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1951 December Council ProceedingsRegular Session, December 3, 1951 683 City Council (OFFICIAL Regular Session, December 3rd, 1951. Council met at 7:30 P.M. Present Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Mayor Russo stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publicatioli, certified to by the publishers, of notice of public hearing on Ordinance No. 571, an Ordinance amending Ordinance No. 3-~4, also known as the "Zoning Ordinance" to in- clude provisions regulating trailers, trailer parks, and trailer sales lots, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Councilman Welu moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 51-51 An Ordinance amending Ordin- ance No. 3-34 entitled "The Zoning Ordinance of the City of Dubuque" by adding new subsections thereto defining "Trailers" and "Trailer Parks"; providing restrictions on the use of premises for the storage of Trailers and as Trailer Parks; and providing a penalty for the violation thereof, said ordinance having been passed upon first read- ing on November 5th, 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 NO. 5751 An Ordinance amending Ordinance No. 3-39 entitled ''The Zoning Ordi- nance of the City of Dubuque" by adding new subsections thereto de- fining "Trailers" and "Trailer Parks"; providing restrictions on the use of premises for the storage of Trailers and as Trailer Parks; and providing a penalty for the violation thereof." Be It Ordained by the Clty Council nt the City oY .^.1bti^,ue: Section 1. That Aetlcle 1I, Sec- tion 4 of Ordinance No. 8-84 entitled The Zoning Ordinance of the City of Dubuque" la hereby amended by adding a new subsection (a) thereto as follows: "Art. II Section 4 (e): The storage of not more than one unoccupied trailer, as hereinafter defined, shall be considered a Droper aweasory use provided the same shall sot be used for living quarters or business pur- nosaa while so. s~arkb •. Sebtibn `L.-"That article V, se<- tlon 1 of said Ordinance No. 3-84 la hereby amended by adding new subsection (i) and (k) thereto as follows: Art. V, Section 1- (j) Trailer Parka provided the same are designed, constructed and malntalned in accordance with Arti- cle IX hereof, (k) Trader Salsa Lots." Section 3 That Article VI, Sec- tion 1 of said Ordinance Na 8-84 ie hereby amended by adding a new subsection (28) thereto as tonowa: "Article VI, Section 1- (23) Trailer Parka ezcept those de- signed, constructed and malntalned in accordance with Article IX. here- ot" Section 4. That Art[cle VII, Sec- tion 1, of said Ordinance Na 8-34 1s hereby amended by adding thereto a new subsection (62) thereto as fol- lows: "Article VII, Sectlan 1- (52) Trailer Parka ezcept those designed, constructed and malntalned in accordance with Article 1X here- oL" Section 6. That Article IX of said Ordinance No. 9-34 fa hereby amend- ed by adding a new subsection (v) thereto ae fonowa: "Article IX- (v) Trailer Parka, No Dremisea shan be used for a Troller Park unless and until the following con- ditlona have been compiled with: 1. The proprietor of such Trailer Park shall file with the Bunding Commissioner a plat o1 such pro- posed Trailer Park showing the to]- ]owing information: (A) Location of sites for trailers. (B) Location and number of san- itary conveniences to be used by oc- cupants of Uaners. (C) Plan for electrical dietrlbution of lights to trailers. 2. The actual use of such premises shall conform to such plak 3. Each Trailer Park shall have erected thereon, at a distance not greater than two hundred (200) feet from any trailer site it is designed to serve, a suitable butlding for houa- 1ng toilets and showers hereinafter required, which ahaU be provided with a floor M concrete or similar ma- tertal impervious to water and DroD- erly drained. 4, There shall be Drovfded and ac- cesa[ble at all times, separate toilet rooms for each sex. Each toilet room shall contain satlafactory ~ava- toriea with hot and cold running water and toners connected to the City sewer system. b, Separate bathing facllitiee With hot and cold running water shall be provided for each sex with at least, one shower tread for every 15 persona. 8. Trailers shall be kept at least tour (4) feet distant from any lot line and ten (10) feet from any trailer or other structure. 7. All other applicable ordinances of the Ctty of Dubuque shall be complied with. 8. No premises shall be used for a Trailer Park unless and until a Cer• tlficate of Occupancy therefor has bean issued 684 'Regular Session, December 3, 1951 9. The provlsione of Article IX (a) shall not ayply to uae of premises as Trailer Parks." Section 9. That Article X o[ said Ordinance No. 3.94 to hereby amend- ed by adding thereto the followlnR definitions: Troller. A Trailer is any vehicle or structure so designed and con- structed in such manner as will per- mit occupancy thereof as sleeping quarters by ono or more persons, or the conduct of any business or pro- fession, occupation, or trade (or uae as a selling or advertising device) and so designated that it is or may be mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by its own or other motive power, but the word "troller" shall not be construed to Include any standard model automo- bile body designed to accommodate eia or leas Deeaengere. Tranet Park, A Troller Park la any lot, parcel or tract of ]and de- signed, maintained or intended for the purpose of supplying a location or accommodations for any Trailer,' or upon which any Trailer la parked and shall include all buildings used or intended for uee ae part of the equipment thereof whether charge fa made for the use of the Trailer Park and its faeilitiea or not. Troller Sales Lot. A Troller Sales Lot is any lot, parcel or tract of land on which unocenpled Trailers are parked for pnrpoae of Inspection and sale an1Y." Section T. This Ordinance shall ba in full force and effect from June 16, 1952, and after its anal passage, adoption and pnblicatlan as by law provided, Section 8. This Ordinance ehal] be In full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 6th day of Novem- ber, 1961. Rule requiring reading on three separate days auepended by nnanl• moue vote the 6th day of November, 1961. Passed, adopted and approved thta 8rd day of December, 1861. ROMOLO N. RU890 Mayor CLARENCE P. WELII RAY F. BOLB RUBEN D. AIISTIN LEO N. 8~aus;LLER Counclhnen Attest: J. J. Shea, City Clerk. Published officially in The Tele graph-Herald newspaper this 7th dal of December, 196E J. J. 9H It Dec. T Clty 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. Proof of publication, certifed to by the publishers, of notice of public hearing on Ordinance No. 481, an Ordinance providing for the vacation of the alley adjoining Lot 113 in Belmont Addition and Lot 71 in Riverview Addition, pre- sented and read. No written oblections filed and no objectors present in the Council Chamber at the time set for said public hearing. Councilman Welu moved that the proof of publica• lion be received and filed. Sec- onded by Councilman Kolb. Car- ried by the following vote: 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, said or- dinance having been passed upon first reading on October 24th, 1951 and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, was presented for final adoption, ORDINANCE N0. 4a-51 An Ordinance providing for the va- cation of the alley adjoining Lot 113 in Belmont Addition and Lot 71 in Riverview Addition. Whereas, application has been tiled with the City Council requesting the vacation of the alley which extends from the southerly Line of Edith Street sausepar tingnLot 113 innBelt the alley, mont Addition from Lot 71 in River- view Addition to the City of Du- buque, Iowa, according to the re- corded plat thereof, in the City oP Dubuque; and Whereas, said application has been referred to the Dubuque Planning and Zoning Commission for investi- gation and report; and Whereas, said Planning and Zoning Commission has examined into the advisability of vacating that part o[ the alley above described; and Whereas, the said Planning and Zoning Commission has recommended that the request be granted with the condition that all easements and rights now owned by public utilities 1n said alley be reserved, and that proper compensation be paid the City. Now Therefore, Be It Ordained by the Clty Council of the City of Du- buque: Section 1. That the alley which extends from the southerly line of Edith Street south to the northerly line oY the alley, and separating Lot 113 in Belmont Addition from Lot 71 in Riverview Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, in the City of Dubuque be, and the same la hereby vacated. Section 2. That the applicants shall cause a plat to be made of said vacated alley and tiled for record wherein separate parts adioining sep- arate lots shall be given legal de- scription, whereupon the City of Du- buque will convey said Lots to the adjoining owners, reserving all rights now owned by public utilities in Bald alley, and the Mayor and Clerk of said City are hereby authorized to execute deeds accordingly on behalf of the City of Dubuque. Section 3. That the City Clerk he, and he 1s hereby directed to file for Regular Session, December 3, 1951 685 record a duly certified copy of th(s Ordinance in the office of the County Recorder in Dubuque County, Iowa. Section 4. That this Ordinance shall be in force and effect ten (101 days from and after its final passage, adoption and publication, as provided by law. Passed upon first reading this 24th day of October, 1951, Passed, adopted and approved upon final reading this 3rd day of De- cember, 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 10th day of December, 1951. J. J. SHEA, It Dec. 1D City Clerk Councilman Kolb moved the adoption of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of public hearing on the question of changing the zoning classification of the following described area from its present classification to "Multiple Family Residence Dis- trict classification, to wit: on the westerly side of Bluff Street to in- clude all of that area bounded by the following: Beginning at a point at the northwest corner of the in- tersection 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 Avenue to the southwest corner of Eighth Avenue and Hill Street. Thence southwesterly along the southeasterly line of Hill Street to the southeast corner of Hill Street and West Fifth Street, thence easterly along the north line of West Fifth Street to the point of beginning, 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 Subdivision in the City of Dubuque, Iowa, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 41-51 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque," so as to change the zoning classification of the follow- ing described area fmm its pres- ent classification to "Multiple Family Residence District classi- fication, to•wit: On the westerly side of Bluff Street to include all of that area bounded by the follow- ing: Beginning at a point at the northwest corner of the intersec- tion of Bluff Street and West Fifth Street, thence northerly along the westerly side of Bluff Street to the southwest corner of Bluff Street and Eighth Avenue, thence to the westerly along the south side of Eighth Avenue to the southwest corner of Eighth Avenue and Hill Street, thence southwesterly along the southeasterly line of Hill Street to the southeast corner of Hill Street and West Fifth Street, thence easterly along the north line of West Fifth Street to the point of beginning, except only the follow- ing 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 Cor- rell's Subdivision in the .City of Dubuque, Iowa, according to the recorded plat thereof, said or- dinance having been passed upon first reading on October 24th, 1951 and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0, 47.51 An Ordinance amending and chang- ing the Zoning map of the City of Dubuque as provided by Ordinance A'o. 3-34, designated "Zoning Ordi- nance of the City of Dubuque," so as to change the zoning classification oP the following described area from its present classification to "Multiple Family Residence District classifica- tion, to-wit: On the westerly side of Bluff Street, Co include all of that area bounded by the following: Beginning 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 686 Regular Session, December 3, 1951 the aouthweat corner of Bluff Street and Eighth Avenue, thence to the westerly along the south aide of Eighth Avenue to the aouthweat cor- ner oP Eighth Avenue and Hill Street, thence southwesterly along the south- easterly line of Hill Street to the south- east corner of Hill Street and West Fifth Street, thence easterly along fhe north line of West Fifth Street to the point oP beginning, except only the following Iota: Lots 16 to 21 Lots 29t to Lot21 ofo4411nclusive,aal in Correll'a Sub-diviaton in the City of Dubuque, Iowa, according to the recorded plat thereof. Whereas it ie deemed advisable by the City Council to amend the zon- !ng map of the City of Dubuque so as to change the present zoning classi- fication of the above described terri- tory in the City of Dubuque; and Whereas notice of such proposed change has been published as pro- vided for by law and an opportunity afforded to any and all interested par- ties and citiaens to ob)ect thereto at a public meeting held at 7:30 o'clock p. m., on the 8rd day of December, 1951, at the Council Chambers 1n the City Hall; and Whereas no obiectlona have been filed or made to the proposed change; Naw Therefore, Be it Ordained by the City Council of the City of Du- buyue: Section 1. That the Zoning Map and Zoning Ordinance of the C[ty of Dubuque be and the same is hereby amended and changed as follows: The area described as follows: On the westerly side at Bluff Street to include all of that area bounded by the following: Beginning at a point at the northwest corner of the inter- section of Bluff Street and West Fifth Street, thence northerly along the westerly ]Ina of Bluff Street to the southwest corner at Bluff Street and Eighth Avenue, thence westerly along the south side o[ Eighth Avenue to the southwest corner of Eighth Avenue and Hlll Street, thence south- weaterly along the eoutheaaterly line of Hill Street to the southeast corner of Hnl Street and Weat Fifth Street, thence easterly along the north line of Weat Fifth Street to the point of beginning, 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 441ncluaive all in Correll's Sub-division in the City of Dubuque, taws, accord- ing to the recorded plat thereof, is hereby changed from its present "Two-Family Residence District" clas- elftcation to "Multiple Family Resi- dence District" classfftcation, Section 2. This Ordinance shall be in full force and effect from and after Its ftnal passage, adoption and pub- Ilcatlon as by law provided. Introduced the 24th day of Octo- ber, 1951. Rule requiring reading on three separate days suspended by unanimous vote the 24th day of October, 1961. Passed, adopted and approved this 3rd day of December, 1951. ROMOLO N, RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: Councilmen. J. J. Shea, City Cler)1. Published officially in The Tele- graph-Herald newspaper this 10th day of Derember, 1951. J. J. SHEA, 1tDec10 City Clerk. Councilman Welu moved the adoption of the ordinance.. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to issue bonds for the improvement of Marion Street with curb and gutter from the west property line of Fremont Avenue to the end of Marion Street, amount of special assessment $7,910.41, presented and read. Councilman Kolb moved that the proofs of publication be re- ceived and filed. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. CITY OF DUBUQUE, IOWA RESOLUTION N0. 413-51 Resolved by the City Council of the City of Dubuque, Iowa; That to pay for the improving of Marion Street with curb and gutter from the west ra„rerty line of Fremont Avenue to the end of Marion Street, Thos. Flynn Coal Co., con- tractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of .real estate, as follows: Marie Newburg, Lot 1 of Lot 1 of Lot 3 Babcocks Add. 1,451.40 Marie Newburg, Lot 2 of Lot 1 0# Lot 3 Babcocks Add. 267.12 Eugene & Robert F. Lcet- scher, Lot 1 of Lot 1 of Lot 2 of Lot 3 Babcocks Add ..:...................................... 32.40 Frauk L. & Margt. Wagner, Lot 2 of Lot 1 of Lot 2 of Lot 3 Babcocks Add......... 3.23 Frank L. & Margt. Wagner, Lot 2 of Lot 2 of Lot 3 Babcocks Add ..................... 23.75 Joseph & Meta Luedtke, Lot 1 of Lot 1 of Lot 1 of Lot i of Lot 1 of Lot 2 Babcocks Add ..................... 513.48 Regular Session, December 3, 1951 687 Dubuque Homes, Inc. Lot 2 of Lot i of Lot i of Lot 2 N. ~ Babcocks Add....... 130.62 Robert L, & E. V. Lundin, Lot 2 of Lot 1 of Lot 1 of Lot 2 S. ~ Babcocks Add. 24.63 Joseph & Meta Luedtke, Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Bab- cocks Add ........................... 225.99 Simon V. & Marie Schroeder, Lot 1 of Lot 2 of Lot 2 of 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Bab- cocks Add ............................. 225.99 Elmer E. & Helen M. Sisler, Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 Babcocks Add ......................................... 295.09 Walter J. & Loretta Jungk, Lot 2 of Lot i of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot i of Lot 2 Babcocks Add ......................................... 276.42 Joseph & Meta Luedtke, Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 Babcocks Add ...................................:..... 87.78 Joseph & Meta Luedtke,-Lot i of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 Babcocks Add ....................................... 207.32 Lewis & Ida Oxley, Lot 1 of Lot 57 Babcocks Add...,. 46.80 A. W. & Elaine Ernst, Lot 2 of Lot 57 Babcocks Add. 123.49 Lewis & Ida Oxley, Lot 1 of Lot 56 Babcocks Add..,.. 33.87 D. W. do Elaine Ernst, Lot 2 of Lot 56 Babcocks Add...., 109.88 D. W. & Elaine Ernst, Lot 55 Babcocks Add ............... 143.74 Dorothy Newburg, Lot 54 Babcocks Add ..................... 143.74 Dorothy Newburg, Lot 53 Babcocks Add ..................... 143.74 Dorothy Newburg, Lot 52 Babcocks Add . .................... 143.74 Jessie M. Wellendorf, Lot 51 Babcocks Add ..................... 143.74 Edith Bock, Lot 50 Bab- cocks Add ........................... 143.74 W, H. Hitzman, Lot 49 Bab- cocks Add ........................... 143.74 John J. & Viola Bowling, Lot 48 Babcocks Add ............... 162.41 Grover L, Maury, Lot 47, Babcocks Add ..................... 162.41 Paul F. & Janice Strueber, Lot 48 W. 40' Babcocks Add ....................................... 114.99 Grover L. Maury, Lot !6 E. 10' Babcocks Add......... 26.75 Mattel Realty & Inv. Co. Lot 45 W. 20' Babcocks Add..... 57.49 Mattel Realty & Inv. Co. Lot 44 Babcocks Add ............... 396.38 Merlin P. &Armella Ifluck, Lot 41 Babcocks Add......... 143.74 Merlin P. &Armella Kluck, Lot 40 Babcocks Add...,..,.. 143.74 Merlin P. &Armella Kluck, Lot 39 Babcocks Add......... 143.74 Merlin P. &Armella Kluck, Lot 38 Babcocks Add......... 143.74 Paul F. ~ Janice Strueber, Lot 45 E. 30' Babcocks Add ......................................... 86.25 Merlin P. &Armella Kluck, Lot 37 Babcocks Add, ........ 143.74 Frank A. Fluckiger, Lot 1 of Lot 5 Simpson Add....,,..... 33.39 Marie Newburg, Lot 2 of Lot 5 Simpson Add ................... 120.20 Joseph W. & Dorothy New- burg, Lot 1 Concord Sub. 226,06 Roy C. & Denise 0. Kauf- man, Lot 8 N. 4k Concord Sub ......................................... 4.42 William & Ruby F. Kauf- man, Lot 8 S. Va Concord Sub ......................................... 2.57 Roy C. & Denise 0. Kauf- man, Lot 8A N.'~i Concord Sub . ...................................... .49 William & Ruby F. Kauf- man, Lot 8A S. ~h Concord Sub. .49 Roy C. & Denise 0. Kauf- man, Lot 7 Concord Sub. 10,14 Roy C. & Denise 0. Kauf- man, Lot 7A Concord Sub, 1.41 Allen F. & Helen R. Vrotsos, Lot 6 Concord Sub ............. 14.92 Allen F. & Helen R. Vrotsos, Lot sA Concord Sub ............. 2.44 Allen F. di Helen R. Vrotsos, Lot 5 Concord Sub ............. 26.39 Roy J. & Florence E. Gan- tenbein, Lot 4 Concord Sub. 86.04 Roy J. & Florence E. Gan- tenbein, Lot 3 Concord Sub. 78.89 Wilfred & E. E. Hohlen, Lot 2 Concord Sub ..................... 284.31 Adele M. Buelow, Lot 21, Concord Sub ....................... 7.05 Adele M. Buelow, Lot 22 Concord Sub . ...................... 10.31 Fern & Dorothy Buelow, Lot 23 Concord Sub, ,,,,,,,,,,,,,,,, 14.14 1rt ~.v.'9-+?~,.4'^T +W'1>W`1L'"1}1Y~"R°'P'~+tl'.' ~,..._ . 688 Regular Session, December 3, 1951 War. E. & Lorraine E. Haas, Lot 24 Concord Sub......... 24.51 Ethel L. Martin, Lot 25 Con- cord Sub ............................... 45.61 Ethel L. Martin, Lot 26 Con• cord Sub ............................... 122.79 7,910.41 2,721.70 Lin. Ft. Combina• tion Curb k Gutter @ 2.50 ........................................6,804.25 232.0 Lin. Ft. Radius Curb & Gutter @$2.50 .............. 580.00 36.50 Sq. Yds. Driveway con• Crete @$6.00 .................... 219.00 3.88 Sq. Yds. Driveway con• Crete Alley @$6.00 ........ 23.28 7,626.53 3% Extra Expense .............. 228.80 5% Int. for 52 days ............ 55.08 7,910.41 All of which ie assessed is pro- portion to the special benefits conferred. City Share: 1,673 Cu. Yds. Dirt Excava• tion $0.50 ............................ $tzi6.50 46 Sq. Ft. Side Walk Re- placement @ $.50 ............ 23.00 150" Boxelder Tree k Stump @ $100.00 ............................ 100,00 16" Elm Tree @$15.00 ...... 15.00 $974.50 Passed, adopted and arr. ~ y ed this 3rd day of December, 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. Proofs of publication, certified to by the publishers, of notice of the 'intention of the City Council to issue improvement bonds in the amount of $7,910.41 to provide for the payment of the assessed cost of improving Marion Street with curb and gutter from the west property line of Fremont Avenue to the end of Marion Street, pre- sented and read. Councilman Kolb moved that the proofs of publication be re• ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 4141 Resolution Providing for the Is- suance of Improvement Bonds for the purpose of providing for the payment of the assessed cost of concrete curb and gutter on Marion Street. Whereas the contract heretofore entered into by the City of Du• buque, Iowa, for the concrete curb & gutter hereinafter described has been completed and the City Man• ager has certified thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $7,910.41 Dollars of the cost thereof shall be assessed against the property sub- ject to assessment therefor; and Whereas public notice, as pro• vided by law, has been published by the City Clerk stating the in• tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur• suant to such notice and all objec• bons made thereto have been con- sidered and determined; Now Therefore Be It Resolved by the City Council of the City of Dubuque: 1. That to provide for the pay went of the assessed cost of im• proving Marion Street from the west property line of Fremont Avenue to the end of Marion Street there shall be issued improvement bonds in the amount of $7,910.41 Dollars in anticipation of the de- ferred payment of asessments levied for such improvement. 2. Such bonds shall be called improvement bonds; and shall bear the date of January 2, 1952; and shall be numbered consecu- tively; and they shall be numbered, divided into series, and be in such denominations and for such ma• Regular Session, December 3, 1951 689 turity dates as are shown in the following table: 1. 4903-$500.00, Apnl 1, 1953 2. 4904-$500.00, April i, 1954 3. 4905-$500.00, April i, 1955 4. 4906500.00, April 1, 1956 5. 4907-$500.00, April 1, 1957 6. 4908 and 4909 - $500.00 each, April 1, 1958 7. 4910 and 4911 - $500.00 each, April 1, 1959 8. 4912 and 4913 - $500.00 each, April 1, 1960 9. 4914 and 4915 - $500.00 each, April 1, 1961 10. 4916 and 4917 - $500.00 each, April 1, 1962 10. 4918-$410.41, April 1, 1962 3. Said bonds shall bear in• terest at the rate of 5 per cent per annum, payable semi-annually in accordance with coupons thereto attached; 4. Said bonds shall not make the City of Dubuque liable in any way, except for the applicaton 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• stantally the following form: No ....................................................... Series No ......................................... CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, on the first day of ............... or at any time before that date, at the option of the City of Du- buque, the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, pay able semi-annually, on the pre• sentation and surrender of the in• terest 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 issued by the City of Du- buque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 3rd day of December, 1951, being Resolution No .......................... This Bond is one of a series of 16 bonds, 15 far $500.00 numbered from 4903 to 4917 inclusive, and one for $410.41 numbered 4918 all of like tenor and date, and issued for the purpose of improving Marion Street from the west prop- erty line of Fremont Avenue to the end of Marion Street as described in said Resolution, in said City, which cost is payable by the abut- ting and adjacent property 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. 1026 created by the collection 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, pre- cedent to and in issuing this series of bonds, have been done, hap• pened, and performed in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay went hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby ir- revocably 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 2nd day of January, 1952. Mayor City Clerk (SEAL) (FORM OF COUPON) On the ................ day of .........,...., the City of Dubuque, Iowa, prom- ises to pay to bearer, as r.,,~;ded 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 instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and be is hereby in- sat +*~~- rte=r.-,. ...~rer~~v. :+k.~~+~"~ ~, ~1< 690 Regular Session, December 3, 1951 atructed to register said bonds 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. 1026 attd 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, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as num- bered. Adopted this 3rd day of Decem- ber, 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. State of Iowa 1 ~. County of Dubuque J T, Richard H. Le May, do hereby certify that on the 15th day of November, 1951, I posted copies of the notice of levy of special assess- ment and intention of the City Council to issue bonds along the line of improvement to provide for the cost of improving Marion Street with curb and gutter from the west property line of Fremont Avenue to the end of Marion Street. Signed: Richard H. Le May. Subscribed and sworn to before me, a Notary Public, this 15th day of November, 1951. John J. Shea, Notary Public in and for Dubuque County Iowa. (Seal) Councilman Kolb moved that the statement be received and made a matter of record. Sea onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and inten- tion of the City Council to issue bonds for the improvement of Fair- way Drive with curb and gutter from the west property line of St. Ambrose Street to the east prop- erty line of Bunker Hdl Road, amount of special assessment $3,- 780.42, presented and read. Councilman Welu moved that the proofs of publication be re- ceived and filed. Seconded by Coun- cilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. CITY OF DUBUQUE, IOWA RESOLUTION N0. 415-51 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improving of Fair- way Drive with curb and gutter from the west property line of St. Ambrose Street to the east prop- erty line of Bunker Hill Road, Thos. Flynn Coal Co., contractor, in front of and adjoining the same, a specal 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: Ronald E. Loney, Lot 75 S. 84' of N. ~ Finley's Add. 140.53 blettel Realty & Inv. Co., Lot 75 S. ~h Finley's Add. 41.35 Ronald E. Loney, Lot 76 E. 33' of S. 84' of N. VZ Fin- ley's Add ............................. 70.26 Bert M. & Helen Graf, Lot 76 W. 33' of S. 84' of N. ~ Finley's Add ................. 70.27 Mettel Realty & Inv. Co, Lot 76 S.'fi Finley's Add......... 41.35 Bert M. rk Helen Graf, Lot 77 S. 84' of N. ~a Finley's Add ....................................... 140.53 Mettel Realty & Inv. Co., Lot 77 S. '~ Finley's Add......... 41.35 Regular Session, December 3, 1951 691 Homer V. & Verne Warren Butt, Lot 78 S. 183' Finley's Add ....................................... 181.88 Geo. S. & Herlinda Bierie, Lot 79 S. 183' Finley's Add. 188.]0 Geo. S. & Herlinda Bierie, Lot 80 S. 183' Finley's Add. 151.88 Joseph C. & Gerene N. Poire, Lot 81 S. 183' Finley's Add. 181.88 Joseph C. & Gerene N. Poire, Lot 82 Lot 1 of S. 183' Finley's Add ....................... 138.50 Robert D. & Mary Rita Zehentner, Lot 82 Lot 2 of S. 183' Finley's Add......,.. 49.60 Robert D. & Mary Rita Zehentner, Lot 83 S. 183' Finley's Add ....................... 281.78 City of Dubuque, Lot 2 of Lot 1 of M. L. 265 .......,....2,026.97 City of Dubuque, Part of M. L. 189 .............................. 24.19 3,780.42 1,298.5 Lin. Ft. Combination Curb & Gutter @ $2.75..,.$3,570.88 22.5 Lin. Ft. Radus Curb & Gutter @ $2.75 .................. 61.88 2 Sq. Yds. Driveway Con- crete @ $6.00 ...................... 12.00 $3,644.76 3% Extra Expense .............. 109.34 5% Interest for 52 days .,...... 26.32 3,7811.42 All of which is assesed in proporton to the special benefits conferred. City's Share: 484 Cu. Yds. Dirt Excavaton @ $1.00 ................................ 484.00 57 Cu. Yds. Solid Rock @ $6.00 .................................... 342.00 $826.00 Passed, adopted and approved this 3rd day of December, 1951. ROMOLO N. RUS50, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu 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. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvemnt bonds in the amount of $3,780.42 to provide for the payment of the assessed cost of improving Fairway Drive with curb and gutter from the west property line of St. Ambrose Street to the east property line of Bunker Hill Road, presented and read. Councilmn Kolb moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Rolb, Schueller, Welu. Nays-None. RESOLUTION N0.416•~1 Resolution Providing for the Is- suance of Improvement bonds for the purpose of providing for the payment of the assessed cost of Concrete Curb & Gutter on Fair- way Drive. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the Concrete Curb & Gutter hereinafter described has been completed and the City Man• gear has certified -the completion thereof to the City Councll and the City Council has ascertained the cost thereof and has determined that $3,780.42 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections 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 went of the assessed cost of im• proving Fairaray Drive from the west property line of St. Ambrose Street to the East property line of Bunker Hill Road there shall be issued improvement bonds in tbe amount of $8,780.42 Dollars th Ti ii 692 Regular Session, December 3, 1951 anticipation of the deferred pay- ment of assessments levied for such improvement. 2. Such bonds shall be called Improvement bonds; and shall bear the date of January 2, 1952; and shall be numbered consecutively; and they shall be numbered, di- vided into series, and be io such denominations and for such ma- turity dates as are shown in the following table: 1. 4879-$300.00, April 1, 1953 2. 4881F-X300.00, April 1, 1954 3. 4881300.00, April 1, 1955 4. 4882--$300.00, April 1, 1958 5. 48&3--;;300.00, April 1, 1957 6. 9884300.00, April 1, 1956 7. 4885-$300.00, April 1, 1959 8. 4886$300.00, April 1, 1960 9. 4887 and 4886 - $300.00 each, April 1, 1961 10. 4889 and 4890 - $300.00 each, April 1, 1962 10. 4891180.42, April 1, 1962 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable Semi-annually in ac- cordance with coupons thereto at- tached; 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 is sub- stantially the following form: No ....................................................... Series No ......................................... CITY OF DUBUQUE The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, on the first day of ................ or at any time before that date, at the option of the City of Du• buque, the sum of Three hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semiannually, on the pre- sentation and surrender of the in• terest 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 issued by'the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 3rd day of December, 1951, being Resolution No .................. This Bond is one of a series of 13 bonds, 12 for $300.00 numbered from 4879 to 4890 inclusive, and one for X180.42 numbered 4891, all of like tenor and date, and issued for the purpose of improving Fair- way Drive from the west property line of St. Ambrose Street to the east property line of Bunker Hill Road as described in said Resolu- tion, in said City, which cost is payable by the abutting and ad- jacent property along said im- provements and is made by law a lien on all said property. It is payable only out of the Special Assessment Fund No. 1024 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby cert~ed and recited that • all the acts, conditions and , things xequired to be done, pre- cedent to and is issuing this series of bonds, have been done, hap- pened and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby ir- revocably 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 2nd day of January, 1952. Mayor City Clerk (SEAL) (FORM OF COUPON) On the ................ day of ......,......., the City of Dubuque, Iowa, prom- ises to pay to bearer, as provided 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 Regular Session, December 3, 1951 693 e, That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bond in a book kept for that purpose and to then de- liver 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. 1024 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 fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and • retired in the same order as num- bered. Adopted this 3rd day of Decem- ber, 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 Counc~7man Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. State of Iowa l SS. County of Dubuque 1 I, Richard H. Le May, do hereby certify that on the 15th day of November, 1951, I posted copies of the notice of levy of special as- sessment and intention of the City Council to issue bonds along the line of improvement to provide for the cost of improving Fairway Drive with curb and gutter from the west property line of St. Am- brose Street to the east property line of Bunker Hill Road. Signed: Richard H. Le May Subscribed and sworn to before me, a Notary Public, this 15th day of November, 1951. John J. Shea, Notary Public in and for Dubuque County Iowa. (Seal) Councilman Kolb moved that the statement 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. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and intention of the City Council to issue bonds for the improvement of Groveland Place with curb and gutter from the west property line of Sheridan Street to the east property line of Burden Street, amount of special assessment ;;3,053.28, presented and read. Councilman Kolb moved that the proofs of publication be re- ceived 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 RESOLUTION N0. 417-51 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improving of Gmve- land Place with curb and gutter from the west property line of Sheridan Street to the east prop- erty line of Burden Street, K-M Construction Co., contractors, 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: Anthony H. Kropp, Lot 90 Burden &Lawther Add,.... $35.08 Geo. & Josephine Duschl, Lot 91 Burden &Lawther Add. 108.77 Geo. & Josephine Duschl, Lot 92 Burden &Lawther Add. 279.19 Leslie & Elsie Reynolds, Lot 93 Burden &Lawther Add. 126.22 Leslie & Elsie Reynolds, Lot 94 Burden &Lawther Add. 187.72 Leslie & Elsie Reynolds, Lot 95 Burden &Lawther Add. 36.10 694 - Regular Session, December 3, 1951 Bessie May Walton, Lot 103 Tree Removed ........................ 100.00 Burden dz Lowther Add..... 131.62 Stump Removed .................. 50.00 John L. E~ Leona Meyer, Lot 104 Burden & Lowther Add. 149.27 Chas. G. Finer, Lot 105 Burden & Lowther Add..... 133.48 Leo P. & Mathilda Manahl, Lot 108 Burden & Lowther Add ....................................... 208.06 Leo P. & Mathilda Manahl, Lot 107 Burden & Lowther Add ....................................... 165.78 Raymond T. & Helen Bran- del, Lot 108 Burden & Low- ther Add ............................. 105.78 Francis J. Brandel, Lot 109 Burden & Lowther Add..... 165.78 Harold & Bernice Splinter, Lot 110 Burden ~ Lowther Add ....................................... 165.78 Paul J. & Clotilda 2ammer- man, Lot lll Burden & Lowther Add ....................... 165.78 Mabel Thompson, Lot 112 Burden & Lowther Add..... 185.78 William Oakley, Lot 113 Bur- den & Lowther Add. _....,... 165.78 Frank & Rose Schueller, Lot 114 Burden & Lowther Add. 165.78 Frank & Rose Schueller, Lot 115 Burden & Lowther Add. 165.78 Franklin & Alice Peterson, Lot 116 Burden di Lowther Add ....................................... 165.77 ;;3,053.28 Assessed 1028 Lin. Ft. of Combina- tion Curb & Gutter @ X2.50 ..................................1;2,570.00 88 Lin. Ft. of Radius Curb & Gutter @ 3.00 .............. 264.00 11.70 Sq. Yd. Driveways Concerete @ 5.40 .............. 63.18 6 Sq. Yd. Driveway Section Alley @ 5.40 ...................... 32.40 $2,929.58 3.5% Extra Expense ...,........ 102.54 5% Interest for 52 days..,..... 21.16 $3,053.28 All of Which is Assessed in Pro- portion to the Special Benefits Conferred. City's Share: 417 Cu. Yds. Dirt Excava• tion @ X0.50 ........................ ~L08.50 26.45 Sq. Ft. Sidewalk Re- placement @ .50 ................ 13.23 $371.73 Passed, adopted and approved this 3rd day of December, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P, WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of the intention of the Cty Council to issue improvement bonds in the amount of $3,053.28 to provide for the payment of the assessed cost of improving Groveland Place with curb and gutter from the west property line of Sheridan Street to the east property line of Burden Street, presented and read. Councilman Kolb moved that the proofs 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. 418-51 Resolution Providing for the Is- suance of Improvement Bonds for the purpose of Providing 'for the payment of the assessed cost of Concrete curb & gutter of Grove• land Place. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the concrete curb & gutter hereinafter described has been completed and the City Manager has certified the com- pletion thereof to the City Council and the City Council has ascer- tained the cost thereof and has determined that $3,053.28 Dollars of the cost thereof shall be as- sessed against the property sub- ject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published Regular Session, December 3, 1951 695 by the City Clerk stating the ia• tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held pur- suant to such notice and all ob- jections 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 im- proving Groveland Place from the west property line of Sheridan Street t0 the east property line of Burden Street there shall be issued improvement bonds in the amount of $3,053.28 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called Improvement bonds; and shall bear the date of January 2, 1952; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in ouch dencminatioas and for such ma- turity dates as are shown in the following table: 1. 4892--$300.00, April 1, 1953 2. 4893--$300.00, April 1, 1954 3. 4894-$300.00, April 1, 1955 4. 4895-,$300.00, April 1, 1956 5. 4896-$300.00, April i, 1957 6. 4897-$300.00, April 1, 1958 7. 4898-$300.08, April 1, 1959 8. 4899--$300.00, AprIl 1, 1960 9. 4900--$300.00, April 1, 1961 10. 4901--$300.00, April 1, 1962 10. 4902--~ 53.28, April 1, 1962 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in accordance with coupons thereto attached; 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 Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, on the first day of ................. or at any time before that date, at the option of the City of Du- buque, the sum of Three Hundred dollars with interest thereon at the rate of 5 per cent per annum, pay- able semi•annuaUy, on the pre• sentation and surrender of the in- terest 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 issued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 3rd day of December, 1951, being Resolution No .................. This Bond is one of a series of 11 bonds, 10 for $800.00 numbered from 4892 to 4901 inclusive, and one for $53.28 numbered 4902, all o! like tenor and date, and issued for the purpose of improving Groveland Place from the west property line o! Sheridan Street to the east property line of Burden Street ae described iA said Resolu- tion, in said City, which cost is payable by the abutting and ad- jacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1025 created by the collection of said apeeial tax, end said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required tp be done, Arecedent to and in issuing this series of bonds, have been done, happened, and performed, in reg• ular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the fuA faith and dilligence of said City o! Dubuque are hereby irrevocably 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 w~r,~,».r~;.-,-w~ ..w.~'.~aa,+r.e*w,orr~+.w~e~N:~a^~+}9r,'Mm~i4F~6r4P"~"~~., 696 Regulaz Session, December 3, 1951 City to be thereto affixed, this 2nd day of January, 1952. .......................................................... Mayor .......................................................... City Clerk (SEAL) (FORM OF COUPON) On the .................... day of............, the City of Dubuque, Iowa, prom- ises to pay to bearer, as provided in said bond, the sum of ................ Dollars, is 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 prepared to execute said bonds and that the City Clerk be and he is hereby in- structed 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. 1~5 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, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 3rd day of Decem- ber, 1952. 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. State of Iowa SS. County of Dubuque I, Richard H. Le May, do hereby certify that on the 15th day of November, 1951, I posted copies of the notice of levy of special assessment and intention of the City Council to isue bonds along the line of improvement to pro- vide for the cost of improving Groveland Place with curb and gutter from the west property line of Sheridan Street to the east ;,.~r~.2y line of Burden Street. Signed: Richard H. Le May Subscribed and sworn to, before me, a Notary Public, this 15th day of November, 1951. J. J. Shea, Notary Public in and for Dubuque County Iowa. (Seal) Councilman Schueller moved that the statement be received and made a matter of record. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and inten- tion of the City Council to issue bonds for the improvement of Mc- Lenan Street with curb and gutter from the north property line of Tressa Street to the south prop- erty .line of Mt. Loretta Avenue, amount of special assessment $2,- 699.64, presented and read. Councilman Welu moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Rolb, Schueller, Welu. Nays-None. CITY OF DUBUQUE, IOWA RESOLUTION N0. 419-51 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improving of Mc- Lenan Street with curb and gutter from the north property line of Tressa Street to the south prop- erty line of Mt. Loretta Avenue, Regular Session, December 3, 1951 697 Thos. Flynn Coal Co., 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: Charles & Lorraine Wagner, Lot 2 of Lot 1 sub of Min- eral Lot 39 .......................... 12.48 Charles & Lorraine Wagner, Lot 1 of Lot 2 sub of Min- eral Lot 39 .......................... ]2.69 Louis P. & Catherine Hoff- man, Lot 2 of 2 sub of Mineral Lot 39 .................. 16.67 Louis P. & Catherine Hoff- man, Lot 3 sub of Mineral. Lot 39 .................................... 65.00 Thomas J. & Rose Dorsey, Lot 4 sub of Mineral Lot ' 39 ............................................ 147.98 IIelen M. Brockman, Lot 5 sub of Mineral Lot 39..,..... 439.23 Mettel Realty & Inv. Co., Lot 6 sub of Mineral Lot 39 ............................................ 420.16 John & Mary Thoes, Lot 7 sub of Mineral Lot 39........ 147.98 Clyde & Charlotte Holland, Lot 8 sub of Mineral Lot 39 ............................................ 65.00 Francis & Celia Shaffer, Lot 9 sub of Mineral Lot 39...... 29.35 Basil & Clara Bahme, Lot 10 sub of Mineral Lot 39.... 29.35 Basil & Clara Bahme, Lot 11 sub of Mineral Lot 39.... 65,00 Basil & Clara Bahme, Lot i2 sub of Mineral Lot 39.... 147.98 John P. & Cecelia E. Kass, Lot 3 sub of Mineral Lot 39 ............................................ 420.16 Oscar Burgmeier, Lot 14 sub of Mineral Lot 39 ................ 420.16 Robert J. & Maxine F. D. Shireman, Lot 15 sub of Mineral Lot 39 .................... 147.98 Louis P. Hoffman, Lot 16 sub of Mineral Lot 39 ........ 65.00 Charles & Lorraine Wagner, Lot 17 Lot 2 of sub of Min- eral Lot 39 ............................ 28.50 Basil & Clara Bahme, Lot 26 sub of Mineral Lot 39..,.,, 8.13 Francis R. & Celia Schaffer, Lot 27 sub of Mineral Lot 39 ............................................ 6.06 Francis R. & Celia Schaffer, Lot 28 sub of Mineral Lot 39 ............................................ 4.78 $2699.64 618.0 Lin. Ft. Combination Curb & Gutter @$2.50. $1.545.00 191.0 Lin. Ft. Radius Curb di Gutter @$2.50 .................... 352.50 3.0 Sq. Yds. Driveway Con- crete @ $6.00 ...................... 18.00 2 Each Reinforced Concrete Catch Basin @$250.00,....... 500.00 33.0 Lin. Ft, of 12" Rein- forced Concrete pipe @ $4.00 ...................................... 132.00 $2547.50 5.25% Extra Expense .......... 133.74 5% Int. For 52 days .............. 18.40 $2699.64 All of which is assessed in pro- portion to the special benefits conferred. City's Share: 625 Cu. Yds. Dirt Excava- tion @ $0.75 ........................$468.75 64.8 Sq. Ft. Sidewalk Re- placement @$0.50 .............. 32.40 1 14" Elm Tree Removal @ $50.00 ................................ 50.00 $551.15 Passed, adopted and approved this 3rd day of December, 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. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds in the amount of $2,699.64 to provide for the payment of the assessed cost of improving McLenan Street from the north property .line of Tressa Street to the south property line of Mt. Loretta Avenue, presented and read. Ytl`~*' x,r1-x^r5`+r,~^rk^~r N-t,a'awm. r~rrr~r~att 698 Regular Session, December 3, 1951 Councilman Kolb moved that the proofs of publication be re- ~eived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas--Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 420-51 Resolutton Providing for the Is- suance of Improvement Bonds for the purpose of providing for the payment of the assessed cost of concrete curb do gutter on McLenan Street. Whereas the contract heretofore entered into by the City of Du- buque, Towa, for the concrete curb & gutter hereinafter described has been completed aad the City Man- ager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereo! and has determined that $2,699.64 Dollars of the cost thereof shall be assessed against the property subject fu assess- ment therefor; and Whereas public notice, as pre vidtd by law, has been published by the Clty Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur• suant to such notice and all ob- jections made thereto have been considered and determined; Flow Therefore Be It Resolved by the City Council of the City of Dubuque: 1. That to provide for the pay ment of the assesed cast of im- proving McLenan Street from the north property line of Tressa Street to the south property line of Mt. Loretta Aveaue there shall be issued imprnvement bonds in the amount of $2,8.64 Dollars in an- ticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called Improvement bonds; and shall bear the date of January 2, 1052; and shall be numbered consecutively; and they shall be numbered, di- vided into series, and be in such denominations and for such ma- turity dates as are shown in the followiag table: 1. 4919200.00, April 1, 1853 2. 4920--f 200.00, April 1, 1954 3. 4921-X100.00, April 1, 1955 4. 49?? !^.00.00, Aprll 1, 1956 5. 4923-$200.00, April 1, 1957 6. 4824-$200.00, April 1, 1958 7. 4925-X200.00, April 1, 1859 8. 4926 and 4927 -$200.00 each, April 1, 1960 9. 4928 and 4929 - $'100.00 each, April 1, 1961 10. 4930 and 4931 - $200.00 each, April 1, 1962 10. 4932-$ 99.64, April 1, 1962 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in accordance with coupons thereto attached; 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 Improvement Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of ............... or at any time before that date, at the option of the City of Dubuque, the sum of Two Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest cou- pons hereto attached. Both prin- cipal 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 issued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, amended, and the Resolution of said City- duly passed on the 3rd day of December, 1951, being Resolution No .......................... This Bond is one of a series of 14 bonds, 13 for $200.00 numbered from 4919 to 4931 inclusive, and one for X9.64 numbered 4932, all of like tenor and date, and issued for the pu.r•~wa of improving. Mc- Lenan Street from the north prop- erty line of Tressa Street to the Regular Session, December 3, 1951 699 south property line of Mt. Loretta Avenue as described in said Reso- lution, in said City, which cost is payable by the abutting and ad- jacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1027 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Testimony Whereof the Gity 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 2nd day of January, 1952. Mayor City Clerk (SEAL) (FORM OF COUPON) On the ............ day of ................... the City of Dubuque, Iowa, prom- ises to pay to bearer, as provided 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 prepared 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. 1027 and paid out by him to pay the cost of said contract. 8. That the thterest coupons at• tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the Gity Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and numbered. Adopted this 3rd day of Decem- ber, 1952. 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, golb, Schueller, Welu. Nays-None. State of Iowa SS. County of Dubuque I, Richard H. Le May, do hereby certify that on the 15th day of November, 1951, I posted copies of the notice of levy of special assessment and intention of the City Council to issue bonds along the line of improvement to pro- vide for the cost of improving Mc- Lenan Street with curb and gutter from the north r•~rert9 line of Tressa Street to the south prop- erty line of Mt. Loretta Avenue. Signed: Richard H. Le May. Subscribed and sworn to before me, a Notary Public, this 15th day of November, 1951. John J. Shea, Notary Public in and for Dubuque, County, Iowa. (Seal) Councilman Kolb moved that the statement be received and made a matter of record. Seconded by Councilman Schueller. Carried by .p..,~a,•T wal ru.y,.R'A°7 +a o-;}~g q,°k Xa-N'-'~ "4~~~,. 'W'~'FAy ,. ip~.~ 700 Regular Session, December 3, 1951 the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and intention ', of the City Council to issue bonds for the construction of a six (6) inch vitrified file sanitary sewer in Paul Street from Lowell Street to a point 150 feet south, amount of special assessment 1,599.40, pre- sented and read. Councilman Kolb moved that ~, the proofs of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: ~I Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION N0. 421-51 '~, Resolved by the City Council of the City of Dubuque, Iowa: that to pay for the construction of a six (6) inch sanitary sewer in Paul Street from Lowell Street to a point 150 feet south, Thos. Flynn Coal Co., 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 herein- after named, situated and owned, and for the several amounts .set opposite each lot or parcel of real estate, as follows: Allison A. & Etta M. Cham- hers, Lot 2 'sub of 108 Cox's Addition ................ $1599.40 128.50 ]in. ft. of six (6) inch vitrified file sewer pipe @ ', $]2.00 ................................ $1542.00 3% Extra Expense ............ 48.28 5% Int. for 52 days .............. 11.14 $1599.40 All of which is assessed in pro- protion to the special benefits conferred. City Share 21.50 lin. ft. of six (6) inch vitrified file sewer pipe @ $12.00 ............................ $258.00 1 precast concrete manhole complete @ $200 .............. 200.00 $458.00 Passed, adopted and approved this 3rd day of December, 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. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue sewer bonds in the amount of $1,599.40 to provide for the as- sessed cost of the construction of a six (6) inch vitrified file sani- tary sewer in Paul Street from Lowell Street to a point 150 feet south, presented and read. Councilman Welu moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 4221 Resolution Providing for the Is- suance of Sewei Bonds for the purpose of providing for the pay- ment of the assessed cost of con- structing asix (6) inch vitrified file sanitary sewer in Paul Street. Whereas the contract heretofore entered into by the City of. Du- buque, Iowa, for the sewer here- inafter described has been com- pleted 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 $1,599.40 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- Regular Session, December 3, 1951 701 suant to such notice and all ob• jections 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 con- structing asix (6) inch vitrified file sanitary sewer in Paul Street from Lowell Street to a point 150 feet south there shall be issued Sewer bands in the amount of $1,599.40 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called Sewer bonds; and shall bear the date of January 2, 1952; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denom- inations and for such maturity dates as are shown io the follow- ing table: 1, 4933-$100.00, April 1, 1953 2. 4934100.00, April 1, 1954 3, 4935100.00, April 1, 1955 4. 4936100.00, April 1, 1958 5. 4937,$100.00, April 1, 1957 6. 4938 and 4939 - $100.00 each. April 1, 1958 7. 4940 and 4941 - $100.00 each, April i, 1959 8. 4942 and 4943 - $100.00 each, April 1, 1960 9. 4944 and 4945 - $100.00 each, April 1, 1981 10. 4948 and 4947 - $100.00 each, AprIl 1, 1962 10. 4948 99.40 April 1, 1962 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semiannually in accordance with coupons attached; 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 substant- ially the following form: No . ................................................... Series No ......................................... CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of ................. or at any time before that date, at the option of the City of Du- buque, the sum of One Hundred dollars with interest thereon at the rate of 5 per cent per annum, pay- able semi-annually, on the pre- sentation. and surrender of the in- terest 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 issued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended and the Resolu• tion of said City duly passed on the 3rd day of December, 1951, being Resolution No .................. This Bond is one of a series of SG bonds, 15 for $100.00 numbered from 4933 to 4947 inclusive, and one for $99,40 numbered 4948, all of like tenor and date, and issued for the purpose of constructing a six (6) inch vitrified file sanitary sewer in Paul Street from Lowell Street to a point 150 feet south 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 lVo. 1028 created by the collection 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, pre• cedent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby ir- revocably 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 2nd day of January, 1952. Mayor City Clerk (SEAL) 702 Regulaz Session, December 3, 1951 (FORM OF COUPON) On the ............ day of ................... the City of Dubuque, Iowa prom- ises to pay to bearer, as provided 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 instructed to cause said bonds to be pre- pared and when so r.crered 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. 1028 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, beginning with the second year after the payment of interest due, these bonds shall be called and retired is the same order as numbered. Adopted this 3rd day of Decem- ber, 1952 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. State of Iowa 1 SS. County of Dubuque J I, Richard H. Le May, do hereby certify that on the 15th day of November, 1951 I posted copies of the notice of levy of special asses- ment and intention of the City Council to issue bonds along the line of improvement to provide for the cost of constructing a six (6) inch sanitary sewer in Paul Street from Lowell Street to a point 150 feet south. Signed: Richard H. Le May. Subscribed and sworn to before me, a Notary Public, this 15th day of November, 1951. John J. Shea, Notary Public in and for Dubuque, County, Iowa. (Seal) Councilman Kolb moved that the statement 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. November 26, 1951 City of Dubuque Dubuque. Iowa. Re: John and Anna Luber C-684800--Subdivision Bond Resolution No. 323-50-Improve- ment of Springgreen Subdi- vision, Resolution date 10-19.50 Favor of City of Dubuque, Iowa Contract Price $4,250.00 Gentlemen: The Massachusetts Bonding and Insurance Company, as Surety, executed effective November 9,1950 on behalf of John and Anna Luber, the above captioned bond, total penalty being $4,250.00, in favor of the City of Dubuque, Iowa. We have now been informed that the City of Dubuque, Iowa, has granted John and Anna Luber a twelve-month extension of the com• pletion date of work covered by the above subject, of course, to approval and acceptance by the bonding company. This letter will serve as the consent of the Massachusetts Bond- ing and Insurance Company to a twelve-month extension of the com- pletion date of work covered by the above bond, effective Novem- Regular Session, December 3, 1951 703 ber 1, 1951, to expire November 1, 1952. Yours Very Truly, Massachusetts Bonding & Insurance Company, By: S, A. Hoyt, Vice President. Councilman Welu moved that the communication be received and made a matter of record. Sec- onded by Councilman Kolb. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of C. J. Buelow asking that the area on Locust Street, commencing at 12th Street and going north, be an unrestricted or an all day parking area, presented and read. Councilman Austin moved that the petition be referred to the City llfanager and the Traffic Depart- ment. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Arthur Duggan and others requesting that a street light be placed at the corner of Bonson and Hill Streets, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector for recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mrs. W. S. Ashby and others requesting a street light at the corner of Burlington and National Streets, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector for recommendation and report. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mary Burns Reckord and others, property owners on Glen Oak Street between Loras Boulevard and a line 100 feet north of University Avenue, requesting the rezoning of this area from a single family district to a two family district, presented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Commission for recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the Dubuque Safety Council asking the City Council to have all curbs painted yellow, twenty feet from each corner iA the business district and io the out lying territory, where hazards exist, and prohibit parking at these places as a safety precaution to protect pedestrians and motor vehicles alike, presented and read. Councilman Schueller moved that the petition be referred to the City Manager. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, CouncBmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Herbert T. Walker requesting a refund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 68, as he has discontinued business on September 25, 1951, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $75.00 in favor of Herbert T. Walker to cover the amount of refund grant- ed on the unexpired portion of his Cigarette Permit No. 68. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Herbert T. Walker requesting a refund in the amount of $150.00 on the unexpired por tion of his Class "B" Beer Permit No. 88, as he has discontinued business on September 25, 1951, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $150.00 in favor of Herbert T. Walker to 704 Regular Session, December 3, 1951 cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 88. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mrs, Arnold Schnei- der requesting a refund in the amount of #50.00 on the unexpired portion of her Cigarette Permit No. 113, as she has discontinued busi- ness on November 6, 1951, pre- sented and read. Councilman Rolb moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of X50.00 in favor of Mra. Arnold Schneider to cover the amount of refund granted on the pnexpired portion of her Cigarette Permit No. 113. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Clarence J. Pfeiffer requesting a refund in the amount of ;50.00 on the unexpired portion of his Cigarette Permit No. 194, as he has discontinued business on November 8, 1951, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a war• rant in the amount of j.50.00 in favor of Clarence J. Pfeiffer to cover the amount of refund granted on the uuexpired portion of his Cigarette Permit No. 194. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Harold L. Moldt, Jr. and others, requesting the rezoning of Lots 13, 14, 15 and 16, a part of Schaffner's Subdivision on Va- lerie Street from its present resi- dence district classification to Local Business District Classifica- tion, presented and read. Councilman Kolb moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Koib, Schueller, Welu. Nays-None. ORDINANCE N0. 58-51 An Ordinance granting to A. H. Bolts and the C. Strub Construc- tion Co., their successors and as- signs the right to construct a san- itary sewer m U. S. Highway No. 5`G and 161, and prescribing the conditions of this grant and regulat- ing the connections with said sanitary sewer, said ordinance having been passed upon first reading on November 7th, 1951 and ordered placed on file with the City Clerk for public inspection for at least one week, was presented for final adoption. ORDINANCE NO. 58.51 An Ordinance granting tc A. H. Bolts and the C. Strub Construction Co., their successors and assigns the right to construct a sanitary sewer In U.S. Highway No. 62 and 161, and prescribing the conditions of this grant and regulating the con- nections with said sanitary sewer. Be It Ordained by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That A, H. Bolts and C. Strub Construction Co., their suc- cessors and assigns be and they are hereby granted the right to construct a four (4) Inch teat iron sanitary sewer farce main in U.S. Highway No. 62 and 161 within the City Llmfts o[ the City of Dubuque, commencing at a paint on the east property line of, and 32 feet southerly from the northeast corner of Lot 1 oP 1 of 1 of 1 of 1 of 1 of 1 oil of 1 of lop 2 of Mineral Lot 12, thence easterly 90 feet to a point 25 feet west of the center line of said highway, thence parallel to said center line and 25 feet west of the same in a northerly direction Por a distance of 435 feet, thence northeasterly for a distance of 33 feet to the existing sanitary sewer manhole in said highway. Section 2. That the total coat of constructing said sewer ehatl be paid by said grantee and built under the supervision of, and in accordance with plane and speclficatione approved by the City Manager and City Engineer. Section 3. That before commencing any excavation In the street pre- paratory to the laying of the sewer, said grantee or the contractor to whom the work shall be awarded shall cause to be tiled with the City of Dubuque a public liability and prop- erty damage insurance policy, with a company and in form to be ap- proved by said City, in which the City of Dubuque, Iowa, to named as an additions] insured and by the terms of which po][cy the City of Dubuque, Iowa, shall be insured against lia- bility in the amount of Ten Thousand Dollars ($10,000) for any and all damages which may be sustained by reason of or in connection with the construction of said improvement and Bald policy shall remain in force and effect until all ditches have been refilled, obstructions removed, and the surface of the highway and drive- Regular Session, December 3, 1951 705 ways replaced to as good condition as before disturbed. Section 4. Asa further condition of this grant, it is understood that after said sewer is completed the City of Dubuque shall have the right to make extensions thereto into other streets ar districts without being required to pay any part of the cost of the origins] construction of the sewer herein authorized. Section 5. Upon completion of the aforesaid project pursuant to the di- rection and supervision of the Clty Manager and City Engineer, and ac- ceptance by the City Council of the City of Dubuque, a]I maintenance and repairs of this sewer shall be paid by the City of Dubuque. Sectlon 6. That after said sewer has been constructed it shall not be removed or its tree use Interfered with by the grantee herein, its suc- cessors or assigns. Section 7. That the rights and privileges granted hereunder shall not be constituted as any authority to break up or disturb the pavement surface of said highway and such grant is subject to all applicable rules of the State Highway Department of the State of Iowa. Section 8. This Ordinance shall be in force and effect Prom and alter its final passage, adoption and pub- lication as provided by law. Passed upon first reading this 7th day of November, 1951. Rules requiring reading of an Or- dinance on three separate days sus- pended the 7th day of November, 1951. Passed,. adopted and approved upon final reading this 3rd day of Decem- ber, 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 10th day of December, 1951. J. J, RHEA, It Dec. 10 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. ORDINANCE N0. 59-51 An Ordinance providing for the cutting or destroying of all weeds, vines, brush or other growth which constitute a health, safety or fire hazard; repealing Ordinance No. 25-39; and providing a penalty for a violation hereof, said ordin- ance having been passed upon first reading on November 13th, 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 NO. 59•bi An Ordinance providing for the cut- ting or destroying of all weeds, vines, brush or other growth which constitute a health, safety ar fire hazard; repealing Ordinance No. 25- 39; and providing a penalty for a vlolatlon hereof. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section i. It shall be the duty of the owner of any lot or parcel of land within the limits of the City of Dubuque to maintain the same tree and clear of any dense growth of weeds, vines, brush or other vegeta- tion that may constitute a health, safety or fire hazard and any such growth is hereby declared a public nuisance. Section 2. Whenever the Clty Man- ager shall determine that the nature or quantity oP weeds, vines, brush or oth- er growth on any lot or parcel of land in the City of Dubuque Is such as to constitute a health, safety or fire hazard, he shall mail a written notice to the owner of said lot or parcel of land, or hia agent or attorney, notifying the owner of said property to cut or destroy such weeds, vines or other growth and thereafter it shall be the duty of such owner to cut or destroy such weeds, vines or other growth within a reasonable time and in such a manner as to remove such hazard. Section 3. In the event the owner of such lot or parcel of land shall fail to remove such hazard within ten (10) days after the mailing of such notice, It shall be the duty of the City Manager to cause said weeds, vines or other growth to be cut and destroyed and to certify the actual cost thereof to the City Clerk who, in turn, shall certify such cost to the County Auditor and it shall then con- stitute a lien against said property and be collected with and in the same manner as general property taxes on said property, all In ac- cordance with the provisions of ChaD- ter 151 of the Laws of the 64th Gen- era] Assembly of Iowa. Section 4. Ordinance No. 26-35 entitled "An Ordinance prohibiting weeds and noxious growths upon lots znd parcels of land in the City of Dubuque, providing for the destruc- tion of the same and punishing the vlolatlon thereof' to hereby repealed. Section 6. Any person, ftrm or cor• poration who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be ftned not ro exceed One Hundred Dollars ($100). Section 6. This Ordinance shall be in full force and effect Prom and after its final passage, adoption and pub- lication as by law provided. Introduced the 13th day of Novem- ber, 195E Rule requiring reading an three separate days suspended by unanimous vote the 13th day of November, 1951. Passed, adopted and approved this 3rd day of December, 1961. ROMOLO N. RUSSO, Ma or. CLARENCE P. wELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: Councilmen. J. J. Shea, City Clerk. Published offcially in 'The Tele- graph-Herald newspaper this 1Dth day of llecember, 1951. J. J. SHEA, ltpecl0 City Clerk. 706 Regular Session, December 3, 1951 Councilman Kolb moved the adoption of the ordinance. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 60-51 An Ordinance amending Ordin- ance No, 33-49 by adding a new Section to Schedule VI thereof, presented and read. Councilman 1Velu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas--Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 80.51 An Ordinance amending Ordinance ', No. 33-49 by adding a new Section to Schedule VI thereof. Be tt Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Ordinance No. 33.9, known as the "Traffic Code," be amended by adding a new section to Schedule VI thereof as follows: "SCHEDULE VI ii i, The North side of Broadway i irbm Diagonal Street to Gay Street." Section E. This Ordinance shall be in full force and effect from and after Its final passage, adoption and pubtlcatlon as by law provided. Introduced the 3rd day of Decem- her, 1951. Rule re4uii'1ng reading on three separate days suspended by unani- mou~ vote the 3rd day of December, 1951. Passed, adopted and approved this 3rd day of December, 1951. ROMOLO N. RUSSO Mayor CLARENCE P, WELU RAY F. KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. Shea, City Cterk. Published officially in The Tele- ', graph-Herald newspaper this 10th day of December, 1951. J. J. 9HEA, It Dec. IO City Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the follpwing vote: Yeas-Mayor Russo, Counahnen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 61-.51 An Ordinance amending Ordi- nance No. 47 as amended by repeal- ing Sections 9 and 10 thereof and enacting substitutes therefor, pre• sented 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 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 just read being an ordinance making a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before its #inal adoption. Seconded by Councilman Kolb. Carried by the 'following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 62-S1 An Ordinance granting to Henry A. Reelfs and Peter B. Kretz, their heirs or assigns, the right to con- struct asanitary sewer in Daven- port Street and prescribing the conditions of this grant and regu- lating the connection with said sanitary sewer, 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 separate days. Seconded by Coun• Gilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Regular Session, December 3, 1951 707 Councilman Welu moved that the ordinance just read, being an ordinance granting the right to use or occupy a street be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before its final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmon Austin, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. b3--51 An Ordinance vacating the Alley lying first north of West 32nd Street from the east line of Fink Street to the easterly terminus, presented and read. Councilman Welu moved that the reading just had be consid• ered the first reading of the ordi- nance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu Inoved that the ordinance just head being an ordinance 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. 425,51 Resolution setting time and place of hearing on Proposal to dispose of real estate Whereas Ordinance No. 63-,51 has been introduced in the City Council providing for the vacation of the alley lying first north of West 32nd Street from the east line of Fink Street to its easterly terminus; and Whereas before such Ordinance may be adopted a public hearing must be held thereon; Now Therefore Be It Resolved by the City Council of the City of Dubuque: Section 1. That a public hearing be held on said proposed Ordin- ance on the 7th day of January, 1952 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 in- terested parties 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 consecu- tive weeks in the manner pro- vided by law. Adopted this 3rd day of Decem- ber, 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 Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0, 641 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3~4 so as to change the below described area from its present classification to two family district classification, presented and read. RESOLUTION N0.424-51 Resolution Setting Time and Place of Hearing on Amendment to Zoning Ordinance Whereas Ordinance No. 64--51 providing for an Amendment to Ordinance No. 3-34, known as the Zoning Ordinance, has been in- troduced into the City CouncIl; and Whereas before any Amendment to said Zoning Ordinance may be adopted a public hearing must be had thereon; ~wa~ rz .n nr.far.~~,rvc~r9+.r•r~t&~'~~R+"v~u ~'21t~"t'di~M+'~~~fiM1t .., 708 Regular Session, December 3, 1951 Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That a public hearing be had on said proposed Ordin- ance No. 64-,51 on the 7th day of January, 1952 at 7:30 o'clock P.M. in the City Council Chamber in the City Hall in the City of Du- buque, Iowa, at which time and place all interested parties and citizens may be heard; Section 2. That the City Clerk is hereby directed to publish notice of said meeting once in the manner provided by law at least fifteen (15) days prior to the date set for said meeting. Adopted this 3rd day of Decem- ber, 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. ORDINANCE N0. 65-51 An Ordinance vacating the alley south of Lots 45, 46 and 47 in Uni- versity Place and the unnamed street ramming southerly from West Locust Street along the westerly side of Lots 18 and 54 in University Place and authorizing the convey- ance thereof. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Comm- cilman Kolb. Carried by the fol• lowing vote: Yeas-Mayor Russo, Councilmen Austin, Rolb, Schueller, Welu. Nays-None. Councilman Welu moved that the ordinance just read being an ordinance authorizing a contract be now considered complete in form for final passage and further move that the same be plated on ffle with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, .Schueller, Welu. Nays-None. RESOLUTION N0. 425-51 Resolution Setting Time and Place of Hearing on Proposal to Dispose of Real Estate Whereas Ordinance No. 65-51 has been introduced in the City Council of the City of Dubuque, providing for the vacation of the alley south of Lots 45, 46, and 47 in University Place and the un- named street running southerly from West Locust Street along the westerly side of Lot 18 and Lot 54 in University Place and author- izing the conveyance of said area; and Whereas before such Ordinance may be adopted a public. hearing must be held thereon; Now Therefore Be It Resolved by the City Council of the City of Dubuque: Section 1. That a public hearing be held on said proposed Ordin- ance on the 7th day of January, 1952 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 in- terested parties 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 consecu• five weeks in the manner pro- vided by law. Adopted this 3rd day of Decem- ber, 1951. ROMOLO N. RU55O, 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• Regular Session, December 3, 1951 709 onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Proof of publication, certified to by the publishers, of statement of receipts and also a list of claims from which warrants were drawn during the month of October, 1951, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 29, 1951 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: In accordance with instructions contained in Resolution No. 34851, I am pleased to report the sale of $131,000.00, 3'/z% Sanitation Fund Sewer Bonds. These bonds were sold at private sales to local investors as specified in Section 2 of said Resolution. Respectfully submitted, Edward M. Tschirgi, City Treasurer. Councilman Kolb moved that the communication of City Treas- urer Tschirgi 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. PLANNING & ZONING COMMISSION Dubuque, Iowa November 29, 1951 Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com• mission respectfully recommends to your Honorable Body the denial of petition of Torbert Drug Com- pany dated June 17, 1951, to- gether with amendmetlt of Messrs. Scully and Scherer dated October 31, 1951, asking for rezoning of land on the easterly side of U. S. Highway 151 on the southerly side of Grandview Avenue for the fol- lowing reasons: (1) It would seem that the die has been cast in favor of resi- dential development for this neigh• borhood; and any zoning change to introduce a use such as sug- gested would tend to create con- flicting and unsettling conditions and inequities for existing prop- erties even were the immediate project so constructed in itself, as to be attractive in design and physically pleasing in utility, other projects of similar zoning classifi- cation could readily be of lesser standard and still be eligible for inclusion in such a district. (2) Considerably more than one half of the land adapted to resi- dential development has been so employed and is either occupied or prepared for residential oc- cupancy. (3) If rezoned 'for the use re- quested then trailer camps, tav- erns, and other uses tending to reduce the gradation of the prop- erty would follow and buildings could be placed directly on the property line and highway right- of-way. In other words, others in the area would not need to keep their property line 100 ft. back as proposed by Torbert Drug Co. (4) It is our opinion that even though this were rezoned to a busi- ness district there is considerable question as to whether or not a wholesale drug warehouse and office under our ordinance could be erected. (5) The Planning and Zoning Commission has always considered the land southerly and westerly from Grandview Avenue an ex• elusive residential area for the development of Dubuque and con- times to so feel. Respectfully submitted, R. D. Waller, Chairman-Pro-Tem, Councilman Austin moved that the rules be suspended for the purpose of allowing any one present in the Council Cliamber, who wishes to do so, to address the Council. Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Attorney M. M. Cooney, repre• 710 Regular Session, December 3, 1951 seating the Torbert Drug Company, addressed the Council requesting that Council view the premises and that action be deferred on the recommendation of the Planning and Zoning till the next regular meeting of the City Council. Mr. Donald F. Wunderlich, represent- ing Torbert Drug Company, ad- dressed the Council requesting that action be deferred on the re- commendation of the Planning & Zoning Commission till the next regular meeting of the City Council. Mr. Charles Van Gorder addressed the Council requesting that Council go along with the recommendation of the Planning and Zoning Com- mission. Councilman Austin moved that the communication of the Planning and Zoning Commission be re• ferred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 30, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Relative to the petition of the Dubuque Stone Products Company asking the vacation of Lime Street from the north line of Kimball Street northerly to the Milwaukee Railroad right-of-way was referred to the Planning and Zoning Com- mission for investigation and re- port, The Planning and Zoning Commission has investigated thor- oughly the various problems in this area and through mutual agree- ment wishes to recommend the following: That Lime Street as described above be vacated to the petitioner and in exchange for the above, the Dubuque Stone Products Company deed to the City of Dubuque the west forty feet of Lot 1 of Lot 5 of Mineral Lot 305A, This area is needed for a future street in ac- cordance with the Master Plan. Attached hereto is a plat showing the location of the respective par- cels of property. Respectfully submitted, Dubuque Planning and Zoning Commission By: R. D. Waller. Councilman Kolb moved that the recommendation of the Plan- ning and Zoning .Commission be approved and proper proceedings prepared. Seconded by Councilman Austin. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 28, 1951 Honorable Mayor and Members of the City Council of Dubuque, Iowa. Gentlemen: On November 2, 1951, the claim of Mrs. S. V. Van Winkle was filed with the City Clerk and subse- quently referred to this office for investigation and report. It appears from the claim that the claimant, on October 1, 1951, fell on a side- walk in front of 933 Central Ave- nue. The curbing was broken at that point and a rather deep hole was left in the sidewalk. Claimant stumbled into this hole and fell, sustaining very serious and painful injuries to her back. Claimant was confined to her bed for a period of about four weeks and then placed in a brace which she is now wearing and will continue to wear for an indefinite period of time. After conferring with the clai- mant we have been advised that she will accept the sum of $425.00 in full settlement for all injuries sustained by her as a result of said fall and it is the opinion of this office that said settlement is fair and equitable, and we there- fore recommend to your Honorable Body that said claim be settled and compromised for the sum of $425.00 and the City Treasurer be authorized to draw a warrant in favor of Mrs. S. V. Van Winkle in the sum of $425.00 to be delivered to her upon the execution of a proper release. Respectfully submitted, Robert M. Czizek, Asst. City Solicitor. Councilman Kolb moved that the recommendation of Assistant Regular Session, December 3, 1951 711 City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $425.00 in favor of Mrs. S. V. Van Winkle, as settlement in full of her claim, and that said war- rant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 28, 1951 Honorable Mayor and Members of the City Council of Dubuque, Iowa. Gentlemen: On November 13, 1951, the claim of Ed Doerr in the sum of $75.00 for damages to his automobile sustained by him when he struck a manhole between 8th and 9th on Locust Street, was filed with the City Clerk and subsequently re- ferred to this office for investiga- tion and report. After due investigation it is the conclusion of this office that said claim should be paid. It is there- fore respectfully recommended that said claim be allowed in the sum of $75.00 and that the City Treasurer be authorized to draw a warrant in favor of Ed Doerr in the sum of $75.00 to be delivered to him upon execution of a proper release. Respectfully submitted, Robert M. Czizek, Asst. City Solicitor. Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Ed. Doerr, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re• lease.. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 28, 1951 Honorable Mayor and Mombers of the City Council of Dubuque, Iowa. Gentlemen: On September 22, 1951 a claim for $15.14 was filed with the City Clerk by Donald Roth, which sum represented damages to his muf- fler which he sustained on Lowell Street while said street was under- going repairs. The claim was turned over to this office for in- vestigation and report. Upon due investigation we find that at the time of the accident complained of, Lowell Street was under repair. The grader was work- ing on Lowell Street all day and the street was torn up and im- passable. It is the opinion of this office that in attempting to pass over Lowell Street while the same was in such a condition of disrepair, the claimant was guilty of contributory negligence to such an extent that recovery against the city would be precluded. It is therefore respectfully re- commended that said claim be denied. Respectfully submitted, Robert M. Czizek, Asst. City Solicitor. Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 28, 1951 Honorable Mayor and Members of the City Council of Dubuque, Iowa. Gentlemen: 0n November 5, 1951 the claim o! J. A. Vander Meulen in the sum of $76.56 was filed with the City Clerk of the City of Dubuque, Iowa. This claim was filed once before and the Council referred the matter to the City Attorney's office for investigation and report. At that time an investigation was made by this office and it was our opinon that the claim should not be allowed. We filed such a re- commendation and in accordance with our recommendation the Council refused to allow the claim. 1'4t'i" - .~ <. a r w 2-~* .. ^..nr r T ry i .~ f }.A-fi t' M-IM 4"9~''4^~^~L ~ a 712 Regular Session,. December 3, 1951 This claim was then resub- mitted by the claimant and again submitted to this office for investi- gation and report. This office has again reveiwed the circumstances surrounding the filing of this claim again reviewed the circumstances that there exists no liability upon the part of the City which would justify this office in recommend- ing payment of the, claim, and therefore again respectfully re- commend to your Honorable Body that the claim be denied. Respectfully submitted, Robert M. Czizek, Asst. City Solicitor. Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. iovember 14, 1951 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Virgil J. Denlinger for damages resulting from driv- ing his car into an open manhole on November 3, 1951, has been re- ferred to this office. Upon investigation I find that this manhole cover came off be- cause of a defective ring which might be considered technical neg- ligence on the part of the City. I therefore recommend that Mr. Denlinger's claim in the amount of $47.91 be allowed and that the Auditor be instructed to draw a warrant in said amount payable to Virgil J. Denlinger and de- liver the same to him upon receipt of a properly executed release. Sincerely, T. H. Nelson. Councilman Schueller moved that the recommendation of City Solici• for Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $47.91 in favor of Virgil J. Denlinger, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Austin. 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 McLenan Street with asphaltic macadam. surfacing from the north property line of Tressa Street to the south Y.,,Y2rty line of Mt. Loretta Avenue, 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. S~nu.TZ, 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. 4261 Whereas, the contract for the improvement of McLenan Street with asphaltic macadam surfacing from the north property line of Tressa Street to the south prop- erty line of Mt. Loretta Avenue has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the 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 arr.~~~ed 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 improve ment and file the same in the office of the City Clerk subject to public inspection and said Clerk Regular Session, December 3, 1951 713 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 3rd day of December, 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 Tressa Street with asphaltic macadam surfacing from the west property line of McLenan Street to a point 191 feet east, under construction by the City Street Dept. has been completed in accordance with the plans. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin 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. 421-51 Whereas, the contract for the improvement of Tressa Street with asphaltic macadam surfacing from the east property line of McLenan Street to a point 191 feet east 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 parecls 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 Futher 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 3rd day of December, 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 Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen ~pM3r~^ ..~.., .xr»~~k~a......,aaw~t._.~.,r~rRwJ'tl~N6~M.~~. 9 ~ ~ i ir,.R.a.~. 714 Regular Session, December 3, 1951 ~' l 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 Groveland Place with asphaltic macadam surfacing from the west pr~Y:..ty line of Sheridan Street to the east prop- erty line of Burden 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 Austin moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Kolb, 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.) RESOLUTION N0. 428-51 Whereas, the contract for the improvement of Groveland Place with asphaltic macadam surfacing from the west property line of Sheridan Street to the east prop- erty line of Burden 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 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 parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspectiou and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefore, 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 3rd day of December, 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 Welu. Car- ried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 27, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On November 24, 1951 William and Rona Carlson, 553 Eighth Ave- nue, holders of Class "B" Beer Permit No. 10 were convicted in the Police Court of the City of Dubuque of violating Ordinance 9~5. This ordinance prohibits the sale of liquor having a greater alcoholic content than 4 per cent by weight on the premise of a Class "B" Beer Permit holder. According to Section 124.30 it is mandatory that the permit shall be revoked. I recommend that the permit of William and Rona Carlson be re- voked and the Chief of Police be instructed to pick up the permit. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schutz be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Regular Session, December 3, 1951 715 RESOLUTION N0. 429-51 Whereas, this CouncB on the 24th day of April, 1951 caused to be issued a Class "B" Beer Permit bearing the Number 10 to William and Rona Carlson of Dubuque, Iowa, operating at 553 Eighth Ave- nue in the City of Dubuque; and Whereas, it has come to the attention of this Council that the owners and holders of said permit have been found guilty of violating the Beer Ordinance of the City of Dubuque passed pursuant to Chap• ter 124 Code of Iowa: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that Class "B" Beer Permit No. 10, heretofore issued to William and Rona Carlson of Dubuque, Iowa, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancellation. Passed, adopted and approved this 3rd day of December, 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. November lfi, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Bryant Parent- Teachers Association and also of William J. Watters, Principal of Bryant School, requesting that an automatic school signal device be installed on Bryant Street was re- ferred to the City Manager for recommendation and report. The placing of school crossing signals on Bryant Street should be for the benefit of the pupils of Bryant School and St. Columb- kille's School. It would be impractical to place signals at both Rush and Mt. Loretta on Bryant Street because they are a short block apart. If a signal is placed at Rush Street, it would not be seen until too late by vehicles approaching it from the top of the Hill. There are also trees that would obstruct vision of the signal if it is properly placed. It is, therefore, my recommenda- tion that a school traffic signal be placed at Brypnt and Mt. Loretta Avenue and that the Traffic Department work out some cooperative manner of operation between the principals of St. Col- umbkille's and Bryant Schools. 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. November 16, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of S. P. Hanten re- questing that a grade be established for an alley abutting their prop- erty between York Street and Grandview Avenue and also the petition of Donald C. Chamberlain and others asking that this same alley not be opened was referred to the City Manager for disposi- tion. After viewing the grounds with the City Engineer and the Street Commissioner, it was determined that the reason the property owners wished the alley to be opened was for drainage purposes only and would not in any way give them better access to their property. Drainage from all the property on Grandview Avenue flows in the direction of York Street and crosses this alley into the prop- erty on York Street. We have cut an interceptor ditch which now carries the surface water of the properties on Grandview Avenue to ~,. .... _ , r n~. ..~,~. M,~.~~-tr#~n~+5~-•.* .v,. t f-~~v rr va fr~fld''N °, ~._.. , 716 Regular Session, December 3, 1951 York Street where it is picked up by the storm sewer. I believe that this method of correcting the drainage problem will satisfy both petitions. 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 Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 16, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Mary Martin and others asking for additional street lighting on Rowan Street was re• ferred to the City Manager and Electrical Inspector for recom- mendation and report. This matter has been investigated and it is my recommendation that a street light be placed on Pole No. 207-972E, which is approxi- mately half-way between the first and second lights on Rowan Street off of Grandview Avenue. Respectfully submitted, L. J. St;niLTZ, 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. November 27, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have received a verbal request from Mrs. Paul Nauman who re- sides at 575 Sunset Ridge asking that a street light in front of their home be placed in operation. I would recommend in the in- terests of public safety that a street light be placed at the re- quested location and also an ad- ditional light at the turnaround at the end of Sunset Ridge. 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. November 27, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of the City Library Board requesting ten minute park- ing space in front of both doors of the library building was re- ferred to the City Manager. I have had this matter investi- gated and find that one of the reasons no parking space was available for people using the library was due to the presence of vehicles parked longer than the two hour limit. I believe it is practical to re- strict parking in front of doors of the library so as to allow parking for library patrons making short stops. As soon as practical the yellow space will be painted in front of each door. 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 Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 21, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Louis A. Fischer, Jr. and others requesting the in- stallation of a street light at the approach to the turnaround on Marquette Place was referred to the City Manager and Electrical Regular Session, December 3, 1951 717 Inspector for investigation and re- port. After investigation, it is my re- commendation that a street light be installed at the turnaround. I would also like to recommend the installation of a street light at the south end of Victoria Street and also a light on Delhi Street between Forest Lane and Uni- versity Avenue opposite the south- west corner of University and Delhi. 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. November 19, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have a request from the Fire Chief to send two men to the Annual Fire Department Instruc- tors' School held at Iowa State College, Ames, Iowa, on December 4, 5, 6 and 7, 1951; also a request for the Chief to attend an Instruc- tors' Conference for Fire Chiefs at Memphis, Tennessee on January 8, 9, 10 and il, 1952. I recommend that both of these requests be granted and that the men be authorized to attend these meetings at city expense. Respectfully submitted, L. J. St;tuLTZ, 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. November 20, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of October 1951; also list of claims and list of payrolls for which warrants were issued for the month of October, 1951. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. September 16, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Mr. and Mrs. Lester Rafoth and others with reference to bus service on Mt. Loretta Avenue was referred to the City Manager for further con- ference with officials of the Inter- state Power Company. After considerable study by the Interstate Power Transportation Division, they have formulated a plan for the extension of the Cleve- land Avenue bus route which will serve the people in the Mt. Loretta area more effectively than at the present time. Before the new schedule can be put into effect, it is necessary that the curb radius from the southeast section of Mt. Loretta and English Lane be lengthened so that buses can turn east from English Lane onto Mt. Loretta without creating a traffic hazard. As soon as this is done by the city, the new route will be put into effect. The routing for the Cleveland Avenue bus in the downtown area will be North on Main to Sixth Street, East on Sixth to Iowa Street, North on Iowa Street to Tenth Street, West on Tenth to Main and then South on Main Street. At the present time the Cleve- land Avenue route in the down- town area is North on Main to Tenth Street, east on Tenth to Iowa, North on Iowa to Twelfth, West on Twelfth to Main and then South on Main Street. By changing this route in the 718 Regular Session, December 3, 1951 downtown area, it will eliminate a slow-up in bus service at Twelfth and Iowa Streets due to a stop sign and will not decrease the service to passengers in the down- town area. Respectfully submitted, L. J. S~ruLTZ, City Manager. Councilman Kolb moved that the communication of City Man- ager Schiltz be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. December 3, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Dick Ferguson and others requesting the installa- tion of traffic light at 24th and Jackson Streets was referred to the City Manager. I have had this matter investi- gated and find that according to the traffic, both vehicular and pedestrian, a traffic light is not warranted at this intersection. I recommend, however, that reflect- orized Pedestrian Crossing Signs be placed in this area to warn motorists of a congested area. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Schueller 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. December 3, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of the Plan- ning and Zoning Commission re- commending approval of the Thomas E. Byrne Subdivision was referred to the City Manager for recommendation and report. The petitioner has submitted a bond to cover the cost of street improvements and I recommend that the Council accept the Subdi- vision as approved by the Planning and Zoning Commission. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Irian- ager Schiltz be approved. Sec- onded by Councilman Welu. Car- ried by the following votes Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 430-51 Whereas, a plat has been filed by Thomas E. Byrne and Clara C. Byrne in which Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 67, in the City of Dubuque, Iowa is subdivided and platted as "Thomas E. Byrne Subdivision"; and Whereas, said plat has been duly examined, investigated and approved by the Planning and Zoning Commission of the City of Dubuque, and Whereas, the owners have upon said plat dedicated Clara Street to the public; and Whereas, the City Council has examined said plat and has been fully advised in the matter, finds that said plat conforms to the city ordinances relating thereto; and Whereas, the City Council further finds that the dedication of Clara Street should be accepted and con- firmed and that said plat should be approved; and Whereas, Clara Street is an un- improved new street and the Council is of the opinion that said street should be improved by the placing of a five inch macadam base with asphalt wearing surface and with combination concrete curb and gutter; and Whereas, the Engineer's esti- mated cost for said improvements is as follows: Grading $600.00 Macadam plus surface $3,120.00 Curb and gutter $1,721.00 Radius curb and gutter $503,40 Estimated Total Cost $5,944.40 And, Whereas, it is the opinion of the City Council that said im- provements should be made on or before December 1, 1952, that the plat filed herein be approved upon Thomas E. and Clara C. Byrne filing with the City Clerk a surety company bond in the sum Regular Session, December 3, 1951 719 of $5,944.40 which bond must be approved by City Council, said bonds to insure the construction and completion of the improve- ments on or before December 1, 1952 and said bond to provide for compliance with the provisions of Ordinance No. 23--45, the sub- division ordinance of the City of Dubuque, and especially Section IV thereof. Now Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That the dedication of Clara Street, upon the plat of Thomas E. Byrne Subdivision be and the same are hereby accepted for the purpose for which they are thus dedicated. Section 2, That the plat of Lot 1 of Lot 1 of Lot 1 of Lot i of Min- eral Lot 67 in the City of Dubuque Iowa, which will hereafter be known as Thomas E. Byrne Sub- division containing Lots 1 to 13 inclusive be and the same is hereby approved and the Mayor and Clerk are hereby directed to endorse the approval of the City of Dubuque upon said plat provided: That Thomas E. and Clara C. Byrne sign the written acceptance and agreement hereto attached, agreeing to comply with all the terms and conditions in this resolu- tion and that Thomas E. and Clara Byrne file with the City Clerk a surety company performance bond in the amount of $5,944.40, ac- ceptable to the City Council, in- suring the construction and com- pletion of the improvements on Clara Street on or before Decem- ber 1, 1952, all as hereinbefore set out, all to be done with the ap- proval of the city manager. Passed, adopted and approved this 3rd day of December, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. 5CHUELLER, Councilmen. Attest; J. J. SHEA, City Clerk. ACCEPTANCE OF RESOLUTION N0. ~30~51 Thomas E. and Clara C. Byrne with full knowledge and under- 'kt*~«.. -. <+rv^7,rx 7~am'e~,A+^k r~~~t~^~M, %r'~~;F~~4f^M~!"'4'FYl°~~ti~~r. ~:~~~~,v~~ .~+,'~,i, _.. standing of all the terms and con- ditions of Resolution No. 430--51 hereby accept the same as adopted and agree to abide by, comply with and carry out all the terms and conditions thereof. Executed this 3rd day of De- cember, 1951. Thomas E. Byrne Clara C. Byrne Councilman Welu moved the adoption of the resolution and that the Performance Bond be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 28, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of the Yellow, Black & White, Yellow and Checker Cab Company, also Veterans Radio Cab Company, was referred to the City Council and the City Manager for further study. I have investigated the taxi rates in cities comparable to Dubuque and find that the rates requested are justified. Every item of cost in this operation has increased considerably more since 1946 than the percentage of increase re- quested. It is my recommendation that the petition be granted and that Ordinance No. 44--46 be amended setting up the new rates. Respectfully submitted, L. J. SCHILTZ, City Manager. Attorney John A. Cunningham addressed the Council objecting to the granting of an increase in taxicab fares as petitioned for by the Black & White, Yellow and Checker Cab Company also the Veterans Radio Cab Co. and re- quested that the proposed new ordinance provide for the issuance of a receipt to passengers upon the payment of their taxicab fares, also to provide for a lesser fare for the aged and infirm passengers who are living at the various in- stitutions when necessity requires them to use a taxicab. Councilman Welu moved that action be deferred on the recom- 720 Regular Session, December 3, 1951 mendation of City Manager Schiltz. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the Ordinance amending Ordinance No. 44-h6 by repealing Section 1 and substituting a new Section 1 in lieu thereof regulating the operation of taxicabs within the City of Dubuque and fixing the rates and prices to be charged for the transportation of passengers be referred back to the City Man- ager and City Solicitor for study and report as to the limitation on rates and as to the issuance of receipts upon the payment of taxi fares. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. November 27, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Due to conditions caused by ex- treme weather conditions last winter and extra work necessary because of floods this spring, it became necessary to proceed im- mediately with street repair and construction work. Because of the extraordinary con- ditions it was necessary to expend more for this work than was ap- r• ~r=sated. Also the estimated revenues that were anticipated for the Municipal Golf Course Fund were not re- ceived and as a result funds re- ceived were insufficient to meet the expense of maintenance and repairs during the first year of operation. I recommend that $37,200.00 be permanently transferred from the Emergency Fund to the Street Construction Fund and that 56,600. 00 be permantly transferred from the Emergency Fund to the Munici- pal Golf Course Fund. Both of these transfers must have the ap- proval of the State Comptroller. Respectfully submitted, J. J. SCHILTZ, City Manager. Councllman Kolb moved that the tecommendation of City Man- ager Schiltz be adopted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 431'1 Resolution and Application for Transfer of Emergency Fund. Whereas, there now is in the hands of the treasurer of City of Dubuque, Dubuque County, Iowa, the sum of 56,600.00, credited to the Emergency Fund thereof; and Whereas, an emergency has arisen which requires the expendi- ture of 56,600.00, said emergency being of the following character: the estimated revenues .were not received and were insufficient to meet the expense of maintenance and repairs as appropriated by the City Council in the first year of operation as a Municipal Golf Course; and Whereas, the revenue in the Municipal Golf Course Fund is in- sufficient to meet its estimated actual and necessary expenses for the current fiscal year and the emergency referred to; therefore, be it Resolved by the City Council of Dubuque, Dubuque County, Iowa, that $6,600.00 of the funds in the Emergency Fund be transferred permanently to the Municipal Golf Course Fund of said municipality; subject to the approval of the State Comptroller, to be expended in accordance with the provisions of Section 24.6 of the Code of 1950, and The Auditor of said municipality, upon receipt of approval by the State Comptroller, is directed to correct his books accordingly and to notify the treasurer of the trans- fer, accompanying the notification with a copy of this resolution and the record of its adoption. (Presiding Officer) ROMOLO N. RUSSO, Mayor. (Secretarial Officer ) J. J. SHEA, City Clerk. The foregoing resolution was adopted by the City Council of Dubuque, Dubuque County, Iowa, Regular Session, December 3, 1951 721 at a regular meeting of the same on the 3rd day of December, 1951. The vote thereon was as follows: Ayes: ROMOLO N. RUSSO, CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Nays-None. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 432-51 Resolution and Application for Transfer of Emergency Fuhd. Whereas, there now is in the hands of the treasurer of the City of Dubuque, County, Iowa, the sum of $37,200.00 credited to the Emerg- ency Fund thereof; and Whereas, an emergency has arisen which requires the expen- diture of $37,200.00, said emergency being of the following character: Conditions caused by disastrous flood in April 1951 and two flash floods in July 1951 necessitated immediate street work resulting in expenditures above that ap- propriated; and Whereas, the revenue in the Street Construction fund is in- sufficient to meet ~ estimated actual and necessary expenses for the current fiscal year and the emergency referred to; therefore, be it Resolved by the City Couzrcil of Dubuque, Dubuque, County, Iowa, that $37,200.00 of the funds in the Emergency Fund be transferred permanently to the Street Con- struction Fund of said munici- pality; subject to the approval of the State Comptroller, to be ex- pended in accordance with the provisions of Section 24.6 of the Code of 1950, and The Auditor of said municipality, upon receipt of the approval by the State Comptroller, is directed to correct his books accordingly and to notify the treasurer of the transfer, accompanying the notifi- cation with a copy of this resolu- lion and the record of its adop- tion. (Presiding Officer) ROMOLO N. RUSSO, Mayor. (Secretarial Officer) J. J. SHEA, Clerk. The foregoing resolution was adopted by the City Council of Dubuque, Dubuque, County, Iowa, at a regular meeting of the same on the 3rd day of December, 1951. The vote thereon was as follows: Ayes: ROMOLO N. RUSSO, CLARENCE P. WELD, RAY F. KOLR, RUBEN V. AUSTIN, LEO N. SCHUELLER, Nays-None. 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. November 26, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith is submitted a detailed distribution of proposed expendi- tures of the City of Dubuque for the fiscal year beginning January 1, 1952 and ending December 31, 1952. The wage and salary structure is based on an approximate ten per- cent increase to all employees ef- fective from January 1, 1952. The distribution is based on the budget approved by the City Coun- cil for levying taxes for 1952; and has been discussed with depart- ment heads so that they will know the limits of their expenditures and thereby facilitating proper depart- mental budgeting throughout the year. I recommend this distribution as outlined to the Council for adoption as a basis for making app~„r.:a- tions in 1952. Respectfully submitted, L. J. St;niLTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Awl•'-~,«y...v~:._w*~F~~~r+z °~~f~h.._ .?~~aY~~q t~~W~'~Y~av-M" ~:~'.. 722 Regular Session, December 3, 1951 Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 433-51 Whereas, a detailed distribution of proposed expenditures of the City of Dubuque for the fiscal year beginning January 1, 1952 and end- ing December 31, 1952 has been. duly prepared by the City Man- alter and submitted to this Council for approval; and Whereas, this Council has ex- amined the detailed distribution of the proposed expenditures, wherein estimates of the expenses of the departments and purposes are shown, including the estimates for which all levies heretofore made, receipts from moneys and credits and miscellaneous sources are to be used, and said distribu• lion shows all of the proposed ex- penditures for the ensuing fiscal year; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that said detailed distribution of pro- posed expenditures for the fiscal year beginning January 1, 1952 and ending December 31, 1952 as heretofore prepared, be and the same is hereby adopted and ap- proved. Passed, adopted and approved this 3rd day of December, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 434-51 Whereas, there is now in the hands of the City Treasurer and credited to Mount Loretta Avenue Improvement Fund No. 971 the sum of $4,375.00; and Whereas, construction costs for this street were paid for out of the Street Construction Fund and said fund should be reimbursed for this expenditure; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that there be and there is hereby transferred from the Mount Loretta Avenue Improvement Fund No. 971 the sum of $4,375.00 into the Street Construction Fund and Be It Further Resolved that the Auditor of the City of Dubuque is directed to adjust his accounts accordingly and to notify the Treasurer of such transfer and such notification shall be accomp- anied by a copy of this resolution and the record of its adoption. Passed, adopted and approved this 3rd day of December, 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 resolutions. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 435-51 Whereas, there is now in the hands of the City Treasurer and credited to the Liquor Sales Fund the sum of $16,087.84; and Whereas, Section 123.50 of the 1950 Code of Iowa provides that the aforesaid fund shall be subject to expenditure under the direction of the City Council for any lawful municipal purpose; and Whereas, it is necessary in the interest of public health, safety and the general welfare of the City of Dubuque that of the above sum $13,543.91 be expended for Street Construction purposes and $3,143.93 be expended for General Operating purposes; Now Therefore, Be It Resolved by the City Council of the City of Dubuque that there be and there are hereby transferred from the Liquor Sales Fund the sum of $13,543.91 into Regular Session, December 3, 1951 723 the Street Construction Fund and the sum of $3,143.93 into the Con- solidated Fund; and Be It Further Resolved that the Auditor of the City of Dubuque is directed to adjust his books ac- cordingly and notify the Treasurer of such transfer and such notifi- cation shall be accompanied by a copy bf this resolution and the record of its adoption. Passed, adopted and approved this 3rd day of December, 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. 436-51 Whereas, there is now in the hands of the City Treasurer and credited to the Parking Meter E'und the sum of $7,500.00; and Whereas, Section 390.8 of the 1950 Code of Iowa provides that the aforesaid fund shall be used for several purposes, one of which is traffic control in the parking meter district; and Whereas, it is necessary in the interest of the preservation of public peace, health, safety and the general welfare of the City of Dubuque that the above sum of $7,500.00 be expended for Traffic Control; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that there be and there is hereby transferred from the Parking Meter Fund the sum of $7,500.00 into the Consolidated Fund; and Be It Further Resolved that the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to notify the Treas- urer of such transfer and such notification shall be accompanied by a copy of this resolution and the record if its adoption. Passed, adopted and approved this 3rd day of December, 1951. ROMOLO N. RUS5O, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the folowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 431-51 Be It Resolved by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. William A. Brown and Hilda Brown, 2417 Rhomberg Avenue. Melvin Donahue, 348 Eighth Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 3rd day of December, 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. 438-51 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, bq,rr u.~. a t~ . ~ r rr^a a .. P rzx~s , -.~xra w, y~l'+'~~~'bw+Y'r~b~ 724 Regular Session, December 3, 1951 Be It Resolved by the City 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 Norbert H. Sauser, 2774.2776 Jackson Street. The Page Hotel Co., 73-75 East Fourth Street. Melvin Donahue, 342 Eighth Ave- nue. Christ Bogas, 402 Main Street. Clifford Calvert and Bertha Cal- vert, 185 Main Street. John B. Burgmaier, 2600 Jackson Street. Vincent Teeling, 115 East 22nd Street. Ruben J. Weber, 25 West 7th Street. J. Ray O'Brien, 2093 Washing- ton Street. William A. Brown and ,Hilda B. ~ ~~ u, 2417 Rhomberg Avenue. CLASS "C" PERMIT Cruso A. Alba. 2601 Jackson Street. Passed, adopted and aY,,~~~ed this 3rd day of December, 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. RESOLUTION N0. 439-51 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. CLA55 "B" PERMIT Norbert H. Sauser, 2774.2776 Jackson Street. The Page Hotel Co., 73-75 East Fourth Street. Melvin Donahue, 342 Eighth Ave- nue. Christ Bogas, 402 Main Street. Clifford Calvert and Bertha Cal- vert, 185 Main Street. John B. Burgmaier, 2600 Jackson Street. Vincent Teeling, 115 East 22nd Street. Ruben J. Weber, 25 West 7th Street. J. Ray O'Brien, 2093 Washing- ton Street. William A. Brown and Hilda Brown, 2417 Rhomberg Avenue. CLASS "C" PERMIT Cruso A. Alba. 2801 Jackson Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adapted and approved this 3rd day of December, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. JOINT RESOLUTION N0. 440-51 REGULATING AND RESTRICT- ING THE HEIGHT OR STRUCT- URES AND OBJECTS OF NAT- URAL GROWTH AND OTHER- WISE REGULATING THE USE OF PROPERTY IN THE VICIN- ITY OF THE DUBUQUE MU- NICIPAL AIRPORT BY CREAT- ING AIRPORT APPROACH AND TURNING ZONES, AND ESTAB- LISHING THE BOUNDARIES •rn~REOF AND HEIGHT AND LTSE LIMITATIONS THEREIN: PROVIDING FOR VARIANCES FROM THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES, DEFINING CERTAIN TERMS Regular Session, December 3, 1951 USED THEREIN: PROVIDING FOR ENFORCEMENT: ESTAB- LISHING ABOARD OF ADJUST- 11IENT; AND IMPOSING PENAL- TIES, presented and read. Councilman Welu moved that the Joint Resolution be referred to the City Solicitor for study and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the Dubuque County Tuberculosis and Health Associa- tion requesting permission for the holding of annual "Bangle Day" on Friday evening December 14 and Saturday December 15, 1951, presented and read. Councilman Kolb moved that the request be granted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further busi- ness Councilman Kolb moved to adjourn. Seconded by Councilman Schueller. 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. 725 off 726 Special Session, December 12, 1951 City Council (OFFICIAL) Special Session, December 12th, 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 Councilman Welu and Kolb. Mayor Russo read the call and stated that service thereof had ben duly made and that this meet- ing is called for the purpose of considering the communication of the Planning and Zoning Commis- sion recommending denial of the petition of the Torbert Drug Com- pany dated June 17, 1951 together with amendment of Messrs Scully and Scherer dated October 31,1951, asking for the rezoning of land on the easterly side of U. S. Highway 151 on the southerly side of Grand- view Avenue and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Kolb moved that the rules be suspended for the pur• pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Mr. M. M. Cooney, Attorney representing the Torbert Drug Company also Mr. Donald Wunder- lich representing the Torbert Drug Company and Mr. Joseph Scully addressed the Council asking the City Council to give favorable con- sideration to the petitions, request- ing rezoning of land on the westerly side of U. 5. Highway on the southerly side of Grandview Ave- nue. Mr. Greg Corken, Mr, Charles Mettel, Mr. Perry Mellen and Mr. Harold Neilsen addressed the Coun- cil objecting to the granting of the petition of Torbert Drug Company and of Messrs Scully and Scherer, asking for the rezoning of land on the easterly side of U. S. Iiigh- way 151 on the southerly side of Grandview Avenue, and asking Council to uphold the recommenda- tion of the Planning and Zoning Commission. PLANNING AND ZONING COMMISSION Dubuque, Iowa November 29, 1951 Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- rnission repectfully recommends to your Honorable Body the denial of petition of Torbert Drug Company dated June 17, 1951, together with amendment of Messrs. Scully and Scherer dated October 31, 1951, asking for rezoning of land on the easterly side of U. S. Highway 151 on the southerly side of Grandview Avenue for the following reasons: (1) It would seem that the die has been cast in favor of resi- dential development for this neigh- borhood; and any zoning change to introduce a use such as suggested would tend to create' conflicting and unsettling conditions and in- equitiesfor existing properties even were the immediate project so constructed in itself, as to be at- tractive in design and physically pleasing in utility, other projects of similar zoning classification could readily be of lesser stand- ard and still be eligible for in- clusion in such a district. (2) Considerably more than one half of the land adapted to resi- dential development has been so employed and is either occupied or prepared for residential occupancy. (3) If rezoned for the use re- quested than trailer camps, tav- erns, and other uses tending to reduce the gradation of the prop- erty would follow and buildings could be placed directly on the property line and highway right of way. In other words, others in the area would not need to keep their property line 100 ft. back as proposed by Torbert Drug Co. (4.) It is our opinion that even though this were rezoned to a business district there is consider- able question as to whether or not a wholesale drug warehouse and office under our ordinance could be erected. (5) The planning and Zoning Special Session, December 12, 1951 727 Commission has always considered the land southerly and westerly fxom Grandview Avenue an exclus- ive residential area for the de- velopment of Dubuque and con- tinues to so feel. Respectfully submitted, R. D. Waller, Chairman Pro Tem. Councilman Kolb moved that the recommendation of the Plan- ning and Zoning Commission be aYr.~~ed. Seconded by Mayor Russo. Lost by the following vote: Yeas-Mayor Russo and Council• man Kolb. Nays -Councilmen Austin, Schueller, Welu. Councilman Welu moved that the communication of the Planning and Zoning Commission be re- ferred back to the Planning and Zoning Commission for a specific report and recommendation on the petition of the Torbert Drug Com- pany and also for a specific re- port and recommendation on the petition of Messrs Scully and Scherer. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communcation of Earl Liddle Jr., by Donald F. Paar, Attorney, notifying the City Council that his automobile was greatly damaged due to unguarded open excavations extending to the center of the street on Avoca Street just north of Roseland Street, presented and read. Councilman Kolb moved that the communication 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 Loretta Kruse stating that she stepped on a stone on the sidewalk on the north side of West Second Street between Locust and Bluff Streets causing her to fall and injure her knee, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Board of Di- rectors of the Dubuque Automobile Club stating that they desire to support the recommendation made by the Dubuque Safety Council that parking motor vehicles within 20 feet of a street intersection be prohibited, presented and read. Councilman Austin moved that the communication be referred to the City Manager. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Larson Construction Company applying for permission to excavate in the streets of Du- buque at different locations in con- nection with their construction busi- ness, presented and read. Councilman Austin moved that the request be approved providing a proper policy is filed with the City of Dubuque. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays--None. Petition of Charles F. Schnee re- questing arefund in the amount of $50.00 on the unexpired portion of his Class "B" Beer Permit, as he has discontinued business on December 5, 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 Charles F. Schnee to cover the amount of refund granted on the unexipred portion of his Class "B" Beer Permit No. 12. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Charles F. Schnee re- questing arefund in the amount of $50.00 on the unexpired portion of his Cigarette Permit, as he has _ ~~ro-k-~,n a r 1"~~r~ ,.. „ ~3-~#ar'~P'~i`9CeX,'S1~"~^'a: ",.' `. 728 Special Session, December 12, 1951 discontinued business on December 4, 1951, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to thaw a warrant in~ the amount of $50.00 in favor of Charles F. Schnee to cover ' the amount of refund granted on the unexgired portion of his Cigarette Permit 209. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Paul L, and Eva Robertson and others, r•~r~~Y owners and people of Valeria Street, objecting to the rezoning of Lots 13, 14, 15 and 16 a part of Schaffner's Subdivision from pres- ent classification to Local Busi- nes District classification, presented and read. Councilman Welu moved that the petition be referred to the Planning and Zoning Commission. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Edmund Westemeier and others stating they were not correctly informed as to the nature of the petition they signed in favor of Harold Moldt Jr. and requesting their names be canceled from that petition and be regarded as ob• jectors to the rezoning of part of Schaffner's Subdivision, presented and read. Councilman Welu moved that the petition be referred to the Planning and Zoning Commission: Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Petition of Leo P. Manahl re- questing that street lights, be in- stalled on the corner of Groveland Place and Sheridan Street and also on the corner of Groveland Place and Argyle Street, presented and read. Councilman Welu moved that the petition be referred to the City Manager. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Larson Construction Company requesting an extension of sixty days time on completion of their contract for the construc- tion of Eighth Street Storm Sewer, presented and read. Councilman Kolb moved that the request be granted providing the consent of the Bonding Com- pany is obtained. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. December 12, 1951 Des Moines, Iowa Kenneth Cullen: City Engineer, Dubuque, Iowa. The Hawkeye-Security Insurance Company as surety hereby con- sents to a 60 day extension on contract 4021 M Larson Construction Company contractor. R. M. SCHUDER, Assistant Secretary. Councilman Austin moved that the Telegram be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 432-51 Resolution and application for Transfer of Emergency Fund. Whereas, there now is in the hands of the treasurer of the City of Dubuque, County, Iowa, the sum of $37,200.00 credited to the Emergency Fund thereof; and Whereas, an emergency has arisen which requires the expendi- ture of $37,200.00, said emergency being of the following character: Conditions caused by disastrous floods in April 1951 and two flash floods in July 1951 necessitated im- mediate street work resulting in expenditures above that appropri- ated; and Whereas, the revenue in the Street Construction fund is insuf- ficient to meet its estimated actual and necessary expenses for the Special Session, December 12, 1951 - 729 current fiscal year and the emer- gency referred to; therefore, be it Resolved by the City Council of Dubuque, Dubuque County, Iowa, that $37,200.00 of the funds in the Emergency Fund be transferred permanently to the Street Construc- tion Fund of said municipality; subject to the approval of the State Comptroller, to be expended in accordance with the provisions of Section 24.6 of the Code of 1950, and The Auditor of said municipality, upon receipt of the approval by the State Comptroller, is directed to correct his books accordingly and to notify the treasurer of the transfer, accompanying the notifi- cation with a copy of this resolu- tion and the record of its adoption. (Presiding Officer) ROMOLO N. RUSSO, Mayor. (Secretarial Officer ) J. J. SHEA Clerk. The foregoing resolution was adopted by the City Council of Dubuque, Dubuque County, Iowa at a regular meeting of the same on the 3rd day of December, 195]. The vote thereon was as follows: Ayes: ROMOLO N. RUSSO, CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Nays-None. APPROVAL The above application and reso• lotion having been filed with the State Comptroller, the transfer re- quested is approved December 5th, 1951, Glenn D. Sarsfield State Comptroller. Councilman Kolb moved that the Approval of State Comptroller Sarsfield be received and .made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councllmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 61-51 An Ordinance amending Ordin- ance No. 47 as amended by repeal- ing Sections 9 and 10 thereof and enacting substitutes therefor, said ordinance having been passed upon first reading an December 3rd, 1951 and ordered placed on file with the City Clerk for public in- spection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 81.51 An Ordinahce amending Ordinance No. 97 as amended by repealtng Sec- tions 9 and 10 thereof and enact[ng substitutes therefor. Be It Ordained by the City Councn of the City of Dubuque, Iowa: Section 1. That Ordinance No. 97 la hereby amended by repealtng Sec- tions 9 and 10 thereof and enacting the following ae a substitute therefor: "Section 4. No resolution for the construction of a sidewalk as pro- vided 1n Section 3 hereof shall be adopted unless three fourths (3/4tha) of the members vote In favor thereof after a public hearing In relation thereto at which parties in Interest and citizens shall have an opportu- nity to be heard. Notice of time and place of such hearing shall be given to abutting property owners by the City Clerk by U. 3. Mail at ]east ten (1D) days before the date set Por said hearing. Section 5. After the completion of the work o[ constructing a side- walk pursuant to any such Resolu- tion the City Engineer shalt certify the cost thereof to the City Council who shall assess the cost thereof as provided in Section 3 hereof and Sec- tions 339.32 to 389.36, inclusive, o! the 1950 Code of Iowa. Before any such assessment is made, notice of said proposed assessment shall be mailed by the City Clerk to all abut- ting property owners affected at least fifteen (15) days prior to the date fixed for making said assessment which notice shall state that an ob- jections to prior proceedings moat be made in writing and flied with the City Clerk prior to the date fixed for said assessment and that all ob- jections not so made will be deemed waived, except where fraud la shown. ' Section 2. Th[s Ordinance shall be In full force and effect from and after Its final passage, adoption and pub- Ilcation as by law provided. Introdured the 3rd day of Decem- ber, 1951. Rule requiring reading on three separate days suspended by unani- mous vote the 3rd day of December, 1961. Passed, adapted and approved this 12th day of December, 1961. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: Councilmen. J. J. Shea, City Clerk. Published o[flctally in The Tele• graph-Herald newspaper this 17th day of December, 1951. J. J. SHEA, ttDecl7 City Clerk, Councilman Welu moved the adoption of the ordinance, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ~i 730 Special Session, December 12, 1951 ORDINANCE N0. 6Z-5i An Ordinance granting to Henry A. Reelfs and Peter B. Kretz, their heirs or assigns, the right to construct a sanitary sewer in Davenport Street and prescribing the conditions of this grant and regulating the connection with said sanitary sewer, said ordinance having been passed upon first reading on December 3rd, 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 NO. 62.51 An Ordinance Granting to Henry A. Reelfa and Peter B. Kretz, Their Heirs or Assigns, the Right to Con- struct aSanitary Sewer in Daven port Street and Prescribing the Conditions of Thia Grant and Reg- ulating the Connection With Said Sanitary Sewer. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. Henry A. Reelfa and Peter B. Kretz, their heirs or as- signs, are hereby granted the right to construct su eight inch sanitary Bawer in Davenport Street commenc- ing at a manhole at a point 55 feet northwesterly from the northwesterly property line of National Street and running southeasterly a distance of 290 teat. Section 1. That the total cost of constructing said sewer shall be paid by said grantees and built under the supervision of and in accordance with Plana and speclficationa ap• proved by the City Manager and the City Engineer., Sectiaa 3. That before commenc- ing any excavation in the street pre- paratory to the lay[ng of the sewer, said grantees or the contractor to whom the work shall be awarded shall cause to be filed with the City o[ Dubuque a public liability and property damage Insurance policy, with a company and In form to be approved by said City, in which the City of Dubuque fs named as an additional insured and by the terms of which po][cy the City of Dubuque, Iowa, shall be insured against lia- bility in the amount of Ten Thou- sand Dollars ($1D,000.00) tors any and all damages which may be sustained by reason of or 1n connection with the construction of said improvement and said policy shall remain in force and effect until all ditches are re- filled, abatructians removed from the street and the surface of the street and sidewalks replaced to as goad condition as they were [n before dis• turbed. Section 4. As a further condition of this grant, it is understood that after said aewer !s completed the City of Dubuque shall have the right to make extensions thereto Into other streets or districts without being re- quired to pay any part of the coat o! the original construction of the aewer herein authorised. Section 5. Upon completion of the aforesaid Project pursuant to the di- rection and supervision of the City Manager and City Engineer, and ac- ceptance by the Clty Council of the City bt,Dubuque, all maintenane and repairs of this aewer shall be paid by the City of Dubuque. Section 6. After said aewer has been completed and the total thereof determined, such cost shall be cer- tified as correct and tiled in the of- fice of the City Clerk, where the same shall remain as a permanent record. Any person or persons de- siring to connect with said sewer shall first apply to the City Council for permissien so to do and ouch permission will be granted upon con- dition that such property owner pay to the applicant herein, tts eucces- sora or assigns, such apart of the total original coat of construction of said aewer as the linear feet of the property to be connected bears to the same, which cost shall not be in excess of that which may be levied upon property in the construction of sewers as provided by statute. Section 7. That after said sewer has been constructed it shall not be removed or ita tree use interfered w(th by the grantee herein, its suc• cesaora or assigns. Section 8. This Ordinance shall be In force and effect ten days from and after its final passage, adoption and publication as provided 6y law, and the rights hereof shall accrue to the grantees. its successors and assigns when thte Ordinance has been ac- cepted by said grantees, which ac- ceptance shall be endorsed hereon, and when the costa and expense of publishing the same has been paid by said grantees. Passed upon first reading this 3rd day of December, 1951. Passed, adopted and approved upon Final reading this 12th day of De- cember, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P, WELU RAY F. KOLB RUBEN V, AUSTIN LEO N. SCHUELLER Ceuncilmen Attest: J. J. Shea, City Clerk. Acceptance of Ordinance No. 82.51 The grantees having knowledge of all the terms and eondit[ona of Or- dinance No. 82-51, do hereby accept Ordinance No. 62-51, as adopted by the City Council of the City of Du- buque, on this 12th day of December. 1951, and agree to comply with all of the terms and conditions therein set forth. Signed this 14th day of December, 1961. HENRY A. REELFS PETER B. KRETZ Published officially in The Tele- graph-Herald newspaper this 19th day of December, 1951. J. J. SHEA, It Dec. 19 City Clerk Councilman Rolb moved the adoption of the ordinance. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. December 11, 1951 Hon. Mayor and Members of the City Council, Dubuque, Iowa, Gentlemen: I herewith submit the decision of the Iowa State Commerce Com- mission refusing to approve the Special Session, December 12, 1951 731 plans for the proposed 14th Street overpass and recommend that the same be a matter of record. In view of the reasons given for the decision I further recommend that the Council give consideration to adopting mare definite plans re- garding: the closing of the affected crossings; the handling of traffic on the western approach to the overpass; and, the development of the street system to the east of the overpass, and that, upon the adoption of such plans, a reopen- ing of this matter be requested from the Iowa Commerce Com- mission. Respectfully submitted, T. H. NELSON. BEFORE THE IOWA STATE COMMERCE COMMISSION DOCKET NO. A-5233 1N THE MATTER OF PRO- POSED OVERPASS ON EAST FOURTEENTH STREET IN DU- BUQUE, IOWA. CITY OF DU- BUQUE, BY T. H. NELSON, CITY SOLICITOR, VS. CHICAGO GREAT WESTERN RAILWAY COMPANY AND CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY. Hearing held July 12 and 13, 1951, at the City Hall in Dubuque, Iowa. DECISION Decided December 5, 1951 APPEARANCES: For the Petitioner- T. H. Nelson, City Solicitor, 619 Bank and Insurance Building, Du- buque, Iowa. For the Iowa State Commerce Commission- Earle S. Smith, Assistant Com- merce Counsel, Des Moines, Iowa. For the Chicago Great Western Railway Company -Defendant - Hubert C. Jones, Attorney, 1215 Equitable Building, Des Moines, Iowa. For the Chicago, Milwaukee, St. Paul ~ Pacific Railroad Company -Defendant- B. 3. Ornburn, Assistant Chief Engineer, 898 Union Station, Chi- cago, Illinois. Robert W. Clewell, Attorney, 705 Roshek Building, Dubuque, Iowa. John N. Hughes, Attorney, 1215 Equitable Building, Des Moines, Iowa. Docket No. A-5233 The City of Dubuque, Iowa, filed an application with this Commis- sion on May 18, 1951, requesting that it determine the necessity for a viaduct and arN.,,Je plans for same at location where East Fourteenth Street crosses the tracks of the Chicago Great West- ern Railway Company and the Chi- cago, Milwaukee, St. Paul & Pacific Railroad Company in that city. The Code of Iowa, 1950, Chapter 387, provides in part; 387.1 "Authorization, Cities hav- ing apopulation of five thousand or over shall have power to require any railroad company, owning or operation any railroad tracks upon or across any public streets of such city, to erect, construct, re- construct, complete and maintain, to the extent hereinafter provided, any viaduct or underpass upon or along such streets, and aver or under such tracks, including the approaches thereto, as may be de- clared by ordinances of such city necessary for the safety and pro- tection of the public. 387.2 Limitations. The approaches to any such viaduct or underpass shall not exceed a total of eight hundred feet, but no such viaduct or underpass shall be required of the same railroad company or companies on more than every fourth street running in the same direction, and no railroad company shall be required to build or con- tribute to the building of more than one such viaduct or underpass with its approaches, in ,any one year; nor shall any viaduct or underpass be required until the Iowa state commerce commission shall after examination, determine the same to be necessary for the public safety and convenience, and the plans of said viaduct or underpass, prepared as hereinafter provided, shall have been approved by said Commission."' The date of July 12,1951, at the City Hall in Dubuque was named as time and place of hearing. This matter ass partially heard oa July 12 and continued to July 13. At the close of hearing the tity 732 Special Session, December 12, 1951 was granted sixty days after trans- script became available to file brief and the railroads a like time thereafter for reply. Additional time was later granted to the rail- roads for reply. The City Council of Dubuque on December 15, 1950, under the pro- visions of Chapter 387, adopted Resolution 38450 naming time and place for hearing on the proposed underpass; thereafter published notice of hearing and served said notice on the two railroad com- panies;.held hearing on February 5, 1951; and subsequent to hearing adopted Ordinance No. 8-51 de- claring necessity and approving plans for said viaduct. The tracks of the two railroad companies extend in a northerly and southerly direction and lie parallel and adjacent from East 8th to E. 17th Streets. East 13, 14, 15, 18 and 17th Streets, hereinafter more particularly considered, cross these tracks at right angles. The population of Dubuque is ap- proximately 50,000. Practically all the business and residential areas are located on the west side of the tracks. The proposed viaduct at E. 14th Street would serve an area lying east of the tracks, composed of 165 residences, the Dubuque Packing Plant employing 2300 per- sons, the A. Y. McDonald Co., 560, a soy bean plant 28 and a cooperage company, 5 or 6. There are no schools or churches in this area with the result that children must cross tracks to attend church or school. Those attending public school number 65, parochial 63 and Junior High 24. The residences and industries are concentrated in an area extending eastward from the tracks, approximately seven blocks square, in which many streets are either vacated or not opened. Beyond this concentration lies what is termed "City Island," not now improved but which the city desires to develop by raising the level of the ground above high water of the Mississippi River, which borders it on the east. Docket No. A-5233 It is the proposal of the City to construct a viaduct at East 14th Street to span three tracks of the Great Western and two tracks of the Milwaukee. A proposed track is also involved which would pass under the first span east of the viaduct span. The central span is shown as 126' in length, the east approach, 395.5', continued by a street grade revision of 146'; the west approach, 404.5', continued by a street grade revision of 199.5'; a vertical height of 14' where west approach passes over Elm Street: and reinforced concrete piers bedded on timber piling which sup- ports reinforced concrete deck on steel I beams. The proposed bridge is four lane with each side having a 24' width, the two double lanes separated by a 4' mole. A curb and 5' sidewalk are provided on each side of roadway. The total width of structure is 64'. The ap- proach grades are 6%. The design is in accordance with 1949 specifi- cations of the American Associa- tion of State Highway Officials. The loading is H-20.44. The esti- mated cost less right of way is shown as $693,000. The City introduced exhibits showing results of a traffic count taken for the period November 24 to December 1, 1950, and for the period June 1 to 8, 1951, both taken at street and railroad intersections at E. 13th to E. 17th Streets, in- clusive. The seven day summary shows: FP. DA. SP. DA. Vehicles E. B. 18099 2585 18L44 2606 Vehicles W. B. 17955 2565 18362 2623 A break down of this traffic by streets shows: ~. 2nd. roya~d roya~b ~~9 ems X00 emm a ~wm a m~a ~ ~ a~aa ~ ~ a~a e: N ~ Ill E. 13th Street 72 161" 102 138" E. 14th Street loll 149" 975 140" E. 15th Street 478 154" 438 150" E. 18th Street 3074 193" 3169 186" E. 17th Street 517 215" 549 205" The detail shows that the Mil- waukee blocked the crossings ap- proximately 70% of the gross time shown; the Great Western the re- mainder. Considerable of the Mil- waukee blocking is occasioned by switching movements at the south end of the Milwaukee yard, this indicated by the greater blocking time at E. 16th and E. 17th Street Special Session, December 12, 1951 733 Crossings. Each of the crossings is protected by manually controlled flashing light signals. Time was taken from start of signals flash• ing to time train cleared crossing or until they stopped flashing, if no train movement. Crossings were blocked many times in excess of five minutes. It is quite uniformly shown that the period of heaviest eastbound traffic is the hour end- ing 7 a.m. and that westbound traffic is heaviest during hours end- ing 4, 5 and 6 p.m. The heaviest traffic is at E. 16th Street which is the direct entrance to the pack- ing plant. The city showed by testimony that there are no fire stations, hospitals, schools or churches in the territory east of tracks; that the streets from E. 13 to E. 17th are the only means of entrance or exit to this area; that the area is zoned heavy industrial; that E. 14th Street ex- tends the entire distance westward across the city and leads to a con- nection with U. S. Highway No. 20; .that traffic moving eastward, when blocked by trains, interferes with traffic flow on Elm .Street, which parallels tracks less than one block to the west; that westward traffic entering Elm Street also results in delays and in the danger of backing or stopping traffic on railroad tracks with possibility of vehicles being struck; that there is hazard to property and persons because of fire equipment and am- bulances being prevented from crossing or delayed at railroad crossings; that bus service is not available because the bus company will not operate busses to this area on account of danger and de- lay at railroad crossings; that the blocking of crossings by trains re- sults in lateness of employees to work at industries with consequent loss to the industry; that there is much traffic to this area by other than residents or employees, it consisting of many trucks of farm- ers and others bringing livestock to the packing plant and persons patronizing the retail market of the packing plant; and that in- dustries interested in locating in Dubuque object to the railroad crossings. A member of the consulting en- gineering firm who designed the proposed viaduct was of the opinion that a two lane structure would be inadequate to handle all traffic and to allow for further growth of traffic, which he calculated as a 50%u increase in the next twenty years. Governed by the results of the traffic surveys he concluded that a two lane structure could not handle eastbound vehicular traffic for the hour ending 7:00 a.m.; nor for the hours ending 4:00 p.m. and 5:00. p.m.; and also that the heaviest westbound traffic for hours ending 4:00 p.m. to 6:00 p.m. would exceed the capacity of a single lane. The traffic for all other hours could be easily handled. It was brought out that 25% truck traffic would reduce capacity of a lane to 58% of normal and that 35% would reduce it to 49%. He was of the further opinion that all of the railroad crossings from E. 13th to E. 17th, inclusive, should be closed if a viaduct is con- structed; that the cost of a two lane viaduct would be much more than one-half the cost of a four lane one; and that 6% grades were acceptable for this viaduct and could be negotiated by truck traffic without undue interference. Witnesses varied in opinion as concerning whether or not traffic would use the viaduct if adjacent crossings were not closed. The captain of traffic of the Police Department was of the opinion that it would be advisable to close most of the railroad crossings. Exhibits in the form of photo- graphs were introduced by the rail- roads to show flood conditions in the spring of 1951, which in general, showed all of the area east of the tracks covered with water of vary- ing depths. The flood stage of City Island was given as 18.4' and the high water of 1951 was 23.7'. It was stated that a like, condition had not occurred since 1880. It was shown by railroad wit- nesses that the time crossings were blocked by trains or by signals in operation was cumula- tive for the reason that one train might block all crossings or a por- tion of them at one time with time counted at each crossing; that the new Julien Dubuque bridge over the river at Dubuque is only a 734 Special Session, December 12, 1951 taro lane structure and is now ac- comodating 1,865,810 vehicles per year, which arr...~imates the traf- fic of the ra~e„sed structure; that streets at .either end of the pro- posed viaduct are two lane; that it would accomodate traffic during the congested hours with a mod- erate dispursement of it to hours before or after the hours when it would not accomodate the traffic; that the A. Y. McDonald employees now use the 12th Street crossing and that unless changes are made, it is not probable they would use the viaduct; that cal- culations of the city are based on all the traffic now using the five streets using the viaduct when completed; that the regularly scheduled train traffic of the Chi- cago Great Western is ll trains and of the Milwaukee 12 trains per day, not including some switching movements. Several residents residing in the vicinity of the proposed viaduct expressed themselves as not in favor of its construction and that it would not benefit them. The method of operation of flashing light signals was explained and one representative particularly explained a means by which auto- mobiles occupying tracks could be allowed to clear the tracks when a train was approaching. Discussion was entered into the record at some length as to the exact length of viaduct approaches, the railroad companies maintain- ing that the street grade revisions were in reality a part of the ap- proaches. During the hearing in this case many questions were discussed regarding the possibility of the widening of E. 14th Street to pre- vent congestion in case a four lane viaduct was constructed; however, no definite plan for this widening program was placed before this Commission. There was also some evidence as concerning plans for future developmegt of the area lying east of the railroad tracks but no definite plan was submitted. It was also stated by a number of witnesses that in all probability the grade crossings at East 13th, 14th, 15th, 16th and 17th Streets would be closed, if and when a viaduct was completed at East 14th Street. Here again, the closing of the grade crossings was not a part of the case before this Commission. Briefs have been received from both parties. All matters concern- ing this case have been carefully studied by this Commission. THIS COMMISSION FINDS that the combined traffic over the five crossings here under consideration is sufffcient to make a grade separation advisable for public safety and convenience. 1T FURTHER FINDS that the actual closing of these five grade crossings is not before us in the present case, and in view of this fact, there is no sound basis upon which we could establish the necessary capacity for a viaduct which would be adequate; there- fore this Commission FURTHER FINDS that the plans for the viaduct cannot be approved and the application is hereby dis- missed without prejudice. IOWA STATE COMMERCE COMMISSION Carl W. Reed Chairman B. M. Richardson Commissioner David B. Long Commissioner (SEAL) ATTEST: Geo. L. McCaugnan Secretary Dated at Des Moines, Iowa, De- cember 5, 1951. Councilman Austin moved that the communication of City Solicitor Nelson and the Decision of the Iowa State Commerce Commission be received and made a matter of record, and the City Manager in- structed to prepare proper proceed- ings. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb Schueller, Welu. NaysrNone. December 6, 1951 Honorable Mayor and Members of the City Council of the City of Dubuque. Gentlemen: On February 23, 1951, the claim of Irene 0. Cullen for damages in the sum of Five Thousand ($5,000.- 00~ Dollars claimed by her to have Special Session, December 12, 1951 735 been sustained when she fell on a sidewalk on the south side of Seminary Street and fractured bones in her left foot, was received by the City Clerk and referred to this office for investigation and report. After conferring with Mr. John J. Kintzinger, her attorney, it ap- pears that a compromise settle- ment of this claim may be made in the sum of Four Hundred ($400.00) Dollars, and it is re- commended that this claim be settled and compromised for said amount. It is further respectfully recom- mended that the City Treasurer be authorised to draw a warrant in favor of Irene 0. Cullen and John Kintzinger, her attorney, in the sum of $400.00 to be delivered to her upon the execution of a proper release. Respectfully submitted, ROBERT M. CZIZEK, Assistant City Solicitor. Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $400,00 in favor of Irene 0. Cullen and John J. Kintzinger, her at- torney, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. December 12, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The ordinance amending Ordin- ance No. 44-46 by repealing Sec- tion 1 and substituting a new Sec- tion 1 was referred to the City Manager and City Solicitor for study and report as to the limita- tions on rates and as to the is- suance of receipts upon payment of taxi fares. In regard to the issuance of re- ceipts, Ihave discussed this prob- lem with the taxi cab operators and find that there will be no difficulty in getting the drivers to issue receipts. I, therefore, have included a provision in the ordin- ance for a receipt to be issued upon the request of a passenger. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the communication of City Man- ager Schiltz be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb Schueller, Welu. Nays-None. December 11, 1951 Hon. Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: You have referred to me for opinion whether the ra4es and charges fixed for taxicabs are in- flexible or whether they are max- imum rates. Code Section 389.39, referring to cities and towns, says: "They shall have power: 2. to fix the rate and prices for the transportation of persons aid property from one part of the City to another (in taxicabs) and to require such persons to keep ex- posed to view, in or upon such vehicle, a printed table of the rates and prices so fixed." Taxicabs are generally regarded to be common carriers (69 A. L.It, 992) and common carriers @en- erally are prohibited from charg- ing any lesser rate that their posted schedule. Under a similarly worded pro- vision applying to fixing the rates and charges for truck operators in Heuer Truck Lines vs. Brownlee, 31 N.W. (2d) 375, the Court held a contract for less than the fixed rate to be invalid even though there was no discrimination in- volved because the trucker could not charge less than the rate fixed by the Commission. It is therefore my opinion that it was the intent of the Legislature to authorize the cities to establish an inflexible rate only, particularly since it would be illogical to re- quire the taxicabs to post the schedule of maximum rates when a lesser rate could be in effect. ~~w~y.w~'g xm,«+._...t.. ~ .. r,.r.. ...w.y.F~+ a „•s ~ , -.~' iu , ~~u,r~ 736 Special Session, December 12, 1951 This certainly would invite dis- crimnation against strangers who would have no way of knowing the effective rate. Respectfully submitted, T. H. NELSON. Councilman Welu moved that the opinion of City Solicitor Nelson 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. November 28, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of the Yellow, Black & White, Yellow and Checker Cab Company, also Veterans Radio Cab Company, was referred to the City Council and City Manager for further study. I have investigated the taxi rates iR cities comparable to Dubuque and find that the rates requested are justified. Every item of cost in this operation has increased considerably more since 1946 than the percentage of increase re- quested. It is my recommendation that the petition be granted and that Ordinance No. 44--46 be amended setting up the new rates. Respectfully submitted, L. J. St;nILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb Schueller, Welu. Nays-None. ORDINANCE N0. 66--51 An Ordinance amending Ordin- ance No. 44-46 by repealing Sec- tion 1 and Substituting a new Sec- tion 1 in lieu thereof, 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 separate days. Seconded by Coan- cilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 88.51 An Ordinance Amending Ordinance No. 44-46 by repealing Section 1 and substituting a new Section 1 In Iteu thereof. Be It Ordained by the City Coun Gil of the Clty of Dubuque: Section 1. That Section 1 of Or- dinance No. 44.46, being an Ordinance entitled "An Ordinance Regulating the operation of Taxicabs within the City of Dubuque and fixing the rates and prices to be charged [or the transportation of passengers from one part of the City to another, repeal- ing all Ordinances in conflict here- with and providing a penalty for a violation thereof" is hereby repealed and the following substituted there- for: "Section 1. The following rates and prices for the transportation oY pas- sengers by taxi-cabs are hereby fixed as the rates and prices to be charged for services rendered by the means above stated, to-wit: (a) For one passenger tram one part of the City of Dubuque to any other part thereof, Including such passenger's ordinary luggage, the sum ne soe; fb) For two or more passengers to and Including five passengers from one part of the City to any other part thereof, including such passengers' ordinary luggage, the sum of 75c; (c) Where two or more passengers board atax[-cab at the same place, from that place to any other part of the City as designated by each pas- senger, the passenger first alighting shall pay 60e and each other passen- ger shall pay 35c as he leaves the taxi-cab at his destination. These fares include the passengers' ordi- nary luggage; (d) Waiting time may be charged far on the following terms: At the rate of 13.00 per hour. No charge shall be made for waiting time under ten minutes. (e) Receipts shan be given to each passenger if it is requested by the passenger. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publi- cation, as by law provided. Introduced the 12th day of Decem- ber, 1951. Rule requiring reading on three sep- arate days suspended by unanimous vote the 12th day of December, 1951. Passed, adopted and approved this 12th day of December, 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- I~raph-Herald newspaper this 17th day ;.f December, 1951. J. J. Shea, It. Dec. 17 Ctty Clerk. Councilman Welu moved the Special Session, December 12, 1951 737 adoption of the ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. December 12, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Bus service will be initiated on December 17, 1951 for a trial period of ninety days extending to the end of Mt. Loretta Avenue. On December 26, 1951 bus service will be initiated on the same basis in the Park Hill area. Both of these buses will operate on a thirty minute schedule with the exception of Sundays and holi- days during periods from 6 A.M. to 8:30 A,M., 12 Noon to 1:30 P,M. and 4 P.M. to 6 P.M. The Park Hill route will be a stub feeder to the Main bus route on Central Avenue. It will be necessary during the winter months for the Street De- partment, Police Department and bus transportation company to co- operate to the fullest extent in carrying out this trial run and I have so notified the Interstate Power Company that we will do everything possible to keep the streets in as smooth a condition as possible. The people using the bus service in these two areas will be the ones to determine whether bus service will be continued after the trial period or possibly, the service in- creased. The officials of the Inter- state Power Company have been very cooperative in working out a scheme that will serve the greatest number of people and would at any time be glad to discuss any prob- lems with the City Council regard- ing operation. Respectfully submitted, L. J. SCHH.TZ, City Manager. Councilman Kolb moved that the communication of City Man- ager Schiltz be received and made a matter of record and the City Manager instructed to notify the officials of the Interstate Power Company of Council appreciation in this matter. Seconded by Coun- Gilman Welu. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. November 27, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I recommend to the City Council the adoption of an ordinance amending Ordinance No. 21-,51 which is an ordinance making ap- propriations for the year April 1, 1951 to March 31, 1952. This amended ordinance is necessary because the amount ap- propriated in the Street Construc- tion Fund is insufficient to cover the expense of additional street work made necessary due to ex- tremely bad weather conditions during the winter and spring. 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. ORDINANCE N0. 61-51 An Ordinance amending Ordin- ance No. 21-51, being an Ordin- ance entitled, "An Ordinance mak- ing appropriations for the expen- ditures of City Government of the City of Dubuque, Iowa, for the fiscal year beginning April 1, 1951 and ending March 31, 1952," adjusting various appropriations and amend- ing the distribution adopted by the City Council on February 23, 1951, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen ~x• .. ... m~~~~x,~~~ ~.,,.,,, n, ~~a~~.~ , . 738 Special Session, December 12, 1951 Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the ordinance just read being an ordinance appropriating money be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and terrain on file for public inspection for at least one week before final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-Novo. ORDINANCE N0. 68-51 An Ordinance allocating and making appropriations of tax levies and other sources of revenue to the expenditures for City Government in the City of Dubuque, for the fiscal year beginning January 1, 1$52 and ending December 31, 1952 and authorizing certain transfers of funds, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded br Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schue}Ier. Carried by the fallowing vote: Xeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the .,.',.:.,once just read, being an ordinance ar,..~x:iat4ng money be now considered complete in form for -final passage and further moved that the same be placed on Pile with tke City Clerk and re- main an file for public inspection for at least one week before final adoption. Seconded by Councilman Schueller. Carried by the followiag vote: Yeaa-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 441-51 {hhereas, Resolution No. 183--51 providing for a temporary transfer of $10,000.00 from the Consolidated Fund to the Municipal Golf Course Fund was arr:.~~~ed by the State Comptroller; and Whereas, the amount transferred must be returned to the Consoli- dated Fund; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that there be and there is hereby transferred from the Municipal Golf Course Fund the sum of $3, 400.00 into the Consolidated Fund; and Be It Further Resolved that the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to notify the Treas- urer of such transfer and such notification shall be accompanied by a copy of this resolution and the record of its adoption. Passed, adopted and approved this 12th day of December, 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- rigid by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 442-51 Whereas, the Finley Hospital of Dubuque, Iowa, has conveyed to the City of Dubuque Lot 2 of Lot 1 of Finley Home Addition and has dedicated said lot for street purposes to widen Allison Place: Now Therefore, Be It Resolved by the City Council of the Gtity of Dubuque that the dedication of Lot 2 of Lot 1 of Finley Home Addition as part of Allison Place be accepted. Passed, adopted and approved this 12th. day oP December, 1951 ROMOLO N. RUSSO, Mayor. GLAAENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. . Attest: J. J. SHEA, City Clerk. Special Session, December 12, 1951 739 Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 443-51 Resolution Authorizing the Con- veyance of Lot 1 of Rosedale Ad- dition in the City of Dubuque, County of Dubuque, State of Iowa. Whereas, the Independent School District of Dubuque, Iowa, a muni- cipal corporation of Dubuque County, Iowa, has agreed to trans- fer Lot 1 of Part of Lot 1 of Lot 1 of Mineral Lot 179; Lot 2 of Lot 2 of Part of Lot 1 of Lot 1 of Mineral Lot 179; and Lot 2 of Part of Lot 5 of Mineral Lot 179A; all lying north of Rosedale Avenue, to the City of Dubuque in considera- tion of the City of Dubuque deeding Gi the Independent School District Lot 1 of Rosedale Addition; and Whereas, the City Council has accepted the property of the In- dependent School District for street purposes and Lot 1 of Rosedale Addition is not suitable for any public purpose; Now, Therefore, Be It Resolved: That the Mayor is hereby auth- orized to execute a Quit Claim Deed in the name of the City of Du- buque conveying all its right, title and interest in: Lot 1 of Rosedale Addition to the Independent School District of Du- buque County, Iowa; That the City Clerk is hereby authorized and empowered to affix the Seal of the City of Dubuque to said deed; That the City Clerk is hereby authorized to deliver said deed to the said Independent School Dis- trict after proper hearing on the disposal. Introduced, approved and placed on file December 12th, 1951. Councilman Kolb moved that the resolution be approved and placed on file. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Counclmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 444--51 Whereas, applicators 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 City 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 Charles T. Snyder and Elsie R. Snyder, 543 Eighth Avenue. Sara Faigen, 399 East 20th Street. Passed, adopted and approved this 12th day of December, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Coancilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the followng vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 445-51 Whereas, heretofore applicators for Class "B" Beer Permits were fled by the within named appli- cants and they have receved the approval of this Council; and Whereas, the premises to be oe- cuped by such applicants have been inspected and found to comply 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 Charles T. Snyder and Elsie R. Snyder, 543 Eighth Avenue. Sara Faigen, 399 East 20th Street. Be It Further Resolved that the bonds filed by such applicants be 740 Special Session, December 12, 1951 and the same are hereby approved. ROMOLO N. RU5S0, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adopton of the resolution. Sec- onded by Councilman Schueller. 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 Counc>7man Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved 1952 Adopted 1952 Councilmen: { .................................. Attest :.............. . Clty Clerk. Special Session, December 20, 1951 741 City Council (OFFICIAL) Special Session, December 20th, 1951. Council met at 4:30 P.M. Present-Mayor Russo, Council• men Austin, Schueller, Welu. City Manager Schiltz. Absent~Councilman Kolb. Meeting called by order of Coun- cilmen Welu 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 for final adoption Ordinance No. 671, an Ordin- ance amending Ordinance No. 211, being an Ordinance En- titled, "An Ordinance Making Ap- propriations for the Expenditures of City Government of the City of Dubuque, Iowa, for the fiscal year beginning Aprii 1, 1951 and ending March 31, 1952," adjusting various appropriations and amending the distribution adopted by the City Council on February 23, 1951, and acting on any other business as may properly come before a regular meeting of the City Council. Notice of Claim of Marvin S. Sweeney in the amount of $55.70 for damages to his car caused in striking a protruding manhole on Ninth Street between the Leo F. Bly Co. and the Milwaukee Rail- road tracks, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schueller. Carried b~ the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent^Councilman Kolb. Communication of Rt. Rev. Msgr. J. M. Wolfe submitting his resigna- tion as a member of the Planning and Zoning Commission and also as a member of the Board of Ad- justment, presented and read, and upon motion the resignation was accepted with regret and the Mayor instructed to forward a letter of Council appreciation to Rt. Rev. Msgr. J. M. Wolfe for services rendered as a member of both the Planning and Zoning Commission and the Board of Adjustment. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of J. Stanford Duffy, Guardian of Mary E. Duffy, re- questing that the sum of $13.45 be paid to the H. B. McCarten Plumbing and Heating Company for services performed as a resident- ial dwelling located at 1339 bit. Pleasant Street caused by the main sewer backing up into the basement of the above residence, presented and read. Councilman Welu moved that the petition be referred to the City Manager and City Solicitor for in- vestigation and report. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent~Councilman Kolb. December 20, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of November, 1951; also list of claims and list of payrolls for which warrants were issued for the month of No- vember, 1951. Respectfully submitted, L. J. St;nu.TZ, City Manager. Councilman Welu moved that the reports be received and placed on file. Seconded by Councilman Austin. Carried by the following vote Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent--Councilman Kolb. December 19, 1951 Honorable Mayor and Members of the City Council. Gentlemen: On September ii, 1951, the claim of Tom Gaynor in the sum of $46.00 was filed with the City Clerk, which claim was subse• 742 Special Session, December 20, 1951 quently referred to this office far investigation and report. After due investigation it was found that the Gaynor automobile was damaged when it struck an unlighted ditch in the street on West 17th Street. This hole in the street was cause by an excavation made by Braconier, the plumber, who was doing some work at that place. The work had been com• plated and the street filled in, but apparently, the fill sunk leaving the hole in the street. It is recommended that said claim be paid and the City Auditor be instructed to draw a warrant io favor of Tom Gaynor in the sum of $46.00, to be delivered to him upon his execution of a proper release. Respectfully submitted, ROBERT CZIZEK, Assistant City Solicitor. Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be arr. ~ red and the City Auditor instructed to draw a warrant in the amount of $46.00 in favor of Tom Gaynor, as settlement in full of his claim, and that said warrantbe delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor `Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent.-Councilman Kolb. RESOLUTION N0. 416-51 Be It Resolved by the City Council of the City of Dubuque that the following, having com- plied with .the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Robert J. Egelhof (Effective 1/1/52), 53 West 12th Street. Elizabeth M. Henning (Effective 1/1/52), 678 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 20th day of December, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, 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 Schueller. Carried by the following vote: Yeas-Mayor Russo, CouncIlmen Austin, Schueller, Welu. Nays-None. Absent--Councilman Kolb. RESOLUTION N0. 411-51 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 City 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 Elizabeth M. Henning, 678 Cen- tral Avenue. Robert J. Egelhof, 53 West 12th Street. Passed, adopted and approved this 20th day of December, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, 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 Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 418-51 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 Special Session, December 20, 1951 743 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 City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Elizabeth M. Henning, 678 Cen- tral Avenue, Robert J. Egelhof, 53 West 12th Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby arrayed. Passed, adopted and approved this 20th day of December, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, 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 Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Councilman Kolb entered the Council Chamber and took his seat at 4:40 P.M. ORDINANCE N0. 61-51 An Ordinance Amending Ordin- ance No. 21-51, being an Ordin- ance Entitled, "An Ordinance Mak- ing Appropriations for the Expen- ditures of City Government of the City of Dubuque, Iowa, for the Fiscal Year Beginning April 1, 1951 and Ending March 31, 1952," Adjusting Various Appropriations and Amending the Distribution Adopted by the City Council on February 23, 1951, said Ordinance having been passed upon first read- ing on December 12th, 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. 61-51 An Ordinance Amending Ordin- ance No. 21-51, being an Ordin- ance Entitled, "An Ordinance Making ANr.~r.rations for the Ex- penditures of City Government of the City of Dubuque, Iowa, for the Fiscal Year Beginning April 1, 1951 and Ending March 31, 1952," Adjusting Various ANr.,,r.:ations and Amending the Distribution Adopted by the City Council on February 23, 195E Whereas, Ordinance No. 211 making appropriations for the fiscal year 1951-52 of the City of Dubuque was adopted by the City Council on March 28, 1951; and Whereas, the City Council found it necessary to increase the street construction work due to extraordi- nary conditions; and Whereas, the approval of the State Comptroller was had on Rena lution No. 432-51 transferring $37,200.00 from the Emergency Fund to the Street Construction Fund; and Whereas, it is necessary to ad- just the arr.~rriations heretofore made in order to provide for the payment from the proper funds for the above purpose; and Whereas, the revision will in- volve no increased taxes; Now Therefore, Be It Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 211 being "An Ordinance Mak- ing Appropriations for the Expen- ditures of the City Government of the City of Dubuque, Iowa for the Fiscal Year Beginning April 1, 1951 and Ending March 31, 1952" be and the same is hereby amend- ed by the following changes: Item 132--Street Repair & Grad- ing from $87,500 to $126,925.47. Item 135 -Street Construction from $110,000 to $95,104.74. Item 161-Bridge Viaduct Work from $35,000.00 to $10,469.79. Section 2. That the detailed dis- tribution adopted by the Citq Council on February 23, 1951 and made a part of Ordinance No. 21-51 by reference should be and the same is hereby amended by making the following changes: Item 132~treet Repair & Grad- ing from $67,500 to $126,925.47. Item 135 -Street Construction from $110,000 to $95,104.74. Item 161-Bridge & Viaduct Work from $35,000 to 510,469.79. 744 Special Session, December 20, 1951 { Section 3. This ordinance, in the interest of the preservation of pub- Approved -1952 lic peace, health, safety and the Adopted general welfare of the City and ~~ being deemed urgent and of im• ' •••••.• ............................... mediate necessity shall be in force and effect from and after its final ...................................... passage, adoption and ar,.. ~ , al by Councilmen ...................................... the City Council and publication by law provided, and the apps ...................~.............~.... priations herein provided shall be ....................................... available and transferred to the Attest :.................................................. 1 Proper funds. City Clerk Passed, upon first reading this ]2th day of December, 1951. Passed, adopted and ar~p.~,ed upon final readmg this 20th day of December, 195E ROMOLO N. RUSSO, Mayor. CLARENCE P. w~LU, RAY F. HOLB, RUBEN V. AUSTIN, LEO N. SCHIJELLER, Councilmen. Attest: J. J. SIiEA, City Clerk. Published officially in The Tele- '~ graph-Herald newspaper this 21st day of December, 1951. J. J. SHEA, City Clerk, j Councfiman Welu moved the adoption of the ordinance. Sec- onded by Councilman Kolb. Car• rigid by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Mayor Russo announced the ap- pointment of Councilman Ray F. Kolb and Councilman Clarence P. Welu as the two Council members to -.r; sent the City of Dubuque '~ on the Board of Directors of the Dubuque Community Chest. 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, Welu. Nays-None. J. J. SHEA, City Clerk. ~+ ~ a ,,,~~,,~~, ~~