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1950 November Council Proceedings~€, t,, , k, i~: tii ;:5 4 • <' 572 Special Session, October 19th, 1950 RESOLUTION N®. 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 licenses 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 Fraly, 2220 University Avenue Passed, adopted and approved this 19th day of October, 1950. CLARENCE P. WELD MAYOR. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEiLT. 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, Sehuel- ler. Nays -None. RESOLUTION N®. 332.50. 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 proper 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 following named applicants a Beer Permit. CLASS "6" PERMIT Fred H. Cooper and Harald J. Love, 250 West 6th Street, Fred Frary, 2220 University Ave. BE IT FURTHER RESOLVED that the bonds filed by such appli• cants be and the same are hereby approved. Passed, adopted and approved this 19th 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. Councilman Kolb moved t h c adoption of the resolution. Second- ed by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schue]- 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, Schuel- ler. Nays-None. J. J; Shea. City Clerk.. Approved ............... 1951 Adopted ................. 1951 Councilmen: t ...... .... ........ Attest :............... City Clerk. Regular Session, 1'~ovember 6th, 1950 573 ~ .. ~'~ f~~7 (~ ~~~ (®#fisiai) Regular Session, November 6th, 1950. Council met at 7:30 P.M. Present-Mayor Welu, Council- men Austin, Kolb, Russo, Sehuel- 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 for the construction of improvements and extensions to the Municipal 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 Weln, Councilman Austin, Kolb, P~usso, Sehueller. Nays-None. i;ES®Ll1TI®N N0. 333.50 Whereas, proposed plans and specifications and farm of contract for the furnishing of all labor, tools, materials and equipment necessary to construct a New Gar- age on Lats 9 and 10 in'Industrial Sttbdivision 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 Cade 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 tirne being this 6th day of Novem- ber, 1950; and Whereas, the City Council met in regular session the 6th day of November 1950 at 7:30 o'cloclt P.M, at the Council 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 Resoived by the City Cotin- cil, City of Dubuque, IOtVa, that all objections which have been made and filed to the plats, 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 Resoived that this resolution emttaining the decision of this council upon all objections which have been filed to the plans, specifications and form of contract far 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. WELU, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO TL SCHUELLER, Councilmen Attest: J..I. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Sehueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Sehueller. Nays-None. November 6, 1950 To the Honorable Mayor and Members of the City Council. Gentlemen: Pursuant to your instructions, sealed bids were received until 7:30 P.M. Monday, November 6, 1950 for the furnishing of all labor, tools, materials and equipment necessary to construct a new gar- age. The bids of the Willy Construc- tion Ca. of Bubuque, Iowa, for 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 k. ~, §? 'i ES ~4 t: `` ` L,! 574 Regular Session, November 6th, 1950 bid offered. We recommend that the contract be aGVarded as this is the best bid received in accot•d- ance with the specifications. Respectfully submitted, A. A. RHOMBERG, City Manager J. J. HAIL, Superintendent, Water Dept. Councilman Austin moved that the recommendation of City Man- ager Rhomberg and V~ater Superin- tendent Hail he approved. Second- ed by Councilman Russo. Carried by the following vote: Yeas-Mayor Weiu, Councilmen Austin, Kolb, Russo, Schueller. 'Nays-None. RESOLUTION N0. 334.50 Be It Resolved by the City Coun- cil, of the City of Dubuque, Iowa Whereas, the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an ad- vertisement for bids on the furn- ishing of all labor, tools, materials and equipment necessary to con- struct aNew Garage on Lots 9 and 10 in Industrial Subdivision No. 2, heretofore advertised on the 5th and 12th days of October 1950, did on the 6th day of November, 1950 at 7:30 o'clock P.M. at the City Clerk's office in the City Hall, in Dubuque, Iowa, receive bids for the furnishing of all labor, tools, materials and equipment necessary to construct a New Garage on Lots 9 and 10 in Industrial Subdivision No. 2, which said bids were taken under advisement by the City Coun• cil. Whereas, the base bid of the Willy Construction Co, of Dubuque, Iowa 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, is the lowest and best bid submitted by any responsible bidder. Now Therefore Be It Resolved by the. City Cattncil of the City of Dubuque, Iowa, that the 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, in the amount of Fifty-nine thousand, nine hundred seventy-five and no cents $59,975.00 be awarded to the Willy Construc- tion Co. Provided however, that this con- tract shall not be effective until the Willy Construction Co. shall have been notified in writing by the City Manager of such award, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on November 6th, 1950. Councilman Russo moved that the resolution be approved and placed on file for public inspection for at least one week before its final adoption. Seconded by Mayor Welu. Carried by the fol)owing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Froofs of publication, certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to is- sue bonds far the improving of the following streets; (1) Shiras Street from the south property line of Rhomberg Avenue to the north property line of Gar- field Avenue. (2) Garfield Avenue from the west property line of Shiras Street to the east prpperty line of Stanton Street. (3) Stanton Street from the north property line of Garfield Avenue to the south property line of Rhom- berg Avenue, presented and read, Councilman Russo moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Ci4y of Dubuque, Iowa Schedule ofi Assessments FESOLUTIOhJ ~0, 336.50 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improvement of Shiras Street from the south prop- erty line of Rhomberg Avenue to the north, property line of Garfield Avenue, also for the improvement of Garfield Avenue from the west property line of Shiras Street to the east property line of Stanton Street, also for the improvement Regular Session, November 6th, 1950 of Stanton Street from the north property line of Garfield Avenue to the south property line of Rhom- berg Avenue, by I{-M Construction Co., contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set op- posite each lot or parcel of real estate, as follows: Owner Assessment Millie F. Klauer, Lot 203, Hamm's Add .....................$ 20.38 Earl Luthe, Lot 204, Hamm's Add . .................................... 43.67 Ed. J. & Katherine Krepfle, Lot 205, Hatum's Add....... 80.06 Mettel Realty 6C Inv. Co., Lot 206, Hantm's Add....... 211.OS Eagle Point Development Co., Lot 207, Hamm's Add. 776.88 Eagle Point Development Co., Lot 208, Hamm's Add . ......................................1667.37 Theresa Witter, NE 38 ft. Lot 209, Hamm's Add..,.... 195.37 Carl C. & Esther Witter, SW 12 ft., Lot 209, Hamm's Add ....................... 29.99 Carl C. & Esther Witter, Lot 210, Hamm's Add....... 80.06 Carl C. & Esther Witter, Lot 211, Hamm's Add ............... 43.67 Theresa Witter, Lot 212, Hamm's Add ....................... 20.38 Theresa Witter, Lot 213, Ilamm's Add ..................... 4.24 Cecilia Fetschele, Lot 299, I3amm's Add ..................... 8.39 Josephine Raeber, Lot 300 Hamm's Add ..................... 20.38 Angella S. & Eleanor Grel- los, Lot 301 Hamm's Add. 43,67 Josephine Streausline, Lot 302, Hamm's Add ............... 80.06 Herman Pautz, Lot 303, Hamm's Add ....................... 235.41 G. H. &Sybilla Schilling, NW'/z, Lot 304, Hamm's Add . .................................... 105.52 Geo. M. Voltz, SEr1z Lot 304, Hamtn's Add ....................... 105.52 Fred J. & Irene I. Lay, NE 40 ft. Lot 305, Hamm's Add .....................:................. 59.68 Geo. H. &Sybilla Schilling, NW'/z SW 10 ft. Lat 305, Hamm's Add ....................... 10.19 Geo. M. & Maude L. Voltz, SE r/z SW 10 ft. Lot 305, Hamm's Add ....................... Frank Loible et al, Lot 306, Hamm's Add.. , ........ . Drew M. & Lorraine An- thony, Lot 307, Hamm's Add ....................................... S75 10.19 43.67 20.38 $3,916.19 1434,5 Lin. Ft. Concrete Curb & Gutter a $2.25 ..$3,227.62 166.3 Lin. Ft. Radius Curb & Gutter a? 2.35 .............. 390.80 16.15 Sq. Yds. Driveway Concrete ~~ 5.00 .............. 80.75 $3,699.17 Extra Exp, a 5% ................ 184.96 6% Interest for 52 days .... 32.06 $3,916.19 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 6th day of November, 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 by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue bonds in the amount of $3,916.19 to provide for the cost of the improvement of the following named streets: (1) Shiras Street from the south property line of Rhomberg Avenue to the north property line of Gar- field Avenue. (2) Garfield Avenue fi~om the west property line of Shiras Street to the east property line of Stanton Street. (3) Stanton Street from the north property line of Garfield Avenue to the south property line of Rhom- berg Avenue, presented and read. z ;3 ~.. ~, ~' :~;, ,~ f •~' I I •x f' _, i' is I4 f, f 576 Regular Session, November 6th, 1950 Councilman Kolb moved that the proofs of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Res®Ectaen Providing for the Is• nuance of Rubiic Iobar~rov:ment bonds.) City of Drsbuque, 9srva R~SOLt95°IDhI RaD, 33&~50 ~FJhereas, the contract heretofoa•e entered into by the City of Du- buque for the improvement of Shiras Street, Garfield Avenue and Stanton Street hereinafter describ- ed, has been completed and said improvement has been accepetd by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $3,916.19 And Whereas, public notice as provided by lava, has been publish- ed by the City Clerk stating the in- tention of tie City Council to issue bonds to pay the cost of said im- provement and a public hearing has been hold pursuant thereto, and all objections filed thereto lave been .considered and deter- mined: Now, Therefore, Be It Resolved by the City Council of the City of Dubuge that to provide for the cost of improving the following streets: (1) Shiras Street from the south property line of Rhomberg Avenue to the north property line of Gar- 4ield Avenue. (2) Garfield Avenue from the west property line of Shiras Street to the> east property line of Stanton Street. (3) Stanton Street from ~ the north property line of Garfield Avenue to the south property line of Rhom- berg Avenue there be issued Improvement bonds to the amount of $3,916.19. Said bonds shall be issued under the pro- visions of Chapter 396 of the date of the 6th day of December, 1950, shall be in denominations of $300.00, except that there shall be one bond to the amount of $16.19. They shall be numbered from 4538 to 4551 inclusive and shall be divided into ten series, of which the bond numbered 4538 shall constitute the first series and shall be payable the first day of April, A.D. 1951, the bond num~ tiered 4539 shall constitute the second series and shall be payable the first day of April, A.D. 1952, the bond numbered 4540 shall con- stitute the third series and shall be payable the first day of April, A.D. 1953, the fond numbered 4541 shall constitute the fourth series and shall be payable the first day of April, A. P. 1954, the bond num- bered 4542 shall constitute the fifth series and stall be payable the first day of April, A.D. 1955, the bond numbered 4543 shall consti- tute the sixth series and shall be payable the first day of April, A.D. 1956, tie bond numbered 4544 shall constitute the seventh series and shall be payable the first day of April, A.D. 195'7, the bonds numbered 4545 and 4546 shall con- stitute the eighth serios and shall be payable the first day of April, A.D. 1958, the bands numbered 4547 and 4548 shall constitute the ninth series and shall be payable the first day of April, AA. 1959, tie bonds numbere 1 4549, 4550 and 4551 shall constitute the tenth series and stall 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 tie special assessment levied for said improvement. Both principal and interest shall be payable at the office of City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No ................................... Series TQo ....................... City sf Dubuque Issiprover~e~at 13~rrd The City of Dubuque in the State of Iotiva promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, A. D. 195....; or any time before that date at the option of the City, the sum of .......................... hundred dollars, with interest thereon at tie Regular Session, l~ovember bth, 1950 577 rate of five per cent, per annum, payable on the presentation and surrender of-the interest coupons hereto attached; bath 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 Chapter 396 of the Code of Iowa, 1950, and in accordance with a resolution of the City Council of said City, duly passed on the 8th day of November, 1950. This bond is one of a series of 14 bonds, 13 for $300.00 numbered from 4538 to 4550 inclusive, and one for $16.19 numbered 4551, all of like tenor and date, and issued for the pur- pose of the improving cf the fol- lowing streets: (1) Shiras Street from the loath property line of Rhomberg Avenue to the north property line of Gar- field Avenue. (2) Garfield Avenue from the west property lire of Shiras Street to the east property line of Stanton Street. (3) Stanton Street from the north property line of Garfield Avenue to tie south property line of Rho.n- borg Avenue and described in said resolution; which cast is assessable to and levied along said improve- ment, and is made by law a lien on all abutting or adjacent prop- erty, and payable in ten annual in- stallments, with interest on all de• ferred payments at the rate of five per cent, per annum, and this laond 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 required to be done pre- cedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and pay- ment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby 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 6th day December, 1950, and has authorized the use of thel• fac-simile signature to the interest coupons hereto attached. Mayor City Clerk Countersigned (Seal) (~®rm ®f C®cpors) Ot~ the ...,.... day of ...................... A. D. 195,....., the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of ............................................ Dollars, at the office of the City Treasurer in the City of Dubuque, being.......... months interest due that day on its .. , ......... Bond No....... , dated ................................... 195.,..... ............................... ....... Mayor City Clerk Countersigned Be It Further Resolved, that the Mayer and City Clerk be and they ale 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 bands in a book to be kept by him for that puropose, and to then de- liver them to the City Treasurer who will also-register them in a book to be kept by him for that pln•pose. Be It Farther Resolved, that the City Treasurer be and he is hereby instructed to sell said bonds in the mamrer provided by law, the pro- ceeds of said sale to be kept in a special fund to bo known as Tm- provement Fund. Be it Further Resolved, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and counter- signed with the fac-simile signature of the City Clerk. Be It Further resolved, that as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. _ R" =F i ~.:,4 i. r ~. 578 Regtaar Session, November 6th, 1950 Adopted this 6th day of Novem- ber, 1950. Approved: CLARENCE P. WELTI, 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 Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. State of Iowa ~ SS County of Dubuque) I, Claude McDonald, do hereby certify that on the 16th day of October, 1950, I posted copies of the attached Notice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line of improvement for the improving of Shiras Street, Gar- field Avenue and Stanton Street. Signed: Claude McDonald Subscribed and sworn to before me, A Notary Public, this 16th day of October, 1950, JOHAI 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. Seconded by Councilman Kolb. Carried by the following vote, Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, Proof of publication, certified to by the publishers, of notice of pub- lic hearing on the question of whether or not public convenience and necessity will be served by the establishment of municipally awned or operated parking lots or other off-street parking areas for the parking of vehicles, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. Petition of Mr, and Mrs. E. J. Goodman and others, home otivners on the west side of Iowa Street, from 9th to 10th Streets entering a protest to the contemplated con- demnation of the property on the east side of the 900 block on Iowa Street, for a public parking lot, on the ground that such parking lot would greatly depreciate the value of their property and would be detrimental to the safety and wel- fare of their families, presented and read, Mrs. L. P. Millin addressed the Council objecting to the acquiring of her property on the east side of Iowa Street for parking lot pur- poses and requested Council to re- consider the condemnation of prop- erty in the remainder of the 900 block on Iowa Street for parking lot purposes. Mr, E. J. Goodman and Mr. Al Begley addressed the Council in support of thou petition and re- quested Council to reconsider con- demning the property on the east side of Iovra Street in the 900 block for parking lot purposes. Mr. Dick Henschel, Mrs. Fried- lein and Thelma King, owners of property on the east side of Iowa Street in the 900 block addressed the Council stating that they have no objections to selling their prop- erty for parking lot purposes pro- viding that the offer to purchase is comparable to present day prices. Councilman Russo moved that action be deferred on the petition and objections until the date of the hearing to be set on this question, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. RESOLtJTIDN N0. 337.50 Whereas, on November 6, 1950 a public hearing was had by the City Council of the City of Dubuque on the question whether public con- venience and necessity will be served by the establishment of municipally owned or operated parking lots or outer off street parking areas for the parking of vehicles; and, Whereas, notice of said hearing Regular Session, November 6th, 1950 579 was published in the Telegraph- Herald once on the 13th day of October, 1950; and, Whereas at said hearing any per- son affected by the establishment of such parking lots or off-street parking facilities and all citizens of the City of Dubuque were given an opportunity to be heard on said question; Novr Therefore Be It Resolved by the City Council of the City of Dubuque: That the City Council of the City of Dubuque has determined that public convenience and necessity .will be served by the establishment of municipally owned or operated parking lots or other off street parking areas for the parking of vehicles and that the City exercise its authority to purchase, lease or otherwise acquire and to im- prove, maintain or operate such facilities. Passed, adopted and approved this 6th day of November, 1950, CLARENCE P. WELU, Mayor ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen Attest: J. J. SHEA, City Cleric Mayor Welu moved the adoption of the resolution. Seconded by Councilman Russo, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. RESOLUTION N0. 338.50 ~F~hereas it has been determined by the City Council of the City of Dubuque that it is in the best inter- ests of the public that City Lots 204, 205, 206,`207 and 208 in the Town, now City of Dubuque, Dubuque County, Iowa, be acquired, by condemnation or otherwise, and improved, main- tained and operated by the City of Dubuque as municipally owned parking lots or off-street parking facilitias, all in accordance with Chapter 390 of the 1950 Code of Iovra; and Whereas, under the provisions of said Chapter a public hearing is required to determine whether public convenience and necessity will be served by the establishment of such facilities at such location and that notice of such hearing be published once at least two weeks prior to the date set for such hearing; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: 1. That a public hearing be had to determine whether or not public convenience and necessity will be served by the establishment of a municipally owned parking lot or off-street parking facilities on City Lots 204, 205, 206, 207 and 208 in the Town, now City of Dubuque, Dubuque County, Iowa and by the acquisition, by con- demnation or otherwise, of all of such property not now owned by the City of Dubuque and by the improvement of the above describ- ed property to maintain and op- erate such facilities the cost of such acquisition and improvement to be paid from funds now on hand in the Parking Lot Fund of the City of Dubuque; - 2, That such hearing be bald at the City Council Chambers in the City Hall in the City of Dubuque, Iowa, at 7:30 P.M. on the 4th day of December, 1950; 3. That the City Clerk be and he is hereby authorized and direct- ed to cause to be published in The Telegraph Herald, a newspaper of general cirettlation in the City of Dubuque, Iowa, notice of such hearing, the same to be published so as to leave at least two weeks between the day of such publica- tion and the day fixed for said hearing, Said notice shall contain, among other, the provision that any such person affected by the establishment of said parking lot or off-street parking facilities and all citizens shall have an oppor- tunity to be heard. Passed, adopted and approved this 6th day of November, 1950. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEid V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J, SHEA, City Clerk 580 Regular Session, November 6th, 1950 Councilman Kolb moved the adoption of the resolution. Second- ed by Cotmcilman Schueller. Car- ried by the fallowing vote: Yeas-Mayor Welu, .Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of pub- lic hearing on the question of changing from a "Multiple Family District" to "Light htdustrial Dis- trict" the area embraced within the following lots, to-volt: Lots 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 and 258 all in Glen- dale Addition No. 3 ,presented and read. Councilman Kolb rnoved that the proof of publication be received and filed. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. OROl1~:4f4C~ !q®. 44.50 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 certain property hereinafter described from "1VIultiple Residence Classi- fication" to "T.ight Industrial Clas- sification," presented and read. Councilman Austin moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Russo. Carried by the fallowing vote: Yeas-Mayor Welu, Councihnan Austin, Ko1_b, Russo, Schueller. Nays-None. Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cllman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Koib, P~usso, Schueller. Nays-None. Councilman Austin moved that the ordinance be placed on file with the City Clerk for public nt- spection for at least one week be- fore its final adoption. Seconded by Cotmcilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Com;nmticatiott of Francis W. Brown, Chief Examiner, Civil Aeronautics Board, Washington, D. C. in tho matter cf the North Central Route Investigation Case Bocket No. 4603 and advising that the prehearing conference assigned to be held November 7 is hereby postponed to November 15, 1950, presented and read. Councilman Austin moved that the communication be received and filed. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, I{olb, Russo, Schueller. Nays-None, Ccmmunication of the National Institute of Municipal Law Officers, Washington, D. C. extending in- vitation to the City Solicitor to attend the Annual Conference to be held in New Orleans, Louisiana, on November 27, 28 and 29, 1950, presented and read. Councilman Kolb moved that City Solicitor Nelson be authorized to attend the Annual Conference, the expenses to be borne by the City of Dubuque. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. October 31, 1950 To the Honorable Mayor, City Council, and City Manager Dnbugtie City Hall Dubuque, Iowa Gentlemen: Attached please find audited copy of fuel calculations based on cost of materials as of September 30, 1950, in compliance with provisions of Ordinance No, 10-49, Respectfully submitted, Yours truly, The Key City Gas Company Richard V, McKay Secretary-Manager Councilman Russo moved that the communication be received and made a matter of record and the audited copy placed on file, Sec- onded by Councihnan Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None, Regular Session, November 6th, 1950 581 Communication of Frank Specht submitting a bid of $100.00 for a piece of city owned property on the left side of Valley Street, starting at the end of the National Guard '' lot to the end of Bockes lots, pre- sented and read. Councihnan Austin moved that the petitioners be notified that the City property in question is not for sale. Seconded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, Petition of Horror V, Butt, Jr., and others requesting the City Council to withdraw their previous decision concerning the erection of one street light to be located on Wilson Avenue between West Fifth Street and Eighth Avenue, presented and read. Councihnan Kolb moved that the request be granted. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, Petition of Mrs. Art Kleih and others requesting the installation of street lights on Strauss, Balke and Brunswick Streets, presented and read. Councilman Kolb moved that the potion 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 Austin, Kolb, Russo, Schueller. Nays-None. Fetition of Mrs. Rosemary Hird requesting a refund in tha amount of $50,C0 on the unexpired portion of her Cigarette Permit No. 276, as she has discontinued business on October 19, 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 $50.00 in favor of Mrs, Rosemary Hird to cover the amount of refund granted on the unexpired portion of her Cigarette Permit No, 276, Seconded by Mayor Welu. Carried by the following vote; Yeas-Mayor We1u, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, Petition of The Great Atlantic & Pacific Tea Co., C. J, May, Store Manager, requesting that parking on 11th Street between Iowa and White Streets be limited to one hour and also that parking meters be installed on Central Avenue,-be- ±ween 10th and 12th Streets, pre- sented and read, Councilman Russo moved that the petition be referred to the Chief of Police for investigation, recommendation and report. Sec- onded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None, Petition of Roshek Brothers Company requesting permission to install a neon sign beneath the marquee on the west side of their building and submitting a sketch of the same, presented and read. Councilman Russo moved that the request be granted and proper proceedings ordered prepared, Sec- onded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None, Petition of O'Connor, Thomas & O'Connor, by E, Marshall. Thomas, on behalf of Fay Thomas Steger re- questing Council approval of the attached plat covering Block 1, Steger Heights in Dubuque Town- ship, Dubuque County, Iowa, pre- sented and read. Mayor Welu moved that the peti- tion and plat be referred to the Planning and Zoning Commission for recommendation and report. ,Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Crescent Realty Cor- poration requesting Council to take such steps as may be suitable and necessary to provide for the instal- lation of an 8 inch sanitary sewer from their property across and under Soutlt Main Street to the 12 foot strip between the concrete curb and the street line on the west side of the street thence l 4 yrt t E ':. ~_ ~y ~.. ` i" ' , 582 Regular Session, ~(ovelnber 6th, 1950 southerly to connect with the com- bination sanitary and storm sewer in Railroad Avenue, presented and read. Councihnan Russo moved that the request bo granted and the proper proceedings ordered pre- pared. Seconded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Cotmcilmen Austin, Z;olb, Russo, Scllueller. Mays-None. Petition of George Theodai'e re- questing Council to grant him an access to his property from Booth Street, presented and read. Councihnan Russo moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Sohueller. Carried by the following veto: Yeas-Mayor Welu, Catlncihnen Austin, Kolb, P~tasSO, Sohueller. Nays-None, Petition of Robert 7. Boyer and others requesting the extension of the Light Industrial area on the southeasterly side of Southern Avenue, vrestward to include Lot 1 of Lct 1 of Lot 1 and Lot 1 of Lot 1 of Lot 1 of Lot 2, both in O'Connor's Subdivision, together with the driveway to tl'ie west on the southerly part of Lot 1 of Lot 1 of Lot 1 of Lot 3 in O'Ccnnor's Subdivision, presented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port, Seconded by Councihnan Sohueller. Carried by the following vote: Yeas-Mayor Welu, Councilmenr Austin, Kolb, Russo, Sohueller. Nays-Nona. Petition of Peter Il. McCarthy submittiirg the following objeotions to the proposed site for the con- str'uction of the new city stadium on Fourth Street Extension on the present site of the ball park: First, because of the groat danger cross- ing the tracks, especially to the children; Second, because this pro- posed site should b definitely re- served for r'ndustFial sites; Third, beetuise the srte is not close to a bus route, presentocl and road, Tvlayor Welu moved that the peti- tion be placed on file for considera- tion at rho time sot for the hearing upon the question of the construc- tion of a new stadium. Seconded by Councilman Kolb. Carried by rile following vote: Yeas-Mayor 'Nelu, Councilmen Austin, Kolb, Russo, Sohueller. Nays-Tdane. Petition of Loriel L. Parker and others requesting that Catherine Street from 1~th Street to West 16th Streit be surfaced and that West 16th Street from Catherine Street to the top of the hill, run- ning west, be widened to its 60 feet width, moved to its proper location and graded and surfaced so that it will not wash, pl°esented and read. Councihnan Austin moved that the petition be referred to the Council to view the grounds. Se~- onded by Councilman Sohueller. Carried by the following vote: Yeas-P/Iayor VVehi, Councilmen Austin, Kolb, Russo. Sohueller. iQays-None. Proof of publication, certified to by the publishers of a statement of receipts and also a list of clahns for which warrants wei°e drawn, during the month of September, 1950, presented and read. Councih man Kolb moved that the proof of publication be received and filed. Seconded by P1layor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None, ®~~lt~A~CE ~®. ~~•3~ An Ordinance amending and changing tl:e zoning map of the City of Dubuque as provided by Ordinance No. 3-34„ designated "Zoning Ordinance of the City of !)ubuque," so as to change the r zomn cla sifrc~ s utlon o~ h f t e ollow- g ins described area from its present class>flcation to Local Business District Classification, tawit: Be- ginning at the canter lines of the intersection of East Twentieth Street and Vashington Street; thence easterly along the center line of East Twentieth Street to the intersection of the center line of P~aor?byrg Avenue; thence easterly along the comer line of Rhomberg. Avenue to '_ne intersection of the center lino of Kniest Street; thence northQ~ly along the center line of Regular Session, November 6th, 1950 S83 Kniest Street to the intersection of the center lire of East Twenty- second Stret; thence westerly along the center lire of East Twenty- second Street to the intersection of the center line of Washington Street; thence southerly along thr, center lino of Washington Street to the intersection of the center line of East Twentieth Streets, which is the paint of begining, said ordinance having been passed upon fh~st reading on October 19th, 1950, and ordered placed on file with the City Clerk for public inspectial for at least one week befm~e its final adoption, was presented for final adoption. ORDINANCE N0. 43.50 An Ordinance amending and chang~- iug the zoning map oY the City of Dubuque as provided by Qrdinance No. 3-34, designated "Zoning Ordi- nance of the City of Dubuque," so as to change the zoning classifica- tion of the following describer] area from its Present classification to Lo- cal Business llishiet Classification, to-wit, Beginning at the center lines of the intersection oY East Twentieth Sheet and Washington Street; thence easterly along the center line of Last Tv/entieth Street to the intersection of the center line of Rhomberg Ave- nue; thence easterly along the ceuter line of Rhomberg Avenue to the in- tersection of the center line of Tiniest Street; thence northerly along the renter line of Kniest Street to the intersection of the center tine of East Twenty-second Street thence westerly along the center line of East Twenty-second Street to the intereertion of the ceuter line of Washington Street; thence southerly along the center Line of ZVashington Street to the intersection oP the cen- ter line of East Twentieth Street, whtch is the Point of beginning. Whereas it is deemed advisable by the City Council to amend the 'Coning map of the City of Dubuque so as to change the present zoning classifi- cation of the above defined territory in Che City of Dubuque; and Whereas notice of such proposed change has been published as pro- vided by law and an oPPOrtnnity af- forded to any and all interested par- ties and citizen, to object thereto at a pnbhc meetinr, held at 7.30 o'clock p m. on the i9th day of Octo- ber, 195Q in the Council Chamber in the City Hall; and Whereas no objections boas been filed or made to the proposed ohsn;e, Now Therefore, Be It Ordained by the City Council of the City of Du- huque: Section I. That the Zoning map and Zoning Ordinance of the City oP Dubuque be and the same is hereby amended and changed as follows: The area described as follows: Be inning at a point at the intersee- tion of the center lines of Rhomberg Avenue and Kniest Strest, thence northwesterly alone the center line of Kniest Street to a point one hundred and thirty-two (132) Peet southeasterly of the center line of East Twenty-second Street; thence southwesterly and. parallel to the center line oP East Twenty-second Street to the center line of Ehn Sheet; thence southerly along the center line of EIm Street to the cen- ter line of Rhomberg Avenue; thence northwesterly along the center line of Rhomberg Avenue to the center line of Kniest Street, which is the point of bee nnfng, is hereby changed frmn its present Heavy Industrial District Classification to Locat Busi- ness District Classification, Section II. The area described as Yollows: Beginning at the intersection of the center lines oP Washington Street and East Twentieth Street, thence easterly to the center line oP EIm Street; thence northerly along the center line of Elm Street to a h,oint one hundred and thirty-two (132) Peek southerly from the center Ilne of Fast Twenty-second Street; thence westerly almig a line parallel to the center Line of East Twenty- seeoud Sheet to the intersection oP the center line of Ivashhigtmr Street; thence southerly along the center line of Washington Street to the cen- ter line of East Twentieth Sheet, which is the point oP beginning, is hereby changed hum its present Light Industrial District Classification to Roca] Business District Classification. Section III. 'Ctru area described as Yollows: Beginning at the intersec- tion of the center lines of East Twenty-second Street and Washing~- to^ Street thence souther]. along the neuter line of Washington Street :me hundred and thirty-two (r32) Peet; thence easterly along a lice parallel to the center line of East Twenty- second Street to the center line oP Elm F.treet thence northeasterly along a line parallel to the center line of East Twenty-second Street, to the center Tina of Tiniest Street; thence north- tve terry along the center lice of Kniest Street to the center line of East Twenty-second Street; thence westerly along the ceuter line of East 'twenty-second Street to the center line of Washington Street, which is the. point of beginning, is changed from its present Business Dishict Classification to Local Business Dis- trict Classification. Suction Iv. The intent and mean- ing of this Ordinance shah be to change the following described area: Betimiing at the ceuter lines oP the intersection oY East Twentieth Street and 1-~'ashingto^ Street; thence east- orly along the center IIne of East Tli~entieth Street to the intersection of the center line of Rhomberg Ave- nue; thence easterly along the cen- ter Ln of Rhomberg Aven r e t e to the intersection of the~certe~ h r r ne of [invest Street; thence northerly along the center line of Kniest Street to the intersectim~ of the center hoe of East Trve~nty-second Street; thence west- erly along the center Ime of East Twenty-second Street to the intersec- tion of the center line of Washington Strest; thence southerly along the center line of Washington Street to the intersection of the center line of gist Twentieth Street, ehtch is the point of beginning to Local Btsiness District Classification. Section v. This Ordinance shall be in force and effeot ten (]0) days I from and after its final passage, adoption and publication as provided by Law. Passed upon first reading this 19th daY oP October, 1950. Passed, adopted and approved upon ~, i ' ~. ~' s tt' ti t' i; s la :~ 9' ~ ; -; 584 Regular Session, November 6th, 1950 final readin; this 6th day of Novem- ber, 1950. Clarence P. tvelu ntaroR Romola N. Russo Ray Kolb Ruben t7. Austin Leo N. Schueller Attest: J. J, Shea City Cleric. Published officially in the Tele- graph-Herald newspaper this 10th day of November, 19fi0. J. J. Shea. City Clerk It \ov. 10 Mayor Welu moved the adoption of the ordinance, Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Ccuncil- men Austin, Kolb, Russo, Sehuel- ler. Nays-None. ORDI4dAfVC~ N0.45.50 An Ordinance prohibiting park- ing of vehicles on streets upon which snow removal equipment is operating; authorizing the City Street Commissioner to designate such streets and to 1°emove vehicles parked in violation hereof; declar- ing such vehicles a nuisance; and providing a penalty for violation thereof, presented and read. Coun- cilman Austin moved that the read- ing just had be considered the first. reading of the ordinance• Seconded by Councilman Kalb. Car- vied by the following vote: Yeas --~ TVIayor Welu, Council- men Austin, Kalb, Russo, Schuel- ler. Nays-None. Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman I{olb. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays-None. Councilman Austin moved that the ordinance be placed on file with the City Clerk far public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None• ORDINA~CB N9. 46.50 An Ordinance for the vacation of the Alley lying between Wash- ington and Elm Streets from Twenty-sixth Street to Twenty- seventh Street, all in the City of Dubuque, Iowa, and providing for the conveyance thereof to Klauer Manufacturing Company, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the ordinance. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. Councilman Schueller moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None• Councilman Schueller moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, CounciI- men Austin, Kolb, Russo, Schuel• ter. Nays-None. October 30, 1950 To the Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentleman: In connection with the settle- ment of the case of Maty Ken- neally against the City of Dubuque, the City has as a part of the stipu- lation of settlement agreed to pay the Court costs incidental to said action. It is therefore recom- mended that the City Auditor be authorized to draw a warrant in favor of Val Kies, Clerk, in the sutn of $7.45 in payment of costs. Respectfully submitted, By R. M. Czizek, Maym• Welu moved that the re- commendation of Assistant City Regular Session, November 6th, 1950 S85 Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $7.45 in favor of Val Kies, Clerk of the District Court, as settlement of the coutt costs in the case of Mary I{enneally. Seconded by Council- man Kolb. Carried by the fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. November 3, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to the attached petition of Paul F. Hellmann and others resuesting the rezoning of Schueler's Sub. (in 1600 block on Asbury StJ from Local Business to Business Classification, the Planning & Zoning Commission unanimously concludes that sug- gested rezoning would be highly objectionable, would depreciate land values in the adjacent area, and would constitute unsound zoning and illogical planning for the future, Therefore, the Planning & Zoning Commission respectfully recommends denial of the petition by your Honorable body. Yours truly, Dubuque Planning & Zoning Commission By ................. Secretary R. V. McKay Councilman Schueller moved that the communication of the Planning and Zoning Commission be referred to the Council to view the grounds and the City Manager instructed to communicate with the Planning and Zoning Commission with refer- ence to a further study and report to be made by the Planning and Zoning Commission with reference to the petition. Seconded by Coun- cilman Kolb, Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. November 2, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the con- struction of a 70' x 22' I-Beam Bridge spanning Catfish Creek at Fremont Avenue, under contract with the A, Olson Construction Co., Waterloo, Iowa, has been com- pleted in accordance with the plans and specifications. I, therefore recommend the ac• ceptance of this work, Respectfially submitted, A, A, Rhomberg, City Manager. Councilman Russo moved that the recommendation of City Mana• ger Rhomberg be approved. Sec- onded by Councilman I{olb. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays-None. (A Resolution Accepting Im~ prov4tnent.) City of Dubuque, Iowa RSSOLlJTIOfq Iq®• 334.50 WHEREAS, the contract for the construction of a 70' x 22' I-Beam bridge spanning Catfish Creek at Fremont Avenue has been com- pleted and the City Manager has examined the arork 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 th@ contractor from the consolidated (bridge) fund an amount equal to the amount of his contract, less any retained percentage provided for therein. ~, ~: ~. t k "~ - ~ ~. ; ,..~ ~, ~ "~ i ,~~ `' t^ ~~ I r 586 Regular S~ssi~n, T~ovemb~r 6th, 1950 Passed, adopted and approved this 6th day of November, 1950. Anprevetl: CLARENCE P', WELU Mayor ROMOLO N. RUSSO RAY KOLB PvUBEN V. AUSTII~T LEO N.SCHUELLER Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Ka1_b, Russo, Schuel- ler. Nays-None. November 3, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise. that the im- provement of G.•ean Street from the west prcpei•tj Bne of Asbury Street to the east property line of the alley at the corporation line with concrete curb and gutter under contract with the Thos. Flynn Coal Company has been completed in accordance vaitl? the plans and specifications. I, therefore, recommend the ac- ceptance of this work. Respectfully aubmitted, A. A, Rhomberg, City Manager. CouiiciLman Russo moved that the recommendation of City Mana- ger Rho;berg be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. (A Resolution l~ccepting lm~ provement as~d ®irccting the Clerk to Rubiish td~tice,) City ®f ®ubi;que, towuaa R~SAA UTi~N N0, 340.54 WHEREAS, the contract for the improvement of Green Street from the west property line of Asbury Street to the east property line of the alley at the Corporation Line has been completed and the City Manager has examined the work and filed his certificate stating that the same i;as been completed accordhlg to the terms of the con- tract, plans and specifications and recommends its acceptance, noiv 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 assess- ment for said improvement and file the same in the office of the City Clerk subject to public inspection a.nd said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law, BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of 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 6th day of November, 1950, Approved: CLARENCE P, WELD Mayor ROMOLO N. RUSSO RAY KOLB RUBEN U. AUSTIN 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 fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None, Regular Session, November 6th, 1950 587 November 3, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that the im- provement of the following streets: 1) Soloil Street firo;n the east property line of Alpine Street to the west property line of the alley first east of Lois Street, 2) Lois Street from the sautty property line of Solon Street to the north property line of Rieder Street, 3) Reeder Street from tA,e easy property line of Alpine SLieet to a point 180' east, with concrete curb and gattei• under contract with K. W. Giber, 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. Councilman Kolb moved that the recommendation of City Manager Rhomberg be approved. Seconded by Mayor Welu. Carried by ti;e fol- lowing vote: Yeas -Mayer Welu, CouncIl- men Austin, Kolb, Russo, Schuel~ ler, Nays-None. (A Res®iu4i®n Aceeptirr~ lrnpro~ae~ went and ~iroctisig floe Clark t~ Rubiish ss"~tc~~ficz,) City ®f DubuLL~ue, lavaa RESOLUTItJtd Pv®. 341-SO WHEREAS, the contract for the improvement of the fallowing streets: 1. Solon Street firom the east; property line of Alpine Street toy the west property line of the aLey first east of Lois Street. Z, Lois Street from the south property line of Solon Street tal the north property lint of Reeder Street. 3. Reeder Street from the east. propel°ty line of All;ir;;~ Street to a point 180 feet east. Has been completed anti t're City Manager has exaravned the work anti filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifi- cations and recommends its ac- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque,. tl'tat the reco.nnrendation of tha City Manages be approved and that said improvement be and the same is hereby accepted and the CitS^ 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 i;itprovement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FUI'~THER RESOLVED, that the City Treasurer be and he is he~•eby t'iirected 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 contract, less any retained percentage pro- vided far therein. Passed, adopted and approved this 6th day of November, 1950. Approved: CLARENCE P. WELU Mayon ROMCLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO 11'. SCIi~1TELLER Councilmen Attest: J, J. SHEA, City Clerk. Cou;icilinan Russo moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the fallowing vote: Yeas -Mayor Weiu, Coun~l- men Austin, Kolb, Russo, Schuel- ler. Allays-None. November ~, 1950 To the Ilonoral;le Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that the im- prove;nent of Mullin Road from the south property line of Asbury Road i `jj ~! J,, s, ; '' 588 R~ebular Session, November 6th, 1950 to the north property line of Hill- crest Road with concrete curb and gutter under contract with Thos. Flynn Coal Company has been cotn- pleted 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 Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Attstin, Kalb, Russo, Schuel- ler. Nays-None, (A Resolution Accepting and Di• recting the Clerk to Publish No• tics.) City of Dvbugoe, lovua RESOLUT!®f~9 N®. 342.50 WHEREAS, the contract for the improvement of Mullin Road from the south property line of Asbury Road to the north property line of Hillcrest Road has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi• cations and recamtnends its ac- ceptance, 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 carne is hereby accepted and the City Engineer be and he is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon recipe of such plat and schedule publish) the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHEPd 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 contract less any retained percent- age provided for therein, Passed, adopted and approved this 6th day of November, 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. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Schuel- ler. ATays-None. November 3, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that the im• provement of Hazel Street from the east property line of St, Am- brose Street to the west property line of Avoca Street Extended with concrete curb and gutter under contract with K, W. Gaber, Galena, Illinois has been completed in ac- cordance with the plans and speci- fications. I, therefore, recommend the ac- ceptance of the work, Respectfully submitted, . .................. A, A, Rhomberg, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays-None, (A Resolution Accepting Improve= went and Directing the Clerk to 0Jblish Notice.) City of Dubuque, Iowa RESOLUTION N0.343.50 WHEREAS, the contract for the.: Regular Session, November 6th, 1950 589 improvement of Hazel Street from the east property line of St. Am- brose Street to the west property line of Avoca Street extended had been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment far said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intett- tion to levy special assessments therefor, as required by law, BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of 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 6th- day of November, 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 that the adoption of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Schuel• ler. Nays-None, October 30, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Genelemen: At the meeting of October 19t1t the petition of Wilfred Noel and others requesting investigation of street lighting on Rush Street near Quinn Street, the petition of Mrs. Larson requesting installation of a street light at Atlantic and Fill- more Streets, and the petition of Bethany Home for the Aged re- questing adequate lighting at the rear of 1005 Lincoln Avenue were referred to the City Manager and Electrical Inspector for investiga- tion and report. The several locations referred to have been examined and we recommend that the petitions be granted as follows: 1. Installation of a street light at Rush and Union Streets. 2. Moving the present light at Rush and Quinn Streets to Rush' and Quince Streets. 3. Installation of a street light at Atlantic and Fillmore Streets. 4. Installation of a street light at Schiller and High Bluff Streets, Respectfully submitted, ................ A. A, Rhomberg, City Manager, Luvern C, Norton, Electrical Inspector, Councilman Austin moved that the recommendation of City Mana- ger Rhomberg and Electrical In- spector Norton be approved, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. RESOLUTION N0. 344.50 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law re- lating to the sale of cigarettes and cigarette papers within the City of Dubuque, be granted a permit to sell cigarettes and cigarette pap- ers within said City and the Mana- ger is directed to issue such per• mit on behalf of said City. ~; ~; ~. ~; r s i ` 590 Regular Session, November 6th, 1950 Harold L. Steinhoff, 241 Main Street. Gerald C, Schemer, 2995 Central Avenue. BE IT FURTHER RESOLVED that the bonds filed with the ap- plicaticns be approved. Passed, adopted and approved this 6th day of November, 1950, CLARENCE P. WELD Mayor ROMOLO N. RUSSO R.AY KOLB RUBEN V. AUSTIN LEO N.SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kalb moved the adoption of the resolution. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None, RESOLUTION N0. 345.50 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the following applications be granted' and the licenses are to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT Harald L. Steinhoff, 241 Main Street. Herbert Meyer and Mildred Meyer, 735 Central Avenue. Mrs. Eleanor Glynn, 1563 Cen- tral Avenue. Arthur F. Herber and Theresa Herber, 2319 Prince Street. Ray Nicks, 521 East 22nd Street. Alfred E. Hedley,, 509 Eighth Avenue, Gerald C, Schemer, 2995 Central' Avenue. John Beecher and Gerald Aven- arius, 2399 White Street. John Glynn, 659 Central Avenue. Eldon Reiter and Harold Har- vey, 53 West 12th Street, CLASS "B" PERMIT FOR PRIVATE CLUB American Veterans of World 4~Tar II, 429 Main Street. The Victory Club, 326 Mairi Street. Union League Club, 336 Main Street. The Hiawatha Club, 576 Central Avenue, North Eud Choral Club, 2774- 2776 Jackson Street. CLASS "C" PERMIT Mrs. Agnes Zahina, 2649 Wind- sor Avenue. Frank J. Pusateri, 1296 Central Avenue. Passed, adopted and approved. this 6th day of November, 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 the adcption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None, RESOLUTION N0. 346,50 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper band: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit, CLASS "B" PERMIT Harold L. Steinhoff, 241 Main Street, Herbert Meyer and Mildred Meyer, 735 Central Avenue. Mrs, Eleanor Glynn, 1563 Cen- tral Avenue. Regular Session, November 6th, 1950. 591 Arthur F. Herber and Theresa Herber, 2319 Prince Street, Ray Nicks, 521 East 22nd Street. Alfred E. Hedley, 509 Eighth Avenue. Gerald C, Schemer, 2995 Central Avenue. Jahn Beecher and Gerald Aven- arius, 2399 White Stret. Jol-in Glynn, 659 Central Avenue. Eldon Reiter and Harold Harvey, 53 West 12th Street, CLASS "B" PERov91T FOR PRIVATE CLUB Arerican Veterans of World War II, 429 Main Street. The Victory Club, 326 Main Street. Union League Club, 336 Main Street. The Hiawatha Club, 576 Central Avenue. North End Choral Club, 2774- 2776 Jackson Street. GLASS "C" PERMIT Mrs. Agnes Zahina, 2649 Windsor Avenue, Frank J. Pusateri, 1296 Central Avenue. BE IT FURTHER RESOLVED that the bands filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 6th day of November, 1950, CLARENCE P. WELU Mayor ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attost: J, J. SHEA, City Clerk, Councilman Kolb moved tl:e adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. RESOLUTION N0. 347.5Q Resolution to fix a date for the initiation of proeeedin~as for the issuance of $lOt4,09t1 l~Jater Reve• nue Bonds, of the City of 9ubuque, Iowa.. WHEREAS, the City of Dubuque, in the County of Dubuque, State of Iowa, did heretofm•e in the year 1900, pursuant to an election there- tofore held, establish a municipal waterworks system in and for said City which has continuously sup• plied water and water service to said City and its inhabitants since the establishment thereof; and WHEREAS, said municipal waterworks is under the manage- ment and control of the City Coun- cil of said City and there are no bands, certficates or other obliga- tions of said City now outstanding which are payable from or con- stitute alien upon the net revenues of said utility; and WHEREAS, it is necessary and desirable that improvements and extensions to said municipal water- works system be constructed, and to pay the cost thereof, to the amount of $100,000 it is necessary that said City issue its revenue bends payable from and secured by the net earnings of said munici- pal ~vaterworks system; and WHEREAS, before proceedings for the issuance of such bonds are initiated it is necessary to fix a date of meeting of this Council at which it is proposed to take such' action and to give notice thereof as required by Chapter 23 of the Code of Iowa; NOW, THEREFORE, Be It Re- solved by the City Council, of the City of Dubuque, Iowa, as follows: Section 1. That this Council meet on the 4th day of December, 1950, at the City Hall, Dubuque, Iowa, at 7:30 o'clock P,11I., at which time and place proceedings will be iu- stituted and action taken for the issuance of Water Revenue Bonds of said City in the principal amount. of $100,000, for the pur- pose of paying the cost to that amount, of constructing improve- ments and extension to the munici- pal waterworks system of said City, Section 2. That the City Clerk is hereby directed to give notice of the proposed action for the is- suance of said bonds, setting forth ~' ~: z x t? ~. `1 i 592 Regular Session, November 6th, 1950 the amount and purpose thereof., the time when and the place where said meeting will be held, by publication at least once not less than ten (10) days before said meeting, in The Telegraph-Herald, a newspaper published in Dubuque, Iowa, and of general circulation therein. Said notice shall be in substantially the following form: NOTICE OF MEETING FOR ISSU- ANCE OF WATER REVENUE BONDS The City Council, of the City of Dubuque, Iowa, will meet on the 4th day of December, 1950, at the City Hall, Dubuque, Iowa, at 7:30 P.M,, at which time and place pro- ceedings will be instituted and action taken for the issuance of Water Revenue Bonds of said City, in the principal amount of $100,- 000,for the purpose of paying the cost, to that amount, of construct- ing improvements and extensions to the municipal waterworks sys- tem of said City. These bonds, when issued, will not constitute general obligations of said City nor will they be payable in any manner by taxation, but said bonds, together with any additional bonds as may be hereafter issued and outstanding from time to time on a parity therewith, will be payable solely and only from the net earnings of the municipal waterworks system of said City, At any time before the date of said meeting five or more taxpay- ers may file a petition in the office of the City Clek, setting forth their objections thereto. By order of the City Council, this 0th day of Novomber, 1950. J, J. SHEA, City Clerk. Section 3, That all orders or resolutions, or parts of orders or resolutions in conflict herewith be and the same are hereby repealed, Bastion 4. That this meeting be and the same is hereby adjourned to meet again at the time and place hereinbefore fixed for further consideration of the matters here- in set forth, Passed and approved November 6th, 1950. 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, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays-None. RESOLUTION N0. 346.50 Resolution directing the adver• tisement and sale of $100,000 Water Revenue Bonds. WHEREAS, pursuant to proper proceedings the City of Dubuque, Dubuquo County, Iowa, did here- tofore receive bids and award con- tracts for the construction of im- provements and extensions to the municipal waterworks system of said City; and WHEREAS, said City contem- plates the issuance of $100,000` Water Revenue Bonds for the pur- pose of paying the cost, to that amount of constructing said im- provements and extensions and it is necessary and for the best in- terests of said City that said bonds be offered for sale at this time; NOW, THEREFORE, Be IT Re- solved bq the City Council, of the City of Dubuque, Iowa, as follows: Section 1. That Water Revenue Bonds of said City in the amount of $100,000, be offered for sale pursuant to advertisement, said bonds to be numbered from 1 to 100, inclusive, in the denomination. of $1000 each, to be dated Decem- ber 1, 1950, with interest payable semiannually, and to mature in numerical order $30,000 on De- cember 1, 1952, and $35,000 on December l of each of the years 1953 and 1954, bonds numbered 31 to 100, inclusive, being optional for redemption prior to maturity in inverse numerical order on Regular Session, November 6th, 1950 593 Decembor 1, 1952, or on any inter- est payment date thereafter, Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of the sale of said bands for two or more successive weeks and on the same day of each week in the Telegraph- Herald, anewspaper published and of general circulation in Dubuque County, Iowa, such notice to state that bids will be received and acted upon by this Council at a meeting to be held at 7:30 o'clock P.M., on December 4th, 1950, and such notice to be in substantially the following form: NOTICE OF SALE OF BON®S Sealed bids will be received by the City-Clerk of the City of Du- buque, Iowa, .until 7:30 o'clock P.M., December 4th, 195D, for $100,000 Water Revenue Bonds of the City of Dubuque, Iowa at which time they will be referred to the City Council of said City at its meeting to be then held at the City Hall in said City and after the receipt of open bids the bonds will be sold to the highest bidder for cash. Said bonds will be dated December 1, 1950, bear interest payable semiannually, and mature in installments of $30,000 on De- cember 1, 1952, and $35,000 on December 1 of each of the years 1953 and 1954, but the right is reserved to the City to call and redeem the bonds maturing in the years 1953 and 1954, prior to ma- turity, in inverse numerical order, on December 1, 1952, or on any interest payment date thereafter, These bonds, when issued, will not constitute general obligations of said City nor will they be pay- able in any manner by taxation, but said bonds, together with any additional bonds as may be here- after issued and outstanding from time to time on a parity therewith, will be payable solely and only from the net earnings of the muni- cipal waterworks system of said City. Ali bids shall specify the rate of interest, and, all other things, being equal, the bid of pay and accused interest or better specify- ing the lowest interest rate will be given preference, The City will furnish the approv ing opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, Illi- nois, the purchaser to furnish the printed bonds, and all bids may be so conditioned. Bidders must furn- ish certified check for two per cent (2%) of the amount of bonds bid for, as guarantee of good faith, this amount to be forfeited by the successful bidder should he fail to take up and pay for the bonds when ready. The right is reserved to reject any or all bids. By order of the City Council of the City of Dubuque, Iowa, this 6th day of November, 1950. J. J, SHEA, City Clerk, Section 3. That the City Clerk is further authorized to prepare such circulars for further adver- tisement as may be deemed ad- visable, in order to afford due publicity to the sale of said bands. Section 4. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved November 6th, 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 by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays-None, RESOLUTION N0. 349.60 Resolution and Appiieatian for Approval of the Permanent Trans - fer of Funds. WHEREAS, there is now in the hands of the treasurer the sum of $43,344.32, credited to the Fire Equipment fund, and WHEREAS, there is now in the hands of the treasurer the sum of $138,889.02; credited to the Con- solidated fund, and a s ' ; 594 Regular Session, November 6th, 1950 WIIEREAS, it is desired to transfer $3,600.00 from the Fire Equipment Fund to the Consoli- dated Fund, for the following reasons; It is necessary to increase the salaries of policemen for the re- maining five months of the fiscal year in the total amount of $3; 600.00, The provisions of Section 24,14 of the Code of Iowa will be observed since the Budget Esti- mate included the Police Depart- ment appropriation and the Fire Equipment Fund under the pur- pose of Protection of Life and Property, and WHEREAS, said transfer is to be permanent in accordance with section 24.22, code of 1946, and WHEREAS, there is sufficient money in the Fire Equipment fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have bee?? complied with, NOW THEREFORE, Be it re- solved by the City Counoil of Du- buque of Dubuque County, Iowa, subject to the approval of the' State Comptroller, that said sum_ of $3,600.00, be and the same is hereby transferred fiom the Fire Equipment fund to the Consoli- datedfund, and the Auditor (Secre- tarial officer) is directed to cor- rect his books accordingly and to notify the treasurer of this trans- fer, accompanying the notification with a copy of this resolution and the record of its adoption, The vote was as follows: Ayes:- CLARENCE P. WELD Mayor ROMOLO N. RUSSO RAY KOLB RUBEN V, AUSTIN LEO N, SCHUELLER Councilmen Nays-None. CLARENCE P. WELD, _ Presiding Officer. J, J. SHEA, Secretarial Officer. I hereby certify the above to be a true and correct copy of resolu- tion passed by the City Council on the 6th day of November, A.D,, 1950. J, J. Shea, Secretarial Officer Councilman Kolb moved the adoption of the resolution, Sec- onded by Councilman Schueller, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays-None, R~50ULT!®Fd hSO. 350.50 Resolu?ion and Application #or Aptaraval of the Permanent Trans• #er a# Ponds. WHEREAS, there is now in the hands of the treasurer the sum of $43,344.32, credited to the Fire Equipment fund. and WHEREAS, there is now in the hands of the treasurer the sum of $54,989.86, credited to the Fire Dept. Baintenance fund, and WHEREAS, it is desired to trans- fer $11,858.00 from the Fire Equip- ment Fund to the Fine Dept. Maintenance Fund, for the follow- ing reasons: It is necessary to provide for an increase of salaries of firemen for the remaining five months of the fiscal year in the total amount of $4,650.00 and to eliminate the necessity of a transfer of $7,208,00 from the Liquor Sales Fund to the Fire Department Maintenance Fund as had been contemplated. The Liquor Sales Fund is mare urgently needed to provide for emergencies since an emergency fund levy was not made for the currnt fiscal year. The provisions of Section 24.14 of the Code of Iowa will be observed since both funds are included in the Budget Estimate far the pur- pose of Protection of Life and Property, and WHEREAS, said transfer is to be permanent in accordance with sec• tion 2422 code of 1946, and WHEREAS, there is sufficient money in the Fire Equipment fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of Du- buque of Dubuque County, Iowa, subject to the approval of the State Comptroller, that said sum of $11,858.00, be and the same is hereby transferred from the Fire Regular Session, November 6th, 1950 - 595 Equipment fund to the Fire De- partment P1Iaintenance fund, and the Auditor (Secretarial officer) is directed to correct his books ae- cordingly and to notify the treas- urer of this transfer, accompany- ing the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Ayes: CLARENCE P. WELD Mayor ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen. Nays-None, CLARENCE P. WELU Presiding Officer. J. J. SHEA, Secretarial Officer. I hereby certify the above to be true and correct copy of resolu- tion passed by the City Council on the 6th day of November, A.D., 1950. J. J. SHEA, Secretaril Officer. Councilman Schueller moved thz adoption of the resolution, Sec- onded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays-None, RES®LUTiON N®. 351.50 WHEREAS, since June 1950, the United States has been engaged in a police action in the Republic of Korea; and, PdHEREAS, due to said police action and the international ten- sion resulting therefrom the United States has under-taken an expan- sion of its military might which has brought in its wake an un- precendented increase in living costs to the employees of the Ciiy of Dubuque; and, ~JHEREAS, this unprecedented increase in the cost of living of the employees of the City of Dubuque was not and could not have been anticipated at the time of the adop- tion of the 1950.51 Budget of the City of Dubuque; and, WHEREAS, said cost of living increase has caused an emergency requiring a rearrangement of the appropriations of the Consolidated Fund and the approval thereof by the State Comptroller; and WHEREAS, there is now ap• propriatpd and unexpended the sum cf $13,042.00 for Capital Im• provements from the Consolidated Fund: and, WHEREAS, it is deemed neces- sary and expedient to transfer $7,500.00 of such unexpended ap- propriation to the several salary and waltz accounts of the Consoli- dated Fund Grouping, the intent and purpose of such transfer of appropriations being to make avail- able $7,500.00 more for salaries and wages and $7,500,00 less for' capital improvements, all within the Consolidated Fund, thus fully meeting t'r~e requirements of Sec- tions 24.14 and 404.12 of the Cide of Iowa; NOW THEREFORE, Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that, subject to the approval of the State Comptroller, there be and there is Hereby transferred $7,- 500.0"v of the appropriation of $13,042.00 heretofore made for Capital Improvements from the Consolidated Fund to the several salary and wage accounts of the Consolidated Fund Grouping .and upon the adoption of an ordinance amending the apprcpriatian ordi- nai?ee, known as Ordinance 5-50, that the Auditor be directed to ad- just his accounts accordingly and to notify the Treasurer of such Transfer of appropriations, accomp- anying the notification with a copy of this resolution and the record of its adoption. Passed, adopted and approved this 6th day of November, 1950. 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. Sec- onded by Mayor Weha. Carried by the fallowing vote: Yeas - Is4ayor Welu, Council- ~' 596 Regular Session, November 6th, 1950 men Austin, Kolb, Russo, Schuel- ler, Nays-None, Mayor Welu moved that subject to the approval of the three pre- vious resolutions, namely, Resolu- tion No. 349.50, Resolution No. 350-50 and Resolution No. 351.50, by the State Comptroller that said proposed raises in salaries and wages as outlined in the detailed distribution of expenditures pro• posed for the fiscal year beginning April 1, 1951 be made effective November 1, 1950 for the remain- ing five months of the current fiscal year. Seconded by Council- man Russo, Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. Mayor Welu moved that the Chief of Police be instruced to submit a report and recommenda- tion on the advisability of establish- ing atruck route in the lower end of the City and also on the proper method of enforcing the regula- tions prohibiting truck travel off the State Highway. Seconded by Councilman Kolb, Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russa,~ Schuel- 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. J. J. Shea, City Clerk, Approved ................ 1951 Adopted ................. 1951 Councilmen { ...................................... Attest :................. . .... . City Clerk. Special Session, November 22nd, 1950 597 ® ~i~l'i~1~~~;® (OFFICIAL) Special Session, November 22nd, 1950. Council met at 4:00 P.M. Present-Mayor Welu, Council- men Austin, Kolb, Russo, City Manager Rhomberg. Absent-Councilman Schueller. Meeting called by order of Councilmen Russo and Kolb, Mayor Welu read the call and stated that service thereof had been duly made and that this meet- ing is called far the purpose of considering for final adoption Resolution No. 334-50, a resolution awarding the contract for the can- struction of a new garage on Lois 9 and 10 in Industrial Subdivision No. 2 and acting on any other business as may properly come before a regular meeting of the City Council. RESOLUTION N0. 334.50 BE IT RESOLVED by the City Council, of the City of Dubuque, Iowa WHEREAS, the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an ad• vertisement for bids on the furn- ishing of all labor, tools, materials and equipment necessary to con• strnct a New Garage on Lots 9 and 10 in Industrial Subdivision No. 2, heretofore advertised on the 5th' and 12th days of October, 1950, did on the 6th day of November 1950 at 7:30 o'clock P.M. at the' City Clerk's office in the City Hall, in Dubuque, Iowa, receive bids far the frrnishing of all labor, tools, materials .and equipment necessary to construct a New Garage on Lots 9 and 10 in Industrial Subdivision No. 2, which said bids were taken under advisement by the City Coun. cll. WHEREAS, the base bid of the Willy Construction Co, of Du- buque, Iowa for the furnishing of all labor, tools, materials and equipment necessary to construct a Ne~v Garage on Lots 9 and 10 in industrial Subdivision No, 2, is the lowest and best bid submitted by any responsible bidder. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the contract for the furnishing of all labor, tools, materials and equipment necessary to construct a New Garage on Lots 9 and 10 in Industrial Subdivision No, 2, in the amount of Fifty-nine Thousand Nine Hundred Seventy- five Dollars and no cents ($59,- 975.00) be awarded. to the Willy Construction Co. PROVIDED however, that this contract shall not be effective until the Willy Construction Co. shall have been notified in writing by the City Manager of such award. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on November 6th, 1950. Passed and adopted this 22nd day of November, 1950. CLARENCE P. WELU Mayor ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN Councilmen Attest: J. J, SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Se~- onded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Nays-None. Absent-Councilman Schueller. RESOLUTION N0. 349.50 Resolution and Application for Approval of the Permanent Trans• fer of Funds. WHEREAS, there is now in the hands of the treasurer, the sum of $43,344.32, credited to the Fire Equipment fund, and WHEREAS, there is now in the Bands of the treasurer the sum of $138,889.62, credited to the Con- solidated fund, and WHEREAS, it is desired to trans- fer $3,600.00 from the Fire Equip- ment Fund to the Consolidated Fund, for the following reasons: ~'! i ~. 598 Special Session, November 22nd, 1950 It is necessary to increase the salaries of policemen for the rz- maining five months of the fiscal year in the total amount of $3,- 600.00. The provisions of Section 24.14 of the Cade of Iowa will be observed since the Budget's Esti- mate included the Police Depart- ment appropriation and the Fire Equipment Fund under the pur- pose of Protection of Life and Property, and WHEREAS, said transfer is td be permanent in accordance with section 2422, code of 1946, and WHEREAS, there is sufficient money in the Fire Equipment fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, Be it re- solved by the City Council of Du- buque of Dubuque County, Iowa, subject to the approval of the State Comptroller; that said sum of $3,600.00, be and the same is hereby transferred from the Fire Equipment fund to the Consoli- dated fund, and thz Auditor (Sec- retarial officer) is directed to cor- rect his books accordingly and to notify the treasurer of this trans- fer, accompanying the notification with a copy of this resolution and the record of its adoption. The` vote thereon was as follows: Ayes; CLARENCE P, WELU ', Mayor ', ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Nays-None, CLARENCE P, WELD, Presiding officer. J. J, SHEA, Secretarial officer. I hereby certify the above to be true and correct copy of resolution passed by the City Council on the 6th day of November, A,D., 1950, J, J, Shea, Secretarial officer. APPROVAL .The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved, November 8, 1950, R, N. Johnson, State Comptroller, Councilman Russo moved that the approval of State Comptroller Johnson be received and made a matter of record. Seconded by Mayor Welu. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo. Nays-None, Absent-Councilman Schueller. RESOLUTION N0. 350.50. Resolution and Application for !Approval of the Permanent Trans• ter of Funds. WHEREAS, there is now in the hands of the treasurer the sum of $43,344.32, credited to the Fire Equipment fund, and WHEREAS, there is now in the hands of the treasurer the sum of $54,989.86, credited to the Fire Dept. Maintenance fund, and WHEREAS, it is desired to trans- fer $11,858.00 from the Fire Equip• meet Fund to the Fire Dept. Maintenance Fund, for the follow- ing reasons: It is necessary to provide far an increase of salaries of firemen for the remaining five months of the fiscal year in the total amount of $4,650.00 and to eliminate the necessity of a transfer of $7,208.00 from the Liquor Sales Fund to the Fire Department Maintenance Fund as had been contemplated. The Liquor Sales Fund is more urgently needed to provide for emergencies since an emergency fund levy was not made for the current fiscal year, The provisions of Section 24.14 of the Code of Iowa will be observed since bath fends are included in the Budget Estimate for the purpose of Pro• Section of Life and Property, and WHEREAS, said transfer is to be permanent in accordance with section 24.22 code of 1946, and WHEREAS, there is sufficient money in the .Fire Equipment fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, Special Session, November 22nd, 1950 599 NOW THEREFORE, be it re- solved by the City Council of Du- buque of Dubuque County, Iowa, subject to the approval of the State Comptroller, that said smn of $11,858.00, be and the same is hereby transferred from the Fire Equipment -fund to the Fire De- partment Maintenance fund, and the Auditor (Secretarial officer) is directed to correct his books accordingly and to notify the trzas- urer of this transfer, accompanying the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Ayes:- CLARENCE P, WELU Mayor ROMOLO N. RUSSO RAY KOLB RUBEDl V. AUSTIN LEO N.SCHUELLER Councilmen. Nays-None, CLARENCE P. WELU, Presiding Officer. J. J. SHEA, Secretarial Officer. I hereby certify the above to be a true and correct copy of resolu- tion passed by the City Council on the 6th day of November, A,D., 1950. J. J. SHEA, Secretarial Officer, APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved, November 8, 1950. R. N, Johnson, State Comptroller. Councilman Russo moved that the approval of State Comptroller Johnson be received and made a matter of record. Seconded by Mayor Welu. Carried by the follow- ing vote: Yeas -Mayor Weh~, Council- men Austin, Kolb, Russo. Nays-None, Absent-Councilman Schueller. RESOLUTION N0. 351.50 WHEREAS, since June 1950, the United States has been engaged in a police action in the Republic of Korea; and, WHEREAS, due to said policE action and the international ten- >ion resulting therefirom the United States has undertaken an °xpansion of its military might which has brought in its wake an unprecedented increase in living. costs to the employees of the City of Dubuque; and, WHEREAS, this unprecedented increase in the cast of living of the employees of the City of Dubuque was not and could not have been anticipated at the time of the adoption of the 1950-51 Budget of the City of Dubuque; and, WHEREAS, said cost of living increase has caused an emergency requiring a rearrangement of the appropriations of the Consolidated Fund and the approval thereof by the State Comptroller; and WHEREAS, there is now ap- propriated and unexpended the sum of $13,042,00 for Capital Im• provements from the Consolidated Fund; and, WHEREAS, it is deemed neces- sary and expedient to transfer $7,500.00 of such unexpended ap- propriation to the several salary and wage accounts of the Con- solidated Fund Grouping, the intent and purpose of such transfer of appropriations being to make available $7,500.00 more for sala- ries and wages and $7,500.00 less for capital improvements, all with- in the Consolidated Fund, thus fully meeting the requirements of Sections 24.14 and 404,12 of the Code of Iowa; NOW THEREFORE, Be It Resolved by the City Coun- cil of Dubuque, Iowa, that, subject to thz approval of the State Comp- troller, there be and there is here• by transferred $7,500.00 of the ap- propriation of $13,042.00 hereto• -fore made for Capital Improve- ments from the Consolidated Fund to the several salary and wage ac- counts of the Consolidated Fund Grouping and upon the adoption of an ordinance amending the ap- propriation ordinance, known as Ordinance 5.50, that the Auditor be directed to adjust his accounts accordingly and to notify the Treasurer of such transfer of ap- propriations, accompanying the notification with a copy of this ~' r~ a a y'=.` ~'~i k { 8 600 Special Session, November 22nd, 1950. resolution and the record of its adoption, Passed, adopted and approved this 6th day of November, 1950. CLARENCE P. WELU Mayor ROMOLO N, RUSSO RAY KOLB RUBEN V. AUSTIN LEO N, SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk. APPiIOVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved, November B, 1950. . R. N. Johnson, State Comptroller. Councilman Russo moved that the approval of State Comptroller Johnson be received and made a matter of record, Seconded by Mayor Welu. Carried by the follow- ing vote: Yeas - Meay Welu, Council- men Austin, Kolb, Russo. Nays-None. Absent-Councilman Schueller, ORDINANCE N0. 44.50 An Ordinance amending and changing the Zoning Map of .the City of Dubuque as provided by Or- dinance No. 3-34 designated "Zon- ing Ordinance of the City of Du- huque" so as to change certain p r o p e r t y hereinafter described from "Multiple Residence Classi- fication" to "Light Industrial Classi- fication," said ordinance having been passed upon first reading on November 6th, 1950, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption, ORDINANCE N0. 44-5D AN ORDINANCE AMENDING AND CHANGING THE ZONIATG MAP OF THE CITY OF DLiBUQIIE AS PROVIDED BY ORDINANCE N0. 3-34, DESIGNATED "ZONING OR- DINANCE OF THE CITY OF DU- BUQUE," SO AS TO CHANGE CERTAIN PROPERTY HEREIN' AFTER DESCRIBED FROM "MIIL- TIPLE RESIDENCE CLASSIFICA- TION" TO "LIGHT INDUSTRIAL CLASSIFICATION." Whereas it is deemed advisable by the City Council of the Clty of Du- buque to amend the Zoning Ordi- nance and change the Zoning Map of the City of Dubuque so as to change certain described property front "Multiple Residence Classifica- tion" to "Light Industrial Classifica- tion" as recommended by the Du- buque Planning and Zoning Cmn- mission; and Whereas notice of such proposed change has been published as pro- vided by Law and an opportunity afforded to any and all interested parties and citizens to object thereto at a public meeting held at 7:30 o'cloelc p.m., November Gth, 1950, in the Council Chamber in the City Ha11 in the City oP Dubuque; and Whereas no objections have been filed or made to the proposed change, Now Therefore, Be It Ordained by the City Council of the City oP Du- buque: Section h That the Zoning Dlap and Zoning Ordinance of the Clty oY Dubuque be and the same is hereby amended and changed as fol- lows: By changing frmn -4ultiple Residence Classification" to "Light In- dustrial Classificatim~" the following described property: Lots 247 to 258 inclusive in Glendale Addition No. 3 in the City of Dubugtte, Dubugtte County, Iowa. Section II. This Ordinance shall be in force and effect ten (10) days fi'om and after its final passage, adoption and publication as provided by Law. Passed upon first reading this Gth day of Novetnber, A.D. 1950. Passed, adopted and approved upon final reading this 22nd day of No- vember, A. D. 1960. CLARENCE P. WELU, Mayor ROllI0L0 N. RUSSO RAY KOLB RUBEN V. AUSTIN Councilmen Attest: J J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 28th day of November, 1950. J. J. SHEA, It Nov 28 City Clerlt. Mayor Welu moved the adoption of the ordinance. Seconded by Councilman Russo, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo. Nays-ATOne. Absent-Councilman Schueller. Councilman Schueller entered the Council Chamber and took his seat at 4:10 P.1t2. ORDIN,~NCE N0. 45.5fl An Drdinance prohibiting park- ing of vehicles an streets upon which snow removal equipment is opel°ating; authorizing the City Street Commissioner to designate such streets and to remove vehicles parked in violation hereof; declar- ing such vehicles a nuisance; and providing a penalty for violation thereof, said ordinance having been passed upon first reading on November 6th, 1950 and ordered placed on file with the City Clerk far public inspection for at least one week before its final adoption; was presented for final adoption. ORDINANCE N0. 45-50 AN ORDINANCE PROHIBITING. PARKING OF VEHICLES ON Special Session, I~fovember 22nd, 1950 601 STREETS UPON WHICH SNOW REMOVAL EQUIPMENT [S OP- ERATING; AUTHORIZING THE CITY STREET COMMISSIONER TO DESIGNATE SUCH STREETS AND TO REMOVE VEHICLES PARKED IN VIOLATION HERE- OF; DECLARING SUCH VEHI- CLES A NUISANCE; AND PRO- VIDING APENALTY FOR VIO- LATION THEREOF. Section I. No vehicle as defined in the Traffic Code of the City of Du- buque shall be Parked upon any street i in the City of Dubuque in such a manner as to interfere with the re- moval of snow or ice from such street. Section II. .The City Street Cotn- missioner is hereby authorized and empowered to erect signs Drohibiting parking upon any street in the City of Dubuque upon which snow removal equipment is operating and upon the erection of such signs parlcing thereon shall be prghibfted until such signs shall be removed by the Clty Street Commissioner. Section IH. luiy vehicle located or pat•lted within the limits of any street in the City of Dubuque which is sub- stantially interfering with the prompt and orderly removal or blowing of snow or ice from such streets in violation of Sections I and II hereof is hereby declared to he a nuisance and may be removed by or under the direction of the Clty Street Com- miesioner to any place for safekeep- ing. Section IV. In the event the City Street Commissioner shall remove any vehicle in accordance with Section III hereof he shall make a record thereof and shall, within twenty-four 124) hours thereafter, give written notice to the owner at his last known ad- dress, iP known; and, if the owner be unknown, on the fh~st~ business rlay following the day of such removal publish such notice at least once in a newspaper having general circula- tion in the City of Dubuque. Such notice shall include a statement of the time of removal, the place of stm'age, a description of the vehicle and the registration number, if any. Section V. The cost of removal of any vehicle removed in accordance with this Ordinance and the storage charge, if any, shall be paid by the owner of such vehicle but any such charges shall not be considered a fine, penalty or forfeiture. Section Vh Any person violating any oP the terms oP thie Ordinance shall be fined not esceeding one hundred dollars ($100) of be impris- oned in the City jail not to exceed thirty (30) days. Section VII. This Ordinance shall be in force and effect Prmn and after its final passage and adoption by the City Council and publication as pro- vided by Law. Passed upon first reading this Gth day oP November, 1950. Passed, adopted and approved this 22nd day of November, 1950. CLARENCE P. WELU Mayor ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J, J. SHEA, sCity Clerk, Published officially in The Tele- graph-Herald newspaper this 28th day of November, 1950. J. J. SHEA, It Nov, 28 City Clerk. Mayor Welu moved the adoption of the ordinance, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. ORDINANCE N0. 46.50 An Ordinance for the vacation of the alley lying between Washington and Elm Streets from Twenty-Sixth to Twenty-Seventh Street, all in the City of Dubuque, Iowa and pro- viding for the conveyance thereof to Klauer Manufacturing Company, said ordinance having been passed upon first reading on November 6th, 1950 and ordered placed on file with the City Clerk for public in- spection far at least one week be- fore its final adoption, was pre- sented for final adoption. ORDINANCE N0. 46.50 'AN ORDINANCE FOR THE VACA- TION OF THE ALLEY LYING BE- TWEEN WASHINGTON AND ELM STREETS FROM TWENTY-SIXTH STREET TO TWENTY-SEVENTH STREET, ALL IN THE CITY OF DUBUQUE, IOWA, AND PROVID- IATG FOR THE CONVEYANCE THEREOF TO KLAUER MANU- FACTURING COMPANY. Whereas a petition has been filed requesting the vacation of the alley above described; and Whereas said application was duly referred to the Planning and Zoning Commission of the City of Dubugtte; and Whereas said Planning and Zoning Commission examined into the advisa- bility oP vacating said alley and has filed a report malting its recommenda- tions thereon; and Whereas said alley above referred to is not in demand for public use at this time nor is there any indication that the same will be needed for public use in the future; Be it Ordained by the City Council of the City of Dubuque; Section I. That the alley lying be- tween Washington Street and Elm Street commencing at the north line of Twenty-sitith Street northerly to the south line of Twenty-seventh Street in the City of Dubuque, Du- buque County, Iowa, be and the same is hereby vacated. Section H. That the said vacated area be and the same is hereby granted to Klauer Manufacturing Company subject to an easement in the City of Dubuque for the utilities now in place underground in said alley. Sectimr III. That Klauer Manufac- turing Company cause a plat to be made of said vacated area showing the same, which plat shall give a distinctive lot description to said va- cated area and ttPOn the approval and filing of said plat and the conveyance to the City of Dubuque oP a right triangular plot of ground described as follows: Commencing at the southwesterly corner of Lot 258 in Glendale Addi- tion No. 3 in the City of Dubuque, Iowa, thence along the westerly prop- erty line of said Lot for a distance -_ c -._ f ~. --~ r =~`:' £+ ~' ~` 602 Special Session, November 22nd, 1950 of eighteen (18) feet, thence easterly to a point on the southerly line of said Lot eighteen (18) feet easterly of the point of beginning and thence to the point of beginning, all in the City of Dubuque, Dubuque County, Iowa, then the Mayor and Clerk of the City of Dubuque, Iowa, are hereby authorized `o execute a Qttit Claim Deed for said vacated area to I~lauer Pdanufacturing Company on behalf of the City of Dubuque, reserving an easement in City of Dubuque, Iowa, for the utilities note in place under- ground in said alley. Section IV. That the clerk be and he is hereby directed to file in the office of the Recorder of Dubuque County, Iowa, a certified copy of this Ordinance. Section V, That this Ordinance shall be in Porce and effect ten (lo) ,days from and after its final passage and adoption and publication as provided by law and when the cost thereof has been paid for by the applicant. Pawed upon first reading this fitli day of November, A.D. 1950. Pasesd, adopted and approved this 22nd day of November, A. D, 1950, CLARENCE P. WELU, Mayor. RONIOLO N. RUSSO, RAY EOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: Councilmen, J. J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 28th day of November, 1960. J. J. SHEA, 1tNov28 City Clet9c. Councilman Russo moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. ORDIhIAP~iaE h10. 47.50 An Ordinance amending Ordin- ance 33.49 being "An Ordinance regulating the use of vehicles upon the streets of the City of Dubuque, designating the provisions hereof as `The Traffic Code of the City of Dubuque,' repealing all ordin- ances or parts of ordinances in con- flict herewith; and providing a penalty for violation thereof" by repealing Section 16.6 thereof and enacting a substitute therefor and by adding a new section thereto defining public holidays, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Wehi, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Councilman Schueller moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Councilman Schueller moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-1'diayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 1Vays-None. Noveiber 20,1950 Dear Mayor;. This depzrtment wishes to thank you for your splendid support and aid in helping us remove racketeer- ing and commercial gambling from our State and its localities. Our joint efforts are to make Iowa a goad place to which to live and raise our families. The task now confronting us arises from a great volume of com- plaints on alleged illegal operation of many of the taverns, and other retail beer outlets. Because of the uniformity of the complaints, it ap- pears that our beer licensing sys- temhas generally become defective as a control measure, which was its objective rather than a revenus measure. These comlaints arise because of prior criminal convic- tions, and some because of liquor law violations while licensees. May I, therefore, call upon you and your Council to review all of your existing licenes to see that no one holds a license or operates as a licensee who is not permitted to do so under the Iowa Beer Law. Par your aid, I call your atten- tion to three very important sec- tions of the Code of Iowa as fol- lows: Section 1242, 1950 Code of Iowa, provides in part as follows; 5. `Retailer' shall mean any per- son, who shall sell, barter, ex- change, offer for sale or .have in possession with intent to sell any beer for consumption on, the prem- ises where sold. 6. The term 'good moral charac• ter' shall not be construed to in- clude the following: Any person, firm or corporation who preceding Special Session, November 22nd, 1950 603 the making of an application far any permit under the provisions of this chapter, has been found guilty of violating any of the provisions of the beer act or 'any of the in= toxicating liquor laws of the state or who has been convicted of a felony or an indictable misde• meanor. 7. `Permit' or `license' shall mean an authorization issued by the State tax commission or by the city or town council of any city or town or by the board of supervis- ors of any county. 8. `Application' shall mean a for- mal written request for the issu- ance of a permit supported by a verified statement of facts. 9. `Regulation' shall mean any reasonable rule or ordinance adopt- ed by the council or board of any city, town or county and not in conflict with the provisions of any of the statutes of the state. Subsection 2, paragraph a of Section 124.9 requires that each applicant establish that he is a per- son of g®od moral character. Section 124.30 provides as fol- lows: "MANDATORY RR140CATION, If a permit holder under the pro- visions of this chapter, is con• victed of a felony or is convicted of a sale of bear sontrary to the pYOVlSions of this chapter or is convicted of bootlegging, or evho is guilfy of the sale or dispensing of wines or spirits in violation of the law, or who shall allow the mixing or adding of alcohol to beer or any other beverage on the premises of class 'B' permittees or who shall be guilty of the violation of this chapter as amended, or of any ordinances enacted by any city or town as provided for in this chap• ter, his permit shall be revoked by the authorities issuing same, and he shall .not again be allowed to secure a permit for the distribu- tion or sale of beer nor shall he be an employee of any person en• gaged in the m~nufacfure, distri• bution or sale o{ beer." These sections of our Code as underlined are so important that unless carefully administered by local authorities, major changes may be necessary by our legislat- ure. I, therefore, call upon you to demonstrate that control at the local level is not a failure, and that should future legislatures wish to control other matters by local licenses they may do so with con fidence that it will not fail. The situation is critical, action is necessary, and I assure you we will co-operate with your Council and all local peace officers to make these laws effective. Very truly yotus, ROBERT L. LARSON, Attorney General of Iovaa. Councilman Austin moved that the communication of Attorney General Larson be received and made a matter of record and that Attartley General Larson be in- formed that the City Council re- affirms their position in upholding the law and also appreciate his efforts in the enforcement of the law. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, 1{olb, Russo, Schuel- ler. Nays-None. There being no fitrther business Councilman Kalb moved to ad- journ. Seconded by PlIayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. J. J. Shea. City Clerk. Adopted ................ 1951 Approved ............... 1951 Councilmen: { Attest . .................................................. City Clerk