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1951 October Council Proceedings 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. CLASS "B" PERMIT FOR PRNATE CLUB Diasabled American V e t e r a n s Club, Inc., 951' Main Street. CLASS "C" PERMIT Arthur H. Eichman, 2119 Rhom- berg Avenue. W. C. Crahan, Car, 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 CLARENCE P. WELU, 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- 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 ..................................... Attest ........................................ City Clerk. i!`Nwe• ~,.,,..::. r t'urv~P~~,'8V'+R'Qf A~iC'~F++-r Mu•'S"~',"d„~ .; Regular Session, October 1, 1951 573 City 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 the 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 the 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 5impson'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 the 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 the sanitary sewer line beginning at the intersection of the southerly line of Lot 1 of Dubuque Homes Subdivision Number 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 the line running south 42 degrees 30 minutes east a distance of 224 feet to a point intersecting the 'trunk Line Sewer. An eight (8) inch vitrified the 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- 574 Regular Session, October 1, 1951 ceptance of this contract until these conditions are corrected. Respectfully, Paul L. Cate 2340 Coates Street Dubuque, Iowa Councilman Austin moved that the petition be received and filed. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, CouncIlmen Austin, Kolb, Schueller, Welu. Nays-None. City of Dubuque, Iowa Schedule of Assessments RESOLUTION N0. 357-51 Resolved by the City Council of the City of Dubuuue, Iowa that to pay for the cost of the con- struction of vitrified the sanitary sewer laterals of variable diameters within the "Simpson-Coates Street Sewer District," said district hav- ing been created and established by Ordinance No. 10-50. Vitrified the sanitary sewer laterials shall be constructed of the various sizes and in locations as follows: An eight (8) inch vitrified the sanitary sewer line beginning at the intersection of the centerline of Coates Street and Cross Street and running westerly a distance of 500 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 centerlines 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 Subdivi- sion of Lots 39, 40 and 41 of Simp- son's Addition; also from the inter- section of Coates Street running southerly along the centerline of Cross Street to the intersection with the centerline of Simpson Street; thence along the centerline of Simpson Street westerly a dis- tance of 500 feet; also from the intersection of the centerlines of Simpson Street and Cross Street running easterly along the center- line of Simpson Street to a point on the prolongation of the west line of Lot 1 of Lot 45 of Simp- son's Addition; also from the inter- section of Coates Street and Cross Street running north 22 degrees and 30 minutes west a distance of 259 feet; thence a twelve (12) inch vitrified the line running north 22 degrees 30 minutes west a distance of 45 feet to a paint intersecting the Trunk Line Sewer. An eight (8) inch vitrified the sanitary sewer line beginning at the intersection of the southerly line of Lot 1 of Dubuque Homes Subdivision Number 2 and the cen- terline of the recorded easement of 6 foot width running southerly through the lots of Dubuque Homes Subdivision Number 2 located to the west of Cherokee Drive and thence running southerly along the centerline of said easement to a point 30 feet northerly from the southerly line of Lot 13 of Dubuque Homes Subdivision Number 2, thence a twelve (12) inch vitrified the line running south 42 degrees 30 minutes east a distance of 224 feet to a point intersecting the Trunk Line Sewer. An eight (8) inch vitrified the sanitary sewer line beginning at the intersection of the southerly line of Lot 23 of Dubuque Homes Subdivision ATurnber 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 easement to the point of intersection with the Trunk Line Sewer. George Saffran, contractor, in front of and adjoining the same a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Clifford H. & Lillian 0. Richardson, Lot 1, fades Heights ..............................$742.56 James A. & Phyllis A. Most, Lot 2, Sub 1-1, Hosford & Gruners Add ................... 302,53 Meyer Zuckerman, Lot 1, Sub 2, Grote Place ........., 302.53 James & Blanche Cole, Lot 2, Sub 2.2, Grote Flace .... 330.02 Marg't. Grote, Lot 1, Sub 2.2, Grote Place ................ 67.39 Thomas B. & Elizabeth Schmid, Lot 1, Grote Place ................................. 601.88 Louis L. & Marcell Marf, Lot 1, Sub 1-1-59, Simpson's Add ..................................... 198.62 ,~ R_ Regular Session, October 1, 1951 575 David 0. Gronen, Lot 2, Sub. 1.59, Simpson's Add..,..,. 192.51 Vernon 0. & Stella J. Moore, Lot 2, Sub 1.1.59, 5imp- son's Add ........................... 126.12 Vernon 0. & Stella J. Moore, Lot 2, Sub 1-1-2.60, Simp- son's Add ........................... 11.39 Jess B. & Rhoda Graves, Lot 1, Sub 1.1.2.60, Simpson's Add ..................................... 198.62 Eugene G. & Charlotte Lytle, Lot 2, Sub. 1-2.60, Simpson's Add ................. 192.51 Romona Gartner, Lot 1, Sub 60, Simpsan's Add........... 181.98 Romona Gartner, Lot 61, Simpson's Add ................. 605.60 Theresa Pappas, Lot i, Sub. 62, Simpson's Add........... 57122 Keith D. & Mildred F. Preg• ler, Lot 2, Sub. 62, Simp- son's Add ......................... 54.19 Keith D. & iViildred Preg- ler, Lot 63, Simpson's Add . .................................... 552.24 Ed. C. & Madelon Tschudi, Lot 1, Sub, 45, Simpson's Add .................................... 218.64 Ruben & Alberta Pline, Lot 46, Simpson's Add...,....... 472.13 Paul F. & Bertha Bazelides, Lot 1, Albers Add........... 226.90 Theela Helen Lungren, Lot 2, Albers Add ................... 192.51 Daniel & Betty M. Vrotsos, Lot 3, Albers Add ............. 192.51 Kenneth J. & Ellen M. Tang- man, Lot 4, Albers Add... 192.51 Cyril H. & Katherine Loos- brack, Lot 5, Albers Add. 192.51 Jos. E. & Hattie R. Bell, Lot 6, Albers Add ................... 192.51 Wm. E. & Hilda Brown, Lot 7, E. 72'-6", Albert Add... 199.39 Wm. E, & Hilda Brown, W, 10', Lot 7, Albers Add..... 27.51 Maurice J. & Helen Dono- hue, Lot 15, Rolling Green Sub ......................... 137.51 Maurice J. & Helen Dono- hue, E. 25' Lot 14, Rolling Green Sub ......................... 68.76 P. J. Seippel, W. 25' Lot 14, Rolling Green Sub.......,. 68.76 P. J. Seippel, Lot 13, Rolling Green Sub ......................... 137.51 Jahn & Katherine Kintzing- er, Lot 12, Rolling Green Sub . .................................... 137.51 John & Katherine Kintzing- er, E. 25' Lot 11, Rolling Green Sub . ........................ 68.76 Emma R. Wurst ~ Edw. W. Henak, W. 25' Lot 11, Rol• ling Green Sub ................. 68.76 Emma R. Wurst & Edw. W. Henak, Lot 10, Rolling Green Sub ......................... 137.51 Kermit &Evlaine Meyers, Lot 9, Rolling Green Sub. 137.51 Kermit &Evlaine Meyers, E. 25' Lot 8, Rolling Green Sub ......................... 68.76 Thomas & Inez Lilly, W. 25' Lot 8, Rolling Green Sub. 68.76 Thomas & Inez Lilly, Lot 7, Rolling Green Sub........... 137.51 Class F. & Ellan M. Gollo- bitz, Lot 6, Rolling Green Sub . .................................... 137.51 P. J. Seippel, Lot 5, Rolling Green Sub ......................... 137,51 Theo. A. E. & Hazel Rich- ard, Lot 1, Rolling Green Sub . .................................... 191,19 Fred W. & Anna Dlae Asch- enbrenner, Lot 2, Rolling Green Sub ......................... 191.19 Florence M, Hauptili, Lot 3, Rolling Green Sub..... 191.19 Winifred S. Potterveld, Lot 1, Sub 2, H. W. Baker's Sub . .................................... 687.54 Winifred S. Potterveld, Lot 2, Sub. 2, R. W. Baker's Sub . .................................... 165.02 Geo. Jecklin, Lot 1, Sub. 1-2, Part of Jecklin Farm 2530.18 Richard L. Wynes, W. 50' Lot 2, Sub 2-1, R. W. Bak- er's Sub ............................. 137.51 Floyd & Helen Petersen, E. 50', Sub. 2.1, R. W. Bak- er's Sub ............................. 137.51 Floyd & Helen Petersen, W. 25', Lot 2, Sub. 1.2.1, R, W. Baker's Sub . ................ 68.76 Young Men's Christian Assn. E 75', Lot 2, Sub 1-2.1, R, W. Baker's Sub. 206.27 Richard L. Wynes, Lot 1, Sub. 1.2.1, R. W. Baker's Sub . .................................... 275.02 Paul L. Cate, Lot 1, Sub. 1.1, R. W. Balrpr's Sub... 690.30 Earl A. & M. Lois Stewart, Lot 2, Sub. l-1, R. W. Bak- er's Sub ............................. 247.53 Ida J. Kluck, Lot 11, Du• buque Homes Sub No. 1.. 178.76 Kenneth J. & Elinore Pat- terson, Lot 10, Dubuque Homes Sub, No. 1 ....,....... 178.76 576 Regular Session, October 1, 1951 Louise A. Ede, Lot 1, Sub. 9 Dubuque Homes Sub. No. 1 ~ ........................................ 216.11 Lloyd A. & Florence U. Abel, Lot 2, Sub. 9, Du buque Homes Sub. No, 1.. 216.13 Robert G. & Erma L. Wicks, Lot 8, Dubuque Homes Sub. No. 1 .......................... 220,02 Robert G. & Erma L, Wicks, Lot 7, Dubuque Homes Sub. No. 1 .......................... 165.02 Louis J. & Mary A. Kirk• wood, Lot 6, Dubuque Homes Sub. No. 1 .......... 165.02 Julius J. & Blanche A. Schmid, Lot 5, Dubuque Homes Sub. No. 1 .,........ 165.02 John D. & Mabel Herdrick, Lot 4, Dubuque Homes Sub. No. 1 .......................... 165.02 Delbert E. & Erma L. Graves, Lot 3, Dubuque Homes Sub. No. 1 ...,...... 165.02 Bert H. & Dortha K. Sim- mons, Lot 2, Dubuque Homes Sub. No. 1 ............ 165.02 Glen E. Carris, Lot 1, Du- buque Hames Sub. No. 1,. 165.02 John F. Kircher, Lot 10, Sub 39.40.41 Simpson's Add . .................................... 137.51 John F. Kircher, Lot 9, Sub. 39.40-41, Simpson's Add... 137.51 Donald & Wilma R. Ferree, Lot 8, Simpson's Add....,.. 137.51 Donald & Wilma R. Ferree, W. 30', Lot 7, Sub 19.40- 41, Simpson's Add........... 82.51 Joseph & Estelle Loney, E. 20', Lot 7, Sub. of 39.40• 41, Simpson's Add........... 55.00 Eldon E, & Charles J. Weid- enbacker, Lot 1, Sub. of 6, Sub 39-40.41, Simpson's Add ..................................... 110.00 Eldon E. & Charles J. Weid- enbacker, Lot 2, Sub, of 6, Sub. 39-40.41, Simpson's Add . .................................... 27.51 Eldon E. & Charles J. Weid- enbacker, Lot 5, Sub 39- 40.41, Simpson's Add....... 137.51 John 0. & Helen D. Walker, Lot 4, Sub. 39.40.41, Simp- son's Add ........................... 137.51 John 0. & Helen D. Walker, Lot 3, Sub. 39.40.41, Simp- son's Add ........................... 137.5] Ralph G. & Laura Russell, Lot 2, Sub. 39.40.41, Simp- son's Add ........................... 137.5] Paul T. & Helen Woodnorth, Lot 1, Sub. 39.40.41, Simp- son's Add ........................... 178.76 Emma Kleiner, Lot 9, Simp• son's Addition .................. 274.47 Ella & Mary Horner, Lot 10, Simpson's Addition ...,,..... 283.54 Joseph E. & Estelle Loney, Lot 11, Simpson's Add..,.. 298.95 Louise Halliburton, Lot 12, Simpson's Add . ................ 313.79 Thomas D. & Dorothy Brod- erick, Lot 13, Simpson's Add ..................................... 331.67 Edw. D. & Louise Tangeman E, 68', Lot 14, Simpson's Add ..................................... 187.01 Edw. D. & Louise Tangeman W. 60', Lot 14, Simpson's Add ..................................... 165.02 James & Marg't. Pieken- brock, Lot 15, Simpson's Add . .................................... 378.43 W. H. & Cecilia Nordensen, Lot 22, Dubuque Homes Sub. No. 2 .......................... 165.02 Byron & Evelyn L. Frank, Lot 23, Dubuque Homes Sub, No. 2 .......................... 165.02 Sigurd & Lydia W. Lunde, Lot 21, Dubuque Homes Sub. No. 2 ........................ 165.02 Harry T. & Gertrude Bot- torff, Lot 20, Dubuque Homes Sub. No. 2 .......... 165.02 Iowa Impr, Co., Lot 19, Du- buque Homes Sub. No. 2 .. 165.02 Dubuque Homes, Inc., Lot 2, Sub 18, Dubuque Homes Sub. No. 2 .......................... 16.50 Dubugge Homes, Inc. Lot 1, Sub. 18, Dubuque Homes Sub. No. 2 .......................... 148.52 Vernon W. &Maye C. Car- ris, Lot 2, Sub 17, Du- buque Homes Sub No. 2.. 16.50 Dubuque Homes, Inc., Lot 1, Sub. 17, Dubuque Homes Sub. No. 2 .......................... 148.52 Vernon W. &Maye C. Car- ris, Lot 1, Sub. 16, Du- buque Homes Sub, No. 2.. 165.02 Bessie G. Heuchelin, Lot 15, Dubuque Homes Sub. No. 2 .................................. 165.02 Bessie G. Heuchelin, Lot 14, Dubuque Homes Sub. No. 2 .......................................... 165.02 Vernon W. &Maye C. Car- ris, Lot 13, Dubuque Homes Sub No. 2 .............. 165.02 Vernon W. &Maye C. Car- ' ris, Lot 1, Sub. 2.12, Du- buque Homes Sub. No. 2.. 45.38 Regular Session, October 1, 1951 577 F. W. & Alice L. Scheel, Lot 2, Sub. 2.12, Dubuque Homes Sub, No. 2 ..,..,.... F. W. &, Alice L. Scheel, No. 1, Sub. 12, Dubuque Homes Sub. No. 2 ....,....... F, W. & Alice L. Scheel, Lot 1, Sub 11, Dubuque Homes Sub. No. 2 .,.......,,. Vernon A. Iiamm, Lot 2, Sub. 11, Dubuque Homes Sub. No-. 2 .......................... Vernon A. Hamm, Lot 1, Sub,1-10, Dubuque Homes Sub. No. 2 .......................... Dubuque Homes, Inc., Lot 2, Sub. lU, Dubuque Homes Sub. No. 2 ....,..... Dubuque Homes, Inc., Lot 2, Sub. 9, Dubuque Homes Sub. No. 2 ......,..... Dubuque Homes, Inc., Lot 1, Sub. 1.9, Dubuque Homes Sub. No. 2 .............. Dubuque Homes, Inc,, Lot 1, Sub, 1.8, Dubuque Homes Sub. No. 2 ..........., Bessie G. Heuchelin, Lot 2, Sub. 8, Dubuque Homes Sub. No. 2 .......................... Bessie G. Heuchelin, Lot 1, Sub. 7, Dubuque Homes Sub. No. 2 .......................... Dubuque Homes, Inc., Lot 1, Sub. 6, Dubuque Homes Sub. No. 2 .............. Chester & Sarah E. Filter, Lot 1, Sub. 1~, Dubuque Homes Sub. No. 2 ,.....,..... Chester & Sarah E. Filter, Lot 2, Sub. 4, Dubuque Homes Sub. No. 2 ..........,. Dubuque Homes, Inc., Lot 2, Sub. 5, Dubuque Homes Sub. No. 2 ............ Dubuque Homes, Inc., Lot 1, Sub. 4, Dubuque Homes Sub. No. 2 .............. Dubuque Homes, Inc., Lot 1, Sub. 3, Dubuque Homes Sub. No. 2 ..........., Dubuque Homes, Inc., Lot 2, Sub. 3, Dubuque Homes Sub. No. 2 .....,....., Dubuque Homes, Inc., Lot 2, Sub. 3, Dubuque Homes Sub. No. 2 ............ Arnold C. & Ora R. Grem- mels, Lot 1, Dubuque Homes Sub. No. 2 ....,..,.... SANITARY SEWER BREAKDOWN Assessable 37.13 12" Vit. Tile Pipe 272 Lin. Ft. @ $3.50 ......................$ 952.00 8" Vit. Tile Pipe 5694 Lin. 82.51 Ft. @ $2.90 ....................16,512.60 8" x 6" Y-Branches 100 Each @ $4.50 ................ 450.00 148.52 precast Concrete Man- holes 10' & under 18 Each @ $190.011 ..........., 3,420.00 16.50 precast Concrete Man- holes over 10' deep 4 Each @ $200.00 .............. 800.00 154.01 precast Drop Manholes 10' & under 1 Each @ $200.00 .............................. 200.00 11.00 precast Drop Manholes over 10' deep 1 Each @ $210.00 .............................. 210.00 16.50 Sand for trench backfill 150 Cu. Yds. @ $0.75 .... 112.50 148,52 $22,657,10 Total Assessed Cost for Sewer ............................$22,657.10 134.29 Extra Expense @ 6 % .. 1,359.42 5% Interest for 52 Days 163.63 30.72 $24,180.15 All of which is assessed in pro- portion to the special benefits 165.00 conferred. City s Share Concrete for Cradles 15'~ Cu. Yds. @ $20.00 ....$ 310.00 165.00 Precast Concrete Man• hole ]0' & under 1 Each @ $lso.oo ...................... iso.oo 104.47 Fence Replacement 1 Lump @ $150.00 ...,..,. 150.00 Solid Rock Excavation 54.97 793 Cu. Yds. @ $12.00 ,. 9,516.00 60.47 109.97 137.48 27.48 164.99 164.99 $24,180.15 $10,166.00 Passed, adopted and approved this 1st day of October, 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. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. 578 Regular Session, October 1, 1951 Proofs of publication, certified to by the publishers, of the notice of the intention of the City Coun- cil to issue bonds in the amount of $24,180.15 for the purpose of paying the cost of the construction of vitrified file sanitary sewer laterals of variable diameters with- in the "Simpson-Coates Street Sew• er District" said district having been created and established by Ordinance No. 10.50. Vitrified rile sanitary sewer laterals shall be constructed on the various sizes and in locations as follows: An eight (8) inch vitrified rile sanitary 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 centerlines 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 Sub- division of Lots 39, 40 and 41 of Simpson's Addition; also from the intersection of Coates Street run- ning southerly along the center- line of Cross Strc~t to the inter- section with the centerline of Simpson Street; thence along the centerline of Simpson Street west- erly adistance of 500 feet; also from the intersection of the center- lines of Simpson Street and Cross Street running 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 Addition; also from the intersection of Coates Street and Cross Street running north 22 de- grees and 30 minutes west a dis- tance of 259 feet; thence a twelve (12) inch vitrified rile line running north 22 degree 30 minutes west a distance of 45 feet to a point in- tersecting the Trunk Line Sewer. An eight (8) inch vitrified rile sanitary sewer line beginning at the intersection of the southerly line of Lot 1 of Dubuque Homes Subdivision Number 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 ease- ment to a point 30 feet northerly from the southerly line of Lot 13 of Dubuque Homes Subdivision Number 2, then a twelve (12) inch vitrified rile line running south 42 degrees 30 minutes east a dis- tance of 224 feet to a point inter- secting the Trunk Line Sewer. An eight (8) inch vitrified rile sani• tart' sewer line beginning at the intersection of the southerly line of Lot 23 of Dubuque Homes Sub- division Number 2 and the center- line of the recorded easement of 6 foot width running southerly along the easterly line of the lots lying east of Cherokee Drive and thence running southerly along the centerline of said easement to the point of intersection with the Trunk Line sewer, presented and read. Councilman Kolb moved that the proofs of publication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLU'iION N0. 358-51 Resolution providing for the is• suance of Sewer bonds for the pur- pose of providing for the payment of the assessed cost of the con• struction of vitrified rile sanitary sewer laterals within the "Simp- son-Coates Street Sewer District," Whereas the contract heretofore entered into by the City of Du- buqu, Iowa for the vitrified file sanitary sewer laterals hereinafter described has been completed and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $24,180.15 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor: and Whereas public notice, as provid- ed by law, has been published by the City Clerk stating the inten• tion of the City Council to issue bonds for the puipuse of provid- ing for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and Regular Session, October 1, 1951 579 all objections made thereto have been considered and determined: Now Therefore Be It Resolved by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the construction of vitrified rile sani• tart' sewer laterals of variable dia- meters within the "Simpson-Coates Street Sewer District," said district having been created and establish- ed by Ordinance No. 10-50. Vitri- fied rile sanitary sewer laterals shall be constructed on the various sizes and in locations as follows: An eight (8) inch vitrified rile sanitary 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 Sub- division; also from the intersection of the centerlines of Coates Street and Cross Street running easterly along the centerline of Coates Street to a point on the prolonga- tion of the east line of Lot 1 of the Subdivision of Lots 39, 40 and 41 of Simpson's Addition; also from the intersection of Coates Street running southerly along the centerline of Cross Street to the intersection with the centerline of Simpson Street; thence along the centerline of Simpson Street west- erly adistance of 500 feet; also from the intersection of the center- lines of Simpson Street and Cross Street running 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 Addition; also from the intersection of Coates Street and Cross Street running north 22 de• grew and 30 minutes west a dist- ance of 259 feet; thence a twelve (12) inch vitrified rile line running north 22 degrees 30 minutes west a distance of 45 feet to a point in- tersecting the Trunk Line Sewer. An eight (8) inch vitrified rile sanitary sewer line beginning at the intersection of the southerly line of Lot 1 of Dubuque Homes Subdivision Number 2 and the centerline of the recorded ease- ment of 6 foot width running south- erly through the lots of Dubuque Homes Subdivision Number 2 locat- ed to the west of Cherokee Drive and thence running southerly along the centerline of said easement to a point 30 feet northerly from the southerly line of Lot 13 of Du• buque Homes Subdivision Number 2, thence a twelve (12) inch vitri• fied the line running south 42 degrees 30 minutes east a distance of 224 feet to a point intersecting the Trunk Line Sewer. An eight (8) inch vitrified rile sanitary sewer line beginning at the intersection of the southerly line of Lot 23 of Dubuque Homes Subdivision Num- ber 2 and the centerline of the re- corded easement of 6 foot width running southerly along the east- erly line of the lots lying east of Cherokee Drive and thence run• Wing southerly along the centerline of said easement to the point of intersection with the Trunk Line sewer. There shall be issued Sewer bonds in the amount of $24,180.15 Dollars in anticipation of the de• ferred payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of October 31, 1951; and shall be numbered consecutively; and they shall be numbered, divid• ed into series, and be in such de• nominations and for such maturity dates as are shown in the follow- ing table: 1. 4734, 4735, 4736, 4737 and 4738 $500.00 each April 1, 1952. 2. 4739, 4740, 4741, 4742, and 4743 $500.00 each April 1, 1953. 3, 4744, 4745, 4746, 4747 and 4748 $500.00 each April 1, 1954. 4, 4749, 4750, 4751, 4752 and 4753 $500,00 each April 1, 1955. 5. 4754, 4755, 4756, 4757 and 4758 $500.00 each April 1, 1956. 6. 4759, 4760, 4761, 4762 and 4763 $500.00 each April 1, 1957. 7. 4764, 4765, 4766, 4767 and 4768 $500.00 each April 1, 1958. 8. 4769, 4770, 4771, 4772 and 4773 $500.00 each April 1, 1959. 9. 4774, 4775, 4776, 4777 and 4778 $500.00 each April 1, 1960. 10. 4779, 4780 and 4781 $500.00 each Apri11, 1961. 10. 4782 $180.15 April 1, 1961. 3. Said bonds shall bear interest at the rate of five per cent per annum, payable semi-annually in accordance with coupons thereto attached: .t',4•., .. ~ ~-q`..., S'M#^~1i~2'M 1 `rN'er' 580 Regular Session, October 1, 1951 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form; No ............................. Series No ................................. CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of........ ..................... or at any time before that date, at the option of the City of Dubuque, the sum of ....,... ............................ dollars with inter- est thereon at the rate of 5 per cent per annum, payable semi-an- nually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is is- sued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amend- ed, and the Resolution of said City duly passed on the 1st day of October, 1951, being Resolution No ........................ This Bond is one of a series of 49 bonds, 48 for $500.00 numbered from 4734 to 4731 inclusive, and one for $180.15 numbered 4782, all of like tenor and date, and is- sued for the purpose of paying the cost of the construction of vitrified the sanitary sewer laterals within the "Simpson-Coates Street Sewer District" as created and estab- lished by Ordinance No. 10.50. as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1016 created by the col- lection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form, as required by law and said Resolution, and for the assess- ment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevoc- ably pledged. In Testimony Whereof the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 31st day of October, 1951. (Seal) Mayor City Clerk (Form of Coupon) "On the .................. day of............ ............. the City of Dubuque, Iowa, promises to pay to bearer, as pro- vided in said bond, the sum of .................................. Dollars, in the office of the City Treasurer in the City of Dubuque, being ................ months' interest due that date on its ...................................... Bond No. .......................... dated .............,........ Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so prepar- ed to execute said bonds and that the City Clerk be and he is hereby instructed to register said bond in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1016 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, s i i r Regular Session, October 1, 1951 581 beginning with the second year after the payment of interest due, these bonds shall be called and re- tired in the same order as num- bered. Adopted this 1st day of October 1951, ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, ftAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. State of Iowa l ~ County of Dubuque J I; Claude J. McDonald, do here- by certify that on the 12th day of September, 1951, I posted copies of the Notice of Levy of Special Assessment and Intention of the Cty Council to Issue Bonds along the line of improvement for the construction of vitrified the sanitary sewer laterals of variable diameters within the Simpson- Coates Street Sewer District, said district having been created and established by Ordinance No. 10-50. Signed: CLAUDE J. McDONALD. Subscribed and sworn to before me, John J. Shea, a Notary Public this 12th day of September, 1951. (SEAL) JOHN J. SHEA, Notary Public in and for Dubuque County, Iowa, Councilman Kolb moved that the statement be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Notice of Claim of Alfred Reh- feldt, Sr. in the amount of $47.50 for injuries received by his son, Weston Rehfeldt, when he fell on pipes laid by the City and which were never covered and the ditch left open, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 26, 1951 To J. J. Shea, City Clerk, City Manager L. J. Schiltz, Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: We are enclosing herewith for your records Abstract and War- ranty Deed covering the purchase of Mineral Lots 294, 295, 296, and 297 in the City of Dubuque, Iowa, from Ellas Mihalakis and Phillip Mihalakis. Yours very truly, Board of Dock Commis- sioners, By: FRED NEYENS, Secretary. Councilman Austin moved that the communication be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of The Rex Club re- questing arefund in the amount of $75.00 on the unexpired portion of their Cigarette Permit No. 230, as they have discontinued business on September 26, 1951, presented and read. Councilman Kolb moved that the request bo granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of The Rex Club to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 230. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mrs. Wilma Gloeck- ner requesting a refund in the amount of $75,00 on the unexpired 582 Regular Session, October 1, 1951 portion of her Cigarette Permit No. 252, as she has discontinued business on September 27, 1951, presented and read. I Councllman 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 Mrs. Wilma Glceckner to cover the amount of refund granted on the unexpired portion of her Cigarette Permit No. 252. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen W l ll u. e er u Kolb Schue A stm , N ne. Na s- o Y Petition of John Schetgen and rt owners re uest• r ro e othe s, p y ~ q P t the alle East of Al ono in tha g g Y and between Hale and Street est Third Streets be improved, w , by grading and by surfacing with an read. k resented d c bed roc rns , P ~ouncihnan Schueller moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 27, 1951 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: You have asked me for an opinion whether the Rex Club is entitled to a refund of its permit ince its Beer ermit has heen fee s P revoked. In view of the fact that the per- mit was void from its inception because the Rex Club was not a qualified permit holder at the time it was issued, it is my opinion that your action in revoking the permit dates back to the time of issuance and that the fee should be refunded in full, as no valid permit ever issued. Respectfully, T. H. NELSON. Councilman Kolb moved that the opinion of City Solicitor Nel- son he received and made a matter of record and the City Auditor instructed to draw a warrant in the amount of $300.00 in favor of The Rex Club to cover the amount of refund on the license fee paid by the Rex Club as no valid permit was ever issued. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 28, 1951 To Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In regard to the petition of the Archdiocese of Dubuque and Sur• kin Mercantile Company for per- mission to erect a canopy at the Main and Seventh Street side of building at 698 Main Street re- ferred to the City Manager and Building Commission we wish to report the following: The petitioners wish to erect an Alumnum and Steel Canopy ten foot wide on Main Street and five foot wide on Seventh Street ac• cording to the plan as submitted. This installation is structurally sound as proposed and we find the only objection is the extreme corner extending too far over the walk and radius. After laying out the proposed extension line on the sidewalk and conferring with the petitioners they agreed to con- struct the corner on a forty five degree angle instead of square. Therefore we recommend to your honorable body the granting of the petition according to the revised plan. Respectfully, L. J. SCHILTZ, City Manager. DONALD J. BANDY, Building Commissioner. Councilman Austin moved ghat the recommendation of City Man- ager Schiltz and Building Com- missioner Bandy be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. October 1, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of C. E. Tharp to the Dubuque County Board of Supervisors for the purchase of Lot 1 of 2 of Mineral Lot 36A was referred to the City Council by Regular Session, October 1, 1951 583 the County Auditor and the Council referred it to themselves to view the grounds. After viewing the grounds, the Council disapproved the offer of $50.00 for this property. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. October 1, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen, The petition of Paul Braun re- questing the installation of a street light at the intersection of Lincoln Avenue and Stanton Street was referred to the City Manager for investigation and re- port. I have investigated the need for placing a light at this location and recommend that one be placed. 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. RESOLUTION N0. 359-51 Resolution ordering an election on the proposition of issuing bonds to the amount of $167,500 for fire station purposes. Whereas, it is deemed necessary that the City of Dubuque, Iowa carry out a fire station program consisting of constructing a new first station and acquiring a site therefor and remodeling an exist- ing fire station in and for said City and it is estimated that the cost of carrying out said program will amount to $167,500; and Whereas, it will be necessary for said City to borrow money and to issue its bonds in order to finance the cost of carrying out said fire station program, but the question must first be presented to the qualified voters of said City for their approval; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That at the regular muncipal election to be held in and for said City of Dubuque on November 6, 1951, from seven o'clock in the morning until eight o'clock in the evening, there shall be submitted to the qualified electors of said City, to be by them voted upon, the proposition of carrying out a fire station pro• gram as referred to in the pre• amble hereof and issuing bonds in the sum of $167,500 to cover the eacpense of the same, as pro- vided in Chapter 407 of the Code of Iowa, 1950, as amended. Section 2. That said election on said proposition shall be held in the several voting precincts of said City as prescribed for regular elections in said City and as de• limited by ordinances numbered 159 of said City. The polling places within the respective elec- tion precincts shall be as follows: Voting Precincts Polling Places 1st Precmct, Bryant School, 1280 Rush Street. 2nd Precinct, Washington Jr. High, 51 N. Grandview Ave. 3rd Precinct, Franklin School, 39 Bluff Street. 4th Precinct, County Court House, 7th St. & Central Ave. 5th Precinct, Lincoln School, 1101 West Fifth Street. 6th Precinct, Irving School, 2155 University Ave. 7th Precinct, City Hall, 13th 5t. between Iowa & Central. 8th Precinct, Chamber of Com• merce, 9th & Locust Sts. 9th Precinct, 18th Street Fire Engine House. 10th Precinct, Central School, 1500 Locust Street. 11th Precinct, Kohlman Building, 15 E. 21st Street. 12th Precinct, Fulton School, 2540 Central Avenue. 13th Precinct, Holy Ghost School, 2901 Central Ave. 14th Precinct, Audubon School, 535 Lincoln Avenue. 15th Precinct, Marshall School, 1450 Rhomberg Ave. Section 3. That voting machines ,~~A~„~_,~,~~,~~„~~,.~~~ ..w.~ .. 584 Regular Session, October 1, 1951 shall be used for voting upon said proposition and that the City Clerk be and he is hereby author- ized and instructed to cause bal- lots for voting on said proposition to be prepared in substantially the following form in such size as will permit the same to be inserted in each voting machine: (Notice to Voters: For an affirmative vote on the question submitted, pull down the lever above the word "Yes," For a negative vote, pull down the lever above the word "No ") SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa, carry out a fire station program consisting of constructing a new first station and acquiring a site therefor and remodeling an exist- ing fire station in and for said City and contract indebtedness for such purpose not exceeding $167,- 500, and issue bonds for such pur- pose not exceeding $167,500 and levy a tax annually upon the tax- able property in said City of Du buque, Iowa, not exceeding one- half mill per annum for the pay- ment of such bonds and the in- terest thereon? YES NO Section 4. That the City Clerk shall have ballots for absent voters prepared to be used for voting on the aforesaid proposi- tion on yellow colored paper in substantially the following form: (Face of Ballot) (Notice to Voters; For an af- firmative vote on the following proposition make a cross (X) mark in the square after the word "Yes." For a nagative vote make a similar mark in the square following the word "No.") SHALL THE FOLLOWING PUB- , LIC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa, carry out a fire station program consisting of constructing a new fire station and acquiring a site there for and remodeling an exist- ing fire station in and for said City and constract indebtedness for such purpose not exceeding $167,500 and issue bonds for such purpose not exceeding $167,500 and levy a tax annually upon the taxable property in said City of Dubuque, Iowa, not exceeding one- half,mill per annum for the pay- ment of such bonds and the in- terest thereon? YES NO (Back of Ballot) Official Ballot for Fire Station Bond Proposition, Regular City Election, Dubuque, Iowa. Voting Precinct. November 6, 1951. (Fascimile Signature) City Clerk. Section 5. That the Mayor is hereby authorized, empowered and instructed to issue a proclamation and notice of the submission of said proposition at said election, and of the time and places there- of, by publication thereof once each week for three consecutive weeks in the Telegraph-Herald, a newspaper of general circulation printed and published in said City, the last of which publications shall be not less than five days nor more than twenty days prior to said election, which notice shall be in substantially the following form: MAYOR'S PROCLAMATION Notice of Election Dubuque, Iowa Public notice is hereby given that at the regular city election in the City of Dubuque, Iowa to be held on the 6th day of November, 1951, from seven o'clock A.M. to eight o'clock P.M. there will be submitted to the electors of said City, to be by them voted upon, the proposition of carrying out a fire station program consisting of constructing a new fire station and acquiring a site therefor and remodeling an existing fire station in and for said City and contract- ing indebtedness for such purpose not exceeding $167,500, and issuing bands for such purpose not ex- ceeding $167,500 and levying a tax annually upon the taxable prop- erty in said City not exceeding one- half mill per annum for the pay- ment of such bonds and the in- terest thereon. At said election voting machines will be used and ballots prepared therefor will have printen thereon the proposition in substantially Regular Session, October 1, 1951 585 the following form: (Notice to voters: For an af- firmative vote on the question submitted, pull down the lever above the word "Yes." For a negative vote, pull down the lever above the word "No.") SHALL THE FOLLOWING PUB- LIC MEASURE BE ADOPTED? Shall the City of Dubuque, Iowa, carrying out a fire station program consisting of constructing a new fire station and acquiring a site therefor will have printed thereon ing fire station in and for said City and contract indebtedness for such purpose not exceeding $167,- 50Q, and issue bonds for such purpose not exceeding $167,500 and levy a tax annually upon the taxable property in said City of Dubuque, Iowa, not exceeding one- half mill per annum for the pay- ment of such bonds and the in- terest thereon? The said election on said pro- position will be held in the several election precincts of said City, the boundaries of which shall be as delimited by Ordinances Num- bered 159 of said City. The polling places within the respective elec- tion precincts will be as follows: Voting Precincts Polling Places 1st Precinct, Bryant School, 1280 Rush Street, 2nd Precinct, Washington Jr. High, 51 N. Grandview Ave. 3rd Precinct, Franklin School, 39 Bluff St. 4th Precinct, County Court House, 7th St. & Central Ave. 5th Precinct, Lincoln Schoo1,1101 West Fifth St, 6th Precinct, Irving School, 2155 University Ave. 7th Precinct, City Hall, 13th St. between Iowa & Central. 8th Precinct, Chamber of Com- merce, 9th & Locust Sts. 9th Precinct, 18th Street Fire Engine House. 10th Precinct, Central School, 1500 Locust St. 11th Precinct, Kohlman Build- ing, 15 E. 21st St, 12th Precinct, Fulton School, 2540 Central Ave. 13th Precinct, Holy Ghost School, 2901 Central Ave. 14th Precinct, Audubon School, 535 Lincoln Avenue. 15th Precinct, Marshall School, 1450 Rhomberg Ave. All qualified electors of said City are hereby notified to appear at said election; each to vote at the polling place of the election precinct in which such elector re- sides, or as permitted by statute. This notice is given by order of the City Council of the City of Du- buque, pursuant to Chapter 407 of the Code of Iowa, 1950, as amended. Dated at Dubuque, Iowa this 11th day of October, 1951, ROMOLO N. RUSSO, Mayor of the City of Dubuque, Iowa. Attest: J. J. SHEA, City Clerk, Section 6. That for said election the Judges and Clerks of election in the respective election precincts shall be as follows: First Precinct, Judges: Mrs. Ber- nice McCauley, Mrs. Margaret Can- non, Louise Rafoth; Clerks: Mrs. Josephine O'Brien, Lillian Jones. Second Precinct, Judges: Nellie Loetscher, Elsie Blades, T. J. Hill; Clerks: Mrs. George Fox, Mrs. Maretta Donegan. Third Precinct, Judges: J. R. Mc- Guinness, Mrs. Anna Kingsley, Edna Wunderlich; Clerks: Mrs. Vera McAllister, Eunice Kilby. Fourth Precinct, Judges: Julia Blum, Enuna Osborn, Mrs. Anton Freund; Clerks: Margaret Endsley, Mary Hughes. Fifth Precinct, Judges: Grace Wright, Mrs. Evelyn Madden, Ruby Steuck; Clerks: Mrs. Laura E. Hoh- mann, Sadie Trader, Sixth Precinct, Judges: Millie Cords, Olive Satterlee, Mrs. Bertha McDermott; Clerks: Louise For- ward, Lillian Fleege. Seventh Precinct, Judges: Nick Weber, Hubert Melssen, Joan Roland; Clerks: Loretta Goff, Alexia Hanley. Eighth Precinct, Judges: Sadie Meyers, Harriet Kolck, Louis Lagen; Clerks: Jane Fuhrman, Anna Weber. Ninth Precinct, Judges: Mayme Cassutt, John Merkes, Mildred Koehler; Clerks: Mrs. Belle Leid- inger, Edna Widdowson. Tenth Precinct, Loretta Kam- mueller, Anna Kunz, Mrs. Leona ~~ 586 Regular Session, October 1, 1951 Beyer; Clerks: Hattie Donatsch, Mrs. Stella Ball. Eleventh Precinct, Mrs. Etta Schroeder, Gilbert Nicks, Hilda Hoeflin; Clerks: Mrs. Ida Murray, Hazel Kirkwood. Twelfth Precinct, C. W. Nickels, Linda Grashorn, Isabel Vogel; Clerks: Luetta Kraus, Elsie Bottge. Thirteenth Precinct, Mrs. Clara Francois, Mrs. Rose Gulick, Chas. Haudenshield; Clerks: Mrs. Freda Fcell, Marguerite Liddle. Fourteenth Precinct, Mrs. Art Millius, Mrs. Ed. Kupferschmidt, Albert Howe; Clerks: Gwen Bohn, Veronica Agard. Fifteenth Precinct, Mary Man- ders, Mrs. Gertrude O'Leary, Helen Pape; Clerks: Mrs. Minnie Lucas, Helen Hohnecker. The foregoing are proper per• sons so to act in accordance with Section 49. 12 et seq. of Chapter 49 of the Code of Iowa, as amended. Upon the closing of the polls for said election, said Judges and Clerks shall file reports of the results on said proposition with the City Clerk, in order that such results may be canvassed and officially declared by this Council. Section 7. That this Council meet on the next (secular) day following the day of said election, at the Gbuncil Chamber in the City Hall within said City, at 7:30 o'clock P.M., to canvass the re- sults of said election. Section 8. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 9. That this resolution be in force and effect immediately upon its passage and approval. Passed and approved October 1, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded October 1, 1951. J. J. SHEA, City Clerk. Councilman Kolb moved 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. 360-51 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Mrs. Agnes Zahina, 2849 Wind- sor Avenue. William' Powers, 802 Iowa Street. Be It Further Resolved that the bonds filed with. the applications be approv~2d. Passed, adopted and approved this 1st day of October, 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 Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 361-51 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. William Powers, 802 Iowa Street. CLASS "C" PERMIT Arthur F. Herber, 2319 Prince the ,Street. Regular Session, October 1, 1951 587 Passed, adopted and approved this 1st day of October, 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 Kalb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the foAowiug vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 362-51 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; sad 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 a Beer Permit. CLASS "B" PERMIT William Powers, 802 Iowa Street. CLASS "C" PERMIT Arthur F. Herber, 2319 Prince Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of October, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, Citp 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. September 21,1951 To the Honorable Mayor and City Council, Dubuquo, Iowa. Gentlemen: This is to advise that the im- provement of Balke Street from the north property line of Link Street to the south property line of Lowther Street with concrete curb and gutter under contract with K. & M. Construction Co., Dubuque, Iowa, has been com- pleted in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 363-51 Whereas, the contract for the improvement of Balke Street with curb and gutter, from the north property line of Link Street to the south property line of Lowther Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its accept- ance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special 4..,...., _ .. ~•~~~~~~»~a.: 588 Regular Session, October 1, 1951 assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay the contractor from the funds to be realized from the sale of improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 1st day of October, 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 adoption of the resolution, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Balke Street with asphaltic macadam surfacing from the north property line of Link Street to the south property line of Lowther Street has been completed by the City Street Department in accordance with the plans. I therefore, recommend the ac- ceptance of this work. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) City of Dubuque, Iowa RESOLUTION N0. 364-51 Whereas, the contract for the improvement of Balke Street with asphaltic macadam surfacing from the north property line of Link Street to the south property line of Lowther Street has been com• pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and be is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection 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 here- by directed to pay to the contractor from the funds to be realized from the sale of improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 1st day of October, 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 adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 29, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the improve- Regular Session, October 1, 1951 589 went of Garfield Avenue (west side) with curb and gutter from the north property line of Emer• son Street to the south property line of Roosevelt Street under con- tract with K & M Construction Company, Dubuque, Iowa, has been completed in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 365-51 Whereas, the contract for the im- provement of Garfield Avenue (West Side) from the north prop- erty line of Emerson Street to the south property line of Roosevelt Street has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection 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 Improvement bonds issued upon the above described improvement in amount equal to t7~e amount of his contract, less any retained percentage provided for therein, Passed, adopted and approved this 1st day of October, 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 adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that the improvement of Kane Street with an eight, (8) inch sanitary sewer beginning at a point 200 feet north of the manhole in Kaufman Ave. and terminating at a point 252 feet north of the point of be- ginning, under contract with the Thos. Flynn Coal Company of the City of Dubuque, Iowa, has been completed in accordance with the plans and specifications. I, therefore, recommend the ac• ceptance of this work. 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. (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 366-51 Whereas, the contract for the construction of an eight (8) inch vitrified the sanitary sewer in Kane Street beginning at a point .. o-~a*"~N'+a'9"~%'R""~'~°r". R,u.e. fie., .,'~~ 590 Regular Session, October 1, 1951 200 feet north of the existing man- hole in Kaufman Avenue and terminating at a point 252 feet north of the point of beginning 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 con- tract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby di- rected to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection 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 upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 1st day of October, 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 Schueller 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. September 29, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of St. Joseph Street from the west property line of Fremont Avenue to the east prop- erty line of Stetmore Street with concrete curb and gutter under contract with the Thos. Flynn Coal Company, Dubuque, Iowa, has been completed in accordance with the plans and specifications. I, therefore, recommend the ac• ceptance of this work. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 367-51 (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA Whereas, the contract for the improvement of St. Joseph Street with curb and gutter from the west property line of Fremont Avenue to the east property line of Stetmore Street has been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from Regular Session, October 1, 1951 591 the sale of improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein, Passed, adopted and approved this 1st day of October, 1951. Approved: 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. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that the improvement of St, Joseph Street with asphaltic macadam surfacing from the west property line of Fremont Avenue to the east prop- erty line of Stetmore Street under construction by the City Street Dept. has been completed in ac• cordance with the plans. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man-' ager Schiltz be approved. Sec- onded by Councilman Austin. Car- - ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 368-51 (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA Whereas, the contract for the improvement of St. Joseph Street with asphaltic macadam surfacing from the west property line of Fremont Avenue to the east prop- erty line of Stetmore Street has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed ac• cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion 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 improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 1st day of October, 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 adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilman Austin, Kolb, Schueller, Welu. Nays-None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that the improvement of Tressa Street with curb and gutter from the west property line of McLenan Street to a point 191 feet east under con• tract with the Thos. Flynn Coal s,~.k.~,... _ , ~~~.~~~~ ~ , e~~++.~. 592 Regular Session, October 1, 1951 Company of the city of Dubuque, Iowa, has been completed in ac- cordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, L. J. SCHII.TZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. (A Resolution Accepting Im- provement and Directing the Clerk to Publish Notice.l CITY OF DUBUQUE, IOWA RESOLUTION N0. 369-51 Whereas, the contract for the improvement of Tressa Street with curb and gutter from the west property line of McLenan Street to a point 191 feet east has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and re- commends its acceptance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein, Passed, adopted and approved this 1st day of October, 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 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. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved ...................:.......... 1952 Adopted ................................ 1952 Councilmen Attest :.................................................. City Clerk. Special Session, October 4, 1951 593 City Council (OFFICIAL.) Special Session, October 4th, 1951. Council met at 4:15 P.M. Present-Mayor Russo, Council- men Kolb, Schueller, Welu. City Manager Schiltz. Absent~ouncilman Austin. Meeting called by order of Councilman 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 considering for final adoption Or- dinance No. 42-51, an ordinance authorizing the issuance of $131,- OOfi Sanitation Fund Sewer Bonds and providing for the levy of taxes to pay the same and acting on any other business as may properly come before a regular meeting of the City Council. Petition of Wilbur E. Scantle- bury and others, property owners, requesting the vacation of the alley first west of Grandview Ave- nue running between Hale Street and West Third Street and extend- ing westward to the easterly prop- erty line of Lot 5 of Quigley Sub- division, presented and read. Coun- cilman Schueller moved that the petition be referred to the City Council to view the grounds. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Petition of Harvey L. Pier Jr. and others, owners of property located on the West end of Marion Street and lying West of Stetmore Street, requesting the installation of street lights on that part of Marion Street, presented and read. Councilman Welu moved that the petition be referred to the City Manager and Electrical Inspector for recommendation and report, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Petition of the University of Du- buque requesting Council consid- eration of the following four pro- posals, presented and read: 1. That no parking be permitted further at any time on the south side of University Avenue between McCormick and Algona. Streets. 2. That no parking be permitted between Campus Lane and the end of the sidewalk going up into Severance Hall on the east side of Algona Street between the hours of 7:30 A.M, and 6:00 P.M. 3. That a twenty mile an hour speed zone be established from the corner of University and Delhi to the other side of the Irving School on University Avenue. 4. That a cross walk be estab- fished on Algona Street across Algona on Campus Lane and at a point approximately two hundred feet south, presented and read. Councilman Welu moved that the petition be referred to the City Manager. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Councilman Austin entered the Council Chamber at 4:25 P.M. and took his seat. October 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: According to your instruction, I have prepared the following re- port concerning preventive meas- ures to be taken to help eliminate claims for damages against the City of Dubuque. The causes of these claims are the result of several conditions as listed: 1. Street excavations caused by improper backfilling; 2. Breaks in pavement surface due to deterioration of surface from water and ice; and 3, Snow and ice on crosswalks and sidewalks. In order to prevent damage claims, it is necessary to start at the source of the trouble and see that it is corrected. A city ordin- ance for excavations along with proper inspection, preventive measures in street maintenance and close coordination of snow and r ~.c ~..,....,.. , ,~ ,... •aM.q.~.,,^t yrrrs'4^+4"1~4~"m"vwPe'~t " .'~.. 594 Special Session, October 4, 1951 ice removal are necessary to elmininate a great deal of the trouble. An ordinance has been passed by the City Council regulating street excavations and rules and regulations are being prepared to help those making excavations to properly backfill the ditches and delegate responsibility for various phases of street restoration, This should help eliminate many claims for damages with the cooperation of excavating contractors, city in- spectors and city street depart- ment. Many of the claims for damage from rough streets or holes in streets are caused from the sealed surface breaking up and loose rock being pushed out by traffic. These are mostly streets on which the city has placed a seal coat of asphalt over a macadam surface at no cost to the adjoining prop- erty owner, resulting in a low type of surfacing requiring a great amount of maintenance. There are a large number of this type of streets in the city, and they are in well built up areas where a per- manent type of surfacing should be placed. A program of gradually constructing these permanent sur- faces is being worked out and will be presented to the Council in the near future. This method, of course, is the ultimate goal; however, maintenance of all streets will be necessary regardless of their con- dition. The Street Department has organized a crew to constantly repair holes in the streets and there should be a marked improve- ment in the speed with which breaks in the surfaces are re• paired. The problem of snow and ice on crosswalks and sidewalks is one that will necessitate constant vigi- lance on the part of the city be- cause of the various weather con- ditions causing crosswalks to get icy. It is my plan to have one crew take care of crosswalks when snow or ice cause them to become haz- ardous. This will receive priority along with removal of snow and placing cinders on streets. The sanding of crosswalks will be done in order of their priority as to pedestrian traffic. In order to reduce the number of possibilities for accidents, each department will be called upon to help by reporting to the Street Commissioner hazardous crossings which may not have been sanded; also any other conditions in the streets that may cause damage to vehicles or pedestrians. I believe that by carrying out this program we can greatly re- duce the number of damage claims against the city and also continue to promote a good relationship with the people. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the communication of City Man- ager Schiltz be received and made a matter of record. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller Welu. Nays-None. ORDINANCE N0. 4Z-51 An Ordinance Authorizing the Issuance of $131,000 Sanitation Fund Sewer Bonds and providing for the Levy of taxes to pay the same, said Ordinance having been passed upon first reading on Sep- tember 25th, 1951 and ordered placed on file with the City Clerk fur public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 42-51 An Ordinance Authorizing the Issuance of $131,000 Sanitation Fund Sewer Bonds and Providing for the Levy of Taxes to Pay the Same. Whereas, the City of Dubuque, in the County of Dubuque, State of Iowa, heretofore, pursuant to and in strict compliance with all laws applicable, lawfully provided for constructing sewers in and for said City, the cost whereof is to be paid by said City by the issuance of bonds; and Whereas, it is necessary and ad- visible that provisions be made for the issuance at this time of such bonds to the amount of $131,- 000 to defray the cost of construct- ing such sewers; and Whereas, notice and hearing on the initiation of proceedings for the issuance of such bonds for the Special Session, October 4, 1951 595 purpose aforesaid has heretofore been given in manner and form re- quired by Sectionn 23.12 and Sec• lion 408.11 of the 1950 Code of Iowa as amennded and no petition nor protest has been filed; Now, Therefore, Be It Ordained by the City Council of the City of Dubuue, as follows: Section 1. That pursuant to and as permitted by Section 408.10 of the Code of Iowa there shall be and there is hereby authorized to be issued the negotiable Sanitation Fund Sewer Bonds of said City of Dubuque in the principal amount of $131,000, said bonds to be one hundred thirty-one in number, numbered consecutively 1 to 131, inclusive, of the denomination of $1000; that said bonds be signed by the Mayor and attested by the City Clerk and the seal of said City affixed, and be registered as to issuance by the City Treasurer and a certificate of such registra- tion endorsed thereon; that interest on said bonds be evidenced by coupons thereto attached and ma- turing on the several days when such interest matures, which coupons shall be executed with the facsimile signatures of said of- ficials, and said Mayor and City Clerk, by the execution of said bonds, shall adopt as and for their proper signatures their respective facsimile signatures appearing on said coupons, and that both prin- cipal and interest be payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. That said bonds shall mature in numerical order $13,000 on November 1st of each of the years 1952 to 1960, inclusive, and $14,000 on November 1, 1961, shall be dated September 1, 1951, and shall bear interest at the rate of three and one-half per cent (3~/a%) per annum from the date of said bonds until paid, payable blay i, 1952, and semi-annually thereafter on the first days of May and November in each year. Section 2. That each of said bonds shall be subject to registration as to principle in the name of the holder on the books of the City Treasurer, such registratron being noted upon each bond so registered, and after such registration pay- went of the principal thereof shall be made only to the registered holder. Any bonds so registered, upon the request in writing of such holder, personally or by attorney in fact, may be transferred either to a designated transferee or to bearer, and the principal of any bonds so transferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons thereto attached by de- livery merely. Section 3. That said bonds, cou- pons and provisions for registra- tion be in substantially the follow- ing form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE SANITATION FUND SEWER BOND No. $1000 KNOW ALL MEN BY THESE PRESENTS that the City of Du- buque, in the County of Dubuque and State of Iowa, for value re- ceived, promises to pay the bearer, or if this bond be registered as to principal to the registered holder hereof, the sum of One Thousand Dollars ($1000) on the first day of November, 19-, with interest on said sum from the date hereof until paid at the rate of three and one-half percent (3~%) per annum, payable May 1, 1952, and semi- annually thereafter on the first days of May and November in each year on presentation and surrender of the interest coupons hereto at- tached as they severally mature. Both principal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is issued by the City of Dubuque pursuant to and in strict compliance with the pro- visions of Section 408.10 and Chap- ter 76 of the Code of Iowa and Chapter 159 of the Acts of the 54th General Assembly, and all laws amendatory thereof and supple- mentary thereof, and in conform- 596 Special Session, October 4, 1951 ity with an Ordinance of the City Council of said City duly passed, approved and published for the purpose of constructing sewers in and for said City. And it is hereby certified and re- cited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed precedent to and in the issue of this bond, were and have been properly existent, had, done and performed in regular and due form and time; that pro- vision has been made for the levy of a sufficient continuing an- nual tax on all the taxable prop• erty within said City for the pay- ment of the principal and interest of this bond as the same will re- spectively become due; that the faith, credit, revenues and re- sources and all the real and per- sonal property of said City are ierevocably pledged for the prompt payment hereof, both principal and interest, and that the total in- debtedness of said City, including this bond, does not exceed any Constitutional or Statutory limi- tations. This bond is subject to registra- tion as to principal in the name of the holder on the books of the City Treasurer of said City, such regis- tration to be evidenced by nota- tion of said Treasurer on the back hereof, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid, unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached which shall continue negotiable by delivery merely. IN WITNESS WHEREOF, said City, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsmile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper signa- tures their respective facsmile signatures appearing on said cou- pons, all the first day of 1951. Mayor of the City of Dubuque, Iowa. Attest: Clerk of the City of Dubuque, Iowa (Form of Coupon) No. On -1, 19 -, the Treas- urer of the City of Dubuque, Iowa, will pay to bearer Dollars (°, •) at the office of the City Treasurer, Dubuque, Iowa, for in- terest due that day on its Sanita- tion Fund Sewer Bond, dated Sep- tember 1, 1951, Number Mayor Ariest: City Clerk (Form for Registration of Owner- ship) Name of Signature Date of Registered of City Registration Owner Treasurer On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: State of Iowa-County of Dubuque S5 City Treasurer's Certificate The issue of this bond has been duly and properly registered in my office as of thc day of , 19 . Treasurer of the City of Dubuque, Iowa." Section 4. That said bonds, as herein authorized, be executed as herein provided as soon after the adoption of this Ordinance as may be and thereupon they shall be de- livered to the Treasurer of said City who shall register the fact of the issuance of same in a book provided for that purpose and shall deliver said bonds to the purchaser, as determined by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with ac- cured interest thereon, and all action heretofore taken in connec• tion with the sale of said bonds is hereby ratified and confirmed in all respects. Special Session, October 4, 1951 597 Section 5. That as required by Section 408.10 of the 1950 Code of Iowa as amended and for the pur- pose of providing for funds suf- ficient to pay the interest on such bonds as such interest falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby allocated from the Sanitation Fund to the Debt Service Fund for the years 1952 to 1961, inclusive, the follow• ing amounts: Year Collected Amount 1952 .............................. $18,350.04 1953 .............................. $17,130.00 1954 .............................. $16,675.00 1955 .............................. $16,220.00 1956 .............................. $15,765.00 1957 .............................. $15,310.00 1958 .............................. $14,855.00 1959 .............................. $14.400.00 1960 .............................. $13,945.00 1961 .............................. $14,495.00 Said allocation shall be in con- formity with and not additional to the provisions of the following Section. Section 6. That as required by Section 76.2 of the Code of Iowa and fcr the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on such bonds as such in- terest falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby ordered levied upon all the taxable property in said City in each of the years while said bonds or any of them are outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there be and there is hereby allocated $18,350.04 from the amount hereto• fore levied in the year 1951 for the Debt Service Fund and there is hereby levied on all the taxable property in said City the following direct annual tax, to-wit: Year of Levy Amount 1952 .............................. $17,130.00 1953 .............................. $16,675.00 1954 .............................. $16,220.00 1955 .............................. $15,765.00 1956 .............................. $15,310.00 1957 .............................. $14,855.00 1958 .............................. $14,400.00 1959 .............................. $13,945.00 1960 .............................. $14,495.00 Said taxes when collected shall be allocated to the Debt Service Fund and converted into a special Fund for the payment of principal and interest of the bonds hereby auth- orized and for no other purpose whatsoever. That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be promptly paid when due from current funds on hand and reimbursement be made to such current funds in the sums thus advanced when the taxes herein provided shall have been collected. Section 7. That in the event the levies herein provided for, or the fmids allocated to the payment of said bonds, prove insufficient to re- tire the principal and interest on said bonds, or for any reason said levies are held invalid then in that event there shall be levied under aay taxing power of said City legally available for the purpose, a sufficient tax to pay all of said principal and interest when due. Section 8. That a certified copy of this Ordinance be filed with the County Auditor of Dubuque County and that said County Auditor be and he is hereby instructed in and fur each of the years 1952 to 1960, inclusive, to enter for collection and assess the tax hereby ordered. Section 9. That all Ordinances and Resolutions, or parts thereof in conflict herewith be and the same are hereby repealed. Introduced September 25, 1951. Passed and approved October 4, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded October 4, 1951. Published October 9, 1951. J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 9th day of October, 1951. J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the ordinance. Sec- 598 Special Session, October 4, 1951 onded by Councilman Schueller. Carded by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 43-51 Ordinance Authorizing Trausch Baking Company to construct a loading dock io the alley between Iowa Street and Central Avenue, said ordinance having bee n passed upon first reading on Sep- tember 25th, 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. 43--51 Ordinance Authorizing Trausch Baking Company to Construct a Loading Dock in the Alley Between Iowa Street and Central Avenue. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Trausch Baking Company of Dubuque, Iowa, its sriccessors and assigns be and they are hereby authorized to erect and maintain the following structure: A loading dock twenty-seven inches wide and nineteen feet long in the alley between Iowa Street and Central Avenue at the rear of the premises known as 1120 Iowa Street in the City of Dubuque. Section 2. That said structure 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 any time after Uie City Council shall determine at public hearing that the main- tenance of said structure is not in the public interests. Section 4. That the Trauseh Bak- ing Company shall alone be re- sponsible for any damages result- ing from the constriction or main- tenance of such structure and shall defend, at its own expense, any action at law or in equity which may be brought against the City of Dubuque for damages on account of such structure and shall reim- burse the said City for any amounts it may be required to pay out as damages resulting from such structure and in all respects keep the City of Dubuque harmless from any claim arising out of the main- tenance of such structure. Section 5. This ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided and upon the acceptance of the terms hereof being endorsed here- on by said Trausch Baking Com- pany and the payment of the costs and expenses incident to publica- tion by said company. Introduced the 25th day of Sep- tember, 1951. Rule requiring read- ing on three separate days sus- pended by unanimous vote the 25th day of September, 1951. Passed, adopted and approved this 4th day of October, 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 9th day of October, 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. (Awarding Contract) RESOLUTION N0. 349-51 Whereas, proposals have been submitted by contractors for the construction of West 32nd Street Detention Reservoir Project pur- saaant to Resolution No. 335-51 and M. L. Giber & Company 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 M. L. Giber & Company and the Manager be and he is hereby directed to execute a contract on behaH of the City of Dubuque for Special Session, October 4, 1951 599 tlae complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 25th, 1951. Passed and adopted this 4th day of October, 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 Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 370-51 Whereas, Andrew Fondell has petitioned the City Council to con- struct curb and gutter in front of nis property at 1965 Prescott Street according to plans and specifica- tions of the City Engineer, and Whereas, Mr, Fondell agrees to pay the total cost of said improve- ment: Be It Resolved by the City Council of the City of Dubuque that Mr. Andrew Fondell is hereby granted permission to construct said curb and gutter according to the plans and specifications of the City Engineer and at no cost to the City of Dubuque. Passed, adopted and approved this 4th day of October, 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. Councilman Kolb moved that the following persons be appointed to serve as Judges and Clerks of the Primary City Election of October 23rd, 1951 and also at the Regular City Election and Special N;lections of November 6th, 1951. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. First Precinct-Judges: Mrs. Ber- nice McCauley, Mrs. Margaret Cannon, Louise Raforth; Clerks: i4frs. Josephine O'Brien, Lillian Jones. Second Precinct-Judges: Nellie Loetscher, Elsie Blades, T. J. Hill; Clerks: Mrs. George Fox, Mrs. N' aretta Donegan. Third Precinct~,Tudges: J. R. McGuinness, Mrs. Anna Kingsley, Edna Wunderlich; Clerks: Mrs. Vera McAllister, Eunice Kilby. Fourth Precinct -Judges; Julia Blum, Emma Osborn, Mrs. Anton Freund; Clerks-Margaret Ends- ley, Mary Hughes. Fifth Precinct -Judges: Grace Wright, Mrs. Evelyn Madden, Ruby 5teuck; Clerks: Mrs. Laura B. Hohmann, Sadie Trader. Sixth Precinct-Judges: Millie Cords, Olive Satterlee, Mrs. Bertha McDermott; Clerks: Louise For- ward, Lillian Fleege. Seventh Precinct~Tudges: Nick Weber, Hubert Meissen, Joan Ro- land; Clerks: Loretta Goff, Alexia Hanley. Eighth Precinct -Judges: Sadie Meyers, Harriet Kolck, Louis Lagen; Clerks: Jane Fuhrman, Anna Weber. Ninth Precinct~Tudges: Mayme Cassutt, John Merkes, Mildred Koehler; Clerks: Belle Leidinger, Edna Widdowson. Tenth Precinct-Judges: Loretta Kammueller, Anna Kunz, Mrs. Leona Boyer; Clerks: Hattie Dona- tsch, Stella Ball. Eleventh Precinct-Judges: Mrs. Etta Schroeder, Gilbert Nicks, Ililda Hoefflin; Clerks: Mrs, Ida Itilurray, Hazel Kirkwood. Twelfth Precinct-Judges: C. W. Nickels, Linda Grashorn, Isabel Vogel; Clerks: Elsie Bottge, Luetta Kraus. 600 Special Session, October 4, 1951 Thirteenth Precinct -Judges: Mrs. Clara Francois, Mrs. Rose G u l i e k, Chas. Haudenshield; Clerks: Mrs. Freda Foell, Mar- guerite Liddle. Fourteenth Precinct - Judges: Mrs. Art Millius, Mrs. E. Kuper- schmidt, Albert Howe; Clerks: Gwen Bohn, Veronica Agard. Fifteenth Precincts-Judges: Mary Handers, Mrs. Gertrude O'Leary, Helen Pape; Clerks: Mrs. Minnie Lucas, Helen Hohnecker. There being no further business Councilman Welu moved to ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved 1952 Adopted •1952 Councilmen ...................................... Attest :................................................... City Clerk Special Session, October 10, 1951 601 City Council (OFFICIAL) Special Session, October 10th, 1951. Council met at 4:15 P.M. . Present-Mayor Russo, Council- men Austin, Kolb, Schueller. City Manager Schiltz. Absent-Councilman Welu. Meeting called by order of Coun- cilmen Schueller 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 considering the adoption of a reso- lution providing for a Municipal Primary Election in the City of Dubuque on October 23, 1951 and directing publication of notice thereof. To the Members of the City Council, Dubuque, Iowa. Gentlemen: We have this date canvassed the petitions for nomination for Muni- cipal offices to be voted on at the Municipal Election to be held on November 6, 1951, on file in the office of the City Clerk at the close of the business day October 9, 1951, and find said canvass the follow- ing: OFFICES FOR WHICH NO PRIMARY ELECTION IS REQUIRED Park Commissioner-Unexpired term: Frank P. Delany. Park Commissioner-Unexpired term: Frank T. Dolter. Park Commissioner-Unexpired term: Arthur M. Bennett. OFFICES FOR WHICH A PRIMARY ELECTION IS REQUIRED Councilmen-Nominees: Lester A. Justman, Howard (Bud) Kenneally, Charles A. Kintzinger, Donald F. I'aar, Louis A. Welty, Clarence P. Welu. Respectfully submitted this 10th day of October, A.D., 1951. ROMOLO N. RUSSO, Mayor. J. J. SHEA, City Clerk. Councilman Kolb moved that the report of Mayor Russo and City Clerk Shea be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman We1u. RESOLUTION N0. 371-51 Resolution providing fora Muni- cipal Primary Election in the City of Dubuque, Iowa on October 23, 1951 and directing publication of 1\otice thereof. Whereas the Mayor and City Clerk have made their report of the results of their canvass of the petitions for nomination of persons desiring to become candidates at the Municipal Election to be held November 6, 1951; and Whereas it appears from said re- port that more than twice the member of candidates have quali- f~ed as such far the office of City Councilman that may be elected to said office and that a Municipal Primary Election is required to be held to determine the nominees for said office in accordance with the Laws of Iowa; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That a Municipal Prim- ary Election be had in the City of Dubuque, Iowa on October 23, 1951 between the hours of 7 A.M. and 8 F,M. to elect four nominees for the office of Councilman to suc- ceed the two Councilmen whose terms expire April 1st, 1952; Section 2. That said Election shall be held in the several voting precincts of said City as hereto- fore determined by Ordinances of said City. The polling places with• in the respective election precincts shall be as follows: 1st Precinct-Bryant School, ]280 Rush Street. 2nd Precinct -Washington Jr. High, 51 North Grandview Avenue. 3rd Precinct -Franklin School, 39 Bluff Street. 4th Precinct -County C o u r t House, 7th Street and Central Ave- nue. 5th Precinct-Lincoln Schoo1,1101 West Fifth Street. ~,,, 602 Special Session, October 10, 1951 8th Precinct-Irving School, 2155 University Avenue. 7th Precinct -City Hall, 13th Street between Iowa and Central. 8th Precinct-Chamber of Com- merce, 9th and Locust Streets. 9th Precinct-18th Street Fire Engine House. 10th Precinct -Central School, 1500 Locust Street. 11th Precinct-Kohlman Building, 15 East 21st Street. 12th Precinct-Fulton School, 2540 Central Avenue. 13th Precinct -Holy G h o s t School, 2901 Central Avenue. 14th Precinct -Audubon School, 535 Lincoln Avenue. 15th Precinct -Marshall School, 1450 Rhomberg Avenue. Section 3. That voting machines shall be used for voting in said Municipal Primary Election. Section 4. That the City Clerk shall have ballots for absent voters prepared in accordance with the Laws of Iowa applicable thereto. Section 5. That the City Clerk is hereby directed to forthwith cause to be published in the Tele- graph Herald, a newspaper pub- lished within the City of Dubuque, in proper form, the names of the candidates as they are to appear upon the Municipal Primary Bal- lot. No ballot shall have a party designation thereon. Passed, adopted and approved this 10th day of October, A.D. 1951. ROMOLO N. RUSSO, Mayor. 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 Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent--Councilman Welu. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. J. J. SHEA, City Clerk. Approved -1952 Adopted 1952 I Councilmen: ; ................................. Attest :............... City Clerk. Special Session, October 15, 1951 603 City Council (OFFICIAL) Special Session, October 15th, 1951, Council met at 7:30 P.M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, City Manager Schiltz. Absent-Councilman Welu. Meeting called by order of Councilman Kolb and Austin. Mayor Russo read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering electric rates and bus fares and acting on any other business as may properly come before a regular meeting of the City Council. Notice of Claim of Henry Grewe in the amount of $829.49 for in- juries received in a fall on an icy sidewalk at 1192 Locust Street, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb Schueller. Nays-None. Absent-Councilman Welu. Communication of Corps of En- ginneers, U. S. Army Office of the Division Engineer Upper Missis- sippi Valley Division, St. Louis, Missouri, submitting Public Notice of favorable report on review of reports on the Mississippi River above the Missouri River, for flood protection-Interim Report, Gut- tenberg, Iowa to Hamburg Bay, Illinois, presented and read. Councilman Austin moved that the City Manager be authorized to prepare and submit a report, and also to appear before the Board of Engineers for Rivers and Harbors, Washington, D.C. showing the expense borne by the City of Dubuque during the recent flood of 1951. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Petition of William Schmidt and ofhers, residents of the 1000 bloek of North Booth Street, requesting the installation of a street light somewhere in the center of the block of North Booth Street be- tween University Avenue and Martha Street, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russc, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilmen Welu. Petition of Edward J. Winter re- questing arefund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 122, as he has discontinued business on October 10, 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 $50.00 in favor of Edward J. Winter to cover the amount of refund granted on the unexpired portion of his Cigarette No. 122. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Councilman Welu entered the Council Chamber and took his seat at 7:40 P.M. Petition of Bates and Rogers Construction Corporation request- ing apermit to use explosives for the purpose of removing concrete in the basement of the boiler and turbine room of the Interstate Power Company, presented and read. Councilman Austin moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councllmen Austin, Kolb, Schueller, Welu. Nays-None. October 15, 1951 The City Council, City Hall, Dubuque, Iowa. Gentlemen: This is to advise that the Bates ~~..„y~~ .,.~x,~.~~,~~~.3.~.~,~., 604 Special. Session, October 15, 1951 and Rogers Corporation of Chicago, Ill. has been given permission to use dynamite in the demolition of concrete footings in the boiler room and turbine room basement of the Interstate Power Company electric station at Dubuque, Iowa. We hereby release the City of Dubuque from all responsibility to our property or buildings in con• junction with the use of explosives in the station. Very truly yours, L. HARLAN, Chief Production Engineer Interstate Power Company. Councilman Austin moved that the communication be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Blasting Bonds of Bates and Rogers Construction Corporation in the amount of $5,000.00 pre- sented for approval. Councilman Austin moved that the bond be approved and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of John C. Kaiser, Co., requesting permission to construct a canopy over display windows of their store located at 68-72 Main Street, presented and read. Councilman Schueller moved that the petition be referred to the City llianager. Seconded by Councilman Austin Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, October 15, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of John Kaiser to erect a canopy extending a distance of three feet from his building located at 68 Main Street has been discussed by the Building Com- missioner and myself. This canopy is small and is of no hazard to the public. We would recommend that this request be granted. 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. RESOLUTION N0. 312-51 Whereas, an application has been filed with the City Council request- ing that a permit be issued for the erection of a canopy along the west side of the building presently owned by the John Kaiser Com- pany, and Whereas, the City Council, after due consideration is of the opinion that the request should be granted, Now, Therefore Be It Resolved by the City Council of the City of Dubuque: Section 1. That the John C. Kaiser Company be and they are hereby granted the right and authority to construct and main- tain acanopy along the west side of the building owned and oc- cupied by John C. Kaiser Company, iU accordance with the plans now on file, said building located at 68 Main Street in the City of Du- buque, providing that the construc- tion thereof is in accord with the plans now on file; Section 2. That such construc- ~on shall be done under the super- vision and direction of the Building Commissioner and the City Man- ager of the City of Dubuque and any rules and regulations they may reasonably prescribe; Section 3. That the right to con- struct and maintain said proposed canopy shall be subject to the con- tinuous control of the City Council, reserving the right to said City Council to impose restrictions and conditions upon the enjoyment thereof as said City Council may deem necessary for the protection of the public interest, including the right to revoke and rescind the grant hereby made; Section 4. As a further consider- ation of the rights and privileges herein granted, the said John C. Kaiser Company, their successors Special Session, October 15, 1951 605 and assigns, assume any and all liability for damages to persons or property which may result from the construction or maintenance of said proposed canopy. Said appli- cant, their successors and assigns, at then- own expense, agree to pay on behalf of the City of Dubuque, all sums which the City of Du- buque shall become obligated to pay by reason of the liability im- posed upon the City of Dubuque for damages of any kind resulting from the construction and mainten- ance of said canopy sustained by any person or persons, caused by accident, or otherwise. Said ap- plicants shall defend at their own expense, and on behalf, of said City, any claims against said City arising out of the construction or maintenance of said canopy. Said applicants further agree to file with the City of Dubuque and keep in force and effect a liability in- surance policy, with an approved insurance company in the amount of $10,000.00 Dollars covering all of such liability including the costs of defending said claims as afore- said. Acertificate shall be filed with said City annually certifying that said policy is in full force and effect. Section 5. Should the rights and privileges herein granted be re- cinded or revoked, the John C. Kaiser Company, their successors and assigns, shall within thirty days after receipt of written notice f! om said City so to do, at its own expense, remove said canopy, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said canopy at applicant's expense, assess the cost thereof against the premises, and destroy the canopy, and neither applicant nor the owners of the premises shall have any claims against said City, or its agents, for damages resulting from the removal of said canopy. Section 6. This resolution shall become effective and the rights hereunder shall accrue to the John C. Kaiser Company when this resolution has been passed by the City Council and accepted by said applicant and the owner of the premises by acceptance endorsed on this resolution and when the insurance policy is placed on file as provided herein. Passed, adopted and approved this 15th day of October, 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. Council Proceedings for the month of May, 1951, presented for approval. Councilman Welu moved that the Council Proceedings for the month of May, 1951 be approv- ed as printed. Seconded by Coun- cilman Kolb. Carried by the follow- ing vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays -None. Ordinance No. 46-51. An Ordi- nance Amending Ordinance No. 33• 49 by adding a new Section to Schedule N thereof; by adding a new Section to Schedule N-2 there- of, and by adding two new Sec- tions to Schedule VI thereof, pre- sented and read. Councilman Kolb moved that the reading just had been considered the first reading of the ordinance. Seconded by Councilman Welu. 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 sep- arate days. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays -None. ORDINANCE N0. 46.51 An Ordinance Amending Or- dinance No. 33.49 by adding a new section to Schedule N thereof; by adding a new Section to Schedule IV-2 thereof, and by adding two 606 Special Session, October 15, 1951 new Sections to Schedule VI there- of. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That Ordinance No, 33.49 known as the "Traffic Code" be amended by adding a new Sec- tion to Schedule N thereof as fol- lows: "SCHEDULE IV 3. For longer than 15 minutes upon the following streets: a. Both sides of Jones Street be- tween Main Street and the Chicago, Milwaukee, St. Paul & Pacific Rail• road tracks." Section 2. That Ordinance No. 33.49 known as the "Traffic Code" be amended by adding a new sec- tion to Schedule N-2 thereof as follows: "SCHEDULE N 2.x Seminary Street from t h e northeast corner of Avoca Street and Seminary Street to a point 600 feet east thereof." Section 3. That Ordinance No. 33.49 known as the "Traffic Code" be amended by adding two new sections to Schedule VI thereof as follows: "SCHEDULE VI f.f. East side of Wartburg Place from Fremont Avenue to 385 Wart- burg Place; g.g. Both sides of Wartburg Place from 385 Wartburg Place to the entrance to Sunset Ridge." Section 4. That this Ordinance shall be in full force and effect from and after its final adoption and publication as provided by law. Passed, adopted and approved this 15th day of October, 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 18th day of October, 1951, J. J. SHEA, City Clerk. Councilman Kolb moved t h e adoption of the ordinance. Second- ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Russo, Council• men Austin, Kolb, Schueller, Welu. Nays-None. October 12, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Harvey L. Pier and others requesting the installa- tion of a street light on the west end of Marion Street was referred to the City Manager for recommen- dation and report. I have bad this petition investi- gated and recommend that a street light be installed at the intersec- tion of Marion and Concord Streets. I have also investigated the mat- ter of street lights at three other locations and find that they are needed, and recommend that lights be placed at the following loca- tions: 1) On Light Pole No. 207.824E near 00 South Algona St. 2) On St. Marys Street on Pole No. 207.794M. 3) On Pole No. 207-911L on Val- ley Street. Respectfully submitted, L. J, 5chiltz, City Manager. Councilman Kolb moved that the recommendations of City Manager SchIltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays-None. October 15, 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, #or the month of September 1951; also list of claims and list of payrolls for which warrants were issued for the month of September 1951. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Welu moved that the reports be received and placed on file. Seconded by Councilman Kolb. Carried by the following vote: Special Session, October 15, 1951 607 Yeas -Mayor Russo, Council• men Austin, Kolb, Schueller, Welu. Nays -None. RESOLUTION No. 373-51 Resolution authorizing convey- ance of block 31, Dubuque Harbor Co's. Addition in the City of Du- buque, Iowa. Whereas Hart Implement Com- pany, an Iowa corporation, has of- fered to purchase the following de- scribed real estate from the City of Dubuque for the price of Fif- teen Hundred dollars ($1500); and Whereas the City Council h a s viewed the ground and has had the same investigated by the City Manager and deems this property unsuitable to any public purpose of the City of Dubuque; Now therefore be it resolved: That the Mayor is hereby authoriz- ed to execute a Quit Claim Deed in the name of the City of Du- buque, conveying all its right, title and interest in: Block 31, Dubuque Harbor Co's. Addition in the City of Dubuque, Iowa to Hart Implement Company, an Iowa corporation, of Dubuque, Iowa, and to execute on behalf of the City the plat of the sub-division of said Block 31, Dubuque Harbor Co's. Addition in the City of Du- buque, Iowa, 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 Hart Implement Company upon receipt of the agreed pur- chase price of Fifteen Hundred dol- lars ($1500) in cash. Introduced, approved and placed on file Octo- ber 15th, 1951. Councilman Kolb moved that the resolution be approved and placed on file for final action. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays -None. RESOLUTION No. 314-51 Resolution setting time and place of hearing on proposal to dispose of real estate. Whereas a Resolution, No. 373.51, has been introduced in the City Council of the City of Dubuque, pro- viding for the sale of Block 31, Dubuque Harbor Co's. Addition in the City of Dubuque, Iowa, to Hart Implement Company, an Iowa cor- poration, for Fifteen Hundred Dol- lars ($1500); 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 Du- buque: That a public hearing be held on said proposed Resolution on t h e 5th day of November, 1951 at 7:30 o'clock P.M. in the City Council Chambers in the City Hall in the City of Dubuque, Iowa, at which time and place all interested par• ties will be given an opportunity to be heard and that the C i t y Clerk is hereby directed to publish notice of said hearing once each week for two consecutive weeks in the manner provided by law. Adopted this 15th day of October, A. D. 1951. ROMOLO N. RUSSO Mayor CLARENCE P. WELti RAY F. KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kolb moved t h e adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays -None. RESOLUTION No. 3751 Be it resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Clyde L. Bradley 3198 Central Ave. Be it further resolved that the bond filed with the application be approved. 608 Special Session, October 15, 1951 Passed, adopted and approved this 15th day of October, 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 K o 1 b moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu, Nays -None. RESOLUTION N0. 316-51 Whereas, applications for Class "B" Beer Permits have been sub- mitted 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 Fred H. Cooper and Harold J. Lovs, 250 West 6th Street Alfred E. Hadley, 509 Eighth Avenue Harold L. Steinhoff, 241 Main Street John Glynn, 659 Central Avenue Herbert Meyer and Mildred Mey- er, 735 Central Avenue Ray Nicks 521 East 22nd Street CLASS "B" PERMIT FOR PRIVATE CLUB Hiawatha Club, 576 Central Ave• nue Union League Club, 336 Main Street Passed, adopted and approved this b5th day of October, 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. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 317~i' 1 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: 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 appli- cants aBeer Permit. CLASS "B" PERMIT Name Address Fred H. Cooper and Harold J. Love, 250 West 6th Street Alfred E. Hadley, 509 Eighth Ave- nue Harold L. Steinhoff, 2t4 Main Street John Glynn, 059 Central Avenue Herbert Meyer and Mildred Mey- er, 735 Central Avenue. Ray Nicks, 521 East 22nd Street CLASS "B" PERMIT FOR PRIVATE CLUB Hiawatha Club, 576 Central Ave- nue. Union League Club, 336 Main Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 15th day of October, 1951. ROMOLO N. RUSSO Mayor. CLARENCE P. WELU RAY F. KOLP RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Special Session, October 15, 1951 609 October 15, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of the Interstate Power Company requesting approv- al of an adult bus fare of ten cents and a five cent fare for children under twelve years of age and for school children on school days, during school hours, was re• ferred to the City Manager and City Council for further considera- tion. A study has been made by the engineering firm of Larauiore and Douglass regarding the reasonable- ness of the askings. The report by Mr. Eugene Lang has been submitted and after sev eral conferences to determine the costs of operation and revenue based on the proposed increase in bus fares, it was found that the increase was justified. Under the present bus fares the company is earning a return of 223 percent on the value of its property. With the proposed sched- ule, the rate of return would be between 7 percent and 7.44 percent depending on the reduction in re- venue due to the decrease in cus- tomers because of the increase in fares. I would, therefore, recommend that the City Council grant the in- creasefor bus fares as asked by the Interstate Power Company; also, that the Interstate Power Company be requested to submit to the Coun- cil for their approval a plan for expansion of bus service in areas that do not yet have bus transpor- tation. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Manager Schiltz be approved and proper pro- ceedings prepared. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays-None. Councilman Austin moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nay s-None. Mr. A, J. Dupont, District Man- ager of the Interstate Power Com- pany, addressed the Council stat- ing that bus service will be ex- tended in the near future to cover the Hillcrest Area and also the Park Hill District. City ~bIanager Schiltz and Mr. Eugene Lang, Consulting Engineer submitted verbal report relative to an increase in electric rates and stated that a six percent increase in electric rates would bring ap- proximately $137,000.00 in revenue increase to the Interstate Power Company. Councilman Schueller moved that action on the oral re- port of City Manager Schiltz and Mr. Eugene Lang, Consulting En- gineer with reference to increase in electric rates be suspended till the Council Meeting of October 24th, 1951, and that the City Manager be instructed to prepare a report showing the percent of increase in electric rates on the figures, sub- mitted by the Interstate Power Company and also showing the per- cent of increase in electric rates on the figures submitted in the oral report of the City Manager and Mr. Eugene Lang, Consulting En- gineer. Seconded 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 adjourn. Seconded by Councilman Austin. Carried by the following vote: Yeas- Mayor Russo, Councilmen Austin, Kolb, Schuelrer, Welu. Nays-None. Approved .............................. 1952 Adopted ................................ 1952 Councilmen: j .................................... I I Attest : ...................... City Clerk 610 Special Session, October 24, 1951 City Council (OFFICIAL.) Special Session, October 24th, 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 Coun- cilmen Kolb and Austin. Mayor Russo read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con• sidering the report of the City Clerk showing the result of the canvass of the election returns of the Municipal Primary Election held October 23, 1951 and acting on any other business as may pro- perly come before a regular meet- ing of the City Council. Vote of the Municipal Primary Election held October 23, 1951 showing the following results: COUNCILMEN 1st .................................................... 2nd .................................................... 3rd .................................................... 4th .................................................... 5th .................................................... 6th .................................................... 7th .................................................... 8th .................................................... 9th ................................................... 10th .................................................. 11th .................................................. 12th .................................................. 13th .................................................. 14th .................................................. ... 15th ............................................... Total ................................................ ~ ~~ ~ ~~ ~~ ~ ~ ~N ~ b ~ ~ ou ,~ ~ ~ z;; d~ ~y ~fq 3a w~ m" ~ a~ .~,~' ~ y~ ~~ ^"~ ~ ati x~ ix as a3 v3 w E~ o 102 124 170 95 107 183 273 154 75 222 108 1]2 187 314 70 164 83 51 114 147 242 39 66 75 40 71 86 134 80 95 136 68 92 170 240 137 97 210 144 111 178 306 75 74 64 56 88 118 157 60 57 90 42 62 89 139 53 68 74 63 75 114 153 101 112 126 104 135 187 255 75 85 78 80 9s 149 180 81 87 92 80 124 160 200 50 78 74 61 171 163 230 97 82 107 78 125 203 244 s9 6s 78 63 83 137 176 1243 1330 1679 1133 1566 2271 3248 October 24, 1951 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 145 of the 54th General Assembly, on October 24, 1951 I made a public canvass of the elec- tion returns of the Municipal Pri- mary Election held October 23, 1951 and herewith submit the re- port of the result of said canvass. In accordance with the provisions of said Chapter the following is a list of the nominees for all offices to be filled at the forthcoming Municipal Election: For Councilman for the term commencing the first Monday in April, 1952: Name Nominated by Primary Election Howard (Bud) Kenneally Charles A. Kintzinger Louis A, Welty Clarence P. Welu For Park Commissioner to fill the unexpired term: Nominated by Petition Frank P, Delany Frank T. Dolter For Park Commissioner, regular term. Nominated by Petition Arthur M. Bennett Canvass of returns of the Muni- cipal Primary Election held Octo- ber 23rd, 1951, I, J. J. Shea do hereby certify that on October 24th, 1951 I pub- licly canvassed the election returns of the Municipal Primary Election Specia) Session, October 24, 1951 611 held October 23rd, 1951 and find the following results, Nominated by Primary Election for Councilmen: Name Number of votes Howard (Bud) Kenneally 1330 Louis A. Welty 1566 Charles A. Kintzinger 1679 Clarence P. Welu 2271 Total number of votes cast 3248 Respectfully submitted, J,J, SHEA City Clerk. Councilman Kolb moved that the report of City Clerk Shea be re- ceived and made a matter of re- cord. Seconded by Councilman Schueller, Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the judges and Clerks who served at the Municipal Primary Election held October 23rd, 1951 be allowed the amount of $10.00 each for ser- vices rendered as such Judges and Clerks. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Paul M. Nau- man sincerely thanking the City Council for the action taken in re- stricting parking on Wartburg Place, presented and read. Coun- cilman Kolb moved that the com- munication be received and filed. Seconded. by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Dubuque Stone Products Company advising Coun- cil that they would appreciate early action on their former petrtion re- questing vacation of Lime Street, presented and read. Councilman Welu moved that the communica- tion be referred to the Planning and Zoning Commission, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Petition of Central Avenue Busi• ness District Council requesting Council to have the Stop and Go light at the Northwest corner of 4th & Central Avenue changed over to a green arrow light in order to allow a right turn onto Fourth for all South traffic going West, presented and read. Councilman Welu moved that the petition be referred to the City Manager, Se- conded by Councilman Austin, Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Norbert Freiburger requesting the vacation of the alley lying first north of West 32nd Street from the east line ~f Fink Street to its easterly terminus, presented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Com- mission for their 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 George J. Tressel re- questing that parking be limited on one side of the street only (pre- ferable on the downhill side) on Diagonal Street and on Broadway from Diagonal to the top of Broad- way Hill where Gay Street turns to the left, presented and read. Councilman Welu moved that the petition be referred to the City Manager. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russn, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Frank C. Wieland re- questing arefund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 88, as he has discontinued sale of cigar- ettes on October 18, 1951.. present- ed and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Frank C, Wieland to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 88. Seconded by Councilman Schueller. Carried by the vollowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of C. Eleanor Marshall „. ~, M a..+.. ~.. r v vRt ~ ~,F"'a+R#"eir#"l~al~s:4P'"~~"1!`#~'A1 ~" ,~. ,. 612 Special Session, October 24, 1951 and others requesting the City Council to have an inspection made of the rough condition of Windsor Avenue, presented and read. Coun- cilman Welu moved that the pe- tition be referred to the City Man- ager. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE NO. 47-51 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Map of the City of Du- buque", so as to change the zoning classification of the following des- cribed area from its present classi- fication to "Multiple Family Resi- dence District classification, to-wit: On the westerly side of Bluff Street, to include all of that area bounded by the following: Be- ginning at a point at the northwest corner of the intersection of Bluff Street and West Fifth Street, thence northerly along the westerly line of Bluff Street to the southwest corner of Bluff Street and Eighth Avenue, thence to the westerly along the south side of Eighth Ave- nue to the southwest corner of Eighth Avenue and Hill Street, thence southwesterly along the southeasterly line of Hil? Street to the southeast corner of Hill Street and West Fifth Street, thence east- erly along the north line of West Fifth Street to the point of be- ginning, except only the following lots: Lots 15 to 21 and Lot 1 of 27, Lot 1 of 28, and Lots 29 to Lot 1 of 44 inclusive, all in Correll's Sub- division in the City of Dubuque, Iowa, according to the recorded plat thereof, presented and read, Councilman Welu moved that the reading just had to 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 Welu 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 Welu moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 318-51 Resolution setting time and place of hearing on proposal to change and amend the zoning map of the city of Dubuque. Whereas an Ordinance, No. 471, has been introduced in the City Council of the City of Du- buque, providing for the change and amendment of the Zoning Map of the City of Dubuque; and, Whereas before such Ordinance 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 Ordinance on the 3rd day of December, 1951, at 7:30 o'clock p.m. in the City Council Chambers in the City Mall in the City of Dubuque, Iowa, at which time and place all interested par- ties will be given an opportunity to be heard and that the City Clerk is hereby directed to publish notice of said hearing once each week for two consecutive weeks, in the manner provided by law, the last of which publications shall be not less than ten (10) days prior to said hearing. Adopted this 24th day of October A.D, 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 Schueller moved the adoption of the resoiatioa. Second- ed by Councilman Kolb. Carried by the following vote: Special Session, October 24, 1951 613 Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 48-51. An Ordinance providing for the vacation of the alley adjoining Lot 113 in Belmont Addition and Lot 71 in Riverview Addition, presented and read. Councilman Welu 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 Welu moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the ordinance just read, being an or- dinance authorizing a contract 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 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. RESOLUTION N0. 319-51 Resolution setting time and place of hearing on proposal to vacate an alley adjoining lot 113 in Belmont addition and lot 11 in Riverview addition. Whereas an Ordinance No. 48-51, has been introduced in the City Council of the City` of Du- buque providing for the vacation of an alley adjoining I.at 113 in Bel- mont Addition and Lot 71 in River- view .Addition; in the City of Du- buque, Iowa; and, Whereas before such Ordinance may be adopted, a public hearing must be had thereon; now there- fore, Be It Resolved by the City Coun- cil of the City of Dubuque: That a public hearing be held on said proposed Ordinance on the 3rd day of December, 1951 at 7:30 o'clock p.m. in the City Council Chambers in the City Hall in the City of Dubuque, Iowa, at which time and place all interested par- ties will be given an opportunity to be heard and that the City Clerk is hereby directed to publish notice of said hearing once each week for two consecutive weeks, in the manner provided by law, the last of which publications shall be not less than ten (10) days prior to said hearing. Adopted this 24th day of October A.D., 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. W1;LU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. 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 list of claims for which warrants were drawn during the month of September, 1951, presented and read. Council- man Kolb moved that the pray 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. 49-51 An Ordinance establishing and fixing rates to be charged for the furnishing of bus transportation to passengers on buses operated by the Interstate Power Company in the City of Dubuque, repealing 0r• dinance No. 42-50, and providing a penalty for the violation hereof, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Se- conded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an or dinance to be read on three sepa- rate days. Seconded by Council- 614 Special Session, October 24, 1951 man Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, tVelu, Nays-None. ORDINANCE NO. 491 An Ordinance establishing and fixing rates to be charged for the furnishing of bus transportation to passengers on buses operated by the Interstate Power Company in the City of Dubuque, repealing Or- dinance No. 42-50, and providing a penalty for the violation hereof. Whereas the Interstate Power Company operates a bus system in, and along, and upon the streets of the City of Dubuque by virtue of a franchise, being Ordinance No. 16--46; and Whereas it is provided by said franchise that the City Council re- serves the right to fix reasonable and just rates; and Whereas application has been filed by the Interstate Power Com- pany for an increase in bus rates; and Whereas after investigation by the City Council it has been de- termined that there should be an increase in bus fares; Now Therefore be it ordained by the City Council of the City of Dubuque: Section I. That Ordinance No. 42--50 adopted the 19th day of Octo- ber, 1950, be and the same is here- by repealed: Section II. The fares to be char- ged by the Interstate Power Com- pany on all buses operating in the City of Dubuque under said fran- chise are hereby fixed as fol- lows: 1. The charge for a single cash fare shall be ten cents (10); 2. In accordance with and subject to the provisions of Section V of said Franchise Ordinance, children in arms shall be carried free of charge and the fare for children twelve (12) years of age and young- er shall be five cents (5) cash; 3. In lieu of tokens required un- der Section V of said Ordinance No. 16-40 said company is hereby authorized to issue identification cards to all school children eight- een (18) years of age and younger, and from the 1st day of September to the 30th day of June in each year. Saturdays, Sundays and holi- days excepted, upon exhibiting such identification card to the driver, school children of the age of thir• teen (13) to eighteen (18) years, inclusive, shall be entitled to ride for a five cents (5) cash fare in going to and from public and paro- chial schools during the hours of 7:45 a.m. to 4:15 p.m. In accord- ance with said Section V any abuse of the use of such identification card and the privileges granted thereunder, at the option of the company, may result in forfeiture thereof by the individual concern- ed; 4. When requested transfers shall be issued upon the payment of all fares, without additional charge. Section III. That any person, firm or corporation who shall violate any of the terms of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one hundred dollars ($100) or imprisoned in jail not to exceed thirty (30) days; Section N. That this Ordinance shall be in full force and effect im- mediately upon its final adoption and publication as provided by law. Passed upon first reading October 24, 1951. Rule requiring three separate readings suspended October 24, 1951. Passed, adopted and approved October 24, 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 29th day of October, 1951. J. J. SHEA City Clerk, Councilman Welu 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. Special Session, October 24, 1951 615 Dubuque, Iowa October 16, 1951 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provi• sions of the Code of Iowa, 1950 the Civil Service Commission con- ducted entrance examinations on October 10th, 1951 for those seeking positions as Milk Sanitarian and Restaurant Inspector. The following list shows the names of those who passed the written examinations with an aver- age of 70 percent or better, Said list being certified in accordance with the provisions of the Code of Iowa, 1950. Milk Sanitarian Name Average Arthur J. Roth, Jr. 86 Restaurant Inspector Name Average Mildred. J. Kennedy 88 Respectfully submitted, LOUIS J. LAGEN Chairman C, S. HARKER Members, Civil Service Commission. Attest: J. J. SHEA City Clerk. Subscribed and sworn to before me, a Notary Public this 16th day of October, 1951. GERALDINE L. JFNNI Notary Public Councilman Kolb moved that the report of the Civil Service Com- mission be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. October, 23, 1951. To the Honorable Mayor and City Council, Dnbuque, Iowa. Gentlemen: The petition of residents and owners of property in West Du- buque asking for hourly bus ser- vice in the Hillcrest Addition was referred to the City Manager for a report. The Interstate Power Company will initiate twenty minute bus ser- vice in this area November 4th and will serve the area requesting bus service. This new route will be on a trial basis to determine if the need is great enough for continued service. The people in this area will make the final determination by their use of this method of transporta- tion. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the report of City Manager Schiltz 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. October 23, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Paul Braun and others requesting that Lincoln Ave• nue be repaired between Shiras Avenue and Roosevelt Street was referred to the City Manager. This street has been repaired and is now in good condition. Respectfully submitted, L. J. 5chiltz, City Manager. Councilman Welu moved that the report of City Manager Schiltz be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. October 23, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have negotiated for the pur- chase of property necessary for the construction of the Thirty-Second Street Detention Basin Sewer Pro- ject. Attached hereto are copies of agreements with Norbert and Mil• Bred Freiburger, also Mettel Realty & Investment Company, which are presented for your approval and to be made a matter of record. Respectfully submitted, L. J. SCHILTZ, City Manager. Councflman Welu moved that the 616 Special Session, October 24, 1951 report of City Manager Schiltz and the attached agreements be approv- ed and that the agreements be made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. AGREEMENT This agreement entered into by and between Norbert Freiburger and Mildred Freiburger, his wife of Dubuque, Iowa, parties of the first part and Citq of Dubuque, Iowa, party of the second part. WITNESSETH: 1. Parties of the first part agree to sell to party of the second part the following described real estate situated in Dubuque County, Iowa, to-wit: Lot 1 of Lot 3; Lot 1 of Lot 2; Lot 1 of Lot. 1; Lot 2 of Lot 2; all in Fink's Subdivision, City of Dubuque, Iowa, according to the recorded plat of said subdivision to- gether with all improvements there- on and appurtenances thereto. 2, The agreed purchase price of said property is $2,x(10.00 payable by party of the second part as follows: (a) $500.00 upon the execution of this agreement, the receipt of which is hereby acknowledged. (b) $1,500.00 upon the delivery of an Abstract of Title showing good and merchantable title in parties of the first part together with their properly executed warranty deed to the party of the second part. 3. It is further agreed that pos- session of the above described real estate will be and is hereby de- livered upon the execution of this agreement, 4. Party of the second part fur- ther agrees to institute proceedings to vacate the alley lying first north of west 32nd Street from the east line of Fink Street to its easterly terminus and, upon the completion of said proceedings, convey the por- tion of said alley lying between Lot 2 of Lot 6 of Fink Subdivison and Lot 5 of Fink Subdivision to the parties of the first part 5. Party of the second part fur- ther agrees to bring the portion of said alley lying immediately south of Lot 2 of Lot 6 of Fink Sub- division to the existing grade of Lot 5 of Fink Subdivision with earth fill. Dated at Dubuque, Iowa this Sth day of October, 1951. NORBERT FREIBURGER MILDRED FREIBURGER Parties of the First Part CITY OF DUBUQUE, IOWA By: L. J. SCIiILT2 City Manager Party of the Second Part AGREEMENT This agreement entered into this 8th day of October, 1951 by and between Mettel Realty and Invest- ment Company, party of the first part and City of Dubuque, Icwa, a municipal corporation, party of the second part, WITNESSETH: 1. Party of the first part agrees to sell and party of the second part agrees to buy the following described real estate situated in Dubuque County, Iowa, to wit: Lot i of Sub of Lot 1 of Sub of Lot 1, of lot 1 Heim Subdivision; also Lot 2 of 1, 2 of 2, 2 of 3, lof6,1of7,8,9and10,allin Fink's Subdivision. 2. The agreed purchase price of said real estate is :111,000.00 pay- able as follows: (a) $2000.Of1 upon the execution of this agreement, receipt of which is hereby acknowledged. (b) $9,000.00 upon the delivery to party of the second part by party of the first part of an Abstract of Title showing good and merchant- able title in parties of the first part together with its properly exe- cutedwarranty deed conveying said property. 3. Possession of the above des- cribed property will be delivered to party of the second part upon the execution of this agreement. 4. It is understood and agreed that payment of the balance of the purchase price as provided in para- graph 3 (b) above will not be made until the completion of the sale and delivery of its $131,000 Sanitation Sewer Bonds heretofore issued. Special Session, October 24, 1951 617 Da±ed at Dubuque, Iowa, this 8th day of October, 1951. METTEL REALTY INVESTMENT CO. CHARLES P, METTEL President A. J. MHiM Sec.-Treas. City of Dubuque; Iowa BY L. J. SCHILTZ City Manager State of Iowa 1 SS. Dubuque County J On this Sth day of October A.D., 1951 before me Thelma Weiden- bachcr, aNotary Public in and for Dubuque County, Iowa, personally appeared Charles P. Mettel, Presi- dent, and A. J. Mihm, Secretary- Treasurer, of Mettel Realty & In- vestment Co,, the Corporation which executed the .above and fore• going instrument, who being by me duly sworn, each for himself, did say that they are respectively the President and Secretary-Treas- urer of said Corporation; that no seal has been procured by the said Corporation; and that said in- strument was by them, as such officers, respectively, signed on be- half of the said Corporation by authority of its board of directors, and each of them, as such officers respectively, acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. In Witness Whereof, I have here- unto signed my name and affixed my Notarial Seal the day and year last above written. THELMA WEH)ENBACHER Notary Public in and for Dubuque County, Iowa My notarial commission expires July 4, 1954. October 19, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of the University of Dubuque requesting the control of traffic adjacent to the school was referred to me for report. After consultation with the Traffic De- partment, Isubmit the following recommendations: (1) That Section VI of the Traf- fic Code be amended to include the south side of University Avenue between McCormick and Algona Streets. (2) Also, to include the east side of Algona Street south of Campus Lane for a distance of 300 feet. (3) That "Twenty Miles Per Hour -Speed Zone" signs be erect• ed within a distance of 200 feet of the grounds of the University. (4) That a cross walk be placed across Algona Street from the University grounds to Campus Lane on the south crosswalk of Cam- pus Lane. The request for a mid-block crosswalk is not recommended be- cause such a crosswalk in the middle of a block would not be anticipated by a motorist and it is not a good safety practice to have pedestrians cross streets le- gally at any other place than an intersection. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendations of City Man- ager Schiltz be approved and pro- per proceedings prepared. Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. October 24, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of William Schmidt and others requesting the install- ation of a street light on North Booth Street between Martha and University was referred to the City Manager and Electrical In- spector for recommendation and report. Upon investigation, it is recom- mended that a light be placed as requested between 995 aid 1015 North Booth Street. It is also recommended that the street light on Grace Street be• tween Algona and McCormick be moved to the corner of Grace and McCormick Streets. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager 618 Special Session, October 24, 1951 Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. October 24, 1951 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The claim of Henry Grewe for injuries received in a fall upon an allegedly icy sidewalk on January 16th, 1951 has been referred to this office for investigation and report. In view of the fact that more than sixty days have expired since the alleged injury and no written notice was served upon the City during that period, in my opinion, the claim cannot be honored by the City Council and the same should be denied. Sincerely, T. H. NELSON Councilman Austin moved that the recommendation of City Soli- citor Nelson be adapted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. October 24, 1951. To the Honourable Mayor and Members of the City Council of the City of Dubuque Gentlemen: On September 18, 1951, the pe- tition for suspension of remission of taxes on account of age or in- firmity filed by Kate A. Miller was referred to us for investiga- tion and report, We have made an investigation of this petition and find that the allegations of her petition are true and that she quali- fies for suspension of taxes under Section 427.18 of the 1950 Code of Iowa and accordingly, it is our recommendation that the City Coun- cil approve the petition as filed. Respectfully submitted, R. M. CZIZEK Assistant City Solicitor. Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek 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. October 24, 1951 To the Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: On September 25, 1951, a claim was filed with the City Clerk by Andrew Dubmeyer. The claim was for damages sustained to his Hud- son automobile when the same was parked in the City Parking Lot at 9th & Iowa Sts. between 6:30 and 8:45 P.M. The damages claimed were that the right side of the au- tomobile was scraped by another car evidently parked next to Clai- mant's car. This claim was referr- ed to this office for investigation and report. After due investigation it is the belief of this office that the City, in maintaining a Municipal Park- ing Lot, is not an insurer of the vehicles parked therein and owes to the people using said lot no duty such as would make the City responsible for damages of t h i s character. In order for the City to be liable to the Claimant herein, it must have been guilty of some neg- ligence in maintaining this parking lot. Investigation of the matter dis- closes that the City was guilty of no negligence and it is therefore the recommendation of this office that the claim be denied. Respectfully submitted, R. M. CZIZEK Assistant City Solicitor. Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek be approved. Sec- onded by Councilman Austin. Car• ried by the following vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays -None. RESOLUTION N0. 360.51 Whereas, a plat was filed by the City of Dubuque in the office of the County Recorder of Dubuque County, Iowa and recorded in Book No. 19, Page 85 of the Records of Plats; and Whereas, said plat is not correct and a corrected plat has been pre- Special Session, October 24, 1951 619 pared and submitted, now, there- fore, Be it Resolved by the City Coun- cil of the City of Dubuque that the Mayor and City Clerk are hereby authorized to execute the correct- ed plat of the Subdivision of Lot 1 of Lot 2 of George Jecklin Farm in the City of Dubuque, Iowa, and the City Clerk is authorized to record same. Passed, adopted and approved this 24th day of October, 1951. ROMOLO N. RUSSO, Mayor. RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, CLARENCE P. WELU, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved t h e adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays -None, October 23, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: According to your instructions a study has been made to determine the reasonableness of the rate in• crease asked by the Key City Gas company. The Company is entitled to an increase in the rates it presently charges for manufactured gas dis- tributed and sold within the limits of Dubuque if it is to receive a reasonable return on the value of its property used in serving the public. The schedule of rates proposed by the company will result in an overall increase in revenue of ap- proximately $65,591.00. This in- crease in revenue will permit the company to earn 5.75 percent an- nually upon the value of its prop- erty and is in accordance with the company's requested rate increase. I recommend that the proposed schedule of rates be accepted and that the company be permitted to place them in effect as soon as the proper proceedings are prepar- ed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Manager Schiltz be approved and proper proceedings prepared. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays-None. October 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: According to your instructions, I am attaching a tabulation show- ing the income necessary for the Interstate Power Company to earn interest at the rates of 6 percent, 6ya percent, and 6'/z percent, also the required increase in revenue necessary to earn the above inter- est and the percentage of increase over present rates using figures by the Power Company and also those of the City. It is my recommendation after considerable study that the Inter• state Power Company be instruct- ed by the City Council to submit a new rate schedule allowing for an increase in revenue of approxi- mately $140,000.00 over 1950 rev enues. This increase in revenue will give the Power Company a 6 per- cent return on the Rate Base as determined by our study. This in- crease in revenue will increase the present electric and power rates an average of 8 percent. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved the recommendation of City Manager Schiltz be adopted. Seconded by Councilman Schueller, Carried by the following vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays -None. Councilman Welu moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber who wishes to do so, to address the Council. Sec- onded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Russo, Council- 620 Special Session, October 24, 1951 men Austin, Kolb, Schueller, Welu. Nays -None. Mr. Clarence Scrub of the C. Scrub Construction Co. addressed the Council asking permission to construct a sanitary sewer in U.S. Highway No. 52 and 161 commenc- ing at a point on the east property line of and 32 feet southerly from the northeast corner of Lot 1 of 1 lof 1 of 1 of 1 of 1 of 1 of 1 of 1 of 2 of Min. Lot ]2 to the existing sewer manhole in said highway, Councilman W e 1 u moved that the verbal request of Mr. Clarence Scrub of the C. 5trub Construction be granted and prop- er proceedings prepared. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays -None. There being no further business Kolb moved to adjourn. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. Nays -None. J. J. SHEA, City Clerk. Approved .............................. 1952 Adopted ................................ 1952 I Councilmen: j .................................. I Attest :........................................ City Clerk. Regular Session, November 5, 1951 621 City Council (OFFICIAL) Regular Session, November 5th, 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 act- ing on such business as may prop- erly come before the meeting. Proof of publication, certified to by the publishers, of notice of public hearing on the proposal to dispose of Block 31 of Dubuque Harbor Co's. Addition to Hart Im- plement Company for the amount of $1,500.00, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for the hearing. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 373-51 Resolution Authorizing Convey- ance of Block 31, Dubuque Harbor Co's. Addition in the City of Du- buque, Iowa. Whereas Hart Implement Com- pany, and Iowa corporation, has offered to purchase the following described real estate from the City of Dubuque for the price of Fifteen Hundred Dollars ($1500); and Whereas the City Council has viewed the ground and has had the same investigated by the City Manager and deems this property unsuitable to any public purpose of the City of Dubuque; Now Therefore Be It Resolved: That the )Mayor is hereby autho- rized to execute a Quit Claim Deed in the name of the City of Du- buque, conveying all its right, title and interest m: Block 31, Dubuque Harbor Ca's. Addition in the City of Dubuque, Iowa to Hart Implement Company, an Iowa corporation, of Dubuque, Iowa, and to execute on behalf of the City the plat of the subdivision of said Block 31, Dubuque Harbor Co's. Addition in the City of Du- buque, Iowa, now on file with the City Clerk; That the City Clerk is hereby authorized and empowered to affix the seal of the City of Du• buque to said deed and said plat; That the City Clerk is hereby authorized to deliver said deed to the said Hart Implement Company upon receipt of the agreed pur- chase price of Fifteen Hundred Dollars ($1500) in cash. Introduced, approved and placed on file October 15th, 1951. Passed, adopted and approved this 5th day of November, A.D. 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 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 of public hearing on the proposal to dispose of Lot 2 of 1 of Lot 3 in Randall's Subdivision to Peter J. Faber for the amount of $400.00 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. 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