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1949 December Council ProceedingsRegular Session, December 5th, 1949 Gil City Council (Official.) Regular Session, December 5th, 1949. Council met 7:30 p. m. Present - Maycr Wharton, Coun- cilmen Russo, Thompson, Van Due]• man, Welu. Absent -City Manager Rhomberg. Mayor Wharton stated that this is the regular monthly meeting of the City Council far the purpose of acting upon such business as may properly come before the meeting. Notice of Appeal of Jahn E. Kringle to the District Court in and for Dubuque County, Iowa, from the judgment of the Police Court of the City of Dubuque ren- dered against the said John E. Kringle charged with keeping liq- uors of an alcoholic content than 4 per cent on premises of Class B permit holder, presented and read. Councilman Van Duelman moved that the Notice of Appeal .be re• (erred to the City Solicitor. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Notice oP Appeal of Ed. Logan to the District Court in and for Du• baque County, Iowa, from the judg- ment of the Pafice Court of the City of Dubuque rendered against the said Ed Logan charged with violation of City ordinance and State Liquor Law in respect to selling intoxicating liquors to a minor, presented and read. Council• man Van Duelman moved that the Notice of Appeal be referred to the City So]icitor. Seconded by Council- man Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Notice of Claim of Dr. Harry E. Lange in the amount of $36.25 for damages to his car caused in strik• ing an obstruction in the street in the 500 block on Chestnut Street, presented and read. Councilman Russo moved that the Notice of Claim be referred to the City So- licitor for investigation and report. Seconded 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 for the purpose of allowing any one present 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. Communication of Lachlan Ma- cleay, President, Mississippi Valley Association, extending invitation to the Mayor and City Council to at- tend the annual meeting of the Mississippi Valley Association, which will be held in St. Louis, February 6 and 7, 1950, presented and read. Councilman Van Duel• man moved that the communica- tion be referred to the Counci! for consideration. Seconded by Council• man Thompson, Carriod by the fol- lowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Communication of the Dubuque Community Chest advising in ac• cordance with the By-Laws of the Dubuque Community Chest the Mayor is requested each year to appoint two members to represent the City of Dubuque on the Board of Directors, presented and read. Councilman Van Duelman moved that the communication be referred to the Mayor. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. 612 Regular Session, December 5th, 1949 Mayor Wharton appointed Coun- cilman Romolo N. Russo and Coun- cilman Clarence P. Welu as the two Council members to represent 'the City of Dubuque on the Board of Directors of the Dubuque Com• munity Chest. Communication of the National Safety Council asking the Mayor to issue a statement to the press in furthering the success of the Christmas safety campaign, pre• sented and read. Councilman Van Duelman moved that the communi- cation be referred to the Mayor. Seconded by Councilman Welu. Car• tied by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Communication of Richard E. Vernon, Chairman, Fire Depart• went Instructors Conference, ea• tending invitation to the Fire Chief to attend the Annual Fire Depart- ment Instructors Conference to be held at Memphis, January 9.13, 1960, presented and read. Councllman Russo moved that the Fire Chief be authorized to attend the Confer• ence, the expense to be borne by the City of Dubuque. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Ceuncil• men Russo, Thompson, Van Duel- man, Welu. Nays -None. December 1, 1949 Mr. A. A. Rhomberg City Manager Dubuque, Iowa Dear Mr. Rhomberg: At the meeting of the State High- way .Commission on November 23, conafderation was given to you r letter of November 12th in whcih you recommended that the exten- sions of Primary Road Number 3, and U. S. Roads Number 52, 61 and 151 be changed from Locust Street to Central Avenue between Fourth Street and Loras Boulevard. Your recommendation for said change of location of these primary road extensions, was approved. Necessary instructions are being given to our maintenance forces to change the markings on these pri- mary road extensions. In your letter of November 12th, you further petition for Highway Commission approval on your in- stallation and maintenance oY cer- tain Stop and Go signals on the new route of these primary road extensions. I am referring that matt ter to Mr. W. 0. Price, onr Engineer of Safety and Traffic, for report and recommendation. With personal goad wishes, I am Yours very truly F. R, White Chief Engineer. Councilman Van Duelman moved that the communication be received and made a matter of record. Sea onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. December, 1949 Dubuque, Iowa Honorable Mayor, City Council, City Manager Dear Sirs: We wish to -thank you for the Faid holidays granted our members. Your action indicates a thorough and sympathetic understanding of our needs and we want you to know that it is appreciated. With best wishes for the ap- proaching Holiday Season and the coming New Year, we remain, Sincerely yours, City Employees Lacai 228 Marvin Dixon, Rec. Sec. Councilman Thompson moved that the communication be received and made a matter of record. Sec- onded by Councllman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of Raymond McLaughlin requesting a refund in the amount of $100,00 on the unexpired portion of his Class "B" Beer Permit No. 41, as he has discontinued business on November 19, 1949, presented and read. Councilman Van Duel- man moved that the request be granted and the City Auditor in• strutted to draw a warrant in the Regular Session, December 5th, 1949 613 amount cf $100.00 in favor of Ray- mond McLaughlin to cover the a- mount of refund granted on the un- expired portion of his Class "B" Beer Permit Na. 41. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. Petition of Raymond McLaughlin requesting a refund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No, 74, as he has discontinued business on November 19, 1949, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed t o draw a warrant in the amount of $50.00 in favor of Raymond Mc- Laughlin to cover the amount of refund granted on the unexpired porticn of his Cigaretto Permit No. 74. Seconded by Councilman Welu. Carried by the following vcte: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of John C. Duffey advis- ing Council that on account of ill- ness that he was unable to make the initial payment on the special assessment levied Lot 1 of 1 of Clem McGuire Place and Lot 2 of 1 of Clem McGuire Place for the construction of the sanitary sewer in Bradley Street Sewer District, within the specified time, and ask- ing that he be granted the privilege of paying the initial installment now and that the balance be paid every year for the following nine gears, presented and read. Council- man Welu moved that the request be granted and the Cfty Treasurer be instructed accordingly. Seconded by Councilman Thompson, Carried by the fallowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of the Mettel Realty & Investment Co. asking the City Council to pass an ordinance vacat- ing that part of Bellevue Street as shown on the plat prepared by the applicant as Lot A of Bellevue Street dated October 5, 1949 and that the Mayor and City Clerk be authorized to execute a deed con- veying said Lot A of Bellevue Street to the petitioner, presented and read. Councilman Thompson moved that the request be granted. Seconded by Councilman Van Duel• man, Carried ,by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. ORDINANCE N0. 40--49 An Ordinance vacating Bellevue Street from Blake Street easterly to the end of Bellevue Street in the City of Dubuque, Iowa, presented and read. Councilman Thompson moved that the reading just had be considered 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 Welu. 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 Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Petition of Mr, and Mra. P, J. Crowley and others, residents of Auburn Street, between Loras Boulevard and Rosedale, requesting that an investigation be made of the existing street light accommo- dations in this vicinity, presented and read. Councilman Welu moved that the petition be referred to the Council to view the grounds. Sec- 614 Regular Session, December 5th, f949 onded by Cbuncilrt~an Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Ausso, Thompson, Van Duel- man, Welu. Nays -None. Petition of E. H. Ellinghouse and others, residents and property own• ecs in the 500 block on Rhomberg Avenue, asking for a change in packing regulations in the said 500 block on Rhomberg Avenue, pre- sented and read. Councilman Welu moved that the petition be referred to the Chief of Police Par recom- mendation and report. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. ORDINANCE N0. 41-49 An Ordinance changing. the name of Platt Street to Mazzuchelli Road, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinahce, Seconded by Councilmap Van Duelman. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Weln. Nays -None. Councilman Thompson wooed 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 Rosso, Thompson, ,Van Duel- mat1, 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 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. ORDINANCE N0. 42-49 Xn Ordinance designating West 4th Street from the west line of Locust Street to the east line of Maih Street a "T H R O U G H STREET," providing for the erec- tion of stop signs and a penalty for the violation of the terms hereof, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the 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 road 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 -Mayer Wharton, Councll- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Proof cf publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn dur- ing the month of October, 1949, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Welu. Car• riede by the fallowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Council Proceedings for the months of May, June and July, 1949, presented for approval. Council- man Welu moved that the Council Proceedings for the months of May, June and July, 1949, be approved as printed. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Regular Session, December 5th, f949 61 November 30, 1949 Honorable Mayor and the City Council, Dubuque, Iowa. Gentlemen; RE: John E. Kringle holder o[ a Class B Beer Permit No. 84, operator of the Three Cheers Tavern at 62.64 Locust Street,' in the City of Dubuque, Iowa. This permit was issued on Aug. 22, 1949 This is to advise you that on this date November 30, 1949 the above named permit holder of a Class B Beer Permit was convicted in the Police Court of the City of Du• buque, of violating the beer ordi• nonce An a charge- of having on the premises of a Clasa.B Beer permit holder alcoholic beverages of great- er alcoholic content than 4 per- cent by weight, He was Yined $100: 00 and Costa of ;3.50. You are further advised that this permit holder in a general way conducted his business in a dis• orderly manner,. namely permitting persona of ;bad reputation to loiter in and frequent his place of busi- ness. His bartender on November 28, 1949 in the police court was convicted of providing coke and whiskey to a 16 year girl oa these same premises. This place has been the scene of many disturbances, mostly weekly and sometimes acv oral times in one week. Because of the above violations of law and of the general undesir- able conditions, and of the convic- tions in connection with the per• sons responsible for the orderly op- eration of this place of business, and in compliance with Section 124.30 of the 1946 Code of Iowa, I herewith recommend the revoca- tion of this Class B Beer Permit No. 84 forthwith. A]sa as authorized in Section 124.34 it is further rec- cmmended that no person be issued a .Class B Beer .permit on these premises for a,period ofone year. Respectfully yours, Jos. H. Strub, Chiet of Police. Councilman Russo moved that action be deferred on the recom• mendation of Chief of Police Strub until determination of the appeal of Joha E. Kringle now pending in the District Court. Seconded by Councilman Welu. Carded .by the following vote: Yeaa - Councilmen Russo, Thompson, Van Duelman, Welu. Nays -Mayor Wharton. November 29, 1949 Honorable Mayor and Members of the Cfty Council City oY Dubuque, Iowa Gentlemen; with reference to the communi• cation referred to me signed by J. W. Blades, objecting to a eewer assessment on Lot 2 of 1, Stewarta Spb, Sub Lots 19; 20 and 21, in the amount of $208.40,:. the assessment was levied July. 18th, 1948, ,and this objection was tiled daly 26th, 1945. Under the statute all objec- tions are waived, apd this objet lion ahouid be overruled; Yours truly,: John J. Kintzinger 'City Solicitor. Councilman Welu moved th;t the recommendation of City Solicitor Kintzipger be approved. Seconded by Councilman 1?,uaso. Carried by the following vote: Yeaa - Mayor Wharton, Coan- cilmen Russo, Thompson, Van Duel• map, Welu. Nays -None. November 22, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the. claim of Walter Asmusagp for b3,00. filed herein an September 27th, 1949 for wrecker service in lifting truck out of a street on Hfilcrest and Mullin Road on September 22, 1949, I rec~ ommend that.-this claim be allowed in the amount of $3:OO; and that a warrant be issued payable forsaid amount: and delivered to claimant upon delivery of a release properly executed by him. Yours truly, _ John J„ Kintzinger City Solicitor, Councilman Russo rpoved that the recommendation of City Splici- tor Kintzinger be approved and the City Auditor instructel to draw a warrant in the amount at $3.00 in 616 Regular Session, December 5th, 1949 favor of Walter Aamussen, as settlement in full of his claim, and that said warrant be delivered up- on receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. 22 November 1949 Honorable Mayor and Members of the City Councii City of Dubuque, Iowa Gentlemen: With reference to the claim of Helene McCarron submitted to me for investigation and report, claim- ant while walking west on the south sidewalk of Curtis Street Yell i^ front of 1380 Curtis Street, stumbled on the sidewalk which was protruding up over the rest of the sidewalk about two inches and fell, sustaining injury to her knee and bruises to her leg, requiring her to secure services of a physi- cian and medical services. T h i e sidewalk is in bad condition. Her actual expenses amount to about $20.00. She has agreed to settle her claim for that amount. I recommend that her claim be allowed in the sum of $20.00 and that a warrant be issued payable to her order and delivered to her upon delivery of a release by her to the City properly executed, 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 $20.00 in favor of Helene McCar- ron, as settlement fn full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu, Nays -None. 30 November 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Marie A. Reynolds for $2,000.00 for personal injuries sustained on Feb• ruary 17th, 1949, in a fall on the icy crosswalk in the alley crossing between Roshek's Store and Mont- gomery's Store, fmm my investiga- tion Ifind that claimant fell at this place, that the crosswalk was in a dangerous condition due to ice that was rough, rounded and un- even; that at such time, she sus- tained afractured right arm, which necessitated- hospitalization a n d medical care;. that she lost twelve weeks of work and claims that she has a permanent injury. After con• ference with her attorney, they have agreed to settle this case upon the payment of $500.00. I recommend that a warrant be issued payable to William T. Con- nery, Attorney Yor Marie A. Rey- nolds in the sum of $500.00, and that the same be delivered upon delivery to the City of a Release properly executed by claimant. Yours truly, John J. Kintzinger City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $500.00 in favor of William T, Con- nery, Attorney for Marie A. Rey- nolds, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly eaecuted release. Seconded by Councilman Welu. Carried by the following vote: Yeas - ]iiayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. November 28, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Regular Session, December 5th, 1949 617 Works for the month of October 1949; also list of claims and list of payrolls fur which warrants were issued for the month oY October 1949. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the reports be received and placed on tile. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu, Nays - None. November 29, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policy and desire to have your approval on same for filing: EXCAVATION George F. Pinski, 198 Main Street Palfcy No. P 409497, The Fidelity and Casualty Co. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the bond be approved and placed on file, Seconded by Council- man Thompson. Carried by t h e following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Wolu. Nays -None. November 29, 1949. To the Honorable Mayor and City Councii, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, I have obtained an estimate of the cost of a HardyCross analysis of the water d'i'stribution system from the engineering firm of Consoer, Townsend and Associates. The y estimate the cost will be between $2,800.00 and $3,300.00. I recommend that the City Man- ager be authorized to enter into an agreement with the firm of Con- soer, Townsend and Associates for a HardyCross analysis of our water distribution system. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson move d that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duei• man, Welu. Nays -None. November 28, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the Council held November 7, 1949 the request of the Dubuque Safety Council sug- gesting the construction of a side- walk on the easterly side of South Locust Street from Dodge Street to Railroad Avenue was referred to the Council to view the premises, The Council having examined the property decided that sidewalks should be constructed and ordered the immediate construction of a concrete walk along the Rafferty Field property owned .by the City on both the South Locust Street and Railroad Avenue aides. I recommend that the decision of the City Council be confirmed. This work is now in progress. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Welu moved t h a t the recommendation of City Man• ager Rhomberg be approved. Sec• owned by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. November 28, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of City Solie- itor Kintzinger with reference to the letter of Floyd L. Stallsmith about the condition of Hodgden St., dt8 Regular Session, December 5th, 1949 was referred to the Council to view the grounds at the meeting of No- vember 7, -1949. The Council viewed the street and decided that repairs be made to it. I recommend that the deci- elon~ of the Council be confirmed. Respectfully eubmitted, A. A; Rhomberg; City Manager. Councilman Van Duelman moved that the recommendation oY -City Manager Rhomberg be approved. Seconded by Councilman Thomp• eon. Carried by the following vote: Yeas -Mayor Wharton, Councll• men Ruaeo, Thompson, Van Duel• man, Welu. Nays -None. November 28, 1948. To the Honorable Mayor sad City Council, Debugee, Iowa: Gentlemen: At the' meeting at the Council held October B4, 1949 the' petition ot~ the Dubuque Auto Supplp Com• pony requesting permission to in- stil :a fixed ventilated awning on the- Central Avenue side of i t s bending located on City Lot 878' et the northeast corner of Central Avenue and East Ninth Street, was referred to the Council to view the' grounds. The Council having viewed the site, decided to grant the regaest with' the peovision-that the lowest part of the:awning be not less than 8 feet above the sidewalk. I recommend that the decision of the Council be confirmed, and that the Building Commissioner b e authorised to issue a permit far the fixed awning to the applicant. Respectfully submitted, A. A. Rhomberg, City Manager, Councilman Russo moved t h a t the recommendation of City Man- ager Rhomberg be 'Approved. Sec• onded by CounetIman Thompson. Carried by the follaiYing vote: Yeas -Mayor Wharton, Councn• men Russo, Thompson, Van Duel. man; Welu. Nays -None, November 28, 1949. To the Honorable ffiagar and City Council, .Dubuque, Iowa. Gentlemen: At the. Council Meeting of Octo- ber 17, 1949 the petitions of Matt Fonck and others requesting a street light at Green and Algona Streets and of Mrs; John A. Palmer and otheni asking for s street light at Algona Street and Rosedale Avenue, were refereed to the Coun• cil to view the grounds. The Couneii having viewed the locations decided to grant the re• quests. I recommend that the deci• stone of the Council be confirmed and that street lights be installed at Green and Algona Streets and at Algona Steeet and Rosedale Ave. ReapectYullq eutbmitted, A, A, Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of City itT,anageT Rhomberg be approved. Seconded by Coancilman Russo. Carried by the folloveii{g vote: Yeas •=Mayor Wharton, Conncil• men 'Russo, Thompaou, Van Duei• man, Welu. Nays ~ 'None. November 28, 1949. To the Honorable` Mayor and City Council, Dubuque; Iowa. Gentlemen: At the Councn Meeting of No• wember 7, 194'9 the petition of Alon• za T, Murphy and other's requesting the 9nstallation of a street light at 'Decatur and Prescott Streets was referred to the Council t o view the grounds: The Council having viewed the location decided ~ to deny the re• quest becanite of the proximity of other street lights. I recommend that the decision of the Council be confirmed, Respectfully submitted, A. ° i1, Rhomberg, City Manager: Councilman '1'h'ompeon move d that the eecommendatton of City ~Managee` Rhomberg be `apprroved. Seconded by Councilman Weln. Carried by the following vote: Yeas -Mayor Wharton, Connell- men ~Rusao, Thompson, Van Dne1• Wren; Welu, :Nays --None. Regular Session, December 5th, 1949 619 Councilman Welu moved t h a t the City Manager be instructed to have the necessary repairs made on Decatur Street between Rhom• berg and Lincoln Avenues, said re- pairs to be made this month. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu, Nays -None. November 30, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the con- struction of a storm sewer on Adair Street from the existing storm i sewer on Adair street to the exist- ing storm sewer on Rosedale Avenue under contract with the Larson Construction Company, has been completed in accordance with the plans and specifications. I, therefore, recommend the ac• ceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. (A Resolution Accepting Improvement) CITY OF DUBUQUE, IOWA RESOLUTION N0. 318 • 49 Whereas, the contract for t h e construction of a storm sewer in Adair Street from the existing storm sewer in Adair Street to the existing storm sewer in Rosedale Avenue has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the sewer fund less any retained percentage provided for therein, Passed, adopted and approved this 5th day of December, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELII 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, Ceuncil- men Russo, Thompson, Van Duel• man, Welu. Nays -None. November 30, 1949. To the Honorable Mayor qnd City Council, Dubuque, Iowa. Gentlemen; This is to advise that the im• provement aY Southern Avenue (east side) from the end of the existing curb located approximate- ly 50' south of the center line of Dunleith Street to a point 6 0 0' south under contract with Peterson Brothers, Garnavillo, Iowa, h a s been completed in accordance with the plans and specifications. I, therefore, recommend the as ceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman .Russo moved t h a t the recommendation of City Man• ager Rhomberg be approved. Sec- onded liy Councilman Welu. Car• ried by the following vote: Yeas -Mayor Wharton, Councll• men Russo, Thompson, Van Duel• man, Welu. Nays -None. 62o Regular Session, December 5th, 1949 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA . RESOLUTION N0. 319 - 49 Whereas, the contract for the im• provement of Southern Avenue (east side) from the end oY the existing curb located approximate- ly 50 feet south of the centerline of Dunleith Street to a point 000 feet south has been completed and the City Manager has examined the work and filed his certiticate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends Its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of t h e City Manager be approved and that said improvement be and the same is hereby accepted and the Citp Engineer be and he is hereby di- rected to prepare a plat and sched• ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection a n d said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described Improvement in amount equal to the amount of his con- tract, leas any retained percentage provided for therein. Passed, adopted and approved this 5th day of December, 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. Sao- onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. November 30, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; This is to advise that the con- struction of a sanitary sewer lift station and force main for t h e CherryGreen Street sewer district under contract with the Thomas Flynn Coal Company has been com- pleted in accordance with the plans and specifications. I, therefore, recommend the ac• ceptance of this work. Respectfully submitted, A. A. Rhamberg, City Manager. Councilman Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompsoa Carried by the following vote: Yeas -Mayor Wharton, Councll- men Russo, Thompson, Van Duel- man, Welu. Nays -None. CITY OF DUBUQUE, IOWA (A Resolution Accepting Improve• ment and Directing the Clerk to Publish Notice.) RESOLUTION N0. 320 49 Whereas, the contract far t h e construction of sanitary sewers and appurtenances in what is known as the,Cherry-Green Street Sewer District as delimited by Ordinance No, 16.49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron farce main for the Cherry-Green Street Sewer District. The eight (8) inch sewer line begins at the lift station locat- ed on the intersection of the center liner of the alley at the corporation limits and the alley between Cherry and Oreen Streets; thence easter• ly along the center line of the alley between Cherry and Green Streets to a point 5 feet westerly from the prolongation of the line between lots numbered 205 and 206 Regular Session, December 5th, 1949 621 of Finley's Addition; thence south- erly along a line 5 feet westerly of and parallel to the easterly line of lot number 206 of Finley's Addition to the Center of Cherry Street; thence easterly along the center line of Cherry Street to a point on the prolongation of the line ba tween lots numbered 220 and 221 of Finley's Addition; also westerly along the centerline of Cherry St., to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 20S of Finley's Addition; also from the inter~~~- tion of the centerlines of Cherry Street and Finley Street southerly along the centerline of Finley St., to the centerline of the alley 1st south of Cherry Street; also an eight inch vitrified tale sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the center line of Green Street; thence east- erly along the center line of Green Street to a point on the prolonga- tion of the line between lots num- bered 197 and 2 of 198 of Finley's Addition; also from the intersec- tion of the center lines of Green and Finley Streets northerly along the center line of Finley Street to the intersection with Poplar and Karrick Streets; thence northerly along the center line of Poplar Street to a paint on the prolonga- tion of the line subdividing the northeast 102 feet and the south- west 65 feet•9 inches of lot number 145 of Finley Addition: also west- erly from the intersection of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line beginning at the lift station located on the intersection of the center lines of the alley at the corporation limits and the alley be• tween Cherry and Green Streets and running north along the center line of the alley at the corporation limits a distance of 880 feet, and continuing north from this point with an eight inch vitrified tale sewer main across Asbury Street to the existing sanitary sewer man• hole located at the intersection of said alley and the center line of Seminary Street has been complet- ed and the City Manager has ea- amined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City oP Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and be is hereby dir- ected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the C i t y Clerk subject to public inspection and said Glerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- lion to levy special assessments therefor, as required .by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 5th day of December, 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 Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None, RESOLUTION N0. 321 • 49 Whereas a petition has bee n Piled with the City Council asking that the property hereinafter de• 6a2 Regular Session, December 5th, 1949 gcrjhed be rezoned from "Sing 1 e Family Classification" to "T w a Family Classification." Qnd Whereas, said petition was duly referred to the Planning and 2ohin~ Commission for investiga• Lion sand report; And Whereas, said Planning and Zoning Commission has filed its report; Ant} Whereas, before the Zoning MaA and Zaping Ordinance of the Citp of Dubuque may be changed, it is necessary that a public hear- in~ pe held thereon; And Whereas the City Council deems it advisable to hold such pq>hic hsarigg, Now, therefore, Be It Resolved $y The City Council Of The City OY Dubuque; That there should be a pwblic hearing on the puestion of rezon- ing from "Single Fami]y Classifica- tion" to "Two Family Classifica- lion" the following described real estate located in the City of Du- ka,44e: "The area bounded on the north by Vernon Street, on the south by Loras Boulevard, on the east by the Alley first west of Aita Vista Street, and on the west by the roost line of Levin's Addition in the City of Dubuque, Iowa." That the time and place for said public hearing be and the same is hereby fixed for 7:30 o'clock P.M. on ttie 3rd day of January, 1950, in the City Council Chamber, C i t y Hall, Dubuque, Iowa; that the City Clerk be and he is hereby directed to cause to pe published in t h e Telegraph Hera 1 d, the official newspaper of the City of Dubuque, a notice of such bearing, the same to tie so published sous to leave not Mesa fh~an' fifteen daps .between the day of such publication and the day fixed for said hearing, and that said notice shall contain among other things the provision that any and all parties in interest and any and old citizens shall have an opportunity to object and be heard.) Passed, adopted and approved this 5th day of December 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• ended by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. RESOLUTION N0. 322 - 49 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf oY said City, Ruben J, Weber and Clarence J. Sauer, 25 West 7th Street Vincent Teeling, 115 Eaet 22nd Street George Bogas, 402 Main Street Mrs. Adele Walsh, 253 West 1st Street (Transfer oP address from 21 West 7th St.) BE IT FURTHER RESOLVED that the bonds filed with the appli• cations be approved. Passed, adopted and approved this 5th day of December, 1949. ALBERT WHARTON Mayor, F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Tham~pson, Van Duel- man, Welu. Nays -None. Regular Session, December 5th, 1949 RESOLUTION N0. 323 • 49 Whereas, applications for Bee r Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be grant• ed and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Ray Jones and Catherine Jones, ~4b3 Central Avenue #iuben J. Weber and Clarence J. Sauer, 25 West 7th Street George Bogas, 402 Main Street 1"rank' J. 'Poor,' `1842 bentral Ave. Vincent Teeling, 115 East 22nd St. Clifford Calvert and Bertha Calvert, 185 Main Street Charles T. Snyder and Elsie Sny der, 543 Eighth Avenue The Page Hotel, 73.75 East 4th St. Robert A. Lange, 2616 Windsor Ave Frank T, O'Rourke and Mrs. Sarah Waldorf, 37 'Eighth Avenue Mrs. Adele Walsh, 253 West 1st St. (Transfer of address from 21 Weat 7th Street) CLASS "B" PERMIT FOR PRI• VATE CLUB' American Veterans of World War fI, 429 Main Street, Dubuque Post Nb. 3` CLASS "C" PERMIT Mrs. Agnes Zahina, 2649 Windsor Avenue ` Crtiso A. Alba, 2601 Jackson St. Leo P. Manall, 785 Groveland Pl. Passed, adopted -and approved this 5th day of December, 1949, ALBERT WHARTON Mayor. ~, W. THOMPSON FRANK VAN DUELMAN ROMULO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved tie adoption of the resolution. Sec- onded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- . men Russo, Thompson, Van Duel- man, Welu. `Nays -None. RESOLUTION N0. 324 - 49 Whereas, heretofore applications 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 and Pound to com- ply with the- ordinances oR 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 applicants a Beer Permit. CLASS "B" PERMIT Ray Jones and Catherine Jones, 2403 Central Avenue Ruben J. Weber and Clarence J. Sauer, 25 West 7th Street George Bogas, 402 Msin Street Frank J. Paar, 1842 Central Ave. Vincent Teeling, 115 East 22nd Street - Clifford Calvert and Bertha Cal• vert, 185 Main Street Charles T. Snyder and Elsie Sny der, 543 Eighth Avenue The Page Hotel, 73-75 East 4th Street Robert A. Lange, 2616 Windsor Avenue Frank T. O'Rourke and Mrs. Sarah' Waldorf, 37 Eighth Avenue Mrs. Adele Walsh, 253 West 1st Street (Transfer of a~dress from 21 West 7t1i~Street) CLASS "B" PERMIT FOR PRI- VATE CLUB ~~ ~ ~~ American Veterans of World War 11, )yubuque 4'oat ~No, 3, 429 Main Street. CLASS "C" PERMIT Mrs. Agnes Zahina; "2649 Wind- sor Avenue Cruso A. Alba, 2601 Jackson St. Leo P. Manahl, 785 Groveland'>y~. BE IT FURTHER RESOLVED that'tke bonds fil'dd bp'snch'appli- cants be and the same are herbbq appnoved: .. 624 Regular Session, December 5th, 1949 Passed, adopted and approved this 5th day of December, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J, SHEA City Clerk, Councilman W e 1 u moved the adoption of the resolution. Second• ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Councii• men Russo, Thompson, Van Duel• man, Welu. Nays - None. RESOLUTION N0. 325 • 49 Preliminary approval of proposed plans, specifications, form of con• tract, plat and schedule and all other documents for the improving of the following streets: (1) Shiras Street from the south property line of Rhomberg Avenue to the north property line of Garfield Avenue. (2) Garfield Avenue from t b e west property line of Shiras Street to the east property line of Stanton Street. (3) Stanton Street from t h e north property line of Garfield Ave. to the south property line of Rhom- berg Avenue, Estimated cost $4,729. 57, presented and read. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays - None. (Necessity for Improvement) RESOLUTION N0. 325 • 49 Whereas, proposed plans, specifi- cations, farm of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries oY the district, ii any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type oY con- struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, Yor the im- provement of the following streets: (1) Shiras Street from the south l~raperty line of Rhomberg Av- enue to the north property line of Garfield Avenue. (2) Garfield Avenue from the west property line of Shiras Street to the east property line oY Stan- ton Street. (3) Stanton Street from the north property line o4 Garfield Ave- nue to the south property line of Rhomberg Avenue. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this propos• ed resolution have an file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed. to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the coat and ex- pense of making said Improvement will be assessed upon and against all privately awned property lying within asaeasable distance provid- ed by law and in an amount not to exceed the amount provided b y law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid Regular Session, December 5th, 1949 625 out of the general fund, improve- ment funds or sewer funds, cr partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plat- ed on file with the City Clerk this 5th day of December, 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 bnelman moved that the resolution be approved and placed on file for final action. Sec• onded by Councilman Welu, Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays - None. (Fixing date of hearing) RESOLUTION N0. 327.49 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 325.49 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, far the improve- ment of the following streets: (1) Shiras Street from the south property line of Rhomberg Avenue to the north property line of Gar• field Avenue. (2) Garfield Avenue from t h e west property line of Shiras Street to the east property line of Stanton Street. (3) Stanton Street Yrom the north property line of Garfield Ave- nue to the south property line of Rhomberg Avenue and, Whereas, the proposed Resolu• tion of Necessity for said improve~ went has been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLV- ED that on the 3rd day of Janu- ary 1950, a public hearing will be held at 7:30 o'clock p.m. in the Council Chamber in the City of Du- buque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed farm of contract and al the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- luque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 5th day of December, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON ROMOLO N. RUSSO FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. Mr, F. L. Radloff addressed the Council in reference to the condi- tion of the retaining wall in the rear of 1165 High Bluff Street. Councilman Welu moved that the matter of the condition of the re• 626 Regular Session, December 5th, 1949 taining, wall. in the rear oY 1165 }3igh Blufg Street be referred to the ..Council. to view the grounds. Seconded. by Councilman Ruaso. Carried by the following vote: ...Yeas -Mayas. Wharton, Council• msn Russo, Thompson, Van Duel• man,. Welu. Nays -None. Councilman Welu moved that the Fire Chief be requested to make a Survey on the matter oY the in~tal- lation oP a fire alarm system in the Park Hill District and to submit lii~ recommendation and report back to the City trouncil. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• map,, welu. Nays - None. ~(douncilman, Welu moved that the matter oY parking meters interier• ing With the driveways in front of t>ze Hendricks Feed Store and also qu ,the east side of Locust Street between Siath Street and Geisler Brothers be referred to the Chief Of; Police fqr investigation and re• port.,,Secgnded by Councilman Rus- so, Carried by the fallowing vote: ,,,xeas:- Mayor Wharton, Council• men iEipseo, Thompson, Van Duel• man, Welu. Nays -None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council• man Welu. 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 .................................... 1960. I Councilmen: j .................................. Attest : .......................................... City Clerk. Regular Session, December 5th, 1949 627 Board Of Health PROCEEDINGS (Official) Special Session, December 5th, 1949. Board met at 8:50 p.m. Present -Chairman Albert Wharton, Messrs. Romolo N. Ruaso, F'. W. Thompson, Frank Van Duel- man, Clarence P. Welu. Absent -City Manager Rhom• berg. Communication of Director o Y Health, Albert J. Entringer, M.D., submitting for consideration a Rat Control Ordinance, presented and read. After a discussion and consid- eration of the Rat Control Ordi- nance Mr. Frank Van Duelman moved that the Board of Health recommend that the Rat Control Ordinance be approved and sub• mitted to the City Council Yor their consideration and adoption. Second- er] by Mr. Clarence P, Welu. Car- ried by the following vote: Yeas -Chairman Albert Whar• ton, Messrs. Romolo N, Russo, F. W. Thompson, Frank Van Duelman, Clarence P, Welu. Nays -None. There being no further business 1;Zr. Frank Van Due]man moved that the Board of Health meeting adjourn. Seconded by Mr. Clarence P. ~Velu. Carried by the following vote: Yeas -Chairman Albert Whar- ton, Messrs. Romolo N. Russo, F, tV. Thompson, Frank Van Duelman, Clarence P. Welu. Naya -None. J. J. SHEA, Clerk, Board of Health. Approved ............................... 1950. Adopted ..... ...._ ................. 1950. I Members of j ........_ .......................... Bd. of Health Attest : ............. .............................. Clerk, Board of Health. 6z8 Regular Session, December 5th, 1949 City Council (OFFICIAL.) Special Session, December 6th, 1949. Council met at 9:20 p.m. Present -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu. Absent -City Manager Rhom- berg. Mayor Wharton stated that this meeting is called for the purpose of considering the recommenda- tion of the Board of Health with reference to the adoption of the Rat Control Ordinance. Ordinance No. 43-49. Rodent Con- trol Ordinance City of Dubuque, Iowa 1949. An Ordinance to pro- vide for the protection of the public health by controlling or prevent- ing the spread oP rat-borne diseases and infections by the elimination of insanitary conditions associated with such diseases, by extermina- tion of rats, and by ratproofing of structures and maintenance there- of in a ratproofed condition, pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Welu. Carved by the fallowing vote: Yeas -Mayor Wharton, Cauncil• men Russo, Thompson, Van Duel- man, Welu. Nays -None. Councilman Thompson moved that the ordinance be placed on file with the Citp Clerk Yor 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. Communication of Director o f Health, Albert J. Entringer, M.D., recommending that aland-fill type of disposal of refuse be used in- stead of the present type of dump- ing, presented and read. Council- man Welu moved that the recom- mendation of Director of Health Albert J. Entringer .be approved and the City Manager instructed accordingly. 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 busineea Councilman Thompson moved to adjourn. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• roan, Welu. Nays-None. J. J. SHEA, City Clerk. Approved ............................ ....1950 Adopted .................................... 1960 Councilmen: j .................................. Attest :................................................ City Clerk. Special Session, December 12th, 1949 629 City Council (OFFICIAL,) Special Session, December 12th, 1949. Council met at 7:30 p.m. Present-Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu. Absent -City Manager Rhom- berg, Meeting called by order of Caun• cilmen Van Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof h a d been duly made and that this meet- ing is called for the purpose of con- ducting public hearings on the na tices of levy of special assessment and intention of the City Council to issue bonds for the improvement of Balke, Por the construction of sanitary sewers in Balke, Link, Strauss and Brunswick Streets, for the construction of sanitary sewers in Lincoln and Rhomberg Avenues and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of levy of special assessment and inten• lion of the City Council to issue bonds for the improvement of Bal• ke Street from the north curb line of Lowther Street to the south curb line of Grove]and Place, presented and read. Councilman Van Duel- man moved that. the proofs of pub- lication be received and filed. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Resolution No, 328--49 Resolved by the City Council of the City of Dubuque: That to pay for the improving of Balke Street from the north curb line of Lowth- er Street to the south curb line of Groveland Place, by K-M Construc- tion Co., contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and part of lots, and parcels of real estate hereinafter named, situated and awned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Owner. Lot. Location, Assessment. John D. and Margaret C. Paine, Lot 19, Belmont Addition ................................ $147.25 Milton J. Pauly, Lot 20, Bel- mont Addition .................... 147.25 Milton J. Pauly, Lot 21, Bel- mont Addition ................... 162.25 Ivan G. & Mary A. Feltes, Lot 22, Belmont Addition.. 147.25 John E. Jr. & Marjean Zu• Cher, Lot 23, Belmont Ad- dition .................................... 147.25 Laverne E. & Helen M. Richard, Lot 24, Belmont Addition .............................. 147.25 Rebecca T, $ Louis F. Breitbach, Lot 25, Bel- mont Addition .................. 147.25 Joseph J. & Catherine M. Ellerbach, Lot 26, Bel- mont Addition .................... 147.25 Blair W. & Selma Massey, Lot 27, Belmont Addi- tion ....................................... 147.25 Russell A. & Mary L. Schueller, Lot 28, Bel- mont Addition .................... 147.25 Ethel Stephens, Lot 29, Bel- mont Addition .................. 147.25 Laverne W. & Marie A. Tar- kett, Lot 30, Belmont Ad- dition ................................... 147.25 Paul V. Howard, Lot 31, Belmont Addition ............. 147.25 Irma M. Biver, Lot 32, Bel- mont Addition ................. 186.19 John P. & Loretta Furlong, Lot 33, Belmont Addition., 162.14 Robert F. & Virginia Steir• man, Lot 34, Belmont Ad- dition .............................._... 147.25 Mettel Realty & Invest- ment Co., Lot 35, Belmont Addition ............. ................ 147.25 Aloysius J. & Lucile A. Nil- les, Lot 36, Belmont Addi- tion ....................................... 162.25 Clarence D. & Ruth Han- sel, Lat 37, Belmont Ad- dition ............................._.... 16225 Dorothy Dahl Blosch, Lot 38, Belmont Addition ...... 147.25 Ursula H. Holmes, Lot 39, Belmont Addition ..,......... 147.25 Henry H. & Lucille Hen- kel, Lat 40, Belmont Ad- dition .........:......................... 162.26 63o Special Session, December 12th, 1949 Andrew W. 6c Adele Lach- man, Lot 41, Belmont Ad- dition .................................... 147.26 Bernard M. & Doreen G.. Stelken, Lot 42, Belmont Addition .............................. 147.25 John H. & Adele Budden, Lot 43, Belmont Addi• tion ........................................ 147.27 Jacob J. & Florence Rini- ker, Lot 44, Belmont Ad- dition .................................... 14227 Edna A. Fesler, Lot 45, Bel- mont Addition .................... 162.26 Edna A. Fesler, Lot 46, Bel- mont Addition .................... 147.26 Edna A, Fesler, Lot 47, Bel - mont Addition .................. 147.26 John & Clara E. Banwarth, Lot 48, Belmont Addition.. 147.26 $4,546.44 18 sq. Yds. Driveway Con- crete @ $5.00 ..................$ 90.00 1475 Lin. Ft. Combination Curb & Gutter @ $2.58..,. 3,805.50 188 Lin. Ft. Radius Curb ® $2.58 ..............:............... 485.04 $4,380.54 3% for extra ex- penses ................... 128.72 6% interest for 52 days ........................ 37.18 $4,546.44 All of which is assessed in pro• portion to the special benefits con- ferred. Passed, adopted and approved this 12th day of December, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen, Attest: J. J. SHEA. Citp Clerk. Councilman Van Duelman moved the adoption of the resolution. Seo- onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen 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 $4,545.44 for the purpose of paying the cost of the improve- ment of Balke Street from the north curb line of Lowther Street to the south cunb line of Grove- land Place, presented and read. Councilman Thompson 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- suance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 329 • 49 Whereas, the contract heretofore entered into by the City of Du• buque for the improving of Balke Street hereinafter described, has been completed and said improve- ment has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $4,546.44 And Whereas, public notice as provided by law, has been publish- ed 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 RE- SOLVED by the City Council of the City of Dubuque that to pro- vide far the cost of the improve• ment of Balke Street from the north curb line of Lowther Street to the south curb line of Groveland Place there be issued improvement bonds to the amount of $4,546.44. Said bonds shall be issued under the provisions oP Chapter 395 of the Code of Iowa, 1946; shall bear the date of the 11th day of Janu- ary, 1950, shall be in denomina- tions of $300.00, except that there shall be one bond to the amount of $46.44, They shall be numbered from 4235 to 4250 inclusive and shall be divided into ten series, of which the bonds numbered 4236 shall constitute the first series and shall be payable the first day o[ ;~~perial Ses~iou, Decem`~.er r~th, 1949 631 April, A. B. 1951, tha':rend number- ed 4236 shall constitute the second series and shall be payable the first day of April, A. D. 1952, the bond numbered 4237 shall constitute the third series and shall be payable the first day of April, A. D, 1953, the bond numbered 4238 shall con- stitute the fourth series and shall be payable the first day of April, A. D. 1954, the bond numbered 4239 shall constitute the fifth series and shall be payable the first day of April, A. D. 1955, the bands number- ed 4240 and 4241 shall constitute the sixth series and shall be pay- able the first dray of April, A. D. 1.956, the bonds numbered 4242 and 4243 shall constitute the seventh series and shall be payable the first day of April, A. D. 1957, the bonds numbered 4244 and 4245 shall con• stitute the eighth series and shall be payable the fiat day of April, A, D, 1958, the bonds numbered 4246 and 4247 shall constitute the ninth series and shall be payable the first day of April, A. D. 1959, the bonds numbered 4248, 4249 and 4250 shall constitute the tenth ser- ies and shall be payable the first day of April, A. D. 1960. 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 levied 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 GF D:.~3UOUE 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. 195-; or any time before that date at the option of the City, the sum of ........HUNDRED DOL• LARS, with interest thereon at the rate of five per cent. per annum, payable on the presentation and surrender of the interest coupane 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 virtue of Chapter 396 of the Code of Iowa, 1946, and in accord- ance with a resolution of the City Council of said City, duly passed on the 12th day of December, 1949. This bcnd is one of a series of 16 bonds, 15 for $300.00 numbered from 4235 to 4249 inclusive, and one for $46.44 numbered 4250, all of like tenor and date, and issued for the purpose of the improvement of Balke Street from the north curb line of Lowther Street to the south curb line of Groveland Place and described in said resolution; which cost is assessable to and levied along said improvement, and i s 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 band 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 regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and dili- gence of said City of Dubuque are l;ereby 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 11th day of Janu- ary, 1950 and has authorized the use of their fac-simile signature to the interest coupons hereto at- tached. Mayor. Countersigned Veal; City Clerk. 63z Special Session, December 12th, 1949 (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 of ................ Dollars, at 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. Gauntersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bands to be prepared and when so prepared to execute said bonds, and that the City Clerk be and be is hereby instructed to register said bonds in a book to he 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 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 countersigned with the fao• simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning 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 12th day of Decem• 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 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, State of Iowa l County of Dubuque f SS. I, Richard H. LeMay, do hereby certify that on November 21, 1949, I posted copies o4 the attached ATotice of Levy of Special Assess- ment and Intention of the C i t y Council to Issue Bonds along the line of improvement for the im- provement of Balke Street from the north curb line of Lowther St. tc the south curb line of Groveland Place. Signed, Richard H, LeMay. Subscribed and sworn to before me, John J. Shea, a Notary Public, this 21st day of November, 1949. f Sea]) John J. Shea. Notary Public in and for Dubuque County, Iowa. Councilman Russo moved that the statement be received a n d made a matter of record. Second- ed by Councilman Welu. 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 inten- tion of the City Council to issue bonds for the construction of eight (8) inch sanitary sewers beginning at the existing manhole located at the intersection of Burden Avenue and Link Street and running west in Link Street to the intersection with the center line of Balke Street thence northwesterly along the centerline oY Balke Street to a point 100 feet northerly from the northerly property line of Strauss St, also beginning at the intersec- tion of the center lines of Balke and Link Streets and running west a distance of 28 feet 8 inches, also beginning at the intersection of the center line of Balke and Strauss Streets and running westerly along the center line of Strauss Street to the intersection of Brunswick Special Session, December r~th, 1949 633 Street, thence southerly in Bruns- wick Street to the intersection with the center line of Link Street, presented and read. Councilman Thompson moved that the proofs of publication be received and filed. Seconded 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. 330-49 Resolved by the City Council of the City of Dubuque: That to pay for the construction of eight (S) inch sanitary sewers in the follow- ing locations: (1) Beginning at the existing M, H. located at the inter- section of Burden Avenue and Link Streets and running west in Link Street to the intersection with the centerline of Balke Street; thence northwesterly along the centerline of Balke Street to a point 100 feet northerly from the northerly prop- erty line of Strauss Street. (2) be- ginning at the intersection of the centerline of Balke and Link Streets and running west a distance of 28 feet 8 inches. (3) Beginning at the intersection of the centerline of Balke and Strauss Streets and running westerly along the center line of Strauss Street to the inter- section of Brunswick Street; thence southerly in Brunswick Street to the intersection with the centerline of Link Street, by Thos. Flynn Coal Co., contractor, in front of and ad- joining the same, a apeciai tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, sitwated and owned, and for the several amounts set opposite each lot or parcel or real estate, as fol- lows: Owner. Lot. Location. Assessment. N. F. Schueller, Lot 1, Be]• mont Addition ....................$195.71 Gea. Scherrer, Lot 3, Bel- mont Addition .................. 156.57 Lawrence Flynn, Lot 4, Bel- mont Addition .................... 156.57 James R. &Margrita Lyons, Lot 5, Belmont Addition .. 156.57 James R. 8c Margrita Lyons, Lot 6, Belmont Addition, E '~ ........................................ 78.28 Lawrence & Jettie Flynn, Lot 6, Belmont Addition, w ~ .................................... 78.2s Lawrence Flynn, Lot 7, Bel- mont Addition .................. 156.57 John L. Nauman, Lot 9, Bel- mont Addition .................. 195.71 Albert J. & Lillian Scholtz, Lot 10, Belmont Addition 195.71 Pauline Firzloff et al. Lot 11, Belmont Addition ...,.... 195.71 Joseph & Angeline Trumm, Lot 12, Belmont Addition 195.71 Ida C. Scherrer, Lot 13, Bel- mont Addition .. ............... 195.71 Frank Schargitz, Lot 14, Belmont Addition ......... 195.71 Francis & Fay Schargitz, Lot 15, Belmont Addition 195.71 Francix & Fay Schargitz, Lot 16, Belmont Addition, S ~z ..........................._...... 97.86 Leo L. Jr. & Genevieve Hartmann, Lot 16, Bel- mont Addition, N ~ ....... 97.86 Clarence J. & Caroline May, Lot 51, Belmont Addition 195.71 Clarence J. & Caroline May, Lot 52, Belmont Addition . 195.71 Camillus R. & Harriet H. Hein, Lot 63, Belmont Ad- dition .................................... 195.71 Wm. T. & Genevieve Beu- tin, Lot 64, Belmont Addi- tion ........................................ 195.71 Wm. J. Mueller, Lot 55, Bel- mont Addition .................. 195.71 Peter A. & Frances L. Koeff, Lot 56, Belmont Addition .............................. 195.71 Wm. J. Mueller, Lot 57, Bel- mont Addition ...... ............ 195.71 Albert Eisbach, Lot 58, Bel- mont Addition ........__. 195.71 Paul E. & Lavonne Eisbach, Lat 59, Belmont Addition 195.71 Harold & Delores Riniker, Lot 60, Belmont Addition 195.71 Harold & Delores Riniker, Lot 61, Belmont Addition 195.71 Wm. J. & Greta Mueller, Lot 62, Belmont Addition 195.71 Agnes C. & Irvin J. Jogerst, Lot 58, Westview Sub...., 97.86 Agnes C. & Irvin J. Jogerst, Lot 59, Westview Sub..... 97.86 Cyril B. & Esther Kruse, Lot 60. Westview Sub....... 97.86 Cyril B. & Esther Kruse, Lot 61, Westview Sub..... 97.86 Cyril B. & Esther Kruse, Lot 62, Westview Sub..... 97.86 63~ Special Session, December 12th, 1949 Leroy C, & Dorothy L. Ave• narius, Lot 63, Westview Sub . ...................................... 97.86 Leroy C. & Dorothy L. Ave- narius, Lot 64, Westview Sub . ....................................... 97.86 Lercy C. & Dorothy L. Ave• narius, Lot 65, Westview Sub . ....................................... 97.86 Leroy C. & Dorothy L. Ave• narius, Lot 66, Westview Sub . ......... ........................,. 97.87 Leroy C. & Dorothy L. Ave- narius, Lot 67, Westview Sub . .................................. 97.87 Leroy C. & Dorothy L. Ave- narius, Lot 68, Westview Sub . ...................................... 97.87 Leroy C. & Dorothy L. Ave- narius, Lot 69, Westview Sub . ...................................... 97.87 Leroy C. & Dorothy L. Ave- narius, Lot 70, Westview Sub . ..................................... 97.87 City of Dubuque, Lot 1, 3 of Sub 11, 12, 13 of N.E. 1/a~ Sec. 13 .......................... 634.12 $6,799.11 1,215 Lin. Ft. 8" Vit. Sew- er Pipe @ $4.00 ............. $4,860.00 31 Ea. 8" x 6" Y Branches @ 6.00 .............................. 186.00 6 Ea. Conc. Manholes @ $250.00 .............................. 1,500.00 $6,546.00 3% for extra ex• penes ........................196.38 6% interest for 52 days .............:.......... 56.73 $6,799.11 onded by Councilman Welu. 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 is- sue improvement bonds in the a- mount of $6,799.11 Yor the purpose of paying the cast of the construc- tion of eight (8) inch sanitary sew- ers beginning at the existing man- hole located at the intersection of Burden Avenue and Link Street and running west in Link Street to the intersection with the center line of Balks Street, thence north- westerly along the center line of Balks Street to a point 100 feet northerly from the northerly prop- erty line of Strauss, also begin- ning at the intersection of the cen• ter line of Balks and Link Streets and running west a distance of 28 feet 8 inches, also beginning at the intersection of the center line o1 Balks and Strauss Streets and run- ning westerly along the center line of Strauss Street to the intersec- tion of Brunswick Street, thence southerly in Brunswick Street to the intersection with the center line of Link Street, presented and read. Councilman Van Duelman moved that the proofs of publica- tions be received and filed. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adapted and approved this 12th day of December, 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• (Resolution Providing for the Is- suance of Public Improvement Bonds.:) CITY OF DUBUQUE RESOLUTION N0.331~}9 WHEREAS, the contract hereto- fore entered into by the City of Du- buque for the construction of eight (8) inch sanitary sewers in Balks, Link, Strauss and Brunswick Streets hereinafter described, has been completed and said improve- ment has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $6,- 799.11. Special Session, December 12th, 1949 635 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 deter- mined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to provide for the cost of the construction oP eight (8) inch sanitary sewers in the following locations: (1) Begin- ning at the existing M. H. located at the intersection of Burden Ave• nue and Link Street and running west in Link Street to the intersec• lion with the centerline of Balks Street; thence northwesterly along the centerline of Balks Street to a point 100 feet northerly from the northerly property line of Strauss Street. (2) Beginning at the inter- section of the centerline of Balks a,nd Link Streets and running west a distance of 28 feet 8 inches. (3) Beginning at the intersection oP the centerline of Balks and Strauss Streets and running westerly along the centerline of Strauss Street to the intersection of Brunswick St.; thence southerly in Brunswick street to the intersection with the centerline of Link Street. there be issued Improvement bonds to the amount of $6,799.11, Said bonds shall be issued under the prcvisiens of Chapter 396 of the Code of Iowa, 1946: shall bear the date of the 11th day of January, 1950, shall be in denominations oP $500.00, except that there shall be one bond to the amount of $299.11. They shall be numbered from 4251 to 4264 inclusive and shall be divid- ed into ten series, of which the bond numbered 4251 shall consti- tute the first series and shall be payable the first day of April, A. D. 1951, the bond numbered 4262 shall constitute the second series and shall be payable the first day of April, A. D. 1952, the bond number- ed 4263 shall constitute the third series and shall be payable the first day of April, A. D. 1953, the bond numbered 4254 shall consti- tute the fourth series and shall be payable the first day of April, A.D. 1954, the bond numbered 4255 shall constitute the fifth series and shall be payable the first day of April, A. D, 1955, the bond numbered 4256 shall constitute the sixth series and shall be payable the first day oY April, A. D. 1956, the bond number- ed 4257 shall constitute the seven- th series and shall be payable the first day of April, A. D, 1957, the bonds numbered 4258 and 4259 shall constitute the eighth series and shall be payable the first day of April, A, D. 1950, the bonds num- bered 4260 and 4261 shall con• stitute the ninth series and shall be payable the first day of April, A. D. 1959, the bonds numbered 4262, 4263, and 4264 shall con• stitute the tenth series and shall be payable the first day of April, A. D. 1960. 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 proceeds of the special assessment levied Por 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 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, pay- able on the presentation and sur- render of the interest coupons here- to attached, both interest and prin- cipal 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 Du- buque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance wick a reso- lotion of the City Council of said 636 Special Session, December Izth, f949 City, duly passed on the 12th day of December, 1949. This bond is one of a series of 14 bonds, 13 far $500: 00 numbered from 4251 to 4263 in• elusive, and one for $299.11 num- bered 4264, all of like tenor and date, and issued for the purpose of the construction of eight (8) inch sanitary sewers in the Following la cations: (1) Beginning at the exist- ing M. H, located at the intersec• lion of Burden Avenue and Link Street and running west in Link Street to the intersection with the centerline of Baike Street; thence northwesterly along the centerline of Baike Street to a point 100 feet northerly from the northerly pro- petty line of Strauss Street. (2) Beginning at the intersection of the centerline of Baike and Link Streets and running west a distance of 28 feet 8 inches. (3) Beginning at the intersection of the center- line of Balks and Strauss Streets and running westerly along the centerline of Strauss Street to the intersection of Brunswick Street; thence southerly in Brunswick Street to the intersection with the centerline of Link Street, and des- cribed in said resolution; which cost is assessable to and levied a- long 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 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 aeries 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 Du- buque are hereby irrevocably pledg- ed. 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 aftiaed this 11th day of January, 1950, and has authorized the use of their fac-simile signature to the interest coupons hereto at• tacked. .................................................... 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 of ........ Dollars, at the office of the City Treasurer in the City of Du• buque, 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 be 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 far 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 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 countersigned with the fac-simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Special Session, December Izth, 1949 637 Adopted this 12th day of Decem- ber, 1949, Approved: ALBERT WHARTON Mayor, F. W. THOMP5ON 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. State of Iowa 2 SS County of Dubuque J I, Richard H. LeMay, do hereby certify that on November 21st, 1949, I posted copies of the attach- ed Notice of Levy of Special As- sessment and Intention of the City Council to Issue Bonds along the line of improvement for the con- struction of eight (S) inch sanitary sewers beginning at the existing manhole located at the intersection of Burden Avenue and Link Street and running west in Link Street tc the intersection with the center line of Baike Street, thence north• westerly along the centerline of Baike Street to a point 100 feet northerly from the northerly prop• erty line of Strauss Street, also be• ginning at the intersection of the center line of Baike and Link Streets and running west a distance of 28 feet 8 inches, also beginning at the intersection of the center line of Baike and Strauss Streets and running westerly along the cen- ter line of Strauss Street to the intersection of Brunswick Street, thence southerly in Brunswick Street to the intersection with the center line of Link Street. Signed, Richard H. LeMay Subscribed and sworn to ,before me, John J. Shea, A Notary Public this 21st day of November, 1949. John J. Shea Notary Public in and for Dubuque County Iowa. Councilman Thompson moved that the statement be received and made a matter of record. Seconded by Councilman Welu, Carried by the fallowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays None. Proofs of publication, certified to by the publishers, of notice oY levy oC special assessment and intention of the City Council to issue bonds for the construction of an eight (8) inch sanitary sewer in Lincoln Ave- nue from the existing manhole at the intersection of Lincoln and Rhomberg Avenues to a point 290.3 feet west, also in Rhomberg Ave- nue from the center line of Lincoln Avenue to a point 184 feet north, presented and read. Councilman Pan Duelman moved that the proof of publication be received and filed. Seconded by Councilman Russo. Carried by the Following vote: Yeas -Mayor Wharton, Counci,- men Russo, Thompson, Van Duel• man, Welu. Nays - None. Resolution No. 3329 Resolved by the City Council of the City of Dubuque: That to pay for the construction of an eight (8) inch sanitary sewer in Lincoln Av- enue from the existing manhole at the intersection of Lincoln and Rhomberg Avenues to a point 296.3 feet west; also in Rhomberg Av- enue from the centerline of Lin- coln Avenue to a point 184 feet north, by Larson Construction Com- pany, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the sev- eral Iota, sand part of lots, and par- cels of real estate hereinafter nam- ed, situated and owned, and far the several amounts set opposite each lot or parcel of real estate, as fol- lows: Owner. Lot. Location. Assessment. Chris R. Kurt, Lot 32, Mc- Craney's .Eagle P o i n t Add ................,........................$412.75 Henry Kratz, Lot 33, Mc- Craney's Eagle Pt. N 34' .......................................... 280.67 Laurence & Marie Allen Lot 33, McCraney's Eagle Point S 16' .......................... 132.09 638 Special Session, December Lath, 1849 Laurence & Marie Allen Lot 34, McCrane}"s Eagle Point ..................................... 412.75 Henry Kratz, Lot 2, Clark Sub. 3, Sub Lot 1 .......... 99.06 Henry Kratz, Lot 2A, Clark Sub 3 .................................. 196.45 Eliz. Clark, Lot 2, Clark Sub 3 .................................... 412.77 Wm. A. & Gertrude Pust, Lot 528, Hams Add........... 412.77 ;2,359.31 470.5 Lin. Ft. 8" vit, sewer @ $4.00 ............................$1,882.00 5 Era. S" a 6" Y Branches @ $9.00 ............................ 45.00 1.72 Ea. Concrete Man- holes @ $200.00 ................ 344,48 $2,271.48 Extra Expense @ 3% .......................... 68.14 6% Interest for 62 days ........................ 19.69 $2,359.31 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 12th day of December, 1949. ALBERT WHARTON, Mayor F. W. THDMPSDN, FRANK VAN DUELMAN, ROMOLO N. RUSSD, CLARENCE P. WELD, Councilmen Attest: J. J. SEEA, City Clerk Councilman Russo 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, Proofs oY publication, certified to by the publishers, of notice of the intention of the Citq Gauncil to is- sue bonds in the amount of $2,359: 31 for the purpose of paying the cost of the construction of sani- tary sewers in Lincoln Avenue from the existing manhole at the inter- section of Lincoln and Rhomberg Avenues to a point 296.3 test west, also in Rhomberg Avenue from the center line of Lincoln Avenue to a point 184 feet north, presented and read. Councilman Van Duelman moved that the proofs of publica- tion be received and filed. Second- ed by Councilman Thompson. Car• ried by the following vote; Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. (Resolution Providing for the Is• suance of Public Improvement Bonds.) RESOLUTION N0. 333 - 49 Whereas, the contract heretofore entered into by the City of Du- buque for the couatruction of an eight (8) inch sanitary sewer in Lincoln Avenue and Rhomberg Ave- nue hereinafter described, has been completed and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $2,359.31 And Whereas, public notice as provided by law, has ,been publish- ed 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 Bubuque that to provide for the cost of the construction of an eight (8) inch sanitary sewer in Lincoln Avenue from the existing manhole at the intersection of Lincoln and Rhomberg Avenues to a point 296.3 feet west; also in Rhomberg Avenue from the center- line of Lincoln Avenue to a point 184 feet north there be issued im• grovement bonds to the amount oP $2,359.31. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 11th day of Janu- ary, 1950,. shall be in denominations of $200.00, except that there shall be one bond to the amount of $159: Special Session, December lath, 1949 639 31. They shall be numbered from of ..........................Hundred Dollars, 4265 to 4276 inclusive and shall .be with interest thereon at the rate of divided into ten series, of which five per cent. per annum, payable the bond numbered 4265 shall con• on the presentation and surrender stitute the first series and shall be of the interest coupons hereto at- payable the first day of April, A.D, tached,'both interest and principal 1951, the bond numbered 4266 shall are payable at the office of the constitute the second series and City Treasurer in the City of Du- shall be payable the first day of buque in the State of Iowa. This April, A. D. 1952, the bond number- bond is issued by the City of Du• ed 4267 shall constitute the third buque pursuant to and by virtue series and shall be payable the first of Chapter 396 of the Code of Iowa, day of April, A.D. 1953, the bond 1946, and in accordance with a numbered 4268 shall constitute the resolution of the City Council of fourth aeries and shall be payable said City, duly passed on the 12th the first day of April, A. D. 1954 day of December, 1949. This bond the bond numbered 4269 shall con- is one of a series of 12 bonds, 11 stitute the fifth series and shall be for $200.00 numbered from 4205 to payable the first day of Alntil, A. D. 4275 inclusive, and one for $159.31 1955, the bond numbered 4270 shall numbered 4276, all of like tenor constitute the sixth series and shall and date, and issued for the pur- be payable the first day of April, pose of the construction of an eight A.D. 1956, the bond numbered 4271 (8) inch sanitary sewer in Lincoln shall constitute the seventh series Avenue from the existing manhole and shall be payable the first day i at the intersection of Lincoln and of April, A. D. 1957, the bond num- Rhomberg Avenues to a point 296.3 bered 4272 shall constitute the feet west; also in Rhomberg Ave- eighth series and shall be payable rue from the centerline of Lincoln the first day of April, A.D, 1958, Avenue to a point 184 feet north the band numbered 4273 shall con- , and described in said resolution; stitute the ninth series and shall ~ which cost is assessable to and be payable the first day of April, ~ levied along said improvement, and A.D. 1959. The bonds numbered 42- is made by law a lien on all abutt- '74, 4275 and 4276 shall constitute ~, ing or adjacent property, and pay the tenth series and shall be pay- ~ able in ten annual installments, able the first day of April, A.D. ; with interest on all deferred pay- 1960. meats at the rate of five per cent. Said bonds shall bear interest at ! Per annum, and this bond is pay- the rate of five per cent. per an-' able only out of the money derived num which interest shall .be pay- ' from the collection of said special able semi-annually, in accordance ' tax, and said money can be used with the terms of the coupons ~ for no other purpose. And it is thereto attached; and said bonds ', hereby certified and recited that shall be payable out of the pro- all the acts and conditions a n d ceeds of the special assessment things to be done precedent to and levied for said improvement. in the issuing of this series of Both principal and interest shall bonds, have been done, happened be payable at the office of the City and performed in regular and due Treasurer in the City of Dubuque. ' form as required by said law and Said bonds shall be substantially , resolution; and for the assess- in the following form: ~ meats, collections, and payment No . ................. .... . hereon of said special tax, the faith .. .. .. Series No . ..................... and diligence of said City of Du• i buque are hereby irrevocably pledg- n 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 In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed bq its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 11th day of Janu- 64o Special Session,, December Lath, Ig49 ary, 1950, and has authorized the use of their fac-aimlle signature to the interest coupons hereto attach- ed. Mayor. ....................... Countersigned (Seal) (FORM OF COUPON) On the ............day of ..................A. D, 19-, the Gity of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum oY .......................Dollars, at the office of the City Treasurer in the City of Dubuque, being .......... months in- terest 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 C i t y Clerk be and he is hereby instruct- ed 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 regis- ter 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 as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fa'c•simile signature of the Mayor and countersigned with the fac• simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as East as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall 'be called and retired ir. the same order as numbered. Adapted this 12th day of Decem- ber, 1949, Approved: ALBERT WHARTON Mayor. F. W. THOMFSON 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 Van Duelman. Carried by the following vote: Yeas - Mayor Wharton, Councib men Russo, Thompson, Van Duel- man, Welu. Nays - None. State of Iowa 1 SS County of Dubuque J I, Richard H. LeMay, do hereby certify that on November 21, 1949, I posted copies of the attached Notice of Levy of Special Assess- ment and Intention of the C i t y Council to Issue Bonds along the line of improvement for the con• struction of an eight (8) inch sani- tary sewer in Lincoln Avenue from the existing manhole at the inter- section of Lincoln and Rhomberg Avenues to a point 286.3 feet west, also in Rhomberg Avenue from the center line of Lincoln Avenue to a point 184 Yeet north. Signed, Richard H. LeMay. Subscribed and sworn to before me, John J. Shea, a Notary Public this 21st day of November, 1949. JOHN J. SHEA, (Seal) Notary Public in and for Dubuque County, Iowa Councilman Russo moved t h a t 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. 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 Special Session, December lath, 1949 641 the Council. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of Spiros and Gust Bogas requesting a refund in the amount of $150.00 on the unexpired portion of their Class "B" Beer Permit No. 110 as they have discontinued busi- ness on December 5, 1949, present- ed and read. Councilman Thomp- son moved that the request be granted and the City Auditor in- structed to draw a warrant in the amount of $150.00 in favor of Spiros and Gust Bogas to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 110. 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 Guat Bogas, requesting a refund in the amount. of $50.00 on the unexpired portion of their Cigarette Permit No. 283, as they have discontinued business on December 5, 1949, pre• rented 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 to cover the amount of refund granted on the unexpired portion of their Cig• arette Permit No. 283, Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu, Nays -None. Petition of Mr, and Mrs, Harold McMahon requesting that Council authorise the immediate installa- tion of a light at the intersection of Rosedale Avenue and the alley ~, which adjoins St. Anthony's School, presented and read. Councilman Russo moved that the petition .be referred to the Council to view the grounds. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays - None. Ordinance No. 40-49. An Ordi• Hance vacating Bellevue Street from Blake Street easterly to the end of Bellevue Street in the City of Dubuque, Iowa, said ordinance having been passed upon first read- ing on December 5th, 1949, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 40 49 An Ordinance vacating Bellevue Street from Blake Street easterly to the end of Bellevue Street in the City oP Dubuque, Iowa. Whereas, Bellevue Street from Blake Street easterly to the end thereof in the City oP Dubuque, Iowa, is of no value for public use, and, Whereas, a petition has been filed by Mettel Realty & Invest- ment Co, requesting the vacation of that part of Bellevue Street de- scribed in plat of date October 5, 1948, as Lot A of Bellevue Street in the City of Dubuque, Iowa, and, Whereas, a plat has been prepar- ed showing the part of Bellevue Street in the rear of the premises owned by Mettel Realty Invest- ment Co. described as Lot 1 of Mineral Lot 93 B in said City, and which part of said Bellevue Street is now described according to said plat as Lot A of said Bellevue Street, and, Whereas, an Ordinance adopted January 1, 1931, and being No. 31- 30, in the intended vacation oY Bellevue Street, contained an erroneous description. Now Therefore, .be it ordained by the City Council of the City of Dubuque, Iowa: Sec. 1. That that part of Bellevue Street described as Lot A of Belle• vue Street as shown by plat dated October 5, 1948, and recorded in Book 17 page 177 of the Records of Dubuque County, Iowa, is now vacated. Sec. 2. That the portion of said vacated street is hereby granted to the owner of the lot on the South 64z Special Session, December 12th, 1949 thereof, to-wit: Mettel Realty & Investment Co. and which lot is described as-Lot 1 of Mineral Lot 93 B in said City of Dubuque. Sec. 3. That the Clerk be and he is hereby directed to record this Ordinance in the office of the Re- corder of Dubuque County, Iowa. Sec. 4. The Mayor and Clerk are hereby authorized and directed to execute, acknowledge and deliver to the said Mattel Realty Invest- ment Co. a deed conveying said Lot A of Bellevue Street. Sec. 5. This Ordinance shall be in force and effect ten days after final passage and adoption by the City Council and publication as pro- vided by law and when the cost thereof has been paid for by the applicant. Passed upon ftrat reading this 5th day of December, 1949. Passed, adopted and approved upon final reading this 12th day of December, 1949, ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELD Councilmen. Attest: J. J. SHEA City Clerk. Published officially in The Tele- graph-Herald newspaper this 15th day of December, 1949. J. J. Shea City Clerk. ORDINANCE N0. 41-49 An Ordinance changing the name of Platt Street to Mazzuchelli Road. Be It Ordained by the City Coun- cil of the City of Dubuque: 1. That the name of Platt Street (which extends from James St., to the east line of Cardiff Street extended) in the City of Dubuque, lows, be and the same is hereby changed to Mazzuchelli Road. 2. That upon final passage and adoption of this ordinance, a copy thereof shall be certified and filed with the County Recorder a n d County Auditor of Dubuque County, [owa, and be entered of record in the Recorder's Offtce in accord- ance with the law. 3. This ordinance shall be in force and effect ten days Prom and after its final passage by the City Council and publication as provid• ed .by law. Passed upon first reading this 5th day of December, 1949. Passed and adopted and ap- proved upon final reading this 12th day of December, 1949. ALBERT WHARTON Mayor, F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA C4ty Clerk. Published officially in The Tele- graph-Herald newspaper this 154h day of December, 1949. J. J. Shea City Clerk, Councilman 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. 41.49. An Ordi- nance changing the name of Platt Street to Mazzuchelli Road, said ordinance having been passed upon first reading on December 5th, 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 flAal adoption. Councilman Thompson moved the adoption of the ordinance. Sec• onded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Ordinance No, 42.49. An Ordi- nance designating West 4th Street from the west line of Locust Street to the east line of Main Street a "Through Street", providing for the erection of stop signs and a pen• alty for the violation of the terms hereof, said ordinance having been passed upon first reading on De- cember 5th, 1949 and ordered plac- Special Session, December 12th, 1949 643 ed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 42-49 An Ordinance designating West 4th Street from the west line of Locust Street to the east line of Main Street a "Through Street;' providing for the erection of atop signs and a penalty for the viola~ lion of the terms hereof. Be I~t Ordained by the City Coun• cil of the City of Dubuque: Section 1. That West 4th Street from the west line of Locust Street to the east line of Main Street is hereby designated as a "Through Street." Section 2, That stop signs shall be erected on the streets entering into West 4th Street where the same has been designated a "Through Street." Section 3. That any and all ordi• nances or parts thereof in conflict herewith are hereby repealed. Section 4. That any person, firm or corporation violating any of the provisions of this Ordinance shalt be deemed guilty oP a misdemean- or, and upon conviction thereof shall be punished by a fine of not to exceed one hundred ($100.00) dollars or by imprisonment not more than thirty (30) days. Section 5. That this Ordinance shall be in farce and effect ten (10) days from and after its final passage, adoption and approval by the City Council and publication as by law provided. Passed upon first reading this 5th day of December, 1949. Passed, adopted and approved upon final reading this 12th day oY December, 1949. _ ALBERT WHARTON Mayor. F, W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Published officially in The Tele• graph•Herald newspaper this 15th day of December, 1949. J. J. Shea City Clerk. Councilman Russo moved the adoption of the ordinance. Second• ed by Councilman Welu, Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel• man, Welu. Nays -None. Ordinance No: 43.49. Rodent Con- trol Ordinance City oP Dubuque, Iowa, 1949. An Ordinance to pro- vide For the protection of the public health by controlling or prevent4ng the spread of rat~borne diseases and infections by the elimination of insanitary conditions associated with such diseases, by extermina- tion of rata, and by ratproafing of structures and maintenance there- of in a ratproofed condition, said ordinance having been passed upon first reading on December 5th, 1949 and ordered placed on file with the City Clerk for public inspec- tion for at least one week before Its final adoption, was presented for final adoption. ORDINANCE N0. 43-49 RODENT CONTROL ORDINANCE City of Dubuque, Iowa, 1949 An ordinance to provide for the protection of the public health by controlling or preventing t h e spread of rat-borne diseases and infections .by the elimination of in- sanitary conditions associated with such diseases, by extermination of rats, and by rat-proofing of atruc- turea and maintenance thereof in ratproofed condition. Be it ordained by the City Coun- cil of the City of Dubuque; Section (1). That for the purpose of this ordinance the fallowing definitions shall apply: (A) The term "business build- ings" shall mean any structure, whether public or private, that is adapted for occupancy for trans- action of business, for rendering of professional service, for amuse- ment, Por the display, sale or stor- age of goods, wares, or merchan- dise, or for the performance of work or labor, including hotels, apartment 'buildings, tenement houses, rooming houses, office build buildings, public buildings, stores, theaters, markets, restaurants, ab• batoirs, grain elevators, workshops, 644 Special Session, December lath, 1949 warehouses, factories, and all out- houses, sheds, barns and other structuree on premises used for tusiness purposes. (B) The term "ratproofing" as used herein applies to a form of construction to prevend the ingress of rats into business buildings from the exterior or from one business building or establishment to an• other. It consists essentially of treatment with material, imperviou vious to rat gnawing all actual or potential openings in exterior walls ground or first floors, .basements, roof and foundations, that may be reached by rata from the ground by climbing or by burrowing. (C) The term "rat harborage" shall mean any condition which provides shelter or protection for rata, thus favoring their multipli- cation -and continued existence in, under, or outside of any structure. (D) The term "rat eradication" means the elimination or eatermin• a•tion of rats within building by any or all of the accepted measur- es, such as; poisoning, fumigation, trapping, clubbing, etc. (E) The term "Health Officer" as used herein moans the Superin- tendent, Commissioner or Director of Health or any duly authorized representative. (F) The term "owner" shall mean the actual owner, agent or custodian of the business building, whether individual partnership, or corporation. The lessee shall be construed as the "Owner" for the purpose oP this ordinance when business buildings agreements hold the lessee responsible for mainten- ance and repairs. (G) The term "occupant" as used herein shall mean the individual, partnership, or corporation t h a t uses or occupies any business build- ing or gart, or fraction thereof, whether the actual owner or ten• ant. In the case of vacant business buildings or vacant portions there- of, the owner, agent, or custodian shall have the responsibility a s occupant. Section (2), That it is hereby ordained and required that all busi• ness buildings in the City of Du- buque shall be ratproofed, freed of rats, and maintained in a ratproof and rat-free condition to the satis- faotion of the Health Officer. Section (3), That upon receipt of written notice and-or order fmm the Health Officer the owner of any business building specified therein shall take immediate mess~ urea for rat-proofing the building, and that unless said work and im- provements have been completed by the owner in the time specified in the written notice, in event to be less than fifteen (15) days, or within the time to which a written extension may have been granted by the Health Officer, then the owner shall be deemed guilty of an offense under the provisions of this ordinance. Section (4). That whenever the Health Officer notifies the occu- pant or occupants of a business building in writing that there is evidence of rat infestation of the building, said occupant or occu- pants shall immediately institute rat eradication measures and shall continuously maintain such meas- ures in a satisfactory manner until the premise is declared by the Health Officer to be free of rat infestation. Unless said measures are undertaken within .five (5) days after receipt of notice, it shall be construed as a violation of the pro- visions oY this ordinance and occu- pant shall be held responsible there for. Section (5). That the Owners of all ratproofed business buildings are required to maintain the prem- ises in a ratproof condition and to repair all breaks or leaks that may occur in the ratproofing without a specific order of the Health Of- ficer. Section (8). That from and after passage of this ordinance the FIealth Officer is empowered to make unannounced inspections of the interior and exterior of busi- ness buildings to determine full compliance with Chia ordinance, and the Health Officer shall make periodic inspection at intervals of not more than forty-five (46) days oP all ratproofed buildings to deter- mine evidence of rat infestation and the existence of new breaks Special Session, December lzth, 1949 645 or leaks in their ratproofing and when any evidence is found indicat• ing the presence of rats ar open- ings through which rats may again enter 'business buildings, t b e Health Officer shall serve t h e owners or occupants with notice and-or orders to abate the candi• tions found. Section (7). That whenever con• ditions inside or under occupied business buildings provide exten• sine harborage for rats (in the opinion of the Health Officer) said Health Officer is empowered, after due notification in accordance wi-th Section (3), to close such business luildings until such time as the conditions are abated by ratproof- ing and harborage removal includ- ing, if necessary, the installation of suitable concrete floors in base- ments or replacement of wooden first ar ground floors with con- crete or other major repairs neces- sary to facilitate rat eradication. Section (8). That whenever con- ditions inside or under unoccupied business building provide exten- sive harborage for rats (in the opinion of the Health Officer) said Health Officer is empowered to require compliance with the pro- visions of Section (3) above and, in the event that said conditions are not corrected in a period of sixty (80) days, or within the time to which a written extension may have been granted by the Health Officer, the Health Officer is em- powered to institute condemnation and destruction proceedings. Section (0). That it shall be un- lawful under the provisions of this ordinance for the occupant, owner, contractor, public utility company, plumber or any other person to remove and fail to restore in like condition the rat-proofing from any business building for any purpose. Further, it shall be unlawful for any person or agent to make any new openings that are not closed or sealed against the entrance of rats. Section (10). It shall be unlawful for any person, firm or corporation hereafter •to construct, repair or remodel any building, dwelling stable or market, or other struc- ture whatsoever, unless such con- struction, repair, remodeling or in• stallation shall render the building or other structure ratproof in ac- cordance with the regulations pre- scribed herein and hereunder. The provisions oP this Section apply only to such construction, repairs, remodeling or installation as affect the ratproof condition of any build- ing or other structure. Section (11). It shall be unlawful for any person, firm or corporation hereafter to occupy any new or existing business building wherein foodstuffs are to be stored, kept, handled, sold, held or offered for sale without complying with Sec- tion (10) of this ordinance; and unless the provisions oR this Sec- tion are complied with no city license or permit to conduct or carry on such .business as defined above will be issued. Section (12). That all food and feed within the City of Dubuque for feeding chickens, cows, pigs, horses, and other animals shall be stored in rat-free and ratproof con• tainers, compartments, or rooms unless stored in a ratproof building. Section (13). That within the corporate limits of the City of Du- buque all garbage or refuse consist- ing of waste animal or vegetable matter upon which rate may feed, and all small dead animals, shall be placed and stored until collec- ted in covered metal containers of a type prescribed by the Health Officer. It is further declared un• lawful for any person, firm, or cor- poration to dump or place on any premise, land or waterway, any dead animals, or any waste vege- table or animal matter of any kind. Section (14). That it shall be unlawful for any person to place, leave, dump, or permit to accumu- bate any garbage, rubbish or trash in any building or on any premise, improved or vacant, or on any open lot or alley in the City of Dubuque so that same shall or may afford food or harborage for rats. Section (15). That It shall be un- lawful for any person to permit to accumulate on any premise, im- proved or vacant, or on any open lot or alley in the City of Dubuque any lumber hoses, barrels, bottles, cans, containers or similar material 646 Special Session, December 12th, 1949 that may be permitted to remain thereon unless same shall .be placed on open racks that are elevated not less than eighteen (18) inches above the ground, and evenly piled or stacked. Section (16). Penalty: Any per- son, firm, or corporation who shall violate any provision or provisions of this ordinance shall be deemed guilty oY a misdemeanor and upon conviction shall be punished by a fine of not more than One Hundred dollars ($100) ar imprisonment of not more than Th4rty days (30). Each day's violation shall con- stitute aseparate offense. Section (17). Repeal Clause: Ail ordinances or partx of ordinance in conflict herewith are hereby re• pealed to the extent of such con- flict only. Section (18). Savings Clause: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be un- constitutional, void, or invalid, the validity of the remaining portions of this ordinance shall not be effec- ted thereby. Section (19), This Ordinance be- ing deemed urgent and far the promotion and preservation of the health, comfort and convenience of the inhabitants of the City of Du- buque, shall be in force and effect flour and after its final passage it and adoption by the City Council of the City of Dubuque and publica- tion as provided by law. Passed upon first reading this 5th day of December 1949. Passed, adopted and approved upon final reading this 12th day of December, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUS5O CLARENCE F. WELU Councilmen. Attest: J. J. SHEA City Clerk. Published officially in The Tele- graph-Herald newspaper this 15th day of December, 1949. J. J. Shea. Clty Clerk, Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman We1u. Carried by the fallowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. I December 8th, 1949 Dubuque, Iowa. To the Honorable Mayor and Members of the City Council City of .Dubuque, Iowa Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1946, the Civil Service Commission con- ducted acompetitive examination for the purpose of creating an eligi- ble list for the. position Food and Restaurant Inspector, said examina- lion being held December 7th, 1949. The Civil Service Commission herewith submits the names of those who passed this examination with an average of 70 per cent or better. Name Average John J. Murphy ....................... 97% George Duscher ....................94>~% Merlin Duccini ..........................93% Louis Monfordini .......................89% Wm. J. Marshall ......................85~y% Evelyn Waggoner ......................84% Modwena M. Huss ......................83% Alice R. Haupert ....................82~% Dolores Chapman ......................81% Joseph A. Collins ......................81% Karl W. Williams .................~....81% Sally Wright ................................81% Eleanor L. Harker ...................72% C. S. Harker Chairman E. B. Lyons E. J. Kean Commissioners, Attest: J. J. Shea Clerk. Sµbscribed and sworn to before me a Notary Public this 8th day of December, 1949, Geraldine L. Jeni Notary Public Councilman Van Duelman moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Special Session, December 12th, 1949 647 December 12, 1949 Mayor Albert Wharton and Mem- bers, oP the City Council of the City of Dubuque, Iowa. Honorable Sirs: I have made a survey of the Park Hill District, relative to the instal- lation of Fire Alarm Boxes, and have found that this area is well covered by private telephones. However, if additions are to .be made to our Fire Alarm System, that the recommendations of the National Board of Fire Underwrit- ers, as a result of their survey made in Dubuque in July 1946, be follow- ed. In the principal mercantile dis- trict and in most of the more im- portant manufacturing districts boxes are well distributed. Else- where in the city distribution is generally poor, some closely-built sections having no boxes. Their recommendations are as follows: That additional boxes be installed so that a box will be vis- ible from and within 500 feet of every building in high-value dis- tricts and within 800 feet of every building in other closely built-up districts. Respectfully submitted, Thos. C. Hickson, Chief of Fire Dept. Councilman Russo moved that the communication of Fire Chief Hickson be referred to the Council and the Fire Chief invited to attend the next meeting of the City Coun- cilfor the purpose of discussing his communication and report. Second- ed by Councilman Welu. Motion lost by the following vote: Yeas -Councilmen Russo and Welu. Nags -Mayor Wharton, Council- men Thompson and Van Duelman. Councilman Thompson moved that the matter of the installation of fire alarm boxes in the City of Dubuque be referred to the City Manager and Fire Chief for their recommendation and report to be submitted to the City Council at their next meeting. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. December 10, 1949 Honorable Mayor and the City Council, Dubuque, Iowa. Gentlemen: At a session of the City Council of the City of Dubuque, Iowa held December 5, 1949 the following mo- lions were adopted: That the petition of E. H. Elling- house and others, residents and property owners in the 500 block on Rhomberg Ave., asking for a change in parking regulations im the 500 block on Rhomberg Avenue be referred to the Chief of Police for recommendation and report. That the matter of parking me- ters interfering with the driveways in front of Hendricks feed store and also on the East aide of Lo- cust Street between sixth Street and Giesler Brothers, be referred to the Chief of Police for-investiga- tion and report. In the case of the 500 block on Rhomberg Avenue I find that at this limo during the early morning and during the day there is no long time parking exhausting the street curb parking, however that Yrom approximately 6:00 p. m. till 1:00 a. m. there is great congestion iu this area. There is a tavern on Rhomberg and Johnston, and at Rhomberg and Kniest there are two taverns, which accounts for the congestion during the hours men- tioned. From personal observance during the summer months it is my belief that during the summer there was greater congestion. Dur- ing the winter many persons store their cars. It is my recommenda- tion that there be no change at this time, however next year when conditions are different I would suggest a careful study of this con- dition on the 500 block on Rhom- berg Avenue. In the case of the Hendricks Feed Store, 880 Central Avenue, there is a large wide driveway en- tering the building from the Cen- tral Avenue side which is used al- most exclusively by this company for loading and unloading feed; this being accomplished by driving Into the building. The alley in the rear of this building is 20 feet wide not wide enough to make it suitable 648 Special Session, December 12th, 1949 for loading purposes, It is my rec- ommendation that this driveway be made accessable to this company by removal of the parking meter in front of this driveway, In the case of the driveway on the East side of Locust Street I find that the complainants live at 572 Locust Street. This building is occupied as a residence and by roomers. This location is in an area oP great desirability so far as curb parking goes, being located across the street Prom the Post Office and in close proximity to the larger business district of the City. There are same features of this driveway which make it impractical to use. The vacant space to the south of this building and belonging to this property measures 7 feet and 10 inches. The normal overall width of present day cars is approx- imately 0 ft. and 4 in, Immediately out in front of this vacant space and opposite its southerly most part is a large tree, the base of which measures 3 ft. and 10 in, The driveway itself begins 5 ft. and 8 in. to the north of the south side of the residence, this much in front of the building. To drive into this driveway it would be necessary to drive south on the wrong aide of the street in the face of on coming traffic to get into it. It could not be negotiated by driving with the traffic northerly and turning into it. Locust Street is a busy thor- roughfare. The drive in space in front of this driveway which is open measures approximately 4 ft. 2 in. (See Attached sketch) Insofar that the building adja- i cent to this driveway is occupied as a residence, and that there is accessability from the rear (29 ft. 4 in. alley), and due to the greater demand for cunb parking in this area, and of the particular features of this driveway it is my recom- mendation that no change be made in this case, Respectfully yours, Jas. H. Strub, Chief of Police. Councilman Russo moved that the recommendations of Chief of Police Strub be adopted. Seconded by Councilman welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. November 22, 1949 Honorable Mayor and City Council City of Dubuque, Iowa Gentlemen: On May 2, 1949, the plans and ~'i specifications for a Water Soften- ing Plant proposed to be built as an addition to the existing Eagle Point Station were submitted to your Honorable Body. Your action at that time was to refer the mat- ter to your Councii Yor further con- sideration. Recently, the Council after due consideration, indicated its desire to proceed with this project. Here- with submitted are appropriate res- olutions: (1) Providing for the approval of the proposed plans, specifications and form of contract and ordering these matters filed with the City Clerk for public inspection. (2) Ordering the construction and directing the City Clerk to ad- vertise for bids. (3) Fixing a time for a public hearing for 7:30 o'clock p. m. on January 25, 1950. we hereby recommend the pas- sage of the resolutions above re• terred to since they are the neces- sary preliminary in the develop- ment of the Water Softening proj- ect. Respectfully submitted, A. A. Rhomberg City Manager J. J. Hail Superintendent Councilman Thompson moved that the recommendation of City Manager Rhomberg and water Su- perintendent Hai] be approved. Seconded by Mayor Wharton. Car• ried by the following vote: Yeas -Mayor Wharton, Council- men Thompson and Van Duelman. Naye -Councilmen Russo and welu. RESOLUTION N0. 334-~39 Preliminary approval of proposed plans, specifications, form of con- tract and ali other documents for to construct a Water Softening Plant Special Session, December lath, 1949 649 as an addition to the existing Eagle Point Station, estimated cost $710,000.00, presented and read. Councilman Thompson moved the adoption of the resolution. Second- ed by Mayor Wharton. Carried by the following vote: Yeas -Mayor Wharton, Council- men Thompson and Van Duelman. Nays -Councilmen Russo and Welu. RESOLUTION N0. 335--49. RESOLUTION providing for a notice of hearing on proposed plans, specifications and form of contract for constructing improvements and extensions to the municipal water- works in and Yor the City of Du- buque, Iowa, and providing far tak- ing bids in connection therewith. Whereas it is necessary and de• sirable that the municipal water- works of the City of Dubuque, Iowa, be improved and extended and pro- posed plans, specifications a n d farm of contract for constructing said improvements and extensions have been prepared by the Con- soer, Townsend & Associates, Con- sulting Engineers, and are now on file in the office oY the City Clerk; and Whereas it is necessary to fix a time and place of hearing on said proposed plans, specifications and form of contract, to provide for taking bids in connection therewith and to give notice thereof; Now, Therefore, Be It and It Is Hereby Resolved by the City Coun- cil of the City of Dubuque, Iowa, `as follows: Section 1. That the 25th day of January, 1960, at 7;30 o'clock p.m. at the Council Chamber in the City Hall, in the City of Dubuque, Iowa, is hereby fixed as the time and place of hearing on the pro- posed plane, specifications and form of contract for constructing im- provements and extensions to the municipal waterworks in and for the City of Dubuque, Iowa, and also as the time and place for taking bids in connection therewith. Section 2. That the Mayor and City Clerk are hereby authorized and directed to give notice of said hearing on said proposed Plana specifications and form of contract and of taking said bids for the construction of said improvements and extensions by publication of such notice once each week for two consecutive weeks in the Tele- graph-Herald, a newspaper publish- ed and of general circulation in said City of Dubuque, Iowa, and in like manner in the Register and Tribune, a newspaper published in Dea Moines, Iowa, and of general circulation in the State of Iowa, the first of which publications in each newspaper shall be at least thirty days prior to the time of said hearing, all in conformity with the provisions of Section 397.16 of the Code of Iowa, 1946. Said notice shall be in substantially the follow- ing form: Notice of Public Hearing on Proposed Plans, Specifications and Proposed Form of Con- tract For the Construction of Improvements and Extensions to the Municipal Waterworks oP the City of Dubuque, Iowa, and of the Taking of Bids Therecn. Notice is hereby given that the City Council of the City of Du- buque, Dv;buque County, State of Iowa, will meet at the Council Chamber in the City Hall, Dubuque, Iowa, on the 25th day of January, 1950, at 7:30 o'clock p.m., at which time and place the Council pro- poses to adopt plans and specifica- tions and form of contract and to receive bids for the construction of improvements and extensions to the municipal waterworks of said City and to enter into a contract or contracts for the construction thereof. The construction of the proposed improvements and exten- sions consists in general of the following: The construction complete and in operation of an eight million gallon per day capacity Water Softening Plant, including chemi- cal head house and reaction basin structures, filter and softening plant equipment, piping, valves, washwater tanks, chemical tanks outside piping, electrical, plumb- ing and heating. Also included is the removal and disposition, re- modeling or relocation of some existing facilities. The concrete u~ 65o Special Session, December lath, 1949 for six of the eight filter boxes is already in place, including the building housing these filters. All in accordance with the pro• posed plans and specifications and proposed form of contract now on file in the office of the City Clerk of Dubuque, Iowa, which plans and specifications and form of contract are hereby made a part hereof the same as if set out in full and are referred to fora more detailed de- scription oP the work to be done and the materials to be furnished and the terms and conditions there- of. Copies of the plans and specifica- tions, form of contract and proposal forms are now on file and available for inspection at the office of the City Clerk in the City Hall, Du- buque, Iowa, and at the offices of Consoer, Townsend Associates 351 East Ohio Street, Chicago 11, Illinois. Copies of documents may be obtained for bidding purposes by depositing $25.00 with the City Clerk for each set of documents. The full amount of the deposit for one set of documents will be re- funded to each actual ,bidder who returns the plans in good condition to the City within ten (10) days after opening of proposals. One- half (}) of all other deposits will be refunded for each set of com- plete documents, including plans returned to the City, All proposals must be submitted on bid forms furnished by the City Clerk as a part of the speciflca- tiona. No bid may be withdrawn after the opening of proposals with• out the consent of the City of Du- buque, Iowa, for a period of thirty (30) days after the scheduled, time of closing bids. At said hearing, the City Council will consider the plans and specifi- cations and the proposed form of contract, the same now being on file in the office of the City Clerk, reference to which is made for a more detailed and complete de- scription of the proposed improve- ments, and will receive and con- sider any objections to said plans and apecificatione and form of con- tract made by any interested party. The cost of constructing said im- provements and extensions will be paid in cash out of the proceeds of the sale of Water Revenue Bonds issued by the City. These bonds are not general obligations nor pay- able in any manner out of taxa- tion, but are payable solely and only out of the Future net revenues of the Municipal Waterworks. Pay- ment will ,be made to the con- tractor or contractors. as the work progresses upon monthly estimates as described in the specifications. The successful bidder will be re- quired to furnish a performance bond in an amount of 100 percent of the contract price. Construction shall be started within 30 days after the award of contract, and shall be completed within 300 days thereafter, all sub- ject to unavoidable delays. All proposals shall be accampa- nied by a certified check or bank draft drawn on a solvent bank in the State of Iowa or a satisfactory bid bond, in an amount not leas than five per cent (5 percent) of the amount of the bid, which securi- ty shall be forfeited if the bidder fails or refuses to enter into con• tract or to furnish bond after his proposal has been accepted .by the Clty Council. The City Council hereby reserv- es the right to reject any or all bids, to waive informalities and to enter into such contract or con- tracta as it shall deem to be to the best interest of the City. Neither the contract or contracts for said improvements and exten- sions nor the Water Revenue Bonds proposed to be issued as aforesaid shall constitute general obligations of the City nor secured by or pay- able in any manner by taxation, but shall be payable solely from future net revenues of the munici- pal waterworks system and secured by a pledge of said net earnings. By virtue of statutory authority, preference will be given to labor, products and provisions grown and produced within the State of Iowa. ALBERT WHARTON MAYOR: Attest: J. J. SHEA, City Clerk. Section 3. That all provisions set out in said form of notice are hereby recognized and prescribed Special Session, December 12th, 1949 651 by this Council and that all resolu- lions or orders or parts thereof to the extent same may be in con- flict herewith are hereby repealed: Passed and approved December 12th, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN Councilmen. Attest: J. J. SHEA City Clerk, Councilman Thompson moved the adoption of the resolution. Sec- onded by Mayor Wharton. Carried by the following vote: Yeas -Mayor Wharton, Council• men Thompson and Van Duelman. Nays -Councilmen Russo and Vl'elu. There being no further buaineea Councilman Thompson moved to adjourn. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. J. J. SHEA City Clerk. Approved ............................... 1950. Adopted .................................. 1950. Councilmen ................................... ...................................... Attest :........................... City Clerk. 652 Special Session, December 23rd, 1949 City Council (Official) Special Session, December 23rd, 1949. Council met at 4:00 p.m. Present - Mayor Wharton, Coun- cilmen Russo, Van Duelman, Welu. City Manager Rhomberg. Absent -Councilman Thompson Meeting called by order of Coun- cilmen Welu and Van Duelman. Mayor Wharton read the call and stated that service thereof h a d been duly made and that this meeting is called for the purpose or discussing the purchase of off- street parking lot and acting on any other business as may properly come before a regular meeting of the C1ty Council, December 23. 1949. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Attached hereto is an offer on the part of Emily P, and Thomas M. Stampfer to sell lots 208, 207 and the south half of 206 in the original Town of Dubuque for the sum of $40,000.00. Aa you know, this property located on the north- east corner of Ninth and I o w a Streets forms a part of the area that has been considered desirable for use as an off-street parking lot. I recommend that this property be purchased by the City. A form of Resolution providing for such purchase is herewith submitted and its passage is recommended. Respectfully submitted, A. A, Rhomberg, City Manager, Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Mayor Wharton. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Van Duelman, Welu. Nays -Councilman Russo. Absent -Councilman Thompson RESOLUTION N0. 336--49 Whereas it is the considered judgment of the City Council of the City of Dubuque, Iowa that pro- vision be made for the parking of motor vehicles off the street, and Whereas Lota 208, 207 and the south halt of 206 in the original Town of Dubuque are considered to be well located for the off- street parking of vehicles, and Whereas the City Council con• eiders it necessary and expedient that the above described property be acquired by the Municipality, Naw, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa that Lots 208, 207 and the south half of 206 in the original Town of Dubuque be purchased from Emily and Thomas M. Stampfer for the sum of $40,000.00, and Be It Further Resolved that there is hereby appropriated from the Parking Meter Fund the sum of $40,000.00 to be paid to the above named owners upon the convey- ance of merchantable title. Passed, adopted and approved this 23rd day of December, 1949. ALBERT WHARTON Mayor. FRANK VAN DUELMAN 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 Van Duelman, Welu. Nays -Councilman Russo, Absent -Councilman Thompson. Ordinance No. 44-49. An Ordi- nance providing terms and condi- tiana upon which the fire lighting equipment and firemen of the City oP Dubuque may respond to calls for fire fighting outside oY the City corporate limits; and when so en- gaged such equipent and men shall be considered within the jurisdic- tion of the City of Dubuque, and said City shall have the same gov- ernmental immunity as when opera- ting within its corporate limits, pre- sented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Russo, Carried by the following vote: Yeaa -Mayor Wharton, Council- Special Session, December 23rd, 1949 653 men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Councilman Van Duelman moved that the rules be xuspended requir• ing an ordinance to be read on three separate days. Seconded Eby Councilman Welu, Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Councilman Van Duelman 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 Welu, Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. 23 December 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the communi- cation of Chief of Police Joseph H. Strub, dated November 30, 1949 which was read at the last council meeting, in regard to the cases in police court against John E. Kringle and Ed Logan, his bar tender, for violating the laws at the Three Cheers Tavern at 62 South Locust Street, said case was tried in police court, and defendants were con- victed. At the time the letter was read to the Council, time far ap- pealing said cases had not expired, and I informed the Council that if appeal was taken, the convictions were not final until affirmed in the District Court. Since said time, the time for appeal has expired. The case of Ed Logan, the bar tender, has not been appealed. He was convicted of selling intoxicat- ing liquor to a minor at s a i d premises. The conviction in the police court is now final. It is provided by the 1946 Code of Iowa as follows: "124.34 Power of municipalities. It is expressly provided, any pro• vision of this chapter to the con- trary notwithstanding, that cities and towns, including cities under special charter, and boards of supervisors, shall have the power and authority to revoke any per- mit issued under their authority Por a violation of any of the pro- visions of this chapter, or any ordinance adopted by a city or town und~fr the provisions hereof, s s r> The communication of the Chief of Police above referred to can now be acted upon by this Councih Yours truly, John J. Kintzinger City Solicitor. Councilman Welu moved t h a t the communication of City Solici- tor Kintzinger be received and tiled. Seconded by Councilman Rus• so. Carried by the fallowing vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson November 30, 1949. Honorable Mayor and the City Council Dubuque, Iowa Gentlemen: Re: John E. Kringle holder of a Class B Beer Permit No. 84, opera for of the Three Cheers Tavern at 62-64 Locust Street, in the City of Dubuque, Iowa, This permit was issued on Aug. 22, 1949. This is to advise you that on this date November 30, 1949 the above named permit holder of a Class B Beer Permit was convicted in the Police Court of the City of Dubuque, of violating the beer ordi- nance on a charge of having o n the premises of a Class B Beer permit holder alcoholic beverages of greater alcoholic content than 4 percent by weight. He was fined $100.00 and costs of $3.50, You are further advised that this permit holder in a general way conducted his business in a dis- orderly manner, namely permitting persons of bad reputation to loiter in and frequent hie place of busi- ness. His bartender on November 28, 1949 in the police court was convicted of providing coke and whiskey to a 16 year old girl on these same premises, This place has been the scene of many dis- turbances, mostly weekly and some times several times in one week. Because of the above violations of 654 Special Session, December a3rd, 1949 law and of the genera] undesirable conditions, and of the convictions in connection with the persons responsible for the orderly opera- tion of this place of business, and in compliance with Section 124.30 of the 1946 Code of IaOba, I here- with recommend the revocation of this Class B Beer Permit No. 84 forthwith. Also as authorized in Section 124.30 it is further recommended that no person be issued a Class B Beer permit on these premises for a period of one. year, Respectfully yours, Jos. H. Strub Chief of Police. Councilman Welu moved that the recommendatiens of Chief of Police Strub be received and filed. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson Mayor Wharton moved the adop- tion of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays - None. Absent -Councilman Thompson. December 23, 1949 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water R'orks for the month of November 1949; also list of claims' and list of payrolls for which warrants were issued for the month of November 1949. Respectfully submitted, A. A. Rhomberg, City Manager, RESOLUTION N0. 337-49 WHEREAS, this Council, on the 22nd day of August, 1949, caused to he issued a Class "B" Beer Permit bearing the Number 84 to John E. Kringle, operating a tavern at 62- 64 Locust Street in the Ctty of Du- buque; and WHEREAS, it has come to the attention of this Council that the owner and holder of said permit has conducted his place oY business in a disorderly manner and other• wise in violation of law: N 0 W, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that Class 'B" Beer Permit No. 84, Heretofore issued to John E. Kringle be and the same is hrreby revoked and the Chief oY Police is directed to take up such permit forthwith and return the same Yor cancellation. Passed, adopted and approved this 23rd day of December, 1949. ALBERT WHARTON Mayor FRANK VAN DUELMAN] ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Council- man Welu, Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. RESOLUTION N0.338-49 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Jahn J. Beecher (Effective Jan- uary 1, 1950): 2399 White Street. Spencer P, Wright, (Effective January 1, 1950); 1862 Central Ave- nue. J, Ray O'Brien, (Effective Janu- ary 1, 1950); 2093 Washington St, BE IT FURTHER RESOLVED that the bonds Piled with the appli- cations be approved, Special Session, December a3rd, rg49 655 Passed, adopted and approved this 23rd day of December, 1949. ALBERT WHARTON Mayor FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays-None. Absent -Councilman Thompson. RESOLUTION N0. 339-49 WHEREAS, applications for Class "B" Beer Permits have been sub• milted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED ~by the Coun- cil of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Spencer P. Wright, (Effective January 1, 1950); 1862 Central Ave- nue. J. Ray O'Brien, (Effective Janu- ary 3, 1950); 2093 Washington St. Passed adopted and approved this 23rd day of December, 1949. ALBERT WHARTON Mayor 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. Sea onded by Councilman Russo. Car• ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays - None. Absent -Councilman Thompson. RESOLUTION N0. 344-49 WHEREAS, heretofore applica- tions for Class "B" Beer Permits were filed by the within named ap• plicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to comply with the ordinances o4 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 aBeer Permit. CLASS "B" PERMIT Spencer P. Wright, (Effective January 1, 1950); 1862 Central Avenue. J. Ray O'Brien (Effective Janu• ary 3, 1950); 2093 Washington St. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 23rd day of December, 1949. ALBERT WHARTON Mayor 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, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. There being nc further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Welu. Carried by the following vote r Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays None. Absent -Councilman Thompson. J. J. SHEA, City Clerk. Approved .............................. 1950 Adopted .............................. 1950 Councilmen ~ ...................................... Attest :................................................ City Clerk.