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1948 November Council ProceedingsRegular Session, November Ist, 1948 439 City Council (OFFICIAL.) Regular .Session, November 1st, 1948. Council met at 7:30 P. M. Present-Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. City Manager Rhomberg. Absent-Councilman Thompson. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come be- fore the meeting. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the. Council Chamber, who wishes to do so, to address the Ceuncil. Seconded by Council• man Moffatt. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Mr. Nick Grommersch addressed the Council requesting that a grade be established on Sabula Street between Muscatine Street and Burlington Street. Councilman Murphy moved that the request be granted. Seconded by Council- man Wharton. Carried by t h e following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Notice of claim of Ed. Alber in the amount of $18.29 for damages to his car caused in hitting a main in the Street on Vernon Street at the bottom of the hill, presented and read. Councilman M u r p h y moved that the Notice of Claim be referred to the City Solicitor far investigation and report. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Notice of Claim of H. J. Riesel• man in an unstated amount for injuries caused by falling into a pit from which the grating had been removed located across the street from. the Julien Dubuque Hotel near Second Street, pres• ented and read. Councilman Moff- att moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Sec• onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Notice of Claim of Adele O'Brien By John I{. Chalmers, Her At- torney, in an unstated amount for injuries sustained inside of a picnic shelter or pavilion in Eagle Point Park in the City of Dubuque, Iowa, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Sol- icitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Notice of Claim of Richard E. Gray in an unstated amount for damages to his car caused in strik- ing two unmarked excavations on Nevada Street just past the inter- ' section of Solon and Nevada St., presented and read. Councilman Wharton moved that the Notice of Claim be referred to the C it y Solicitor for investigation and re• port. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent - Councilman Thomp- son. 44o Regular Session, November lst, 1948 Communication of Lydia M. Specht submitting offer in the amount of $100.00 for property own- ed by the City of Dubuque on the hillside from the Armory line to Bockes line on Valley Street 200 feet back into the hill, presented and read. Councilman M u r p h y moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Revocation of Power of Attorney of Eugene G. Zumhof by the New Amsterdam Casualty Company, pre- sented and read. Councilman Whar• ton moved that the Revocation of Power of Attorney of Eugene G. Zumhof be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: ' Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Communication of the National Institute of Municipal Law officers extending invitation to the City of Dubuque to send the City Solicitor to the conference to be held in Washington, D. C. on December 2, 3 and 4, 1948, presented and read. Councilman Murphy moved that the City Solicitor be authorized to attend the conference at City ex- pense providing that he desires to attend. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Communication of the Dubuque Women's Club stating that they are opposed to the designating of Twelfth Street as 'a highway, pres- ented and read. Councilman Whar- ton moved that the communication be referred to the Council. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Communication of Pearl McIlver, R. N., Chairman, Diamond Jubilee Committee of Nursing, asking that the Mayor issue a proclamation designating November 14 through 20 as Nursing Progress Week, pre- sented and read. Councilman Whar- ton moved that the Mayor b e authorized to comply with the re• quest. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Communication of the Women's Service League of St. John's Epis- copal Church stating that they wish to protest Twelfth Street be- ing contemplated as a highway, presented and read. Councilman Moffatt moved that the communica- tion be referred to the Council. Sec- onded by Councilman Murphy, Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Communication of the Dubuque Council of Parent-Teacher Associa- tions Dubuque Public Schools stat- ing that the Council voted to pro- test the making of Twelfth Street an arterial road, presented a n d read. Councilman Murphy moved that the communication be refer- red to the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, C o u n c i ]men Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Regtilar Session, November 1st, 1948 441 Petition of the Marshall Pafent Teachers Association requesting the reconsideration of plans for making Twelfth Street an arterial highway, presented and read. Coun- cilman Wharton moved that the petition be referred to the Coun- cil. Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Petition of the Audubon Parent Teachers Association requesting the members of the City Council to change their plans of making Twelfth Street a boulevard, pres- ented and read. Councilman Moff• att moved that the petition be referred to the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Communication of the Council of Churchwomen and the Women's Service League of St. John's Epis• copal Church stating that they have gone on record to submit a complaint regarding the drinking and drunkenness in the various City parks, presented and read. Councilman Murphy moved that the communication be referred to the Park Board. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Mcffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son Petition of O'Connor, Thomas & O'Connor, By E. Marshall Thomas, requesting that the City of Du- buque execute a quit claim deed to Mr. and Mrs. W. L. Schmeichel of the westerly 28 feet of Lot 14A and the easterly 20 feet of Lot 15A in Paulina Langworthy's Sub- division of Lot 5 of Mineral Lot 73 in the City of Dubuque, Iowa, for the purpose of perfecting title, presented and read. Councilman Wharton moved that the petition be referred to the City Solicitor for investigation and report. Sec• onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent - Councilman Thomp- son. Petition of Mrs. Gladys Arthofer et al requesting that another street light be installed between the cor- ners of Windsor and Davis Avenues an I. C. Academy, presented and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Wharton L"arried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Petition of Sidney H. Veaco re- questing arefund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 254 as he has discontinued business on October 1st, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Sidney H. Veaco to cover the amount of refund grant- ed on the unexpired portion of his Cigarette Permit No. 254. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharten. Nays -None. Absent -Councilman Thomp• son. Petition of Mrs. Margaret Barr• ington requesting a refund in the amount of $50.00 on the unexpired portion of her Cigarette Permit No. 105 as she has discontinued business on October 26, 1948, pres- 442 Regular Session, November 1st, 1948 ented and read. Councilman Mur• phy moved that the request be granted and the City Auditor be instructed to draw a warrant in the amount of $50.00 in favor of Mrs. Margaret Barrington to cover the amount of refund granted on the unexpired portion of her Ciga- rette Permit No. 105, Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Petition of Mrs. Margaret Barr- ington requesting a refund in the amount of $150.00 on the unex• pired portion of her Class "B" Beer Permit as she has discontinued business on October 26, 1948, prex- ented and read. Councilman Whar- ton moved that the request be granted and the City Auditor in- structed to draw a warrant in the amount of $150.00 in favor of Mrs. Margaret Barrington to cover the amount of refund granted on the unexpired portion of her Class "B" Beer Permit No. 39. Seconded by Councilman Murphy. Carried b y the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Petition of the Dubuque County Tuberculosis Association request- ing permission for holding its regu• lar annual tag-day sale on Friday evening, December 10th and Satur• day, December 11th, 1948, pres- ented and read. Councilman Moff• att moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Petition of Mr, and Mrs. Clarence Fenche] et al requesting that a street light be placed on Bennett Street midway between Algona Street and McCormick Street, pres- ented and read. Councilman Whar- ton moved that the petition be ra ferred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays - None. Absent -Councilman Thomp• son. Petition of Rose Carolan re- questing the rezoning of the block between 24th Street and 25th St. from Washington Street to the alley first east to a Local Business District, presented and read. Coun- cilman Murphy moved that the petition be referred to the Plan• ning and Zoning Commission for their recommendation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None, Absent -Councilman Thomp- son. Petition of Katie A. Miller, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1947 tax on Lot 10 Johnaton's Sub., presented and read. Councilman Moffatt moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Petition of the Interstate Power Company requesting permission to locate po)~s and wires on City owned property at a point approxi• mately 10 feet south of the north line of Sections 31 and 30, com• mencing at a point on .the west boundary line of Salina Street, thence west to a point on the Regular Session, November 1st, 1948 443 same boundary line on South Lo- cust Street, presented and read. Councilman Moffatt moved that the petition be referred to the Council to view the grounds. Sec• onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Petition of Fred H. Cooper and Leo V, Cunningham requesting a refund in the amount of $50.00 on the unexpired portion of their Class "B" Beer Permit No. 142, as they have dissolved partnership an Nov. 1, 1948, presented and read. Coun- cilman Murphy moved that the re- quest be granted and the City Auditor instructed to draw a war• rant in the amount of $50.00 in favor of Fred H. Cooper and Leo V, Cunningham to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 142. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Petition of Fred H. Cooper and Leo V. Cunningham requesting a refund in the amount of $50.00 on the unexpired portion oY their Ciga- rette Permit No. 170, as they have dissolved partnership on Novem- ber Lst, 1948, presented and read. Councilman Moffatt moved t b a t the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Fred H. Cooper and Leo V. Cunningham to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 170. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays - None Absent -Councilman Thomp• son. Communication of the Board of Education Independent School Dis- trict of Dubuque advising Council that after consideration of the latest plan presented by Mr. Hart- zog for the extension of Grand- view Avenue, through the Dubuque High School grounds, and after numerous conferences with Mr. Robinson, their landscape architect and after considering the best in- terests of both the school and city, it is the unbiased opinion of the Board of Education that the ex- tension of Grandview A v e n u e should go around the west end of the school grounds, presented and read. Councilman Murphy moved that the communication be receiv- ed and filed. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Petition of John A. Armstrong requesting that the Mayor a n d Clerk be authorized to execute a new Quit Claim Deed to him con- veying the Northerly I40 feet of Lots 2 and 4 of Block D of In- dustrial Sub, in order to clear up the discrepancy in the former deed presented and read. Councilman Wharton moved that the request be granted. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Naps -None. Absent -Councilman Thomp- son. RESOLUTION N0. 226 - 48. WHEREAS, application of John A. Armstrong has been filed asking far a Quit Claim Deed to the northerly 140 feet of Lots 2 and 4 of Block D of Industrial Sub- division in the City of Dubuque, Iowa, to clear up defect in Quit Claim Deed executed conveying to him the above described property and the Council deems it advis- able to grant the Application. 444 Regular Session, November 1st, 1948 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that the Mayor and Clerk of said City of Dubuque be, and they are hereby authorized and directed to execute a Quit Claim Deed on behalf of the City of Dubuque conveying the above described property to Jahn A. Arm- strong, and to affix thereto the official seal of said City and de- liver said deed to John A. Arm- strong, the owner of said property. The purpose being to cure defect in Quit Claim Deed executed on July 10, 1946, conveying the same property to the same purchaser, Passed, adopted and approved this 1st day of November, 1948. FRANK VAN DUELMAN Mayor GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays-None. Absent -Councilman Thomp• son. October 29, 1948 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Dubuque Planning & Zoning Commission respectfully submits for your consideration a recent re- port of Justin Hartzog on "Pro- posed Kane Heights Development". This shows a passible ultimate 2480 family neighbonc~od u p o n which Mr. Hartzog recommends a modest but determined start on a hundred family or smaller section at Kaufman and Kane .Sts. Natural• ly this looks far into the future, but presents a housing develop- ment more or leas independent of the rest of the city which would tie in with Dubuque's industrial district at the north of the city with the minimum addition to the traffic load on down-town arteries and services. In this connection the Planning & Zoning Commission also pres- ents to your honorable body Mr. Hartzog's recommendation for the extension of Grandview Ave, in a direct route northerly through the Senior High School grounds to the proposed Kane Heights Develop- ment. This plan would seem to meet all reasonable objections raised by the School authorities, The aerophotograph attached to the Kane Heights Development re• port makes obvious to all the vital importance of the direct rout- ing of traffic, both normal and emergency as provided in this pro• posed Grandview Ave., extension. For fire protection and other em- ergency movements over the hills to the north during hours of con- gestion on down town streets, this proposed highway is essential. These two projects are the nat- ural results of the growth of Du• buque. Similar proposals are every day affairs in expanding cities everywhere, Yours truly, The Dubuque Planning & Zoning Commission. By ..............................Secretary R. V. Mc KAY Councilman Wharton moved that the reports and maps be received and placed on file and the com• munication of the Planning and Zoning Commission made a matter of public record. Seconded by Coun- cilman Murphy. Carried by t h e following vote: Yeas -Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Councilman Murphy moved that the City Council request the Planning and Zoning Commission to suggest and recommend the im• mediate steps to be taken upon the proposal 'to extend Grandview Avenue in a direct route northerly through the Senior High School grounds to the proposed Kan e Heights Development. Seconded by Regular Session, November 1st, 1948 445 Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. ORDINANCE N0. 18 - 48. An Ordinance designating inter- section at Avoca Street and Rose- dale Avenue as a stop intersection, providing for the erection oY stop signs and a penalty far the viola- tion thereof, said ordinance having been passed upon first reading on October 5th, 1948, and ordered plac- ed on file with the City Clerk for public inspection for at least one week before its final adoption was presented for final adoption. ORDINANCE N0. 18 • 48. An Ordinance designating inter- section at Avoca Street and Rose- dale Avenue as a stop intersection, providing for the erection of stop signs and a penalty for the viola- tion thereof. Be it Ordained by the City Coun• cil of the City of Dubuque: Section 1. That the intersection of Avoca Street and Rosedale Ave, in the City of Dubuque be, and the same is hereby designated a_ stop intersection. Section 2. That stop signs shall be erected on Avoca Street on both sides of Rosedale Avenue, and all vehicles shall come to a full stop before entering and tra- versing Rosedale Avenue from Avoca Street. Section 3. That any person, firm or corporation violating the pro- vision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be pun- ished by fine not to exceed $100.00 and by imprisonment of not more than 30 days. Section 4. That any and all Ordinances or parts thereof in con- flict herewith are hereby repealed. Section 5. This Ordinance shall be in force and effect ten days from' and after its final passage, adoption and approval by the City Council and publication as by law provided. Passed upon first reading this 5th day of October, 1948. Passed, adopted and approved upon final reading this 1st day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W, W. MOFFATT Councilmen. Attest: J. J. SHEA, City Clerk, Published officially in The Tele- graph-Herald newspaper this 4th day of November, 1948. J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the ordinance. Second- ed by Councilman Moffatt, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Council Proceedings for t h e month of February, 1948 presented for approval. Councilman Murphy moved that the Council Proceed• ings for the month of February, 1948, be approved as printed. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Dubuque, Iowa, November 1st, 1948 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1946, the Civil Service Commission conduct- ed an entrance examination on October 5th, 1948, for those seek- , ing positions for appointment on the Fire Department. The following are the names of Those whc passed the written and 446 Regular Session, November 1st, 1948 physical examinations and their names are hereby certified for ap- pointments as members of the Fire Department. NAME Average Thomas L. Hickson 85. William J. Meyer 74. John Pregler 74. Joseph A. Lakeman 72. Joseph L. Jungblut 71. Respectfully submitted, C. S. HARKER Chairman. E. B. LYONS R. M. BENN Commissioners. Attest: J. J, SHEA Clerk. Subscribed and sworn to before me, a Notary Public, this 1st day of November, 1948. GERALDINE L. JENNI. Notary Public. Councilman Murphy moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Dubuque, Iowa, November 1st, 1948. To the Honorable Mayor and Members oY the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provis• ions of the Code of Iowa, 1946, the Civil Service Commission conducted an entrance examination on Oct• ober 5th, 1948, for those seeking positions for appointment on the Police Department. The following are the names those who passed the written an~ physical examinations and their names are hereby certified for ap- pointments as members of the Police Department. NAME Average Eldon A. Adams gg, Ivan S. Dow 77, Pau] T. Neyens 7B, Respectfully submitted, C. S. HARKER Chairman E. B. LYONS R. M. BENN Commissioners. Attest: J. J. SHEA Subscribed and sworn to before me, a Notary Public, this 1st day of November, 1948. GERALDINE L. JENNI, Notary Public. Councilman Moffatt moved that the report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Murphy. Carried b y the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. October 13, 1948. To the Honorable Mayor, City Council and City Manager. Dubuque, Iowa. Gentlemen: In accordance with your instruc- tions contained in the Resolutions listed below, I wish to report as follows; RESOLUTION N0. 141 - 48. $7,500.00 of Special Assessment bonds for the improvement of Audubon Street were offered for sale on August 25, 1948 after prop- er advertising. A bid of par and accrued interest, by Peter H. Mc- Carthy was accepted and the bonds were awarded to him. RESOLUTION N0. 159 - 48. $4,OOG.00 of Special Assessment bonds for the improvement of Gan- dclfo Street were offered for sale on Sept, 8, 1948 after proper ad• vertising. No bids wore received at the time of the sale and the bonds were subsequently sold, over the counter, to local investors at par and accrued interest. k ~. , 6 i i Regular Session, November 1st, 1948 447 RESOLUTION N0. 161 48. $1,700.00 of Special Assessment bonds for the York Street Sewer improvement were offered for sale on Sept. 8, 1948 after proper ad- vertising. No bids were received at the time of the sale and the bonds were subsequently sold, over the counter to local investors, at par and accrued interest. RESOLUTION N0. 199 48. $3,500.00 of Special Assessment bonds for the improvement of For- est Lane were offered for sale on October 1, 1948 after proper ad- vertising. No bids were received at the time of the sale and the bonds were subsequently sold, over the counter to local investors, at par and accrued interest. RESOLUTION N0. 201 - 48. $1,300.00 of Special Assessment bonds for the improvement o f Diamond Street were offered for sale on October 1, 1948 after proper advertising. No bids were received at the time of the sale and the bonds were subsequently sold, over the counter to local investors, at par and accrued interest. Respectfully submitted, EDWARD M. TSCHIRGI, City Treasurer. Councilman Murphy moved that the report of City Treasurer Tschirgi be received and made a matter of record. Seconded b y Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Preof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of September, 1948, presented and read. Council- man Wharton moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. October 30, 1948, To the Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: A petition of the Dubuque Roof- ing Company, 10.21 East Sixth Street attached hereto has been referred to me for investigation and report. I have made an investigation and insofar that it only affects one business firm, I herewith recom- mend that there be no restriction on East Sixth Street between Cen-~ tral Avenue and White Street. Respectfully yours, JOS. H. STRUB Chief of Police. Councilman Wharton moved that the recommendation of Chief of Police Strub be approved. Second• ed by Councilman Murphy. Carried by the following vote: Yeas -'.Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent - Councilman Thomp- son. October 30, 1948. To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: Due to poor visibility and narrow streets we have been experiencing considerable traffic hazards at the intersection of East 21st Street and Washington; and East 21st St. and Elm Street. Because of this hazard I here- with recommend that Washington and Elm Streets at the intersec- tion of East 21st Street be made a stop intersection causing N o r t h and South traffic on Washington and Elm Streets to stop before tra- versing East 21st Street. Respectfully yours, JOS. H, STRUB, Chief of Police, Councilman Murphy moved that the recommendation of Chief of Police Strub be approved and the proper proceedings ordered pre- 448 Regular Session, November 1st, 1948 pared. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. October 26, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the communica• tion of one Helen C. Henninga in regard to the construction of T Hangars at the new Municipal Airport which was referred to me for investigation and report, I find that the Eudget Law in the State of Iowa was complied with and that bids were received for the erection of sixteen unit T Hangars and that a report of the City Manager was filed stating that on the basis of the lowest bids re- ceived it would make it impractic- able for the city to rent space for privately owned aircraft at reasonable rates and that the bids were rejected. Thereafter the City Manager under the direction of the City Council proceeded to erect the hangers. It is provided by the 1940 Code of Iowa as follows: "330.2 Powers. Cities and towns shall have the right to acquire, establish, improve, maintain and operate airports, either within or without their corporate limits, and either within or without the ter- ritorial limits of this state." "330.0 Improvements. Any s u c h city or town may erect on any land so acquired, or owned by it, such buildings and equipment, and make such improvements as may be necessary for the purpose of adapting such property to the use of aerial traffic." Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Wharton moved that the report of City Solicitor Kint- zinger be received and made a matter of record. Seconded b y Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. October 7, 19 4 8. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the law suit now pending in the District Court of Iowa in the case of Mildred Chatfield, Administratrix of t h e Estate of Harold Chatfield, deceas- ed, vs, City of Dubuque, Iowa, claiming $10,000.00 damages and that on or about January 24, 1948, Harold Chatfield was walking in a careful and prudent manner from the east to west side across Elm Street in the north crosswalk of Twenty First Street, at which time he slipped and fell on a rough, un• even, irregular accumulaion of ice and snow on said crossing sustain- ing severe and painful injuries which resulted in his death on or about the 2nd day of March, 1948. After conference with L o u i s Fautsch, Attorney for Plaintiff, they have agreed that they will accept $500.00 in full payment of their claim. I recommend that this claim be allowed in the sum of $500.00 and that a warrant be issued payable to Louis Fautsch, Attorney for Mild• red Chatfield, Administratrix of the Estate of Harold Chatfield, deceased, and delivered upon de• livery to the City of a release properly executed and upon dis- missal of said action. Yours truly, JOHN J. KINTZINGER City Solicitor, Councilman Wharton moved that the recommendation of City So- licitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $500.00 in favor of Louis Fautsch, Attorney for Mildred Chatfield, Administra• ~, i ,. G Regular Session, November 1st, 1948 449 trix of the Estate of Harold Chat- field, deceased, as settlement in full of the claim and law suit, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release and upon dismissal of said law suit. Seconded by Councilman Moffatt. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. October 26, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: ~! With reference to the claim en- ~~ titled Charles Lightfoot, claimant, vs. City of Dubuque, defendant, in the District Court of Iowa in and for Dubuque County claiming $750. damages Yor injuries sustained by claimant on February 3, 1948, at the intersection of Second a n d Main Street, at which time claim- ant claims that he stepped into the street at the Southwest cor- ner of said intersection onto an accumulation of ice which w a s rough, rounded, uneven, sloping., slanting and slippery and fell fract- uring two bones in his left hand, bruising his body and limbs, and producing shock to his nervous system. After several conferences with his Attorney, they have agreed to settle this claim for $200.00. I recommend that the claim be allowed in the sum of $200.00 antl that a warrant be issued payable to Robert H, Kintzinger, Attorney for Charles Lightfoot, for s a i d amount and delivered to him upon delivery to the City of a release properly executed by claimant. Yours truly, JOHN J. KINTZINGER, City Solicitor Councilman Moffatt moved that the recommendation of City So- licitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $200.00 in favor of Robert H. Kintzinger, Attorney for Charles Lightfoot, as settlement in full of the claim and that said warrant be delivered up• on receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son October 29, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of one Neil Schubert for damages caused to his car on or about Aug- ust 26, 1948, when he pulled into the curb to park on 7ih Street near Central and ran into a drain plate sticking out on the sidewalk `where the curb had been broken out. I have been to the scene of the accident and am of the opinion that this spot, as shown by the pictures attached to his claim, is a dangerous condition. The extent of his damages are $20.50. I recommend that his claim be allowed in the sum of $20.50 and that a warrant be issued payable to him far that amount and deliver- ed to him. upon delivery to the City of a release properly executed. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City So- licitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $20.50 in favor of Neil Schubert, as settle- ment in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son, 45o Regular Session, November 1st, 1948 October 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the objections filed by Rosa Jungwirth to the special assessment for Vernon and Edina Streets sewer levied against Lot 1 of Mt. Pleasant Addition of Sub. 1 of 9 in the amount of $4.52.55. The objector has agreed to pay the sum of $225.00 in full payment of the assessment which would leave a balance of $227.55. I recommend that upon the pay went of $225.00 by Rosa Jung- wirth she be given a receipt in full payment of said assessment and that the balance due on said assessment in the sum of $227.55 be paid from the Consolidated Fund of the City of Dubuque. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Wharton moved that the recommendation of City So- licitor Kintzinger be approved. Sec- onded by Councilman Murphy. Car- ried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton, Nays -None. Absent -Councilman Thomp- son. October 18, 1948 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 Septem- ber, 1948, also list of claims and list of payrolls for which warrants were issued for the month of Sept- ember, 1948. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Wharton, Carried by the following vote: Yeas - Mayor Va^ Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent - Councilman Thomp- son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held September 24th the com• munication of the Planning and Zoning Commission recommending denial of the petition of Loras College asking for the vacation of Helena Place on the grounds that the access to the Loras Academy building for fire protection in par- ticular and for traffic circulation generally would be restricted, was referred to the Council to view the grounds. The Council having viewed the premises and having consulted with the Loras College authorities concluded that the purposes of Loras College could be served and the objections of the Planning & Zoning Commission overcome by vacating the portion of Helena Place beginning one hundred feet westerly of the west property line of Henion Street, westerly to its terminus and allowing the easterly portion of Helena Place to remain open for fire protection and traffic circulation. I recommend that this proposal of the City Council be referred to the Planning and Zoning Commis- sion for its report and recommend- ation. Respectfully submitted, A. A. RHOi4IBERG City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec• onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Regular Session, November Ist, 1948 451 November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, I have contacted various experts in the field of gas utilities work for the purpose of inquiry into the re- quest of the Key City Gas Com- pany for increased rates for their product. The attached letter from the firm of Black &Veach, Con- sulting Engineers of Kansas City Missouri, outlines their availability for this work and their schedule of fees. I recommend that the firm of Black & Veach be retained by the City of Dubuque for inquiry into and conferences concerning t h e subject of gas rates. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays-None. Absent -Councilman Thomp- son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The development of Xavier Hos- pital near the intersection of Wind- sor Avenue and Davis Street will generate an additional amount of traffic on Windsor Avenue in an area that has been rapidly develop- ing. Windsor Avenue is on a bus route and during the progress of funerals is at times congested. Particularly is this the case on Memorial and Armistice Day ser- vices. I recommend that plans be pre- pared for the elimination of the center parkways in Windsor Ave., and a hearing scheduled during the winter for such improvement. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Wharton moved that the communication of City Man- ager Rhomberg be referred to the Council to view the grounds. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held October 4, 1948 the petition of Car] Schmidt, individually and Carl Schmidt as guardian of the estate of Rebecca Schmidt, incom- petent, by E. H. Willging, Attorney requesting the Council to take steps to termina!e the nuisance created by Carr, Adams and Collier Co. and Farley and Loetscher Man- ufacturing Co. was referred to the City Council, City Manager and City Solicitor to view the grounds. The premises having been in- spected by the above group, it was concluded that the two woodwork• ing companies be informed of the complaints and the both of them requested to outline in writing to the City Council their plans for the correction of the subject matter of the complaint. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be apps°oved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son, 452 Regular Session, November 1st, 1948 November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session oY the City Coun- cil held September 7, 1948 the petition oP doe Peter and others requesting the installation of sewer and water mains in St. Ambrose Street Yrom Seminary Street north and the installation of a water main in Hazel Street from Sem- inary Street westerly to the city ]invite, was referred to the City Council to view the grounds. The Council having viewed the premises decided to have plans and specifications prepared Y o r these improvements. I recommend that the decision oY the Councit be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. onded by Councilman Moffatt. Car- ried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held September 24, 1948 I was requested to advise you on the advisability of commencing con• atruction of the sewage disposal plant for the city and of the ways and means of financing such a pro- ject. As you know, there are com- plete plans and specifications on hand for a sewage disposal plant, The necessary intercepting sewers and pumping lift plants to care for the sewage along East Fourth Street and from the Dubuque Pack• ing Plant and the areas adjacent thereto. I am advised by the con• salting engineering firm of Con- soer, Townsend and Associates, who prepared the plans, that the estimate of the cost of this work at present day prices, is approxi• mately $1,750,000.00. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held September 7th the peti- tion of Wilfred E. Datisman and others requesting installation oY a street light at the intersection of Apple and Oak Streets was referr- ed to the Council to view the grounds. The Council having viewed the premises decided to grant the re- quest. Irecommend that the de- cision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Man• ager Rhomberg be approved. Sec- It is possible to finance the con- struction of such sewage works by the issuance of either general obli- gation bonds or by so-called rev- enue bonds. The retirement o f these bonds, together with the maintenance and operation costs of the sewage works, can be accom• plished either by direct real estate tax levies in the case of general obligation bonds or by the collec- tion of sewage service fees in the case of revenue bonds. The latter method, that of the collection of sewage service tees, usually as a percentage of the water bill, is the more common and prevails in most places. It would be the method that I would recommend for your consideration. The current Nation- al Stream Polution Bill has a provision wherein the Federal Government will loan the munici• polity a maximum of $250,000.00 a.' Regular Session, November Ist, 1948 453 at a 2 percent interest rate. This Federally guaranteed loan can be made subordinate to any other fin- ancing. There is at the present no man• date upon the City oY Dubuque to treat its sewage. The trend in this direction over the past several ses- sions of Congress indicates that more and better legislation may be in the offing. After a full and com• plete discussion of this subject with the consulting engineers, I recommend that the City Council defer action on the construction of the sewage disposal plant until after the next session of the Na- tional Congress. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None, Absent -Councilman Thomp- son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As you know the Water Depart- ment of the City of Dubuque has on hand plans and specifications for the softening oY the municipal water supply. There has been an increasing amount of interest in the development of this project and there can be little question but that the public advantages and conveniences of soft water would be of great benefit to the citizens. The latest estimate of the cost based on present day prices is $560,000.00. It appears that the City of Du- buque would be able to issue rev- enue bonds for possibly a 2 1.4 per- cent interest rate or at 2 1.2 per- cent at the most. The retirement of these bands together with the maintenance and operation costs of the water softening plant, would be wholly from Water Department revenues. The present water rates would of necessity have to be in• creased to provide the additional revenues. I recommend that the City Coun- cil institute proceedings for the construction of a water softening plant during the forthcoming year. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved, Sec• onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. November 1, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The construction of the sanitary sewer in Seminary Street from the west corporation line to 165 feet east of the east property line of St. Ambrose Street by the Thos. Flynn Coal Company has been com- pleted according to the plans and specifications. Therefore, I recommend its ac- ceptance by the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. 454 Regular Session, November 1st, 1948 (A Resolution Accepting Improv- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 227 - 48. WHEREAS, the contract for the construction of a sanitary sewer of eight (8) inch diameter in Seminary Street from the West Corporation Line to 165 feet east of the east property line of St. Ambrose Street has been complet• ed and the City Manager has ex• amined 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 oY 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 dir- ected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments there- for, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percent- age provided for therin. Passed, adopted and approved this 1st day of November, 1948. Approved: FRANK VAN DUELMAN GEO, R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution, Second- ed by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton, Nays -None. Absent -Councilman Thomp- son. November 1, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The construction of the Jackson Street Storm Sewer by the Clin• tan Engineering Company of Clin• ton, Iewa has been completed ac• cording to the plane and specifica- tions. Therefor, I recommend its ac• ceptance by the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays - None. Absent -Councilman Thompson. November 1, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The improvement of Lombard Street with concrete curb and gut- ter from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane by the Thos. Flynn Coal Co. has been completed according to the plans and specifications. Therefore, I recommend its ac- ceptance by the Council. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- Regular Session, November 1st, 1948 455 ager Rhomberg be approved. Sec- onded by Councllman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 228-48. WHEREAS, the contract for the improvement of Lombard Street from the east property line of Gan- dolfo Street to 100 feet east of the east property line of Meadow Lane has been completed and the City Manager has examinEd the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and he is hereby direct- ed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt oY such plat and schedule publish the notice of the Council's intention to levy special assessments there- for, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this lot day of November, 1948. Approved: FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W, W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk, Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. October 6, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions the improvement of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east property line of McLenan Street by oiling and graveling has been completed by City Forces ac- cording to the plans and specifica- tions. This is to certify that the im- provement has been completed in accordance with the attached item- ized, verified statement of expendi• tures for materials and labor. Therefore, I recommend its ac- ceptance by the Council. Respectfully submitted, A, A. RHOMBERG City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. 456 Regular Session, November 1st, 1948 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0, 229-45 WHEREAS, the contract for the improvement of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east property line of Ma Lenan Street has been completed and the City Manager has exam- ined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and be is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's 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 Prom the funds tc be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 1st day of November, 1948, Approved: FRANK VAN DUELMAN Mayor. GEO, R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the a• doption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. son. Absent -Councilman Thomp- son, RESOLUTION N0. 230 48. WHEREAS, a Petition has been Piled with the City Clerk asking that the present "Multiple Family Residence District" from its pres• ent termination at Paulina Street be extended to include real estate on the northerly side of West Fifth Street to Alpine Street; and WHEREAS, said Petition w a s duly referred to the Planning and Zoning Commission of Dubuque for investigation and report; and WHEREAS, said Planning and Zoning Commission has filed its report; and WHEREAS, before the zoning map and zoning ordinance of the City may be changed, it is neces- sary that a public hearing be held theron; and WHEREAS, the City Council deems it advisable to hold such public hearing, NOW, THEREFORE, BE IT RESOLVED BY THE C I T Y COUNCIL OF THE CITY OF DUBUQUE: That there should be a public hearing on the question of the extension of the "Multiple Family Residence District" from its pres- ent termination at Paulina Street to include real estate on the north- erly side of West Fifth Street to Alpine Street, said extension to include the following described property: Beginning at a point at the inter- section of the center line of Paul• ina Street extended and the center line of West Fifth Street; thence northerly along the center line of Paulina Street extended to the northeasterly corner of Lot i of Lot 1 of Lot 7 of Mineral Lot 79; thence westerly along the norther- ly line of said Lot 1 of Lot 1 of Lot 7 of Mineral Lot 79 to the northwest corner thereof; thence Regular Session, November 1st, 1948 4S7 southerly along the westerly line of said Lot 1 of Lot 1 of Lot 7 of Mineral Lot 79 to the north- easterly corner of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Lot 7 of Mineral Lot 79; thence wester- ly along the northerly line of the Lots fronting on West Fifth St. to Alta Vista Street; thence north- westerly along the center line of Alta Vista Street- tc the intersec- tion of the center line of Carlotta Street extended and the center line of Alta Vista Street; thence along the center line of Carlotta Streat to the intersection of the center line of Carlotta Street ex- tended and the center line of Al- pine Street; thence southerly along the center line of Alpine Street to the intersection of the center lines of Alpine Street an~i West Fifth Street; thence easterly along the center line of West Fifth St. to point of beginning. That the time and place for said public hearing be, and the same is hereby fixed for 7:30 o'clock p.m., on the 22nd day of Novem- ber, 1948, in the City Council Chamber, City Hall, Dubuque, Ia.; that the City Clerk be, and he is hereby directed to cause to be published in the Telegraph Herald the official newspaper in the City of Dubuque, notice of such hearing, same to be so published so as to leave at least 15 days between the day of such publication and the day fixed for said hearing, that said notice shall contain, among other things, the provision that any and all parties in interest and any and all citizens shall have an opportunity to be heard. Passed, adopted and approved this 1st day of November, 1948. FRANK VAN DUELMAN Mayor, GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Cletk. Councilman Wharton move d the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None, Absent -Councilman Thomp- son. RESOLUTION N0, 231 • 48, BE IT RESOLVED by the City Council of the City of Dubuque that the fallowing, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and ciga- rette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS Veterans of Foreign Wars Club, 1031 Main Street. (Transfer of ad- dress from 1201 Central Ave.) Navy Club of Dubuque, Ship No. 67, 1201 Central Avenue. (Transfer of address from 2417 Rhomberg Ave.) Fred H. Ccoper and Harold J. Love, 250 West 6th Street. Mrs. Eleanor Glynn, 1583 Central Avenue. LeRoy Bolender and Frances Bol• ender, 422 Main Street. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 1st day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Moffatt moved the adoption of the resolution. Second• ed by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, C ou n ci ]men Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. RESOLUTION N0. 232 - 48. WHEREAS, applications f o r Class "B" Beer Permits have been submitted to this Council for ap- proval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun• cil of the City of Dubuque that 458 Regular Session, November 1st, 1948 the following applications be grant- ed and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Fred H. Cooper and Harold J. Love, 250 West 6th Street. Mrs. Eleanor Glynn, 1563 Central Avenue. Joseph Beecher and Eldon Reiter, 2399 White Street. Mrs. Rosemary Hird, 2220 Univer• sity Avenue. Alfred E. Hedley and Lillian Hed• ley, 579 Eighth Avenue. George Deyoe, 469 Main Street. Herbert Meyer and Walter Meyer, 735 Central Avenue. Arthur F. Herber and Theresa Her• ber, 2319 Prince Street. John Glynn and Heleu Glynn, 659 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Navy Club of Dubuque, Ship No. 67, 1201 Central Avenue. (Transfer of address from 2417.23 Rhomberg Avenue.) Leo A, Schwind Post No. 508, Vet• Brans of Foreign Wars, Inc., 1031 Main Street. (Transfer of address from 1201 Central Avenue.) Hiawatha Club, 576 Central Avenue. North End Choral Club, 2774.2776 Jackson Street. Passed, adopted and approved this 1st day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy moved the adoption of the resolution, Second• ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, C o u n c i ]men Moffatt, Murphy, Wharton. Nays - None. Absent -Councilman Thomp• son. RESOLUTION N0. 233 4g, WHEREAS, heretofore applica• lions for Class "B" Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com• ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun• cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Fred H. Cooper and Harold J. Lave, 250 West 6th Street. Mrs. Eleanor Glynn, 1563 Central Avenue. Joseph Beecher and Eldon Reiter, 2399 White Street. Mrs. Rosemary Hird, 2220 Univer• sity Avenue. Alfred E. Hedley and Lillian Hed• ley, 579 Eighth Avenue. George Deyoe, 469 Main Street. Herbert Meyer and Walter Meyer, 735 Central Avenue. Arthur F. Herber and Theresa Her- ber, 2319 Prince Street. John Glynn and Helen Glynn, 659 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Navy Club of Dubuque, Ship No. 67 1201 Central Avenue. (Transfer of address from 2417 • 23 Rhomberg Avenue.) Leo A. Schwind Post No. 508, Vet- erans of Foreign Wars, Inc. 1031 Main Street (Transfer of address from 1201 Central Avenue.) Hiawatha Club, 570 Central Ave., North End Choral Club, 2774.2776 Jackson Street, BE IT FURTHER RESOLVED that the bonds filed by such ap• plicants be and the same are here- by approved. Passed, adopted and approved Regular Session, November 1st, 1948 459 this 1st day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy moved t h e adoption of the resolution. Second• ed by Councilman Wharton. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent - Councilman Thomp• son. Application of the Union League Club for a Class "B" Beer Permit for Private Club at 400 1-2 Iowa Street presented for approval. Councilman Murphy moved that the application be referred to the City Solicitor for investigation and repori. Seconded by Councilman Wharton. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent - Councilman Thomp• son. There being no further business Councilman Wharton moved to ad• journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Nays -None. Absent -Councilman Thomp• son. J. J. SHEA City Clerk. Approved .............................. 1949. Adopted ................................ 1949. Councilmen t ..................................... Attest : ....................................... City Clerk, 46o Special Session, November zznd, 1948 City Council (Official) Special Session, November 22nd, 1948. Ceuncil met at 7:30 P. M. Present -Mayor Van Duelman, Councilmen MofYatt, Murphy, Whar- ton. City Manager Rhomberg, Absent -Councilman Thomp- son. Meeting called by order of Coun• cilmen Wharton and Murphy. Mayor Van Duelman read the call and stated that service there- of had been duly made and that this meeting is called for the pur- pose of conducting a public hear- ing upon a proposal to amend and change the Zoning Map and Zoning Ordinance by extending the Mul• tiple Family Residence District from its present termination at Paulina Street to include real es- tate on the northerly side of West Fifth Street to Alpine Street and acting on any other business as may properly come before a regu- lar meeting of the City Council. Proof of publication, certified to by the publishers, of notice of public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance by ex- tending the Multiple Family Resi- dence District from its present termination at Paulina Street to include real estate on the norther- ly side of West Fifth Street to Alpine Street, presented and read, Councilman Moffatt moved t h a t the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Ordinance No. 19.48, An Ordin- ance amending and changing the Zoning Map of the City of Dubu• que as provided by Ordinance No. 3.34, designated "Zoning Ordinance of the City of Dubuque" so as to extend the "Multiple Family Resi- dente District" from its terming. tion at Paulina Street to include certain defined territory on the northerly side of West Fifth St. to Alpine Street, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun• Gilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None, Absent -Councilman Thomp- son. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public in• spection for at least one week before its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas - Mayor Van Dueiman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Councilman Wharton moved that the rules be suspended fer the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. , Absent -Councilman Thomp- son. Special Session, November z2nd, 1948 461 November 22, 1948. To the Honorable Mayor, City Council and City Manager. Gentlemen: There is filed herewith three proposed resolutions, a proposed ordinance and accompanying quit claim deeds, together with a copy of a plat which are necessary in clearing up and perfecting t h e title to property awned by the Adams Company and used and own- ed by it in connection with its plant south of Fourth Street Ex• tension. The three resolutions provide for the city to convey streets and alleys which have heretofore been vacated in Yavor of the adjoining property owners and the ordinance provides for the vacation and con- veyance of that part of the original Fourth Street Extension w h i c h has since been relocated for street purposes. It will be appreciated if you will promptly adopt the resolutions and ordinance. Respectfully submitted, CLEWELL & GOONEY Attorneys for Adams Company By ROBT. W. CLEWELL. Attorney Robt. W. Clewell ad- dressed the Council in support of the communication. Councilman Murphy moved that the communi- cation be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Dubuque, Iowa, and that part of the alley in Block 22 in Dubuque Harbor Improvement Company's Addition and that part of Washing- ton Street and that part of Fifth Street lying between the southerly boundary of Fourth Street Exten- sion as originally located and the present boundary of Fourth Street Extension, all in the City of Du- buque, Iowa, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Moffatt. Carried by t h e following vote; Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. ORDINANCE N0. 20 - 48. An Ordinance for the vacation of that part of Fourth Street Ex- tension as originally located lying between the southerly boundary of Fourth Street Extension as original ly located and Fourth Street Ex- tension as thereafter relocated and now existing in Blocks 22, 26 and 30 in Dubuque Harbor Improve- ment Company's Addition to the City of Dubuque, Iowa, and in Block A of Booth's Addition to the City of Councilman Wharton moved that the Council view the grounds be- fore final adoption of this ordin- ance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent - Councilman Thomp- son. 46a Special Session, November land, 1948 November 22, 1948. Honorable Mayor and Members of City Council of Dubuque, Iowa. Gentlemen: The buildings and properties of petitioner including its new hos• pits] are located immediately north of the City Limits of Dubuque. The Sisters hereby petition your honorable body far permission and authority to construct at its ex- pense an eight inch sanitary sewer in Windsor Avenue commencing at and connected to the end of the present sewer at the intersection of Lowther. Street and Windsor Avenue, thence northerly to the City Limits and thence branching out so as to be connected with the buildings of petitioner. Your petitioner further requests that the permit and franchise authorizing the aforesaid sewer construction be granted with the provision that any property owner abutting on Windsor Avenue and Davis Avenue in the City of Du- buque, desiring to connect with said new sewer may do so if ap- proved by the City Council, subject to the condition that such property owner pay this petitioner such part of the original total cost of con- struction of said sewer as the linear feet of the property to be connect- ed bears to the total linear feet of new sewer. Due to the urgency of this r~ quest we ask that you give it preferred attention. Respectfully submitted, SISTERS OF ST. FRANCIS OF DUBUQUE COUNTY, IOWA, By Mother M. Irmina Manter- nach President. Attorney Francis O'Connor ad- dressed the Council in support of the petition. Councilman Murphy moved that the petition be received and made a matter of record. Seconded by Councilman Wharton, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy ,Wharton. Nays -None. Absent -Councilman Thomp- son. Ordinance No. 21 - 48. An Ordinance granting to Sisters of St. Francis of Dubuque County, Iowa, its successors and assigns, the right to construct a sanitary sewer in Windsor Avenue from the end of the present sewer at the intersection oP Lowther Street and Windsor Avenue, thence north- erly to the City Limits, prescrib- ing the conditions of this grant and regulating connections with said sewer, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Moffatt, Carried by t h e following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays - None. Absent - Councilman Thomp• son. Councilman Murphy moved that the Council view the grounds be- fore final adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas -- Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent - Councilman Thomp- son. Special Session, November sand, 1948 463 Mr. Clarence Strub addressed the Council in regard to the grading and improving of West T h i r d Street from Cxrandview Avenue to Algona Street. City Manager Rhomberg submitted verbal recom- mendation that a plat and schedule be prepared for the improving of West Third Street from Grandview Ave. to Algona Street when waiv- ers have been secured from the property owners for the payment of their special assessments. Coun- cilman Wharton moved that the verbal recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, C o u r. c i l m e n Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Mr. Ciarence Strub addressed the Council requesting that the alley between Bennett Street and West Third Street be improved. City Manager Rhomberg submitted verbal recommendation that a plat and schedule be prepared for the improving of the alley between Bennett Street and West Third Street when waivers have been secured Prom the property owners for the payment of their special assessments. Councilman Wharton moved that the verbal recommen- dation of City Manager Rhomberg be approved. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, C o u n c 11 m e n Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Notice of Claim of Mrs. Kenneth Lehnhardt for damages caused by coming into contact with poison ivy an the Fifteenth Street steps, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Mof• fatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Communication of P. J. Houser, Director, Division of Public Health Engineering, Des Mainea. Iowa, ad- vising that a field training course in rodent control will be held.in Kansas City, Missouri, during the peried of November 29 to Decem- ber 10, 1948, presented and read. Councilman Wharton moved that the communication be referred to the Council. Seconded by Council- man Moffatt. Carried by the follow ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, 1ti harton. Nays -None. Absent -Councilman Thompson. Dubuque, Iowa, November 15, 1948 To the Honorable Maycr and City Council Dubuque, Iowa Gentlemen: We have received communica- tion of November 8, 1948, from City Manager A. A. Rhomberg ad- vising us of your request that we outline to you in writing our plans for the correction of a nuisance caused by dust particles in the atmosphere in the vicinity of 972 and 974 White Street, some of which are presumed to have escape from our woodworking operations. It is our sincere desire to do everything reasonable to prevent the escape of these dust particles. Speaking broadly, we believe our relations with the community in which we live are very important, and it is our perpetual desire to improve them. Speaking specifical- ly we desire to maintain the best possible relations with our near neighbors and if we make dust which bothers them, we are dis- pleased. Our woodworking machines pro• duce Wood Waste which is con- veyed away trom the machines by means of air. It is then necessary to separate the wood particles from the air so that the wood may be disposed of, and it is in this separa- tion process that we are not com- 464 Special Session, November 22nd, 1948 pletely successful. Many men have worked years trying to adequately solve this problem. It is fortunate that the dust particles in the air are not a haz- ard to health, and the Iowa State Department of Health, we are sure, will corroborate this. But if they escape even in very small quanti- ties, they do create some nuisance. At the present time we are doing two specific things to reduce the dust in the air: 1. We are installing. an entirely new dust collecting system on one of our sanding machines which pro- duces alarge proportion of our fine dust particles. This new collector is reputed to be highly efficient in dust collecting, and may encourage us to continue such a program in other areas. 2. In connection with our new power plant, we are buying many new Cyclone Dust Collectors, relo- cating and repiping all of our Cy- clone Dust Collectors, and giving our Wood Waste handling system a complete overhauling. Where pos• sible in this new system we will move the Wood Waste by mechani- cal conveyers rather than by air, and this will also help. On items 1 and 2 above, we are spending many thousands of dol- lars and we are certain that a con- siderable improvement will be made. We are sorry we cannot advise you that we are certain all dust particles will be eliminated, but we do hope the very extensive efforts we are making on this problem will convince you of our desire to im- prove the condition, and that you and any affected residents of the community may be satisfied. If you desire, we will be happy to appear before your honorable body personally, or we will be happy to discuss this with City Manager Rhomberg. Very truly yours, FARLEY & LOETSCHER MFG. CO. By Robert F. Laetscher Superintendent. Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Mnftatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Dubuque, Iowa, November 15, 1948, To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: We have received a letter from the city manager dated November 8 instigated by the complaint of Mr. Carl Schmidt, requesting that we advise you in writing of our plan for the correction of the saw- dust condition which was brought on said complaint. We have for some time contem• plated the revamping of our collec- tor system, but action in this re• sped has been delayed pending the crystallization of plans for some de• partmental relocations and perhaps some building expansion. These plans should be complete within the next few months. Since this is a rather involved problem, we would welcome the opportunity oY discussing the mat- ter in more detail with the council or with a committee which it might appoint. Yours very truly, CARR, ADAMS & COL• LIER COMPANY P. L. Adams, Vice President. Councilman Wharton moved that the communication be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton, Nays - Nane. Absent -Councilman Thompson. Communication of the Retail Mer• chants' Bureau in regard to the installation of street decorations during the pre•holiday period and asking the City Administration to supply the electric energy for the lighting in connection with the dec- Special Session, November 22nd, 1948 465 orations, presented and read. Coun- cilman Murphy moved that the re• quest be granted and the work to be done under the supervision of the Electrical Inspector and a Pub- lic Liability Policy to be furnished covering any damages which may occur during the period that the street decorations are erected. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None, Absent -Councilman Thompson. Petition of W. F. Trimpler re• questing a refund in the amount of $100.00 on the unexpired portion of his Class "B" Beer Permit No. 22 as he has discontinued business on November 1, 1945, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of W. F. Trimpler to cover the amount of refund granted on the unexpired portion of his Class "B" Beer permit No. 22. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Petition of W. F. Trimpler re- questing arefund in the amount of $50.00 on the unexpired portion of his Cigarette Permit Na. 84 as he has discontinued business on No- vember 1, 1948, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $50.00 in favor of W. F. Trimpler to cover the amount of refund granted on the unexpired portion of his Ciga- rette Permit No. 84. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. The fallowing is submitted in compliance with Section 5, Resolu- tion No. 80. Excavation and r e f i 11 i n g oY dirt $522.60 Sewer the (384 feet at 47 cents ft.) 180.48 Labor for laying the 108.80 Oakum 7.75 Cement 55.00 Sand 13.50 Gravel 13.50 Bricks 100.00 Manhole covers ($25.00 each) 75.00 Labor for pouring footing and laying bricks for three (3) man- holes Manhole No. 1 60.00 Manhole No. 2 140.00 Manhole No. 3 101.50 40 ft. 3-8" copper tubing at 16 cents ft. and 20 ft. 1-2" copper tubing at 20 cents ft. 10.40 Excavation of stone on Thomas Street and lot No. 12 Fengler Addition 74.80 Premium of liability insurance 15.00 Premium on excavation bond 15.00 Repairing broken water main 62.04 Misc. expenses 25.00 Total $1580.37 H. C. Arnold. On this 6th day of November A. D. 1948, before me Geraldine L. Jenni, a Notary Public of Iowa, in and for Dubuque County, Iowa, personally appeared H. C. Arnold to me known to be the identical person named in and who executed the foregoing instrument, and ac• knowledged that he executed the same as his voluntary act and deed. GERALDINE L.JENNI NOTARY PUBLIC. My Commission ex- gires July 4, 1951, Councilman Wharton moved that the statement be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. 466 Special Session, November nand, 1948 Dubuque, Iowa, October 22, 1948 Mr. J. J. Shea City Clerk Dubuque, Iowa Subject: St. Mary's Orphan Home Sewer Dear Mr. Shea: The ordinance granting permis- sion to St. Mary's Orphan Home for the construction of a sanitary sewer from Chaney Road an d Asbury Road to their new building on Carter Road provided that upon completion the final cost should be filed in the office of the City Clerk. We are therefore attaching a sheet showing the total cost as approved by us. Yours very truly, Cart F. Bartels, Consulting Engineer By, P. F. Mc Mahan. FINAL COST ESTIMATE St. Mary's Orphan Home Sewer 1VI. L. Caber Contract. Furnish & Lay 2,218 Lineal feet of 4" Cast Iron Force Main at $3.00 per Lin, Ft. - $6,654,00 Furnish & Lay 1,989.5 Lineal feet of 8" V. T. Clay Sewer Pipe at $3.20 per Lin. Ft. - $6,366.40 2 Drop Manholes & 4 standard Manholes cam• plete as per plans - $1,384.00 High Lift station & wet well complete as per plans & specifications - $1,650.00 Two Extra Standard Manholes 10' deep and 11' deep - 21' at $20.00 per ft. 420.00 Install pumps and motors - $1,550.00 Extra cost due to cross- ing water main - $ 552.50 $18,576.90 Less amount previously paid $12,538.26 Balance due $6,038.66 Approved Carl F. Bartels, Con- sulting Engineer. Date, October 21, 1948. Councilman Murphy moved that the communication and statement be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Ordinance No, 22 • 48. An Ordinance designating inter- sections at East 21st Street and Washington Street, and East 21st Street and Elm Street as stop intersections, providing for t h e erection of stop signs and a penalty for the violation of the terms here- of, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilaran Wharton. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded Dy Councilman Moffatt. Carried by the following vote; Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son, Ordinance No. 23 • 48. An Ordinance creating a n d establishing "Bradley Street Sewer District", which district embraces all of the lands within the drainage Special Session, November nand, 1948 467 area of the sewer system to be constructed within the same, de- claring that all lands within said district are benefited by the sewers to be constructed therein and sub- ject to special assessments for the payment of the cost of sewer and appurtenances thereto and defin- ing ail of such lands which are subject to be furnished with sewer connections or drainage by said sewer system to the adjacent prop- erty, presented and read. Council- man Murphy moved that the read- ing just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None, Absent -Councilman Thomp- son. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Councilman Murphy moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be• fore its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Council Proceedings for the month of March, 1948 presented for approval. Councilman Moffatt moved that the Council Proceed- ings for the month of March, 1948 be approved as printed. Seconded by .Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. November 15, 1948. Mr. J. J. Shea City Clerk Dubuque, Iowa Dear Mr. Shea: Enclosed herewith is transmis- sion line easement to Interstate Power Company from The Asper- mont Company. Yours very truly, City of Dubuque Board of Dock Commissioners By, Carl F. Bartels, Engineer. Councilman Moffatt moved that the communication and transmis- sion line easement be received and placed on file. Seconded by Coun- cilman Murphy. Carried by t h e following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. November 18, 1948. To the Honorable Mayor and Members of the City Council Dubuque, Iowa. Dear Sir: Re: Eldon Reiter and J o s e p h Beecher Holders of Beer Per- mit No. 118 2399 White Street, Dubuque, Iowa. Please be advised that on this date Eldon Reiter was convicted in the Police Court of the City of Dubuque of violating the beer laws, namely, selling to and per- mitting minors to consume beer on the premises of a Class "B" Permit holder, in that on the 16th of November, 1948, this violation involved two boys seventeen years of age and one bay sixteen years of age. Mr. Reiter was fined $100.00 and $3.50 costs. Because of the above violation of the law and the conviction there- of, Irecommend the revocation of the Class "B" Permit No. 118 forth- with. Respectfully yours, JOS. H. STRUB Chief of Police. 468 Special Session, November nand, 1948 Councilman Moffatt moved that the communication of Chief of Police Strub be referred to the Ceuncilforfurther consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. Councilman Moffatt moved that the bonds be approved and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. November 19, 1948. 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, 1948, also list of claims and list of payrolls for which warrants were issued far the month of October, 1948. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. November 18, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policies and desire to have your approval on same for filing: EXCAVATION George F. Pinaki, Policy No. P- 332606 198 Main Street, The Fidelity & Caeaatty Co. A, J. Levan, Policy No. M&C 2995- 90 2239 Central Avenue, The Western Casualty & Surety Co. Respectfully sabmitted, A. A. RHOMBERG, City Manager, November 22, 1948. To the Honorable Mayor and City Council, - Dubuque, Iowa. Gentlemen: At the Council meeting of Octo- ber 4th I was instructed to nego- tiate for the purchase of Mineral Lot 297 and Lot 1 of Mineral Lot 296 comprising thn^ty~one and six- tenths acres and also for Mineral Lots 294 and 295 and Lot 2 of Mineral Lot 296 comprising twenty-seven and three•tenths acres all of which is located on Ham's Island, I have been unable to reach an agreement on t h e s e matters. I recommend that the Council proceed to acquire the property by condemnation, Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Wharton. Car• ried by the following vote: Yeas -Mayor Van Duelman, Counci ]men Moffatt, Murphy, Wharton. Naps -None. Absent -Councilman Thomp• SDn. November 9, 1948. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: In Re: Petition of Mrs. Katie A. Miller for suspension of 1947 taws because of infirmity, on Lot 10, Johnson's Sub, I recommend that saifl petition be approved and that Special Session, November land, 1948 469 notification thereof be given to the Board of Supervisors of Du- buque County, Iowa. Yours truly, JOHN J. KINTZINGER City Soliciter Councilman Moffatt moved that the recommendation of City So- licitor Kintzinger be approved and the Board of Supervisors to be notified of the action taken by the City Council. Seconded by Council- man Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. November 9, 1948. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: In regard to the application filed by E. Marshall Thcmas which was referred to me for investigation and report, I have examined the application, the resolution and the Quit Claim Deed. From such ex- amination, I am of the opinion that the prayer of the application should be granted, and that a quit claim deed should be executed to Willis LeRoy Schmeichel and Kath- leen W. Schmeichel, conveying to them the westerly 28 feet of Lot 14A and the easterly 20 feet of Lot 15A in Paulina Langworthy's Subdivision of Lct 5 of Mineral Lot 73 in the City of Dubuque, Iowa. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the report sad opinion of City Solicitor Kintzinger be received and made a matter of record. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. RESOLUTION N0. 234 - 48. WHEREAS, the City of Du- buque, Iowa, did adopt a certain Ordinance on March 4, 1915, vacat- ing the alley in Paulina Lang- worthy's Subdivision b e t w e e n West 4th St, and West 5th Streets and Alpine and Paulina Streets in the City of Dubuque, Iowa, and WHEREAS, no deeds were ever executed and delivered by the City of Dubuque conveying said vacated streets to the abutting property owners, and WHEREAS, Will!ls L e R o y Schmeichel and Kathleen W. Sch- meichel, husband and wife, are now the present owners of the Westerly 28 feet of Lot 14 and the Easterly 20 feet of Lot 15 in Paulina Lang- worthy's Subdivision which proper• ty is south of and abutting said vacated alley, and tiVHEREAS, that portion of said vacated alley abutting Lots 14 and 15 has been platted as Lots 14A and 15A, Paulina Langworthy's Subdivision, of Lot 5 of Mineral Lot 73 in City of Dubuque, Iowa: NOW THEREFORE, Be and It Is Hereby Resolved that the Mayor and City Clerk of the City o f Dubuque, Iowa, be and they are hereby authorized to make, execute and deliver a quit claim deed con- veying to Willis LeRoy Schmeichel and Kathleen W. Schmeichel, hus- band and wife, as joint tenants with right of survivorship and not as tenants in common, the follow- ing described real estate, to-wit: Westerly 28 feet of Lot 14A and the Easterly 20 feet of Lot 15A in Paulina Langworthy's Subdivi- sion of Lot 5 of Mineral Lot 73 in City of Dubuque, Iowa. Approved this 22nd day of Nov- ember, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Members of City Council. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, 47o Special Session, November 22nd, 1948 Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son, November 20, 1948. Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Ed. Alber far damages in the sum of $18.29, upon investigation it ap- pears that on Sunday, October 3rd, 1948, Ed Aiber was west-bound on Vernon Street approaching Glen Oak Street and that his car in turning to the side of the road to pass another car straddled a water shutoff pipe which pipe extended about five or six inches above the surface of the ground, causing damages to his oil pan. These dam- ages were taken care of at t h e Feldman Motor Co. and amounted to $18.29. I recommend that his claim be paid in the sum of $18.29 and that a warrant be issued pay- able to his order for that amount and delivered to him upon delivery to the City of a release properly executed by him. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City So- licitor Kintzinger be approved and, the City Auditor instructed to draw a warrant in the amount of $18.29 in favor of Ed. Alber, as settle- ment in Yull of his claim, and that said warrant be delivered upon re• ceipt by the City of Dubuque of a properly executed release. Second• ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent - Councilma^ Thomp• son. November 10, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to the attached peti- tion of Rose Carolan asking re- zoning of the block between 24th and 25th Streets on Washington Street to the alley Local Business classification, the Planning & Zon- ing Commission finds; (1) that this area is already adequately served with Local Business facili- ties, and the public interests would best be served by preserving the present zoning; (2) that other uses allowed in a local Business dis• trict would be highly objection- able adjacent to a public play- ground such as Comiskey Field; (3) one of the objects of a Local Business District is to detach stores from residential areas, not to make them a part of same. Therefore, the Planning & Zon- ing Commission respectfully rec• ommends denial of the petition. Yours truly, DUBUQUE PLANNING & ZONING COMMISSION RICHARD V. MCKAY Secretary. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be ap• proved. Seconded by Councilman Wharton, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. November 16, 1948. To the Honorable Mayor and the City Council, Dubuque, Iowa. Gentlemen: The Planning & Zoning Commis- sion has given further consider ation to the petition of Loras Col- lege in the light of the suggestion of your honorable body that the proposed vacation of Helena Place begin 100 feet west of the west property line on Henion St. and extend to its west terminus, and providing an adequate entrance to Loras grounds is maintained west of the 100 foot Helena Place, the Commission recommends approval of the revised plan. Yours truly, DUBUQUE PLANNING & ZON- ING COMMISSICN RICHARD V. MCKAY Secretary. Special Session, November 22nd,_1948 471 Councilman Wharton moved that the recommendation of the Plan- ning and Zoning Commission be ap• proved and the proper proceedings ordered prepared. Seconded b y Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. November 16, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Replying to the request of your honorable body dated November 1, 1948 "that the Planning & Zoning Commission suggest and recom- mend the immediate steps to be taken upon the proposal to extend Grandview Ave. in a direct route northerly through the Senior High School grounds to the proposed Kane Heights Development", said Planning & Zoning Commission re- spectfully recommends as follows: (1) That the proposed extension of Grandview Ave. northerly over Audubon Street through the Sen- ior High Schoo] grounds to the Kane Heights Development, a s shown in Mr. Hartzog's latest plan be adopted as an amendment to the Master Plan. (2) That a survey be made to establish the exact location of the proposed highway from Grandview Ave. to the Kane Heights Develop- ment. (3) That steps be taken to im• element construction of the pro- posed direct highway from Audu- bon St. to Kaufman Ave. in the general public interest, since this new route will relieve north-south highway traffic on downtown streets at less cost and fewer en- gineering difficulties than by any other means, and simplify the fire and police protection of the hill district at the same time. Yours truly, DUBUQUE PLANNING & ZON- ING COMMISSION RICHARD V. MCKAY Secretary. Councilman Murphy moved that the recmnmendation of the Plan- ning and Zoning Commission be ap• proved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, C o u n e i l m e n Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. RESOLUTION N0. 235 - 48. BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and ciga- rette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS Mrs. Margaret Barrington, 2 4 4 West First Street. BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved this 22nd day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON 1V. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Wharton move d the adoption of the resolution. Sec- onded by Councilman Murphy. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. RESOLUTION N0. 238 - 48. WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be 472 Special Session, November 22nd, 1948 granted an dtho licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Ray Nicks, 521 East 22nd Street, Mrs. Margaret Barrington, 2 4 4 West First Street. Clifford Calvert and Bertha Cal- vert, 185 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB The Victory Club, 326 Main Street. American Veterans of World War II, Dubuque Post No. 3, 429 Main Street. CLASS "C" PERMIT Petor J. Apel, 265 Weat First St. Agnes Zahina, 2649 Windsor Ave. Frank J. Pusateri, 1296 Central Ave. Passed, adopted and approved this 22nd day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved that the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. CLASS "B" PERMIT NAME AND ADDRESS Ray Nicks, 521 East 22nd Street. Mra. Margaret Barrington, 2 4 4 West First Street. Clifford Calvert and Bertha Cal• vert, 185 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB The Victory Club, 326 Main Street. American Veterans of World War II, Dubuque Past No. 3 429 Main Street. CLASS "C" PERMIT Peter J. Apel, 265 West First St. Agnes Zahina, 2649 Windsor Ave. Frank J. Pusateri, 1296 Central Ave. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved this 22nd day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen, Attest: J. J. SHEA City Clerk Councilman Murphy moved that the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp• son. RESOLUTION N0. 237 - 48. WHEREAS, heretofore applica- tions for Beer Fermits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed. to issue to the following named applicants a Beer Permit. RESOLUTION N0. 238 - 48. WHEREAS, the County Board of Supervisors of Dubuque County, Ia. and the City Council of the City of Dubuque, Iowa have engaged the services of the Firm of Rougher, Rich and Woodburn, Architects of Des Moines, Iowa to prepare the plans and specifications fora pro- posed combination Court House- City Hall-Jail under the terms of an advance of funds from the Bureau of Community Facilities of The Federal Works Administration and WHEREAS, there has now been Special Session, November 22nd, 1948 473 submitted the general layout in- cluding the floor plans; and WHEREAS, the City Council has examined the plans and is of the opinion that they should be ap• proved; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the general layout and the floor plans of the proposed combination Court House-C i t y Hall-Jail be approved and the Bureau of Community Facilities of the Federal Works Administration be notified of such approval by the submission of a copy of this rasa lution; and BE IT FURTHER RESOLVED that the architects be instructed to proceed with the detai]ed plans and specifications to the end that all planning of this project will have been accomplished and the approval of the Bureau of Com• munity Facilities of the Federal Works Administration obtained thereon, on or before June 30, 1949. Passed, adopted and approved this 22nd day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent - Councilman Thomp- son. RESOLUTION NO. 239 - 48, WHEREAS, it is necessary that a new access road be provided to serve the Dubuque Municipal Air- port from U. S. Highway No, 61; and WHEREAS, it is possible t o obtain the participation of the Fed- eral Government through the Civil Aeronautics Administration in the financing of such access road; and WHEREAS, the City Council of the City of Dubuque, Iowa is of the opinion that such assistance should be sought; NOW, THERE- FORE, BE IT RESOLVED that a pro- ject application be submitted to the Civil Aeronautics Administra- tion for Federal aid in the develop- ment of the public airport consist- ing of the construction of an ac- cess road and that the Mayor be authorized to execute the project application and agreement and to submit the same to the proper authorities of the Civil Aeronau• tics Administration, Passed, adopted and approved this 22nd day of November, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W, MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton, Nays -None. Absent -Councilman Thomp• son, November 18, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The improvement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street with concrete paving by the Thos. Flynn Coal Company has been completed according to the plans and specifications. Therefore I recommend its ac• ceptance by the City Council. Respectfully submitted, A. A. RHOMBERG, City Manager. 474 Special Session, November land, 1948 Councilman Murphy moved that the recommendation of City Man• ager Rhomberg be approved. Sec- onded by Councilman Wharton. Car• ried by the following vote: Yeas - Mayor Van Duolman, Councilmen Moffatt, Murphy, Wharton. this 22nd day of November, 1948. Approved: FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk. Nays -None. Absent -Councilman Thomp- son. (A Resolution Accepting Improv- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA........ RESOLUTION N0. 240 48. WHEREAS, the contract Y o r the improvement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby dir- ected to prepare a plat and .sched- Ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments there- for, 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 realised from the sale of im- provement bonds issued upon the above described improvement in amount equal to the amount o[. his contract, less any retained per- centage provided for therein. Passed, adopted and approved Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thomp- son. There being no further business Councilman Wharton moved to ad- Journ. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Wharton. J. J. SHEA City Clerk. Approved ............................. 1949. Adapted ............................. 1949. Councilmen ~ ...................................... Attest : ................................................ City Clerk. Special Session, November 2gth, 1948 475 City Council (OFFICIAL,) Special Session, November 29th, 1948. Council met at 7:30 P. M. Present -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Murphy. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing up- on the notice of levy of special assessment and intention of the City Council to issue bonds for the construction of a sanitary sewer in Seminary Street, for the curbing and guttering of Lombard Street and the improvement of Mount Loretta Avenue and acting on any other business as may properly come before a regular meeting of the City Council. State of Iowa l SS. County of Dubuque J I, Richard H. LeMay, do hereby certify that on November 12, 1948, that I posted copies of the attached Notice of Levy of Special Assess- ment and Intention of the City Council to Issue Bonds along the line of improvement for the con- struction of a sanitary sewer of eight (8) inch diameter in Semi- nary Street from the West Corpo- ration Line to 165 feet east oP the east property line of St. Ambrose Street. Signed, Richard H. LeMay. Subscribed and sworn to before me, Geraldine L. Jenni, A Notary Public, this 12th day of November, 1948. GERALDINE L. JENNI. Notary Public in and for Dubuque County, Iowa. Councilman Thompson move d that the statement be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Proof of publication, certified to by the Publishers, of notice of Levy of Special Assessment and Inten- tion of the City Council to issue Bonds Yor the construction of a sanitary sewer of eight (8) inch diameter in Seminary Street ixom the West Corporation Line to 165 feet east of the east property line of St. Ambrose Street, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION N0. 241-48, Resolved by the City Council of the City of Dubuque, Iowa, that to pay for the construction of a sani- tary sewer of eight (8) inch diame- ter in Seminary Street from the West Corporation Line to 165 feet east of the east property line of St. Ambrose Street, Thos. Flynn Coal 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, situate and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Albert Wharton & H. J. Hoffman, Jr., Lot 102, Finley's Add .................._.._.247.09 Karl W. Harker, Lot 103 Finley's Add . ........................198.88 Kar] `V. Harker; Lot 104, Finley's Add . ......................_198.88 Alfred A. & Dorothy F. Henschel, Lot 105, Finley's Add. ........._ ................._..,.......198.88 Alfred A. & Dorothy F. Henschel, Lot 106, Fin- ]ey's Add .................................198.88 Alfred A. & Dorothy F. Henschel, Lat 107, Fin- ley's Add ................................198.88 Alfred A. Henschel, Lot 108, W. 50', Finley's Add....._.__150.66 Kenneth W. & A. Elliott, Lot 108, E. 16', Finley's Add . ........................... _.....48.22 Kenneth W. A. Elliott, Lot 109, Finley's Add........198.88 Eliz. Cahill, Lot 110, Finley's Add. ........... _ .........................198.88 Arthur P. Lindecker, Lot 119, Finley's Add ............._245.59 476 Special Session, November agth, 1948 Arthur P. Lindecker, Lot 118, W. 16', Finley's Add.....48.22 Arthur P. Lindecker, Lot 118, E. 50', Finley's Add.....150.66 Victor P. & Juanita E. Remy, Lot 117, Finley's Add ................................ ..........198.88 Wilson E. & Opal L. Conlon, Lot 116, Finley's Add.........198.88 John A. & Eleanor Lyness, Lot 115, Finley's Add.......,.198.88 B. M. & Helen ~. Graf, Lot 114, Finley's Add .................198.88 B. M. Helen E. Graf, Lot 113, Finley's Add . ..............198.88 Sisters of the Holy Ghost, Lot 36, Finley's Add. .......198.88 Sisters of the Holy Ghost, Lot 2, Sub. 37, Finley's Add . ..........................................198.88 Lloyd E. Necker, Lot 39, W. 67'-4" of S. 100' Fin- ley's Add. ._ ...........................202.79 Dora C. Kunkel, Lot 40, W. 1.2 of S. 100' Finley's Add ................. _............ _.......,....99.44 Albert V. & Madelene Wise, Lot 40, E. 1-2 of S. 100' Finley's Add . ..........................99.44 Paul P. Krocheski, Lot 41, Finley's Add. ,..._ ....................198.88 Mary B. Prendergast, Lot 1, Kleinschmidt Sub . ..............149.18 Ed. T. Ley, Lot 2, N. 47', Kleinschmidt Sub . ..............141.65 $4,566.14 850 Lin. ft. 8" Vit. the at $3.50 ft . ....................._.......$2,975.00 24 Each 8" x 6" Y Branches at $4.50 ................108.00 2 Each Brick Manholes at $200.00 ...............................400.00 75.7 Cu. Yds Crushed Stone at $3.00 ........................227.10 133 Sq. Yds. Asphalt Pvt. at $5.00 ...................................665.00 $4,375.10 Interest 6 percent for 52 days .....................................37.92 Extra Expense at 3 1.2 percent ......_ ............................153.12 $4,566.14 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 29th day of November, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R, MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Sea onded by Councilman Wharton. Car ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Resolution Providing for the Issuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 242.48 WHEREAS, the contract hereto fore entered into. by the City of Dubuque for the construction of a sanitary sewer of eight (8) inch diameter in Seminary Street here• inafter described, has been com• pleted and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and ex- pense thereof to be $4,566.14 and, WHEREAS, public notice as provided by law, has been publish- ed by the City Clerk stating the intention of the City Council to issue bonds to pay the coat of said improvement and a p u b l i c hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the construo- lion of a sanitary sewer of eight (8) inch diameter in Seminary St. from the West Corporation Line to 165 feet east of the east prop- erty line of St. Ambrose Street. there be issued improvement bonds to the amount of $4,566.14 Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 29th day of December, 1348, shall be in denominations of $500.00, except that there shall be one bond to the amount of $66.14. They shall be numbered from 3954 to 3963 inclusive and shall be divided into ten series, of which the bond numbered 3954 shall con- stitute the first series and shall be payable the first day of April, A.D. 1949, the bond numbered 3955 shall constitute the second series and shall be payable the first day of April, A.D. 1950, the bond number- Special Session, November 29th, 1948 477 ed 3956 shall constitute the third series and shall be payable the first day of April, A.D. 1951, the bond numbered 3957 shall consti- tute the fourth series and shall be payable the first day of April, A.D. 1952, the bond numbered 3963 shall constitute the fifth series a n d shall be payable the first day of April, A.D. 1953, the bond number- ed 3959 shall constitute the sixth series and shall be payable the first day of April, A.D. 1954, the bond numbered 3960 shall consti- tute the seventh series and shall be payable the first day oY April, A.D. 1955, the bond numbered 3961 shall constitute the eighth series a n d shall be payable the first day of April, A.D. 1956, the bond number- ed 3962 shall constitute the ninth series and shall be payable the first day of April, A.D. 1957 and the bond numbered 3963 shall con- stitute the tenth aeries and shall be payable the first day of April, A.D. 1958. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: CITY OF DUBUQUE Improvement BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A.D. 194....; or any time before that date at the option of the City, the sum of ..............................HUNDRED DOLLARS, with interest thereon at the rate of five per cent. per annum, payable on the presenta- tion and surrender of the interest coupons hereto attached, both in- terest and principal are payable at the office of the City Treasurer in the City oP Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 29th day of Noveur ber, 1948. This bond is one of a series of 10 bonds, 9 for $500.00 numbered from 3954 ~to 3962 in- elusive, and one for $66.14 number- ed 3963, all of like tenor and date, and issued for the purpose of con- struction of a sanitary sewer of eight (8) inch diameter in Sei~nin- ary Street from the West Corpora- tion Line to 165 feet east of the east property line of St. Ambrose Street and described in said reso- lution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments with interest on all deferred pay- ments a~t the rate of five per cent, per annum, and this band is pay- able only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done pre- cedent to and in the issuing of this series of bonds, have bee n done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by and countersigned by its City Clerk with the seal of said City affixed this 29th day December, 1948, and has authorized the use of their fac-simile signature to the interest coupons hereto attached. _. Mayor. City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ............day of ........_.._,. A. D, 194......, the City of Dubuque, Iowa, promises to pay to the bearer as provided in the bond, the sum of ... .... .......................Dollars, at tho 478 Special Session, November a9th, 1948 ~ ~ Special Session, November 29th, 1948 479 office of the Gity Treasurer in the City of Dubuque, being ................. months interest due that day on its ....................................Bond No......... . dated .................................194,..... ...............................Mayor ...........................City Clerk , Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be pre- pared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that pur- pose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 29th day of Novem- ber, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. State of Iowa j County of Dubuque J SS. I, Richard H. LeMay, do hereby certify that on November 12, 1948, I pasted copies of the attache0 notice of Levy of Special Assess ment and Intention of the City Council to Issue Bonda along the line of improvement for the im• proving of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane. Signed, Richard H. LeMay. Subscribed and sworn to before me, Geraldine L. Jenni, A Notary Public, this 12th day of November, 1948. Geraldine L. Jenni Notary Public in and for Dubuque County, Iowa. Councilman Moffatt moved that the statement be received a n d made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Proof 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 improving of Lom- bard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane, presented and read. Councilman -loffatt moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. CITY OF DUBUQUE, IOWA. SCHEDULE OF ASSESSMENTS. RESOLUTION N0. 243.48 Resolved by the City Council of the City of Dubuque, Iowa, that to pay for the improving of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane, Thos. Flynn Coal Co. con• tractors, 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, sit- Vated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Raymond & Maybelle A. Hopkins, Lot 5b, Quig- ley's Sub. oP M. L. 157, 271.12. Margaret Eggers, Lot 56, Quigley's Sub. of M. L. 157, 282.90. Wm. Doty, Lot 57, Quig- ley's Sub. of M. L. 157, 280.54. Julius G. & Bernice Jen- kins, Lot 9, O'Neill's Sub. No. 3, 0.75. Wm. L. & Ruth Crane, Lot 10, O'Neill's Sub. No. 3, 7.99. Adam Gartner, Lot 12, O'Neill's Sub. No. 3, 10.25. Adam Gartner, Lot 11, O'Neill's Sub. Na. 3, 18.39. Michael Steve, Lot 13, O'Neill's Sub. No. 3, 39.83. Mayhew Bennett, Lot 14, O'Neill's Sub. No. 3, 72.28. Charles M. Bennett, Lot 16, O'Neill's Snb. No. 3, 168.30. Allen & Sylvia Lindenberg, Lot 16, O'Neill's Sub. No. 3, 203.09. Mary R. & Margaret Calla- han, Lot 17, O'Neill's Sub. Na. 3, ~ 62.90. Andrew & Theresa McGrath, Lot 18, O'Neill's Sub No. 3, 33.53. Thomas & Frances McGrath, Lot 19, O'Neill's Sub. No. 3, 15.91. Thomas Frances McGrath, Lot 20, O'Neill's Sub No. 3, 9.56. Howard & Anna Havens, Lot 21, O'Neill's Sub. No. 3, 6.51. Mary Fuchs, Lot 1, of Sub. ofloflofloflofl of 2, of Sub. 1 & 2 Sister's Add. 38.62. Otto Wimmer, Lot 2, of Sub. ofloflofloflofl of 2 of Sub. 1 & 2 Sister's Add. 144,76. Otto Wimmer, Lot 1, of 1 ofloflofloflof3 Sister's Add. 28.82. Augusta Wimmer, Lot 2, of loflaflof2ofSub.1 & 2 Sister's Add. 168.69. Mary Fuchs, Lot 1, W. 205' of Lot 4 of Sister's Add. 6.79. Frank Reuter & Florence L. Miller, Lot 1, of 1 of 15 Sister's Add. 14.62. Ft°ank Reuter & Florence L. Miller, Lot 2, of 1 of 15 Sister's Add. Frank Reuter & Florence L. Miller, Lot 1, of 2 of 15 Sister's Add. Frank Reuter & Florence L. Miller, Lot 2, of 2 of 15, Sister's Add. Lea T. & Lois M. Barrett, hot 16, W. 1-2 of S. 1-2 of Sister's Add. Leo T. & Lois M. Barrett, Lot 16, W. 1-2 of N. 1-2 of Sister's Add. John T. & Bernice M. Car- ter, Lot 16, E. 1-2 of N. 1.2 of Sister's Add. I. B. yi Dorothy M. Walsh, Lot 16, E. 1-2 of S. 1-2 of Sister's Add. Frank Reuter, Lot 1, of 1 of 1 of 17 Sister's Add. Frank Reuter, Lot 2 of 1 of 1 of 17 Sister's Add. Frank Reuter, Lot 2, of 1 of 17 Sister's Add. M. D. & Gertrude L. Fin- ton, Lot 1 of 2 of 17 Sis- ter's Add. Irwin J. & Katherine L. Behr, Lot 2 of 2 of 17 of Sister's Add. Joanna Sheldon, Lot 1 of 1 of 33 Sister's Add. Joanna Sheldon, Lot 1 of 1 of 32 Sister's Add. Joanna Sheldon, Lot 1 of 1 of 31 Sister's Add. Lois C. Murphy, Lot 30 Sister's Add. Lena P. Millin & Paulin D. Weland Lot 1 of 2 of 33 Sister's Add. Lena P. Miiiin & Paulin D. Weland, Lot 2 of 2 of 33 Sister's Add. Lena P. Millin & Paulin D. Weland, Lot 2 of 2 of 32 Sister's Add. Lena P. Millin & Paulin D. Weland, Lot 1, of 2 of 32 Sister's Add. Glen V. & Eliz. Schultz, Lot 2, of 2 of 11 Westaby's Sub. W. 50' - E. 100' Glen V. & Eliz. Schultz, Lot l,oflof2of11 Westaby's Sub. Daniel J. & Julia G. Gainor Lot 2, of 2 of 11 West- aby's Sub. E50' - E. 100' 116. 16.26. 4.95. 22.35. 40.51. 34.47 19.25. 171.03. 173.64. 175.53. 295.48. 284.30. 23 7.00. 68.50. 19.72. 6.63. 207.56. 6.93. 61.58. 16.52. 123.43. 54.54. 123.43. 48o Special Session, Nc Henry Victor, Lot 1, West- aby's Sub. 197.10. Dale E. & Margaret Cham- bers, Lot 2, Westaby's Sub. 73.91. Theodore & E. Marcel Tropf Lot 3, Westaby's Sub. 40.30. Helen M. Dustman, Lot 4, Weataby's Sub. 18.79. John E. & Dona W. Klinker Lot 5, Westaby'a Sub. 3.63. Fred J. & Clara Kleinschmidt Lotlofloflof59of Quigley's Sub. of M. L. 157, 137.26. Fred J. & Clara Klein- schmidt, Lot 1 of 1 of 1 of 1 of 58 Quigley's Sub. of M. L. 157 76.66. I Fred J. & Clara Klein- schmidt, Lot 2 of 68 of Quig]ey's Sub. of M. L. 157 147.77. Richard V. & Charlene L. ~i Hansel Lot 2 of 1 of 1 of 1 of 59 Quigley's Sub. of M. L. 157 52.05, Richard V. & Charlene L. Hansel, Lot 2 of 1 of 1 of 1 of 58 Quigley's Sub. of M. L. 157 29.05. Richard V. & Charlene L. Hansel, Lot 2 of 1 of 1 of 59 Quigley's Sub. of M. L. 157 28.40. Richard V. & Charlene L. Hansel, Lot 2 of 1 of 1 of 58 Quigley's Sub. of M. L. 157 15.86. Cheater E. & Pearl McCar- ten, Lot 2, of 1 of 59 of Quigley's Sub. of M. L. 157 13.26. Chester E. & Pearl McCar• ten, Lot 2, of 1 of 58 of Quigley's Sub. of M. L. 157 8.40. Chester E. & Pearl McCar- ten, Lot 2, of 1 of 2 of 24 Quigley's Sub. of M. L. 157 0.19. Chester E. & Pearl McCar- ten,Lot2of2oflofl of 25 Quigley's Sub. of M. L. 157 0.09. F. J. Reinker, Lot 1, of 1 of 2 of 24 Quigley's Sub. of M. L. 157 2.45. F. J. Reinker, Lot 1 of 2 of 1 of 25 Quigley's Sub. of M. L. 157 6.15. M. Fischer, Lot 26, Quigley's Sub. of M. L. 157 2.97. vember 29th, 1948 Jos. H. & Mildred Strub Lot 27, Quigley's Sub. of M. L. 157 1.76. Alfred J. Jr. & Florence Puls, Lat 28, Quigley's Sub. of M. L. 157 W. 60' 0.69 Dubuque Thrift Plan Inc. Lot 28, Quigley's Sub. of M. L. 157 E. 37' 0.20. Independent School Dist. Lot 46, Quigley's Sub. of M. L. 157 279.64. Independent School Dist. Lot 47, Quigley's Sub. of M. L, 157 279.64. Independent School Dist. Lot 48, Quigley's Sub. of M. L. 157 279.04. Independent School Dist. Lot 49, Quigley's Sub. 04 M. L. 157 276.36. Independent School Dist. Lot 50, Quigley's Sub. of M. L. 157 276.33. Hilda A. Huston, Lot 51, Quigley's Sub. of M. L. 157 275.66. Kath. Bieberman, Lot 52, Quigley's Sub. of M. L. 157 288.56. Kath. Bieberman, Lot 53, Quigiey's Sub. of M. L. 157 273.46. Clara Schaller, Lot 54, Quig• lay's Sub. of M. L. 157 286.36. Lena P. Millin & Pauline D. Weland, Lot 2, of 2 of 31 Sister's Add. 8.61. Lena P. Millin & Pauline D. Weland, Lot i of 2 of 31 Sister's Add. 10.21, Norris Sam & Gloria L. Annis, Lot 11, Stetmore Sub. 14.53. Roger A. & Arline A. Spang- ler, Lot 12, Stetmore Sub. 67.12. Dubuque Homes, Inc. Iot 13, Stetmore Sub. 165.34. Melvin J. & Anna M. Ahr- endt, Lot 14, Stetmore Sub. 179.37. Dubuque Homes, Inc. Lot 15, Stetmore Sub. 179.37. Clarence A. & Marg. S. Glaser, Lot 16, Stetmore Sub. 165.33. Donald D. R Ruth E. Bush Lot 17, Stetmore Sub. 67.11. Special Session, November zgth, 1948 481 Frank R. Jr. & Charlotte A. Beddow, Lot 18, Stet- more Sub. 17.92. Dubuque Homes Inc. Lot 1, of 2 of 1 of 33 Sister's Add. 207.4C. Dubuque Homes Inc. Lot 2, of 2 of 1 oY 33 Sister's Add. 44.86. Dubuque Homes Inc. Lot 8,of1of2of1of32Sis- ter's Add. 23.76 Dubuque Homes Inc. Lot 1,oflof2oflof 32 Sister's Add. 31.16. Dubuque Homes Inc. Lot 2, of 2 of 1 of 31 Sister's Add. 5.05. Dubuque Homes Inc. Lot 2, of 2 of 1 of 31 Sister's Add. 8.87• Dubuque Homes Inc. Lat 1 of 2 of 1 of 31 Sister's Add. 10.34. $8,630.48. 2380.93 Lin. Ft. Combin~- tion Curb and Gutter at $3.00 $7,142.80. 264.0 Lin. Ft. Radius Curb & Gutter at $3.00 792.00 1 Ea. Catch Basin at $150.00 150.00. 15 Lin. Ft. 15' Reinf. Conc. Pipe at Q5.00 75.00. 10 Ea. Drive- ways at $13.50 136.00 1 Ea. Driveways at $14.40 14.40 8,309.20. 6 percent Int. for 52 days 72.01. Extra Exp. at 3 per- cent 249.27. Total $8,630.48. All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adapted and approved this 29th day of November, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W, W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Resolution Providing far the Issuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 24448 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improving of Lom- bard Street hereinafter described has been completed and said im- provement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $8,630.48 AND WHEREAS, public notice as provided by law has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of improving of Lombard Street from the east prop- erty line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane there be issued improvement bonds to the amount of $8,630.48. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 29th day of Decem- ber 1948, shall be in denomina• bons of $600.00, except that there shall be one bond to the amount of $130.48. They shall be numbered from 3964 to 3981 inclusive and shall be divided into ten series, of which the bonds numbered 3964 and 3965 shall constitute the first series and shall be payable the first day of April, A. D. 1949, the bonds numbered 3966 and 3967 shall constitute the second aeries and shall be payable the first day 482 Special Session, November 2gth, 1948 of April, A. D, 1950, the bonds numbered 3968 and 3969 shall con• stitute the third series and shall be payable the first day of April, A. D. 1951, the bonds numbered 3976 and 3977 shall constitute the fourth series and shall be payable the first day of April, A. D. 1952, the bands numbered 3972 and 3973 shall constitute the fifth series and shall be payable the first day of April, A. D. 1953, the bonds numbered 3974 and 3975 shall con- stitute the sixth series and shall be payable the first day of April, A. D, 1954, the bonds numbered 976 and 3977 shall constitute the seventh series and shall be pay able the first day of April, A. D. 1955, the bonds numbered 3978 and 3979 shall constitute the eighth series and shall be payable the First day of April, A. D. 1956, the bond numbered 3980 shall consti• tote the ninth series and shall be payable the first day of April, A. D. 1957, the bond numbered 3981 shall constitute the tenth series a n d shall be payable the first day of April, A. D. 1958. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be pay able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be sub• stantially in the following form: No .............................. Series No ........................... CITY OF DUBUQUE Improvement BOND. The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A. D. 194.,....; or any time before that date at the option of the City, the sum of ..............................HUNDRED DOLLARS, with interest thereon at the rate of five per cent. per annum, payable on the presenta~ tion and surrender of the interest coupons hereto attached, both in• terest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 29th day of Novem- ber, 1948. This bond is one of a series of 18 bonds, 17 for $500.00 numbered from 3964 to 3980 inclu• sive, and one for $130.48 number- ed 3981, all of like tenor and date, and issued for the purpose of the improving of Lombard Street from the east property line of Gandolfo Street to 100 feet east of the east property line of Meadow Lane and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred payments at the rate of five per cent, per annum, and this bond is payable only out of the money derived from the collection of said special tas, and said money can be used for no other purpose. And ft is hereby certified and recited that all the acts and conditions and things required to be done prece- dent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and Par the assessments, collections and pay ment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevo- cably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 29th day December, 1948, and has authorized the use of their fac-simile signa- Special Session, November 2gth, 1948 483 tore to the interest coupons hereto attached. ......................................... Mayor City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ............day of .................... A. D. 194,....,, the City of Dubuque, Iowa, promises to pay to the bearer as provided in the bond, the sum of .....................................DOLLARS, at the office of the City Treasurer in the City of Dubuque, being............ months interest due that day on its .............................Bond No.............. dated ....................... 194......... Mayor Countersigned City Clerk. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be pre• pared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the fac• simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 29th day of Novem- ber, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car• ried by the following vote: Yeas -'.Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays None. State of Iowa 1 SS. County of Dubuque J I, Richard H. LeMay, do hereby certify that on November 12, 1948 I posted copies of the attached Notice of Levy of Special Assess• ment and Intention of the City Council to Issue Bonds along the line of improvement for the im- proving of Mount Loretta Avenue from the east property line o f Bryant Street to 181 feet east of the east property line of M cLenan Street. Signed, Richard H. LeMay. Subscribed and sworn to before me, Geraldine L. Jenni, a Notary Public, this 12th day of November, 1948. Geraldine L. Jenni Notary Public in and for Dubuque County, Iowa. Councilman Murphy moved that the statement be received a n d made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. Proof of publication, certified to by the publishers, of Notiee of Levy of Special Assessment and Issue Bonds for the improving of Mount Loretta Avenue from the east property line of Bryant Street to 181 feet east of the east prop- erty line of McLenan Street, pres- ented and read. Councilman Thomp- son moved that the proof of pub- 484 Special Session, November 29th, 1948 lication be received and filed. Sec owded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION N0. 245--48 Resolved by the City Council of the City of Dubuque, Iowa, that to pay for the improving of Mount Loretta Avenue from the east prop- erty line of Bryant Street to 181 feet east of the east property line of McLenan Street. City of Du- buque Force Account, 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, situate and owned, and for the several amounts set oAPosite each lot or parcel of real estate, as follows: Independent School District, Lot 2 of Lot 1 of Mineral Lot45& lofBofM.L. 47 & 153 Union Add. (Sub a) .... .................................24.11 Independent School Dis- trict, Lot 1 of Lat 1 of M. L. 47 & 153 Union Add. (Sub a) ......................................35.29 Independent School Dis- trict, Lot 2, Mineral Lot 45 ........._ ...........................156.75 Presentation Nuns, Lot 3, Mineral Lot 45 ......................139.11 Presentation Nuns, Lot 1 of Lot 4, Mineral Lot 45 ...,247.13 Presentation Nuns, Lot 1 of Lat 1 of 1 of 1 Mineral Lot 48 ......................................385.75 Presentation Nuns, Lot 2 of Lot 1 of 1 Mineral Lot 48 ..82.08 Victor H, & Bernice S. Steege, Lot 2 of Lot 2 of 1 Mineral Lot 48 ........................41.04 James L. Mulligan, Lot 1 of Lot 2 of 1 Mineral Lot 48 W: 50' ..............._.,............,........41.04 Jacob & Eliz. Schwaegler, Lot 1 of Lot 2 of 1 Mineral Lot 48 W. 50' of E. 100' ......41.04 Robert M. & Lena. R. Jones, Lot 1, of. Lot 2 of 1 Mineral. Lot 48 E. 50' of E. 100' _. _._.....41.04 Harold E, Edith, E. Duffin, Lot. 2 of Lot 2 Mineral Lot 48 ._..._._ .............................40.22 Margaret Kretz, Lot 1 of Lot 1 of 2 Mineral Lot 48 ... .36.93 Earl A. & Helen A, Biechler, Lot 2 of Lot 1 of 2 Mineral Lot 48 .........., .26.06 Constance Kelsen, Lot 46 Oak Grove Add . ................... ...3.93 Constance Kelsen, Lot 60, Oak Grove Add . .................. .83.23 Constance Kelsen, Lot 59, W. 50', Oak Grove Add...... .38.89 Leo J. & Gertrude Clemens, Lot 59, E. 10' Oak Grove Add .............................. . 7.79 Leo J. & Gertrude Clemens, Lot 58, Oak Grove Add...... ,46.67 Leo J. & Gertrude Clemens, Lot 57, W. 50', Oak Grove Add . ............................. .25.24 Marion Gibbs, Lot 57, 'w. 70', Oak Grove Add .............. .35.34 Leo J. & Gertrude Clemens, Lot 66, W. 50' of S. 40' Oak Grove Add .............................. ...6.51 Marion Gibbs, Lot 57, E. of S. 40' Oak Grove Add. ..9.11 Carl F. Jr. & Minnie Freihofer, Lot 56, N. 20', Oak Grove Add. ...._ ............. ...5.72 Carl F. Jr. Rc Minnie Freihofer, Lot 55, Oak Grove Add ............................... ....9.37 Carl F. Jr. & Minnie Freihofer, Lot 54, S. 40', Oak Grove Add ..................... ....2.06 Florence Killeen, Lot 1 of 2 of 1 of South 310' of 1 of Sub. 14 & 15, Oak Grove Add . ........................................ ..41.2'3 Edward W. 8c Katherine. Maahs, Lot. 2 of 2 of 1 of S. 310'' oP 1 of Sub, 14 At 15, Oak Grove Add . .................. ..31.75 Julius. J. & Roae Noel, Lot 2 of l: of 14 & 15 of S. 330', Oak Grove Add. ,....._._......,.. ..34.93 Earl L. and Blanche V. Kramer, LotloflofloflofS. 310'of1of14&15,Oak Grove Add ............................. ..19.20 C.N. - pages 90,91,92. Stampfer Bldg. Co., Lot 2 of loflofiS.310'1of14 & 15, Oak Grove Add....... ....6.40 Kenneth R. & Helen A. Cor• win, Lot 1 of 2 of 1 of 1 S. 310'1of14&15,Oak Grove Add ............................. ....3.91 Robert F. & Frances Slivken, Lot 1 of 1 of 2 English Lane Sub....••..•.. ••••• •...4.39 c 1 R ~ C Special Session, November 29th, 1948 488 Robert F. & Frances Slivken, Lot 2 of 3 English Lane Sub . ......................................... .. 63 Oswin J. & Grace E. Tigges, Lot 1 of 3 English Lane Sub ............................................ ...2.14 Oswin J. & Grace E. Tigges, Lot 2 of 4 English Lane Sub . ........................................ ......64 John A, & Mary Matous, Lot 1 of 4, English Lane Sub . ............................... ...1.21 John A. & Mary Matous, Lot 2 of 5, English Lane Sub . ........................... .....98 Dubuque Homes, Inc., Lot 1 of 5, English Lane Sub.... .... .66 Kenneth E. & Helen E. Mercer, Lotl of 2 of Mineral Lot 42 ...................................... .35.12 Kenneth E. & Helen E. Mercer, Lot 2 of 2 of 4 Mineral Lot 42 .................. 6. Fred H. & Marion L. Kruse, Lot 1 of 2 of 4 Mineral Lot 42 ..................................... ..63.70 Floyd D. & Dorothy Rundle, Lot2oflafloflof4af M. L. 42 .................................. ....4.44 Willis R. & Lulu Grewell, Lot 2 of 1 of 1 of 4 Mineral Lat 42 .................................... ....2.39 Robert L. & Edith W. Barton, Lot 1 of 5 Mineral Lot 42 .. ..86.59 Emma Buchanan, Lot 6 Mineral Lot 42 ...................... ..84.54 Martha Burge, Lot 7 Mineral Lat 42 ...................................... ..77.56 Charles Rhomberg, Lot 3 Oak Grove Addition ............ 129.41 Mary Helen Boyd, Lot 4 Oak Grave Addition ........... ..80.92 William Thill, Lot 5, Oak Grave Addition . .................... ..56.05 William Thill, Lot 1 of.l of 6 Oak Grove Addition ......... ...21.84 Fred J. & Margaret Hantel- man, Lot 2 of 6 Oak Grove Addition ................................. ...33.91 Fred J. & Margaret Hantel- man, Lot 2 of 1 of 6 Oak Grove Addition . ................... .....2.90 Catherine Williamson et al, Lot 7 Oak Grove Addition . ...42.97 Catherine Williamson et al, Lot 8 Oak Grove Addition . ...45.69 Jennie Daugherty, Lot 9 Oak Grove Additiau ......... ...45,39 Mettel Realty & Inv. Co., Lot 10 Oak Grove Addition . .40.76 Lester C. & Louise K. Rafoth, Lot 2 of 11 Oak Grove Addition .................................. .42.20 Lester G. & Louise K. Rafoth, ' Lot 2 of 12 Oak Grove Addition ................................... .41.43 Louis & Madeline C. Hagerty, Lot 1 of 11 Oak Gmve Addition ................................... ...2.43 Louis & Madeline C. Hagerty, Lot 1 of 12 Oak Grove ....... . 2.74 Lillie & Mary Corcoran, Lot 1 Ryder Sub..........- ................ .26.61 Oliver & Anaclete Larson, Lot 2 'Ryder Sub ................. .26.61 Harry J. & Dorothy Butters, Lot 3 Ryder Sub .................. 26.61 Harry J. & Dorothy Butters, Lot 4 Ryder Sub ......... ........ .26.61 Wilfred H. & Thelma M. Miehe, Lot 2 of 2 of 1 of 1 5.310'oflofl4&150ak Grove Add . ..............._........... ....2.06 Francis L. Duggan, Lot 16 Oak Grove Add ............... ... .49.25 Francis L. Duggan, Lot 17 Oak Grove Add . .................. ..49.25 Lowell J. & Anita M. Mat• thewson, Lot 18 Oak Grove Add ........................................... ..49.25 John Hallahan et al, Lot 1 of 19 Oak Grove Add. .... ..37.76 Peter J. & Severine Faber, Lot 2 of 19 Oak Grove Add. ,.37.76 City of Dubuque, Lot 3 Ran- dall's Sub ............................... 420.64 Aloysius T. & Veronica Schuster, Lot 1 Columbia Add ........................................... ..48.61 ~ Charles J. & Lewina Mc - Laughlin, Lot 2, Columbia Add....... .................................... ..15.88 Robert E. Twaites, Lot 3 Columbia Add . .................. ....8.81 Robert E, Twaites, Lot 4 Columbia Add ...................... .....4.25 Robert E. Twaites, Lot 5 Columbia Add .......................... .....2.14 Louis F. Fautsch, Lot 6, Und. 1.2, Columbia Add.. ..,,.1.06 Bernice McCauley, Lot 6 Und. 1-2, Columbia Add.. ........97 Johanne Zauche, Lot 7 Columbia Add ...................... ..... 49. John P. & Martha Rodham, Lot 16, Columbia Add...... ...32.77 John P & Martha Rodham, Lot 18, W. 50', Columbia Add .......................................... .....3.58 486 ,Special Session, November 2gth, 1948 Anna Hamilton, Lot 17, Columbia Add . .............. 32.16 Anna Hamilton, Lot 18, E. 50', Columbia Add ......................... ..3.83 Robert E. Twaites, Lot 19, Columbia Add . ........................ ..3.99 Robert E. Twaites, Lot 20, Columbia Add ......................... ..2.49 Louis F. & Lorraine Fautsch, Lot 21, Columbia Add ........... ..2.19 Louis F. & Lorraine Fautsch, Lot 22, Columbia Add..,....., ..1.18 Margaret & Vivian Keup, Lot 31, Columbia Add........... 25.17 Arvin E. & Myrtle Humke, Lot 32, Columbia Add......... ..5.05 Arvin E. & Myrtle Humke, Lot 33, Columbia Add.......... .,1.26 Herman Mehl, Lot 6, W. 1.2, Mineral Lot 45 ...................... 54.58 Elizabeth Fury, Lot 6, E, 1-2, Mineral Lot 45 ...................... 54.58 Vincent & Kathryn Fernan, Trot 2 of 2 of 6 Mineral Lot 45 ....................................... 31.75 Presentation Nuns, Lot 1 of 2 of 6 Mineral Lot 45 ........205.14 Geo. L. & Dorothy L. Mc- Donald, Lot 1 of 5 Mineral Lot 45 ........................................ 12.66 Presentation Nuns, Lot 1, Mineral Lot 42 ...................... ..2.26 Geo. L. & Dorothy L. Mc- Donald, Lot 1 of 1, English Lane Sub ................................. 92.41 Geo. L. & Dorothy L. MG Donald, Lot 2 of 1 of 2, English Lane Sub ................. ..1.78 Dubuque Homes, Inc., Lot 9, English Lane Sub ................ ...1.95 Home Owners Loan Corp., Lot 5, Ryder's Sub .............. .25.81 Home Owners Loan Corp., Lot 6, Ryder's Sub . ........... .25.81 Hugh A. & Luella E. Brown, Lot 2 of 1, Mtnera] Lot 39 ... .35.13 Louis Hoffman, Lot 2, E. 30', Mineral Lot 39 ....................... .15.96 Louis Hoffman, Lot 3, Mineral Lot 39 ..................... .31.93 Edw. D. & Ruth B. Walker, Lot 4, Mineral Lot 39 ........... .31.99 Helen M. Brockmann, Lot 5, Mineral Lot 39 ................. .31.99 Mettel Realty & Inv. Co., Lot 6, Mineral Lot 39 ......, .31.99 Jahn & Mary Theoes, Lot 7, Mineral Lot 39 ................. .31.94 Arthur E. & Lorraine A. Weiland, Lot 8, Mineral Lot 39 ....................................... .31.99 Robert F. & Frances Slivken, Lot 2 of 1, English Lane Sub ..................................................15 Hugh A. & Luella E. Brown, Lot 2, W. 30', Mineral Lot 39 ........................................15.97 $4,424.94 All of which is assessed in pro- portion to the special benefits con• ferred. Passed, adopted and approved this 29th day of November, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None, (Resolution Providing for t h e Issuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 246 - 48. WHEREAS, the contract here- tofore entered into by the City of Dubuque for the improving of Mt. Loretta Ave. hereinafter describ• ed, has been completed and said improvemeut has been accepted by the City Council of said Gity and the City Engineer has com- puted the cost and expense there- of to be $4,424.94 AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and deter- mined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the improving of Mount Loretta Avenue from the east property line of Bryant Street. Special Session, November 29th, 1948 487 to 181 feet east of the east protr- erty line of McLenan Street there be issued improvement bonds to the amount of $4,424.94 Said bonds shall be issued under the provisions oP Chapter 396 oY the Code of Iowa, 1946; shall bear the date of the 29th day of Dece~n• ber, 1948, shall be in demm~ina- tions of $500.00, except that there shall be one bond to the amount of $424.94. They shall be numbered from 3982 to 3990 inclusive and shall be divided into three series. of which the bonds numbered 3982. 3983 and 3984 shall constitute the first series and shall be payable the first day of April, A. D. 1949. the bonds numbered 3985, 3986 and 3987 shall constitute the second series and shall be payable the first day of April, A. D. 1950, the bonds numbered 3988, 3989 a n d 3990 shall constitute the t h i r d series and shall be payable the first day of April, A. D. 1951. Said bands shall bear interest at the rate of five per cent. per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of t h e City Treasurer in the City of Dubuque. Said bonds shall be sub- stantially in the following form: No . ............._,...........,......._. Series No . .......................... CITY OF DUBUQUE Improvement bond The City of Dubuque in fhe State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, A. D. 194......; or any time before that date at the option of the City, the sum of ......................_.... HUNDRED DOLLARS, with inter- est thereon at the rate of five per cent. per annum, payable on the presentation and surrender of the interest coupons hereto attached, both interest and principal are pay able at the office of the C i t y Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pur- suant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 29th day of Novem- ber, 1948. This bond is one of a series of 9 bonds, 8 for $500.00 numbered from 3982 to 3989 inclu- sive and one for $424.94 numbere 1 3990, all of like tenor and date, and issued for the purpose of im- proving of Mount Loretta Avenue Bryant Street to 181 feet east of the east property line of McLenan Street and described in said reso- lution; which cost is assessable to and levied along said improvement, and is made by law a lien on all aboutting or adjacent property and payable in ten a n n u a l installments, with interest on all deferred payments at t h e rate of five per cent per an- num, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that ail the acts and conditions and things required to be done prece- dent to and in the issuing of this series of bonds have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and pay- ment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irre- vocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 29th day Decem- ber, 1948, and has authorized the use of their fac-simile signature to the interest coupons hereto at- tached. Mayor City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ..............day of .. .. .. A. D. 194......, the City of Dubuque, Iowa, promises to pay to the bearer as provided in the bond, the sum of .......................... .....__.Dollars, at the office of the City Treasurer in the City of Dubuque, being .... _ .. months interest due that day on ~~ 488 Special Session, November 29th, 1948 its ..........................................Bond No. dated ...................... . 194.,,.... .........................Mayor. City Clerk. Countersigned BE IT r^URTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bands to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also regis- ter them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVE?", that the interest coupons attached to the bonds be signed with the fac-smile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as Pastas funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 29th day oP Novem- ber, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen, Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption. of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Wharton moved that the rules be suspended for. the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Murphy, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Notice of Claim of Mary C. How- ard in an unstated amount for in- juries received in a fall on an obstruction in the sidewalk on 14th . Street in front of St. John's Church presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City So- licitor for investigation and report. Seconded by Councilman ,Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Notice of Claim of The Hawks Incorporated in the amount of $50. for damages to the club airplane caused when the front wheels fell into an unmarked ditch at the Municipal Airport, presented and read. Councilman Murphy moved that the Notice of Claim be referr- ed to the City Solicitor for in- vestigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. ORDINANCE N0. 19.48 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 extend th e "Multiple Family Residence Dis- trict" from its termination at Paul- ina Street to include certain de- fined territory on the northerly side of West Fifth Street to Alpine Street, said ordinance having been passed upon first reading on November 22nd, 1948 and ordered placed on file with the City Clerk for public inspection for at ]east one week before its final adop• tion, was presented for final adop- tion. ORDINANCE N0. 19.48. An Ordinance amending and chang- ing the Zoning Map of the City of Du- tuque as provided by Ordinance No. 3-.34, designated "Zoning Ordinance cf Special Session, November 29th, 1948 489 the City of Dubuque" so as to extend I the "Multiple Family Residence Dis- trict" from its termination at Paulina Street to include certain defined ter- ritory nn the northerly side of West I+'ifth Street to Alpine Street. Whereas, it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque so as to extend the "Multiple Family Reei- dence District" from its Present term- ination at Paulina Street to include certain defined territory on the north- erly side of West Fifth Street to Al- pine Street. And, Whereas, Notice of such pro- posed change has been published as provided by law and an opportunity afforded to any and all interested par- ties and citizens to object thereto at a public meeting held at 7:3b p, m., November 22nd, 1948, in the Council Chamber in the City Hall. And, Whereas, no objections have been filed or made to the proposed change. Now, Therefore, Be It Ordained by zne City Council of the City of Dubuque: Sec. 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be, and the same is hereby amended and changed as follows: By extending the present "Multiple Family Residence District" from rts present termination at Paulina Street to include real e state on the norther- ly side of West Fifth Street to Alpine Street, said extension to include the following described property: Beginning at a point at the inter- ~ectiou of the center line of Paulina Street extended and the center line of West Fifth Street; thenece north- erly along the center line oP Paulina Street extended to the northeasterly corner oP Lot 1 of Lot 1 oY Lot 7 of 'Mineral Lot 79; thence westerly along the northerly line of said Lot of Lot 1 of Lot 7 of Mineral Lot 79 to the northwest corner thereof; thence southerly along the u*esterly line of said Lot 1 of Lot 1 of Lot 7 of Mineral Lot 79 to the north- easterly corner of Lot 2 oY Lot 1 of Lot 1 of Lot 1 of Lo! 3 of Lot 7 of Miners] Lot 79; thence westerly along the. northerly line of the Lots fronting on West Fifth Street to Alta Vista Street; thence north- westerly along the center line of Alta Vista Street to the intersec- tion of the center line of Carlotta Street extended and the center line of Alta Vista Street; thence along the center line of Carlotta Street to the intersection of the center line of Carlotta Street extended and the center line of Alpine Street; thence southerly along the center line of Alpine Street to the inter- sectian of the center lines of Al- pine Street and West Fifth Street; thence easterly along the center line of West Fifth Street to Point of beginning, Sec. 2, This Ordinance shall be in force and effect ten (10) daps from and after its foal passage, adop- tion and publication as Provided by law. Passed upon first reading this 22nd day of November, 1998. Passed, adopted and approved upon final reading this 29th day of No- vember, 1948. FRANK VAN DUEL3fAN, Mayor. F. W. THOMPSON, GEO. R. MURPHY, ALBERT WHARTON, W, W. MOFFATT, Attest: Councilmen. J. J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 1st day of Decemher, 1948. J J. SHEA, 12-1-1t City Clerk. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. ORDINANCE N0. 20 • 48. An Ordinance for the vacation of that part of Fourth Street Exten- sion as originally located lying between the southerly boundary .f Fourth Street Extension as origin- ally located and Fourth Street Extension as thereafter relocated and now existing in Blocks 22, 2G and 30 in Dubuque Harbor Improve- ment Company's Addition -to the City of Dubuque, Iowa and in Block A of Booth's Addition to the City of Dubuque, Iowa, and that part of the Alley in Block 22 in Dubuque Harbor Improve- ment Company's Addition and that part of Washington Street and that part of Fifth Street lying between the southerly boundary of Fourth Street Extension as originally loca- ted and the present boundary of Fourth Street Extension, all in the City of Dubuque, Iowa, said ordin- ance having been passed upon first reading on February 22r_d, 1948 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. 20 - 48. An Ordinance for the vacation of that part of Fourth Street Extension as originally located lying between the southerly boundary of Fourth Street Extension as originally located and Fourth Street Extension as the^oafter relocated and now existing in Blocks 23, 26 and 30 in Dubuque Harbor Tmnroven:ent OompanTs Ad- dition to the City of Dubuque, Towa, and in Elook A n4 Rooth's Addition to the City of Dubuque. Iowa, and that Hart of the alley in Block 22 in Dubuque Harbor Improvement Com- nany's Addition and that part of Washington Street and that part of F+fth Street lying between the south- erly boundary of Fourth Street Ex- 49o Special Session, November 29th, 1948 ~ ~ Special Session, November 29th, 1948 491 tension as originally located and the present boundary oP Fourth Street Extension, al] in the City of Dubuque, Iowa. BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That part of Fourth Street Extension as originally located lying between the southerly boundary thereof and the present southerly botmdary of Fourth Street Extension in Blocks 22, 26, and 30 in Dubuque Harbor Improvement Company's Ad- dition to the City of Dubuque and Block A in Booth's Addition to the City oY Dubuqua, Iowa, and the alley in said IIlock 22 in Dubuque Harbor Improvement Company's Ad- dition and that part of Washington Street and that part of Fifth Street lying between the southerly bound- ary of Fourth Street Extension as originally located and the present southerly boundary oP Fourth Street Extension, all in the City of Bubuque, Iowa, be and the same is hereby vacated. Section 2. That The Adams_ Com- pany cause a plat to be made of so much of said vacated areas as have not heretofore been platted or given distinctive description so that all of said areas shall be platted and give^ a distinctive lot description, and the ;Mayor and City Clerk of Dubuque, Iowa, are hereby authorized to make, execute and deliver a quitclaim deed to all of said vacated area to The Adams Company; the uwner of the adjoining property thereto. Section 3. That the City Clerk be and he is hereby directed to record in the office of the Recorder of Dubuque County, Iowa, a certified coP3' of this Ordinance. Section 4. That this Ordinance be- ing deemed urgent and in the inter- est of public welfare. shall be in farce and sffect immediately upon its adoption and approval by the City Council and publication as pro- vided by law, said publication to be at the expense of The Adams Com- pany. Passed upon first reading this 22nd day of November, 1948. Passed, adopted and approved upon final reading this 29th day of Novem- ber, ]943. FRANK VAN DUELMAN Mayor. F. A'. THOMPSON GEO. R MURPHY ALBERT WHARTON TV. W. MOFFATT Councilmen. ATTEST: J. J. SHEA, City CLerk. Published officially in The Tele- graph-Herald Newspaper this 1st day oP December, 1945. 13-]-It J. J. SI3EA, City Clerk Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 247 - 48. WHEREAS, the City of Dubuque Iowa, adopted a certain resolution dated April 5, 1888, said resolution being shown in the records of the City Council of Dubuque, Iowa, Council Record Book 18, pages 559 and 560, and WHEREAS, said resolution vaca- ted acertain alley running through Block B in Booth's Addition to the City of Dubuque, Iowa, and Fifth Street lying between Block A and Black B in Booth's Addition to the City of Dubuque, Iowa, and WHEREAS, said resolution pro- vided that said vacated alley and street were vacated in favor of the owners of the property abutt• ing thereon, and WHEREAS no deeds were ex- ecuted and delivered by the City of Dubuque vacating said areas to the abutting owners, and WHEREAS, The Adams Com- pany is now the present owner of the property abutting upon said vacated street and alley, and WHEREAS, said vacated street and alley are now being used and have been used by The Adams Company for many years last past, NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, that the Mayor and City Clerk of the City of Dubuque, Iowa, be and they are hereby authorized to make, execute and deliver a quit- claim deed to The Adams Com• pony, an Iowa corporation wiath its principal place of business in the City of Dubuque, Iowa; covering the following described r e a 1 estate in the City of Dubuque, Ia., to -wit: Lots B-7 and B-8 in Booth's Ad- dition in the City of Dubuque, Ia., according to the plat filed in the office of the County Recorder of Dubuque County, Iowa, on the 2nd day of December 1948, in Book of Plats 17, Pages 128 and 129. Adopted this 29th day of Novem- ber, 1945. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 248 - 48, WHEREAS, the City of Dubuque, Iowa, adopted a certain ordinance March 2, 1896, approved March 4, 1896, vacating Washington Street and the alley between Washing- ton and Wall Streets from High Bridge Avenue to Bell Street and from Bell Street to Tower Street and other streets and alleys, and WHEREAS, said ordinance pro- vided that said streets are "aban- doned as public highways in favor of the owners of the property abutting thereon", and WHEREAS, no deeds were ever executed and delivered by the City of Dubuque to said vacated streets to the abutting property owners, and WHEREAS, The Adams Com- pany is now the owner of property abutting upon the vacated streets and alleys, and WHEREAS, The Adams Com- pany is now using and occupying said property and have used and occupied it since the vacation of said streets and alleys, NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, that the Mayor and City Clerk of the City of Dubuque, Iowa, be and they are hereby authorized to make, execute and deliver a quitclaim deed to The Adams Company, an Iowa corporation with its principal place of business in the City of Dubuque, Iowa, covering the follow- ing described real estate in the City of Dubuque, Iowa, tawit: Lots A-4, A-5, A-6, and A-7 in Du- buque Harbor Improvement Com- pany's Addition to the City of Dubuque, Iowa, as shown on plat recorded in the office of the County Recorder of Dubuque County, Iowa on the 2nd day of December, 1948, in Boox of Plats 17, Pages 128 and 129. Adopted this 29th day of Novem- ber, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vofe: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 249 48. WHEREAS, the City of Dubuque, Iowa, adopted a certain ordinance dated July 19, 1917, vacating cer- tain.streets and alleys in the City of Dubuque, Iowa, including por- tions of Fourth Street and Market Street and a portion of the alley in Block G in Booth's Addition to the City of Dubuque, Iowa and the alley lying between Booth's Ad- dition and Dubuque Harbor Im- provement Company's Addition to the City of Dubuque, Iowa, and WHEREAS, said ordinance pro- vided that said vacated streets and alleys were granted to the owners of the property abutting thereon, and WHEREAS, no deeds were ever executed or delivered by the City of Dubuque to said abutting own- ers, and WHEREAS, The Adams Com- pany is now the present owner of the portions of the property abutt- ing said vacated streets and alleys, and WHEREAS, The Adams C o m- pany has caused so much of said vacated areas as abut on their property to be platted, said areas now being described as hereinafter set out, and WHEREAS, The Adams C o m- pany flow uses and occupies said vacated areas and has ever since 1917, NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, that the Mayor and City Clerk of the City of Dubuque, Iowa, be and they are hereby authorized to make, execute and deliver a quitclaim deed to The Adams Company, an Iowa corporation with its principal place of business in the City of Dubuque, Iowa, covering the follow- ing described real estate in the City of Dubuque, Iowa, tawit: Lots A-1, A-2, and A•3 in Dubuque Harbor Improvement Company's Addition to the City of Dubuque, Iowa, and Lota B-1, B•2, B-3, B-4, B-5, B-6 and B-9 in Booth's Ad- dition to the City of Dubuque, Ia. all as shown on plat recorded in the office of the County Recorder 492 Special Session, November Zgth, 1948 of Dubuque County, Iowa, on the 2nd day of December, 1948, in Book of Plats 17, Pages 128 and 129. Adopted this 29th day of Novem- ber, 1948. FRANK VAN DUELMAN Mayor. F. W. THO~VIPSON GEO. R. MURPHY ALBERT WHARTON W, W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Ordinance No. 21-48. An Ordi- nance granting to Sisters of St. Francis of Dubuque County, IOvra, its successors and assigns, the right to construct a sanitary sew- er in Windsor Avenue from the end of the present sewer at the intersection of Lowther Street and Windsor Avenue, thence northerly to the City Limits, prescribing the conditions of this grant and regu- lating connections with said sewer, said ordinance having been passed upon first reading on November 22nd, 1948 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE N0. 21-48 An Ordinance granting to Sisters of St. Francis of Dubuque County, Iowa, its successors and assigns, the right to construct a sanitary sewer in Windsor Avenue from the end of the present sewer at the intersection of Lowther Street and Windsor Ave- nue, thence northerly to the City Limits, prescribing the conditions of this grant and regulating connections with said sewer. WHEREAS, Sisters of St. Francis of Dubuque County, Iowa, has filed its petition wits the City Council of the City of Dubuque, Iowa, for permission to construct at its expense an eight (8) inch sanitary sewer in Windsor Avenue commencing at and connected to the end of the present sewer at the intersection of Lowther Street and Windsor Avenue, thence northerly to the City Limits, said sewer to be then extended to connect with and serve the buildings oP petitioner, and this Council, after due consideration, finds no abjection to the granting of said request. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Sisters of St. Fran- cis of Dubuque County, Iowa, its successors and assigns, be and it is hereby granted the right to con- struct an eight (8) inch sanitary sewer in Windsor Avenue commenc- ing at and connected to the end of the present sewer at the inter- section of Lowther Street and Wind- sor Avenue, thence northerly to the City Limits, said sewer then to be extended to connect with and serve the buildings of said grantee, its successors and assigns. Section 2. That Che total cost of constructing said sewer shall be paid by the grantee and said sewer shall be built under the direction and supervision oP the City Manager and the City Engineer. Section 3. That before commencing any excavation in the street pre- paratory to the raying oP the sewer, said grantee or the contractor to whom the work shall be awarded shall cause to be fired with the City of 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 Iowa, is named as an additional insured and by the terms of which policy the City oY Dubuque, Iowa, shall be insured against liability in the amount of Ten Thousand ($10,000.00) Dollars for any damages which may be sustained by third persons by reason of the construction of said improvement and said policy shall remain in force and effect until al] ditches have been refilled, obstructions removed from the street and the surface of the street and sidewalks replaced to as good condition as they were in before disturbed. Section 4. Asa `'urther condition to this grant, it is understood that after said sewer is completed the City of Dubuque shall have the right to make extensions thereto into other streets or districts without being re- quired to pay any part of the cast of the original construction of the sewer herein authorized. Section 5. Upon completion of the aforesaid project pursuant to the di- rections and supervision of the City Manager and City Engineer, the same shall be accepted by the City Council of the City of Dubuque, and there- after all maintenance and repairs of this sewer shall be paid by the City of Dubuque. Section 6. After said sewer has been completed and the total cost thereof determined such cost shall be certified as correct and filed in the office of the City Clerk, where the same shall remain as a perma- nent record. Any person or persons desiring to connect with said sewer shall first apply Lo the City Council far permission so to do and such per- mission shall be granted upon condi- tion that such property owner pay to the applicant herein, its successors or assigns, such a part of the total original cost of construction of said sewer as the linear feet oP the proper- ty 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 o: its free use interfered with by the grantee herein, its suc- cessors or assigns. Section 8. As a further condition to this grant, it is understood that there are to be no other connections to that part of „aid sewer extending beyond the City Limits other than from buildings and improvements Special Session, November 2gth, 1948 493 owned by grantee herein, its suc- cessors and assigns, without first securing the approval of the City Council. Section 9. As a further condition to this grant, it is understood that that part of this sanitary sewer ex- tending north of the City Limits shall be used to carry only sanitary sewage from the buildings and im- provements of grantee herein, its suc- cessors and assigns; that no down- spouts shall be connected therewith; that no surface water or drainage of any kind shall be run into said ', sewer and the City of Dubuque shall have power to correct such condi- tions should they exist. Section 10. This Ordinance being deemed urgent and of immediate ne- cessity shall be m force and effect Prom and after its final passage, adoption, approval and publication as by law provided a.nd when the cost in connection therewith has been paid by grantee herein and when the terms hereof are accepted by grantee herein which acceptance shall be endorsed hereon. Passed upon first reading this 22nd day of November, 1948. Passed, adopted and approved upon final reading this 29th day of Novem- ber, 1948. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. - W. MOFFATT Counwilmen. Attest: J. J. Shea, City Clerk ACCEPTANCE OF ORDINANCE N0. 2118 Sisters of St. Francis of Dubuque County, Iowa, having full knowledge and understanding of all the terms and conditions of Ordinance No. 21- 48 hereby accepts the same as passed and agrees to comply with all the terms and conditions thereof. Executed this 30th day of Nov., 1948. SISTERS OF ST. FRANCIS OF DUBUQUE COUNTY, IOWA By MOTHER M. HtMINA, O.S.F. President SISTER M. LORETTA, O.S.F. Secretary Published officially in The Tele- graph-Herald newspaper this 2nd day of December, 1948. 12-2-1t J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Ordinance No. 22-48. An Ordi- nance designating intersections at East 21st Street and Washington Street, and East 21st Street and Elm Street as stop intersections, providing for the erection of stop signs and a penalty for the viola- tion of the terms hereof, said ordi- nance having been passed upon first reading on November 22nd, 1948 and ordered placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption, was pre- sented far final adoption. ORDINANCE N0. 22.48. An Ordinance designating intersec- tions at East 21st Street and Wash- ington Street, and East 21st Street and Elm Street as stop intersections, providing for the erection of stop sigus and a penalty for the violation of the terms hereof. BE IT ORDAINED BY THE CITY COUNCIL OH` THE CITY OF DUBUQUE, IOWA: Section 1. That the intersection at East 21st Street and Washington Street and the intersection at East 21st Street and Elm Street in the City of Dubuque, be, and they are hereby designated as stop intersec- tions. Section 2. That stop s[gns shall be erected on Washington Street and Elm Street on both sides of East 21st Street, and all vehicles shall come to a full stop before entering East 21st Street upon Washington Street; and all vehicles shall come to a full atop before entering East 21st Street upon Elm Street. Section 3. That any and all ordi- nances or parts thereof in conflict herewith are hereby repealed. Section 4. That any person, firm or corporation violating the provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine not to exceed $100.00 and by imprison- ment of not more than 30 days. Section 5. That this Ordinance shall be in force and effect ten days from and after its final passage, adoption and approval by the City Council and publication as by law provided. Passed upon first reading this 22nd day of November, 1948. Passed, adopted and approved upon final reading this .29th day of Novem- ber, 1948. FRANK VAN DUELMAN Mayor GEO. R. MURPHY F. W. THOMPSON ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA ,City Clerk. Published officially in The Tele- graph-Herald newspaper this 1st day of December, 1948. 12-1-1t J. J. SHEA, City Clerk Councilman Wharton moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Teas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Ordinance No. 23-48. An Ordi- nance creating and establishing "Bradley Street Sewer District", which district embraces all of the lands within the drainage area of the sewer system to be construct- ed within the same, declaring that all lands within said district are benefited by the sewers to be con- structed therein and subject to 494 Special Session, November zgth, 1948 special assessments for the pay lnent of the cost of such server and appurtanancea thereto and de- fining all of such lands which are subject to be furnished with sewer connections or drainage by said sewer system to the adjacent prop- erty, said ordinance having been passed upon first reading on No- vember 22nd, 1948 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, 23.48 An Ordinance creating and estab- lishing "Bradley Street Sewer Dis- trict," which district embraces all of the lands within the drainage area of the sewer system to be constructed within the same, declaring that all lands within said district are bene- fited by the sewers to be constructed therein and subject to special assess- ments far the payment of the cost of such sewer and appurtenances thereto and defining all of such lands which are subject to be furnished with sewer connections or drainage by said sewer system to the ad- jacent property, Be It Ordained by trte City Council of the City of Dubuque: Sea 1. That there be and there is hereby created and established a newer district within the City of Du- buque, said district to be known and designated as "Bradley Street Sewer District," and all lots, lands and par- cels of real estate situated within and bounded as hereinafter defined shall be deemed to comprise said district and the same are hereby found and declared to be benefited by the sanitary sewers and appur- tenances thereto to be laid and con- structed within said district, such district being circumscribed by a line drawn as follows: Beginning at the southwest corner of lot number 62 of Grandview Place and running in an easterly direction along the southerly line of lots num- bered 62 to 55 inclusive of Grand- view Place; thence southerly along the westerly line of lots numbered 1 to 3 inclusive oP Block 16 of Grand- viety Park; thence easterly along the southerly line of lots numbered 3 of Block 18 of Grandview Park to the southeast corner of lot number 1R oY Block S inclusive of Grandview Yark; thence northerly along the easterly line of lot number 18 of Blor_k 8 of Grandview Park to the northeast corner of lot number 17 of BLock 8 of Grandview Park; thence westerly along the northerly line of lots num- bered 17 to 14 inclusive of Rlock 8 of Grandview Park to the northwest corner of said lot number 19; thence northerly across Bradley Street and '', northerly along the line between lots numbered 20 and 27 of Block 3 of Grandview Park to the northeast cor- ner of said lot number 21; thence westerly along the nortierly line of lot number 21 of Block 3 of Grand- view Park to the northwest corner of lot number 19 of Grandview Place all inclusive; then southerly along the westerly line of lot number 19 of Grandview Place to the southwest corner of said lot number 19; thence across Bradley Street to the north- west corner of lot number 43 oP Grandview Place; thence continuing in a southerly direction along the westerly line of lots numbered 93 and 62 of Grandview Place to the point of beginning at the southwest corner of said lot number 62. Sea 2. That there will be con-, strutted within said delimited dis- trict sanitary sewers, lift station and force main as follows; A reinforced concrete lift station in accordance with plans and specifica- tions prepared therefore, said lift sta- tion to be located a distance of 227 feet west of the west line oY Hender- son Street in the alley first south of Bradley Street. An eight (8) inch sanitary sewer in the alley' first south of Bradley Street beginning at said lift station and terminating at a point opposite the line between lots numbered 14 and 15 of Block 9 of Grandview Parlc; also a^ eight (8) inch sanitary sewer beginning at said lift station and prc- ceeding northerly across lot number 6 of Block 10 of Grandview Park along a line five feet westerly Pram and parallel to the easterly line of said lot to manhole number 4 at the cen- ter of Bradley Street; thence westerly along the centerline of Bradley Street to a point opposite the line between lots numbered 18 and 19 of Grandview Place; also an eight (8) inch sanitary sewer from manhole number 4 north- erly a distance of 16 feet; thence easterly in Bradley Street along a line 9 feet south of and parallel to the northerly line of Bradley Street to a point opposite the line between lots numbered 22 and 23 of Block 3 of Grandview Park. That a six (6) inch cast iron force main be laid in the following loca- tion: Beginning at said lift station and proceeding easterly along the alley First south of Bradley Stree? to a point in Henderson Street 16 feet west of the east line of said street; thence northerly in Henderson Street to the existing sanitary sewer in Grandview Avenue. That an eight (8) inch sanitary sew- er overflow line be constructed in the following location: Beginning at said lift station and proceeding in a southerly direction across portions of Iota numbered 22, 23, 29, and 25 of Block 10 of Grand- view Park, across vacated Perry Street and continuing across a por- tion of lots numbered 8, 9, and 14 of Block 11 of Grandview Park, across the vacated alley between Blocks ]1 and 17 of Grandview Park and con- tinuing across a portion of Block J7 of Grandview Park to its terminal point at a distance of 532 feet from said lift station. Sec. 3. That the cost of construc- tion and installation of said sewer system within said district sisal] be distributed upon the lots, ]ands and parcels of real estate benefited there- by and all property which is subjact to be furnished with connection to said sewer system or which may be drained and served thereby shall be subject to assessment therefor and shall be considered as adjacent prop- erty. Sec. 4. That any part of the cost oP construction of said sewer system which cannot be assessed against the lots, lands and parcels of real estate Special Session, November zgtll, 1948 495 within said district may be paid by the City of Dubuque out of the Con- solidated Fund. Sec. 5. This Ordinance shat, be in force and effect ten days from and 2fter its passage and adoption by the City Council of the City of Dubuque and publics±ion is provided by law. Passed upon First reading this 22nd day of November, 1948. Passed, adopted and approved upon final reading this 29th day of tiovem- ber, 1948. FRAVK VAV DL'ELDTA~, ti[ayor F. W. 'IHOb1PSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph-Herald newspaper this Ist day of December, 1948. J. J. SHEA, 12-1-1t City CLerk Councilman Thompson move d the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Peas -Mayor Van Duelman, Counci ]men Moffatt, Murphy, Thompson, Wharton. Nays -None. November 29, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Police Department con- tinues to receive complaints about the sale and distribution of objec- tionable "comic books". These com- plaints come from parents, teach• ere and others interested in youtlt. Submitted herewith is a Re- search Report on Municipal Con- trol of Objectionable Comic Books issued by the U. S. Conference of Mayors, under date of November 22, 1948. I recommend that the City Coun- cil take steps similar to those a- dopted in other communities in prohibiting, by ordinance, the sale and distribution of objectionable publications in the city. Respectfully submitted, JOSEPH H. STRUB Chief of Police. Councilman Wharton moved that the City Solicitor be instructed to confer with the Chief of Police for the purpose of preparing an ordi- nonce for Council consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays -None. November 29, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of November Pat, the communication of the City Manager with reference to the cen- ter parkways on Windsor Avenue, was referred to the Council to view the grounds. The Council viewed the Aremis- es on November 28th. It was de- cided that the traffic situation and bus stop at Windsor and Davis Avenues would be improved by eliminating approximately one-half of the most northerly parkway on Windsor Avenue lying between Eu- clid and Davis Avenues. I recommend that the decision of the Council be confirmed. kespectfully submitted, A. A. RHOMBERG City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelamn, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays -None. November 29, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Coun- cil held November 1 the comtnuni- cation of Lyda M. Specht submit- ting an offer of $100.00 for city owned property on the hillside from the Armory property to the Bockes property on the westerly side of Valley Street, was referred to the Council to view the grounds. The Council having viewed the premises decided not to sell the property. I recommend that the de- cision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays -None. 496 Special Session, November 29th, 1948 I ~ Special Session, November 29th, 1948 497 November 29, 1948. To tho Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the meeting of November 1 the petition of Mr. and Mrs. Clar• ence Fenchel and others request- ing an additional street light on Bennett Street midway between Algona and McCormick Streets was referred to the Council to view the grounds. The Council having viewed the site decided not to grant the re- quest but to improve the situation by having the overhead light at the intersection of Bennett and Algona Streets shifted to a more advantageous position. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays -None. November 29, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On November 28th the City Council made an inspection trip of several locations in connection with street lighting. It was decided that street lights be ordered in- stalled at the following locations: At the intersection of Lincoln Ave., and Emerson Street; at the inter• section of Theisen and Jenni Streets; at the intersection of Cherokee Drive and U. S, High• way No. 20 and at the turn-around on the southerly end of Cherokee Drive. The Council further con- cluded to have a survey made of the street lighting needs in the Hill• crest Annexation district. I recommend that the decisions of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 250 48. BE IT RESOLVED, by the city Council of the City of Dubuque that the following, having complied with the provisions of lad relating to the sale of cigarettes within the City of Dubuque, be granted a permit Go sell cigarettes and ciga- rette papers within said City and the Manager is directed to issue such permit on behalf of s a i d City, NAME AND ADDRESS Ray Jones and Catherine Jones, 2403 Central Avenue. BE IT FURTHER RESOLVED, that the bond filed with the ap- plication be approved. Passed, adopted and approved this 29th day of November, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second• ed by Councilman Thompson, Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 251-48 WHEREAS, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: NOW, THEREFORE, Be It Resolved b y t h e Council of the City of Dubuque that the following application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Ray Janes and Catherine Jones. 2403 Central Avenue. Passed, adopted and approved this 29th day of November, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 2528 WHEREAS, heretofore applica- tion for Class "B" Beer Permit was filed by the within named appli- cants and it has received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com• ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Ray Jones and Catherine Jones, of 2403 Central Avenue. BE 1T FURTHER RESOLVED that the bond filed by such ap• plicants be and the same is hereby approved. Passed, adopted and approved this 29th day of November, 1948, FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. APPLICATION FOR ANNEX• ATION. To The Honorable Mayor a n d Members of the City Council, of Dubuque, Iowa. Applicants herein are Sisters of St. Francis of Dubuque County, Iowa, an Iowa corporation not for profit, and St. John's Evangelical Lutheran Church of Dubuque, Iowa, a non-profit Iowa corporation, and Mt. Calvary Cemetery Association, an Iowa corporation not for. profit. Applicants are the owners of cer- tain real estate adjoining the City of Dubuque, Iowa, on the north, which real estate and the owners thereof are as follows: Sisters of St. Francis of Dubuque County, Iowa, own: (1) West 20 acres of Lot 2 of Southwest One-Quarter of South- east One-Quarter; (2) South One-Half of East 10 acres of West 30 acres of Lot 2 of Southwest One-Quarter of South- east One-Quarter; (3) Lot 2 of St. Francis Sub- division; (4) Lat 1 of 1 of St. Francis Subdivision; (5) Lot 3 of St. Francis Sub- division: (0) West 330 feet of East One• Half of North One-Quarter of Lot 2 of Southwest One-Quarter of South- east One-Quarter; (7) West One•Half of Northwest One -Quarter of Southwest One- Quarter; (8) West One-Half of East One• Half of Northwest One•Quarter of Southeast One-Quarter; (9) Lot 2 of 1 of Bethany Ad- ~ dition; (10) Lot 2 of 1 of St. Francis Subdivision; (11) Lot 1 of 1 of Bethany Ad- dition; (12) Lot 4 of St. Francis Sub- division; (13) Lot 2 of Lot 1 of Northeast One-Quarter of Southeast One- Quarter; 498 Special Session, November 2gth, 1948 (14) Lot 1 of Lot 3 of Lot 2 of Southeast One-Quarter of South- east One-Quarter; All in Section 12, Township 89 North, Range 2 East of 5th Prin- cipal Meridian, being in Dubuque Township, Dubuque County, Iowa. St. John's Evangelical Lutheran Church of Dubuque, Iowa, owns: (1) Lot 1 of Southwest One- Quarter of Southeast One-Quarter, Section 12, Township 89 North, Range 2 East of 6th Principal Me- ridian, being in Dubuque Township, Dubuque County, Iowa. Mt. Calvary Cemetery Associa• tion owns: (1) Lot 1, and Lat 4 of Lot 2 of Southeast One•Quarter of South- east One-Quarter, and Lot 2 of Lot 3 of Lot 2 of Southeast One- Quarter of Southeast One-Quarter, all in Section 12, Township 89 North, Range 2 East of 5th Prin• cipal Meridian, being in Dubuque Township, Dubuque County, Iowa. That attached to this applica- tion is a plat of the property own- ed by these applicants and describ- ed above, which plat has been pre- pared by Carl F. Bartels, Dubuque, Iowa. All of the aforesaid real estate adjoins the City of Dubuque and applicants own all of said real estate. The property of Sisters of St. Francis of Dubuque County, Iowa, is used to maintain a Home for the Aged, a girl's high school, con vent and mother house for the Sisters, a public hospital about to be completed and to be known as Xavier Hospital, and other build- ings incidental to the operation of the above institutions. The property of St. John's Evan• gelical Lutheran Church of Du- buque, Iowa, is used exclusively to accomodate a burial ground and cemetery. The property of Mt. Calvary Cemetery Association is used ex- clusively to accomodate a burial ground and cemetery. It is the opinion of the appli- cants that it is to the best in- terests of the City of Dubuque, Iowa, to annex the above described real estate to the City of Dubuque, Iowa. Applicants respectfully petition the City Council of the City of Dubuque, Iowa, to adopt appro- priate resolution so as to annex the aforesaid described real estate to the City of Dubuque so that said property shall thereafter be and become for all purposes a part of the City of Dubuque, Iowa. SISTERS OF ST. FRANCIS OF DUBUQUE COUNTY, IOWA. By Mother M. Irrnina Manter- nach, Pres. St. John's Evangelical Lutheran Church of Dubuque, Iowa. By F. W. Hanselmann. R. Loishner. George F. Bock. Mt. Calvary Cemetery Association By Louis C. Kolfenbach: Secretary. Councilman Thompson moved that the Application for Annexa• tion he received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Peas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION EXTENDING...... CITY LIMITS NUMBER 253.48. WHEREAS, all the owners of certain property adjoining the City of Dubuque, Iowa to the north have made application in writing to the City Council of the City of Dubuque, Iowa, to which applica• tien was attached a plat of said territory showing the situation thereof with reference to the exist- ing limits of the City of Dubuque, In which application said owners petition the City Council to annex said territory to the City of Du- buque, Iowa, and WHEREAS, it appears from said application that said territory and property is devoted largely to the maintenance and operation of a public hospital, schools and ceme• teries, and WHEREAS, the future growth, development and education a n d preservation of the public health of the City of Dubuque makes it desirable that said territory b e made a part of the City oP Du• buque, Iowa, and WHEREAS, it is necessary to provide for the orderly and system- atic growth, development, a n d expansion as now constituted, and WHEREAS, it is in the best interest of the City of Dubuque Special Session, November zgth, 1g48 499 that said territory be annexed to the City of Duwbuque, Iowa. NOW, THEREFORE, BE IT RE• SOLVED, by the City Council of the City of Dubuque, Iowa, thaC the territorial limits of the City of Dubuque, Iowa be and they are hereby extended northerly in the vicinity of Davis Avenue by an- nexing to the City of Dubuque, Iowa the following described real estate, to-wit: West 20 acres of Lot 2 of South- west One-Quarter of Southeast One- Quarter; South One-Half of East 10 acres of West 30 acres of Lot 2 of South• west One-Quarter of Southeast One- Quarter; Lot 2 of St. Francis Subdivision. Lot 1 of 1 of St. Francis Sub• division; Lot 3 of St. Francis Subdivision; West 330 feet of East One-Half of North One-Half of Lot 2 of Southwest One-Quarter of South- east One•Quarter; West one-Half of Northwest One- Quarter of Southeast One-Quarter; West One-Half of East One•Half of Northwest One-Quarter of South• east One-Quarter; Lot 2 of 1 of Bethany Addition; Lot 2 of 1 of St. Francis Sub• division; Lot 1 of 1 of Bethany Addition; Lot 4 of St. Francis Subdivision; Lot 2 of Lot 1 of Northeast One-Quarter of Southeast One- Quarter; Lot 1 of Lat 3 of Lot 2 of Southeast One-Quarter of South• east One•Quarter; Lot 1 of Southwest One-Quarter of Southeast One-Quarter; Lot 1, and Lot 4 of Lot 2 of Southeast One-Quarter of South- east One•Quarter, and Lot 2 of Lot 3 of Lot 2 of Southeast One-Quar- ter of Southeast One-Quarter; All in Section 12, Township 89 North, Range 2 East of 5th Prin- cipal Meridian, being in Dubuque Township, Dubuque County, Iowa. FURTHER RESOLVED, that the City Council in and for the City of Dubuque, Iowa hereby assents to the application of said property owners as filed and such territory as hereinabove described shall hereafter be and become a part of the City of Dubuque, Iowa. FURTHER RESOLVED, that the foregoing described real estate is shown by plat attached hereto and by this reference made a part hereof. FURTHER RESOLVED, that the Clerk of the City of Dubuque, Iowa, shall cause to be recorded a copy of this Resolution, together with said plat attached hereto. Passed, Adopted and Approved this 29th day of November, 1948. FRANK VAN DUELMAN Mayor, F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution, Second- ed by Councilman Thompson. Car- ried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. November 29, 1948. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: With reference to the action en- titled Clarence Bowen and Bessie Bowen, Plaintiffs vs. The City of Dubuque, now pending in the Dis- trict Court of Dubuque County, Ia., in which Plaintiffs claim $0,000.00 for damages swstained on or about September 4, 1947, Plaintiffs claim that the sewer main overflowed in- to their home discharging human waste, grease and other sewage including a large quantity of water onto Plaintiffs premises including the first floor and basement there- of, damaging Plaintiffs' premises and their household furniture and fixtures located therein. Plaintiffs further plead that this sewer had overflowed before that time and that notice thereof had been given to the City and that the condition had not been remedied. I am of the opinion that if this action were tried, it would be submitted to the jury and it would be for them to determine whether or not negli- gence existed and the amount of damages. I have had a number of con- ferences with Plaintiffs' Attorneys and they have agreed to accept $1,500.00 in full settlement of their law suit in regard to this matter. ~i~irLi 50o Special Session, November 29th, 1948 I recommend that said action be settled by paying Plaintiffs $1,500.- 00 and that a warrant be issued therefore payable to Gilloon, Nel- son and Gilloon; Attorneys for the Plaintiffs and that said warrant be delivered upon delivery to the City of a release properly executed by Plaintiffs and upon dismissal of the action now pending in t h e District Caurt of Dubuque County, Iowa. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City So• licitor Kintzinger be approved and the City Auditor instructed to draw awaranj,intheamountof $1,500.00 in favor of Gilloon, Nelson and Gilloon, Attorneys for Plaintiffs and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release and upon dismissal of the action now pending in the District Court of Dubuque County, Iowa. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton.. Nays -None. November 29, 1948. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Kenneth Lehnhardt for dam- ages caused by reason of coming in contact with poison ivy, claiming that the City was negligent in fail- ing to remove said poison ivy, I find no law that will warrant the payment of any damages as claimed. I therefore recommend that her claim be denied. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson. Nays - Councilman Wharton. ORDINANCE N0. 24 ~ 48. An Ordinance providing far the vacation of part of Helena Place and providing that a Quit Claim Deed be issued to the abutting property ow~nerti presented sand read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. J. J. SHEA. City Clerk. Approved .................................. 1949 Adopted .................................... 1949 Councilmen: ~ .................................. Attest :.................................................... City Clerk.