add., sewer assessment .. 127.71 Station assessment ........... 56.52 Frank A. Fluckiger, Lot 20, Block 2, Grandview Park Add., sewer assessment .... 127.71 Station assessment .......... 56.79 Frank A, Fluckiger, Lot 21, Block 2, Grandview Park Add., sewer assessment .... 127.70 Station assessment ............ 57.08 Frank A. Fluckiger, Lot 22, Block 2, Grandview Park Add., sewer assessment .... 127.70 Station assessment .......... 57.35 Frank A. Fluckiger, Lot 23, Block 2, Gnandview Park Add., sewer assessment .... 127.70 Station assessment ....,....... 57.62 Frank A. Fluckiger, Lot 24 Block 2, Grandview Park Add., sewer assessment .... 127.70 Station assessment .......... 57.88 5(~ Special Session, October 17th, 1949 Frank A. Fluckiger, Lot 25, Block 2, Grandview Park Add., sewer assessment .... 1 27.70 Station assessment ............ 58.18 Robert W. &Janaan Beach, Lot 26, Block 2, Grandview Park Add., sewer assess- ment ...................................... 1 27.70 Station assessment ............. 58.44 Robert W. &Janaan Beech, (S.E.5') Lot 27, Block 2, Grandview Park Add., sew- er assessment ................... 25.54 Stationassessment ............ 11.75 Robert W. &Janaan Besch, (N.W. 20') Lot 27, Block 2, Grandview Park Add., sew- er assessment .................... 1 02.16 Station assessment ........... 46.98 Robert W. &Janaan Besch, Lot 28, Block 2, Grandview Park Add., sewer assess- ment 127.70 Station assessment ............... .68.98 Bertram W. & Laura Now• lin, Lot 29, Block 2, Grand- view Park Add., sewer as- sessment 127.70 Station assessment ............ 59.27 Bertram W. & Laura Now- lin, Lot 30, Block 2, Grand- view Park Add., sewer as- .............................. sessment 127.70 Station assessment ............ 59.54 Bertram W. & Laura Now- lin, Lot 31, Block 2, Grand- view Park Add., sewer as- .............................. sessment 127.70 Station assessment .......... 59.82 Bertram W. & Laura Now• tin, Lot 32, Block 2, Grand- view Park Add., sewer as- .............................. sessment 102.16 Station assessment ............ 48.30 Dubuque Country Club, Lot 54, Grandview Place Add., Station assessment .........,. 117.67 Dubuque Country Club, Lot 55, Grandview Place Add., Station assessment ............ 122.27 Dubuque Country Club, Lot 56, Grandview Place Add., Station assessment ........... 119.20 Dubuque Country Club, Lot 67, Grandview Place Add., Station assessment .., ........ 114.37 Dubuque Country Club, Lot 58, Grandview Place Add., Station assessment ....- .. 110.85 Dubuque Country Club, Lot 59, Grandview Place Add., Station assessment ...... • 109.77 llubuque Country Club, Lot 60, Grandview Place Add., Station assessment ............ 109.77 Dubuque Country Club, Lot 61, Grandview Place Add., Station assessment ............ 109.77 Dubuque Country Club, Lot 62, Grandview Place Add., Station assessment • ~ 1 09.77 Dubuque Country Club, Lot 1, Block 8, Grandview Park Add., station assess- ment ...................................... 50.49 Dubuque Country Club, Lot 2, Block 8, Grandview Park Add., station assess- ment ......................:............... 63.11 Dubuque Country Club, Lot 3, Block 8, Grandview Park Add., station assess- ment ...................................... 63.11 Dubuque Country Club, Lot 4, Block S, Grandview Park Add., station assess- ment ...................................... 63.11 Dubuque Country Club, Lot 5, Block 8, Grandview Park Add., station assessment.. 63.11 Dubuque Country Club, Lat 6, Block 8, Grandview Park Add., station assessment.. 63.11 Dubuque Country Club, Lot 7, Block 8, Grandview Park Add., station assessment.. 63.11 Dubuque Country Club, Lot 8, Block 8, Grandview Park Add., station assessment.. 63.11 Dubuque Country Club, Lot 9, Black 8, Grandview Park Add., station assessment.. 63.11 Dubuque Country Club, Lot 10, Block 8, Grandview Park Add., station assess- ment ..................................... 63.11 Dubuque Country Club, Lot 11, Block 8, Grandview Park Add., station assess- ment ...................................... 63.11 Dubuque Country Club, Lod 12, Block 8, Grandview Park Add., station assess- ment ...................................... 63.11 Dubuque Country Club, Lot 13, Black 8, Grandview Park Add., station assess- ment ..................................... 63.11 Dubuque Country Club, Lot 14, Block 8, Grandview Park Add., station assess- ment .................................... 63.11 Dubuque Country Club, Lot 15, Block 8, Grandview Park Add., station assess- ment ...................................... 63.11 Special Session, October 17th, 1949 561 Dubuque Country Club, Lost 16, Block 8, Grandview Park Add., station assess- meut ... .........................:.. Dubuque Country Club, Lat 17, Block 8, Grandview Park Add., station assess- ` ment .................................... Dubuque Country Club, Lod 18, Block 8, Grandview Park Add., station assess- ment .... .......................... ... Dubuque Country Club, Lot 19, Block 8, Grandview Park Add., station assess- went ....,_ ............. .:............. Dubuque Ccuntry Club, Lod 20, Block 8, Grandview Park Add., station assess- : moat ........ ................ ~ Dubuque Country Club, Lod 21, Block 8, Grandview Park Add., station assess- :. ment .................. ... Dubuque Country Club, Lot 22, Block 8, Grandview Park Add., station assess- ' ,; ment .............._....,....,.......... Dubuque Gountry Club, Lot 23, Block 8, Grandview Park Add., station assess- ment ................... ................ Dubuque Country Club, Lod 24, Block 8, Grandview Park Add., station assess- .. meat ......................._.......... Dubuque Country Club, Lot 25, Block 8, Grandview Park Add., station assess- ' ' ment r .,..... Dubuque Country Club, Lot 26, Block 8, Grandview Park Add., station assess- ment .................................... Dubuque Country Club, Lot 27, Block 8, Grandview Park Add., station assess- ment ................................... Dubuque Country Club, Lod 28, Block 8, Grandview Park Add., station assess- '; mart .................................... Dubuque Country Club, Lad 29, Block 8, Grandview Park Add., station assess- ,. mont .............................. ..... Dubuque Country Club, Lod 30, Block 8, Grandview Park Add., station assess- ment ........._ .......................... i Dubuque Country Club, Lod 31, Block 8, Grandview Park Add., station assess- ment ..,..,_ .............................. 63.11 63.11 51.81 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 Dubuque Country Club, Lad 32, Block 8, Grandview Park Add., station assess- ment ....... ................. ............ Dubuque Country Club, Lot 33, Block 8, Grandview Park Add., station assess- ment ...................................... Dubuque Gountry Club, Lod 34, Block 8, Graudview Park Add., station assess- ment ................................... Dubuque Country Club, Lot 17, Block 9, Grandview Park Add., station assess- ment ...................................... Dubuque Country Club, Lot 18, Black 9, Grandview Park Add., station assess- ment ..................................... ~ Dubuque Country Club, Lot 19, Block 9, Grandview Park Add., station assess- ment .................................... Dubuque Country Club, Lot 20, Black 9, Grandview Park Add., station assess- ment ..................................... Dubuque Country Club, Lot 21, Block 9, Grandview Park Add., station assess- ment ...................................... Dubuque Country Club, Lot 22, Block 9 Grandview Park Add., station assess- ment ..................................... Dubuque Country Club, Lot 23, Block 9, Grandview Park Add., station assess- ment ..................................... Dubuque Country Club, Lot 24, Block 9, Grandview Park Add., station assess- ment ...................................... Dubuque Country Club, Lot 25, Block 9, Grandview Park Add., station assess- ment ...................................... Dubuque Country Club, Lot 26, Block 9, Grandview Park Add., station asaess- ment ...................................... Dubuque Country Club, Lot 27, Block 9, Grandview Park Add., station asaess- Dubuque Country Club, Lot 28, Block 9, Grandview Park Add., station asses~~ went ...................................... 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 64.76 562 Special Session, October 17th, 1949 Dubuque Country Club, Lot 29, Block 9, Grandview Park Add., station assess- ment .................................... Dubuque Country Club, Lot 30, Block 9, Grandview Park Add., station assess- ment ..................................... Dubuque Country Club, Lot 31, Black 9, Grandview Park Add., station assess- ment ..........._ ........................ Dubuque Country Club, Lot 32, Block 9, Grandview Park Add., station assess- ment ....................................... Dubuque Country Club, Lot 16, Block 10, Grandview Park Add., station assess- ment Dubuque Country Club, Lot 17, Block 10, Grandview Park Add., station assess- ment ........................................ Dubuque Country Club, Lot 18, Block 10, Grandview Park Add., station assess- ment ........................................ Dubuque Country Club, Lot 19, Block 10, Grandview Park Add., station assess- ment ........................................ Dubuque Country Club, Lot 20, Block 10, Grandview Park Add., station assess- ment ........................................ Dubuque Country Club, Lot 21, Block 10, Grandview Park Add., staticn assess- ment ........................................ Dubuque Country Club, Lot 22, Block 10, Grandview Park Add., station assess- ment ..._ .................................. Dubuque Country Club, Lat 32, Block 10, Grandview Park Add., station assess- ........................... ment - Dubuque Country Club, Lot 24, Block 10, Grandview Park Add., station assess went ..................................... Dubuque Country Club, Lot 25, Block 10, Grandview Park Add., station assess ment ................................... Dubuque Country Club, Lot 20, Block id, Grandviev Park Add., station assess meat .................................... Dubuque Country Club, Lo 27, Block 10, Grandviev Park Add., station asses. mEnt .................................... Dubuque Country Club, Lot 28, Block 10, Grandview Park Add., station assess- 64.70 ment .... 04.77 Dubuque Country Club, Lot 29, Block 10, Grandview Park Add., station assess- 64.76 went ...................................... 64,77 Dubuque Country Club, Lat 30, Block 10, Grandview Park Add., station assess- 04.76 ...................................... ment 64.77 Dubuque Country Club, Lot 31, Block 1Q Grandview Park Add., station assess- 51.81 ..................................... ment 97.16 Dubuque Country Club, Lot 1, Block 10, Grandview 04 76 Park Add., station assess- . ment ...................................... 39.53 Dubuque Country Club, Lot 2, Block 10, Grandview 64.76 Park Add., station assess- ment ...................................... 65.88 Dubuque Country Club, Lot 3, Block 10, Grandview 04.76 Park Add., station assess- ment ...................................... 64.91 Dubuque Country Club, Lot 4, Block 10, Grandview 64.70 park Add., station assess- ment ........................................ 54.91 Total Sewer Assess- 64.75 ment .................................. $12,789.56 Total Station Assess- ment ............................. .$12,500.76 Grand Total ................. .$25,290.32 64.75 S Inch Sewer 2,3041in. ft. 8 in, vitrified the at $3.00 ..................... .$ 6,912.00 04.75 6 each precast conc. manhole under 10 ft. at $378.64 ....................... . 1,893.20 4 each precast Conc. 04.77 manhole over 10 ft, at $ 443.27 .................:.......... .. 1, 773.08 2 each brick or conc. drop manholes at $736. 18 1,472.36 04.77 44 each 8 in, by 6 in. Y brfi~nchea at $3.00........ .. 132.00 130 bd. ft, lumber in place at 30c .................. .. 40.80 64.77 3 cu. yds. conc. for pipe cradles at $30,00.......... .. 90.00 Total ................................ ..$12,313.44 04.77 Extra expense at 3%• 369.40 6% interest for 52 days.. .. 100.72 Total Sewer Assess• 64.77 went ........................... ...$12,789.56 Special Session, October 17th, 1949 5b3 Force Main and Lift Statlon ut $b.57 ...........................$ 4,077.24 X32 lin, ft. 6 in, C. I. pipe 1 each precast cols. man- hole at $284.93 ................ 284.93 30 cn, yds. reinf, concrete, 1 lamp conc. block super- ~structure at 3,071.16,... 3,071.16 1 lump piping, fittings and valves at $1,489.00........ 1,489.06 2 each pumps, motors and controls at $1,286.50........ 2573.00 1 each electrical pump al- ternating system at $270.00 .............................. 270.00 1 lump ventilation system at $270.00 ........................ 270.00 Total ..................................$12,035.39 Extra expense at 3%..•..... 361.06 Interest at 6% for 52 days 104.31 Total Lift Station and Force Main Assess- jment ............................$12,500.75 Total Assessment ............$25,290.32 All of which is assossed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 17th day of October, 1949. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELU Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duei- man, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to is- sue improvement bonds in the amount of $25,290.32 for the pur• pose of paying the cost for the con• etruction of sanitary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimited by Ordinance No. 23- 4$. The improvement shall consist of the construction of an eight (8) inch sanitary sewer,llft station and six (O) inch cast iron force main for the Bradley Street Sewer Dis• trict. The eight (8) inch sewer line begins at the lift station located on the center line of the alley first south of Bradley Street 227 feet westerly of the west line of Hen• Berson Street and proceeds easterly along the center line of said alley to a point opposite the line between lots numbered 14 and 16 of Black 9 of Grandview Park; also an eight (8) inch sanitary sewer beginning at said lift station and proceeding northerly across lot number 6 of Block 10 of Grandview Park along a line five feet westerly from and parallel to the easterly line of said lot to manhole number 4 at the center of Bradley Street; thence westerly along the center line of Bradley Street to a point opposite the center line of Lot 47 of Grand- view Place; also an etght (8) inch sanitary sewer from manhole num- ber 4 northerly a distance of 10 feet; thence easterly in Bradley Street along a line 9 feet south of and parallel to the northerly line of Bradley Street to a paint oppo- site the line between lots numbered 22 and 23 of Block 3 of Grandview Park. The six (0) inch cast iron force main begins at the lift sta- tion and proceeds easterly along the alley first south of Bradley Street to a point in Henderson Street 15 feet west of the east tine of said street; thence northerly in Henderson Street to the existing sanitary sewer fn Grandview Ave- nue; also an eight (8) inch vitrified sewer pipe overflow line begins at said lift station and proceeds is a southerly direction across portions of lots numbered 22, 23, 24 and 25 of Block 10 of Grandview Park, across vacated Perry Street and continunig across a portion of lots numbered 8, 9, and 10 of Block 11 of Grandview Park, across the va- cated alley between Blocks 11 and 17 of Grandview Park and con timing across a portion of Block 17 of Grandview Park to its terminal point at a distance of 532 feet from said lift station presented and read. Councilman Russo moved that the proofs of publication be re- ceived and filed. Seconded by Coun• Gilman Welu. Carried by the fal• lowing vote: Yeas-Mayan Wharton, Councih 56q, Special Session, October lath, men Russo, Thompson, Van Duel- man, Welu. Nays-None. (Resolution Providing for the Issuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA. Resolution No. 298-49 Whereas, the contract heretofore entered into by the City of Du• buque for the construction of sani- tary sewers and appurtenances in what is known as the Bradley Street Sewer District, hereinafter described, has been completed and said improvement has been ac- cepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $26,290.32. And Whereas, public notice as ,provided by law, has been pub• lished by the City Clerk stating the intention of the City Council to is• sue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: Now, Therefore Be It Resolved by the City Council of the City of Dubuque that to provide for the cost of the construction of sanitary sewers and appurtenances in what fe known as the Bradley Street Sewer District as delimited by Or- dinance No. 23-48. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main for the Bradley Street Sewer Dis- trict. The eight (8) inch sewer line begins at the lift station located on the center line of the alley first south of Bradley Street 227 Yeet westerly of the west line oY Hen• Berson Street and proceeds easterly along the center line of said alley to a point opposite the line between lots numbered 14 and 15 of Block 9 of Grandview Park; also an eight (8) inch sanitary sewer beginning at said lift station and proceeding northerly across lot number 6 of Block 10 of Grandview Park along a line ftve feet westerly from and parallel to the easterly line of said lot to manhole number 4 at the center of Bradley Street; thence westerly along the center line of Bradley Street to a point opposite the center line of Lot 47 of Grand- view Place; also an eight (8) inch sanitary sewer from manhole num- ber 4 northerly a distance of 16 feet; thence easterly in Bradley Street along a line 9 feet south of and parallel to the northerly line of Bradley Street to a point oppo• site the line between lots num• bered 22 and 23 of Block 3 of Grand• view Park. The six (6) inch cast iron force main begins at the lift station and proceeds easterly along the alley first south of Bradley Street to a point in Henderson Street 15 feet west of the east line of said street; thence northerly in Henderson Street to the existing sanitary sewer in Grandview Ave- nue; also an eight (S) inch vitrified sewer pipe overflow line begins at said lift station and proceeds in a southerly direction across portions of lots numbered 22, 23, 24 and 25 of Block 10 of Grandview Park, across vacated Perry Street and continuing across a portion of lots numbered 8, 9 and 10 of Black 11 of Grandview Park, across the va- cated alley between Blocks 11 and 17 of Grandview Park and continu- ing across a portion of Block 17 of Grandview Park to its terminal point at a distance of 532 feet from said lift station; there be issued sewer bonds to the amount oY $25,290.32. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 16th day of November, 1949; shall be in denominations of $500.00, except that there shall be one bond to the amount of $290.32. They shall be numbered from 4112 to 4162, inclusive, and shall be di- vided into ten series, of which the bonds numbered 4112 to 4116, in• elusive, shall constitute the first se- ries and shall be payable the first day of April, A. D. 1950; the bonds numbered 4117 to 4121, inclusive, shall constitute the second series and shall be payable the first day of April, A. D. 1951; the bonds numbered 4122 to 4126, inclusive, shall constitute the third series and shall be payable the first day of April, A. D. 1952; the bonds num- bered 4127 to 4131, inclusive, shall constitute the fourth series and Special Session, October 17th, 1949 565 shall be payable the first day of April, A. D. 1953; the bonds num- bered 4132 to 4136, inclusive, shall constitute the fifth series and shall be payable the first day of April, A, D. 1954; the bands numbered 4137 to 4141, inclusive, shall constitute the sixth series and shall be pay- able the first day of April, A, D. 1955; the bonds numbered 4142 to 4146, inclusive, shall constitute the seventh series and shall be payable the first day of April, A. D. 1956; the bonds numbered 4147 to 4151, inclusive, shall constitute the eighth series and shall be payable the first day of April, A. D. 1957; the bonds numbered 4152 to 4156, inclusive shall constitute the ninth series and shall be payable the first day of April, A. D, 1958; the bonds numbered 4157 to 4162, inclusive, shall constitute the tenth series and shall be payable the first day of April, A. D. 1959. Said bonds shall bear interest at the rate of five per cent per an- num, which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment le- vied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque, Said bands shall be substantially in the following farm: Na ........................... Series No ............. CITY OF DUBUQUE SEWER BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A, D. 19 ... , or any time before that date at the option of the City, the sum of HUNDRED DOLLARS, with interest thereon at the rate of five per cent per annum, payable on the presentation and surrender of the interest coupons hereto at- tached, both interest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa, This bond is issued by the City of Dubuque pur• suant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 17th day of October, 1949. This bond is one of a aeries of 51 bonds, 50 for $500.00, number- ed from 4112 to 4161, inclusive, and one for $290.32, numbered 4162, all of like tenor and date, and issued for the purpose of constructing sanitary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimited by Ordinance No. 23-46 and de scribed in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with in- terest on all deferred Payments at the rate of five per cent per an- num, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no oth- er purpose. And it is hereby ce- tified and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and per- formed in regular and due form as required by said ,law and resolu• tton; and for the assessments, col• lections and payment hereon of said special tax, the faith and dili~ gence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City oY Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by-its City Clerk, with the seal of said City affixed this 16th day of No- vember, 1949, and has authorized the use of their fac-simile signature to the interest coupons hereto attached. ..................................... Mayor. ...................................... City Clerk. Countersigned (Seal.) (FORM OF COUPON.) On the ...........day of .......................... A. D. 19.. ,the City of Dubuque, Iowa, promises to pay to the bear- er, as provided in the bond, the sum of ................................Dollars, at the of fice of the City Treasurer in the City of Dubuque, being........months' 566 Special Session, October 17th, 1949 interest due that day on fts .............. Bond No .............. dated........................, 19..... . Countersigned ..................~ayor..... ........................................ City Clerk. State of Iawa 1 as. County of Dubuque J I, Richard H, Le May, do hereby certify that on September 10, 1949, I posted copies of the attached No- tice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the dine of improvement for the construction of sanitary sewers and appurten- ances in what is known as the Bradley Street Sewer District as delimdted by Ordinance No. 23-48. Signed, Richard H. Le May. Subscribed and sworn to before me, John J. Shea, a Notary Public, this 10th day of September, 1949. JOHN J. SHEA, Notary Public in and for Dubuque County, Iowa. (Seal) Be It Further Resolved, that the D>~ayar and City Clerk be and they are hereby instructed to cause said bonds to be prepaed and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds. in a book to be kept by him for that purpose, and to then de• liver them to the City Treasurer who will also register them in a gook to be kept by him for that purpose. Be It Further Resolved, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the pro- ceeds of said sale to be kept in a special fund to be known as Im- provement Fund. Be It Further Resolved, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and coun- tersigned with the fac-simile signa• tore of the City Clerk, Be It Further Resolved, that, as fast as funds allow, beginning with the second year after the payment of interest due, these bodns shall be called and retired in the same order as numbered. Adopted this 17th day oY October, 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 Russo moved the adoption of the resolution. Sec- onded by Counciolman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson move d that the statement be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Ausso, Thompson, Van Duel• man, Welu. Nays-None. October 17, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the meeting of .the Council held October 3, 1949, the petitions of Miss Ilda Bavendick and of Edgar J, and Pearl E. Con- nelly submitting objections to the proposed special assessments against their Properties for the im- provement of Dunleith Street were referred to the Council to view the grounds. The Council having viewed the properties concluded to levy the as- sessments as proposed, but that re- lief be afforded these owners in the form of a 25% adjustment in the amount of their cost. I recom- mend that the decision of the Coun- cil be confirmed by means of the following adjustmenta:- Ilda Bavendick-Lot 2 of Sub. of 2 oflofBoflofloflofM,L.24, Assessment ...................... $367.18 Adjustment ..........................$ 91.80 Net to be Paid .................•..$275.38 LotlofSub.of2oflafBofl of 1 of 1 of M.L. 24, Assessment ............. ........$139.31 Adjustment ..........................$ 34,83 Net to be paid .......:..............$104,48 Special Session, October 17th, 1949 Edgar J. and Pearl E. Connelly- Lot 2 of Sub. of 1 of 1 of B of 1 of 1 of 1 of M.L. 24, Assessment ..........................$892.46 Adjustment ..........................$213.12 Net to be paid_ ....................$679.34 The amount to be paid from the Consolidated Fund of the City is $339.75. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Ddel- man, Welu. Nays-None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS Resolution No. 299-49 Resolved by the City Council of the City of Dubuque: That to pay far the improving of Dunleith Street from the west property line of Southern Avenue to the end, Thomas Flynn Coal Company, con• tractor, in front of and adjoining the same, a special tax be and fs hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, sit- uated and owned, and for the sev- eral amounts set opposite each lot or parcel of real estate as follows: Owner, Lot. Bk. Location. Ass'mt, #~ Milton J. and Millicent Kapp, Lot 1, Dunleith Sub..$449.58 Milton L. and Millicent Kapp, Lot 2, Dunleith Sub,, E. 20 ft ................................. 138.37 Fred W. and Anna Mae ;, Aschenbrenner, Lot 2, Dun- '' Leith Sub., W. 40 ft ............. 276.14 +- Fred W. and Anna Mae, ~ Aschenbrenner, Lot 3, Dun- '~ Leith Sub., E. 50 ft ............... 343.72 Dorothy Mae Taylor, Lot 3, Dunleith Sub., W, 10 ft..... 69.93 Dorothy Mae Taylor, Lot 4, i Dunleith Sub ....................... 410.36 Dorothy Mae Taylor, Lot 5, Dunleith Sub., E. ~,........... 204.34 Milton M. and Louise M. Feller, Lot 5, Dunleith •' Sub., W. ~Z .......................... 204.00 Milton M. and Louise M. ,~ Feller, Lot 6, Dunleith 3 Sub ......................................... 406.40 Harold W. and Gladys M. Lattimer, Lot 7, Dunleith Sub. .._ ................................... 433.76 Edgar J. and Pearl E. Con- nelly, Lot 2, Sub. of 1 of 1 ofBoflofloflofM.L. 24 ..................~......................... 592.46 ilda Bavendick, Lot 2, Sub. of2oflofBofloflof 1 of M.L. 24 ......................... 367.18 Ilda Bavendick, Lot 1, Sub. of2oflofBofloflaf 1 of M.L. 24 ...............~ ......... 139.31 Mary E. and Jos. V, Keppler, Lot 1, Sub. of 2 of J. F. Keppler Place ...................... 670.43 Gertrude J. Wirzbach, Lot 2, Sub. of 2 of J. V. Keppler Place ..................................... 487.88 $5,493.86 665 Lin, Ft. Curb and Gut- ter Type "D" Oa $3.00....$1,995.00 186 Lin. Ft. Curb and Gut- ter Type "D" @ $5.00...... 930.00 38 Lin. Ft. Curb and Gut- ter Type "B" @ $5.00...... 190.00 25 Lin. Ft. Curb and Gut- ter Type "C" @ $5.00...... 125.00 1,265 Sq. Yds. Macadam Base @ $1.00 ..................... 1,265.00 1,265 Sq, Yds. Double Bit. Surface Treat. @ 60c........ 769.00 $5,264.00 Extra Expense @ 3.5%,..... 184.24 Interest 6% for 52 Days,,.. 45.62 $5,493.86 All of which is assessed in pro• portion to the special benefits conferred. Passed, adopted and approved this 17th day of October, 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 Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van DueJ- man, Welu. Nays-None. _.., , 568 Special Session, October Igth, 1949 Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds in the amount of $5,493.86 for the purpose of paying the cost of the improve- ment of Dunleith Street from the west property line of Southern Ave- nue to end, presented and read. Councilman Thompson move d that the proofs of publication be received and filed. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. (Resolution Providing for the Is- auance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA Resolution No. 3009 Whereas, the contract heretofore entered into by the City of Du- buque for the improving of Dun- leith Street hereinafter described, has been completed and said im- provement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $5,493.86 And Whereas, public notice as provided by law, has been published by the City Clerk stating the in- tention of the City Council to is- sue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and al] objections filed thereto have been considered and deter- mined: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that to provide for the cost of -the improvement of Dun- leith Street from the west property line of Southern Ave, to end there be issued improvement bonds to the amount of $5,493.86. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa 1946; shall bear the date of the 16th day of November, 1949, shall be in denominations of $500,00, ex• cept that there shall be one bond to the amount of $493.86. They shall be numbered from 4195 to 4205 in- clusive and shall be divided into ten series, of which the bond num- bered 4195 shall constitute the first series and shall be payable the first day of April, A.D. 1950, the bond numbered 4196 shall consti- tute the second series and shall be payable the first day of April, A.D. 1951, the bond numbered 4197 shall constitute the third series and shall be Aayable the first day of April, A.D. 1952, the bond num- bered 4198 shall constitute the fourth series and shall be payable the first day of April, A. D. 1953, the bond numbered 4199 shall con• atitute the fifth series and shall be payable the first day of April, A.D. 1954, the bond numbered 4200 shall constitute the sixth series and shall be payable the firt day of April, A. D. 1955, the bond num• bered 4201 shall constitute the seventh series and shall be pay- able the first day of April, A. D. 1956, the bond numbered 4202 shall constitute the eighth series and shall be payable the first day of April, A.D. 1957, the bond number ed 4203 shall constitute the ninth series and shall be payable the first day of April, A.D. 1958, the bonds numbered 4204 and 4205 shall constitute the tenth series sand shall be payable the first day of April, A.D. 1959. Said bonds shall bear interest at the rate of five per cent, per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said Bonds shall be substantially in the following form: No ............................... Series No ....................... CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of April, A.D. 19.....; or zany time before that date at the option of the City, the sum of ................... hundred dollars, with interest thereon at the rate of five per cent, per annum, pay- able on the presentation and sur- render of the interest coupons hereto attached, both interest and principal are payable at the office Special Session, October Igth, 1949 569 of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by vir- tue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 17th day of October, 1949. This bond is one of a series of 11 bonds, 10 for $500.00 numbered from 4195 to 4204 inclusive, and one for $493.86 numbered 4206, all of like tenor and date, and issued for the pur- pose of the improvement of Dun- leith Street from the west property line of Southern Ave. to end and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred payments at the rate of five per cent, per annum, and this bond is payable only out of the money derived from the collection of said speeial tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things re- quired to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assess- ments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by 'its City Council has caused this band to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 16th day Novem- ber, 1949, and has authorized the use of their fac-simile signature to the interest coupons hereto attach- ed. Mayor City Clerk Countersigned (Seal) (FOAM OF COUPON) On the .............. day of ............... A.D. 19..,....., the City of Dubuque, Iowa, promises to pay to the bear- er, as provided in the bond, the sum of ...............................Dollars, at ~i the office of the City Treasurer in the City of Dubuque, being .............. months interest due that day on its ...........................Bond No................ , dated .................................... 19....... Mayor ...... City Clerk Countersigned Be It Further Resolved, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then de- liver them to the City Treasurer who will also register them in a book tc be kept by him for that purpose. Be It Further Resolved, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the pro- ceeds of said sale to be kept in a special fund to be known as Im- provement Fund. Be It Further Resolved, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and coun- tersigned with the fac-simile sig- nature of the City Clerk. Be It Further Resolved, that as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 17th day of October, 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 Russo moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. 57o Special Session, October Igth, 1949 State oY Iowa l SS County of Dubuque j I, Richard H. Le May, do hereby certify that on September 10th, 1949, I posted copies of the at- tached Notice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line oP improvement for the improvement of Dunleith Street from the west property line of Southern Avenue to the end, Signed, Richard H. Le May Subscribed and sworn to before me, John J. Shea, a Notary Public this 10th day of September, 1949. JOHN J. SHEA, Notary Public in and for Dubuque County, Iowa (Seal) Councilman Russo moved that the Statement be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Yan Duel- man, Welu. Nays-None. 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 Gbuncil- man Welu. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Attorney William T. Connery, representing Mr. and Mrs, Goorge Kelly, addressed the Council re- questing that a permit be granted to Mr, and Mrs. George Kelly to erect a Lustron steel home on Ava- lon Road. Councilman Welu moved that the Building Commissioner be author- ized to issue a building permit to Mr, and Mrs. George Kelly for the erection of a Lustron steel home on Avalon Road. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Attorney Frank D. Gilloon ad- dresesd the Council submitting ver- bal objection to the proposed re- routing of highways over Second Street from Locust Street to Iowa Street; Iowa Streot to Third Street; Third Street from Iowa to Central Avenue and submitted a plan to re-route the highways Fourth Street to Central Avenue and thence north on Central Av- enue and that the highways hand- ling south bound traffic remain the same as now, also suggesting that Fourth Street from Locust Street to Central Avenue be designated as one-way traffic street, also suggest- ing that Locust Street from Eighth Avenue to Fourth Street be desig- nated as one-way traffic with park- ing on both sides of the street be• ing allowed. Mr. George E, Schumacher, Man- ager of Iowa Oil Company and Mr. R. C. Roberts, Manager of Armour & Co. creameries addressed the Council objecting to the proposed re-routing of highways over Sec- ond Street from Locust Street to Iowa Street and on Iowa Street to Third Street and on Third Street from Iowa Street to Central Av- enue. Attorney .Louis F. Fautsch, rep- resenting the Central Avenue Busi- ness Men addressed the Council, stating the Central Avenue Busi- ness Men heartily approve the pro- posed re-routing of highways over Second Street from Locust Street to Iowa Street, thence North on Iowa Street to Third Street, thence East on Third Street to Central Avenue, thence North on Central Avenue to take care of the North bound traffic and that south bound traffic be returned over the same route as that traveled by North bound traffic. Councilman Welu moved that a Special Meeting of the City Coun- cil be held at 7:30 p.m. on October 24th, 1949 for the purpose of ds- cussing the re-routing of highways and the handling of down town traffic and that all interested par- ties together with the Parking and Intro City Traffic Committee of the Chamber of Commerce be invited to be present at said meeting, Sec- onded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Wharton, Council- Special Session, October Igth, 1949 571 men Rosso, Thompson, Van Duel- man, Welu. Nays-None. Notice of Claim of E. R. Wither- smith in the amount of $13.82 for damages to the coat of his daugh- ter caused in coming into contact with wet paint of city posts on Delhi Street, presented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas- Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None, Notice of Claim of Floyd L. Stall- smith in the amount of $1382 far damages to his car caused from the rocks and roughness of Hodg- _ don Place, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the follow- ir-g vote: Yeas-Mayor Wharton, Council- :` meu Russo, Thompson, Van Duel- :. man, Welu. Nays-None. Original Notice of Suit of Helen Wiedner, Plaintiff va. City of Du- buque, Defendant in the amount of $1,500.00 and costs for damages caused in a fall on a large snow - covered depression located at the intersection of Glen Oak Street and University Avenue, presented and read. Councilman Thompson moved that the Original Notice of Suit be referred to the City Solicitor. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Wharton, Council- - man Russo, Thompson, Van Duel- man, Welu. Nays-None. Communication of Geo. B. Davis, Secretary Plumbers Local No. 06, advising that the Local is very much interested in the dispositien of the proposed water softening plant for which plans and specifi- cations have already been drawn and suggesting that some definite action be taken on this matter now, presented and read. Councilman Thompson moved that the communication be referred to the Council, Seconded by Coun- cilman Van Duelman, Carried by the following vote: Yeas-Mayor Wharton, Catincil- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Communication of the United States Conference of Mayors ad- vising that the 1960 Annual Con- ference of Mayors will be held in New York City sometime after the first of the year, presented and read. Councilman Van Duelman moved that the communication be referred to the Mayor for consideration. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu, Nays-None, Petitions of Mrs. Al Haas and others, voters of the City of Du- buque, asking that they be placed on record as protesting the modi- fication of the Master Plan pro posed by the Planning and Zoning Commission, which involves the location of a new highway across the property of Clarke College, presented and read. Councilman Russo moved that the petitions be referred to the Planning and Zoning Commission. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Communication of Loras College, by Rt, Rev. Msgr. S. D. Luby, with reference to the proposed extension of Grandview Avenue through the grounds of two large educational institutions, when other routes are available, and stating that Loras College feels that the Planning and Zoning Commission should give very serious consideration to this part of the Grandview extension project and find a solution in the use of other available routes which would natjeopardise the efficiency, safety and future of existing school facilities, presented and read. Councilman Russo moved that the communication be referred to the Planning and Zoning Commis- - ' 72 Special Session, October 17th, 1949 sion. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council-, men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Vird and Dolores Clary, requesting a refund in the amount of $150.00 on the unexpired portion of their Class "B" Beer Permit No. 76, as they have dis- continued business on October 1, 1949, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Vird and Dolores Clary to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No, 76. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petftion of the Hughes Ofl Com- pany requesting permission to in- stall an additional 500,000 gallon tank within the diked area at the south end o4 their terminal for the storage of Ethyl gasoline, pre- sented and road. Councilman Russo moved that, the petition be referred to the Council to view the grounds in company with the Fire Chief and Building Commissicner. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Katie A. Miller, re- ferred bo the City Council by the Board of Supervisors, requesting suspension of the 1948 tax on the South 8 feet of Lot 9 and all of Lot 10 Johnston's Sub., presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None, Petition of Leo A, Schwind Post No. 508, Veterans of Foreign Wars, making application for the waiving of any and all fees or licenses re- quired by the City for the sponsor- ing of anannual magazine sub- scription sale, presented and read. Councilman Russo moved that the petition be referred to the City Manager to confer with the Vet- erans of Foreign Wars for the pur- pose of working out a solution to the request and to submit a report and recommendation back to the City Council. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, R'elu, Nay s-None. Petition of Matt Fonck and oth- ers requesting the installation of a street light at the corner of Green and Algona Streets, presented and rear. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None, Petition of Mrs. John A. Palmer and others requesting the instslla- tien of a street light at the corner of Rosedale and Algona Street, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. October 15, 1949 Mr. Al Wharton, Mayor; and Members of the City Council, of the City of Dubuque, Iowa Honorable Sirs: With reference to the communication of E. D. Regad, Colonel, Ord. Depot, Savan- na, Illinois, for establishing a mu- tual assitsance agreement for fire protection between the City of Du- buque and the Savanna Ordinance Depot, I respectfully recommend that the petition be denied at this time. Special Session, October 17th, 1949 573 I do not believe, that the benefits gained, would off set the risk in- volved, because the distance be- tween the two Fire Departments is too great. It is my opinion, that, the Dubuque Fire Department is not in position to agree to addi- tional outside of city contracts for fire protection, due to the limited number of engines in the Dubuque Fire Department. Respectfully ydurs, THOS. C. HICKSON, Chief of Fire Department Councilman Van Duelman moved that the recommendation of Fire Chief Hickson be approved. Second- ed by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man Welu. Nays-None. October 17, 1949 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: Attached is an ease- ment for laying water main through Lots 16 and 24 in Beutin's Sub- division located at Eagle and Lind• berg Terrace. When this subdivision is com- pleted, it will be necessary to lay a water main through about 150 feet of privately owned property. It is therefore neces~asry that we obtain this easement before any of the work is started. Yours very truly, CITY WATER DEPARTMENT, J. J. HAIL, Superintendent Councilman Thompson moved that the communication of Water Superintendent Hail together with = the easement be received and made ~~ a matter of record and also that the easement be recorded with the County Recorder. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. ~ GRANT AND EASEMENT , ' Know all men by these presents: ~; That in consideration of $1.00 in ~- hand paid by City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknow- ledged, the undersigned being the owner of Lot 16 and Lot 24 in Beutin's Sub. in the Cfty of Du- buque, hereby grants and conveys to said City of Dubuque a perpetual right of easement, in and over said Lots For the purpose of installing a water service line approximately 6 feet deep with the right to go upon said premises at all reason- able times for Che purpose of re- pairing the same where 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 water service line to as good condition as it was in be- fore the same was disturbed. This Grant -of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. Morris Max Blum State of Iowa j SS County of Dubuque J Be it remembered that on this 15th day of October, 1949, personal- ly appeared before me, a Notary Public, in and for Dubuque County, Iowa, Morris Max Blum who is per- sonally kno3vn to me and ac- knowledged that he executed the foregoing instrument as his volun• tary act and deed. Milton Dolan Notary Public in and for Dubuque County, Iowa (Seal) Dubuque, Iowa October 11th, 1949 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: Please be advised that on October 11th, 1949, the Civil Service Commission conduet- ed an entrance examination for those seeking appointment to the position of Public Health Nurse. The following are the names of those who passed the examination with an average of 70% or better 574 Special Session, October 19th, 1949 and are hereby certified for ap• pointment as Public Health Nurse. Name Average Mrs, Dorothy F. Kinney ......93.5% Monica Ann Feller ..............90.7% Evelyn Galliart ..........................80.5% Mrs. Irene Hill ........................77.5% Mrs. Mildred Kennedy ...,......70.66% Respectfully submitted, C. S. HARKER, Chairman E. J. KEAN, E, B. LYONS, Commissioners Attest: J. J. SHEA, Clerk Subscribed and sworn to before me, A Notary Public this 11th day of October, 1949. GERALDINE L. JENNI, Notary Public (Seal) Councilman Van Duelman moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yes-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. October 12, 1949 Honorable Mayor and the City Council, Dubuque, Iowa Gentlemen: The Safety Commit- tee of the Interstate Bus Drivers have brought to my attention the hazardous condition to vehicular traffic on Seminary St. from the East line of Madison Street to Har- old Street when automobiles are parked on both sides of Seminary Street. A survey discloses that this por- tion of Seminary Street is narrow. There are 28 residences on the North side of the street, most o4 which are single family residences. All but 7 of these have private driveways along side of their homes. In addition there are two side streets which are available for parking, The South side has 14 residences, several of which are multiple dwellings. Six of these have no driveways sand there is but one side street, rat very de- sirable for parking. Because of this condition I here- with recommend that Parking on the North aide of Seminary be re- stricted at all times from the East line of Madison Street to Harold Street, In the Jefferson Junfor High School area a similar condition was called to my attention relative to fire protection concerning East 22nd Street from Windsor Ave. to Stafford Ave., and Merz Street from Windsor Ave. to Althauser Ave., these streets being the prin• cipal streets to the hill area in and around the Jefferson Junior High School, I find these streets to be very narrow; Merz Street measuring 23 ft. 4 in. in width. When vehicles are parked on both sides opposite each other, it fs impossible to tra- verse said streets. Merz Street also presents a serious problem in snow removal because of parked cars. The North side should be open to parking because in the winter months to provide easier starting, the drivers park their vehicles headed down grade on the North side which would be the proper side of the street. Mon Street is the route usually taken to the Jefferson Junior High School, I herewith recommend that park- ing be restricted at all times on the South side of East 22nd Street from Windsor Ave. to Stafford Ave. I also recommend that parking be restricted at all times on the South side of Merz Street from Windsor Ave. to Althauser Ave, Respectfully submitted, JOS. H. STRUB, Chief of Police Councilman Welu moved that the recommendations of Chief of Police Strub be approved and the proper proceedings ordered prepared. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. October 5, 1949. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: With reference to the law suit now pending in the District Court of Dubuque County, Iowa, entitled Key City Gas Co. Plaintiff vs. Macini, Ventrilla and Sons, et al, Defendants, and the Special Session, October lath, 1949 57S City of Dubuque, Iowa, Third Par- ty, wherein a cross-petition was filed asking judgement against the City of Dubuque for the sum of $937.22 and costs, I have had con- ferences with the attorneys for plaintiff and defendants. Defend- ants have agreed to settle their action against the City of Dubuque on payment by the City of Dubuque to them of the sum of $100.00, they to pay the court costs and file a dismissal in the Court. I recommend that a warrant be is- sued in the amount of $100.00, pay- able to Kenline, Roedell, Hoffman and Reynolds, attorneys For Man- cini, Ventrilla and Sons, Joseph Ventrilla, and Angelo D, Ventrillo, and that the same be delivered to them upon delivery to the City of a release by defendants and a dis- missal of the action. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Russo moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor be instructed to draw a warrant in the amount of $100.00 in favor of Kenline, Roedell, Hoff- mann and Reynolds, attorneys for Mancini, Ventrilla and Sons, Joseph Ventrilla and Angelo D. Ventrilla, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease and a dismissal of the action. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. October 12, 1949. Honorable Mayor and Members of the Gity Council, City of Dubuque, Iowa, Gentlemen: Some time aga an application was made for permis- sioh to erect a canopy in front of a building on the east side of 7th Street, next adjoining the alley on the west between Main and Locust Streets. A discussion was had on the matter at that time, and it was represented that the National Canvass Goods Manufac- turers Association had a model ordinance that was then in exist- ence in several cities throughout the United States. The matter was then referred to the under- signed to prepare an ordinance. I received the model ordinance, and after examining the same, I wish to call the Council's attention to certain parts thereof, as follows: "Section 45.7 FIXED AWNINGS "(a) Definition. "A fixed awning as herein regu• lated shall mean a rigid roof•like shelter attached to the exterior wall of a building or structure in an approved manner, and sloping and draining away from such wall. "(b) General regulations. "Fixed awnings when projecting beyond the street line shall not be erected on any building or struc- ture more than one story in height, and shall comply with the regulations of this section. No such fixed awning shall project into a public thoroughfare which is less than thirty (30) feet in width. "(c) Length. "There shall be no limitation on the length of a fixed awning. "(d) Projection, "The projection of a fixed awn- ing from the street line shall not exceed one-half (1/Z) the distance from such street line to the face of the curb, but not more than six (0) feet in any case. "(e) Clearance. "There shall be not less than eight (8) feet in the clear be- tween any point of a fixed awning and the sidewalk grade directly below. "(f) Construction and design. "1. Fixed awnings shall be con- structed of noncombustible, rust- resistive materials except that glass or similar .fragile material shall not be used in any part of such awnings. " 2. Fixed awnings shall be sup- ported entirely by the building or structure to which they are at• tached. " 3. Fixed awnings shall be de- signed to withstand snow and oth- er loads of not less than twenty- five (25) pounds per square foot and wind pressures of twenty (20) pounds per square foot applied in any direction. "4. The roof of fixed awnings shall slope from the building or structure and such slope shall not exceed an angle of forty-five (45) 576 Special Session, October lath, 1949 degrees, and be not less than thir- ty (30) degrees from the horizontal, "5. Fixed awnings which are not constructed to permit the passage of rain or snow through open slats, slats, or louvres in the roof thereof shall be provided with snow guards (Section 2032) and with gutters and conductors connected with the house sewer or drain. (Chapter 40.) "(g) Signs and advertising de- vices. "No sign or advertising device shall be placed on, hung from, attached to, or be painted on a fixed awning, except that the name, street number, and character of the business of the owner or ten- ant may be attached to or painted thereon in letters not exceeding six (6) inches in height. No elec- trical illumination of any kind shall be attached to such awnings. "(b) Existing fixed awnings. "All fixed awnings heretofore erected and projecting beyond the street line shall be made to con- form to the regulations of this sec- tion or shall be removed within thirty (30) days after the adoption of this code. "Section 45.8 CANOPIES "(a) Definition. "A canopy as herein regulated shall mean a rigid, flat, roof•like structure affording shelter, other than a hood or marquee, attached to the exterior walls of a building or structure in an approved man- ner and sloping and draining to- ward such walls. "(b) General regulations. "Canopies when constructed and erected as regulated in this section shall be permitted to project be- yond a street line at or near the ceiling level of the first floor of a building or structure provided, however, that no such canopy shall project into a public thoroughfare which is less than thirty (30) feet in width, "(c) Length. "There shall be no limitation on the length of a canopy. "(d) Projection. "The projection of canopies from the street line shall not exceed one-half (1/2) the distance from each street line to the face of the street curb, but not more than six (6) feet in any case. "(e) Clearance. "There shall be not less than ten (10) feet in the clear between any point of a canopy and the side- walk grade directly below. "(f) Construction and design. "1. Canopies shall be construct- ed of noncombustible materials throughout. No glass shall be used, except far soffit illumination as regulated in sub-section (g). "2. Canopies shall be supported entirely by the building or struc- ture to which they are attached. " 3. Canopies shall be designed and constructed to support safely a superimposed load of eighty (80) pounds per square foot. "4. The roof of the canopy shall be made watertight and shall have a slope of not more than one (1) in four (4). Such roofs shall slope and drain toward the building or structure and shall be provided with conductors connected with the house sewer or drain (Chapter 40). "5. The vertical dimension of the side or front face of a canopy shall not exceed fifteen (15) inches, "(g) Signs and advertising de• V1Cee, "No sign or advertising device shall be placed on, hung from, at- tached to, or be painted on a can- opy except that the name, street number, and character of the busi- ness of the owner or tenant may be attached to or painted thereon in letters not illuminated or ex- ceeding twelve (12) inches in height, No ornamental illumina- tion of any kind shall be attached to or installed in such canopies, except that recessed illumination in soffits is permitted. In no case shall any individual glass panel exceed five hundred seventy-six (576) square inches in area." It will be noted that Section 45-7, Sub-division (f)-2 and Section 45.8, Sub-division (f)-2 provide that the fixed awnings and canopies re- ferred to therein shall be support- ed entirely by the building or struc- ture to which they are attached. This situation is different than that that was represented to us. There was also delivered to me an ordinance which I attach hereto for the examination of the Council. I am submitting this matter to the Council at this time for instruc- Special S~ssiou, October lath, 1949 577 tions as to just what the Council wishes the Ordinance to contain, As soon as that is determined, then I can proceed to draw an ordinance, if so desired. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Russo moved that the communication of City Solicitor Kintainger be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. October 14, 1949. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: With reference to the claim of Eldon E. Hantelmann for $28.5D for damages sustained to his car on or about August 27, 1949, when his car dropped into a sunken sewer on Laurel Street, the contractor on this work has paid the damaaes, and this report and claim should be received and placed on file. Your truly, JOHN J. KINTZINGER, City Solicitor. Councilman Russo moved that the communication of City Solicitor Kintzinger, together with the claim be received and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. October 17, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the Council held October 3, 1949, the petition of Ralph H. Mueller requesting permission to extend the sanitary sewer on West 32nd Street to 'Lot 2 of Heim subdivision was referred to the Council to view the site. The Council having viewed the premises decided to grant the re- quest and to order the proper pro• ceedings prepared. I recommend that the decision of the Council be confirmed. Respectfully submitted, A, A. RHOMBERG, City Manager, Councilman Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Va^ Duel- man, Welu. Nays-None. Ordinance No. 38-49 An Ordinance granting to Ralph Mueller the right to construct a sanitary sewer in and along West 32nd Street from the manhole lo• toted at the intersection of West 32nd Street and the alley first west of Central Avenue, describing the conditions of the grant, regulating the use of said sewer and future connections therewith, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson,. Van Duel- man, Welu. Nays-None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. October 17, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa Gentelmen: At the session of the Council September 19, 1949, the communication of Martin J, Burke submitting an offer of $25.00 for the purchase of Lots 3 and 4 of Stout's Dubuque of M. L. 54 was referred to the Council to view the lots. 578 Special Session, October Igth, 1949 The Council having seen the pro• perty decided to accept the offer. I recommended that the decision of Council be confirmed by the pas• sage of the attached Resolution, Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson, Car• ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Resolution No. 301-49 Be It Resolved.by the City Coun• Gil of the City of Dubuque, Iowa, that it is deemed advisable to sell Lola 3 and 4 of Stout's Dubuque of Miheral Lot 54 to Martin J. Burke for the sum of Twenty-Five and no~100 ($25.00) Dollars, and to execute a quit claim deed of said premises to said grantee and deliver the same to him upon the payment of said purchase price, with the condition that no adver- tising sign of any kind or char- acter be erected on the property. Be It Further Resolved that the Mayor and Clerk of said City of Dubuque be, and they are hereby authorized to execute said deed on behalf of the City of Dubuque, and to affix thereto the official seal of said City. Passed, adopted and approved this 17th day of October, 1949. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELD, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. October 17, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Council held August 29, 1949, the petition of Mr. and Mrs. L. L. McNeil and others requesting street lights at Esther and Tressa Streets and at Tressa and McLen• an Streets together with the peti- tion of E. J. Eilers and others re- questing astreet light at Lowther and Buena Vista Streets were re- ferred to the Council to view the grounds. The Council having viewed the locations decided to grant the re• quests and to order street lights installed at Esther and Tressa Streets, .Tressa and McLenan Streets, and Lowther and Buena Vista Streets. I recommend that the decision of the Council be con- firmed. 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. October 17, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of August 29, 1949, the verbal request of Wesley Humke with reference to the repair of the alley between Nevada and Booth Streets north of West Third Street together with the verbal request that West 32nd Street be oiled were referred to the Council to view the grounds. The Council having viewed their respec• five locations decided that minor repairs be made to the alley and that West 32nd Street be given a light application of oil, I recommend that the decisions of the Council be confirmed. Reapecftully sumbitted, A, A. RHOMBERG, City Manager. Councilman Russo moved that the recommendation of City Man• ager Rhomberg be approved. Seo- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Special Session, October 17th, 1949 579 October 17, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting held September 19, 1949, the petition of O'Connor, Thomas and O'Connor by E. Marshall Thomas asking that the proposed Koerre] Subdivision be approved and the terms and conditions of such approval be out• lined was referred to the Council to view the grounds. The Council having viewed the proposed Sub• division and having discussed the terms and conditions to be imposed for approval of the plat, decided as follows: That the subdivider be re• quired to furnish the following fa• cilities, or in lieu thereof to fur- nish bond to insure the installa• lion of such facilities:- 1) Sanitary sewer facilities be provided. 2) The streets be graded, curb and gutter installed, and rock sur- face with asphalt wearing surface be constructed. 3) That where necessary, storm drains be put in to provide proper drainage. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Welu moved that the recommendation of City Manager Rhomberg be approved, Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. October 17, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the follow• ing bonds and desire to have your approval on same for filing: PERSONAL Albert L. Holscher, City Auditor -Western Surety Company. EXCAVATION Max Blum, 411 East 15th Street -National Surety Corp, Respectfully submitted A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Coun• Gilman Welu. Carried by the fol• lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. October 17, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held October 3, 1949, the petition of the Board oP Directors of the Independent School District of Dubuque requesting the City Council to extend the city limits to include Lot 1 of Hyatt Place was referred to the Council to view the grounds. The Council, having viewed the premises and studied the general area in which it is located, decided to deny the request for the following reasons: (1) The statutes outlining an• vexation procedure require that properties to be annexed to a city be contiguous and adjoining such city. While Lot 1. of Hyatt Place is only a short distance from the city, it does not adjoin and, there• fore, the Council is without power to take the requested action on the basis of the petition submitted. (2) The Council's study of the general area reveals that this pro- posed school site is vat provided with public streets or roads that would permit reasonable access by the pupils. Pennsylvania Avenue and its extension known as Middle Road is the only public way now serving the tract in question, (3) It is not clear to the Coun• Gil how sewer and water conven• fences are to be made available to the school location. I recommend that the decision oP the Council be confrmed and that the School Board be notified of the action of the Council and the rea• sons upon which it was based. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the fo]lowing vote: Yeas-Mayor Wharton, Council• 58o Special Session, October 17th, 1949 men Russo, Thompson, Van Duel• man, Welu. NAys-None. Resolution No, 302-49 Be It Resolved by the City Coun• cif of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Spiros Bogus and Oust Bogus, 402 Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 17th day of October, 1949. ALBERT WHARTON, Mayer F, W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELU, Councilmen Attost: J. J. SHEA, City Clerk Councilman Van Duelman moved the adaptton of the resolution. Sec• onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Rnaso, Thompson, Van Duel- man, Weln. Nays-None. Re'solutinn No. 303-49 Whereas, application for Class "B" Beer Permits have bees sub- mitted to this Council for approval and the same have been examined: Now, Tiverefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of th® ordinances of this City. CLASS "B" PERMIT Name Address Spiroa Bogus and Gust Bogus, 402 Mraii Street. Mra. Eleanor Glynn, 1563 Central Avenue. Passed, adopted and approved this 17th day of October, 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, Council- men Rll660, Thompson, Van Duel- man, Welu. Nays-None. Resolution Na. 304-49 Whereas, heretofore applicatiens for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: Naw, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT Name Address Spiros Bogus and Gust Bogus, 402 Main Street. Mrs. Eleanor Glynn, 1563 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 17th day of October, 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. Sea onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council- { ~s `' i Special Session, October 17th, 1949 g81 men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Russo moved that the City Manager be instructed to file with the Iowa Commerce Com- misison objections as to the exces• slue fares now being charged for transportation to and from the Municipal Airport and also to re- quest that a public hearing be held for the establishing of reasonable rates. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- man Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Welu moved that the City Manager be instructed to in- vestigate meter rates for taxicab services, applicable •to the City of Dubuque, as charged in other cities and to submit a report back to the City Council. Seconded by Council- man Russo. Carried by the follow ing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- nien Russo, Thompson, Van Duel- ma.u, Welu. Nays-None. J, J. SHEA, City Clerk Approved ................................ 1950 Adopted .................................... 1950 Councilmen ~ ...................................... Attest : .......................................... City Clerk 58a Special Session, October a4th, 1g49 City Council (Official) Special Session, October 24th, 1949. Council met at 7:30 p.m, Present-Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu, City Manager Rhom- berg, Meeting called by order of Coun- cilman Russo and Welu. Mayor Wharton read the call and stated that service thereof had been duly made and that this meet- ing fs called for the purpose of discussing the re-routing of high- ways and the handling of down town traffic and acting on any oth- er business as may properly come before a regular meeting of the City Council. Petition of Dubuque Auta Supply Co. requesting permission to in- stall aventilated awning on the Central Avenue side of their build- ing at Ninth and Central Avenue, presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Spiros and Gust Bogas, executors of the estate of Steve Cole, requesting a refund in the amount of $100.00 on the un- expired portion of Class "B" Beer Permit No. 19, presented and read, Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Spiros and Gust Bogas, executors of the estate of Steve Cole, to cover the amount of refund granted on the unexpired portion of Class "B" Beer Permit No. 19. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Spiros and Gust Bo- gas, executors of the estate of Steve Cole, requesting a refund in the amount of $50.00 on the un- expired portion of Cigarette Per mil No. 121, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50,00 in favor of Spiros and Gust Bogas, executors of the estate of Steve Cole, to cover the amount of re• fund granted on the unexpired por- tion of Cigarette Permit No. 121. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of City Employee's Local No. 228 requesting Council consideration and subsequent ac- tion in granting paid holidays for all Ctty Employees whether month- ly or hourly salaried, presented and read. Councilman Russo moved that the petition be referred to the City Manager for investigation and re• port. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russso, Thompson, Van Duel- man, 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 of September, 1949. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the follbwing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. October 24, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of the Council held October 17, 1949 the petition of the Hughes Oil Com- pany, making application for a per• mil to install an additional 500,000 gallon tank within the dyked area at the south end of the oil terminal on the river front, was referred to Special Session, October 24th, 1949 583 the Council to view the grounds in company with the Fire Chief and Building Commissioner. The Council having viewed the premises on October 19th, decided upon the ,advice of the Fire Chief to grant the petition providing the usual safeguards are observed. I recommend that the decision oP the Council be confirmed. Respectfully submitted, A. A, RHOMBERG, City Manager Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by ,Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. October 24, 1949 To the Honorable Mayor and City Council Dubuque, Icwa Gentlemen: I herewith submit re• ports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of September 1949; also list of claims and list of payrolls for which warrants were issued for the month of September 1949. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Thompson moved that the reports be received and placed on file. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No. 37-49 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to change certain property hereinafter described from "Two Family Classification" to "Multiple Family Classification," said ordinance having been passed upon first reading on October 17th, 1949 and ordered placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption, was pre- sented for final adoption. Ordinance No. 37-49 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to change certain property hereinafter described from "Two Family Classification" to "Multiple Family Classification." Whereas, it is deemed advisable by the City Council of the City of Dubuque to amend the Zoning Or- dinance and change the Zoning Map of the City of Dubuque so as to change certain described prop- erty from "Two Family Classifica• lion" to "Multiple Family Classifi- cation" as recommended by the Dubuque Planning and Zoning Com- mission. And, Whereas, Notice .of such proposed change has been publish- ed as provided by law and an op- portunity afforded to any and all interested parties and citizens to object thereto at a public meeting held at 7:30 o'clock P.M., on the 17th day of October, 1949, in the City Council Chamber 7n the City Hall in the City of Dubuque, Iowa. And, Whereas, no objections have been filed or made to the proposed change. Now, Therefore, Be It Ordained by the City Council of the City of Dubuque: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be, and the same is here- by amended and changed as fol• lows: By changing from "Two Family Classification" to "Multiple Family Classification" the following de• scribed property: "The entire black between Rhom- berg Avenue and Garfield Avenue to the West and East respectively and Stanton Street and Shiras Avenue along the south and north respectively.'' Sec. 2, This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as by law provided. Passed upon first reading this 17th day of October, 1949. Passed, adopted and approved 5g4 Special Session, October 24th, 1949 upon final reading this 24th day of October, 1949. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ROMOLO N. RUSSO, CLARENCE P. WELU, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele• graph-Herald newspaper this 27th day of October, 1949. J. J. SHEA, City Clerk Gbnncilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Thompson. Carried by the following vote; Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No, 38-49 An Ordinance granting to Ralph Mueller the right to construct a sanitary sewer in and along West 32nd Street from the manhole lo- cated at the intersection of West 32nd Street and the alley first west of Central Avenue, describing the conditions of the grant, regulating the use of said sewer and future connections therewith, said ordin- ance having been passed upon first reading on October 17th, 1949 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. Ordinance No. 38x-49 An Ordinance granting to Ralph Mueller the right to construct a sanitary sewer in and along West 32nd Street from the manhole lo- cated at the intersection of West 32nd Street and the alley first west of Central Avenue, describing the conditions of the grant, regulating the use of said sewer and future connections therewith. Whereas, Ralph Mueller has peti- tioned the City Council of the City of Dubuque for permission to ex- tend the sewer on West 32nd Street as far as Lot 2, Heim Subdivision in the City of Dubuque. And Whereas, this Council, after inspection of the grounds and due consideration finds that the prayer of the application should be grant- ed, Be It Ordained by the City Council of the Gity of Dubuque: Sec. 1. That Ralph Mueller be and he is hereby granted the right to construct an eight inch (8") sanitary sewer beginning at the existing manhole located at the intersection of West 32nd Street and the alley first west of Central Avenue and running westerly along the approximate center line of West 32nd Street a distance of 208 feet. Sec. 2. That the total cost of con• strutting said sewer shall be paid by Applicant, and said sewer shall be built under the supervision and direction of the City Manager and the City Engineer. Sec. 3. As a further consideration of the rights and privileges herein granted, said Ralph Mueller, his successors and assigns, assume any and all liability for damages to per- sons or property which may result from the construction of said sew- er. The construction of the sewer means the digging and refilling of the trenches in the street, guarding and barricading of said trenches to protect the public, the restoration and maintenance of the retreat to substantially the same condition it was in before the commencement of the work. Said Applicant, his successors and assigns, at their own expense agree to pay on be- half of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City for damages of any and all kinds, resulting from the construction of said sewer, by any person or persons, caused by acci- dent or otherwise arising out oY the construction of said sewer. Said Applicant shall defend, at his own expense, on behalf of the City any suit commenced against the City for damages for personal injuries or destruction of property arising out of the construction of said sewer, and liability thereunder shall continue until all ditches have been refilled, obstructions re- moved from the street, and the surface of the street replaced to substantially as good condition as it was in before the commence- Special Session, October 24th, 1949 5g5 ment ~of the work, and the sewer accepted by the City of Dubuque. Sec. 4. As a further condition to this grant, it is understood that after said sewer is completed, the City of Dubuque shall have the right to make extensions thereto into other streets or districts with- out being required to pay any part of the cost of original construction, Sec. 5. As a further condition to this grant, it is understood that when said sewer is completed, it shall be considered a public sewer and thereafter the maintenance and repair expense shall be borne by the City of Dubuque. Sec. 0. After said sewer has been completed and the total cost there- of determined, such casts shall be certified as correct and filed in the office of the City Clerk, where the same shall remain as a permanent record. Any person or persons de• siring to connect with said sewer shall first apply to the City Coun- cil for permission so to do, and such permission shall be granted upon condition that such property owner pay to the Applicant here- in, his successors or assigns, arch part of the total original cost of construction of said sewer as the linear feet of the property to be connected bears to the entire sew- er, which cost shall not be in ex- cess of that which may be levied ~? upon the property in the construe- ,T ' lion ~of sewers as provided by the statute of Iowa, ,;~ Sec. 7. That after said sewer has been constructed, it shall not be removed or its free use interfered with by the Applicant, his succes- sors or assigns. Sec. 8. As a further consideration, it is understood that this sanitary sewer shall be used to carry only sanitary sewage; that no down- ,. spouts shall be connected there- with; that no surface water or drainage of any kind shall be run into said sewer. Sec. 9. This Ordinance shall be in force sand effect ten (10) days from and after its final passage, adoption and when the terms here- , of are accepted by Petitioner, ;~ which acceptance shall be endors- ed hereon. All costs in connection therewith shall be paid by Peti- tianer. Passed upon first reading this 17th day of October, 1949, Passed, adopted and approved upon this 24th day of October, 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 Ordinance No, 38.49 Ralph Mueller, having full know- ledge and understanding of all the terms and conditions of Ordinance No. 38.49, hereby accepts the same as passed, and agrees to comply with all the terms and conditions thereof. Executed ;this 25th day of Octo- ber, 1949. RALPH H. MUELLER Published officially in The Tele• graph-Herald newspaper this 27th day of October, 1949. J. J, SHEA, City Clerk Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Russo. Car- ried by the following vote: Peas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None, (Awarding Contract) Resolution No. 2989 Whereas, proposals have been submitted by contractors for the improvement of Southern Avenue (east side) from the end of the existing curb located approximate- ly 50 feet south of the centerline of Dunleith Street to a point 600 feet south pursuant to Resolution No. 279-49 and Peterson Bros. Garnavillo, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and speci- fications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Peter- son Bros. OarnaviIlo, Iowa and the Manager be and he is hereby di- 586 Special Session, October 24th, 1949 ~ "' Special Session, October 24th, 1949 58i rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council, Approved and placed on file for one week on October 17th, 1949. Passed and adopted this 24th day of October, 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. Second- ed by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Resolution No. 305--49 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes. and cigarette papers within said Ctiy and the Manager is directed to issue such permit on behalf of said City. Name -Address John Petrakis, 1564 Central Av- enue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 24th day of October, 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, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Resolution No. 30619 Whereas, application far Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: Now, Therefore, Be It Resolved by the Council of the City oY Dubuque that the following application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT Name Address Mrs. Adele A, Ferring, 1305 Elm Street. Passed, adopted and approved this 24th day of October, 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, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Van Duelman moved that the rules be suspended far the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council, Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Mayor Wharton stated that the matter of re-routing of highways, the matter of handling down town traffic and the matter of parking lots was now open for discussion and would be taken up in the or- der above mentioned. Various proposals and counter proposals were presented and dis- cussed and after a lengthy discus- sion and in an effort to consoli- date the various proposals Mayor Wharton stated that be felt that he spoke for the entire Council, and suggested that all committtees and interested parties be invited to attend a roundtable discussion meeting for the purpose of trying to' arrive on a plan agreeable to ail and submit the same to the Council, and asked Attorneys M. H, Czizek and Louis F. Fautsch to arrange such a meeting. There being no further business Councilman Russo moved to ad• }ourn. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, CounciF men Russo, Thompson, Van Duel• man, Welu. Nays-None. J. J. SHEA, City Clerk Approved ................................ 1960 Adopted .................................... 1950 ...................................... Councilmen ...................................... Attest :................................................ Clty Clerk.