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1950 October Council ProceedingsRegular session, October 2nd, 1950 521 ~' p3 1 `t k a ® J L ;' ~ ~ W an dd (O~~ICIAL.) Regular Session, October 2nd, 1950. Council met at 7:30 p.m. Present -Mayor Welu, Coun• cilmen Austin, Kolb, Russo Schuel• ler. City Manager Rhomberg. Mayor Welu stated that this is the xegular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proofs of publication certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to issue bonds for the improvement of De- corah Street from the west prop- erty line of Audubon Street to the east property line of Auburn Street, presented and read. Coun• Gilman Kolb moved that the proofs of publication be received a n d filed. Seconded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men ~ Austin, K o 1 b, Russo, Sch• ueller. Nays -None. City of Dubuque, Iowa SC04E®UL~ 0~ ASS~SS~iENTS RESOLUTIOf4 N0. 303.50 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improvement of De- corah Street from the west prop- erty line of Audubon Street to the east property line of Auburn Street, Kenneth W. Caber Con- struction Company, Galena, Illinois, contractor, in front of and adjoin- ing the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot ar parcel of real estate, as fol- lows: Owner Assessment Walter M. & Estelle C. Tschirgi, Lot 88, Wood- lawn Parlc Add ................. 16.75 Geo. F. & Frances Sloan, Lot 89, Woodlawn Park Add . .................................... 50.89 Warren W. & Dorothy Kipp, Lot 90, Woodlawn Park Add . .................................... 134.17 Wm. A & Ella Hittenmiller, Lot 91, Woodlawn Park Add . .................................... 149.45 Eugene E. & Manilla Ni11es, Lot 92, Woodlawn Park Add . .................................... 50.89 Walter L. & Gertrude Fens, Lot 93, Woodlawn Park Add ....................................... 16.75 Mary R. Sahm, Lot 108, Woodlawn Park Add......... 16.75 Emmett R. & Maxine Ken- nedy, Lot 109, Woodlawn Park Add ............................. 50.89 OttIllia N. Grippes, Lot 110, Woodlav~m Park Add....... 15522 George W. & Bertha Lee, Lot 111, Woodlawn Park Add ....................................... 157.13 Geo. C. & Gen Kruse, Lot 112, Woodlawn Park Add. 50.89 Geo. M. & Florence Refle, Lot 113, Woodlawn Park Add . .................................... 16.75 Windell & Anna Bodish, Lot 140, Woodlawn Park Add. 16.75 Francis W. & Charlotte Meis, Lot 141, Woodlawn Park Add . .................................... 50.89 Geo. S. & Rita Weitzel, Lot 142, Woodlawn Park Add. 134.18 Peter & Veronica Konzen, Lot 143, Woodlawn Park Add ....................................... 15622 Peter and Veronica Konzen, Lot 144, Woodlawn Park Add . :................................... 50.89 Ina H. & Eliz. Dunlevy, Lot 145, Woodla~vn Park Add. 16.75 University of Dubuque, Lot 160, Woodlawn Parle Add... 16.75 Alois & Elda Vogt, Lot 161, Woodlawn Park Add..,.... 50.89 Merrill M. & Mildred Preg- ler, Lot 162, Woodlawn Park Add ............................. 163,81 Stanford & Eunice Duffy, Lot 163, Woodlawn Park Add . .................................... 156.23 Geo. V. & Marie McEndollar, Lot 164, Woodlawn Park Add . ...................................: 50.90 M. Harvey & Marion Kreps. Lot 165, Woodlawn Park Add . .................................... 16.76 $1,747.55 884 Lin. Ft. Concrete Curb and Gutter @ $1.75 ...:..$1,547.00 15.93 Sq. Yds. Driveway Concrete @ $8.00 .......... 127.44 $1,674,44 -~' 522 Regular Session, October 2nd, 1950 Extra Expense 3riz % ........,. 58.60 6% Interest for 52 days.,.. 14.51 Total ..................................$1,747.55 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and ap- proved this 2nd day of October, 1950. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds in the amount of $1,747.55 for the pur- pose of paying the cost of the im- provement of Decorah Street from the west property line of Audubon Street to the east property line of Auburn Street, presented and read, Councilman Kolb moved that the proofs of publication be received and filed. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. (Resolution Providing for the Issuance of Public Improvement Bonds) CITY OF DUBUQUE, 101N,4 RESOLUTION N0. 304.50. WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improving a f Decorah Street hereinafter describ- ed, has been completed and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $1,747.55 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 hereto, 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 improve- ment of Decorah Street from the West Property Line of Audubon Street to the East Property Line of Auburn Street there be issued Improvement bands to the amount of $1,747.55. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1950; shall bear the date of the 1st day of November, 1950, shall be in denominations of $100,00, except that there shall be one bond to the amount of $47.55. They shall be numbered from 4476 to 4493 inclusive and shall be divid- ed into ten series, of which the bond numbered 4476 shall con- stitute the first series and shall be payable the first day of April, A: D. 1951, the bond numbered 4477 shall constitute the second series and shall be payable the first day of April, A. D. 1952, the bands numbered 4478 and 4479 shall constitute the third series and shall be payable the first day of April, A. D. 1953, the bonds numbered 4480 and 4481 shall con- stitute the fourth series and shall be payable the first day of April, A. D. 1954, the bonds numbered 4482 and 4483 shall constitute the fifth series and shall be payable the first day of April, A. D. 1955, the bonds numbered 4484 and 44- 85 shall constitute the sixth series and shall be payable the first day of April, A. D. 1950, the bonds numbered 4486 and 4487 shall con- stitute the seventh series and shall be payable the first day of April, A. D. 1957, the bonds numbered 4488 and 4489 shall constitute the eighth series and shall be payable the first day of April, A. D, 1958, the bonds numbered 4490 and 4491 shall constitute the ninth series and. shall be payable the first day of April, A. D. 1959, he bonds numbered 4492 and 4493 shall con- stitute the tenth series and shall Regular Session, October 2nd, 1950 523 be payable the first day of April, A, D. 1960. Said bonds shall bear interest at the rate of five per cent. per an- num which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro• ceeds of the special assessment levied for said inprovenrent. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No ......................................... Series No ............................. CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear er hereof, on the first day of April dyed Dollars, with interest there• on at the rate of five per cent. per annum, payable on the presen-i tation and surrender of the inter- est coupons hereto attached, both interest and principal are payable at the office of the City Treasur- er in the City of f)ubuque 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, 1950, and in accordance with a resolution of the City Councll of said City, duly passed on the 2nd day of October, 1950. This bond is one of a series of 18 .bands, 17 for $100.00 num- bered from 4476 to 4492 inclu- sive and one for $47.55 numbered 4493, all of like tenor and date, and issued for the purpose of the improvement of Decorah Street from the West Property Line of Audubon Street to the East Prop- erty Line of Auburn Street and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutt- ing or adjacent property, and pay- ble in ten annual installments, with interest on all deferred pay- ments at the rate of five per cent. per annum, and this bond is pay- able only out of the money de- rived from the collection of said special tax, and said money can be used far no other purpose. And it is hereby certified and recited that all the acts and conditions and things rquired to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax the faith and 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 .its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 1st day Novem- ber, 1950, 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. 19-, the City of Dubuque, Iowa, promises to pay to the bear- er, as provided in the bond, the sum of ................ Dollars, at the office of the City Treasur• er in the City of Dubuque, being ..... , months interest due that day on its , ........ Bond No.. , . . dated ........., 19-. ..,. Mayor. ............ City Clerk. Countersigned BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby instruct- ed to cause said bonds to be pre- pared and when so prepared to execute said bonds, and that the City Clerk he and he is hereby in- structed 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 ._ "l <, ;, ~: i ,; 1:. ks i u` , ;T s ~; a '> , ''::; `; ` ,d E ~, 524 Regular Session, October 2nd, 1950 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 ftmds allow, beginn- ing twith the second year after the payment of interest due, these bands shall be called and retit~ed in the same order as numbered. Adopted this 2nd day of Octo- ber, 1950. Approved: CLARENCE P. WELD Mayor. ROMOLO N. RUSSO RAY I{OLB RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen. Attes: J. J. SHEA, City Clerk, Councilman K o 1 b moved the adoption of the resolution, Second- ad dy Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men, Austin, Kolb, Russo, Schuel• ler. Nays -None. State of I6GVa l SS County of Dubuque J I, Richard H. Le May, do here- by certify that on September 11th, 1959, I posted copies of the attach- ed Notice of Levy of special As- sessment and Intention of the City Council to Issue Bonds along the line of improvement far tl"ie im- proving of Decorah Street from the west property line of Audubon Street to the east property line of Auburn Street, Signed: Richard H, Le May. Subscribed and sworn to by Ric- hard H. Le May this 11th day of September, 1950. John J, Shea. (Seal) Notary Public in and far Dubuque County, Iowa Councilman Russo moved that the statement be received and made a matter of re; ord. Seconded by Councilman Austin. Carried by the following vote: Yeas -, Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and in• tention of the City Council to issue bonds for the improvement of Fill- more Street from tiro west proper- ty line of Atidubon Street to the east property line of Auburn Street, presented and read. Couu- cilman Kolb moved that the proofs of publication be received and fil- ed, Seconded by PdIayor Welu. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. City of Dubuque, Iowa SCHEDULE OF ,4SSBSSMBh9TS R~SOLUTI0~8 N0. 305.50 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improvement of Fillmore Street from the west property lino of Audubon Street to the east property line of Auburn Street, Kenneth W. Caber Construction Company, Galena, Illinois, contrac- tor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Owner Assessment Walter L. ~ Cert. Fens, Lot 93, Woodlawn Park Add. 16.68 Bernice S. Riddle, Lot 94, Woodlawn Park Add......... 50.67 Realty Investment Corp., Lot 95, Woodlawn Park Add. 160.53 Ray ~ Zora Brammer, Lot 96, Woodlawn Park Add, .. 156.67 E. L, & Mary Anderson, Lot 97, Woodlawn Park Add. 50,67 Mettel Realty & Investment Co., Lot 98, Woodlawn Pat'k Add ............................. 16.68 Fred A. & Mary Gorfrey Lot 103, Woodlawn Park Add . .................................... 16.68 Regular Session, October 2nd, 1950 525 Alois & Mary~Barta, Lot 104, Woodlawn Park Add, ........ 50.67 Daniel & Julia Binder, Lot 105, Woodlawn Park Add, 156.67 Frank J. Slapicka, Lot 106 Woodlawn Park Add.....,. 161,45 Jos. H. & Clara Lemmer, Lot 107, Woodlawn Park Add . .................................... 50.67 Mary R, Sahm, Lot 108, Woodlawn Park Add........ 16.68 Ina H. & Eliz, Dunlevy, Lot 145, Poodlawn Park Add. 16.68 Joseph J, & Clara Behr, Lot 146, Woodlawn Park Add. 50.68 Richard & Regina Rinlc, Lot 147, Woodlawn Park Add, 133.60 Standard Oil Co,, Lot 148, Woodlawn Park Add.....,, 19837 ,Louis & Ruth Ann Huggins, Lot 149, Woodlawn Park Add . .................................... 50.68 Edw. A. & Mary Schneider, Lot 150, Woodlawn Park Add . .................................... 16.67 Foster E. & Mary M, Adams, Lot 155, Woodlawn Park Add . .................................... 16.67 Foster E, & Sybil Adams, Lot 156, Woodlawn Park Add ....................................... 50.68 Edw, F. & Patricia Moes, Lot 157, Woodlawn Park Add . .................................... 133.60 Donald A, & Vera Levan, Lot 158, Woodlawn Park Add . .................................... 174.03 Fred A, & Edith White, Lot 159, Woodlawn Park Add. 50,68 University of Dubuque, Lot 160, Woodlawn Park Add. 16.67 1,813.73 876 Lin. Ft. Concrete Curb & Gutter, @ $1.75 ........$1,533.00 24,57 Sq. Yds. Driveway Concrete @ $8.00 .,........ 196.56 1,729.56 Extra Expense @ 4% ...... 69,18 6% Interest for 52 days ...: 14.99 $1,813.73 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and ap- proved this 2nd day of October, 1950. CLARENCE P, WELD, Mayor ROMOLO N. RUSSQ RAY KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Cleric Mayor Wept moved the adoption of the resolution, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. Proofs of publication, certified to by the publishers, of notice of the intention of the City Coun- cil to issue public improvement bonds in the amount of $1,813.73 for the purpose of paying the cost of the improvement of Fillmore Street from the west property line of Audubon Street to the east pro• petty line of Auburn Street, pre- sented and read. Councilman Russo moved that the proofs of publica- tion be received and filed. Second- ed by Councilman Austin, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schueller. Nays -None, (Res®IUtICn PY9Vi~i4'7g f~?Y $he Is• suance. of. Public. Improvement Bonds,) CIrY OP DUBU~UB, 10>PdA RRSOLUTIOfl N0. 306.50 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improving of Fill- more 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 $1,813.73 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 beenreld pursuant thereto, and all objections filed thereto have been considered and determined: -- ~u. L : ..: ~ ~o--- _ _ __ Y le 526 .Regular Session, October 2nd, 1950 NOW, THEREFORE, BE IT RE• SOLVED by the City Council of the City of Dubuque that to pro• vide for the cast of the improve- ment of Fillmore Street from the West Property line of Audubon Street to the East Property Line of Auburn Street there be issued Im provement bonds to the amount of $1,813.73 Said bonds shall be issued un- der the provisions of Chapter 396 of the Code of Iowa, 1950; shall boar the date of the 1st day of November, 1950, shall be in deno• minations of $100:00, except that there shall be one bond to the amount of $13.73. They shall be numbered from 4494 to 4512 in- clusive and shall be divided into ten series, of which the bond num- bered 4494 shall contitute the first series and shall be payable the first day of April, A. D. 1951, the bands numbered 4495 and 44- 96 shall constitute the second ser- ies and shall be payable the first day of April, A. D. 1952, the bonds numbered 4497 and 4498 shall con• stitute the third series and shall be payable the first day of April, A. D. 1953, the bonds numbered 4499 and 4500 shall constitute the fourth series and. shall be payable the first day of April, A. D. 1954, the bonds numbered 4501 and 4502 shall constitute the fifth series and shall be payable the first day of April, A. D. 1955, the bonds num- bered 4503 and 4504 shall consti• Lute the sixth series and shall be payable the first day of April, A. D. 1956, the bonds numbered 4505 and 4506 shall constitute the se- venth series and shall be payable the first day of April, A. D. 1957, the bonds numbered 4507 and 4508 shall constitute the eighth series and shall by payable the first day of April, A. D. 1958, the bonds numbered 4509 and 4510 shall con- stitute the ninth series and shall be payable the first day of April, A. D. 1959, the bonds numbered 4511 and 4512 shall constitute the tenth series and shall be payable the first day of April, A. D. 1960. Said bonds shall bear interest at the rate of five per cent. per an• num which interest shall be pay- able semiannually, 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 le• vied for said improvement. Both principal and interest shall he payable at the office of the City Treasurer in the City of Du• buque. Said bonds shall be substan• tially in the fallowing form: No ..................................... Series No ......................... CITY OF ®U6000~ Improvement Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer hereof, on the first day of April, A. D. 19-; or any time before that date at the option of the City, the sum of ..........HUNDRED DOLLARS, with interest theron at the rate of five per cent. per an• num, payable on the presentation and surrender of the interest cou• pons hereto attached, bath inter- est 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, 1950 and in accord- ance with a resolution of the City Council of said City, duly passed on the 2nd day of October, 1950 This band is one of a series of 19 bonds, 18 for $100.00. Numbered from 4494 to 4511 inclusive, and one for $13.73 numbered 4512, all of like tenor and date, and issued for the purpose of the improve ment of Fillmore Street from the West Property Line of Audubon Street to the East Property Line of Auburn Street and described in said resolution; which cost is as• sessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten an• nual 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 col- lection of said special tax, and said money can be used for rio other purpose. And it is hereby certified and recited that all the acts and conditions and things re• quired to be done precedent to and Regular Session, October 2nd, 1950 527 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 assess- ments, 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 its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 1st day November, 1950, and has authoriz• ed the use of their fac-simile signa• hire to the interest coupons here- to attached. MAYOR CITY CLERK. Countersigned (Seal) (FORM OF COUPON} On the......day of........A. D. 1950, 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....4.....Bond No ...................Dated ..............19..:..... MAYOR. CITY CLERK, Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him far that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, be- ginning with the second year af- ter the payment of interest due, these bonds shall be called and re- tired in the same order as num- bend. Adopted this 2nd day of Octo• ber, 1950. Approved: CLARENCE P. WELU Mayor ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N.SCHUELLER Councilmen. Attest: J. J. SHEA, City Clerk Councilman Russo moved the a- I doption of the resolution. Second- ed by Councilman Kolb. Carried by the fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schueller. Nays -None. State of Iowa 2 S5 County of Dubuque J I, Richard H. Le May, do hereby certify that on September 11th, 1950, I posted copies of the attach- ed Notice of Levy of Special As- sessment and Intention of the City Council to Issue Bonds along the line of improvement for the im• proving of Fillmore Street from the west property line of Auburn Street to the east property line of Aubw'n Street. Signed: Richard H. Le May Subscribed and sworn to by Ri• chard H. Le May this 11th day of September, 1950. John J. Shea. Notary Public in and for Dubuque County, Iowa. (SEAL) Councilman Russo moved that the statement be received and made a matter of record. Se• conded by Councilman Austin. Car• ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schueh ler. Nays - None, '' ,,~ ~' ~~ ,~. X28 Regular Session, October Znd, 1950 Councilman Russo moved that the rules be suspended for the purpose of allowing any one pre- sent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Schuel- ler. Nays -None. Mr, T. H. Kearton, Signal En- gineer, of the. Chicago Great West- ern Railway Company addressed the Council with reference to mo- dernizing the present railroad crossing protection at 7th, 8th and 11th Streets. Councilman Aus• tin moved that the matter of mo- dernizing the present railroad cros- sing protection at 7th, Bth and 11th Street be referred to the Council to view the grounds. Seconded by Mayor Welu. Carried by the fol- ]owing vote: Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Schuel- ler, Nays -None. Councilman Russo moved that a plat and schedule be prepared for the improvement of Groveland Place from Sheridan Street to Burden Avenue with curbing and guttering. Seconded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- rnen Austin, Kolb, Russo, Schuel- ler. Nays -None. Amendment to Petition of In- tervention by the Champaign Chamber of Commerce, The Ur- bana Association of Commerce, The Bloomington Association o f Commerce, the City cf Champaign, the City of Urbana and the City of Bloomington in the matter of Parks hrvestigation Case, present- ed and read. Councilman Atastin moved that the amendment to Petition of flrtervention '~e receiv- ed and filed. Seconded by Coun• oilman Kolb. Carried by the fol- lowing vtite: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Amendment to Petition for Re- consideration by the Champaign Chamber of Commerce, the Urbana Association of Commerce, The Bloomington Association of Com- merce, the City of Champaign, the City of Urbana, the City of Bloom- ington in the matter of Parks In- vestigation Case, presented and read. Councilman Austin moved that the Amendment to Petition for Reconsideration be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Notice of Claim of Mary Jane Lynch in the amount of $36.00 for damages resulting from storm wa- ter overflowing into her basement from a city owned storm sewer, presented and read. Mayor Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Communication of Mr, and Mrs. Francis Gruber making request for payment far damage done their property on English Lane caused by the improvement of said street, presented and read. Councilman Russo moved that the communica- tion be referred to the City En- gineer and City Solicitor for inves• Ligation and report. Seconded by Councilman Austin. Carried by the following voter Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. Honorable Mayor and Members of the City Council Gentlemen: According to the wishes of the City Council, we are hereby sub- mitting tc the City Clerk under Resolution No. 12.49 the total cost of our sewer project completed in Clinton Street from the present sewer in alley between Queen Street and Windsor Avenue west- erly to the alley first west of Queen Street. The total cost of Regular Session, October 2nd, 1950 529 which was borne entirely by the undersigned. Edmund M. Plein and Dorothy L. Plein 716 1-2 Ries Street. Dubuque, Iowa, Aug. 30, 1950 Edmond Plein in account with George Saffron: Below listed is the price for in- stalling and furnishing the mater- ial for an eight inch sanitary sewer in Clinton Street two hundred and ninety-five feet in length price al- so includes one ten foot manhole complete with top and cover. Said sewer has been fully paid for by Edmond Plein. Amount $2675.78. George Saffron. Mayor Welu moved that the communication and statement be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Sept. 29, 1950 City of Dubuque Dubuque, Iowa This is to certify that the total cost of the sewer and water lines from Railroad Avenue south on the east side of Huff Street for a distance of approximately 200 feet was $2152.33. I have granted permission to Thermo Electric Manufacturing Company to connect to these se- wer and water lines and I have received from that Company the sum of $1076.17. in payment of half of the total cost above stated. It is my understanding with your Engineering and Water Depart- ments and it is agreed between Thermo Electric Manufacturing Company and me that if and when any additional connections are made to these sewer and water lines the party or parties so doing shall be required to pay his 'or their pro rata share of the ori- ginal cast of $2152.33 and that Thermo Electric Manufacturing Company and I shall be refunded the difference between the amounts paid by them and their new prorata share. Very truly yours, Frank A. Fluckiger. Councilman Austin moved that the communication be received and made a matter of record. Se- conded by Councilman Kolb. Car- ried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Communication of the league of Women Voters' with reference to the codification and printing of the City Ordinances, presented and read. Councilman Russo moved that the communication be referr- ed to the City Solicitor for recom- mendation and report. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Schueller. Nays -None. Communication of the Dubuque Trades and Labor Congress thank- ing Council for their fine co-opera- tion and the spirit shown in help- ing to make Labor Day Parade a success, presented and read. Coun- cilman Russo moved that the com- munication be received and filed. Seconded by Councilman Austin. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Communication of the Business and Professional Women's Club ad- vising Council that it was recom- mended by their Committee of Health and Safety that the Club should go on record as suppm't- ing the proposed Rodent Control Ordinance, presented and read. Councilman Austin moved that the communication be referred to the Director of Health to communicate with the Dubuque Business and Professioal Women's Club advis- ing them of the program being carried out by the Health Depart- went with reference to rodent con- e' trol. Seconded by Councilman Kolb. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schueller. Nays -None. Y, '' ,,4 <~ ;,` 530 Regular Session, October 2nd, 1950 Communication of Marc Lammer submitting bid in the amount of $65.00 for Lot 51 located o n Wood Street near Rosedale, pre- sented and read. Councilman Aus• tin moved that the communica- tion be referred to the Council to view the grounds. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Communiction of Allan J. Klein submitting offer in the amount of $75.00 for the purchase of Lots 6 and 7 Quigley's Sub. 712 locat- ed at the corner of 17th a n d Pierce Streets, presented a n d read. Councilman Kolb moved that the communication be referred to the Council to view the grounds. Seconded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Communication of Mrs. M i 1 t Dolan, in behalf of her mother Mrs. N. Krier, who lives at 1909 Elizabeth Place, with reference to having something done with the driveway located in Elizabeth Place presented and read. Councilman Russo moved that the communica- tion be referred to the City Man- a~er. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays - Norie. Petition of Paul F. Hellmann and others, property owners living in the 1600 block on Asbury Street, requesting the rezoning of Scha- ler's Sub. from the present Local Business District to Business Di ;• trict to allow the erection and operation of a printing shop, same to be operated by Henry Reeder and to be adjacent to his home at 1641 Asbury Street, presented and read. Councilman Kalb moved that the petition be referred to the Planning and Zoning Commis- sion for their recommendation and report. Seconded by Councilman Austin. Carried by the following vote. Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of Clarence D. Hansel and others, who live between 2943 Balke Street and 600 Groveland Place, requesting that the alley in the rear of their homes be so graded that the lots and the alley will be on the same level, present• ed and read. Councilman Austin moved that the petition be receiv- ed and filed and that a profile and ordinance be prepared estab• lishing a grade as requested. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None. Petition of Kate A. Miller asking for suspension of the 1949 tax on Lot 10 Johnston Sub., presented and read. Councilman Russo moved that the petition be referred to the City Solicitor for investiga• tion and report. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of Carl W. Utzig and others, residents of Dexter Street, requesting that Dexter Street be- tween Audubon Street and Algona Street be oiled, presented and read Mayor Welu moved that the peti- tion be referred to the Street Com- missioner for action. Seconded by Councilman Schueller. Carried by the follow%ng vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of Roshek Brothers Com pony requesting permission to in- stall aneon sign beneath the mar- quee on the west side of the build• ing, presented and read. Council- man Austin moved that action on this petition be deferred and that the petitioners be requested to re- submit their petition, said peti- tion to be accompanied with a diagram showing the proposed neon sign to be erected. Seconded Regular Session, October 2nd, 1950 531 by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Schuel• ler. Nays -None. Sept. 11, 1950. Mayor C. P. Welu and Members of the City Council of the City of Dubuque, Iowa. Honorable Sirs: I, the ,undersigned, William P. Badger, a member of the Dubuque Fire Department, do hereby pet- ition Your Honorable Body for an indefinite leave of absence from the Fire Department, commencing September 13, 1950. I have been called up for duty in the United States Marine Corp. Respectfully William P. Badger. Councilman Kolb moved that the request be granted and made a matter of record. Seconded b y Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None. Sept. 2, 1950. Mayor C. P. Welu and Member, of the City Council of the City of Dubuque, Iowa Honorable Sirs: I, the undersigned, Donald F. Brus, a member of the Dubuque Fire Department, do hereby peti- tion Your Honorable Body for an indefinite leave of absence from the Fire Department commenc- ing September 4, 1950. I have been called up for duty in the United States Navy. Respectfully yours, Donald F. Brus. Councilman Kolb moved that the request be granted and made a matter of record. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin; Kolb, Russo, Schuel- ler, Nays -None. Sept. 11, 1950. Mayor C. P. GVelu and Members of the City Council of the City of Dubuque, Iowa Honorable Sirs: I, the undersigned, John P. Preg• ler, a member of the Dubuque Fire Department, do hereby peti- tion Your Honorable Body for au indefinite leave of absence from the Fire Department commencing September 12, 1950. I have been called up for duty in the United States Marine Corp. Respectfully yours, John P. Pregler. Councilman Kolb moved that the request be granted and made a matter of record. Seconded by Councilman Russo. Carried by the following vote: Yeas - 11layor Welu, Council• . men Austin, Kolb, Russo, Schuel- ler. Nays -None. Sept. 2, 1950. Mayor C. P. Welu and Members of the City Council of the City of Dubuque, Iowa Honorable Sirs: I, the undersigned, Elmer V. Melssen, a member of the Du- buque Fire Department, do hereby petition Your Honorable Body for an indefinite leave of absence from the Fire Department commencing September 4, 1950. I have been called up far duty in the United States Navy. Respectfully yours, Elmer V. Melssen. Councilman Kolb moved that the request be granted and made a matter of record. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of the Dubuque Police• men's Protective Association asking serious consideration by the. Coun- cil of an immediate increase in salary for members of the Dubuque Police Department, presented and read. Councilman Russo moved that the petition be referred to the Council for consideration at a meeting to be held October 5th 1950 at 4:00 p.m. and the petition- ers invited to be present at the meeting. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council men Austin, Kolb, Russo, Schuel- ler. Nays -None. `` '! 532 Regular Session, October 2nd, 1950 Petition of the Dubuque Fire- fighters Association Local No. 353 requesting that they be granted a salary increase now, when the need for it is urgent, presented and read, Councilman Russo moved that the petition be referred to the Council for consideration at a meeting to be held October 5th, 1950 at 4:00 p.m. and the peti- tioners invited to be present at the meeting. Seconded by Couneil- man Schueller. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays -None. Petition of City Employees Local 228 requesting a 20 percent in- crease in wages, presented and read. Councilman Russo moved that the petition be referred to the Council for consideration at a meeting to be held October 5th, 1950 at 4:00 p.m. and the peti- tioners invited to be present at the meeting, Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. ' Nays -None. Petition of Joe Harris request- ' ing a refund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 124, as he has discontinued business on September 30, 1950, presented and read, Councilman Russo moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Joe Harris to cover the amount of refund granted on the unexpired portion of his Ciga- rette Permit No, 124. Seconded by Councilman Kolb, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of Frank A, Blaser, Jr., requesting a refund in the amount of $75.00 on the unexpired portion of his Cigarette Permit Poo, 190, as he has discontinued, business on September 30, 1950, presented and read. Councilman Russo moved the request be granted and the City Auditor instructed to draw a war- rant in the amount of $75.00 in favor of Frank A. Blaser, Jr., to cover the amount of refund grant- ed on the unexpired portion of his Cigarette Permit No. 190. Second- ed by Councilman Schueller. Car- ried by the fallowing vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuel• ler, Nays -None. Petition of Raymond M, a n d Evelyn M. Galliart requesting a refund in the amount of $75.00 on the unexpired portion of their Cigarette Permit No, 228, as they have discontinued business on Sep- tember 29, 1950, presented and read, Councilman Russo moved that the request. be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Raymond M, and Evelyn M. Galliart to cover the amount of refund granted on the unexpired portion of their Cigarette Permit 228, Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of J. E. Whelan, as At- torney for Mr. Raymond Noonan, 1100 Riverview, requesting that the city take steps to open up the street or alley adjoining their real estate to Eagle Street, present- ed and read. Councilman Russo moved that the petition be referr- ed to the Council to view the grounds. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays - None, Petition of the Dubuque's Labor League for Political Education re- questing Council to officially set aside the week of October 23rd to 28th as "Official Registration Week", presented and read. Coun- cilman Russo moved that -the re- quest be granted and the Mayor authorized to issue a proclama- tion as requested, Seconded by Councilman Schueller. Carried by the following vote; Regular Session, October 2nd, 1950 533 Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays - None. Bonds of Lester M. Harney, F. Robert Woodward, W. M. Clemens, Jr., and Lawrence J. Conlon, as members of the Airport Commis- sion, presented for approval. Coun- cilman Austin moved that the bond be approved and placed on file, Seconded by Councilman Schuel• ler. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Proof of publication, certified to by the publishers, of a sta±ement of receipts and also a list of claims for which warrants were drawn during the month of August, 1950, presented and read. Mayor Welu moved that the proof of publica- tion be received and filed. Second• ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None, September 27, 1950 To Honorable Mayor and City Council Dubuque, Iowa Re: Petition A. R. Flick and others Gentlemen: This will serve to advise you that this petition referred to the Planning & Zoning Commission by your Honorable Body September 16, 1950 was voluntarily withdrawn by petitioners previous to the Com- mission meeting of September 26, 1950 called for consideration of this and other matters, Yours very truly, The Dubuque Planning & Zon- ing Commission By R. V. McKay, Secretary Councilman Kolb moved that the report of the Planning and Zoning Commission be received and filed. Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. October 2, 1950. Honourable Mayor and Members of the City Council Gentlemen: At a meeting of the City Council held the 5th day of September, 1950, the petition of Mrs. Lllian Kassmeyer was referred to me for investigation and report. Accordingly, I consulted with Mr. Gallagher, the City Engineer, who procurred for me various recorded plats of the Kassmeyer property showing lot lines and measurements. After careful inves- tigation, Mr. Gallagher reduced his findings to writing and the report thereof has been filed in conjuno- tion with this opinion. From our investigation we have concluded that English Lane as it now ap- peaL~s abutts the original lot line of the Kassmeyer property and at no time has the City encroach- ed upon the private property of Mrs. Kassmeyer and I therefore concur with the report of the City Engineer, and respectfully reco- mmend the denial of the petition of Mrs. Kassmeyer. Respectfully submitted, By Robert M. Czizek Assistant City Solicitor.. Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be approved and made a matter of record, Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nay=s -None. September 29, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The following report and analy- sis of the recorded data with re- ference to the relative location of lot 2 of Mineral Lot 33, property awned by Lillian M. Kassmeyer, and English Lane which abuts said I property is submitted for your in- formation. Photostatic copies of plats recorded at the County Court House numbered for refer- ence from 1 to 5 are attached. 1. Plat No. 1 represents the ori- ginal record of lot 2 of M.L. 33, showing the bearings and distances I of all sides of subject lot, 'the line -~~ ~;~k ~~~`? ~' s` ,. ~. :'~ ~ . ;~ < 534 Regular Session, October 2nd, 1950 marked C•F represents the easter- ly boundary of the property. Line C-F-A is straight between the points C and A as indicated by the recorded bearings. 2. Point A is marked on plat No. 2 and is the same point A as shown on Plat No. 1. Point A on plat No. 2 is located on the west- erly line of English Lane, which is dedicated through Rose Hill Addition as 40 feet in width. The Westerly line of .English Lane, therefore, is represented by line A-F-C on plat No. 1 and coincides with the easterly line of lot 2 of M. L. 33. 3, Line A-B on plat No, 1 is the north line of Rose Hill Addition and is recorded as bearing S 68 degrees W a distance of 4.30 chains, which is a distance of 283.8 feet. This line intersects the boun- dary of lot 2 of M.L. 33 at point B. Plat No. 3 indicates that the full distance of 283.8 feet was al- lowed for the line A-B in a sur- vey made and recorded as recent as 1947. The line A-B, therefore, lies entirely west of the west line of English Lane, 4. The line marked C-D•E on plat No, 1 represents the norther- ly boundary of lot 2 of M.L. 33, Point C as stated above lies on the westerly line of English Lane and, therefore, all of line GD-E is loca- ted to the west of the west line of English Lane. Plat No. 5 pre• pared and recorded in 1940 in- cludes theline C-D-E as the south- erly boundary of English Lane Subdivision. The length of line C-D-E as re- corder on plat No, 1 is 2, 124+2.73 chains or 320.3 feet and the length allowed in the survey recorded by plat No. 5 is 150 + 173.32 + 7.5 equals 330,8 feet or 10.5 feet great- er than that shown on plat No. 1, 5, It appears, therefore, from the study of the accompanying plats that no part of the original 25 foot width of English Lane abutt- ing lot 2 of M,L, 33 was acquired from said lot, If the 25 foot width of English Lane had been acquired from said lot the length of line A-B on plat No. 3 would necessari- ly have to be 25 feet shorter or 258:8 feet in length and the length of line C-D-E on plat No. 5 would be 25 feet shorter or 320.3 feet - 25 feet or 295.3 feet in length where actually it is recorded on plat No, 5 as 330,8 feet in length. Respectfully submitted, R, J, Gallagher, City Engineer. Councilman Russo moved that the report of Gity Engineer Galla- gher be received and made a mat- ter of record. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Scheel- ler. Nays -None, September 19,1950 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I herewith submit reports of the City Health Department and City Water Works for the month of August 1950. Respectfully submitted, A. A, Rhomberg, City Manager. Councilman Russo moved that the reports be received and placed on file. Seconded by Councilman Kolb, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. October 2, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policy and desire to have your approval on same for filing: EXCAVATION Curtis-Straub Company Policy No. PC11713 1072 Locust Street Central Sure• ty & Ins. Corp, Respectfully submitted, A, A. Rhomberg, City Manager. Councilman I{olb moved that the policy be approved and placed on file, Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays -None, Regular Session, October 2nd, 1950 535 October 2, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions I have negotiated for the purchase of porperty on Iowa Street be- tween 9th and 10th streets for parking lot purposes. Agreement has not been arrived at with any of the owners, I recommend that the council institute proceedings for acquir- ing the properties by condeman- tion. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Russo moved the re- commendation of City Manager Rhomberg be approved and that proper proceedings be prepared for the acquiring of the property on the east side of Iowa Street between Ninth and Tenth Streets for parking lot purposes. Second- ed by Mayor Welu, Carried by the following vote: Yeas - Maym~ Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays - None. September 29, 1950, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; This is to advise that the im- provement of Davis Street with concrete pavement from the east property line of Sheridan Street to the west property line of Wind- sor Avenue under contract with K. W. Gaber, Galena, Illinois has been completed in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, A, A. Rhomberg, City Manager. Mayor Welu moved that the re- commendation of City Manager Rhomberg be approved. Second- ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Sehuel- ler, Nays -None. (A Resolution Accepting Im• provement.) CITY OF DUBUQUE, IOWA RESOLUTION N0, 307.50 WHEREAS, the contract for the improvement of Davis Street from the east property line of Sheridan Street to the west property line of Windsor Avenue has been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted, BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor an amount equal to the amount of his contract, less any retained percentage provided For therein. Passed, adopted and approved this 2nd day of October, 1950. Approved; CLARENCE P, WELU Mayor. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N,SCHUELLER Councilmen, Attest: J. J. SHEA City Clerk. Councilman Austin moved the adoption of the resolution, Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, ,Kolb, Russo ,Schuel- ler. Nays -None, September 29, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; This is to advise that the im• provement of Shiras Avenue from the south property line of Rhom- berg Avenue to the north prop- erty line of Garfield Avenue, Gar- field Avenue from the west prop- erty line of Shiras Avenue to the T`=" ~' "' ~~ ~;; ,, ~~ ~; 536 Regular Session, October 2nd, 1950 east property line of Stanton Street and Stanton Street from the north property line of Garfield Avenue to the south property line of Rhom- berg Avenue, with concrete c~-nb and gutter, under contract with K-M Construction Company has been completed in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Mayor Welu moved that the rec- ommendation of City Manager Rhomberg be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, 10lNA RESOLUTION N0. 308.50. WHEREAS, the contract for the improvement of the following streets: 1. Shiras Avenue from the south property line of Rhomberg Avenue to the north property line of Gar- field Avenue. 2. Garfield Avenue from t h e west property line of Shiras Ave- nue to the east property line of Stanton Street. 3. Stanton Street from north property line of Garfield Avenue to the south property line of Rhom- berg Avenue has been completed and the City Manager has exam- ined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and 'the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels or real estate subject to as- sessmentfor said improvement and file the same in the office of she City Clerk subject to public in• spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon t h e above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 2nd day. of October, 1950. Approved: CLARENCE P. WELD Mayor. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N.SCHUELLER Councilmen. Attest: J. J. SHEA City Clerk. Councilman Kolb moved t h e adoption of the resolution. Second- ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. RESOLUTION N0. 309.50. WHEREAS, Margaret .Sullivan, Lawrence Schuster and Eldon N. Ames have applied to the City of Dubuque requesting permission for the extension of a sanitary sewer ir. West Sixteenth Street from the existing manhole westerly approx- imately 175 feet under certain stipulated conditions, NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque: Section 1. That permission be and the same is hereby granted to Margaret Sullivan, Lawrence Schus• ter and Eldon Ames for the exten~ lion of a sanitary sewer in West Sixteenth Street from the existing manhold westerly approximately 175 feet. Section 2. That the construction of said sewer, which includes the type of pipe and location thereof, Regular Session, October 2nd, 1950 537 shall be done only under the super- vision of the City Engineer. Section 3. That the total cost of the construction of said sewer shall be paid by the applicants and no part thereof shall be borne by the City of Dubuque. Section 4. That after said sewer has been laid and completed; the street shall be put back in as good condition as it was before it was torn up far the purpose of receiv- ing said sewer at the cost of the applicants, and said applicants shall be held responsible for any and all damages which may arise out of the construction thereof, failure to properly guard the excavations and restore the street to the condition it was in before the construction began. Section 5. That after said sani- tary sewer has been constructed, all persons living along and adja- cent to said sewer shall have the right to connect therewith, but such right shall only be granted upon a proper application being made to the City Council and by paying to Margaret Sullivan, Law- rence Schuster and Eldon N. Ames, their successors or assigns, or de- positing in the office of the City Clerk for them, the applicant's proportionate part of the cost of constructing said sewer based on the lineal frontage of his property abutting on said street, but in no event shall the amount to be paid by the applicant exceed the amount that may be levied under law for the construction of said sewer. Within 60 days after the comple- tion of said sewer Margaret Sulli- van, Lawrence Schuster and Eldon N. Ames shall file with the City Clerk a statement under oath show ing an itemized account of the cost thereof. Section 6. This'sewer when com- pleted shall become part of the city sewer system and may be extended by direction of the City Council. Section 7. This Resolution shall be in force and effect from and after its passage and adoption by the City Council and written ac- ceptance thereof by the applicants. Passed, adopted and approved this 2nd day of October, 1950. CLARENCE P. WELV Mayor. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N.SCHUELLER Councilmen Attest: J. J. SHEA City Clerk ACCEPTANCE OF RESOLUTION Margaret Sullivan, Lawrence Sch uster and Eldon N. Ames, having read the foregoing Resolution and having full knowledge of the terms and conditions thereof, hereby ac- cept the same as adopted and agree to cmnply with all the terms and conditions and assume all lia- bilities imposed upon them, includ- ing those set forth in Section 4. Executed this 13th day of Octo- ber, 1950. Lawrence Schuster Margaret Sullivan Eldon N. Ames Councilman Austin moved she adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Sehuel- ler. Nays -None. RESOLUTION N0. 310.50 WHEREAS, Andrew Fondell has applied to the City of Dubuque requesting permission for the ex- tension of a sanitary sewer in Prescott Street from the manhole in Roosevelt Street southeasterly approximately 232 feet to serve Lot 606, 607 and 608 of Ham's Addition, under certain stipulated conditions. NOW, THEREFORE, Be it Resolved by the City Coun- cil of the City of Dubuque: Section 1. That permission be and the same is hereby granted to Andrew Fondell for the extension of a sanitary sewer from the man- hole of the existing sewer in Roo• sevelt Street southeasterly in Pres- cott Street approximately 232 feet to serve Lots 606, 607 and 608 of Ham's Addition. Section 2. That the construction of said sewer which includes the type of pipe and location thereof, 538 Regular Session, October 2nd, 1950 shall be done only under the su pervision of the City Engineer. Section 3. That the total cost of the construction of said sewer shall be paid by Andrew Fondell and no part thereof shall be borne by the City of Dubuque. Section 4, That after said sewer has been laid and completed, the street shall be put back in as good condition as it was before it was torn up for the purpose of receiv- ing said sewer, at the past of the applicant and said applicant shall be held responsible for any and all damages which may arise out of the construction thereof, failure to properly guard the excavations and restore the street to the condition it was in before the con- struction began. Section 5, That after said sani- tary sewer has been constructed, all persons living along and adja- cent to said sewer shall have t1±e right to connect therewith, but such right shall only be granted upon a proper application being made to the City Council and by paying to Andrew Fondell, his suc- cessors or assigns, or depositing in the office of the City Clerk for Andrew Fondell the applicant's proportionate part of the cost of constructing said sewer based on the lineal frontage of his property abutting on said street, but in uo event shall the amount to be paid by the applicant exceed the amount that may be levied under law for the construction of said sewer, Within 60 days after the comple- tio not said sewer Andrew Fondell shall file with the City Clerk a statement under oath showing an itemized account of the cost there- of. Section 6. This sewer when com- pleted shall become part of the city sewer system and may be ex- tended by direction of the City Council. Section 7. This Resolution shall be in force and effect from and after its passage and adoption by the City Council and written ac- ceptance thereof by the applicant, Passed, adopted and approved this 2nd day of October, 1950. CLARENCE P. WELD MAYOR, ROMOLO N, RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN, Attest: J. J. SHEA CITY CLERIi ACCEPTANCE OF RESOLUTION Andrew Fondell, having read the foregoing Resolution and having full knowledge of the terms and conditions thereof, hereby accepts the same as adopted and agrees to comply with all the terms and conditions and assumes all liabili- ties imposed upon him, including those set forth in Section 4, Executed this 29th day of No- vember 1950. Andrew Fondell Councilman Austin Moved the a- doption of the resolution. Second- ed by Councilman Schueller, Car• ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None, RESOLUTION N0. 311.50 WHEREAS Janus Urell, F, J, Urell, W, E, Brooks and Cyril H. Wissel have applied to the City of Dubuque requesting permission for the extension of a sanitary se- wer in Solon Street from the man- hole at the alley east of and paral- lel to Lois Street easterly approxi- mately 150 feet "under certain sti- pulated conditions, NOW, THEREFORE, Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That permission be, and the same is hereby granted to James Urell, F. J. Urell, W, E. Brooks and Cyril H. Wissel, the applicants and owners of all the abutting property, for the eaten- sion of the sanitary sewer in So• lon Street from the manhole at the alley east of and parallel to Lois Street a distance easterly of approximately 150 feet. Section 2, That the construction of said sewer, which includes the type of pipe and location thereof, shall be done only under the su- pervision of the City Engineer. Regular Session, October 2nd, 1950 539 Section 3. That the total cost of the construction of said sewer shall be paid by the applicants and no part thereof shall be borne by the City of Dubuque, Section 4. That after said sewer has been laid and completed, the street shall be put back in as goad condition as it was before it was torn up for the purpose of receiv- ing said sewer, at the cost of the applicants, and said applicants shall be held responsible for any and all damages which may arise out of the construction thereof, failure to properly guard the exca- vations and restore the street to the condition it was in before the construction began, Section 5. This resolution shall be in force and effect from and after its passage and adoption by the City Council and written ac- ceptance thereof by the applicants. Passed, adopted and approved this 2nd day of October, 1950. CLARENCE P. WELU MAYOR, ROMOLO N, RUSSO RAY KOLB RUBEN V. AUSTIN LEO N, SCHUELLER COUNCILMEN, Attest: J. J. SHEA CITY CLERK ACCEPTANCE OF RESOLUTION James Urell, F. J, Urell, W. E, Brooks and Cyril H. Wissel, having read the foregoing Resolution and having full knowledge of the terms and conditions thereof, hereby ac- cept the same as adopted and agree to comply with all the terms and conditions and assume all 1ia• bilities imposed upon them, in- cluding those set forth in Section 4. Executed this 13th day of No- vember, 1950. James J, Urell F, J, Urell W. E. Brooks Cyril H. Wissel Mayor Welu moved the adop- tion of the resolution; Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor. Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None, RESOLUTION N0. 312.50. BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relat- ing to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City, Tom Wilkins, 1961 Central Av- enue. Robert E. Hevey, 2117 Univer- sity Avenue, Union League Club, 336 Main Street. BE IT FURTHER RESOLVED that the bonds filed with the ap• plications be approved. Passed, adopted and approved this 2nd day of October, 1950. CLARENCE P, WELD Mayor, ROMOLO N. RUSSO RAY KOLB RUBEN V, AUSTIN LEO N, SCHUELLER Councilmen. Attest: J. J, SHEA City Clerk. Mayor Welu moved the adop- tion of the resolution, Seconded by Councilman Kolb, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None, RESOLUTION N0. 313.50. WHEREAS, applications f o r 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 b e granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CL,4SS "6" PERMIT Tom Wilkins 1961 Central Av- enue. Roshek Bros. Company, 700-798 -Locust Street. John E, Noel and Juue M. Noel, 2400 Central Avenue, John Grutz and Clara Grutz, 29- 91 Central Avenue. F" 540 Regular Session, October 2nd, 1950 Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street. John 1YT, Baumgartner and John J. Baumgartner, 1543 Central Av- enue. Phillip Mihalakis, 798 East 16th Street. Al. Ragan, 400 Iowa Street. John J. Hickey, 55 Locust Street. Eugene P. McCann, 802 Iowa Street. Ct,t~SS "~° PPpt~41T FCg P~99/d1T~ CLUB Disabled American Veterans Club, Inc., 951 1-2 Main Street. CLASS "C" P~1Y4b9la Joseph J. Siege, Jr., ~ Ferdin- and W. Kenniker, 2401 Windsor Avenue. W. C. Crahan, Cor Dodge and Bluff. Streets. Arthur H. Eichman, 2119 Rhom- berg Avenue. Merlin Apel, 1195 Dodge Street. The .Groat Atlantic & Pacific Tea Co., 13th and Iowa Streets. Joseph J. Roscamp, 1405 Dodge Street. Passed, adopted and approved this 2nd day of October, 1950. CLARENCE P. WELU Mayor. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen. Attest: J. J. SHEA City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. P~SOLUTI®F! PlQ. 314.59. WHEREAS, here±ofore applica- tion„ for Beer Permits were filed by the within Warned applicauts and they have received the ap- proval of this Council; and 4?tHEREAS, 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 tie is direct- ed to issue to the following nam- ed applicants a Beer Permit. CLASS „~„ g~~BV~IT Tom Willtins, 1961 Central Aw enue. Roshek Bros. Company, 700.798 Locust Street. Jahn E. Noel and June M. Noel, 2400 Central Avenue. John Grutz and Clara Grutz, 2991 Central Avenue. Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street. Sohn M. Baumgartner and Jahn J. Baumgartner, 1543 Central Av- enue. Phillip Mihalakis, 798 East 16th Street. Al. Rogan, 400 Iowa Street. John J. Hickey, 55 Locust Street. Eugene P. McCamt, 802 Iowa Street. CLASS "~" P~R~t1T i°®R PPiVAT~ CLUB Disabled American Veterans Club, Inc., 95f 1-2 Main Street. CLASS °C" P~RF,91T Joseph J. Siege, Jr,, & Ferdinand W. Kenniker, 2401 Windsor Av enue. W. C. Crahan, Car. Dodge & Bluff Streets. Arthur H. Eichman, 2119 Rhom- berg Avenue. Merlin Apel, 1195 Dodge Street. The Great Atlantic & Pacific Tea Co., 13th & Iowa Streets. Joseph J. Roscamp, 1405 Dodge Street. BE IT FURTHER RESOLVED that the bonds filed by such at>- piieants be and the same are here- by approved. Passed, adapted and approved this 2nd day of October, 1950. CLARENCE P. WELU Mayor. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA City Clerk. Mayor Welu moved the adoption of the resolution. Seconded b y Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Cotmcil- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Regular Session, October 2nd, 1950 541 Pc~~S4LUT90h! bi®. 395.50. Preliminary approval of plans, specifications, form of ccntract and all other dacumenis far the fur- nish irlg of alllabor, tools, ma- terials and equipment necessary to construct a New Garage on Lots 9 ~ 10 in Industrial Subdivision Tdo. 2, estimated cost X60,000.00, presented and road. Mayor Welu mewed the adoption of the resolu- tion. Seconded by Councilman Rus• so. Carried by the following vote: Yeas - lllayor Welu, Council- men Austin, 1{olb, Russo, Schuel- ler. Nays - Plene. R~SDLt3TE®?~ P~0. 3?6.59. RESOLUTfOPd providing for a notice of hearing on proposed plans, specifications and form of contract for constructing improve- ments and extensions to the muni- cipal water wos~ks in and for the City of Dubuque, Iowa, and pro- viding for taping bids in connec- tion therewith. WHEREAS it is necessary and desirable that the municipal avatar works of the City of Du- buque, Iowa, be improved and extended and proposed plans,speci fications and farm of ccntract for constructing said improvements and extensions are now on file in the office of the City Clerk; and WHEREAS it is necessary to fix a time and place of hearing on said proposed plans, specifications and form of contract, to provide far taking bids in connection there- with a.ild to give notice thereof; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY TIE CITY COUNCIL OF T H E CIT"r' Or DUBUQUQE, IOWA, as follows: ;aection 1. That the 6th day of November 1950, at 7:30 o'clock p.m. at the Council Chamber in the City Hall, in the City of Du- buque, Iowa, is hereby fixed as the time and place of hearing on the proposed plans, specifications and form of contract for construct- ing improvements and extensions to the municipal water works in and for the City of Dubuque, Iowa, and also as the time and place for taking bids in connection there- with. Section 2, That the Mayor and City Clerk are hereby authorized and directed to give notice of said hearing on said proposed plans, specifications and form of con- tract and of taking said bids for the ccnstructien of said improve- ments and extensions by publica- tion of such notice once each week far two consecutive weeks in the Telegraph-Herald, a newspaper published and for general circula• lion in said City of Dubuque, Iowa, and in like manner in the Regis- ter and Tribune, a newspaper pub• lisped in Dos Moines, Iowa, and of general circulation in the State of Iowa, the first o£ which publica- tions in each newspaper shall be at least thirty days prior to the limo of said hearing, all in con- formity with the provisions of Sec- lion 397.16 of the Code of Iowa, 1950. Said notice shall be in sub- stantially the following form: Notice of Public Hearing on Proposed Plans, Specifications and Proposed Form of Con- tract for the Construction of Improvements and Extensions to the Municipal Water Works of the City of Dubuque, Iowa, and of the Taking of Bids Thereon Notice is hereby given that the City Council of the City of Du- buque, Dubuque County, State of Iowa, will meet at the Council Chamber in the City Hall, Du- buque, Iowa on the 6th day of November, 1350, at 7:30 p.tn., at which time and place the Council proposes to adapt plans and speci- fications and form of contract and to receive bids for the construction of improvements and extensions to the municipal water works of said City and to enter into a con• tract or contracts for the con- struction thereof. The construction of the proposed improvements and extensions consists in general of the following: Furnishing, of all materials, labor, tools and equipment nec- essary to construct a N e w Garage on Lots 9 and 10 in Industrial Subdivision No. 2. All in accordance with the pro- posed -plans and specifications and - .~] `; ., 542 Regular Session, October 2nd, 1950 proposed form of contract now on file in the office of the City Clerk of Dubuque, Iowa, which plans and specifications and form of con- tract are hereby made a part here- of the same as if set out in full and are referred to for a more detailed description of the work to be done and the materials to be furnished and the terms and conditions thereof. Copies of the plans and specifi- cations, form of contract and pro- posal farms are now on file and available for inspection at the of- fice of the City Clerk in the City Hall, Dubuque, Iowa. Copies of documents may be obtained for bidding purposes by depositing $10.00 with the City Clerk far each set of documents. The full amount of the deposit for one set of docu-. meets will be refunded to each actual bidder who returns t h e plans in good condition to the City within ten (10) days after opening of proposals. One h a 1 f (1-2) of al] other deposits will be refunded for each set of complete documents, including plans return ed to the City. A11 proposals must be submitted on bid forms furnished by the City Clerk as a part of the specifi- cations. No bid may be withdrawn after the opening of proposals with- out the consent of the City of Dubuque, Iowa, for a period of thirty (30) days after the sched- uled time of closing bids. At said hearing, the City Coun- cil will consider the plans and specifications and the - proposed form of contract, the same now being on file in the office of the City Clerk, reference to which is made for a mare detailed and complete description of the pro- posed improvements, and will re- ceive and consider any objections of said plans and specifications and form of contract made by any interested party. The cost of constructing said improvements and extensions will be paid in cash out of the pro- ceeds of the sale of Water Revenue Bonds issued by the City. These bonds are not general obligations nor payable in any manner out of taxation, but are payable solely and only out of the future net revenues of the Municipal Water Works. Payment will he .made to the contractor or contractors as the work progresses upon monthly estimates as described in the speci- fications. The successful bidder will be re- quired to furnish a performance bond in an amount of 100 percent of the contract price. Construction shall. be started within 15 days after the award of contract, and shall be completed within 150 days thereafter, all subject to unavoidable delays. All proposals shall be accom- panied by a certified check or bank draft drawn on a solvent bank in the State of Iowa or a satisfactory bid bond, in an amount not less than five per cent (5 per- cent) of the amount of the bid, which security shall be forfeited if the bidder fails or refuses to enter into contract or to furnish bond after. his proposal has been accepted by the City Council. The City Council hereby reserv- es the right to reject any or all bids, to waive informalities and to enter into such contract- or con- tracts as it shall deem to be to the best interest of the City. Neither the contract or c o n- tracts for said improvements and extensions nor Water Revenue Bends proposed to b~e issued as aforesaid shall constitute general obligations of the City nor secur- ed by or payable in any manner by taxation, but shall be payable solely. from future net revenues of the municipal water works system and secured by a pledge of said net earnings. By virtue of statutory authority, preference will be given to labor, products and provisions grown and produced within the State of Iowa. Clarence P. Welu. Mayor. Attest: J. J. Shea City Clerk. Section 3. That all provisions set out in said form of notice are hereby recognized and prescribed by the Council and that all resolu- tions or orders or parts thereof to the extent same may be in con- Regular Session, October 2nd, 1950 543 flict herewith are hereby repeal- ed. Passed and approved October 2nd 1950. CLARENCE P. WELU Mayor. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo moved the adoption of the resolution. Second ed by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council• 'men Austin, Kalb, Russo, w'whuel- ler. Nays -None. Councilman Kolb moved that the City Solicitor be instructed to prepare an ordinance establishing and fixing rates to be charged fur the furnishing of bus transporta- tion to passengers on Busses oper- ated by the Interstate Power Com- pany as follows: Single cash fare ten cents; Three full-fare tokens twenty-five cents; Children under twelve years cash fare five cents and halffare tokens shall be at the rate of six for. twenty-five cents. Seconded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Councilman Kolb moved that the Council favors the present site of the ball park as the site to the construction of a stadium and t-hat the City Manager be instruc+.- ed to confer with the Park Board in order to obtain their concur rence in the selection of this site. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None. There being no further business Councilman Austin moved to ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. J. J. Shea City Clerk. Approved ....:........... 1951 Adopted ................. 1951 Councilmen: j ................................. I Attest :.................. _..........................._.. City Clerk. L: _rt ~~ _~:; •- t, 1' =~ s7 ~: ~~~, ~, >r~ i~ '~~. ;:` ~.4 Y `~-. s ., a ~. 544 Special Session, October Sth, 1950 {OFFICIAL.) Special Session, October 5th, 19- 50. Council met at 5:25 p.m. Present -Mayor Wehi, Coun- cilmen Austin, Kolb, Russo, Schuel- ler. City Manager Rhomberg, Meeting called by order of Coun- cilmen Russo and Kolb. Mayor Welu read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering an ordinance establish ing and fixing rates to be charg• ed for the furnishing of bus trans- portation to passengers on busses operated by the Interstate Power Company and acting on any other business as may properly come be• fore a regular meeting of the City Council. ORDINANCE N0. 42.50, An Ordinance establishing and fixing rates to be charged far the furnishing of bus transportation to passengers on busses operated by the Interstate Power Company in the City of Dubuque; and repeal- ing Ordinance No, 17.49, present- ed and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Mayor Welu, Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuel- ler. Nays -None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Mayer Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Councilman Kolb 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. Secmlded by Mayor Welu, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays - None, RESOLUTION N0, 317.50. WHEREAS, the City Manager has recommended to the City Coun- cil that the City of Dubuque exer- cise its authority to purchase, lease or otherwise acquire and to im- prove, maintain and operate park- ing lots or other off-street park- ing areas for the parking of vehi- cles; And, WHEREAS, before the City of Dubuque may exercise such powers it is necessary that the City Council shall hold a public hearing to determine whether or not public convenience and neces- sity will be served by the estab- lishment of such facilities; And, WHEREAS, the City Coun- cil deems it advisable to hold such public hearing; NOW THEREFORE BE 1T RE- SOLVED by the City Councii of the City of Dubuque: That there shall be a public hearing on the question of whetlr er or not public convenience and necessity will be served by the establishment of municipally own- ed or operated parking lots or other off-street parking areas for. the parking of vehicles; That the time and place for said hearing be and the same is hereby fixed for 7:30 o'clock p.m. on the 6th day of November, 1950 in the City Council Chambers, City Hall, Dubuque, Iowa; that tine C i t y Clerk be, and he is hereby direct- ed to cause to be published in the Telegraph-Herald in the City of Du buque, Notice of such hearing, the same to be so published so as to leave at least two weeks be- tween the day of such publication and the day fixed for said hear- ing, said notice shall contain, among other, the provision that any person affected by the estab- lishment of said parking lots or off-street parking facilities and aD. citizens shall have an opportunity to be heard, Special Session, October 5th, 1950 545 Passed, adopted and apprav ed this 5th day of October, 1950. CLARENCE P. WELU Mayor. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N, SCHU)LLER Councilmen, Attest: J. J, SHEA City Clerk. Mayor Welu moved the adoption of the resolution: Seconded by Councilman Russo, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Sehuel- ler. Nays -None. There being no further business Councilman Russo moved to ad- journ. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuel- ler. Nays -None. J. J. SHEA, City Clerk, Approved ..:............. 1951 Adopted ................. 1951 councilmen t ...................................... Attest : ......:.:............. City clerk. r ,~, t R '..:". ~ ',; 546 Special Session, October 19th, 1950 ~Ifl II~ ~ i%~iilj ~~~ ~I;~IJ~~ - '~ (OFFICIAL.) Special Session, October 19th, 1950. Council met at 7:30 p.m. Present -Mayor Welu, Coun• cilmen Kolb, Russo, Schueller. City Manager Rhomberg. Absent -Councilman Austin. Meeting called by order of Coun• cilmen Kolb and Schueller. Mayor Welu read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of levying special assessments to pay for various street improvements and acting on any other business as may properly come before a regular meeting of the City Coun- eil. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and in• tention of the City Council to issue bonds for the improvement of Adair Street from the north prop- erty line of Loras Boulevard to the south property line of Rosedalz Avenue, presented and read. Coun- cilman Russo moved that the proofs of publication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council• men Kolb, Russo, Schuller. Nays -None. Absent -Councilman Austin. <y,, ~, `~;i' ;' ~, ~; `:+a' ,,~~ ~ ~,: ~, City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS RESOLUTION N0. 318.50 Resolved by the City Council of the City of Dubuque, Iowa; That to pay for the improvement of Adair Street from the north prop- erty line of Loras Boulevard to the south property line of Rosedale Avenue, Kenneth W. Gaber Cotl• struction Co., Galena, Illinois, con- tractor, in front of and adjoining the same a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, sit uated and owned, and for the sev eral amounts set opposite eaeh 101 or parcel of real estate, as follows: Owner Assessment George T. Connelly, Lot 1, Woodlawn Park .Add....... 5626 Mary Connelly, Lot 2, Woodlawn Park Add..... 139.67 John B. Connelly, Lot 3, Woodlawn Park Add....... 122.39 Raumond B. & Dorothy Hos• kins, Lot 4, Woodlawn Park Add ............................. 123.78 Floyd H. & Marion M. Topp, Lot 5, E. 40 ft., Woodlawn Park Add ........................... 15.32 Fred & Alma Koehler, Lot 5, W. 80 ft., Woodlawn Park Add ............................. 87.57 Raymond Sc Lorraine Close, Lot 6, Woodlawn Park Add . .................................... 105.32 Jacob L. Blum, Lot 7, Wood• lawn Park Add ................. 128.65 Wm. F & Marie Lange, Lot 8, Woodlawn Park Add... 107.46 Wm. F. & Marie Lange, Lot 9, Woodlawn Park Add... 108.38 Wm. F. & Marie Lange, Lot 10, Woodlawn Park Add. 108.85 Wm. Frank Lange, Lot 11, Woodlawn Park Add...... .108.38 Wm. Frank Lange; Lot 12 Woodlawn Park Add....... 108.38 Wm. Frank Lange, Lot 13 Woodlawn Park Add....... 108.16 Wm. Frank Lange, Lot 14, Woodlawn Park Add....... 108.16 Andrew A. Lange, Lot 15 Woodlawn Park Add.....:. 106.70 Andrew A. Lange, Lot 16, Woodlawn Park Add....... 128.43 Vivian M. Kieffer, Lot 17, Woodlawn Park Add....... 105.87 Robert J. & Grace Carney, Lot 18, Woodlawn Park Add ....................................... 105.43 Morris M. & Sylvia G. Blum, Lot 19, Woodlawn Park Add . .................................... 105.01 Ray & Marie C. Grimm, Lot 20, Woodlawn Park Add . .................................... 104.58 Louis A. & Agnes White, Lot 21, Woodlawn Park Add . .................................... 126.34 Morris M. & Sylvia G. Blum, Lot 22, Woodlawn Park Add . ................................... . 103.71 Mm~ris M. & Sylvia G. Blum, Lot 23, Woodlawn Park Add . ................................... . 125.42 Morris M. & Sylvia G. Blum, Lot 24, Woodlawn Park Add ...................................... . 124.96 Special Session, October 19th, 1950. 547 Morris M. & Sylvia G. Blum, Lot 25, Woodlawn Park Add . ............................... 124.46 Morris M. & Sylvia G. Blum, Lot 26, Woodlawn Park Add ....................................... 101.78 Louis H. & Mae Kuehnle, Lot 27, Woodlawn Park Add ....................................... 98.00 Louis H. & Mae Kuehnle, Lot 28, Woodlawn Park Add ......:....................:........... 96.33 V. L. & Marie Winterowd, Lot 29, Woodlawn Park Add ....................................... 96.33 V. L: & Marie Winterowd, Lot 30, Woodlawn Park Park Add ............................. 96.33 Wm. N. Klauer, Lot 31, Woodlawn Park Add....... 96.33 Wm. N. Klauer, Lot 32, Woodlawn Park Add. ,.,... 96.33 Wm. N. Klauer, Lot 33 Woodlawn Park Add.....,. 96.33 Wm. N. Klauer, Lot 34, Woodlawn Park Add...,... 96.33 Sylvester M. & Vilma Hav erland, Lot 35, Woodlawn Park Add ............................. 96.33 Mathilda Haverland, Lot 36, Woodlawn Park Add.... 96.33 Mathilda Haverland, Lot 37, Woodlawn Park Add......... 96.33 Walter & Eva Lattner, Lot 38, Woodlawn Park Add. 96.33 Leon Biedermann, Lot 39 Woodlawn Pane Add....... 96.33 Leon Biederman, Lot 40, Woodlawn Park Add......... 96.33 Delbert & Viola Cox, Iot 41, Woodlawn Parlc Add......,,. 96.33 Aug. & Lucille Wernimont, Lot 42, Woodlawn Park Add . .................................... 96.33 Aug. & Lucille Wernimont, Lot 43, Woodlawn Park Add . .................................... 96.33 Aug. & Lucille Wernimont, Lot 44, Woodlawn Park Add . .................................... 96.33 Aug. & Lucille Wernimont, Lot 45, Woodlawn Park Add . .................................... 96.33 Rob't W. & Theresa Malden, Lot 46, Woodlawn Park Add . .................................... 96.33 Rob't W. & Theresa Molder, Lot 47, Woodlawn Park Add, .,..,~ .............................. 96.33 Wilfred J. Gibbons, Lot 48, Woodlawn Park Add....... 96.33 Michael & Clara Kopchan- sky, Lot 49, Woodlawn Park Add ........................... 139.67 Michael & Clara Kopchan- sky, Lot 50, Woodlawn Park Add ............................. 52.98 Daniel & Lillian Loeffel- holz, Lot 18, Rosedale Add . .................................... 52.92 Daniel & Lillian Loeffel- holz, Lot 19, Rosedale Add . .................................... 204.92 Milton & Marg't Schaller, Lot 20, Rosedale Add..... 147.58 Milton & Marg't Schaller, Lot 21, Rosedale Add....... 53.89 David & Lillian Loeffelholz, Lot 40, Rosedale Add....... 95.69 Mettel Realty & Inv.. Co., Lot 41, Rosedale Add. ,... 95.85 Morris M. & Sylvia G. Blum, Lot 42, Rosedale Add....... 95.96 Morris M. ~ Sylvia G. Blum, Lot 43, Rosedale Add....... 96.12 Morris M. ~Z Sylvia G. Blum, Lot 44, Rosedale Add..,.. 9823 Milton ~ Marg't Schaller, Lot 45, Rosedale Add....... 100.95 Carl Behnke, Lot 46, Rose- dale Add ........................... 101.08 Morris M. ~ Sylvia G. Blum, Lot 47, Rosedale Add..... 101.21 Morris M, & Sylvia G. Blum, Lot 48, Rosedale Add....... 101.35 Morris M. & Sylvia G. Blum, , Lot 49, Rosedale Add..,.... 118.36 $6,677.11 29.28 Sq. Yds. Concrete Driveways @ $8.00 per Sq. Yd ............................... 23424 3,176 Lin. Ft. Concrete. Comb. Curb & Guttet• a $1.75 per Lin. Ft....... 5558.00 Typo A 346 Lin. Ft. Concrete Radius Curb & Gutter « $1.75 per Lin. Ft ............. 605.5D $6397.74 Extra Expense 3'/z% .......... 223.92 6% Interest for 52 days ..,... 55.45 $6677.11 All of which is assessed in pro- portion to the special benefits con- ferred. ~` ~'~ I { ?k ,Y.,4 '~ 548 Special Session, October 19th, 1950 Passed, adopted and approved this 19th day of October, 1950. CLARENCE P. WELU, Mayor ROMOLO N. RU5S0, RAY KOLB, LEO N. SCHUELLER, Councilmen Attest: J, J. SHEA, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Kolb, Russo, Schueller. Nays-None. Absent Councilman Austin, Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds in the amount of $6,677.11 to provide for the cost of improving Adair Street from the north property line of Loras Boulevard to the south prop- erty line of Rosedale Avenue, pre- sented and read. Councilman Kolb moved that the proofs of publica- tion be received and filed. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. (Resolution Providing for the Issuance of Pulslic Improvement Bonds.) CITY OF DUBUQUE, IOVdA RESOLUTION N0. 319.50. WHEREAS, the contract hereto fore entered into by the City of Dubuque for the improving o f Adair Street hereinafter described, has been completed and said im- provement has been accepted b y the City Council of said City and the City Engineer has computed the cost and expense thereof to be $6,677,11, AND WHEREAS, public notice as provided by law, has been pub lished by the City Clerlc 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 prof vide far the cost of the improve- ment of Adair Street from the north property line of Loras Blvd. to the south property line of Rose- dale Avenue there be issued iin- provement bonds to the amount of $6,677.11. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1950; shall bear the date of the 18th day of No- vember, 1950, shall be in denomin• ations of $500,00, except that there shall be one bond to the amount of $177.11, They shall be number- ed from 4513 to 4526 inclusive and- shall be divided into ten ser- ies, of which the bond numbered 4513 shall constitute the first ser- ies and shall be payable the first day of April, A, D. 1951, the bond numbered 4514 shall constitute the second series and shall be pay- able the first day of April, A. D. 1952, the bond numbered 4515 shall constitute the third series and shall be payable the first day of April, A. D, 1953, the band numbered 4516 shall constitute the fourth series and shaIl be payable th first day of April, A, D. 1954, the bond numbered 4517 shall con- stitute the fifth series and shall be payable the first day of April, A. D, 1955, the band numbered 4518 shall constitute the sixth ser- ies and shall be payable the first day of April, A. D. 1956, the bond numbered 4519 shall constitute the seventh series and shall be pay- able the first day of April, A, ll. 1957, the bonds numbered 4520 and 4521 shall constitute t h e eighth series and shall he payable the first day of April, A, D, 1958, the bonds numbered 4522 and 4523 shall constitute the ninth series and shall be payable the first day of April, A, D, 1959, the bonds numbered 4524, 4525 and 4526 shall constitute the tenth series and shall be payable the first day of April, A. D. 1960, Said bonds shall bea!° interest at the rate of five per cent, pet 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- Special Session, October 19th, 1950 549 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 DB- buque. Said bonds shall be sub- stantially in the following form: No . ............... Series No. .......... CITY OF DUBUQUE Improvement BOND The City of Dubuque in t h e State of Iowa promises to pay a hereinafter mentioned to the bear- er hereof, on the first day of April, A, D. 19-; or any time before that date at the option of the City, the sum of ....... Hund• red 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, 1950, and in accordance with a resolution of the City Council of said City, duly pass- ed on the 19th day of October, 1950. This band is one of a series of 14 bonds, 13 for $500,00 num- bered from 4513 to 4525 inclusive, and one for $17711 numbered 4526, all of like tenor and date, and issued for the purpose of the improvement of Adair Street from the north property line of Loras Blvd, to the south property line of Rosedale Avenue and de• scribed in said resolution; which cost is assessable to and levied along said improvement, and i;~ made by law a lien on all abutt- ing or adjacent property, and payable in ten annual installments, with interest on all deferred pay- ments at the rate of five per cent, per annum, and this bond 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 prece- dent to and in the issuing of this series of bonds, have been done, happened and performed in regu- lar 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 irevo- cably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signedhy its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 18th day November, 1950, and has authoriz- ed the use of their fac-simile signa- ture to the interest coupons hereto attached. Mayor. City Clerk, Countersigned (Seal) (FORM OF COUPON.} On the .. ... day of ......... A. D. 19-, the City of Dubuque, Iowa, promises to pay to the bear- er, 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 mr its ..... ... Bond No. ..... , dated ............. 19-. Mayor. City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that pur- pose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him far that purpose, BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, ~; -~ ~ ~,.~ 'i t' 4 ;,~ , ;~ , t~~ r~: c~ `S ~; ,_? ~~~ , , ,~~~ ~y ~ S ~~ 550 Special Session, October 19th, 1950 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 19th day of Octo; ber, 1950 . Approved: CLARENCE P, WELU Mayor. ROMOLO N. RUSSO RAY KOLB LEO N. SCHUELLER Councilmen. Attest: J. J. SHEA City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller, Nays -None. Absent -Councilman Austin. State of Iowa l SS County of Dubuque) I, Claude J. McDonald, do here- by certify that on September 29th, 1950, I posted copies of the attach- ed Notice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line of improvement for the improving of Adair Street from the north property line Loras Boulevard to the south property line of Rosedale Avenue. Signed: Claude J. McDonald Subscribed and sworn to by Claude J, McDonald this 29th day of September, 1950. John J. Shea (SEAL) Notary Public in and for Dubuque Couhty, Iowa, Councilman Russo moved that the statement be received and made a matter of record. Seconded by Councilman Kalb. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller, Nays -None. Absent -Councilman Austin. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and intention of the City Council to issue bonds for the construction of an eight (8) inch vitrified the sanitary sewer to serve Meadow Lane beginning at the existing sani- tary sewer manhole located in Stet more Street approximately 15 0 feet south of the south property line of Theisen Street and running easterly along a line parellel to and 55.5 feet southerly from the south line of Lot 13 of Sisters Addition a distance of 251.8 feet; thence E 75 degrees E a dis- tance of 222,8 feet to Meadow Lane; thence northerly in Meadow Lane along a line parallel to and 5 feet westerly from the east property line of Meadow Lane to the intersection with the prolonga- tion of the nai~therly line of Lot 16 of Sister's Addition, presented and read. Councilman Kalb moved that the proofs of publication be received and filed. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller, Nays -None. Absent -Councilman Austin, City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS RESOLUTION NO, 320.50 Resolved by the City Council of the City of Dubuuge, Iowa; That to pay for the construction of an eight (8) inch vitrified the sanitary sewer to serve Meadow Lane be- ginning at the existing sanitary sewer manhole located in Stetmore Street approximately 150 feet south of the south property line of Thei- sen Street and running easterly along a line parallel to and 55.5 feet southerly from the south line of Lot 13 of Sisters Addition a dis- tance of 251.8 feet, thence N 75 degrees E a distance of 222,8 feet to Meadow Lane; thence northerly in Meadow Lane along a line parallel to and 5 feet westerly from the east property line of Meadow Lane to the intersection with the prolongation of the northerly line of Lot 16 of Sister's Addition, George Saffron, contractor, in front of and adjoining the same a special tax be and. is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated Special Session, October 19th, 1950 SSt and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Owner Assessment Thelka Rettenberger, Lot 13, Sisters Addition .,...... 134,70 Frank Smith, Lot 14, E. 190 ft., Sisters Addition .,...,..,. 528.22 Arthur J. & Rita M, Walsh, Lot 1 of 1 of 15, Sisters Addition ............................ 264.11 Arthur J. & Rita M. Walsh, Lot 2 of i of 15, Sisters Addition ............................. 264.11 Robert W. & Clara V. Court- ney, Lot 16, E i/z of S r/z, Sisters Addition ............... 264.11 John B, ~ Bernice M. Car- ter„ Lot 16, E ~/z of N'/z, Sisters Addition ................ 264.11 Otto Wimmer, Lot 1 of 1 ofloflofloflofl of 2 of 1 & 2 Sisters Ad- dition ................................ 264.11 Harold G. & Martha M. Sip- pel,Lotlofloflo£laf i of 1 of 3 Sisters Addi- tion ...................................... 528.22 Edna A. Blosch, Lot 1 of 4 W 205 ft. Sisters Add. ,..... 52822 3,039.91 764 Lin. Ft. 8" Vitrified Tile Sewer @ $2.98 ......$2,276.72 12 Each 8" x 6" Y Branches @ $4.25 .......................... 51.00 3 Each Brick Manholes, Complete @ $195,00 ..,... 585.00 $2,912.72 Extra Expense 3r/z % ..,....... 101.95 6% Interest 52 Days .....,.... 2524 $3,039.91 All of which is assessed in pro- portion to the special benefits conferred. Passed, adopted and approved this 19th day of October, 1950. CLARENCE P, WELU, Mayor ROMOLO N, RUSSO, RAY KOLB LEO N, SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Russo moved the adoption of the resolution, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Kolb, Russo, Schueller. Nays-None. Absent-Councilman Austin. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds in the amount of $3,039.91 to provide for cost of the construction of an eight (8) inch vitrified the sani- tary sewer to serve Meadow Lane beginning at the existing sanitary sewer manhole in Stetmore Street approximately 150 feet south of the south property line of Thei- sen Street and running easterly along a line parallel to and 55.5 feet southerly from the south line of Lot 13 of Sisters Addition a distance of 251,8 feet: thence E 75 degrees E a distance of 222,8 feet to Meadow Lane; thence nor- therly in Meadow Lane along a line parallel to and 5 feet westerly from the east property line of Meadow Lane to the intersection with the prolongation of the nor- therly line of Lot 16 of Sisters Addition, presented and read. Councilman Kolb moved that the proofs of publication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin, (Resolution Pravidinr, for the Issuance of Public Improvement Eonds.) CITY OF DUOUQUE, IOWA RESOLUTION N0. 32150 WHEREAS, the contract hereto- fore entered into by the City o£ Dubuque for the construction of an eight (8) inch vitrified the sani- tary sewer to serve Meadow Lane hereinafter described, has been completed and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $3,039, 91 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 ~3 l I _.~ ,~} ~,t Y ~x €~ . ~~ ;~~ }, `a °j. >:,? '~ '' -~ ~ v ~~', ,~ ~~ E z ,, °, ,,3@ 552 Special Scssian, October 19th, 1950 hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORD BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the construc- tion of an eight (8) inch vitrified the sanitary sewer to serve Mea- dow Lane beginning at the exist- ing sanitary sewer manhole locat- ed in Stetmore Street approximate- ly 150 feet south of the south property line of Theisen Street and running easterly along a line parallel to and 55.5 feet southor- ly from the south line of Lot 13 of Sisters Addition a distance of 251.8 feet; thence N 75 degrees a distance of 222,8 feet to Mea- dow Lane; thence northerly in Meadow Lane along a line paral- lel to and 5 feet westerly from the east property line of Meadow Lane to the intersection with the prolongation of the northerly line of Lot 16 of Sisters Addition there be issued Sewer bonds to the a- mount of $3,039.91 Said bonds shall be issued un- der the provisions of Chapter 396 of the Cade of Iowa, 1950; shall bear the date of the 18th day of November, 1950, shall be in deno- minations of $300.00, except that there shall be one bond to the amount of $39,91. They shall be numbered from 4527 to 4537 n- clusive and shall be divided into ten series, of which the bond num- bered 4527 shall constitute the first series and shall be payable the first day of April, A. D, 1951, the bond numbered 4528 shall con- stitute the second series and shall be payable the first day of April, A. D. 1952, the bond numbered 4529 shall constitute the third ser- ies and shall be payable the first day of April, A. D. 1953, the bond numbered 4530 shall constitute the Fourth series and shall be payable the first day of April, A. D. 1954, the bond numbered 4531 shall con- stitute the fifth series and shall be payable the first day of April, A. D. 1955, the bond numbered 4532 shall constitute the sixth ser- ies and shall be payable the first day of April, A, D. 1956, the bond numbered 4533 shall constitute the seventh series and shall be pay- able the first day of April, A. D. 1957, the bond numbered 4534 shall constitute the eighth series and shall be payable the first day of April, A, D. 1958, the bond numbered 4535 shall constitute the ninth series and shall be payable the first day of April, A. D. 1959, the bonds numbered 4536 and 4537 shall constitute the tenth cries and shall be payable the first day of April, A, D. 1960. Said bonds shall bear interest at the rate of five per cent, per an- num which interest shall be pay- able semi-anntially, in accordance with the terms of the coupons thereto attached; and said bands shall be payable out of the pro- ceeds of the special assssment levied for said improvement. Both prinicpal and interest shalt be payablz at the office of the City Treasurer in the City of Du- buque, Said bonds shall be sub- stantially in the following forril: CITY OF DU6UQUE SEWER BOND The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, A. D. 1950; or any time before that date at the option of th City, the sum of . , . , . , , ..HliN DRED DOLLARS with interest 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 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 Chap- ter 396 of the Code of Iowa, 1950 and in accordance with a resolu- tion of the City Council of said City, duly passed on the 19th da}~ of October, 1950. This bond is one of a series o£ 11 bonds, 10 for $300.00 numbered from 4527 to 4536 inclusive, and one for $39.91 numbered 4537 all of like tenor and date, and issued for the pur- pose of the construction of an eight (8) inch vitrified the sani- tary sewer to serve Meadow Lane beginning at the existing sani- tary sewer manhole located in Special Session, October 19th, 1950 553 Stetmore Street approximately 150 feet south of the south property line of Theisen Street and run- ning easterly along a line parallel to and 55.5 feet southerly from the south line of Lat 13 of Sis- ters Addition a distance of 251.8 feet; thence N 75 degrees E a distance of 222.8 feet to Meadow Lane; thence northerly in Mea- dow Lane along a line parallel to and 5 feet westerly from the east property line of Meadow Lane to the intersection with the prolonga• tion of the northerly line of Lot 16 of Sisters Addition and describ• ed in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adja- cent 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 tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things re• quired to be done precedent to and in the issuing of this series of bonds, have been done, happen• zd and performed in regular and due form as required by said law and resolution; and for the assess- ments, coilzctions and payment hereon of said special tax, t h c faith and diligence of said City „r Dubna_ue are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 18th day No• vember, 1950 and has authorized the use of their fac-simile signa- ture to the interest coupons hereto attached ........... Mayor, City Clerk. Countersigned (SEAL) (FORM OF COUPON.)... . On the,. ,.day of.......A. D, 1950, 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 inter- est due that day on its,.....Bond No. , .... ,, dated. ..,, 1950. Mayor. City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerx 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 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, be- ginning with the second year af• ter the payment of interest due, these bonds shall be called and retired in the same order as num- bered, Adopted this 19th day of Octo- ber, 1950. Approved: CLARENCE P. WELU MAYOR. ROMOLO N, RUSSO RAY KOLB LEO N. SCHUELLER COUNCILMEN Attest: J. J, SHEA CITY CLERK. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller, Nays -None. Absent -Councilman Austin, __~: 554 Special Session, October 19th, 1950 ~, s '.~ * ' i~ 5~, 4 .~ <. r y- S . `' i :" State of Iowa l SS County of Dubuque J I, Claude J. McDonald, do hereby certify that on Sept. 29th, 1950, 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 an eight (8) inch vit- rified the sanitary sewer to serve Meadow Lane. Signed: Claude J. McDonald Subscribed and sworn to by Claude J. McDonald this 29th day of September, 1950. John J. Shea (Seal) Notary Public in and for Dubuque County, Iowa. Councilman Russo moved that the statement be received and made a matter of record. Second- ed by Mayor Welu. Carried by the fallowing vote: Yeas -Mayor Welu, Council- men Kalb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Proof of publication, certified to by the publishers, of notice of hearing upon the question of changing the zoning classification of the area bounded in general by Twentieth Street, Rhomberg Ave- nue, Kniest Street, Twenty-Second Street and Washington Street from its present classification to Local Business District Classification, pre- sented and read. Councilman Russo moved that the proof of publica- tion be received and filed. Second- . ed by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council• men Kalb, Russo, Schueller. Nays -None. Absent -Councilman Austin. ORDINANCE N®. 43.50. An Ordinance amending and changing the zoning map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to change the zoning classification of the follow- ing described area from its present classification to Local Busi- ness District Classification, to•wit: Beginning at the center lines of the intersection of East Twentieth Street and Washington Street, thence easterly along the center line of East Twentieth Shoot to the intersection of the center line of Rhomberg Avenue; thence east- erly along the center line of Rhom- berg Avenue to the intersection of the center line of Kniest Street; thence northerly along the center line of Kniest Street to the inter- section of the center line of East Twenty-second Street; thence west- erly along the center line of East Twenty-second Street to the inter section of the center line of Wash• ingtan Street; thence southerly along the center line of Wash- ington Street to the intersection of the center line of East Twen- tieth Street, which is the point of beginning, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Car• ried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Councilman Schueller moved that the rules be suspended re- quiring an ordinance to be read an three separate days. Seconded by Councilman Kolb. Carried by the following vote; Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Councilman Schueller moved that the ordinance be placed on 'file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Notice of Claim of Stella Wel- ter in the amount of $4,800.00 for injuries received when struck by a rock or stone which was thrown from under the tiro of an auto- mobile moving westerly on Janes Street. between Main and Shields Streets, presented and read. Coun- cilman P~usso moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconted by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Special Session, October 19th, 1950 555 Notice of Claim of James K. McFadden in the amount of $15.00 due to damages in his basement caused by water backing up from the main sewer as said server was clogged on West Fifth Street, pre- sented and read. Councilman Rus- so moved that the Notice of Claim be referred to the City So- licitor for investigation and report. Seconded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Tentative program Iowa School for traffic Engineers, Engineering Extension Service, Iowa State Col- lege, Ames, Iowa to be held Octo- ber 31 and November 1, 1350, pre- sented and read. Councilman Rus- so moved that the program be referred to the Chief of Police. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Communication of C. B. Pilcher, Fort Dodge, Iowa, with reference to the problem of ice and snow control on city streets by the use of a machine called the "Scotch- man", presented and read. Council- man Kolb moved that the com- munication be received and filed. Seconded by Councilman Russo, Carried by the following vote: Yeas -Mayor Welu, Council• men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Communication of Mrs. Fred .1. Bieberman with reference to the ownership of Lot 1 of Min. Lot 33 and Lot 2 of Min. Lot 33 and asking that said letter be kept on file, presented and read. Councilman Kolb moved that the communication be received and filed. Soconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Ylelu, Council- men Kolb, Russo, Schueller. Nays -None. Absent-Councilman Austin. Communication of Gerald You- rell with reference to dogs running at large and also as to juvenile delinquency and suggesting that something be done to improve the above mention conditions, presented and read. Mr. Yourell addressed the Council in support of his communication. Mayor Welu moved that the communication be referred to the City Manager and Chief of Police for investigation and report. Seconde by Council- man Schueller. Carried by the fol- lowing cote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Petition of Wilfred Noel and oth- ers, residents and property owners on Rush Street, in the vicinity of Union and Quince Streets, request- ing that an investigation be made of the street lighting condition in this vicinity, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector for recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Kolb, Russo, Schueller. Nays-None. Absent-Councilman Austin. Petition of Mrs. Larson request- ing the installation of a street light at the corner of Atlantic and Fillmore Streets, one block north of Loras Boulevard, present- ed and read. Councilman K o 1 b moved that the petition be referred to the City Manager and Elec- trical Inspector for recommenda- tion and report. Seconded by Coun• Gilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays-None. Absent -Councilman Austin. Petition of the Auxiliary of the D.A.v, requesting permission to hold aFor-get-me•not tag sale on Friday evening November 3rd and all day Saturday November 4th, 1950, presented and read. Mayor Welu moved that the request be granted. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Kolb; Russo, Schueller. Nays -None. Absent -Councilman Austin. _~ -~ j ~; +s `9 'x, °':. 556 Special Session, October 19th, 1950 Petition of Jos. Boyer a n d others, residents on Kane Street, requesting that Kane Street be graded or leveled and repaired, presented and read. Mayor We1u moved that the petition be referred to the Street Commissioner. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. NAYS -None. Absent-Councilman Austin. Petition of the llubuque Amuse- ment Corporation requesting that they be granted a fire protection contract to cover the property known as Melody Mill on the Sage• vine Road, presented and read. Mayor Welu moved that the re- quest be granted and a contract entered into as provided by ordin- ance. Seconded by Councilman Kolb. Carried by the following vote; Yeas-iVIayor Welu, Councilmen Kolb, Russo, Schueller. Nays-None. Absent-Councilman Austin. Petition of the Dubuque Chapter of the International Association of Y's Men, a service organization, to assist the YMCA in youth work, requesting that they be granted a permit, without fee, for the sale of Christmas Trees at the empty lot on the southwest corner of Eighth and Io;va Streets between November 26 and December 25th, 1950, presented and read. Council- man Russo moved that the petition be referred to the City Manager to advise the Association of the problem involved. Seconded b y Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- . men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Petition of the Military Order of the Cootie requesting permis- sion for the holding of a parade at x:00 p.m. on Saturday, Novem- ber 4th, 1950, presented and read. Councilman Russo moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council• men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Petition of Ray and Zara Bram- mer requesting the City Council to investigate and adjust the condi- tion in which the garage entrance of Lot 96 of Woodlawn Park Addi- tion was left after the completion of the Fillmore Street curb and gutter jab, presented and read. Councilman Russo moved that the petition be referred to the Coun- cil to view the grounds. Seconded. by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Petition of Bethany Home for the Aged requesting that a street light be installed on High Bluff Street near Bethany Home, present ed and read. Councilman Russo moved that the petition be referr- ed to the City Manager and Elec• trical Inspector for recommenda- tion and report. Seconded b y Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. October 2, 1950 Mayor C. P. Welu, and Members of the City Council of the City of Dubuque, Iowa Honorable Sirs: I, the undersigned, Robert C. Livermore, a member of the Du• buque Fire Department, do here- by petition Your Honorable Body for an indefinite leave of absence from the Fire Department, com- mencing October 3, 1950. I have been called up for duty in the United States Marine Corp. Respectfully yours, Robert C. Livermore. Mayor Welu moved that the request be granted and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. October 5, 1950. Mayor C. P. Welu and Members of the City Council Dubuque, Iowa Gentlemen: I, the undersigned, Jack KIlb;T, a temporary rodman employee of Special Session, October 19th, 1950 557 the Engineering Bepartment of the City of Dubuque, do hereby peti- tion your Honorable Body for an indefinite leave of absence from the Engineering Department, com- mencing September 30, 1950. I have been ordered to active duty with the U. S. Marine Corp. Respectfully submitted, Jack Kilby. P/Iayor Welu moved that the re- quest be granted and made a mat- ter of record. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman P,ustin. October 14, 1950 Honorable Mayor and City Coun- C11 City of Dubuque, Iowa Gentlemen: I, the undersigned, Carl LuGram, a regular employee of the Water Bepartment, do hereby petition your Honorable Body for an in- definite leave of absence, com- mencing October 16, 1950. I have been called to military service in the United States Army. Respectfully yours, Carl LuGrain. Mayor Wolu moved that the re- quest be granted and made a mat• ter of record. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. OR®IPlANCE EdO. 41.50. An Ordinance establishing park- ing regulations on certain parts of White Street, Fourth Street, Cen- tral Avenue, Rhomberg Avenue, Grandview Avenue, Robinson St., Nevada Street and Delhi Street, and prescribing a penalty for viola- tion thereof, said ordinance haw ing been passed upon first read- ing on September 14th, 1950 and ordered placed on file v~ith the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE fJ0.41.60 An Ordinance estahliahing~ parltin;' regulations on certain parte of White Street, Fourth Sheet, Central Avenue, Rhomberg Avenue, Grandview Avenue, Robinson Street, Nevada Street and Delhi Street, and prescribing a penalty for violation thereof, Be it Ordained by the City Council of the City of Dubuque: Section I. It shall be unlawful to park any vehicle at any time on: from thee north line of East Fourth Street to a point thirty-seven (37) feet north of the north line of East Fourth Street; berg Avenues thomtethe snorthf line of Twentieth Street to the Chicago Great 1Vestern Railroad's tracks; (3) Both Ades of Robinson Street from Bluff Street to University Ave- nue; from t ee southsm~•b fiine o d Univeet sits Avenue to a point forty-sis (46) feet south of the south curb line of University Avenue; (5) The northeasterly side of Delhi Street from the south ]ine of Univer- sity Avenue to a point twenty (20) feet southeasterly of the stop sign located an the south corner of the intersection of Delhi Street and Uni- versity Avenue; (6) The west side of Grandview Avenue from the north line of Grace Street to the south line of Delhi Street; provided that such spaces above designated shall first be marked by proper signs with the words thereon "ho panting at any time." Section IL It shall be unlawful to park a vehicle for longer than hvo (2) hours between the hours of 9 a. m. and 6 p, m, on any day except Sttndavs and public holidays on: (1) Both sides of j~rhite Street from the north line of East Fourth Street to the south line of East Siath Street; (2) Both sides of Fourth Street from the east line oP Central Avenue to the west hue of White Sheet; (3) Both sides of Central Avenue from the sottth line of Fottrth Street to the north line of Third Street; pro- vided that such spaces above deeig- nated shall first be marlted with proper signs erected at intervals with the words thereon, "Parking two hours, 9 a. m to 6 p. m., except Sundays." Section III. Any person, firm or corporation violating any of the pro- visions of this Ordinance ehall be deemed guilty of a misdemeanor and upon conviction thereof shall he fined by a fine of not to esceed one hun- dred dollars (100) or imprisoned for trot more than tliirty (30) days. Section IV. This Ordinance shall bo in force and effect ten (10) days from and after its final paseage, adoption, and publication as by law provider]. Passed upon first reading this 14th day of September, A.D, 1950. Passed, adopted and approved upon final reading this 19th day of October, A.D. 1950. CLARENCE P. WELU, Mayor, ROMOLO N. RUSSO, RAY I{OLB, LEO N. SCHUELLER, Attest: Councilmen. J. J. Shea, City Clerlt. Published officially in The Tele- graph-Herald newspaper this 24th day of October, 1950. J, 7. SHEA, 1t0et24 City Clerk, _ __ .~-r r ,s, ~~ '' 'a sj t? ~L ~a °, ~~~ ='i ~, ,j -7 ~~ ~a ~.§L. 558 Special Session, October 19th, 1950 Mayor Welu moved the adoption of the ordinance. Seconded by Councilman Schueller, Carried by the following vote: Yeas -Mayor Welu, Couucil- lnen Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. ORD6MAFdCE N0. 42.50. An Ordinance establishing and fixing rates to be charged for the furnishing of bus transportation to passengers on busses operated by the Interstate Power Company in the City of Dubuque; and repeal- ing Ordinance No. 17-49, said ordi- nance having been passed upon first reading on October 5th, 1950 and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, was presented for final adoption. be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one Hundred ($100.00) dol- lars or imprisoned not to exceed thirty (Ii0) days In jail. Section 4. That this Ordinance shall be in Pm-ce and effect ten days from and after its final passage, adoption and publication as provided by lacy. Passed upon first reading October 5th, ls5o. Passed, adopted and apPTOVed upon .`,na1 rea[ling October 19th, 1960. CLARENCE P. WELU, Mayor. RAY KOLB, ROMOLO N. RUSSO, LEO N. SCHUELLER, Attest: Councilmen. J. J. Shea, City Clerk. Published officially in The Tele- graFdr-Herald newspaper this 20th day of October, 1950. J. J. SHEA, 1tOct29 City Clerlc. Councilman Kolb moved the adoption of the ordinance. Second- ed by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Kalb, Russo, Schueller, Nays -None. Absent -Councilman Austin. Dubuque, Iowa October 12, 1950. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: Section 48.4 of the Code o f Iowa, 1950 provides that the Com- missioner of Registration shall ap- point the two clerks of election for each precinct who shall h a v e charge of the election register. I hereby recommend for Council approval the appointment of the following named persons to serve as Clerks of Election for each precinct, who shall have charge of the election register for the Gen- eral Election of November 7th, 1950, DEMOCRATIC 1st, Precinct -Mrs, Thomas O'Brien, 850 S. Grandview Ave, 2nd. Precinct -Mrs, Earl Done- gan, 1589 West 3rd, St. 3rd. Precinct -Mrs, Vera Mc- Allister, 521 Dodge St. 4th. Precinct -Mrs. Mary Hugh es, 504 Bluff St. 5th. Precinct -Mrs, Laura E. Hohmann, 792 Nevada St. 6th, Precinct -Mrs. Lillian Fleege, 1875 St, Ambrose St. 7th Precinct -Mrs, Cecelia Weber, 998 Central Ave. ORDINANCE N0. 42-50 An ordinance establishing and fixing rates to be chat°ged for the furnishing ' of bus transportation to passengers on busses operated by the Interstate Power Company in the City of Du- buque; and repealing Ordinance No. ]7-49. Whereas, the Interstate Polver Com- pony operates a bus ~ system in and along and upon the streets of the City of Dubuque by virtue of a fran- chase, being Ordinance No. 16-46; and, Whereas, it is provided by said fi°an- chase that the City Council reserves the right to fix reasonable and just rates; and ~j~hereas, application has been filed by the Interstate Power Company fm' an increase in bus rates; and Whereas, after such investigation, it has been determined that there should be an increase in bus fares; Now Therefore; Be it Ordained by the City Cottncil of the City of Dubuque: Section L That Ordinance No. 17-49 adapted the 23rd .day of May, 1949, is hereby repealed. Section 2, The fares to he charged by the Interstate Power Company on all busses operating in the City of Dubuque under card franchise are hereby fixed as follows: 1. The charge for a single cash fare shall be ten (10) cents. 2. The charge for three fall-fare tokens shall be twenty-flue (20) cents, 3. In accordance with and sub- ject to the Provisions of Section 4 of said franchise, children in arms shall be carried free oY charge, the cash fare for children under 12 years cf age shall be five (5) cents, and half-:are tokens shall be sold at the rate of six (5) of such tokens for twenty-five (25) cents. 4. When requested transfers shall be issued upon the payment of all farce without additional charge. Section 3. That any person, fi m or corporation who shall vtolate ny of the terms 9f this Ordinance r .tall Special Session, October 19th, 1950 559 8th, Precinct -Mrs. Ann a Weber, 1025 Locust St. 9th. Precinct -Mrs. Belle Leid- inger, 1502 Maple St. 10th. Precinct -Mrs. Stella Ball, 540 West Locust St. 11th. Precinct -Mrs. Ida Mur- ray, 346 Kaufmann Ave. 12th, Precinct -Mrs. Marie Sand, 2498 1-2 Central Ave. 13th. Precinct - Mrs, Freda Foell, 2915 Jackson St. 14th, Precinct -Mrs. Veronica Agard, 519 Rhomberg Ave. 15th. Precinct -Mrs, Percy Lucas, 1303 Rhomberg Ave. REPUI3LICA~ 1st. Precinct-Mrs. Lillian Janes, 1745 Overview Court. 2nd. Precinct -Mrs. Geo. Fox, 1998 Grace St. 3rd. Precinct -Mrs, Eunice KIlby, 521 West 3rd, St. 4th. Precinct -Mrs. Margaret Endsley, 638 Wilson. 5th. Precinct -Mrs, S a d i e Trader, 295 Nevada St, 6th. Precinct -Mrs. Millie Cords, 1655 Auburn St. 7th. Precinct -Mrs. Alexia Han- ley, 921 Central. 8th. Precinct -Mrs. Jane Furh- man, 530 Wilbur Lane. 9th. Precinct -Mrs. Edna Wid- dowson, 1710 Jackson. 10th. Precinct -Mrs: Hattie Donatsch, 620 Seminary, 11th. Precinct -Miss Carrie Saunders, 2016 Jackson, 12th, Precinct -Mrs. E l s i e Bottge, 2421 Division. 13th. Precinct -Mrs. Marguer- ite Liddle, 2814 Washington St, 14th. Precinct -Mrs. Given Bohn, 2540 Windsor Ave. 15th. Precinct -Mrs. H e l e n Hohnecker, 1202 Lincoln Respectfully submitted, J. J, SHEA, Commissioner of Registration. Mayor Welu moved that the rec- ommendation of Commissioner of Registration Shea be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller, Nays -None. Absent -Councilman Austin. October 10, 1950. Mayor C, P. Welu, and Members of the City Council, of the City of Dubuque, Iowa. Honorable Sirs:- I wish to recommend to you that immediate action be taken to pur- chase a Quintuplet Combina• tion Fire Engine. This apparatus to replace the Maek Service Truck now in service, which is about 23 years old. I recommend to the Council that they advertise for Bids on a Stan- dard Piece of Equipment with the exceptions, that I have listed be- low: i. Engine to have a minimum of 265 B.H.P., using fuel of not over 72 octane, 2. Aerial ladder to be of steel and to be 100 percent hydraulically operated. 3. Pump to be two-stage Centri- fugal and to deliver from draft tinder the Supervision of the Iowa Rating Bureau, the following:- 1,000 G.P.M. at 1501bs, pressure. 700 G.P.M, at 2001bs. pressure. 500 G.P.M, at 250 lbs. pressure, Hose box to hold not less than 1,000 ft, of Double Cotton Jacket, rubber lined, 2 1.2 inch hose, Boos- ter tank with a capacity of 100 or 150 gallons, of rust proof steel, with reel or compartment large enough to hold 200 ft. of 3-4 inch booster hose, Booster hose to be in 50 ft, sections with expansion couplings of rocker lug type, Ground ladders to be double banked and totaling 222 ft, Ground ladders now on Maclc Truck to be used if possible. If the ladders now in service on the Mack Truck can not be used than ladders of same material be fur- nished by bidder. Ladder pipe with proper mount- , ing for carrynlg and operating, and with proper hose connections and siamese to be used with our ~ hose, 1-50 ft. section of Double Cotton Jacket rubber lined 3 inch hose with proper couplings. Mounting for one attic ladder be provided. ~ 1 Mars Signalling light. 1 G5 Federal Siren without ', flasher. ~` ~f ~= q,_ a, '~ ~~ '4 ' . ~ ~. z' 1 - j.- t ~"° 560 Special Session, October 19th, 1950 1 - 2 1-2 inch by pass to booster tank. 4 - 2 1.2 inch outlets. Z - 10 ft. hard suction hoses, proper size and threads for Du- buque hydrants. 2 - 2 1.2 inch gated hydrant con- nections into suction section of pump. If there are any misunderstand- ings by the Bidder or Bidders in regard to these recommendations, that they clear same with Chief of the Fire Dept. As for small equipment the only change from regular assort- ment would be a 2 1-2 gallon pump can in place of the soda and acid extinguisher, Thanking you, I remain Respectfully submitted, Thos. C. Hickson, Chief of Fire Dept. Councilman Russo moved that the recommendation of Fire Chief Hickson be approved. Seconded by Mayor Welu. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -- None. Absent -Councilman Austin. October 10, 1950. Mayor C. P. Welu, and Members of the City Council, of the City of Dubuque, Iowa. Honm~able Sirs: The following Resolution h a s been endorsed by the Iowa Fire Chief's Association at their meet• ing held in Fort Dodge, Iowa, on October 5, 1950, and I kindly ask your whole hearted support in backing this Resolution when it comes up before the next Iowa Legislature. RcSOLUTION ~l0.2 Whereas: The Iowa Fire Chiefs Assn. have endorsed the recom- mendations for fire safety legisla- tion as approved by the 1950 Iowa Safety Congress, and Whereas: It is recognized that the passage of such legislation will necessitate the obtaining of funds for the successful adminis- tration of said recommendations by the affected branches of the Fire Service in Iowa, and Whereas: The need for mare and improved training for the Fire Service in Iowa is recognized by the Iowa Fire Chief Assn., and Whel°eas: The soveral fire de- partments, volunteer and paid, in the State of Iowa are in need of financial assistance to obtain equip- ment and personnel that is requir• ed to assure the citizens of Iowa of protection by an up-to-date, modern Fire Service to protect their lives and property, be it therefore, Resolved; That the Iowa State Legislature in it's 1951 Session consider and pass legislation which will provide said funds by making available from the Iowa Gross Pre- mium Insurance Tax Levy the nec- essary funds to be allocated as follows: 1. 7 percent if said Gross Prem- ium Insuranco Tax to the Iowa Insurance Dept. (as recommended by the Iowa Insurance Agents Assn.) 2. 3 percent to the State Fire Pdarshals Office with the provision that the office be divorced from the Supt, of Public Safety Division and established as a separate of- fice. 3. 3 percent to State Colleges and Universities for expanding the present training programs to in- clude additional facilities, courses of study, and personnel as required. 4. 12 percent to be returned to the municipalities of the State of Iowa to be used fer Fire Mainten- ance purposes; and be it further Resolved: That a copy of this resolution be presented by t h e Iowa League of Municipalities at the annual meeting of said League to be held in Des Monies, Iowa, October 18-19, 1950. Thanking you, and appreciating your efforts, I remain, Respectfully yours, Thos. C. Hickson Chief of Fire Dept. Councilman Russo moved that the resolution be endorsed and that copies of the resolution be, forwarded to the Dubuque County Representatives for their considera- tion at the next session of the Iowa Legislature. Seconded b y Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Special Session, October 19th, 1950 561 October 12, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With respect to the attached petition of Klauer Manufacturing Company dated September 6, 1950 and referred to the Planning & Zoning Commission on Septem- ber 14, 1950, the Planning & Zon- ing Commission respectfully re- commends to your Honorable Body: (i) That Lot's 247 to 258 in Glendale Addition No. 3 be re- zoned from Multiple Family to. Light Industrial Classification. (2) That the alley between Wash- ington and Elm Streets from 26th to 27th Streets, be vacated and the area conveyed to the Klauer Manu- facturing Co, with the conditions (a) that public utility easements in the area be retained (b) that the Klauer Manufacturing Co. convey to the City of Dubuque a right tri- angular plot of ground at the south west corner of their property at Washington and 26th Street bound- ed as follows: by a line from said corner to a point 18' (eighteen feet) northward; a line from said corner to a point 18' (eighteen feet) eastward; and a third line joining these two points to form the hypotenuse of the right tri- anglar shaped lot. Yours very truly, Dubuque Planning and Zoning Commission By.........Secretary R. V. McKay Councilman Russo moved that the recommendations of the Plan- ning and Zoning Commission be approved with the further con- dition that the present public utili- ty easements underground in the proposed vacated area be retain- ed and that proper proceedings be ordered prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. RESOLUTI®N No. 32250 Whereas, the Planning and Zon- ing Commission of the City of Du- buque has recommended to the City Council that the zoning map may be amended and changed in the f o 11 o w i n g respects: By changing from a "Multiple Family District" to "Light Industrial Dis• trict" the area embraced within the following lots, to-wit: Lots 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 and 258, alI in Glendale Addition No. 3 to the City of Dubuque, Iowa. Whereas, before said zoning map may be thus amended and changed, it is necessary that a public hear ing be held thereon; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that said recommenda• tfon be, and the same is hereby approved, and the City Clerk, be, and he is hereby directed to cause to be published in the Telegraph• Herald, a notice of public hear- ing to be held by this Council upon the proposed changes and amend- ments, the date of said hearing being hereby fixed at 7:30 o'clock P. M., November 6th, 1950, and to be held in the Council Chamber in the City Hall, said notice to be published at least fifteen (15) days between the date of publication thereof and the time fixed for said hearing. That at said hearing all and any parties in interest and citizens shall have an oppor- tunity to be heard. Passed, Adcpted and approved this 19th day of October, 1950. CLARENCE P. WELD MAYOR ROMOLO N. RUSSO RAY KOLB LEO N. SCHUELLER COUNCILMEN. Attest: J. J. SHEA CITY CLERK. Councilman Schueller moved the adoption of the resolution. Second ed by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. October 17, 1950 To the Honorable Mayor and City Council of the City of Dubuque, Gentlemen: On Thursday, October 5th, you directed this office to investigate S _~, ~~+~~~ -~,3 ~i ~~ ;i '% i ;:~ ' :r ~. ~Y >` ~. e~, `;,. ~` ,1 ~ ~, ~a 562 Special Session, October 19th, 1950 and determine the authority of your Body to exceed its present budget for the purpose of increas- ing the compensation of the City employees, Section 24,14 of the Code pro• vides that no greater expenditure of public money shall be made for any specific purpose than the amount estimated in the budget, Section 2424 makes the viola- tion of the above provision a mis- demeanor and grounds for re- moval from office. The meaning of the words "specific purpose" has not been defined by the Su- preme Court, but it is my con- clusion that each of the groupings used in your present budge may be considered a specific purpose. Section 24.22 provides that trans- fers may be made from one fund to another if approved by the State Appeal Board. The State Comptroller has indicated that the State Board will act favorably upon a request for such a transfer from any funds except the waterworks and parking funds. It is therefore my conclusion that the Council may not author- ize apay increase which will re- sult in exceeding the estimate for any one purpose, but that, sub- ject to the approval of the State Board, it may increase the amounts appropriated to the payment of salaries for any specific purpose by diverting thereto any unencum- bered funds now appropriated for other objects within the same pur- pose or grouping. You have further inquired of me whether the City may evade .the provisions of Section 24.14 by declaring an emergency and amen- ding the estimate. Section 24.6 provides for the estimate and levy of an emergency fund and this fund is not subject to the provisions of Section 24,14. However, such a levy may not be made witout the approval of the State Board and the State Board has by regulation made it a condi- tion to such approval that at the time of formulating the budget the applicant must describe in detail the emergency which will take .place in the fallowing year, which, of course, seems to defeat the pur- pose of the emergency fund pro- vision, Another method of amending the budget in an emergency is set out in Section 24,7 which provides for supplemental estimates after the original estimate has been fil- ed, The State Comptroller, how- ever, has restricted the use of such supplemental estimates to the funds enumerated in S e c t i o n 408,10 which are those for which tax anticipatory bonds or warrants may be issued, I find no provision for issuing tax anticipatory bands or warrants to pay general opera- ting expenses. Respectfully submitted, T. H, Nelson, City Solicitor, Councilman Russo moved that the communication of City Solici- tor Nelson be made a matter of record. Seconded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None, Absent -Councilman Austin. October 17, 1950. To the Honourable Mayor and Members of the City Council Gentlemen: The petition and original notice in the case of Mary Kenneally against the City of Dubuque was submitted by your honourable body to the city attorneys for consideration. After conferring with the attorneys for Mary Ken- neally, plaintiff in the action, we have obtained a compromise set- tlement for the sum of $1,250.00 and it is our recommendation that said suit be settled and compromis• ed for $1,250.00, the same to be paid upon the execution of a prop- er release by the plaintiff and dismissal of plaintiff's suit against the City with prejudice. .Respectfully submitted, By Robert M. Czizek Assistant City Solicitor Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $1,250,00 in favor of Mary Kenneal- ly, as settlement in full for her claim and suit, and that said war- Special Session, October 19th, 1950 X63 rant be delivered upon receipt by the City of Dubuque of a prop- erly executed release and dismis• sal of suit against the City with prejudice. Seconded by Mayo r Welu, Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller, Nays -None. Absent -Councilman Austin, October 13, 1950, 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 1950; also list of claims and list of payrolls for which warrants were issued for the month of Sep- tember 1950. Respectfully submitted, A, A. Rhomberg, City Manager. Mayor Welu moved that the reports be received and placed on file. Seconded by Councilman Sch- ueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. October 18, 1950, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of October 2, 1950, the offer of Marc Lammer in the amount of $65,00 for the pur- chase of Lot 51 of Rosedale Addi- tion and the offer of Allan J. Klein in the amount of $75.00 for the purchase of Lots 6 and 7 of Quigley's Sub, of Outlot 712 were referred to the council- to view the grounds. The council having examined the properties decided to reject the offers as being too low. I recom- mend that these decisions of the council be confirmed, Respectfully submitted, A, A, Rhomberg, City Manager, Mayor Welu moved that the rec- ommendation of City Manager Rhomberg be approved, Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. October 19, 1950. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted is a reso• lution providing for the approval of the plat of "Springgreen Sub• division" and setting out the terms and conditions far its acceptance. The owners have already put in the sanitary sewers so that the need- ed improvements consist of street work. Passage of the resolution is here- by recommended. Respectfully submitted, A. A, Rhomberg, City Manager, Mayor Welu moved that the communication of City Manager Rhomberg be received and made a matter of record, Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None, Absent -Councilman Austin, RRS®LUTION N0. 323.50. WHEREAS, a plat has been filed by John and Anna Luber in which Lot 2 of Lot 156 and Lot 2 of Lot 156A in L. H. Langworthy's Addition to Dubuque, in the City of Dubuque, Iowa are subdivided and platted as "Springgreen Sub- division' ;and WHEREAS, said plat has been duly examined, investigated and approved by the Planning a n d Zoning Commission of the City of Dubuque, and WHEREAS, upon said plat Springgreen Court, the widening of Kane Street and the widening of the alley hereafter to be known as Greenfield Street are desig• noted as public streets; and WHEREAS, the owners have upon said plat dedicated Spring- 1 s~' ~':~' _~ - :~<, ~, x _:~ '. 564 Special Session, October 19th, 1950 green Court and the portions of Kane Street and Greenfield Street to the public; and WHEREAS, the City C o u n c i l has examined said plat and has been fully advised in the matter, finds that said plat conforms to the city ordinances relating thereto; and WHEREAS, the City Council fur- ther finds that the dedication of Springgreen Court and the por- tions of Kane Street and Green- field Street should be accepted and confirmed and that said plat should be approved; and WHEREAS, Springgreen Court and the widened portion of Kane Street and Greenfield Street are unimproved new streets and the Council is of the opinion that said streets should be improved by the placing of a six inch macadam base with asphalt wearing surface and with conbination concrete curbs and gutters; and WHEREAS, the Engineer's esti- mated cost for said improvements is as follows: Grading $500.00 Macadam plus surface 1,400.00 Curb and gutter 2,350.00 Estimated Total Cost $4,250.00 And, WHEREAS, it is the opin- ion of the City Council that said improvements should be made on or before November 1, 1951, that the plat filed herein be approved upon John and Anna Luber filing with the City Clerk a surety com- pany bond in the sum of $4,250.00, which bond must be approved by the City Council, said bond to in- sure the construction and comple- tion of the improvements on or before November 1, 1951 and said bond to provide for compliance with the provisions of Ordinance No. 23.45, the subdivision ordin• ante of the City of Dubuque, and especially Section IV thereof. NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque: Section 1. That the dedication of Springgreen Court, the portions of Kane Street and Greenfield Street, upon the plat of Spring- green Subdivision be and the same are hereby accepted for the pur- pose for which they are thus dedi- cated. Section 2. That the plat of Lot 2 of Lot 156 and Lot 2 of Lot 156A in L. H. Langworthy's Addi- tion to Dubuque which will here- after be known as Springgreen Subdivision containing Lots 1 to 12 inclusive be and the same is hereby approved and the Mayor and Clerk are hereby directed to endorse the approval of the City of Dubuque upon said plat pro- vided: That John and Anna Luber sign the written acceptance and agree- ment hereto attached, agreeing to comply with all the terms and conditions in this resolution and that John and Anna Luber file with the City Clerk a surety com- pany performance bond in the amount of $4,250.00, acceptable to the City Council, insuring the con- struction and completion of the improvements on Springgreen Court, and on the portions of Ifane Street and Greenfield Street on or before November 1, 1951, all as hereinbefore set out, all to be done with the approval of the city man- ager. Passed, adopted and approved this 19th day of October, 1950. CLARENCE P. WELD Mayor. ROMOLO N. RUSSO RAY KOLB LEO N.SCHUELLER Councilmen. Attest: J. J. SHEA City Clerlc. ,QCCEi'TANCE OF RESOLUTION N0. 323.50 John and Anna Luber with full knowledge and understanding of all the terms and conditins of Re- solution No. 323.50, hereby accept the same as adopted and agree to abide by, comply with and carry. out all the terms and conditions thereof. Executed this 30 day of Octo- ber 1950. John Luber Anna R. Luber Councilman Kolb moved the a- doption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent -Councilman Austin. Special Session, October 19th, 1950 565 October 19, 1950, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In the levy of the assessment for the improvement of the south side of Asbury Road an error was made in interpreting the record- ed plat of Link's Sub. A strip of ground 30 feet in width along As• bury Road labeled "private drive" was construed to be a part of Lot 1 of 1 of 1 of 2 of 1 of 1 of Link's Sub. and owned by Lester E. and Gertrude Wilbricht was assessed in the amount of $135.29. Mr. Wilbricht paid a 1-10 installment of $13.53 to the city treasurer and several days later asked that its money be refunded since he had no title to the propety. A search of the records fails to disclose the ownership of the strip, which ap- pears to be an incompletely de- scribed property. It is hereby recommended that the City Treasurer be authorized to refund Lester E. Wilbricht the amount of $13.53 and that a war- rant in the amount of $135.29 be ordered drawn on the Consolidat- ed Fund in payment of the assess- ment. Respectfully submitted, A. A. Rhomberg, City Manager, Councilman Kolb moved that the recommendation of City Man- ager Rhomberg be approved and the City Auditor instructed to draw a warrant in the amount of $135.29 on the Consolidated Fund as recommended. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Kolb, Russo, Schueller. Nays -None. Absent,- Councilman Austin. October 19, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the October 2nd meeting I was instructed to confer with the Park Board on the subject of East Fourth Street as a site fora sta- dium. This was discussed at a Park Board meeting held October 11th. The members of the Park Board felt that the East Fourth Street site would serve as a location for an adequate and expanded base- ball field, but expressed concern about the size of the project and the number of years in which their taxing powers might be obligated for the purpose. It is my suggestion that the council and the park board joint- ly determine the definite nature and scope of the project in order that the matter may be expedited. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Kolb moved that the suggestion of City: Manager Rhomberg be approved. Seconded by. Councilman Schueller, Carried by the following vote; Yeas -Mayor Welu, Counci]• men Kolb, Russo, Schueller. ATays -None. Absent -Councilman Austin. October 19, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of September 14th the communication of tha Chicago, Milwaukee, St. Paul ,and Pacific Railroad Company and the Chicago Great Western Railway Company in which they jointly propose "to substitute automatic for manual crossing signal protec- tion at 7th, 8th and 11th Streets was referred to the Council ;.o view the grounds. The council having viewed the grounds in company with railroad signal engineers expressed concern as to whether or not the proposed installations would expedite the movement of trains through the city. It was concluded that for the present the city would not join with railroad in seeking approval of the Iowa Commerce Commis- sion as was requested. The attached letter from the en- gineer of the Iowa Commerce Com- cission is the result of an inquiry made by Mr. Nelson, city solici- tor, and myself at the Iowa Com- merce Commission Office in Des Moines on October 12th. Respectfully submitted, A. A. Rhomberg, City Manager. 1;: t; ~' ka y $ r- ~_ ~'_ ~: a 4~~ 1~ ~- `fi +~'! ~' ~, 566 Special Session, October 19th, 1950 Councilman Austin entered the Council Chamber and took his seat at 10:20 P. M. Mayor ~Velu moved that the City Manager and City Solicitor be instructed to file with the Iowa State Commerce Commission a for- mal protest opposing the installa- tion of automatic signal devices at 7th, 8th and 11th Streets railroad crossings and also as to the undue blocking of street cros- sings by the Chicgo Great West- ern Railway Company. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- . men Austin, Kolb, Russo, Schuel- ler. Nays-None, October 18, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that the im- provement of Mineral Street with concrete curb and gutter from the ~' east property line of Gilliam Street to the north property line of 14Ic- Cormick Street under . contract with Thos. Flynn Coal Company has been completed in accordance with the plans and specifications, I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, A. A, Rhomberg City Manager. Councilman Kolb moved that the recommendation of City Man- . agar Rhomberg be approved, Sec- onded by Mayor Welu, Carried by the following vote: Yeas -Mayor Welu, Council- . men Austin, Kalb, Russo, Schuel- ler. Nays - None. (A. Resolution. Accepting Im• provement and Direeting the Clerlc t® Publish Notice.) CITY OF DUEUQUE, ]OWA RESOLUTION N0. 324.50 WHEREAS, the contract for the improvement of Mineral Street from the east property line of Gilliam Street to the north pro• perty line of McCormick Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the c6n- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat " and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall up- on receipt of such plat and sched- ule publish the notice of thi; Council's intention to levy special assessments therefor, as required. by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 19th day of October, 1950, Approved; CLARENCE P, WELD MAYOR, ROMOLO N, RUSSO RAY KOLB LEO N. SCHUELLER RUBEN V, AUSTIN COUNCILMEN, Attest: J, J. SHEA CITY CLERK, Councilman Kolb moved the a• doption of the resolution, Second- ed by CouncIlman Schueller, Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler, Nays -None, October 18, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Hale Street with concrete curb and gutter from tha west property line of North Al- Special Session, ®ctober 19th, 1950 ' 567 gona Street to the end of Hale Street under contract with K'M Construction Company has been completed in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Kolb moved that the recommendation of City Mana- ger Rhomberg be approved. Secon- ded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- 1er. Nays -None. (A Resolution Accepting Im• provement and Directing the Clerk to Publish N®tice.) CITY OF DUOUQUE, IOWA RESOLUTION NO. 325.50. WHEREAS, the contract far the improvement of Hale Street from the west property line of North Algona Street to the end of Hale Street has been completed and the City Manager has examin- ed the work and filed his certifi- cate stating that the same has becn completed according to the terms of the contract, plans and speci#"i- cations and recommends its accep- tance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuqua that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assess- ment for said improvement and file the same in the office of the City Clerk subject to public in spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Caun- cil's intention to levy special as- sessments thereof, 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 19th day of October, 1950. Approved: CLARENCE P. WELU MAYOR. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA CITY CLERK. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuel- ler. Nays -None, October 18, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Edith Street with concrete curb and gutter from the west property line of Sheri- dan Street to the east property line of Burden Avenue under con- tract with K. W. Caber, Galena, Hlinois, has been completed in accordance with plans and specifi- cations. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Kolb moved that the recommendation of City Mana- ger Rhomberg be approved. Secon- ded by Councilman Schueller. Car- ried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays -None. (A Resolution Accepting im• provementr and Directing the Clerk io Publish Notre.) CITY OF DUEUQUE, IOWA RESOLUTION N0. 326.50. WHEREAS, the contract f o r the improvement of Edith Street from the west property line of Sheridan Street to the east pro> perty line of Burden Avenue has 570 Special Session, October 19th, 1950 October 19, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the City Council meeting of October 2, 1950, the claim of Mr. and Mrs. Francis Gruber with ref• erence to damages done to their property by the improvement of English Lane was referred to the City Enineer and City Solicitor for investigation and report. The Engineering Department has made a field investigation of the completed project and respect- fully submits the following re- port. 1. English Lane was located by a very careful field survey with respect to its relationship wit h Southern Avenue in accordance with the original plat of Rose Hiil Addition. 2. On October 17, 1950, the sur- vey was re-run to check the com- pleted improvement and the loca- tion was found to be in strict ac- cordance with the platted location as shown on the accompanying plat, which is a true copy of the southern portion of Rose Hill Addi- tion. The Field procedure used in arriving at the proper location of English Lane was as follows: (a) The line A-B•C-D, as designat- ed on the accompanying plat, was determined from the line of South- ern Avenue, which is the only reasonable and permanent line for beginning a survey in the area. Line A-B-C-D represents the south- erly boundary line of Rose Hill Addition. (b) The angle 75 degrees 15', computed from the bearings of the intersecting lines, was then measured from points B and C and the points E and F established in accordance with the platted dimen• sions. The line E-F, therefore, rep-° resents the southerly line of Eng- lish Lane from which the curb lines were located. 3. The corner lot referred to in the claimant's letter as a total loss is presumed to be lot Number 11 which abuts both English Lane and Sullivan Streei. Sullivan Street admittedly encroaches upon lots 11 and 62 as it is presently travell- ed as shown by the red shaded area on -the plat. This condition can readily be corrected by mov- ing the roadway approximately 30 feet easterly, thereby removing all street encroachments on lot num- ber 11. 4. The high bank left along the line of lots 28 and 11 referred to in the letter is actually not as high from the finished roadway as was the original bank as shown by comparing the original crass sections with the final cross sec- tions of English Lane which are an file in the City Engineer's office. The height of the bank has been reduced from 3 to 5 feet abutting this property. The origin• al roadway, however, was not locat- ed within the 40 foot platted width and was shifted approximately 20 feet northerly in accordance with the procedure as outlined in para- graph 2 above. The toe of the bank slope now begins at t h e northerly line of English Lane. 5. The Contractor for this im- provement followed the exact lines and grades as set by the Engineer- ing Department and also sloped the bank in question at the re- quest of the claimants, leaving the banks sloped substantially as they originally were found as evidenc- ed again by the original and final cross section of the street. It is recommended, therefore, since the contractor followed the plans and specifications as prepar- ed by the Engineering Department that the improvement be accepted, Respectfully submitted, R. J. Gallagher, City Engineer. Councilman Russo moved that the recommendation of City Engi- neer Gallagher be approved. Sec- onded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. September 29, 1950. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of English Lane from the south property line of Mt. Loretta Avenue to the north prop- Special Session; October 19th, 1950 571 erty line of Southern Avenue with concrete curb and gutter, under contract with Thos. Flynn Coal Company has been completed in accordance with the plans and specifications. I, therefore, recommend the acceptance of this work. Respectfully submitted, A. A. Rhombeg, City Manager. Councilman Austin moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Kolb. Car• Tied by the following vote: Yeas -Mayor Welu, Council• men Austin, Kalb, Russo, Schuel- ler. Nays -None. (A Resolution Accepting Im• provement and Directing t h e Clerk to Publish N®tice.} CITY OF DUOUQUE, IOWA RESOLUTION N0. 329.50. WHEREAS, the contract for the improvement of English Lane from the south property line of Mt. Lor- etta Avenue to the north prop- . erty line of Southern Avenue has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, nowv therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be -and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessmentfor said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- eeipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by lavv. 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 bands issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided far therei~r. Passed, adopted and approved this 19th day of October, 1950. Approved: CLARENCE P. WELD Mayor. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. RESOLUTION N0. 330.50 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of late relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. The Sunshine Circle -Finley Hospital, 1596 Delhi Street Fred Frary, 2220 University Ave- nue BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 19th day of October, 1950. CLARENCE P. WELU MAYOR. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTR~1 LEO N. SCHUELLER COUNCILMEN. Attest: J. J. SHEA CITY CLERK. Mayor Welu moved the adop- tion of the resolution. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. ;. S72 Special Session, October 19th, 1950 RESOLUTION N0. 331.50 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council for ap• proval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be granted and the liconses are to be issued upon the compliance wi+.h the terms of the ordinances of this City. CLASS "B" PERMIT Fred H. Cooper and Harold J, Love, 205 West 6th Street Fred Frary, 2220 University Avenue Passed, adapted and approved this 19th day of October, 1950. CLARENCE P. WELU MAYOR, ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN, Attest: J. J. SHEA CITY CLERK. Mayor Welu moved the adop- tion of the resolution, Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None, cants be and the same are hereby approved, Passed, adopted and app>oved this 19th day of October, 1950. CLARENCE P. WELU Mayor. ROMOLO N, RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen, Attest: J, J. SHEA City Clerk. Councilman Kolb moved t h P adoption of the resolution, Second- ed by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Scheel- ler. Nays -None. There being no further business Councilman Austin moved to ad- journ. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Scheel- ler. Nays-None. J, J, Shea, City Clerk. Approved ............... 1951 Adopted ................. 1951 RESOLUTION N0. 33250. WHEREAS, heretofore applica• tions for Class ".B" Permits were filed by the within named appli• cants 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 prope~~ bond: NOW, THEREFORE, BE IT RESOLVED by the Coun• cil of the City of Dubuque that the Manager be and he is direct- ed to issue to the fallowing named applicants a Beer Permit, Councilmen: 1 .................................: Attest :............... City Clerk, CLASS "E" PERMIT FYed H. Cooper and Harold J. Love, 250 West 6th Street, Fred Frary, 2220 University Ave. BE IT FURTHER RESOLVED that the bonds filed by such appli- Regular Session, November 6th, 1950 573 (OfFicial) Regular Session, November 6th, 1950. ' Council met at 7:30 P.M. Present-Mayor Welu, Council- men Austin, I{olb, Russo, Schuel- ler, City Manager Rhomberg. Mayor Welu stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proofs of publication, certified to by the publishers, of notice of public hearing on proposed plans, specifications, and proposed form of contract fm' the construction of improvements anti extensions to the IVIunicipai Waterworks of the City of Dubuque, Iowa, and of the taking of bids thereon, presented and read. Councilman Kolb moved that the proofs of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilman Austin, Kolb, Russo, Schueller, Nays-None. RESOLUTION N0. 333.50 Whereas, proposed plans and specifications and form of contract for the furnishing of all labor, tools, materials and equipment necessary to construct a New Gar- age on Lots 9 and 10 in Industrial Subdivision No. 2 have been ap- proved by the City Council in the City of Dubuque, Iowa and public notice given as provided by the 1950 Code of Iowa pertaining to the public contracts and bonds and the time and place fixed for the hearing of all objections to said plan, specifications or contract for or cost of such improvements, said time being this 6th day of Novem- ber, 1950; and Whereas, the City Council mot in regular session the 6th day of November 1950 at 7:30 o'clock P.M, at the Cotmcil Chamber in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all .objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil, City of Dubuque, Iowa, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment, Passed, adopted and approved this 6th day of November, 1950. CLAP~ENCE P. WELD, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Cotmcilman Kolb moved the adoption of the resolution. Second- ed by Cotmcilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. November 6, 1950 To the Honorable Mayor and Members of the City Councih Gentlemen: Pursuant to your instructions, sealed bids were received until 7:30 P.M. Monday, November 6, 1950 far the furnishing of all labor, tools, materials and oquipment necessary to construct a new gar- age. The bids of the Willy Construc- tion Co. of Bubuque, Iowa, fm• Fifty Nine Thousand Nine Hundred Seventy Five Dollars, no cents ($59,975.00) in our opinion is con• sidered to be the lowest and best