Loading...
1951 September Council Proceedings..~i 528 Special Session, August 27, 1951 Passed, adopted and approved this 27th day of August, 1951. ROMOLO N. RUS50, Mayor. CLARENCE P. WELU, RAY F. KOLB, ' RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Mr. AI Dupont, District Man- ager of Interstate Power Company, addressed the Council with refer- ence to extending the bus route on Cleveland Avenue and also to extending the bus route to serve Park Hill District. There being no further business, Councilman Welu moved to ad- journ. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved ............................... 1952, Adopted .... ......................... 1952. Councilmen ...................................... ...................................... A tteat :.................................................... City Clerk Regular Session, September 4, 1951 529 City Council (OFFICIAL) Regular Session, September 4th, 1951. Council met at 7:30 P.M. Present-Mayor Russo, Council• men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Mayor Russo stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the construction of a detention reser- voir on 32nd Street to relieve present Bee Branch Sewer located adjacent to the inlet of present Bee Branch Sewer including earth dam, concrete spillway and retain- ing wall and the relocation of 32nd Street, presented and read. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 334-51 Whereas, proposed plans and specifications and form of con- tract for the detention reservoir on 32nd Street to relieve present Bee Branch Sewer located adja• cent to the inlet of present Bee Branch Sewer, including earth dam, concrete spillway and retain- ing wall and the relocation of 32nd Street have been approved by the City Council of the City or Du- buque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of September, 1951; and Whereas, the City Council met io regular session this 4th day of September, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de• scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and form of contract hereto- fore approved are hereby adopted. Be It Further Resolved that this resolution containing the de- cision of this Council upon all ob- jections which have been filed to the plans, specifications and form of contract for or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 4th day of September, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Sea onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 305-51 (NECESSTfY FOR IMPROVEMENT) Whereas, proposed plans, speci- fications and form of contract have been duly prepared and ap- 530 Regular Session, September 4, 1951 proved 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 nature and type of improve- ment and an estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used for the con- struction of a detention reservoir on 32nd Street to relieve present Bee Branch Sewer located adja- cent to the inlet of present Bee Branch Sewer, including earth dam, concrete spillway and retain- ing wall and the relocation of 32nd Street. Be It Therefore Resolved that the City Council on its motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement. Said improvement shall be con• structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sani- tation Fund or such other funds of the City of Dubuque as may be proper, or partly out of each of said funds. Sewer bonds shall be issued and sold when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 20th day of August, 1951, The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 4th day of September, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. 5CHUELLER, Councilmen Attest: J, J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 335-61 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No, 305-51 which was duly passed by this Council, for the detention reservoir on 32nd Street to relieve present Bee Branch Sewer located adjacent to the inlet of present Bee Branch Sewer, including earth dam, con- crete spillway and retaining wall and the relocation of 32nd Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements bepaid for out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Pay- ment will be made to the con• tractor out of funds realized from the sale of bonds as provided by law after the work has been com- pleted and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner provided by law, the said improve- ments shall be completed on or before 90 working days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council, Passed, adopted and approved this 4th day of September, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen Attest: J. J, SHEA, City Clerk Regular Session, September 4, 1951 531 Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 336--51 Resolution to fix a date of meet- ing at which it is proposed to take action for authorizing the issu- ance of $131,000 Sanitary Fund Sewer Bonds. Whereas the City of Dubuque, Iowa, acting by and through its City Council, has heretofore de- termined it to be immediately necsssary to provide for construc- tion sewers in and for said City, the cost whereof is to be paid by said City as a whole; and Whereas it is deemed for the best interest of said City that San- itary Fund Sewer Bonds of said City be authorized to be issued to the amount of $131,000, as per- mitted and provided for by Section 408.10 of the 1950 Code of Iowa as amended for the purpose of pay- ing the cost of constructing said sewers, but it is first necessary to give ~ notice and a hearing as re- quired by Sections 23.12 and 408.11 of the 1950 Code of Iowa as amended; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, as follows: Section 1. That this City Council meet at the Council Chambers in the City Hall within said City on the 25th day of September, 1951 at 7:30 o'clock P.M. at which time and place proceedings will be in- stituted and action taken for authorizing the issuance of One Hundred Thirty-one Thousand Dol• Lars ($131,000) Sanitary Fund Sewer Bonds for the purpose of defraying the cost of constructing sewers in and for said City. Section 2. The City Clerk is hereby directed to give notice of the proposed action for the is- suance of said bonds, setting forth the amount and purpose thereof, the time when and place where said meeting will be held, by pub- lication at least once for at least fifteen days before said meeting in the Telegraph-Herald, an of- ficial newspaper printed, published and having a general circulation within said City. Said notice shall be in substantially the following form: "NOTICE OF MEETING FOR ISSUENCE OF SEWER BONDS The City Council of the City of Dubuque, Iowa, will meet on the 25th day of September, 1951 at the Council Chambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M. for the purpose of instituting proceedings and taking action for the issuance of Sanita- tion Fund Sewer Bonds of said City to the amount of One Hun- dred Thirty-one Thousand Dollars ($131,000) for the purpose of pay- ing the cost of constructing sewers in and for said City, at which meet- ing taxpayers of the City or any other interested party will be given an opportunity to be heard.. At any time before the date of said meeting five or more tax- payers may file a petition in the office of the City Clerk, setting forth their objections thereto. By order of the City Council September 4th, 1951. J. J. SHEA, City Clerk." Section 3. That all Resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed, and this Resolution shall be effective forthwith upon its passage and approval. Passed and approved September 4th, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Recorded September 4th, 1951. J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 337-51 Resolution Providing for the Advertisement for Bids for the Purchase of $131,000 Sanitation Fund Sewer Bonds. Whereas this City Council has heretofore determined it to be 532 Regular Session, September 4, 1951 necessary that certain sewers be constructed , in and for said City, and it is deemed advisable and for the best interests of said City that Sanitation Fund Sewer Bonds in the amount of $131,000 be vow advertised for sale at competitive bidding as required by Chapter 75 of the Code of Iowa; Now, Therefore, Be It And It Is Hereby Resolved and Ordered by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That advertisement be made for bids for the purchase of Sanitation Fund Sewer Bonds of the City of Dubuque, Iowa, in the principal amount of $131,000, to be dated September 1, 1951, of the denomination of $1000, matur• ing serially $13,000 on November 1 of each years 1952 to 1960, in• elusive, and $14,000 on November 1, 1961, and that such advertise- ment state that all such bids will be acted upon by the City Council at its meeting to be held at 7:30 o'clock P.M., on September 25th, 1951. The City Clerk is hereby authorized and directed to publish notice of such advertisement one each week for at least two consec- utive weeks, in the Telegraph~ Herald, an official newspaper of general circulation printed. and published in said City of Dubuque, and of general circulation in Du• buque County, Iowa, such Notice to be in the following form: "NOTICE OF SALE OF BONDS Sealed bids will be received by the City Clerk of the City of Du- buque, Iowa, unti17:30 o'clock p.m., September 25, 1951, for $131,000 Sanitation Fund Sewer Bonds of said City, at which time such bids will be presented to the Council of said City at its meeting to be then held at the Council Chambers in the City Hall, in said City, and after the receipt of open bids and the opening of sealed bids, the bonds will be sold to the highest bidder for cash. Said bonds will be dated September 1, 1951, and will mature serially $13,000 on Novem- ber 1 of each of the years 1952 to 1960, inclusive, and $14,000 on No- vember 1, 1961. Both principal and semi-annual interest will be payable at the office of the City Treasurer of the City of Dubuque, Iowa. Bids should be made on the basis of not less than par and accrued interest or better, and, all other things being equal, awards will be made upon the most favorable bid or bids specifying the lowest in- terest rate. Bidders must furnish a certified check on a State or Na• tional Bank for two per cent (2%) of the principal amount of bonds bid for as a guarantee of good faith, this amount to be forfeited to the City by the successful bid- der should he fail to take up and pay for any of the bonds when ready, The City will furnish a complete certified transcript of all proceed• ings had in connection with the is- sue of said bonds to the successful bidder, but bids may not be con- ditioned upon the approving opin- ion of any attorneys or others. The City will furnish the printed bonds and all bids may be so conditioned. The right is reserved to reject any or all bids. By order of the City Council this 4th day of September, 1951. J. J. SHEA, City Clerk." Section 2. That all Resolutions or orders in so far as same may be in conflict herewith be and the same are hereby repealed and that this resolution be effective imme- diately upon its passage and approval. Passed and approved September 4, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded September 4, 1951 J. J. SHEA, City Clerk. Councilman Kolb moved the ad- option of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of J. M, Kap- paros in the amount of $105.84 for damages to his automobile caused in striking a rut in the street on the corner of University Avenue Regular Session, September 4, 1951 533 and Pennsylvania Avenue, pre- sented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Mrs. Lowell J. Matthewson concerning the new bus service to the Mt. Loretta dis- trict, presented and read. CouncIlman Welu moved that the communication be placed on file until the meeting at which time the bus routes are to be discussed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo; Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Communication of Engineering Service of Iowa State College en- closing attendance cards for the firemen who attended the recent County Fire School and asking the Mayor to award the certificate to each fireman personally, presented and read. Councilman Welu moved that the Council meeting of September 25, 1951, be designated as the meeting for the presentation of the certif- icates by the Mayor. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Clem J. Mc- Guire submitting ordinance regard- ing the construction of a canopy to extend from the front of the building at 356 Main Street, pre- sented and read. Councilman Kolb moved that the communication be referred to the City Manager for to confer with Mr. Clem J. McGuire, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the League of Women Voters of Dubuque County asking. that October 24, 1951, be pro- claimed officially as United Nations Day in the City of Dubuque, Iowa, presented and read. Councilman Welu moved that the petition be referred to the Mayor for the purpose of issuing a pro- clamation as requested. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Dubuque Association of Life Underwriters asking that the Mayor declare the week of October 15, 1951, as Life Insurance Week, presented and read. Councilman Welu moved that the petition be referred to the Mayor for the purpose of issuing a pro- clamation as requested. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of J. E. Grice and oth- ers, property owners, opposing the vacation of the Alley between Hale and West Third Streets from Al- gona Street to Grandview Avenue, presented and read. Councilman Welu moved that the petition be referred to the Plan- ning and Zoning Commission, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Thos. J. Mulgrew Co. asking the City Council to consider the establishment of a 15-minute parking limit zone on Jones Street east of Main Street to the railroad tracks, presented and read. Councilman Kolb moved that the petition be referred to the City Manager. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Council Proceedings for the month of February, 1951, presented for approval. Councilman Welu moved that the Council Proceedings for the month of February, 1951, be approved as printed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilman Austin, Kolb, Schueller, Welu. Nays-None, Ordinance No. 38-51, An Ordi- nance granting, to Donald R, Nank ~i 534 Regular Session, September 4, 1951 and Elmer Sisler, their heirs or as• signs, the right to construct a sani- tary sewer in Marion Street and prescribing the conditions of this grant and regulating the connection with said sanitary sewer, said ordi- Hance having been passed upon first reading on August 27, 1951, 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. 36-51 An Ordinance granting to Don- ald R. Nank and Elmer Sisler, their heirs or assigns, the right to construct a sanitary sewer in Marion Street and prescribing the conditions of this grant and reg- ulating the connection with said sanitary sewer. Be It Ordained by the City Council of the City of Dubuque: Section 1. Donald R. Nank and Elmer Sisler their heirs or as- signs, are hereby granted the right to construct a six inch san• itary sewer in Marion Street com- mencing at a point 308 feet west from the manhole at the intersec- tion of Concord and Marion Streets and running West a dis- tance of 240 feet. Section 2. That the total cost of constructing said sewer shall be paid by said grantees and built under the supervision of and n accordance with plans and speci- fications approved by the City Manager and the City Engineer. Section 3. That before com- mencing any excavation in the street preparatory to the laying of the sewer, said grantees or the contractor to whom the work shall be awarded shall cause to be filed with the City of Dubuque a public liability and property damage in- surance policy, with a company and in form to be approved by said City, in which the City of Dubuque is named as an additio- Hal insured and by the terms of which policy the City of Dubuque, Iowa, shall be insured against lia• bility in the amount of Ten Thou- sand Dollars ($10,000,00) for any and all damages which may be sustained by reason of or in con• nection with the construction of said improvement and said policy shall remain in force and effect until all ditches are refilled, ob- structions removed from the street and the surface of the street and sidewalks replaced to as good condition as they were in before disturbed. Section 4. As a further condition of this grant, it is understood that after said sewer is completed the City of Dubuque shall have the right to make extension thereto into other streets or districts with- out being required to pay any part of the cost of the original con- struction of the sewer herein authorized. Section 5. Upon completion of the aforsaid project pursuant to the direction and supervision of the City Manager and City En• gineer, and acceptance by the City Council of the City of Dubuque, all maintenance and repairs of this sewer shall be paid by the City of Dubuque. Section 6. After the sewer has been completed and the total thereof determined, such cost shall be certified as correct and filed in the office of the City Clerk, where the same shall remain as a permanent record. Any person or persons desiring to connect with said sewer shall first apply to the City Council for permission so to do and such permission shall be granted upon condition that such property owner pay to the applicant herein, its successors or assigns, such a part of the total original cost of construction of said sewer as the linear feet of the property to be connected bears to the same, which cost shall not be in excess of that which may be levied upon property in the con• ~truction of sewers as provided by Statute. Section 7. That after said sewer has been constucted it shall not be removed or its free use interfered with by the grantee herein, its successors or assigns. Section 8. This Ordinance shall be in force and effect ten days from aad after its final passage adoption and publication as pra vided by law. Passed upon first reading this 27th day of August, 1951. Passed, adopted and approved Regular Session, September 4, 1951 535 upon final reading this 4th day of September, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk, Published official in the Tele• graph•Herald newspaper this 7th day of September, 1951. J. J. SIiEA. City Clerk. Councilman Austin moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Ordinance No. 41-51, Ordinance authorizing Sinclair Refining Com- pany to erect a firewall and pipe lines in Terminal Street and Rail- road Avenue, presented and read, Councilman Austin moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Car- ried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the ordinance granting the right to use or occupy a street be now con- sidered complete in form for final passage and further move that the same be placed on file with the City Clerk. and remain on file for public inspection for at least one week before final adoption, Sec- onded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 13, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Joe Rand asking the Council to deed the strip of land 15 feet wide ad- joining his property on the south- east corner of Nevada and Solon Streets was referred to the City Council to view the grounds I recommend that the decision of the Council be confirmed, that this strip of land is necessary for street purposes and that the Street Com- missioner be instructed to grade this street so that it is suitable for traffic thereon. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 31, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Loras W. Lattner asking that Rider Street be graded from Perry Street to Grandview Avenue was referred to the City Manager for investigation and report. While the petitioner only re- quests that the street be graded alongside of his house, I would recommend that it be graded the full length because of the avail- ability of building lots along this street. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 31, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Thom- as J. Hickey asking for the open- ing of Ramona Street from Adaline to Mt. Loretta was referred to the City Manager. I have investigated the grading of this street and recommend that it be opened from Adaline Street to a point 245 feet South of the South Property line of Mt. Loretta Avenue. Beyond this point, there is 536 Regular Session, September 4, 1951 excessive grading that would be necessary to close mine shafts, which would not be justified by the benefit to be derived. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 27, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Anthony A. Hell- ing and others requesting the opening and grading of Finley street between Cherry and Poplar Streets was referred to the City Manager and City Engineer for investigation and report. It is our recommendation that Finley Street between Cherry and. Popular Streets be opened as re- quested by the petitioners. Respectfully submitted, L. J. SCHII.TZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 31, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have had a study made by the Police Traffic Department of the traffic conditions as they exist and changes in traffic patterns due to the opening of the new parking lot in the 800 block on Bluff Street. The following recommendations by the Traffic Department are con- sidered practical to facilitate the movement of vehicles and. promote better safety conditions in this'. area: (1) The alley between Locust and Bluff Streets from 7th to West 10th Street be declared aone- way alley, northbound only, in accordance with Section 10.6 and Schedule 1 of the Traffic Code. (2) That Bluff Street because of its narrowness and future heavy traffic and because of the park- ing lot be declared aone-way street for southbound traffic only from Loras Blvd, to 8th Avenue. (3) That an ordinance be prepared allowing parking on the left side of the street on one-way streets. It is my recommendation that the City Council approve these changes and have the proper ordi- nance prepared. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be adopted, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 4, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The copy of the as- signment of the proceeds of the contract for the construction of the sanitary sewer on Coates Street, Simpson Street and Cherokee Drive by George 5affran to the Dubuque Bank and Trust Co, and executed December 13, 1950, is presented to be made a matter of record. Respectfully submitted, L, J. SCHILTZ, City Manager, Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 4, 1951, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The construction of the Simpson-Coates Streets Sani- tary sewer under contact with the Saffran Construction Company has been completed in accordance with the plans and specifications. -This has been inspected by the City Engineer and he recommends Regular Session, September 4, 1951 537 that the improvement be accepted by the City Council. I hereby con- cur in this recommendation and al- so recommend that the improve- ment be accepted by the City Council. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, ( A Resolution Accepting Im• povement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA. RESOLUTION N0. 338-51 Whereas, the contract for the construction of the Simpson-Coates Streets Sanitary Sewers 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 specifications and recommeds its acceptance, now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said im- provement be and the same is here- by accepted and the City Engineer be and he is hereby directed to pre- pare aplat and schedule showing the lots or parcels of real estate subject to assessment For said im- provement and file the same in the office of the City Clerk subject to public inspection, and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued up- on the above described improve• ment in amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 4th day of September, 1951. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the ad- option of the resolution, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. 'Nays-None. September 1, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; In line with recom- mendations submitted by the Fire Chief to me and to the City Coun- cil in regard to the condition of same of our fire houses in the city, it is necessary that some action be taken immediately to alleviate con- ditions existing at the Eighteenth Street Engine House and the En- gine House located at 1302 Delhi Street. The Engine House located at Eighteenth Street and Central Ave- nue houses Engine Company No. 1 and the City Ambulance. The con- dition of this building is such that major repairs are necesasry. A new engine house should be built to replace the one at 1302 Delhi Street and should be large enough to house two companies, Engine Company No. 4 and a 65- foot aerial truck now on order would be housed at this station, This is in accordance with the recommendation of the National Board of Fire Underwriters. In order to accomplish this con- struction program it is necessary that the proposition be submitted to the voters at an election auth- orizing the City to issue the neces- sary bonds. I, therefore, recom- mend that the City Council initiate the necessary procedures to present the issue to the people for their approval. According to estimates prepared by the architect, the cost of the construction work will be $50,000 and cost of the new fire station $101,000. Both of these figures are 538 Regular Session, September 4, 1951 exclusive of equipment and the cost of the site. They estimate that the cost of equipment and site will run approximately $16,500, making a total amount needed of $167,500. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Manager 5chiltz be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the City Solicitor be authorized to en- gage the services of Chapman & Cutler, Attorneys, Chicago, Ill., to prepare the necessary proceedings for the issuance of $167,500 bands. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 1, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: For a considerable length of time there has been dis- cussion on the annexation of cer- tain areas adjacent to the City which are now occupied by resi- dences and are desirous of city services. The extension of the city limits would increase the opportunity for the City to accomplish directly beneficial civic interests for a new segment of population. Also, the City will be assuming certain addi- tional obligations in serving an ex- panded city population. It would seem best in the event of expansion to progress in the se- lective manner rather than in a general uniform outward expansion of the city's boundaries. The expansion of the city would generally be to the west. According to the report of the Planning and Zoning Commission, there are two areas to the west that should be considered for residential develop- ment. One of these is the section between the Asbury Road and the Middle Road west of the City Lim- its and the present Hillcrest de- velopment. The other section lies between Asbury Road and Carter Road in a northerly direction. In order that the city can expand in an orderly manner within the next several years, I would recommend that consideration be given to the annexation of this area west of the city and that it be submitted to the people of Dubuque on the ballot at the November election as to wheth- er they wish to annex this area. The procedure for annexation of an area where less than 100% of the people petition for annexation is for the people of the city to vote on the proposition at a regular mu- nicipal election. If this proposition is not determined at this time, it will be two years before it can be presented. Respectfully submitted, L. J. SCHH.TZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager 5chiltz, with reference to the annexation, be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 339-51 Resolution declaring the neces- sity for annexation of certain ter- ritory to the City of Dubuque; pro- viding for the submission of such proposition to the voters of the City of Dubuque and authorizing insti- tution of proceedings for annexa- tion. Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That it is necessary and proper to meet the present needs of the City of Dubuque, in anticipation of its future growth, essential to its well being and need- ful for proper police, fire and sani• tary protection of the City of Du- buque and not for the purposes of revenue only, that the following de- scribedunincorporated territory ad• joining to the City of Dubuque be annexed thereto and become a part thereof, to-wit: Commencing at the present city limits line at the northeast corner of the Southwest '/a of the north- east '/a of Section 15, Township 89 North, Range 2 East, thence west 1,320 feet, thence south 1,320 feet, thence west 1,320 feet to the cen- ter of Section 15, Township 89 x Regular Session, September 4, 1951 539 North, Range 2 East, thence west 660 feet, thence south 2,640 feet to the south Section line of Section 15, Township 89 North, Range 2 East, thence west along said section line to a point 33 feet east of the south- west corner of Section 15, Town- ship 89 North, Range 2 East, thence south 1,320 feet, thence west 33 feet, to the southwest corner of the northwest '/a of the northwest ~/a of Section 22, Township 89 North, Range 2 East, thence south along the west section line of Sec- tion 22 to the southwest corner of Section 22, Township 89 North, Range 2 East, thence south 1,320 feet along the west section line of Section 27, Township 89 North, Range 2 East, thence east to inter- sect with the south property line of Ridgeway Avenue in Lenox Ad- dition, thence southeasterly along the southerly line of Lenox Addi- tion to the west property line of Delhi Road, thence south to the southerly line of U.S. Highway No. 20, thence south 300 feet, thence easterly parallel to U, S. Highway No. 20 to the existing City Limits. Section 2. That the proposition of the annexation of the above de- scribed territory be submitted to the voters of the City of Dubuque at the next regular municipal elec- tion to be held November 6, 1951. Section 3. That the City Clerk is hereby directed to file notice of the submission of said proposition at said election by publication once each week far three (3) consecutive weeks in the manner provided by Chapter 618 of the 1950 Code of Iowa as amended. Section 4. In the event the pro- position for the annexation of such territory is adopted by a majority of those voting thereon, then, in that event, the City Solicitor is hereby authorized and directed to file a suit in equity in the District Court of Iowa in and for Dubuque County in the name of the City of Dubuque against all the owners of theabove described territory pray- ing for the annexation of said ter- ritory to the City of Dubuque. Introduced this 4th day of September, 1951, Councilman Kolb moved that the resolution be approved and placed on file for final action. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu• Nays-None, RESOLUTION N0.340-51 Whereas, on the 4th day of September, 1951, Resolution No. 339 -51 for the annexation of certain unincorporated territory described therein was introduced and pro- posed to the City Council; Now, therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the City Council meet on the 25th day of Septem- ber, 1951, at 7:30 o'clock p. m., at the City Council chambers in the Citl Hall in the City of Dubuque, Iowa, to consider said Resolution No. 339-51 and to hear all object- ors and proponents for such an- nexation. Section 2, That the City Clerk is hereby authorized and directed to publish a notice of such meeting once each week for two consecu- tive weeks in the manner provided by Section 618.14 of the 1950 Code of Iowa as amended. Section 3. That said Resolution No. 339-51 be placed on file with the. City Clerk for public inspec- tion until the time of such meeting. Passed, adopted and approved this 4th day of September, 1951, ROMOLO N. RUSSO, Mayor, CLARENCE P. WELU, RAY F. KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. RESOLUTION N0. 341-51 Whereas, applications for Class "B" Beer Permits have been submitted to this Council for ap- proval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued .,~~~ •~,~~~~.,..,~,,_ .. -a~n~,~,-~ . 540 Regular Session, September 4, 1951 i~ Regular Session, September 4, 1951 541 upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT John M. Baumgartner and John J. Baumgartner, 1543 Central Ave- nue. Joseph A, Kramer and Louis P, O'Connor, 55 East 7th Strtet. Fred Frary, 2220 University Avenue, Passed, adopted and approved this 4th day of September, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J, SIiEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 342-51 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 oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT John M, Baumgartner and Johu J, Baumgartner, 1543 Central Ave- nue. Joseph A. Kramer and Louis P. O'Connor. 55 East 7th Street. Fred Frary. 2220 University Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 4th day of September, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU. RAY F. KOLB, RUBIN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Report of Consulting Engineers, Laramore and Douglas, Inc., with reference to increase in electric rates and bus fares for the Inter- state Power Company, presented. Councilman Austin moved that the report be placed on file. Sec- onded by Councilman Weh~. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Invitation to attend the Mid- Continent Development Council Convention to be held in lies Moines, Iowa on September 26, 27 and 28, 1951, presented and read. Councilman Kolb moved that the invitation be placed on file. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that Street Commissioner Allen be authorized to attend, at City ex- pense, the Public Works meeting to be held at Detroit, Michigan on September 17, 18, 1951. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the City Manager be instructed to draw up a report to be presented to the City Council concerning preventive measures with refer- ence to future suits and claims for damages against the City of Du- buque. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved .............................. 1952 Adopted ................................ 1952 Counc[lmen; j .................................... Attest : ...................... City Clerk 542 Special Session, September 17th, 1951 for public inspection for at least C' ~ ~ ~ O ~ n A' I one week before its final adop- t' Y tion, was presented for tinal adoption. (OFFICIAL.) Special Session, September 17th, 1951. Council met at 4:00 P.M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Meeting called by order of Councilmen Welu and Kolb. Mayor Russo read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of conducting a public hearing on the question of the vacation of a por tion of the alley first east of Con- cord Street from the south line of Marion Street to the south line of Lot 5 of Concord Subdivision and authorizing the conveyance of such portion, also for considering proposals submitted for sewer and street improvements, and acting on any other business as may prop- erly come before a regular meet- ing of the City Council. Proof of publication, certified to by the publishers, of notice of public hearing on the question of vacating the portion of the alley first east of Concord Street from the south line of Marion Street to the south line of Lot 5 of Con- cord Subdivision and authorizing the conveyance of such portion, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, ORDINANCE N0. 40-51 An Ordinance vacating the por- tion of the alley first east of Con- cord Street from the south line of Marion Street to the south line of Lot 5 of Concord Subdivision and authorizing the conveyance of such portion, said ordinance hav- ing been passed upon first reading on August 27th, 1951 and ordered placed on file with the City Clerk ORDINANCE N0. 40-51 An Ordinance vacating the por- tion of the alley first east of Con- cord Street from the south lino of Marion Street to the south line of Lot 5 of Concord Subdivision and authorizing the conveyance of such portion. Whereas the Planning and ton- ing Commission of the City of Du- buque has recommended the va- cation of the above described portion of an alley; and Whereas all the owners of all property abutting said alley have joined in a petition requestiug said vacation and there appears to be no valid objection thereto; Now Therefore Be it Ordained by the City Council of the City of Dubuque: Section 1. That that portion of the alley lying first east of Con- cord Street in the City of Dubuque, Iowa, from the south line of Marion Street to the south line extended of Lot 5 of Concord Sub- division be and the same is here- by vacated; Section 2. That the portion of said vacated area lying between the center line of said vacated alley and each lot immediately adjacent thereto is hereby granted to the owners of each of said abutting lots subject to an ease- ment in the City of Dubuque for the location of utilities thereon; Section 3, That said petitioners cause a plat to be made of said vacated area showing the same, which plat shall give distinctive lot description to each parcel of said vacated area and upon the approval of said plat and the filing thereof with the County Recorder, the Mayor and Clerk of the City of Dubuque, Iowa, are hereby authorized to execute a Quit Claim Deed for said parcels on behalf of the City of Dubuque, subject to said easement; Section 4. That the Clerk be and he is hereby directed to file in the office of the Recorder of Dubuque County, Iowa, a certifed copy of this Ordinance; Section 5. This Ordinance shall be in full force and effect from Special Session, September 17th, 1951 543 and after its final passage, adop- tion and publication as by law provided. Introduced the 27th day of August, 1951. Rule requiring reading on thrre separate days suspended by unani- mous vote the 27th day of August, 1951. Passed, adopted and approved this 17th day of September, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU. RAY F. KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Tele- graph-Herald newspaper this 20th day of September, 1951. J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote. Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of H, J. Fried- man in the amount of $4.19 for plumber bill incurred which was caused by sewer water backing up into the basement of his home on Mount Pleasant Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Secarded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, 4Velu. Nays-None. Notice of Claim of C. M. Weepie in the amount of $22.17 for dam- ages to his car caused in dropping into an unprotected hole in the Street on Kaufmann Avenue, pre- sented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor far investig- tion and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Tom Gaynor in the amount of $46.00 for dam- ages to his automobile caused in striking an unlighted ditch behind the Tobiu Rest Home on West 17th Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investiga• tion and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, 4Vel.u. Nays-None. Notice of Claim of Don E. Meyer in the amount of $115,00 for dam- ages to his clothing caused by the handle of the parking meter in front of the Hartig Drug Store on Main Street, presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investiga• tion and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of E. J. Buchet submitting a list of bad sidewalks for Council consideration, pre- sented and read. Councilman Austin moved that the communication be referrf~d to the City Manager for disposition. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Alan H. Graves calling attention of the City Council to the dust condition on Coates Street and asking that this street be oiled without delay, presented and read. Councilman Welu moved that the petition be referred to the City Manager. Seconded by Cotm- cilman Austin. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of County Audi- tor Meloy submitting for Council action the petition of Barbara Rahl- off requesting suspension of the second half of the 1950 taxes on the East ~z of Lot 352 of East Dubuque Addition, presented and read. Councilman Schueller moved that e:xx^,a.x~r ^4°'i ~ 1N' w+[yri~'+6tr9a~" is ~; ~. ~.. 544 Special Session, September 17th, 1951 the communication of County Audi- tor Meloy and the petition of Bar- bara Rahloff be referred to the City Solicitor for recommendation and report. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Navy Mothers Club of America asking permission to hold a tag day on October 20,1951, presented and read. Councilman Kolb moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the Disabled Ameri- can Veterans Auxiliary asking per• mission for the holding of their Forget-Me-Not drive on September 28th and 29th, 1951, presented and read, Councilman Kolb moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Leo E. Roethig re- questing the opening of the lower part of Bradley Street between Randall Street and Grandview Avenue, presented and read. Councilman Kolb moved that the petition be referred to the City Manager. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Petition of Mae Roeder and others requesting the installation of a street light at Prairie and Arlington Streets, presented and read. Councilman Kolb moved that the petition be referred to the City Manager for recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller ,Welu. Nays-None. Petition of Dubuque Safety Council requesting that more and improved lighting be placed on Locust Street from Dodge Street to Loras Boulevard, presented and read. Councilman Schueller moved that the petition be referred to the City Manager for recommendation and report. Seconded by Council- man Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Torbert Drug Com- pany requesting the City Council to rezone Lot 2 of Lot 3 of Mineral Lot 3, Lot 2 of Lot 2 of Mineral Lot 4 and Lot 2 of Lot 2 of Mineral Lot 10 in the City of Dubuque, Iowa, to business district classifi- cation, presented and read. Councilman Kolb moved that the petition be referred to the Planning and Zoning Commission for recommendation and report. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu Nays-None, Petition of S. P. Hanten and others, residents and property owners residing on York Street, requesting that a grade elevation be established on the alley abut- ting their property, presented and read, Councilman Austin moved that the petition be referred to the City Manager for disposition. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mrs. Farrell Hanley and others, property owners living in the viciluty of the 1700 block on Asbury Street, requesting the rezoning of the East side of said block to cause Lots 7, 8 and 9 of Finley Aldition to be a two family residence district, presented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Special Session, September 17th, 1951 545 Schueller. Carried by the follow- ing vote: Yeas-lyIayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the Board of Educa- tion requesting the vacation of the alley south of Lots 45, 46 and 47 of University Place and also the unnamed street running southerly from West Locust Street along the westerly side of Lots 18 and 19 of University Place and also asking the City to execute a quit claim deed to Lot 1 of Rosedale Addition with a provision that the City re- serve a perpetual easement for water main as it now exists, pre- sented and read. Councilman Austin moved ±itat the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Paul Braun and others, residents and property owners residing on Lincoln Ave- nue, requesting that a street light be installed at the intersection of Lincoln Avenue and Stanton Street, presented and read. Councilman Austin moved that the petition be referred to the City NTanager for investigation and re- port. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Council Proceedings for the month of March, 1951, presented for approval. Councilman Welu moved that the Council Proceedings for the month of March, 1951 be ap- proved as printed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 41-51 Ordinance authorizing Sinclair Refining Company to erect a fire- wall and pipe lines in Terminal Street and Railroad Avenue, said ordinance having been passed upon first reading on September 4th, 1951 and ordered placed on file for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 41-51 Ordinance Authorizing Sinclair Refining Company to Erect aFire- wall and Pipe Lines in Terminal Street and Railroad Avenue. Whereas, the Sinclair Refining Company has .petitioned the City Council for authority to erect a firewall in the City streets as here- inafter defined; and Whereas, it is deemed in the best interest of the public peace, health and safety that such struct• ures be erected, thereby eliminat- ing apresently hazardous condi- tion; Now Therefore Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That in consideration of the foregoing the Sinclair Re- fining Company, its successors and assigns be and they are hereby authorized to erect and maintain the following structures: a. A concrete firewall described as follows: Commencing at a point on the west line of Terminal Street 599 feet north of the north line of Railroad Avenue, thence run- ning east ten feet; thence south and parallel to the west line of Terminal Street to a point in Rail• road Avenue ten feet south of the north line of Railroad Avenue; thence in a southwesterly direction and parallel to the north line of Railroad Avenue 62.33 feet; thence in a northerly direction for ap• proximately 10 feet to the north line of Railroad Avenue; all in ac• cordance with the plat filed with said petition; b. Four 8" pipe lines laid under- ground in Terminal Street in ac• cordance with said plat; Section 2. That said structures shall be built and erected under the supervision of the City Man• ager; Section 3, The right and author- ity hereby granted shall at all times be subject to the reasonable control of the City Council and shall be subject to revocation by the City Council at anytime after the City Council shall determine at public hearing that such haz- ards no longer exist and that the 546 Special Session, September 17th, 1951 interests of the public peace, health and safety no longer re- quire the maintenance of such structures. Notice of any such hearing shall be served on the grantee herein in the manner pro- vided for the service of original notices not less than thirty (30) days prior to such hearing; Section 4. That the Sinclair Re- fining Company shall alone be re- sponsible for any damages result- ing to any persons or property re ~ sulting from the construction or maintenance of such structures and shall defend, at its own ex- pense, any action at law or in equity which may be brought against the City of Dubuque for damages on account of such structures and shall reimburse the said City for any amounts it may be required to pay out as dam- ages resulting from such structures and in all respects keep the City of Dubuque harmless from any claim arising out of the mainten- ance of such structures. Section 5. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided and upon the acceptance of the terms hereof being en- dorsed hereon by said Sinclair Re- fining Company and the payment of the costs and expenses incident to publication by said company. Introduced the 4th day of Sep- tember, 1951, Rule requiring reading on three separate days suspended by unani- mous vote the 4th day of 5eptem• ber, 1951, Passed, adopted and approved this 17th day of September, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU. RAY F. KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Tele- graph•Herald newspaper this 20th day of September, 1951. J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the ordinance. Sec• onded by Councilman Austin. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, September 17, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works, for the month of August 1951; also list of claims and list of payrolls for which warrants were issued for the month of August 1951. Respectfully submitted, L. J. SCHII,TZ, City Manager. Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Austin Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 17, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In regard to the petition of the Trausch Baking Co. referred to the City Manager and Building Com- missioner to investigate the erec- tion of a loading dock in the alley and at the rear of 1120 Iowa Street, we wish to report the following. The petition asks for a loading dock or platform twenty seven inches wide and nineteen feet long. The installation of this dock in the proposed manner will just be flush with the outside of the present poles in the alley and will not further obstruct the movement of traffic in this alley and will allevi- ate the present loading hardship. Therefore we recommend that permission be given for this in- stallation. Respectfully submitted, L. J. SCHH,TZ, City Manager. DONALD J. BANDY, Building Commissioner. Councilman Kolb moved that the recommendation of City Man- ager Schiltz and Building Commis- . sinner Bandy be adopted and Special Session, September 17th, 1951 547 proper proceedings ordered pre- pared, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. September 14, 1951 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa. Gentlemen: Regarding attached petition of . H. R. Stampe and others request- ing vacation of the alley between Hale Street and West Third Strcet east of Algona Street and the counter petition of J. E. Grice and others objecting to same, the Planning and Zoning Commission respectfully recommends to your Honorable Body denial of the peti- tion requesting such a vacation. Since the lots backing on the alley in question are but 50 feet in width, the alley is almost es- sential to service garages which property owners may wish to place on the back of said lots, Respectfully submitted, Dubuque Planning and Zoning Commission By .................... Secretary, R. V. McKAY. Councilman Austin moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 14, 1951 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa. Gentlemen: Referring to the petition of Du- buque Stone Products Co. request- ing rezoning of lots 13, 14, 15 and 16 in Schaffner's Subdivision to light industrial classification and considering the opposition of practically all the property owners in the neighborhood, the Planning and Zoning Commission respect- fully recommends to your Honora- ble Body that the petition be denied. With such general objec- tion it is difficult to see how the public interest would be served by such action. Yours very truly, Dubuque Planning and Zoning Commission By ...................... Secretary R. V. McKAY, Councilman Welu moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Council- man Kolb. Carried by the follow- ing vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of an eight (8) inch vitrified the sanitary sewer in Levi Street beginning at the intersection with Lorimer Street and running west along the centerline of Levi Street to Sulli- van Street; thence south along the centerline of Sullivan Street to the existing manhole located at the intersection of Sullivan Street and English Lane, presented and read. Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 17, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., September 17, 1951, for the construction of an 8" sanitary sewer in Levi Street. I recommend that the contract for this sewer be awarded to the Thos. Flynn Company, whose bid was the lowest and best received. Kindly find tabulation of bids re- received. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man• ager Schiltz be approved. Sec• onded by Councilman Welu. Car• ried by the following vote: 548 .Special Session, September 17th, 1951 Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 343-51 Whereas, proposals have been sub- mitted by contractors for the con- struction of an eight (8) inch vitri- fied the sanitary sewer in Levi Street beginning at the intersec- tion with Lorimer Street and run- ning west along the centerline of Levi Street to Sullivan Street; thence south along the centerline of Sullivan Street to the existing manhole located at the intersec- tion of Sullivan Street and English Lane pursuant to Resolution No. 311-51 and Thomas Flynn Coal Co. contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 17th, 1951. Councilman Welu moved that the resolution be approved and placed on file for at least one week. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Avoca Street with curb and gutter from the south property line of Rose- dale Avenue to the north property line of Cherry Street, presented and read. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 17, 1951 To the Honorable Mayor and City Council, -Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., September 17, 1951, for the improvement of Avoca Street. I recommend that the contract for the improvement of Avoca Street be awarded to the Thos. Flynn Company whose bid was the lowest and best received. Kindly find tabulation of bids attached. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 344-51 Whereas, proposals have been submitted by contractors for the improvement of Avoca Street with curb and gutter from the south property line of Rosedale Avenue to the north property line of Cherry Street pursuant to Resolu- tion No. 317-51 and Thomas Flynn Coal Co, contractor, has sub- mitted the lowest bid for the furn- ishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its Special Session, September 17th, 1951 549 passage and adoption by the City Council. Approved and placed on file for one week on September 17th, 1951. Councilman Welu moved that the resolution be approved and placed on file for at least one week, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals far the improvement of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south property line of Lowther Street, presented and read. Councilman Welu moved that the proof of publication be re• ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 17, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., September 17, 1951, for the improvement of Buena V i s t a Street. I recommend that the contract for the improvement of Buena Vista Street be awarded to the Thos. Flynn Company, whose bid was the lowest and best received. Kindly find tabulation of bids at- tached. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. [Awarding Contract) RESOLUTION N0. 345-51 Whereas, proposals have been submitted by contractors for the improvement of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south property line of Lowther Street pursuant to Resolution No. 313-51 and Thomas Flynn Coal Co. contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided far in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 17th, 1951. Councilman Welu moved that the resolution be approved and placed on file for at least one week. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Green Street with curb and gutter from the east property line of Avoca Street to the west property line of Algona Street, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. September 17, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 550 Special Session, September 17th, 1951 ~ Special Session, September 17, 1951 551 A.M., September 17, 1951, for the improvement of Green Street. I recommend that the contract for the improvement of Green Street be awarded to the Thos. Flynn Company, whose bid was the lowest and best received. Kindly find tabulation of bids at- tached. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved, Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 346-51 Whereas, proposals have been submitted for the improvement of Green Street with concrete curb and gutter from the east property line of Avoca Street to the west property line of Algona Street pursuant to Resolution No, 325-51 and Thomas Flynn Coal Co. con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Thomas Flynn Coal Co. and the Manager be and he is hereby di- rected to execute on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 17th. 1951. Councilman Schueller moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Austin. Car- ried. by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of West Sixteenth Street with curb and gutter from the west property line of Catherine Street to the end of street, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 17, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., September 17, 1951, for the improvement of West Six- teenth Street. I recommend that the contract for the improvement of West Six- teenth Street be awarded to the Thos. Flynn Company, whose bid was the lowest and best received. Kindly find tabulation of bids attached. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 347.51 Whereas, proposals have been submitted by contractors for the improvement of West Sixteenth Street with curb and gutter from the west property line of Catherine Street to the end of street pur- suant to Resolution No. 321.51 and Thomas Flynn Coal Co. contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Co.. and the Manager be and he is hereby f ~~ directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 17th 1951. Councilman Kolb moved that the resolution be approved and placed on file for at least one week. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA. City Clerk. Approved .............................. 1952 Adopted ................................ 1952 Councilmen ...................................... Attest :....................... City Clerk. nM~,.r.,rs-~'~~~,~±ra~r~~a.. o..«.y.r H~,s e.>c.;-,,3i~. ,~ ..~ !~"~N!'$~w~?F~,4~,,; 552 Special Session, September 25th, 1951 C'ty Council (Official) Special Session, September 25th, 1951. Council met at 7:30 P. M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Meeting called by order of Councilmen Welu and Kolb. Mayor Russo read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting public hearings on the question of instituting proceed- ings and taking action for the is- suance of Sanitation Fund Sewer Bonds in the amount of $131,000, also for the improving of Rowan Street, also for annexation of un- incorporated territory to the City of Dubuque 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 meeting for the issuance of Sani- tationtation Fund Sewer Bonds in the amount of $131,000, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Kolb moved that the proof of pub• lication be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of sale of $131,000 Sanitation Fund Sewer Bonds, presented and read. Coun- cilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. No oral bids received. Dubuque, Iowa September 25, 1951 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: We hereby offer to purchase $131,000 of City of Dubuque Sani- tation Fund Sewer Bonds dated September 1, 1951 and to pay therefor par of $131,000.00 plus accrued interest to date of pay- ment at the rate of 33/a percent per annum. This bid is subject to our obtaining approving legal opinion of our counsel, O'Connor, Thomas, McDermott & Wright, and upon condition that no objections are filed to the issuance of such bonds by any taxpayers as con• templated by Section 23.13 of the 1950 Code of Iowa. As guarantee of good faith there is tendered with this offer certi- fied check of The American Trust & Savings Bank, Dubuque, Iowa, in the sum of $3,000.00. American Trust & Savings Bank, Dubuque, Iowa. By ll. W. Ernst President. Councilman Welu moved that the sealed bid of The American Trust and Savings Bank, Dubuque, Iowa, be rejected on account of being too high. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 348.51 RESOLUTION PROVIDING FOR THE SALE OF $131,000 SANFfA- TION FUND SEWER BONDS AT PRIVATE SALE AND REJECTING ALL BIDS WHEREAS, notice of sale of One Hunderd and Thirty One Thousand Dollars ($131,000) Sani- tation Fund Sewer Bonds of the City of Dubuque, Iowa has here- tofore been given in strict com- pliance with the provisions of Chapter 75 of the Code of Iowa by publication of notice for two ar more consecutive weeks in a news- paper published and of general cir- culation in Dubuque, County, Iowa and the City of Dubuque, Iowa; and, WHEREAS, all sealed bids have been received and placed on file, after which open Bids were called for and none received and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: 33/a% by American Trust and Savings Bank of Dubuque, Iowa. NOW THEREFORE BE IT RE- Special Session, September 25th, 1951 553 SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That all bids are here- by rejected and the treasurer auth- orized to return all bid deposits. Section 2. That the City Trea- surer be and he is hereby author- ized to sell said bonds at private sale for the best bid obtainable but not less than par plus accrred interest to the date of the sale to the said bidder or to any other persons by popular subscription or otherwise, Section 3. That the City Trea- surer is further authorized to ad- vertise such bonds for sale and pay the expenses of such advertis- ing from the proceeds of such sale, Introduced September 25, 1951. Passed, adopted and approved this 25th day of September, 1951. ROMOLO N. RUSSO Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA. City Clerk Councilman Welu moved the adoption of the resolution, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueler, Welu. Nays-None. Ordinance No. 42-51. AN ORDI- NANCE AUTHORIZING THE IS- SUANCE OF $131,000 SANTITA- TION FUND SEWER BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME, pre- sented and read. Councilman Welu moved that the reading just had be considered the first read- ing of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring and ordinance to be read on three separate days, Seconded by coun- cilman Kolb. Carried by the fol- lowing vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the ordinance just read, being an ordinance appropriating money and making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Cerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the construction of West Thirty-second Street Detention Re- servoir, presented and read. Coun- cilman Welu moved that the proof of publication be received and filed, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 25, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A,M., September 25, 1951, for the construction of the West 32nd Street Detention Reservoir. I recommend that the contract for this project be awarded to M. L. Gaber & Company, whose bid was the lowest and best received. The bid was 11,6% under the engineer's estimate of the actual construction cost not including the cost of property acquisition and engineering and advertising, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be adopted. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract). RESOLUTION N0. 349-51 Whereas, proposals have been submitted by contractors for the 554 Special Session, September 25th, 1951 construction of West 32nd Street Detention Reservoir Project pursu- ant to Resolution No. 335-51 and M. L. Gaber & Company, contractor, has submitted the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and speci- fications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to M. L. Gaber & Company and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef• fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 25, 1951. Councilman Kolb moved that the resolution be approved and placed on file for at least one week. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to prop- erty owners of a public hearing on proposed resolution of necessity, estimate of cost and a plat and schedule for a concrete pavement of Rowan Street from the south property line of South Grandview Avenue to the Corporation Limits, presented and read. Councilman Welu moved that the proof of publication be received and filed, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Dubuque, Iowa, August 24, 1951. Dubuque City Council, Dubuque, Iowa. Gentlemen: As a property owner on Rowan Street, I wish to register my protest to the proposed im- provements, viz: (a) Widening the street by several feet. (b) Heavy paving of same when a black top finish, as requested in our recent petition, would care for all normal traffic. I feel that burdening the prop- erty owners with improvements ex- ceeding $51,000 would be extreme- ly excessive and unfair. With your kind cooperation I am sure that a satisfactory program could be worked out whereby our street could be improved in a meas- ure within the reach of all. Assuring you that any assist- ance you may be able to give will be deeply appreciated, I remain, Very sincerely, Margaret L. Cannon. Councilman Welu moved that the petition be received and made a matter of record, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. City Council, Dubuque, Iowa. Gentlemen: As a property owner on Rowan Street, Dubuque, Iowa, I wish to protest against the pro- posed plan of paving and widening Rowan Street. It is my opinion that a street the length of Rowan Street and with such a small number of people living on it that the pro- posed plan is away out of order. True the street needs improving, but to widen it to 36 feet and put concrete down it does seem to me that this is carrying things too far. Most of the people on Rowan Street are just plain ordinary working people and can't afford to pay for the project you have in mind. I myself own 300 feet and in order to pay for my part of it I would have to sign over part of my prop- erty to the City. I suggest that some other plan of improving Rowan Street be worked on. Very truly yours, Mrs. Mary G, Palmer. Councilman Welu moved that the petition be received and made a matter of record, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Dubuque, Iowa August 25, 1951 City Manager, Mayor and Councilmen, City Hall Bldg., City. Honorable Gentlemen: I wish to voice my objections to Special Session, September 25th, 1951 555 your plans of paving Rowan Street. First, because the assessment against my property is beyond my means of paying. Secondly, I did not request this type of pavement which you propose putting on the street. Thirdly, it is a grave un• just way of doing for Dubuque County to build a road from the Algonquin Chemical Co. to the south end of Rowan Street when it could have been built to U. S. Highway 151 which is paved for this kind of traffic. Also to pave this road without cost to adjoin- ing property or Algonquin Chem- ical Company and pay for it from Farm to Market Road Funds, then expecting property owners adjoin- ing Rowan Street to continue this type of pavement to Grandview Avenue just so Big Business can operate at someone else's expense. Gentlemen. Wake up. Some of those trucks which truck this acid don't even have Iowa licenses or don't even stop to fill up with gas or oil in the City of Dubuque: If it is so essential that this street be paved with this type of pave- ment to accomodate the trucking of sulphuric acid, perhaps the County or State can find some way of paving Rowan Street out of Farm to Market road funds or whatever political name they want to give it. I trust you honorable gentlemen will act wisely on this matter, I remain Yours truly, CHARLES P. FAY Councilman Welu moved that the petition be received and made a matter of record. Seconded by Councilmen Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. To the Honorable City Council: The undersigned residents and property owners of Rowan Street of Dubuque, Iowa, hereby reduce to writing remonstrance to a cer- tain resolution on file with the City Clerk of the City of Dubuque, Iowa, proposing that Rowan Street be reconstructed so as to be 36 feet in width with curbs and gut- ters and paved with 8 inches of concrete, for the following reasons: (1) That there is absolutely no necessity for this type of street; (2) That the cost of such im- provement to the property owner is unreasonable; (3) That the property owners are of the belief that if said street is to be paved as proposed, that the expense be borne by the Al- gonquin Chemical Company of Du- buqu. Iowa. Lester A. Demkier J. D. McMahon Margaret L. Cannon Mary G. Palmer Arnold A. Deich David Mathews Ann Winter Mary Martin Chris Martin Frank Rieghs Frank Heitz Councilman Welu moved that the petition be received and made a matter of record. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. Councilman Kolb moved that the City Engineer be instructed to prepare a plat and schedule for the improvement of Rowan Street with curb and gutter and asphaltic macadam surfacing. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the City Manager be instructed to investigate the possibility of di- verting the heavy truck travel from Rowan Street by way of the City Limits to Highway 151. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 270-51 Resolution of necessity for the improvement of Rowan Street, said resolution having been approved and placed on file with the City Clerk on August 6th, 1951, was presented for final adoption. Councilman Welu moved that . 556 Special Session, September 25th, 1951 action be deferred on the adoption of Resolution No. 270-51, resolu- tion of necessity for the improve- ment of Rowan Street. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of public hearing on Resolution No. 339-51 being a resolution propos- ing the annexation of the follow- ing described unincorporated ter- ritory in the City of Dubuque, presented and read: Commencing at the present city limits line at the northeast corner of the southeast '/a of the north- east r/4 of Section 15, Township 89 North, Range 2 East, thence west 1,320 feet, thence south 1,320 feet, thence west 1,320 feet to the center of Section 15, Town- ship 89 North, Range 2 East, thence west 660 feet, thence south 2,640 feet to the south section line of Section 15, Township 89 North, Range 2 East, thence west along said section line to a point 33 feet east of the southwest corner of Section 15, Township 89 North, Range 2 East, thence south 1,320 feet, thence west 33 feet, to the southwest corner of the northwest '/a of the northwest '/a of Section 22, Township 89 North, Range 2 East, thence south along the west section line of Section 22 to the southwest corner of Section 22, Township 89 North, Range 2 East, thence south 1,320 feet along the west section line of Section 27, Township 89 North, Range 2 East, thence east to intersect with the south property line of Ridgeway Avenue in Lenox Addition, thence southeasterly along the southerly line of Lenox Addition to the west property line of Delhi Road, thence south to the southerly line of U.S. Highway No, 20, thence south 300 feet, thence easterly parallel to U. 5. Highway No. 20 to the exist- ing city limits. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilmen Welu moved that the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 339-51 Resolution declaring the neces- sity for annexation of certain territory to the City of Dubuque; providing for the submission of such proposition ~ to the voters of the City of Dubuque and authoriz• ing institution of proceedings for annexation. Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That it is necessary and proper to meet the present needs of the City of Dubuque, in anticipation of its future growth, essential to its well being and need- ful for proper police, fire and sanitary protection of the City of Dubuque and not for the purposes of revenue only, that the following described unincorporated territory adjoining to the City of Dubuque be annexed thereto and become a part thereof, to-wit: Commencing at the present city limits line at the northeast corner of the Southwest '/a of the north- east '/a of Section 15, Township 89 North, Range 2 East thence west 1320 feet, thence south 1320 feet, thence west 1320 feet to the center of Section 15 Township 89 North, Range 2 East, thence west 660 feet, thence south 2640 feet to the south Section line of Section 15, Township 89 North, Range 2 East, thence west along said sec- tion line to a point 33 feet east of the southwest corner of Section 15, Township 89 North, Range 2 East, thence south 1320 feet, thence west 33 feet, to the south- west corner of the northwest '/a of the northwest '/a of Section 22, Township 89 North, Range 2 East thence south along the west sec- tion line of Section 22 to the south- west corner of Section 22, Town- ship 89 North, Range 2 East, thence south 1320 feet along the west section line of section 27, Township 89 North, Range 2 East, thence east to intersect with the south property line of Ridgeway Avenue in Lennox addition, thence southeasterly along the southerly Special Session, September 25th, 1951 557 line of Lenox Addition to the west property line of Delhi Road, thence south to the southerly line of U.S. Highway No. 20, thence south 300 feet, thence easterly parallel to U. S. Highway No. 20 to the existing city limits. Section 2. That the proposition of the annexation of the above de- scribed territory be submitted to the voters of the City of Dubuque at the next regular municipal elec- tion to be held November 6, 1951. Section 3. That the City Clerk is hereby directed to file notice of the submission of said proposition at said election by publication once each week for three (3) consecu- tive weeks in the manner provided by Chapter 618 of the 1950 Code of Iowa as amended. Section 4. In the event the pro- positionfor the annexation of such territory is adopted by a majority of those voting thereon, then, in that event, the City Solicitor is hereby authorized and directed to file a suit in equity in the District Court of Iowa in and for Dubuque County in the name of the City of Dubuque against all the owners of the above described territory praying far the annexation of said territory to the City of Dubuque. Introduced this 4th day of Sep- tember, 1951. Passed, adopted and approved this 25th day of September, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec• onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Donald D. Roth in the amount of $15.14 for damages to his car caused while Lowell Street was being repaired by the street department, pre- sented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investiga- lion and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Andrew Dub- meyer submitting claim in an un- stated amount for damages to his car while parked in the parking lot at Ninth and Iowa Streets, pre- sented and read. Councilman Austin moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ACCEPTANCE Sinclair Refining Company here- by accepts the terms and provisions of Ordinance No. 41-51 as fin- ally passed, adopted and approved on the 17th day of September, 1951. Sinclair Refining Company By B. L. Meese. It is hereby certified that the foregoing instrument was signed by B. L. Meese for the Sinclair Refining Company by virtue of authority vested in him by Reso- lution of the Board of Directors regularly adopted. Signed this 17th day of Septem- ber, 1951. Lincoln H. Nelson, Assistant Secretary (Corporate Seal) Councilman Kolb moved that the acceptance be received and made a matter of record. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Communication of Dubuque Trades and Labor Congress thank- ing Council far their participation in the Labor Day Parade, pre- sented and read, Councilman Kalb moved that the communication be received and filed. Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication from American 558 Special Session, September 25th, 1951 Municipal Association extending invitation to the Mayor and City Council to attend the American Municipal Congress to be held in Washington, D,C. on December 10, 11, 12, 1951, presented and read. Councilman Kolb moved that the communication be referred to the Council. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of County Audi- tor Meloy advising Council that the Board of Supervisors have re- ceived abid of $50.00 from C. E. Tharp for the purchase of Lot 1 of Sub. 2 of Min. Lot 36A, pre- sented and read. Councilmen Welu moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of County Audi- tor Meloy submitting petition of Katie A. Miller for suspension of taxes on the South 8 feet of Lot 9 and Lot 10 Johnston Sub., pre- sented and read, Councilman Welu moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of T. J. Hickey with reference to the installation of water mains on Romona Street, presented and read. Councilman Kolb moved that the petition be referred to the City Manager. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Donald C. Chamber- lain and others, property owners in Stewart's Subdivision located on the easterly side of Grandview Avenue between South Booth and South Hill Streets, asking Council not to reopen the alley as platted in Stewart's Sub. between York Street and Grandview Avenue, pre- sented and read. Councilman Welu moved that the petition be referred to the City Manager. Seconded by Coun- cilman Kolb, Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Petition of The Oasis Club re- questing arefund in the amount of $75.00 on the unexpired portion of their Cigarette Permit, as they have discontinued business on September 1, 1951, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of The Oasis Club to cover the amount of refund granted on the unexpired portion of their Cigarette Permit. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Jessie D. Sweet and Frances M. Andresen requesting a refund in the amount of $75.00 on the unexpired portion of their Cigarette Permt No. 287, as they have discontinued business on September 15, 1951, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Jessie D. Sweet and Frances M. Andresen to cover the amount of refund granted on the unexpired portion of their Cigar- ette Permit No. 278. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Leonard P. Bertsch and Edwin J. Koerperick request- ing that the alley abutting Lot 22 of Cummins Sub. and Lot 19 of Kane Sub, be graded and that per- mission be granted to improve the alley for a distance of 56 feet north of West Eleventh Street with concrete in accordance with Special Session, September 25th, 1951 559 City specifications, presented and read. Councilman Welu moved that the request be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of F. H. Kretschmer and others, residents on and about Wartburg Avenue and Sunset Ridge, requesting the City Council to cause more stringent parking regulations to be enforced on Wartburg Avenue and Sunset Ridge, presented and read, Coun- cilman Austin moved that the pe- tition be received and filed. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 24, 1951 To the Honorable Mayor Dubuque, Iowa. and City Council, Gentlemen: There exists on Wartburg Place from Fremont Avenue to Sunset Ridge a congested condition due to parking of cars along both sides of the street and the nar- rowness pf the street. I have had this problem investi- gated and from the report as sub- mitted by the Chief of Police, the condition can be corrected by re- stricting parking on one side of the street. It is my recommendation that parking be restricted on the East side of Wartburg Place from Fre- mont Avenue to 385 Wartburg Place; and on both sides of the cement paving from 385 Wartburg to the entrance to Sunset Ridge, where the paving is only about eighteen feet wide. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Kolb moved that the recommendation of City Manager Schiltz be approved and proper proceedings prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Archdiocese of Du- buque and Surkin Mercantile Com- pany requesting permission to low- er the canopy, for which permis- sion was previously granted to erect in accordance with Resolu- tion No. 255-51, to a minimum of 9 feet above the sidewalk with a 10 foot maximum projection, pre- sented and read. Councilman Welu moved that the petition be referred to the City Manager. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of August, 1951, presented and read. Councilman Welu moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-lYlayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Ordinance No. 43-51. An Ordi- nance Authorizing '1'rausch Baking Company to construct a loading dock in the Alley between Iowa Street and Central Avenue, pre- sented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Coun- cilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the ordinance just read, being an ordi- nance granting the right to use or occupy a street be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week before its final adoption. Seconded 560 Special Session, September 25th, 1951 by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Ordinance No. 44-51. An Ordi- nance Amending Ordinance No. 33- 49 to provide for one way traffic on part of Bluff Street and the Alley between Bluff Street and Locust Street and permitting park- ing on the left side of one way streets, presented and read. Coun- cilman Kolb moved that the read- ing just had be considered the first reading of the ordinance. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-Nono. ORDINANCE N0. 44.51 1 AN ORDINANCE Amending Ordinance No. 33.49 to provide for one-way traffic on part of Bluff Street and the alley between Bluff Street and Locust Street and per- mitting parking on the left side of one-way streets. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1, That Schedule I of Ordinance No. 33.49 is hereby re- pealed and the following enacted as a substitute therefor: "SCHEDULE I In accordance with Section 10.6 and when properly signposted, traffic shall move only in the di- rection indicated upon the follow- ing streets or alleys or parts there- of; 1. Traffic shall move northerly only: A, In the alley between Iowa Street and Central Avenue from West Fourth Street to Loras Boulevard; B. In the alley between Locust Street and Main Street from Jones Street to West Twelfth Street; C. In the alley between Bluff Street and Locust Street from Eighth Avenue to West Tenth Street. 2. Traffic shall move southerly only: A. On Bluff Street from Loras Boulevard to Eighth Avenue; B. In the alley between Central Avenue and White Street from East Fourteenth. Street to East Fourth Street; C. In the alley between Main Street and Iowa Street from West Twelfth Street to West Second Street " Section 2. That Section 16.2 of Ordinance No. 33.49 is hereby re- pealed and the following enacted as a substitute therefor: "Section 162. Except where an- gle parking is permitted and on one-way streets, every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right hand wheels of such vehicle parallel with an within eighteen inches (18") of the right hand curb. On one-vvay streets ve- hicles may also be parked with the left hand wheels parallel with and within eighteen inches (18") of the left hand curb." Section 3. 'Phis Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law pro- vided. Introduced the 25th day of Sep• tember, 1951. Rule requiring reading on three separate days suspended by unani- mous vote the 25th day of Septem• ber, 1951. Passed, adopted and approved this 25th day of September, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F, KOLB, RUBEN V. AUSTIN, LEO N. SCIiUELLER, Councilmen. Attest: J. J, SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 28th day of September, 1951. J. J. SHEA, 1tSept28 City Clerk Councilman Kolb moved the adoption of the ordinance. Sec- Special Session, September 25th, 1951 561 onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 25, 1951 To the Honorable Mayor and Members of the City Council, Gentlemen: On September 14, 1951, the claim of J. M, Kapparos in the sum of $105.84 was filed with the City Clerk and subsequently re- ferred to this office for investi- gation and report. Investigation was made and it appears from said investigation that there was no liability upon the part of the City such as would warrant the payment of said claim and therefore respectfully recom• mend that the same be denied. Respectfully Submitted, R. M. CZIZEK, Asst, City Solicitor. Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be approved. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 25, 1951 To the Honorable Mayor and Members of the City Council, Gentlemen: On August 27, 1951, the claim of Maurice D. Comvell in the sum of $2424 was filed with the City Clerk and subsequently referred to this office for investigation and report. An investigation was made and it appears that Claimant sustained the damages alleged in his claim by reason of some defects in the street at Hillcrest Road and As- bury Road, and it is respectfully recommended that the claim be allowed. It is further respectfully urged that the Auditor be in- structed to draw a warrant in favor of Maurice D. Conwell in the sum of $2420 to be delivered to him upon the execution of a proper release. Respectfully submitted, R. M. CZIZEK, Asst. City Solicitor. Councilman I{olb moved that the recommendation of Assistant .City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $2420 in favor of Maurice D. Con- well, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 25, 1951 To the Honorable Mayor and Members of the City Council, Gentlemen: On the 26th day of February, 1950, Stella Welter through her attorneys, O'Connor, Thomas, Mc- Dermott & Wright, filed a petition in the District Court of Iowa, in and for Dubuque County, claiming the sum of $4,800.00 in damages claimed to have been sustained by her, when she was struck on the foot by a loose rock lying upon the city street and named the City of Dubuque and the Diamond Engin- eering Company as Defendants in said notice, After, conferring with attorneys for the Plaintiff, and the attorneys for the llianrond Engineering Com- pany, an agreement has been worked out and the Plaintiff has agreed to accept $700.00 in full settlement of her claim, The Dia- mond Engineering Company has agreed to contribute toward said settlement, the sum of $500.00 and it is the opinion of this office that the City should contribute the re- maining sum of $200.00. It is respectfully recommended that the City Auditor be instructed to draw a warrant in favor of Stella Welter and O'Connor, Thom- as, McDermott Sc Wright, her at- torneys in the sum of $200.00 to be delivered to them upon the execution of a proper release by Stella Welter and dismassal of her motion in the District Court with prejudice, Plaintiff to pay the costs. Respectfully submitted, R. M. CZIZEK, Asst. City Solicitor. Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount 562 Special Session, September 25th, 1951 of $200,00 in favor of Stella Wel- ter and O'Connor, Thomas, Mc- Dermott & Wright, her attorneys, as settlement in full of the City share of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a pro perly executed release and dismis- sal of court action in the District Court, Plaintiff to pay the costs. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. September 25, 1951 To the Honorable Mayor and Members of the City Council, Gentlemen: On August 20, 1951, the claim of J. A, Vander Meulen was filed with the City Clerk and subsequently referred to this office for investi- gation and report. After due investigation, it ap- pears that the city was not guilty of any negligence contributing to the injuries compained of, and it is therefore respectfully recom- mended that this claim be denied. Respectfully submitted, R. M. CZIZEK, Asst. City Solicitor. Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be approved. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, September 7, 1951 To the Honorable Mayor and Members of the City Council, Dubuque, Iowa Gentlemon: On August 7, 1951, the claim of Joe M. Zehentner, was filed with the City Clerk clainung damages in the sam of $35.68, sus• tained when a City trash truck scraped the side of his delivery car in the Alley in rear of his business establishment at 921 Main. Street. This claim was referred to this office for investigation and report. After due investigation it ap- pears that the claim should be allowed and it is respectfully re- commend that the Auditor be in- strncted to draw a warrant in favor of Joe M. Zehentner in the sum of $35.68 to be delivered to him upon execution of a proper release. Respectfully submitted, R. M. CZIZEK, Asst. City Solicitor Councilman Schueller moved that the recommendation of As- sistant City Solicitor Czizek be ap• proved and the City Auditor in- structed to draw a warrant in the amount of $35.68 in favor of Joe M. Zehentner, as settlement in full of his claim, and that said war- rant be delivered upon receipt by the City of Dubuque of a properly executed release. Sconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 22, 1951 Hon. Mayor and Members of the City Council of the City of Dubuque Gentlemen: The petition of Bar• bara Rahloff for suspension of the last half of her 1950 real estate taxes because of infirmity has been referred to this office for investiga- tion and report. I have investigated this petition and find that the facts set out are substantially true and that this is a proper case in which such suspension may be allowed. I therefore recommend that the petition be granted. Sincerely, T. H. NELSON, City Solicitor Councilman Austin moved that the recommendation of City Solici- tor Nelson be approved and the Board of Supervisors to be noti- fied of Council action. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. September 21, 1951 Hon Mayor and Members of the City Council of the City of Dubuque Gentlemen: The claim of George and Teresa Pappas for injury done to their property by George Saf- fron was referred to this office for investigation and report. Upon in- vestigation Ifind that Mr. Saffron was an independent contractor and any injury done to the Pappas Special Session, September 25th, 1951 563 property was not pursuant to his contract with, the City. T therefore recommend that the claim be denied. Sincerely, 'f. H. NELSON, City Solicitor Councilman Kolb moved that the recommendation of City Solicitor Nelson be approved. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 21, 1951 Hon. Mayor and Members of the City Council of the City of Dubuque Gentlemen; 'ihe claim of Don E, iVIeyer for damages resulting from catching a pocket of his coat on the handle of a parking meter has been referred to this office for in- vestigation and report. You are ad- vised that in my opinion no liabil- ity on the part of the City can arise from an accident of this nature since the maintenance of these parking meters is a proper use of the sidewalk antler the city gov- ernmental capacity and that the claim should be denied. Respectfully, T. H. NELSON, City Solicitor Councilman Kolb moved that the recommendation of City Solicitor Nelson be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. September 21, 1951 Hon. Mayor and Members of the City Council of the City of Dubuque Gentlemen: At the time of the consideration of the proposed amendment to the Zoning Ordin- ance you deferred action pending the disposition of the appeal of the City v. Glenview Motel. You are advised that the appellant has dis- missed his appeal and paid the as- sessed fine and costs thus dispos- ing of this matter. This also disposes of any pend- ing issue with the opinion of this office that Zoning Ordinance pro- hibits the use of land for the parking of trailers in residential or local business districts. Sincerely, T. H. NELSON City Solicitor. Councilman Kolb moved that the communication and opinion of City Solicitor Nelson be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 20, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Mae Roeder and others asking for the installation of a street light at Arlington and Prairie Streets was referred to the City Manager for recommendation and report. I recommend that the first light on Arlington Street east of Prairie be moved to the corner of Arling= ton and Prairie Streets and that a new style light be installed in place of the old one. Respectfully submitted, L. J. SCHH,TZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 20, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Thomas J. Mul- grew Company asking for the establishment of a limited parking zone on Jones Street from Main to the railroad tracks was referred to the City Manager. I have had this matter investi- gated and find that this street is used very extensively for loading and unloading of merchandise. The area adjacent is not restricted parking area with the result that there is long term parking, deny- ing its use for business purposes. It is, therefore, recommended that the north and south sides of Jones Street between Main and the railroad tracks be restricted :bra , .ya+~wa~a~~arykwir 564 Special Session, September 25th, 1951 to 15 minute parking between the hours of 9 A.M. and 5 P.M., Sun- days and holidays excepted. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved and proper proceedings prepared. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 22, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I am presenting for your consideration an Excavation Ordinance to replace Ordinance No. 171 which was adopted in 1926, This proposed ordinance will give the city better cantiol over excavations made in city streets and enable the City Manager to pre- scribe rules and regulations re- garding excavations and replace- ment of pavement surfaces. Because of the many claims against the city due to faulty back- filling by the numerous people now making excavations, and thereby resulting in settlement of the pave- ment surfaces, a new excavation ordinance should be adopted. I recommend that the City Coun- cil approve this ordinance. Respectfully submitted, L. J. S(;HILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 45-51 Ordinance prohibiting excava- tions in streets or other public places without a permit; providing for the issuance of permits and making a charge therefor and pro- viding apenalty for a violation thereof, presented and read. Councilman Austin moved that the reading just had be considered` the first reading of the ordinance. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 45-51 Ordinance ' prohibiting excava- tions in streets or other public places without a permit; providing for the issuance of permits and making a charge therefor and providing a penalty for a violation thereof. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. No person, firm or corporation shall make or cause to be made any excavation in any public street, avenue, alley or oth- er public place in the City of Du- buque or dig up, cut into, or re- move any public sidewalk, curb or pavement without first obtaining a permit from the City Manager as hereinafter provided. Section 2. Before any such per- mit shall be issued, an application therefor shall be filed with the City Manager by the person desir- ing to do the work which applica- tion shall state the place, amount and purpose of the contemplated work, the time when the work is to be started and the estimated time required for completion there- of, together with such other infor- mation as the Manager may reason- ably require to determine whether the permit would be granted. Each application shall contain an agree- ment signed by the applicant, in which the applicant agrees to per- form the work, including all dig- ging, tunnelling, backfilling and restoration of the surface in a good and workmanlike manner and in accordance with specifications es- tablished by the City Manager. Section 3. Such application shall contain an agreement by the appli- cant to compensate the City for the cost of restoring the pavement surface determined as hereinafter provided. Section 4. When the permittee has completed the excavation, in- cluding backfilling and restoration Special Session, September 25th, 1951 565 to the approval of the City Man- ager, the paving surface shall then be restored by the City Street De- partment, as soon as practicable at permittee's cost. The cost of the re- storation of the pavement surface shall be determined by the City Manager and shall include field labor, supervision, materials, use of equipment, and inspection. The City Manager may, in his discre- tion, make an additional charge equal to 2% of the basic charge multiplied by the difference be- tween 36 and the number of months the pavement has been laid. Section 5. At the time the appli- cation is filed the applicant shall deposit with the City Treasurer a sum equal to the charge for re- storing the pavement surface as estimated by the City Manager which sum shall be retained by the City to apply against the charge for restoring the surface herein- above referred to and credited to the Street Fund. In the event the amount of the deposit proves to be in excess of the charge the dif- ference shall be refunded to the permit holder. Section 6. Any work done under a permit provided for in this or- dinance shall be performed in such a manner as to cause the least possible interference with the movement of traffic. On main thoroughfares there shall be at all times sufficient traffic lanes open to permit a substantially normal traffic flow. Unless this can be ac- complished the work shall be con- fined to the hours between 9 a.m. and 4 p.m. or between midnight and 7 a.m. In the event the work is of emergency nature the City Manager may authorize work dur- ing other hours but shall assign police to direct traffic. Section 7. Permits shall be ex- ecuted in duplicate and shall show the work for which the same has been granted, the name of the per- son, firm or corporation to whom the same is issued, the location of the premises the purpose of the excavation and the time within which the work shall be com- menced and completed. The work shall be started within one week from the date of the issuance of the permit. Section 8. No permit shall be granted to any person, firm, or cor- poration unless such person, firm or corporation shall have first been authorized by the City Council to do excavating within the limits of the City and shall have deposited a policy of liability insurance satis- factory to the City Council insuring the City against any liability aris- ing out of the work during the per- iod the same is being carried on or within 2 years thereafter. Section 9. Any work done under a permit as provided for in this ordinance shall be done expedi- tiously and in a good and work- manlike manner under the direc- tion and supervision of the City Manager. Section 10. Any person, firm or corporation violating the provisions of this ordinance shall upon con- viction thereof be punished by a fine of not more than $100.00 or, in default thereof, imprisoned for not more than thirty days. Section 11. Any person, firm or corporation who shall fail to com- ply with the terms and conditions of the permit herein authorized or shall violate the terms of this or- dinance shall not hereafter be granted another such permit with- out the prior approval of the City Council. Section 12. The City Manager is hereby authorized to delegate any of the powers conferred on him by this ordinance to either the City Engineer or the City Plumbing In- spector. Section 13. The provisions of this ordinance shall not apply to City Departments or to persons per- forming work under a contract with the City but any such contract shall require a substantial com• pliance with the provisions of this ordinance. Section 14. Ordinance No. 171 adopted February 1, 1926, is here- by repealed. Section 15. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law pro- vided. Introduced the 25th day of Sep- tember, 1951. Rule requiring reading on three separate days suspended by unani- mous vote the 25th day of Septem- ber, 1951. K M ~ ..:. ~~~n r u . a.:~~,ww kx~i+-a?r~+~~r araw,w.'~"~'~"y.p"y'~'"~~!~!+#'+'l~C°"'~= i .~. 1~ '; i 566 Special Session, September 25th, 1951 Passed, adopted and approved this 25th day of September, 1951, ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J, SHEA, City Clerk Published officially in The Tele- graph-Herald newspaper this 28th day of September, 1951. J. J. SHEA, City Clerk Councilman Austin moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. September 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following pol- icies and bonds and desire to have your approval on same for filing: EXCAVATION Key City Plumbing & Heating Co., 130 West 13th Street, Policy No. M&C 313991 '1'he Western Cas- ualty & Surety Co. Curtis-Straub Company, 1072 Lo- cust Street, Policy No. PC-13551 Central Surety & Ins. Corporation. W. J. Jordan, 1748 Audubon Street, Bond No. 12.477-301 New York Casualty Co. Braconier Plumbing & Heating Co., (W. Irvin Champion, Owner) 1091 University Avenue, Bond No. GA 296328 650428 Indemnity Ins. Co. of North America. ' Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the bonds and policies be approved and placed on file. Seconded by Coun• Gilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Sept. 21, 1951 L. J. Schiltz, City Manager Dear Sir: This is in reply to your inquiry as to the status of the Rex Club beer license in view of your recent information that this club was convicted of illegal pos- session of intoxicating liquors in 1950. In my opinion, if it is estblished that the Rex Club itself was so con- victed then it is not qualified to hold a beer permit under the Iowa law and it is mandatory upon the City Council to revoke any beer permit now held by this organiza- tion. It is also my opinion that, if you have such information in your pos- session its your duty as City Man- ager to so advise the City Council and request the revocation, Sincerely, T. H, NELSON, City Solicitor September 20, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I have caused a re• examination of the violation rec- ord of the Rex Club in the City of Dubuque and find that the in• formation listed below was not made available to the City Council when the permit was granted for the operation of this Club. On the 28th day of February, 1950, an information No. 8551 was filed in the District Court of Du- buque County, Iowa, accusing the Rex Club, 127 West 6th Street in Dubuque, Iowa, of having in its possession and under its control gambling devices, also known as punch boards, contrary to and in violation of Section 728.5 of the 1946 Code of Iowa. Also on the 28th day of Febru• ary, 1950, an information No. 8552 was filed in the District Court of Dubuque County, Iowa, accusing the Rex Club, 127 West 6th Street in Dubuque, Iowa, of Illegal Pos- session of Liquor in that while holding a Class B Beer Permit, did have in its possession alco- holic liquors for beverage pur- poses having an alcoholic content greater than 4% by weight, con- trary to and in violation of Section 124.31 of the 1948 Code of Iowa. On the 23rd day of March, 1950 the Rex Club as defendant in the District Court of Dubuque, Du- buque County, Iowa, was fined $300.00 and costs on each of these ~i Special Session, September 25th, 1951 567 charges. Judge John G. Chalmers presiding, This information was also not submitted with the permit to the State Beer Board. In view of this re-examination, I would recommend that the City Council revoke the license of the Rex Club because had this infor- mation been available to the Coun- cil when the permit was applied for no permit could have been is- sued. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the opinion of City Solicitor Nel- son and the recommendation of City Manager Schiltz be approved. Seconded by Mayor Russo. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 350-51 Be It Resolved by the City Council of the City of Dubuque that Class "B" Beer Permit No. 84, heretofore issued to the Rex Club, 127 West Sixth Street, Du- buque, Iowa, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancellation. Passed, adopted and approved this 25th day of September, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Schueller moved that the matter of forfeiture of license fee of The Rex Club, as to whether the same is mandatory, be referred to the City Solicitor for a report back to the City Council. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Councilman Welu not voting. September 21, 1951 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: The petition of Clem J. McGuire asking permission to erect a can- opy on and to the front of building located at 356 Main Street was referred' to us to further investi- gate the type of canopy desired and the method of installation, Mr. McGuire was contacted by the Building Commissioner and he described the installation as fol- lows: A canopy six feet in width, at- tached to the front of the building over the entrance and extending out a distance of approximately ten feet. At the outer edge, the canopy would be supported by two posts which would rest on the public sidewalk. It was suggested to Mr. McGuire that the canopy be supported by inclined ties from the front of canopy upward and to the front of building thereby eliminating the supporting posts, this he de- clined to do. Therefore due to the obstruc- tions that would be placed on the public sidewalk by reason of the supporting posts we recommend the denial of this petition. Respeptfully submitted, L. J. SCHILTZ, City Manager. DONALD J. BANDY, Building Commissioner. Councilman Austin moved that the recommendation of City Man- ager Schiltz and Building Com- missioner Bandy be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 351-51 Whereas, the City Council on June 29, 1950 accepted the offer of Mrs. John Donahue for the purchase of Lot 2 of 2 of 22, Lot 2 of 1 of 21, Lot 2 of 20 and Lot 2 of 19, all of Randall Sub. No. 2 in the City of Dubuque; and Whereas, Mrs. John Donahue has 568 Special Session, September 25th, 1951 submitted a plat of the property as required, and has paid the con- sideration of Forty Dollars ($40.00): Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that the Mayor and Clerk are here- by authorized to execute on the behalf of the City of Dubuque a plat and deed for the above de- scribed property. Passed, adopted and approved this 25th day of September, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 352-51 Resolution authorizing convey- ance of Lot Two of Lot One of Lot Three in Randall's Sub. to Peter J. Faber, Whereas, Peter J. Faber has offered to purchase the following described real estate from the City of Dubuque for the price of $400.00; and Whereas the City Council has viewed the ground and has had the same investigated and the City Manager deems this property un• suitable to any public purpose of the City of Dubuque; Naw Therefore Be It Resolved: That the Mayor is hereby auth- orized to execute a Quit Claim Deed in the name of the City of Dubuque conveying all its right, title and interest in: Lot Two of Lot One of Lot Three in Randall's Subdivision in the City of Dubuque, Dubuque County, Iowa, to Peter J. Faber of Dubuque, Iowa, and to execute on behalf of the City the plat of the subdivision of said Lot One and Lot Three in Randall's Subdi- vision now on file with the City Clerk. That the City Clerk is hereby authorized and empowered to affix the Seal of the City of Dubuque to said deed and said plat; That the City Clerk is hereby authorized to deliver said deed to the said Peter J. Faber upon re- ceipt of the agreed purchase price of Four Hundred Dollars ($400.00) in cash. Introduced and placed on file for final action this 25th day of September, 1951. Councilman Welu moved that the resolution be approved and placed on file for final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 353-51 Resolution setting time and place of hearing on ,proposal to dispose of real estate. Whereas a Resolution No. 352- 51 has been introduced in the City Council of the City of Du- buque, providing for the sale of Lot Two of Lot One of Lot Three in Randall's Subdivision to Peter J. Faber for $400.00; and, Whereas, before such Resolution may be adopted a public hearing must be had thereon; Now Therefore Be It Resolved by the City Council of the City of Dubuque: That a public hearing be held on said proposed Resolution on the 5th day of November, 1951, at 7:30 o'clock p.m. in the City Coun- cil Chambers in the City Hall in the City of Dubuque, Iowa, at which time and place all interested parties will be given an opportun- ity to be heard and that the City Clerk is hereby directed to publish notice of said hearing one each week for two consecutive weeks in the manner provided by law. Adopted this 25th day of Sep- tember, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest; J. J. SHEA, City Clerk. Councilmen Welu moved the adoption of the resolution. Sec- Special Session, September 25th, 1951 569 onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION NO. 343-51 Whereas, proposals have been submitted by contractors for the construction of an eight (8) inch vitrified the sanitary sewer in Levi Street beginning at the in- tersection with Lorimer Street and running west along the centerline of Levi Street to Sullivan Street; thence south along the centerline of Sullivan Street to the existing manhole located at the intersec• tion of Sullivan Street and English Lane pursuant to Resolution No. 311-51 and Thomas Flynn Coal Company contractor, has sub- mitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 17th. 1951. Passed and adopted this 25th day of September, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 344-51 Whereas, proposals have been submitted by contractors for the improvement of Avoca Street with curb and gutter frgm the south property line of Rosedale Avenue to the north property line of Cherry Street pursuant to Resolu- tion No. 317-51 and Thomas Flynn Coal Co. contractor, has submitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Caal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 17, 1951. Passed and adopted this 25th day of September, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 345-51 Whereas, proposals have been submitted by contractors for the improvement of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south property line of Lowther Street pursuant to Resolution No. a ... ,..... .. -, - . ,, st e~x~^r~^a ~ ~~ ~ ~ ~ 570 Special Session, September 25th, 1951 313-51 and Thomas Flynn Coal Co. contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 17th, 1951. Passed and adopted this 25th day of September, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nags-None. (Awarding Contract) RESOLUTION N0. 346-51 Whereas, proposals have been submitted by contractors for the improvement of Green Street with concrete curb and gutter from the east property line of Avoca Street to the west property line of Al- gona Street pursuant to Resolution No. 325--51 and Thomas Flynn Coal Co. contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 17th, 1951. Passed and adopted this 25th day of September, 1951. ROMOLO N, RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (,Awarding Contrect- RESOLUTION N0. 347-51 Whereas, proposals have been submitted by contractors for the improvement of West Sixteenth Street with curb and gutter from the west property line of Catherine Street to the end of Street pur- suant to Resolution No. 321-51 and Thomas Flynn Coal Co. con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its R Special Session, September 25th, 1951 571 passage and adoption ~y the City Council. Approved and placed on file for one week on September 17th, 1951. Passed and adopted this 25th day of September, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J, J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 354-51 Be It Resolved b y the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Nick Weber and Celia Weber, (Effective 10/1/51), 998 Central Avenue. John R. Schueller, (Effective 10/1/51),601 Rhomberg Avenue. Walter " W. Knoll, (Effective 10/1/51), 205 Kaufman Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 25th day of September, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F, KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHWA, City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen A tin Kolb Schueller Welu Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address John R. Schueller, 601 Rhomberg Avenue. John J. Hickey and Thomas J. Hickey, 55 Locust Street. Roshek Bros. Company, 700.798 Locust Street. John E. Noel and June M. Noel, 2400 Central Avenue. Nick Weber and Celia Weber, 998 Central Avenue. CLASS "B" PERMIT FOR PRNATE CLU& Disabled American Veteran s Club, Inc., 95I~i Main Street. CLASS "C" PERMIT Arthur H. Eichman, 2119 Rhom- berg Avenue. W. C. Crahan, Cor. Dodge and Bluff Streets. Merlin Apel, 1195 Dodge Street. Joseph d. Siege, Jr. and Ferdin- and W. Kenniker, 2401 Windsor Avenue. William Wand, 2850 Burlington Street. Arthur R. Knoll, 205 Kaufman Avenue. Passed, adopted and approved this 25th day of September, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second• rri by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. us ~ ~ RESOLUTION N0. 356-51 Nays-None. Whereas, heretofore applications RESOLUTION N0. 355-51 for Beer Permits were filed by the Whereas, applications for Beer within named applicants and they • +~~-+~^f=*a*«re.try.,,,,...e.-+~Y2~~3~i~aw~wrRgbd+~'!Y~u.9~~~! ~k`~ - 572 Special Session, September 25, 1951 have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: Now Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT Name Address John R. Schueller, 601 Rhomberg Avenue. John J. Hickey and Thomas J. Hickey, 55 Locust Street, Roshek Bros. Company, 700.798 Locust Street. John E. Noel and June M. Noel, 2400 Central Avenue, Nick Weber and Celia Weber, 998 Central Avenue, ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk Approved ................................1952 Adopted ..................................1952 Councilmen ..................................... CLASS "B" PERMIT FOR PRNATE CLUB Diasabled American V e t e r a n s Club, Inc,, 951'/z Main Street. CLASS "C" PERMIT Arthur H. Eichman, 2119 Rhom• berg Avenue. W. C. Crahan, Cor. Dodge & Bluff Streets. Merlin Apel, 1195 Dodge Street. Joseph J. Siege, Jr. & Ferdinand W. Kenniker, 2401 Windsor Av- enue. William Wand, 2850 Burlington Street. Arthur R, Knoll, 205 Kaufman Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 25th day of September, 1951. ROMOLO N. RUSSO, Mayor CLAREir1CE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J, SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Second- Attest ........................................ City Clerk. .~ti WW y~paW~ ~~, .r,.e ., ., ...q.:awry.ya.M~~f.a.a.rr,fl"M,~'fi'P'A'„!4P`y~°'~.~i.'~.i"1p',P:`~''~1"m~l'~i#~'~~',"`P'4'9w'd' .1' .. .. Regular Session, October 1, 1951 573 C ty Council (OFFICIAL) Regular Session, October 1st, 1951. Council met at 7:30 P.M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Mayor Russo stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and in• tention of the City Council to is- sue bonds for the construction of vitrified file sanitary sewer laterals of variable diameters within the "Simpson-Coates Street Sewer Dis- trict," said district having been created and established by Ordin- ance No. 10.50. Vitrified file sani- tary sewer laterals shall be con- structed on the various sizes and in locations as follows: An eight (8) inch vitrified sani- tary sewer line beginning at the intersection of the centerlines of Coates Street and Cross Street and running westerly a distance of 560 feet to the prolongation of the east line of Lot 2 of Lot 2 of Lot 1 of R. W. Baker's Subdivision; also from the intersection of the center- lines of Coates Street and Cross Street running easterly along the centerline of Coates Street to a point on the prolongation of the east line of Lot 1 of the Subdivision of Lots 39, 40 and 41 of Simpson's Addition; also from the intersec- tion of Coates Street running south- erly along the centerline of Cross Street to the intersection with the centerline of Simpson Street; thence along the centerline of Simpson Street westerly a distance of 500 feet; also from the inter- section of the centerlines of Simp- son Street and Cross Street run- ning easterly along the centerline of Simpson Street to a point on the prolongation of the west line of Lot 1 of Lot 45 of Simpson's Ad• dition; also from the intersection of Coates Street and Cross Street running north 22 degrees and 30 minutes west a distance of 259 feet; thence a twelve (12) inch vit- rified file line running north 22 degrees 30 minutes west a distance of 45 feet to a point intersecting the Trunk Line Sewer. An eight (8) inch vitrified file sanitary sewer line beginning at the intersection of the southerly line of Lot 1 of Dubuque Homes Subdivision Nwnber 2 and the centerline of the recorded ease- ment of 6 foot width running southerly through the lots of Du- buque Homes Subdivision Number 2 located to the west of Cherokee Drive and thence running souther- ly along the centerline of said easement to a point 30 feet north- erly from the southerly line of Lot 13 of Dubuque Homes Sub- division Number 2, thence a twelve (12) inch vitrified file line running south 42 degrees 30 minutes east a distance of 224 feet to a point intersecting the 'Drunk Line Sewer, An eight (8) inch vitrified file sanitary sewer line beginning at the intersection of the southerly line of Lot 23 of Dubuque Homes Subdivision Number 2 and the centerline of the recorded ease- ment of 6 foot width running south- erly along the easterly line of the lots lying east of Cherokee Drive and thence running southerly along the centerline of said ease- ment to the point of intersection with the Trunk Line sewer, pre- sented and read. Councilman Kolb moved that the proofs of publication be received and filed. Seconded by Council man Welu. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Dubuque, Iowa September 27,1951 To the Honorable Mayor and Council, City of Dubuque, Iowa Gentlemen: Inasmuch as no ef• fort has been made to repair or replace curbing destroyed in con- struction of sewer adjacent to Lot 1 of Lot 1 of R. W. Baker Addition and surplus rock and dirt scattered in front of these premises have not been removed and repairs made to terrace I hereby protest the ac-