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1952 January Council ProceedingsRegular Session, January 7, 1952 ~. ,< ~~ t;. s I~': ~,~r City Council (OFFICIAL) Regular Session, January 7th, 1952. Council met at 7:30 P.M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Mayor Russo stated that this is the regular monthly meeting of the City Council, also the first meeting of the fiscal year, for the purpose of acting upon such business as may properly come before the meeting. RESOLUTION N0. 1-52 A resolution providing for the appointment of a City Manager and a City Clerk of the City of Dubuque; prescribing their salaries and fixing their bonds. Be It Resolved by the City Council of the City of Bubuque that the following officers be ap- pointed, subject, however, to the right of the Council to declare such offices vacant or remove the officers therefrom at the pleasure of the Council with or .without cause, and to be paid the compen- sation provided for in the budget, and the following bonds shall be provided by such officers at the expense of the individual officer; City Manager, L. J. Schiltz, bond $5,000.00; City Clerk, J. J. Shea, bond $1,000.00. Passed, .adopted and approved this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 2-52 A resolution providing for the appointment of a City Solicitor and Assistant City Solicitor of the City of Dubuque; prescribing their salaries and fixing their bonds. Be It Resolved by the City Council of the City of Dubuque that T. H. Nelson be appointed City Solicitor and R. M. Czizek, Assist- ant City Solicitor, subject, how- ever, to the right of the council to declare such offices vacant or to remove the officers therefrom at the pleasure of the Council with or without cause, and that they be paid at the rate provided for in the budget, and that they each furnish the following bonds at their ex- pense: T. H. Nelson, bond $1,000: 00; R. M. Czizek, bond $1,000.00. Passed, adopted and approved this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F'. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELI,ER, Councilmen Attest; J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 3-52 A Resolution providing for the appointment of a Police Judge for the City of Dubuque; prescribing his salary and fixing his bond. Be It Resolved by the City Council of the City of Dubuque that the following officer be ap- pointed, subject, however, to the right of the Council to declare such office vacant or to remove the officer therefrom at the pleas• ure of the Council with or without cause, and to be paid the compen- sation provided for in the budget and the following bond shall be provided by such officer at his own expense: Police Judge, John J. Heffernan, bond $1,000.00. Passed, adopted and approved this 7th day of January, 1952. ROMOLO, N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk 2 Regular Session, January 7, 1952 Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb Schueller, Welu, Nags-None. Mayor Russo swore in the newly appointed officers, namely: City Manager L. J. Schiltz; City Clerk J. J. Shea; City Solicitor T. H. Nelson; Assistant City Solicitor R, M. Cairek; Jahn J. Heffernan Police Judge. January 6, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Aa City Manager of the City of Dubuque, I wish to advise your Honorable Body that all officers and employees whom I have the powee to appoint, and are now serving and acting in their re• apective capacities and assisting in the orderly administration of the City and of the various de- partments thereof, said officers and employees being under my supervision, direction and control and their appointments continuing at the pleasure of the Manager, shall be paid salaries in accord- dnce with the budget approved by the City Council. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the communication of City Man- ager Schiltz be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 4-51 A resolution designating the tfficial newspaper of the City of Dubuque, Be It Resolved by the City Council of the City of Dubuque that the Telegraph-Herald, a daily ne~,.,r~.r:.. of general circulation in the City of Dubuque, be and it is hereby designated and appointed the official newspaper of said City. Passed, adopted and approved this 7th day of January, 1952. ROMOLO, N. RUSSO, Mayor, CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 5-52 A resolution designating the de- positories for public funds of the City of Dubuque. Be It Resolved by the City Council of the City of Dubuque that the following banks be ap- pointed depositories of the public funds and the City Treasurer is hereby authorized to distribute such funds in such banks in amounts not to exceed the follow~ rag: First National Bank, $375,000; 00; American Trust and Savings Bank, $350,000.00; Dubuque Bank and Trust Company, $325,000.00. Be It Further Resolved that the City Treasurer be and he is hereby directed to file with the County Treasurer of Dubuque County, Iowa a list of such depositories and to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 7th day of January, 1952. ROMOLO N. RUSSO, ~ Mayor. CLARENCE P. WELU, RAY. F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution, Sec- onded by Councilman Welu. Car ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Weln. Nays-None. Proof of publication, certified to by the publishers, of notice of public hearing on Ordinance No. 63-51, An Ordinance vacating the Regular Session, January 7, 1952 3 Alley lying first north of West 32nd Street from the east line of Fink Street to Ule easterly term- inus, presented and read. No written objections filed and no objectors present in th2 Council Chamber at the time set for said public hearing. Councilman Kolb moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Russo, Councllmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 63-51 An Ordinance vacating the alley lying first north of West 32nd Street from the east line of Fink Stregt to the easterly terminus, said ordinance having been passed upon first reading on December 3rd, 1951 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 83.51 An Ordinance vacating the alley ly- ing first north of Weat 32nd Street from the east line of Fink Street to the easterlp terminus. Whereas the Planning and Zoning Commlaaion of the Ctty of Dubuque has recommended the vacation of the above alley; and WNereaa Norbert Frelburger as owner of all of the Property abutting said alley, has petitioned for Bald vacation and there appears to be no valid obJection thereto; Now Therefore Be It Ordained by tee city Gouncu oe the city or Dtt- buque, Iowa: Section 1. That the aney lying first north. of Weat 32nd Street from the east line of Fink Street to its easterly terminus be and the same H hereby vacated; Section 2. That said vacated area is hereby granted to Norbert Frel- burger as owner of the lots abutting the same; Section 3 That said petltfotter cause a plat to be made of said vacated area showing the same, which plat shall give distinctive lot descrlytlon to each parcel of said vacated area and upon the approval of said plat and the filing thereof with the County Recorder the Mayor and Clerk of the Clty of Dubuque, Iowa, are hereby authorised to ex- ecute a Qult Claim Deed for said parcel on behalf of the City of Du- buque: Section 4. That the Clerk be and he la hereby directed to file In the office of the Recorder of Dubuque County, lows,, a certified copy of this Ordinance. Sectiott 5. Th1s Ordinance shall be fn full force and e[fect from and after its final passage, adoption and yublicatlon as Dy law provided. Introduced the 3rd day of Decem- ber, 1951. Rule requiring reading on three separate daYB ausyended by unani- mous vote the 3rd day of December, 1951. Passed, adoyted and apprroved this 7th day of January, 1952. ROMOLO N. RUSSO Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. Shea, City Clerk. Published officially In The Tele- graph-Herald newspaper this 16th day of January, 1952. J. J. 3HEA, It Jan 10. City Clerk Councilman Kolb moved the adoption of the ordinance. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of public hearing on Ordinance No. li4-~I`l, an Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 so as to change the below described area from its present classification to Two Family Residence District Classification, to-wit: Lots 7 to ZO inclusive of Finleys Addition io the City of Dubuque, Iowa, including any or all subdivisions of said lots, presented and read. No written objections filed and. no objectors present in the Council Chamber at the time set for said public hearing. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller Welu. Nays-None. ORDINANCE N0. 64-51 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3--34 so as to change the below described area from its present Classification to Two Family Residence District Classification, to wit: Lots 7 to 20 inclusive of Finleys Addition in the City of Dubuque, Iowa, in- cluding any or all subdivisions of said Iots, said ordinance having been introduced on December 3rd, 1951 was presented and read: Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schuel- 4 Regular Session, January 7, 1952 ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE NO. 64.51 An Ordinance amending and chang- ing the Zoning Map of the City of Dubuque as provided by Ordi- nance No. 3-34 so as to change the below described area from its pres- ent classification to Two Family Residence District classification. Whereas the Planning and Zoning Commission has recommended to the City Ceuncfl that the following de- scribed area be changed from its present classification to Two Fam- ily District classification, to-wit: Lots 7 to 20, inclusive, of Finleys Addition in the City of Dubuque, Iowa, including any or all subdivi- sions of said lots; and Whereas notice of such proposed change has been published as pro- vided by law and an opportunity af- forded to all interested Parties and citizens to be heard thereon at a pub- lic meeting held at 7:30 o'clock p.m. on the 7th day of January, 1952, at the Council Chambers in the City Hall; 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 of Du- buque, Iowa: Section 1. That the Zoning Map and Ordinance No. 3-34, known as the Zoning Ordinance, be and [he same is hereby amended by changing the above described area from its present classification to Two Family Residence District classification. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 3rd day of Decem- ber, 1951. Rule requiring reading on three separate days suspended by unani- mous vote the 7th day of January, 1952. Passed, adopted and approved this 7th day of January, 1952. ROMOLO N. RUSSO Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIN LEO N. SCHUELLEER Councilmen Attest: J. J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 11th lay of January, 1952. T. J. SHEA, ?t San 11. City Clerk Councilman Welu moved the adoption of the ordinance. Sec• onned by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of public hearing on Ordinance No. 65-51, an Ordinance vacating the alley lying south of Lots 45, 46 and 47 iri University Place and the unnamed street running southerly from West Locust Street along the westerly side of Lots 18 and 54 in University Place and author- izing the conveyance thereof, pre- sented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Councilman Welu moved that the proofs of publica- tion be received and filed. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 651 An Ordinance vacating the alley lying south of Lots 45, 46 and 47 in University Place and the un- named street running southerly from West Locust Street along the westerly side of Lots 18 and 54 in University Place and authoriz- ing the conveyance thereof, said ordinance having been passed upon first reading on December 3rd, 1951 and ordered placed on file with the City Clerk for public in- spection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 65.51 An Ordinance vacating the alley ly- ing south of Lots 45, 46 and 44 in University Place and the unnamed street running southerly from West Locust Street along the westerly side of Lots 18 and 54 in Univer- sity Place and authorizing the con- veyance thereof. Whereas the Planning and Zoning Commission of the City of Dubuque has recommended the vacation of the above described street and alley; and Whereas the Independent School District of Dubuque, as owner of al] property abutting said street and alley has petitioned requesting said vacation and there appears to be ne valid objectio^ thereto; Now Therefore Be It Ordained by the City Council oP the City of Du- buque: Section 1. That the alley lying south aP Lots 46, 96 and 47 in Uni- versity Place and the unnamed street running southerly from West Locust Street along the westerly side of Lots 18 and 54 in University Place he and the same are hereby vacated; Section 2. That said vacated area is hereby granted to the Independent School District of Dubuque as owner of the lots abutting the same; Section 3. That said petitioner . cause a plat to be made oP sa[d va- 6.' ~; k ~ i ~F, k ~;; Regular Session, January 7, 1952 Gated area showing the same, which plat shall give distinctive lot de- scription to each parcel of said va- cated area and upon the approval of said plat and the filing thereof with the County Recorder the Mayor and Clerk of the City of Dubuque, Iowa, are herehy authroized to exe- cute a Qult Claim Deed far said par- cels cn behalf of the City of Du- buque; Section 4. 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 5. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 3rd day of Decem- ber, 1951. Rule requiring reading on three separate days suspended by unani- mous vote the 3rd day of December, 1951. Passed, adopted and approved this 7th day of January, 1952. R(~MOLO N. RUSSO Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilme^ Attest: J. J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 10th day of January, 1952. J. J. SHEA, It Jan 10. City Clerk Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of Publication, certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to issue bonds far the improvement of Tressa Street with asphaltic macadam surfacing from the west property line of McLenan Street to a point 191 feet east, amount of special assessment $135.00, pre- sentedand read. Councilman Welu moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. CITY OF DUBUGIUE, IOWA SCHEDULE OF ASSESSDfENTS RESOLUTION N0. 6-52 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the ilnproving of Tressa Street with asphaltic macadam surfacing from the west property line of McLenan Street to a point 191 feet east, City of Dubuque, Iowa, 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: Basil & Clara Bauhme, Lot 11 Mineral Lot 39 ..........;. 6.77 Basil & Clara Bauhme, Lot 12 Mineral Lot 39 .......,..,. 19.33 John C. & Cecilia Kass, Lot 13 Mineral Lot 39 .............. 19.33 Patrick J. Norton, Lot 1 of 21 Mineral Lot 39 ............ 22.16 Horace & Hilda Poole, Lot 22 Mineral Lot 39 ,.........., 28.29 Horace & Hilda Poole, Lot 23 Mineral Lot 39 ..,..,...... 27,94 Horace & Hilda Poole, Lot 24 Mineral Lot 39 ........,... 5.05 Horace & Hilda Poole, Lot 2 of 21 Mineral Lot 39.... 6,13 $135.00 15.70 Tons (1) one inch sur- face stone ~ $2.00 ........,. $31.40 600.00 Gals. of iv1C. 3 As- phalt @ 0.15 .................... 90.00 6.00 Tons of Torpedo Sand ~ 1.46 ................................ 8.76 $130.16 3% Extra Expense .,..,....... 3.90 5% Int. for 52 days ,....... 0.94 $135.00 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds in the Regular Session, January 7, 1952 amount of $135,00 to provide for the payment of the assessed cost of improving Tressa Street with as- phaltic macadam surfacing from the west property line of McLenan Street to a point 191 feet east; pre- sented and read. Councilman Kolb moved that the proofs of publication be re• ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 1-52 Resolution providing for the LS- suance of Improvement bonds for the purpose of providing for the payment of the assessed cost of asphaltic macadam surfacing on Tressa Street. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the asphaltic macadam surfacing hereinafter des- cribed has been completed and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $135.00 Dollars of the cost thereof small be as- sessed against the property sub• ject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections made thereto have been considered and determined; Now Therefore Be It Resolved by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of im- proving Tressa Street from the west property line of McLenan Street to a point 191 feet east there shall be issued Improvement bonds in the amount of $135.00 Dollars io anticipation of the deferred pay- ment of assessments levied for such improvement. 2. Such bonds shall be called Improvement bonds; and shall bear the date of February 6, 1952; and shall be cumbered consecutively; and they shall be numbered, di- vided into series,. and be in such denominations and for such ma- turity dates as are shown in the 'following table: 1. 4981-$ 35.00, April 1, 1953 2. 4982--$100.W, April 1, 1954 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto.at- tached; 9. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No ..................................................... Series No ......................................... CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, on the first day of ......................... or at any time before that date, at the option of the City of Dubuque, the sum of One Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and in- terest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa.'This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Resolution of said City duly passed on the 7th day of January, 1952, being Resolution No .................. This Bond is one of a series of 2 bonds, 1 for $35.00 numbered 4981, and one for $106.00 numbered 4982 all of like tenor and date, and issued for the purpose of im- proving Tressa Street from the west property line of McLenan Street to a point 191 feet east as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of Regular Session, January 7, 1952 7 the Special Assessment Fund No. 1031 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in regu• lar and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby ir- revocably pledged. In Testimony Whereof the City of ~' Dubuque by its Council has caused this bond to be signed by its Mayor ~; and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 6th day of February, 1952. ,i Mayor City Clerk. (Seal) (Form of Coupon) On the ............ day of ................... ~:. the City of Dubuque, Iowa, prom- ises to pay to bearer, as pro- - vided in said bond, the sum of ............... Dollars, in fhe office of the City Treasurer in the City of Dubuque, being ................ months' interest due that date on its ............ Bond No ................. dated .,...........,. Mayor 4' City Clerk. ' ~: 6. That the Mayor and City ¢~ Clerk be and they are hereby in- strutted to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and be is hereby in- struct~l to register said bond in a book kept fot that purpose and to then deliver them to the City Treasurer. or 7. That the City Treasurer is ` hereby instructed to sell said bonds I k, in the manner provided by law, of said sale to be the proceeds placed in a special fund to be v known as Special Assessment Fund No. 1031 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- s tacked to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsi- mile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. State of Iowa SS. County of Dubuque I, Claude McDonald, do hereby certify that on the 8th day of De- cember, 1951, I posted copies of the notice of levy of special assess- ment and intention of the City Council to issue bonds along the line of improvement to provide for the cost of improving Tressa Street with asphaltic macadam surfacing from the west property line of McLenan Street to a point 191 feet east. Signed: Claude McDonald. Subscribed and sworn to before me, A Notary Public this 8th day of December, 1951. John J. Shea, Notary Public in and for Dubuque, County, Iowa. (Seal) Councilman Austin moved that the statement be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and intention of the City Council to issue bonds for the improvement of Groveland Place with asphaltic macadam sur- Regular Session, January 7, 1952 facing-from the west property line of Sheridan Street to the east prop- erty line of Burden Street, amount of special assessment $1,698.90, presented and read. Councilman Schueller moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION N0. 8-52 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improving of Grove- land Place with asphaltic macadam surfacing from the west property line of Sheridan Street to the east property line of Burden Street, City of Dubuque, Iowa, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Anthony H. Knopp, Lot 90 Burden & Lowther Add ...... 19.86 Geo, & Josephine Duschl. Lot 91 Burden & Lowther Add ........................................ 61.86 Geo. & Josephine Duschl. Lot 92 Burden & Lowther Add ........................................ 158.78 Leslie & Elsie Reynolds, Lot 93 Burden & Lowther Add 71.78 Leslie & Elsie Reynolds, Lot 94 Burden & Lowther Add 106.75 Leslie & Elsie Reynolds, Lot 95 Burden & Lowther Add 20.53 Bessie May Walton, Lot 103 Burden & Lowther Add .... 74.86 John L. & Leona Meyer, Lot 104 Burden & Lowther Add 66.98 Chas. G. Finer, Lot 105 Bur- den & Lowther Add .....,...... 75.91 Leo P. & Mathilda Manahl, Lot 106, Burden & Lowther Add ....................................... 98.80 Leo P. & Mathilda Manahl, Lot 107, Burden & Lowther Add ........................................ 9428 Raymond T. & Helen Bran- del, Lot 108 Burden & Low- ther Add ................................ 94.28 Francis J. Brandel, Lot 109 Burden & Lowther Add .... 94.28 Harold & Bernice Splinter, Lot 110 Burden & Lowther Add ........................................ 94.28 Paul J. & Clotilda Zimmer- man, Lot 111 Burden & Lowther Add ........................ 94.28 Mabel Thompson, Lot 112, Burden & Lowther Add .... 94,27 William Oakley, Lot 113 Bur- den & Lowther Add .......... 94.26 Frank & Rose Schueller, Lot 114, Burden & Lowther Add' ' 94.26 Frank & Rose Schueller, Lot 115 Burden & Lowther Add 94.26 Franklin & Alice Peterson, Lot 116, Burden & Lowther Add ........................................ 94.25 $1698.90 622.67 Tons of (1) one inch surface stone @ $2.00 ....$1245.34 2500.00 Gals of MC. 3 As- phalt @ 0.15 ........................ 375.00 12.05 Tons of Torpedo Sand @ 1.46 .................................. 17.59 $1637.93 3% Extra Expense .............. 49.14 5% Int. for 52 days .............. ll.83 $1698.90 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J, J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of the intention of the city Council to issue improvement bonds in the amount of $1,698.90 to provide for the payment of the assessed cost of improving Groveland Place with asphaltic macadam surfacing from i. _, ~r . w'fi' r; ,; ?'; F., ti ~r, ! ~> .,~,: ~~ '~ ",: a~' ~~~t f !'~' ~p; 't ~, Regular Session, January 7, 1952 9 the west property line of Sheridan Street to the east property line of Burden Street, presented and read. Councilman Kolb moved that the proofs of publications be re• ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 9-52 Resolution providing for the is- suance of Improvement bonds for the purpose of providing for the payment of the assessed cost of Asphaltic macadam surfacing on Groveland Place. Whereas the contract heretofore ^ntered into by the City of Du- buque, Iowa, for the asphaltic nacadam surfacing hereinafter described has been completed and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $1,698.90 Dol• Lars of the cost thereof shall be assessed against the property sub- ject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City. Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections made thereto have been considered and determined; Now Therefore Be It Resolved by the City Council of the City of Dubuque: 1, That to provide for the pay- ment of the assessed cost of im- proving Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street there shall be is- sued Improvement bonds in the amount of $1,698.90 Dollars in an- ticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called Improvement bonds; and shall bear the date of February 6, 1952; and shall be numbered consecutively; and they shall be numbered, di- vided into series, and be in such denominations and for such ma- turity dates as are shown in the following table: 1. 4949, 4950, 4951, 4952, 4953, 4954, 4955, 4956, 4957 and 4958- $100.00, April 1, 1953 2. 4959, 4960, 4961, 4962, 4963, 4964 X100.00, April 1, 1954 2. 4965-$ 98.90, April 1, 1954 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at• tacked; 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in substant• Tally the following form: No ..................................................... Series No ......................................... CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, on the first day of ................. or at any time before that date, at the option of the City of Dubuque, the sum of One Hun- dred dollars with interest thereon at the rate of 5 per cent per an- num, payable semi-annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa, This bond is issued by the City of" Du- buque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 7th day of January, 1952, being Resolution No ...................... This Bond is one of a series of 17 bonds, 16 for $100.00 numbered from 4948 to 4964 inclusive, and one for $98.90 numbered 4965, all of like tenor and date, and issued for the purpose of improving Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street as described in said Resolu• tion, io said City, which cost is payable by the abutting and ad- 10 Regular Session, January 7, 1952 jacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the special Assessment Fund No. 1029 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, pre- cedent to and in issuing this series of bonds have been done happened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Testimony Whereof the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 6th day of February, 1952. Mayor City Clerk (SEAL) (Form of Coupon) On the ................ day of .........,...., the City of Dubuque, Iowa, prom- ises to pay to bearer, as provided in said bond, the sum of ................ Dollars, in the office of the City Treasurer in the City of Dubuque, being .,,,,.,,,... months' interest due that date on its ................ Bond No. .................... dated ......,.....,.... Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby in- structed to register said bond in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1029 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N.SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec• onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb Schueller, Welu. Nays-None. State of Iowa Z SS. County of Dubuque J I, Claude McDonald, do hereby certify that on -the 8th day of De• cember, 1951, I posted copies of the notice of levy of special assess- ment and intention of the City Council to issue bonds along the line of improvement of Groveland Place with asphaltic macadam sur- facing from the west property line of Sheridan Street to the east prop- erty line of Burden Street. Signed; Claude McDonald. Subscribed and sworn to before me, a Notary Public, this 8th day of December, 1951. John J. Shea, Notary Public in and for Dubuque County, Iowa. (Seal) Councilman Austin moved that the statement be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of the levy of special assessment and in- ,,. .' ,~ i' '1 ti K Regular Session, January 7, 1952 11 tention of the City Council to issue bonds for the improving of Mc- Lenan Street with asphaltic maca- dam surfacing from the north property line of Tressa Street to the south property line of McLenan Street, amount of special assess- ment $1,437.53, presented and read. Councilman Kolb moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS RESOLUTION N0. 10-52 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improving of Mc- Lenan Street with asphaltic ma- cadam surfacing from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue, City of Dubuque, Iowa, 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: Charles & Lorraine Wagner, Lot 2 sub 1 Sub Mineral Lot 39 .................................... $ 6.69 Charles & Lorraine Wagner, Lot 1 sub 2 Sub Mineral Lot 39 .................................. 6.81 Louis P. & Catherine Hoff- man, Lot 2 sub 2 Sub Min- eral Lot 39 .......................... 8.94 Louis P. & Catherine Hoff- man, Lot 3 Sub Mineral Lot 39 ............................................ 34.86 Thomas J. & Rose Dorsey, Lot 4 Sub Mineral Lot 39 79.36 Helen M. Brockman, Lot 5 Sub Mineral Lot 39 ............ 225.32 Mettel Realty & Inv. Co., Lot 6 Sub Mineral Lot 39 225.32 John & Mary Thoes, Lot 7 Sub Mineral Lot 39 ..........., 79.36 Clyde & Charlotte Holland, Sub Mineral Lot 39 ............ 34.86 Francis & Celia Schaffer, Lot 9 Sub Mineral Lot 39 15.74 Basil & Clara Bahme, Lot 10 Sub Mineral Lot 39 ...,.... 15.74 Basil & Clara Bahme, Lot 11 Sub Mineral Lot 39 ...,.. 34.86 Basil & Clara Bahme, Lot 12 Sub Mineral Lot 39 ........ 79,36 John P. & Celelia E. Kass, Sub 14fineral Lot 39 ............ 225.32 Oscar Burgmeier, Lot 14 Sub Mineral Lot 39 .................... 225.32 Robert J. & Maxine F. D. Shireman, Lot 15 Sub Min- eral Lot 39 .......................... 79.36 Louis P. Hoffman, Lot 16 Sub Mineral Lot 39 ..........,. 34.86 Charles & Lorraine E. Wag- ner, Lot 2 sub 17 Sub Min- eral Lot 39 ............................ 15.28 Basil & Clara Bahme, Lot Z6 Sub Mineral Lot 39 .........,.. 4.36 Francis R. & Celia Schaffer, Lot 27 Sub Mineral Lot 39 3.23 Francis R. & Celia Schaffer, Lot 28 Sub Mineral Lot 39 2.58 $1437.53 443.54 Tons (1) one inch Sur• face Stone @$2,00 ••,•••••••••5687.08 3170.00 Gals. of MC. 3 As- phalt @ 0.15 ...........:........... 475.50 16,00 Tons Torpedo Sand @ 1.46 ........................................ 23.36 $1385.94 3% Extra Expense ................ 41.58 5% Int. for 52 days ................ 10.01 $1437.53 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and arr.,,~ed this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds in the amount of $1437.53 to provide for the payment of the assessed cost 12 Regular Session, January 7, 1952 of improving McLenan Street with asphaltic macadam surfacing from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue, presented and read. Councilman Welu moved that the proofs of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Kolb. Nays-None. RESOLUTION N0. 11-52 Resolution providing for the is- suance of Improvement bonds for the purpose of providing for the payment of the assessed cost of asphaltic macadam surfacing on McLenan Street. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the asphaltic ma- cadam surfacing hereinafter des- cribed has been completed and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $1,437.53 Dol- lars of the cost thereof shall be assessed against the property sub- ject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob• jections made thereto have been considered and determined; Now Therefore Be It Resolved by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of im- proving McLenan Street from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue there shall be is• sued Improvement bonds in the amount of $1,437.53 Dollars in an- ticipation of the deferred payment of assessments levied for such im- provement. 2. Such bonds shall be called Improvement bonds; and shall bear the date of February 6, 1952; and shall be numbered consecu- lively; and they shall be numbered, divided into series, and be in such denominations and for such ma- turity dates as are shown in the following table: 1. 4966, 4967, 4968, 4969, 4970, 4971, 4972, 4973, 4974 and 4975--$100: 00, April 1, 1953 2. 4976, 4977, 4978 and 4979100: 00, April 1, 1954 2. 4980-$ 57.53, April 1, 1955 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at• lathed; 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in substant- ially the following form: No ..................................................... Series No . ........................................ CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of ................. or at any time before that date, at the option of the City of Du• buque, the sum of One hundred dollars with interest thereon at the rate of 5 per cent per annum, pay- able semi-annually, on the pre- sentation and surrender of the in- terest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 7th day of January, 1952, being Resolution No. This Bond is one of a series of 15 bonds, 14 for $100.00 numbered from 4966 to 4979 inclusive, and one for $37.53 numbered 4980, all of like tenor and date, and issued for the purpose of improving Mc- Lenan Street from the north prop- erty line of Tressa Street to the south property line of Mt. Loretta Avenue as described in said Resolu- Regular Session, January 7, 1952 13 lion, in said City, which cost is _ payable by the abutting and ad- jacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1030 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, pre- cedent to and in issuing this series t of bonds have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the f i assessment, collection and pay- ment hereon of said special tax, t the full faith and diligence of said City of Dubuque are hereby ir- revocably pledged. ,; In Testimony Whereof the City '-' of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 6th day of February, 1952. Mayor City Clerk (SEAL) ;` (Form of Coupon) On the ................ day of ......,..,..,..,, the City of Dubuque, Iowa, prom- ' ises to pay to bearer, as provided ' ,, in said bond, the sum of ................ j' Dollars, in the office of the City Treasurer in the City of Dubuque, i. being .................... months' interest due that date on its ........................ Bond No ..................... dated ,............ Mayor City Clerk jr' 6. That the Mayor and City k.i~ Clerk be and they are hereby in• strutted to cause said bonds to be prepared and when so prepared to ~I execute said bonds and that the li~° City Clerk be and he is hereby in- ~ strutted to register said bond in a ~~II book kept for that purpose and to 41a~~ ~ , then deliver them to the City ~; Treasurer. '~3 I ~~, 7. That the City Treasurer is hereby instructed to sell said bonds ~ in the manner provided by law, ~~ the proceeds of said sale to be I~ ~; r;.. placed in a special fund to be known as Special Assessment Fund No. 1030 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned- with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 7th day of January, 1952, ROMOLO N, RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. State of Iowa SS County of Dubuque I, Claude McDonald, do hereby certify that on the 8th day of December, 1951 I posted copies of the notice of levy of special as- sessment and intention of the City Council to issue bonds along the line of the improvement of Mc- Lenan Street with asphaltic ma• cadam surfacing from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue. Signed: Claude McDonald Subscribed and sworn to before me, a Notary Public, this 8th day of December, 1951. John J. Shea, Notary Public in and for Dubuque County, Iowa. (Seal) Councilman Austin moved that the statement be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. 14 Regular Session, January 7, 1952 Communication of L e o n a r d Koenig, R. R. 2 Bellevue, Iowa, or 1390 Bluff Street, Dubuque, Iowa, submitting bid in the amount of $1,500.00 for the purchase of city owned property at the corner of Dodge Street and Grandview Ave• nue, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mrs. Wilhelminia Wal- ter requesting that Carroll Street, as it appears on the City Plat, be vacated, and also requesting the right to purchase this strip, pre- sented and read. Councilman Welu moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re• port. Seconded by Councilman Austin. Carried by the following Vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mrs. Rona M. Carlson requesting a refund in the amount of $50.00 on the unexpired portion of her Cigarette Permit No. 124, as she has discontinued business on December 8, 1951, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Mrs. Rona Carlson to cover the amount of refund granted on the unexpired portion of her Cigarette Permit No. 124. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Hazel Bradberry re- questing arefund in the amount of $50.00 on the unexpired portion of her Cigarette Permit No. 214, as she has discontinued business on November 12, 1951, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Hazel Bradberry to cover the amount of refund granted on the unexpired portion of her Cigarette Permit No. 214, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Harold E. Harvey re- questing arefund in the amount of $150.00 on the unexpired portion of his Class "B" Beer Permit No. 109, as he has discontinued busi- ness on December 31, 1951, pre- sented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150,00 in favor of Harold E. Harvey to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No, 109. Seconded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Harold E. Harvey re- questing arefund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 291, as he has discontinued business on December 31, 1951, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Harold E. Harvey to cover the amount of refund granted on the unexpired portion of his Ciga- rette Permit No. 291. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Melvin J Schroeder requesting.a refund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 251, as he has discontinued business on December 31, 1951, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Melvin J. Schroeder to ~z j '.. i Regular Session, Jamlary 7, 1952 15 cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 251. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Petition of Melvin J, Schroeder requesting a refund in the amount of $100.00 on the unexpired portion of his Class "B" Beer Permit, as he has discontinued business on December 31, 1951, presented and read. Councilman Kolb movd that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Melvin J. Schroeder to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 69. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 68-51 An Ordinance allocating and making appropriations of tax levies FUND General ................................. Street ...................................... Public Safety ...................... Sanitation .............................. Municipal Enterprise ...... Recreation ............................ Utilities .................................. Debt Service ........................ Parking Meters .................. City Assessment Expense Firemen's Pension ............ Firemen's Retirement .... Policemen's Pension ........ ~' Policemen's Retirement.. Employee's Retirement.... Street (Road Use Tax).... Liquor Profit ...................... i; Street (Agri. Land) ........ and other sources of revenue to the expenditures for City Govern• ment in the City of Dubuque, for the fiscal year beginning January 1, 1952 and ending December 31, 1952 and authorizing certain trans- fers of funds, said ordinance having been passed upon first reading on December ]2th, 1951 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 58.51 An Ordinance allocating and making appropriations of tax levies and other sources of revenue to the expendi- tures for City Government in the City of Dubuque, for the fiscal year beginning January 1, 1952, and end- ing December 31, 1952, and authoriz- ing certain transfers of funds. Be It Ordained by the City Council of the City of Dubuque: Section 1. That there Is hereby allocated and appropriated Yrom the estimated revenues from all tax levies in the City of Dubuque, together with the estimated receipts from sources other than taxation and un- encumbered balances from the fiscal Year of 1951, all as hereinafter set forth, to the payment of the neces- sary expenditures of the city govern- ment in the following amounts and for the purposes set forth In this ordinance and to that end the trans- fers of funds as hereinafter set forth are hereby authorized, to-wit: Receipts From Misc. Unencumbered Taxes Revenue Balances Totat 111,102,00 $ 20,950.00 $ 20,000.00 $ 162,052.00 216,599.00 4.112.00 33,877.00 259,588.00 326,218.00 109,650.00 81,350.00 612,218.00 175,246.00 2,000.00 27,827.00 205,D73A0 130,752.00 31,563.00 42,000.00 209,315.00 163,451.00 24,100.00 187,551.00 45,091.00 339,670 384,711.00 53,330.00 53,330.00 sD,ooa.ao sD,oao.oo 7,013.00 7,013.00 44,631.00 900.00 45,031.00 10,156.00 1, 850.00 12,006.00 29,466.00 550.00 30,016.00 9, 017.0 0 1, 000.0 0 10, 017.00 16,850.00 16,850.00 145, 00 0.00 146,000.00 56,000.00 56,000.0 u7.oo u7.oo $1,338,989.00 $ 791,895.00 $ 205,064.00 $2,335,888.00 Road Use Tax and Agricultural . Land Revenues appropriated to Street Fund. Liquor Profit Revenue appropriated as follows: $20,000.00 [o Public Safety Fund, $22,800.00 to Sanitation Fund, $5,000.00 to Street Fund, and $8,200.00 to Recreation Fund. Total $56,000.00. i appropriated toarPublied Safe Re Fund for Tratfic Control. Expenditures General Fund ", Item 101 City Council ...., $ 2,915.00 Item 102 Office oY C i t y ~' Manager .. ............... 17,505.00 Item 103 Office oY C 1 t y Clerk ....................... 7,500.00 Item 104 Office of C 1 t y Auditor ................... 8,260.00 Item 105 Office of C i t y Treasurer ................ 4,435.00 ~. Item 106 Office of C 1 t y ,, Solicitor .................. 10,180.00 Item 109 Office of Civil Engineer ................ 23,100.00 Item 113 Elections ................ 4,000.00 Item 114 City Hall ............... 11,550.00 Item 116 Civil Service ....,..... 200.00 Item 121 Office of Building Commissioner .. .. 5,825.00 Item l22 Office of Plumb- ing Inspector ... .. 5,260.00 Item 123 Office of Electri- cal Inspector ....... 5,120.00 I[em 147 Planning & Zoning 3,000.00 Item 148C Miscellaneous .... 27,612.00 Item 160J Capital Improve- ments ..................... 15,DOOAO Total General Fund ..............$152,052.00 These appropriations shall be paid Prom: Taxes ............................................$111,(02.00 Mlsc. Revenue .. ...................... 20,950.00 Unencumbered Balance ........ 20,000.00 $152,052.00 ~~ 16 Regular Session, January 7, 1952 Street Fund Item 130 Tree Trimming ....$ 10,000.00 Item 131 Highway Admin- istration ............... 8,825.00 Item 132 Street Repairing and Grading .......... 106,057.50 Item 135 Street Construc- tion ......................... 125,000.00 Item 133 City Garage .. ... 29,822.50 Item 141 Snow Removal .. 29,500.00 Item 192 Traffic Signs and Markings ................ 10.040.00 Item 161 Bridge and Via- duct Construction., 69,OOO.Op Item 162 City Share of Spe- cial Street Tax .... 6,000.00 Stores Account .... 10,500.00 Total Street Fund ..................$904,705.00 These appropriations shall be paid from: Taxes .... _ .....................................$216,599.00 Misc. Revenue 4,112,00 Unencumbered Balance ........ 33,877.00 Road Use Tax ... .................. 145,000.00 Agri. Land Tax Revenue...... 117.00 Liquor Sales Profit ................ 5,004.00 $904,705.00 Public Safety Fund Item 115 Police Court ..........$ 2,880.00 Item 118 Po][ce Department 206,440.00 Item 119 Fire Department- Maintenance ........ 270,364.00 Item 119E Fire Equipment.. 35,000.00 Item 120 Fire and Police Alarm System ...... 10,016.00 Item 124 Dog Pound ............ 900.00 Item 148E Ambulance ......... 8,668.00 Beer Permit Re- funds ....................... 1,750.00 Cigarette License Refunds .................. 1,750.00 Total Public Safety Fund ... $537,768.00 These appropriations shall be paid from: Taxes .......................................... j326,216.U0 Miscellaneous Revenue ....... 109,650.00 Unencumbered Balance _..,... 81,350.V0 Liquor Sales Profit .... ......... 20,000.00 Parking Meter Revenue .....,. 5,550.00 $537,768.00 Sanitation Fund Item 125 H e a It h Depart- ment ......................... $ 29,535.00 Item 126 Control of Con- tagious Diseases.... 9,200.00 Item 127 Sewer Mainte- nance ........................ 33,000.00 Item 128 Garbage Disposal.. 32,750.00 Item 129 Milk Inspection .. 9,340.00 Item l34 Ash and Can Col- lections .................... 62,000.00 Item 140 Street Cleaning .. 35,548.00 Item 162 City Share of Spe- cial Sewer Tax .... 6,000.00 Item 162 Main Sewers and Inlets ...................._.. 20,500.00 Total Sanitation Fund ... $227,873.00 These appropriations shall be paid from: Taxes ........... .. ..... $175,246.00 Miscellaneous Revenue ... 2,000.00 Unencumbered Balance ........ 27,827.00 Liquor Sales Profit .............. . 22,800.00 E227,873.00 Municipal Enterprise Fund Item 153A Dock Operation.$ 3,295.00 Item 169B Dock D r e d g e Operation ...... 18,749.00 Item 153C Dock River Front Improvement .... 11,357.69 item 1530 Dock Terminal Operation .. .... 17,803.00 Item 143 Library Operation 73,094.17 Item 167 Airport Operation 80,016.14 Total Municipal Enterprise Fund .......................................... $209,315.00 These appropriations shall be paid from. Taxes for Doeks ......................$ 22,321.09 Taxes for Library ................. 60,599.17 Taxes for Airport ... ........... 97,836.14 Miss Dock Revenue .. .......... 16,883.60 Misc. Library Revenue ........ 2,500.00 Misc. Airport Revenue ..,....... 12,180.00 Unencumbered Dock Fund Balance ... ............................... 12,000.00 Unencumbered Library Fund Balance .............................. 10,000.00 Unencumbered Airport Fund Balance ........................ 'L0,000.00 $204,315.00 Recreation Fund Item 144A Park Adminis- tration ................_$ 5,911.60 Item 144B Park Areas , Bldg., etc ............. 98,400.65 Item 144C Park Improve- ment .................... 45,538.75 Item 145A Recreation Ad- ministration ........ 7,650.00 Item 195B Outdoor Recrea- tion ..................... 11,486.00 Item 1950 Indoor Recrea- tion ..................... 6,860.00 Item 145E Swimming Pool. 7,375.00 Item 140 Playground Im- provement ....... 39,329.00 Item 171 Municipal G o I f Course Operation 23,200.00 Total Recreation Fund ... ,.. $195,751.00 These appropriations shall be paid Prom: Taxes for Park Uperation. $ 53,312.25 Taxes for Park Improvement 45,b38.75 Taxes for Recreation ..._.. 25,271.00 Taxes for Playground Im- provement ... _ .................... 39,329.00 Misc. Park Revenue .............. 1,000.00 Misc. Recreation Revenue.,.. 8,100.00 Golf Course Fees ................. 15,000.00 Liquor Sales Profit for Golf Course Operation ................ 8,200.00 $195,751.00 Utilities Fund Ttem 138 Street and Trattic Lighting _ ..._... . $ 45,091.00 item 149 Water Works Ad- ministration ......... 70,002.00 Item 199 Water Works- Op- aperation ...........269,288.00 item 199 Water Works- Non Appro. Re- serve ....................... 382.00 Total Utilities Fund .............. $384,711.00 These appropriations shat] be paid from: Taxes, for Street and Traffic Lighting ...._ _ ......................$ 95,041.00 Water Department Revenue 339,670.00 $384,711.00 Debt Service Fund Item i61J1 Retirement of Bonds and 1?ay- ment of Inter- est $53,330.00 This appropriation shall be paid from: Taxes ................................... $ 53,330.00 $ 53,330.00 Parking Meter Fund Item 170A Parking Meters $ 9,460.00 Item t70B Parking Lota ... 45,000.00 Total Parking Meter Fund... $ 54,450.00 These appropriations shall be paid Prom: Parking Meter Revenue.,..... $ 54,450.00 $ 64,950.00 City Assessment Expense Fund item 108 City Asaessing........$ 7,013,00 Regular Session, January 7, 1952 17 This appropriatio^ shall be paid distribution and division of the within from: aPPropriattons shall be made 1n ac- Taxes ........................_.,...... $ 7,013.00 cordance with the detailed distribu- tion adopted by the City Council on $ 7,013.00 December 3rd, 1951, which detailed Fire Pension Fund distribution is made a part of this Item 155J1 Fire Pensions .$ 45,031.00 ordinance by reference thereto and shah be so considered in connection This appropriation shall be paid with the expenditures of said ap- from: Taxea ..........................................$ 94,631.00 Propriations. Misc. Revenue ........_ ........ ..... 400.00 Section 6. This ordinance shall be in force and effect from and after $ 45,031.00 its final passage, adoption and ap- Fire Retirement Fund proval by the City Council and pub- lication as provided by law, and the : Item 155J2 Fire Retirement System ........... $ 12,006.00 appropriations herein provided shall This appropriation shall be paid be available when transferred to their from: respective funds. Taxes .................................... $ 10,156.00 passed upon first reading this De- Misc. Revenue ......................... 1,850.00 camber 12th, 1951. $ 12,006.00 Passed, adopted and approved upon rinal reading this 7th day of Janu- Police Pension Fund ary, 1952. ~ Item 154J1 Police Pensions $ 30,016.00 ROMOLO N. RUSSO, '' This appropriation shall be paid Mayor. from: CLARENCE P. WELU, Taxes ............._............,.............$ 29,466.00 RAY F. KOLB, Misc. Revenue ................. . ..... 550.00 RUBEN V. AUSTIN, LEO N. SCHUELLER, $ 3QO1fi.0U Attest: Couneilmen. Police Retirement Fund J. J. Shea, Item 154J2 Police Retire- City Clerk. ment System . $ 10,017.00 Published officially in. The Tele- r This appropriation shall be paid graph-Herald newspaper this 10th day r from: of January, 1952. 4 ~ Taxes ...__ ....................................$ 9,017.00 J. J. SHEA, Misc. Revenue ....................... 1,000.00 1tJan10 City Clerk. $ lo,D17.oD Councilman Welu moved the Employee's Retirement Fund adoption of the ordinance. Sec- • Item 156 E m p 1 oyee's Re- tirement ........... ... $ 16,850.00 onded by Councilman Schueller. ~' This appropriation shall be paid Carried by the following vote: from: Taxes ......................................... $ 16,850.00 Yeas-Mayor Russo, Councilmen $ IssSa.ao Austin, Kolb, Schueller, Welu. Total of aU appropriations For the expenditures of Nays-None. city government of the City of Dubuque, Iowa, COUIlCII Proceedings for the for the fiscal year be- ginning January 1, 1952, month of July, 1951, presented for ~ ' ,{`; and ending December 31, approval. 1952 ......... _ ..........................$2,336,888.00 Section 2 Genera] Miscellaneous COnIlCllman WeIU moved that Revenues. General miscellaneous rev- the COUDCII PrOCeedln S for the g enuea which are collected during the Uscal year shall be allocated to the month Of July, 1951 be a,.r.~led k funds and purposes as provided for as printed. Seconded by Council- herein and shall be used for the pay- ment of the expenses of such funds man Kolb. Carried by the follow- - and purposes in the sums herein jog Vote: shown. ' Section 3. Surplus. Any surplus Yeas-Mayor Russo, Councilmen not specifically allocated fora aefi- Austin Kolb Schueller WeIU, Hite purposes in the budget shall be > + + and the same is hereby appropriated Na s None Y - and set apart to be applied as con- . ~ ~ tingencies arise or may be used for such proper purposes as the Council Proof Of pUbllCatlOn, COrtlfled tO may determine upon. Any surplus not by the publjsheTS, of a statement specifically distributed in the budget and remaining 1n funds created by the of reeei is and also a list of claims P levy of special taxes shall be and the for which warrants were drawn + same is hereby appropriated for any dUrmg Ule mOIlth of November proper purpose incident to such funds. , Nothi~ig herein contained shall author- 1951, presented and read. ~ ize the transfer of funds realized from `~; special taxes to a fund or purpose Councilman Austin moved that for which any special tax levy has been made, except only with the ap- the r00f 0f ublication be re- P P ' proval of the State Comptroller. Calved and filed. Seconded by ?! section 9. Delinquent Tax couee- Councilman Kolb. Carried by the ~'I' ~° lions, Delinquent prior years' tax th fOllOWing Vote: + ' ~ 9 e collections shall be allocated to i t l i ll i d' ~I nc ca y u og respective funds mos h th t hi f yeas-Ma or Russo Councilmen Y + i ~ ~ aa or w e ing the purpose c was levied when and as the same Schueller Kolb Welu. AUStjtl + are received by the City Treasurer. , , , Section 5. Distribution. That the Nays-None. F ~y~gg l~ ~~ 16 Regular Session, January 7, 1952 December, 1951 Dubuque, Iowa To the Ilonotable Mayor sad 1Cesabera of the City CoaneIl: On December 12th, A.D. 1951, at a regular meeting the Part Hoard of the City of Dubuque, lewa, payed a certain resolution, dupticrte of which is h,..~:~ at• lashed, and which I, pursuant to dhectioa of said Part Board, do hereby certify to your honorable body for further action in con- formity th;,.:H:th. Reapecthrlly, Lao J. Clemens, Secretaq of the Park Board of the City of Dubuque, Iowa. GouaeIlman Austin moved that the communication be received sad made a matter of record. Sec- eded by Comcilman Kolb. Car- ried by the following vote: YeaW[ayor Russo, Counc~7men Austin, Kolb, Schueller, Welu. Mays-Nom. ~ r~.r,+ING PROP• ERTY l„~r.~' FOR PARK PUR• POSES ~freea, by Ordinance No. Z6, 1I1(e) of ~e Revised City Or- dinances of the City of Dubuque of 1919, a parcel of land owned by Qre Clly of Dubuque, Iowa, was !et aside for park and pleasure ground purposes, said parcel being ielcrlaed fa said Ordinance aa: "'l1N! let et the northeast comer d Bodge and Booth Streets, being tUe 1,,.,r~~..,';,~ tmw mown as the Meet Playground," and being .,~..;,.ly described aa: "Y'he Seutk Pu't of Lot Two (2) of I,et Thee (2- of lYiaeral Lot One Hundred Fifty Eight (158), according to the recorded plat ~~„ '~Aeraae, ~M real property is rA hwgar fit or desirable for park , sad hoe not for several years part bees used !or such ~IRpOaar, and, WMren, i# is desired b the City tbuae9 et the CRy of Dubuque and !le iea~t Mar+d et the City ~ Du• buque that a certain ~t7@ of land acresa said real property be con- veyed to one Florence Moy Clark in firll settlement of a former com• mitment of the City of Dubuque to greet her an easement for a street not less than 50 feet in width across that part or parcel of land described as the South Part of Lot 2 of Lot 3 of Mineral Lot 158, all as recorded in Book 104 TL 91 and 42, in the records of the County Recorder of Dubuque County, Iowa, said conveyance in settlement to be as follows: "A strip of land 32.55' wide across the northerly end of that rectangular portion of the South part of Lot Two (2) of Lot Three (3) ~' Mineral Lot One Hundred Fifty Eight (158) situated at the corner of Dodge Street and North Booth Street in the City of Du• buque, Iowa, having an easterly boundary of 171.8', a northerly boundary of 85.8', a westerly boundary ~ 186.05', and a south- erly boundary of 93.04'," in consideration of a full and complete release of the City of Dubuque by the said Florence May Clark of any and all further liability for said commitment, and VNhereas, it has been determined that the sale of the remainder of such real property in parcels, and the placing of the proceeds of such sale to the credit of the park fund of the City of Dubuque, is desirable and proper at this time. Now Therefore, Be It Resolved by the Park Board of the City of Dubuque, Iowa, as follows: 1. That the real r:~y~.ty ~~~..,.1 by tbe City of Dubuque and de- scribed as: "The South Part of Lot Two (2) of Lot Three (3) of Mineral Lot One Hundred Fifty Eight (158), according to the recorded plat thereof," be and it is hereby declared unfit and undesirable for park purp03ea. 2. That the Park Board recom- mends to the City Council of the City of Dubuque, Iowa, that it convey to Florence Moy Clark by quit claim deed a certain strip of land across said real property, said conveyance to be as follows: "A strip of land 32.55' wide across the northerly end of that rectangular portion of the South Part of Lot Two (2) of Lot Three (3) o{ Mineral Lot One Hundred ~u •; .I'I 'Ilu- ~. I ~. 1 I ~~. ~i i ~:~; Regular Session, January 7, 1952 19 Fifty Eight (158) situated at the corner of Dodge Street and North Booth Street in the City of Du- buque, Iowa, having an easterly boundary of 171.8', a northerly boundary. of 85.8', a westerly bound- ary of 188.05', and a southerly boundary of 99.04'," in consideration of and in ex• change for a full and complete release of the City of Dubuque by the said Florence Moy Clark of any and all further liability of said city arising out of a certain com• mitment of the City of Dubuque, all as recorded in Baok 104 TL 41 and 42, in the records of the County Recorder of Dubuque County, Iowa. 3. That the Park Board recom- mends to the City Council of the City of Dubuque, Iowa, that it sell the remainder of said real prop- erty herein declared unfit and un- desirable for park purposes, sad that the proceeds of said sale or sales less the costs thereof, if any, be placed in the park fund of said city. ADOPTED this .,....., day of De- cember A.D. 1951. Art M. Bennett, Chairman. F. P. Delaney, Leo J. Clemens, sects. Councilman Austin moved that the resolution be received and made a matter of record. Sec- onded by Councilman Kolb. Car• tied by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. January 7, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a meeting of the Playground and Recreation Commission held January 3, 1952, the following motion was unanimously adopted: "That a letter be sent to the Honorable Mayor add Citp Council requesting that they retain the property at the comer of Dodge and Booth Streets in the City of Dubuque, that said property might be used for the further develop~ went of Recreational facilities." This request to retain this prop- erty ie predicated on the belief that with the need for errpavdiiag recreational areas, this particular site could be used for a tempi! court and ether allied activities. The matter of its developatcet bas been discussed at a nuntMu of Recreation Commirliea- meeting! and it is believed it could be de• veloped and utilized to p3'ovide an additional #rea for leilure•time activities. Your honorable body is respee4 fully petitioned to grwt eonsidera• lion to the retaining of this prop- erty for its development as a re• creational site, Respectfully submitted, by order of Playt(rouud sad Recreation Commission, By: N. J. Sutton. Councilman Austin moved that Council express its ar,. , ~ a1 of the , request of the lr<iap- Commission, subject to the right granted in easement to Florence Moy Clark. Seconded by Couaen• man Kolb. Carried by the following vote: Xeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Petition of Playground and Re• creation Commission asking th! City Council to great attentloa to the passage of an ordieapce, which would grant the right to set aside certain streets as play area, as it is the belief of the Recreatbn Commission members that U it bt the belt iatarelt of safety sad fer the protection d tbt youngsta'! throughout the Ciky, prelauted sad read. Councilman Welu moved slat the petition be referred to the City MaAageT and City Solicitor for action sad report. 6eeooded b~ Councilman Schueller. Carried by the following vote: Yeas...Mayor Rurse, Cauaciimen Austin, Kolb, Scbueller, Wept. Nays--None. To the Honorable Mayor, City Manager and City Council of the City of Dubnque, Iowa: Gentlemen: The undersigned, YL,..':...t Doug Company, an Iowa c. ,;~ ~,,atloa, of ' 100 Main Street, Dubuque, Iowa, herewith withdraws its applicatloe to retoue the folks described real estate, rewire 20 Regular Session, January. 7, 1952 Lot 2 of Lot 3 of Mineral Lot 3, Lot 2 of Lot 2 of Mineral Lot 4 and Lot 2 of Lot 2 of Mineral Lot 10, io City of Dubuque, Iowa, accord- ing to the recorded Plat of survey thereof in Book of Plats No. 19, Page 26, records of Dubuque County, Iowa. as a business district. Dated this 7th day of January, 1952. Torbert Drug Company, By: Clewell, Cooney & Fuerste Its Attorneys. We, the undersigned, also wish to withdraw our application to re- zone. Glenview Motel Corp. Charles Scherrer, Sec. and Treas: J. C: Scully. Councilman Welu moved that the requests be granted and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Rolb, Schueller, Welu. Nays-None. January 7, 1952 To the .Honorable Mayor and City Council, Dubuque, Iowa.. Gentlemen: Your Planning and Zoning Com- mission recommends to your Hon- orable Body the denial of the peti- tion of the Torbert Drug Company, dated June 17, 1951, for the follow- ing reasons:- (1) If favorable action were taken on this petition it would set a precedent that would undoubtedly serve as a justification for similar requests in the many other resi- dential sections of the city. The city authorities could not justifiably discriminate against other peti- tioners seeking like favors and the result would. be a breaking down of sound zoning, if in fact, not de- stroying the effectiveness of the entire Zoning Ordinance. The ob- ject of a Zoning Ordinance is prim- arily to stabilize land values and protect: property owners against the intrusion of objectionable land use. - ($) In a city arranged as is Du- buque, the logical place for Busi- Hess is in the downtown area near the Light Industrial District, con• venient to warehouses, railroads and truck lines. There is not, at present, a Business District in the entire hill section of Dubuque from the Mother House at the south- easterly end to Kane Heights at the northerly end, There are a few Local Business Districts in the hill area. However, there is a great difference between Local Business Districts and a Business District. In a LOCAL Business Dis- trict, small service shops of a re- tail nature such as grocery stores, drug .stores, filling stations, etc. for the purpose of serving the im- mediate vicinity are permitted. Most of such stores in the hill sec- tions were established before the passing of the Ordinance. Those built since were required to be set back from the property line, as for example, Apel's on Dodge at Bryant Street. Business Districts, on the otter hand, permit various kinds of establishments including taverns, trailer courts, etc. and buildings may be placed on -the front and side property lines-the tendency is to crowd buildings close together and develop conditions objectiona- ble in residential areas. (3) It is necessary when con- sidering achange in rezoning any area that the adjacent property be given consideration. In this area there are at least twenty or more single family residences. Most of these owners object to re- zoning to a business district. They have an investment in excess of $250.000 at the present time with prospects of many more homes to be built. These homes were built with the understanding that the area was a single family district and they claim that they are en- titled to protection under the Planning and Zoning Ordinance. (4) The Planning and Zoning Commission has always considered the land southerly and westerly from Grandview Avenue a resi- dential area for the development of Dubuque. We also would like to retain as residential areas both sides of Grandview Avenue and the streets that radiate from Grand- view Avenue, such as Mt. Carmel, Rowan, Southern Avenue westerly from the Armory, Plymouth, Mt. ~, ~. h ~: ~€, ~~~ d~ j fi k. ~~ k Regular Session, January 7, 1952 21 Loretta, Upper Dodge, West Third, Highway 20, Bennett, University, West Fourteenth Street, Asbury, Seminary, Rosedale and several other streets in the same general territory. (5) From a strictly selfish stand- point on the part of the City, it is well to remember that the greatest source of Tax Revenue to the City of Dubuque is the downtown, the real estate, buildings and stores. This income may be quickly im- paired , by the establishment of Business Districts s c a t t e r e d throughout the city. (6) Primarily the object of the Zoning Ordinance is to stabilize land values and protect property owners against the intrusion of objectionable land uses. The Plan• ning and Zoning Commission meets and studies such problems in a disinterested, impartial, unselfish manner and endeavors to reach decisions in line with Public In- terests and Common Good. There- fore, we again recommend denial of the petition. Respectfully submitted, Dubuque Planning and Zoning Commission, Louis C. Stoffregen. CouncIlman Kolb moved that the recommendation of the Plan- ning and .Zoning Commission be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. January 7, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission respectfully recommends to your Honorable Body the denial of the Joint Petition of Mr. J. C. Scully and Glenview Motel - Charles C. Scherrer, Secretary- Treasurer, dated October 30, 1951 for the same reasons enumerated by us in our letter to you ac- companying our recommendation to you in the petition of the Torbert Drug Company dated June 17, 1951. Respectfully submitted, Dubuque Planning and Zoning Commission, Louis C. Stoffregen. Councilman Kolb moved that the recommendation of the Plan- ning and Zoning Commission be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Jannuary 3, 1952 Hon. Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: Joseph Michel has brought an action in the District Court of Dubuque County, Iowa, claiming seventy-five hundred dollars from the City of Dubuque and Molo Oil Co, for damages resulting from a fall on the sidewalk at Fifth and Locust Streets on December 9th, 1949. An investigation has disclosed that Mr. Michel did suffer such a fall resulting in a fractured hip and that the facts present a ques- tion as the liability of the City and the Molo Oil Company. Mr. Michael has agreed to ac- cept $812.&5 in full settlement of which amount Molo Oil Co. has agreed to contribute two hundred dollars and the City of Dubuque $6]2.85. I therefore recommend that this settlement be approved and that the Auditor be instructed to draw a warrant payable to Joseph Michel and Louis Fautsch, his at- torney, in the amount of, $612.85 and to deliver the same upon re- ceipt of a properly executed re- lease, and the dismissal of said action with prejudice at plain• tiff's costs. Sincerely, T. H. NELSON, Councilman Welu moved that the recommendation of City Solici- tor Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $612.85 iu favor of Joseph Michel and Louis Fautsch, his attorney, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease and the dismissal of the court action with prejudice at plaintiff's costs. Seconded by Coun- 22 Regular Session, January 7, 1952 Gilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. January 7, 1952 Hon. Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen: The claim of Marvin Sweeney for damages resulting to his car from hitting acatch -basin pro- jecting above the surface of the street in East Ninth Street has been referred to this office for investigation and report. I have investigated this claim and find the facts substantially as alleged in the claim and believe there is liability on the part of the City. I therefore recommend that the claim be allowed in the amount of $55.70, that the Auditor be directed to issue a warrant in said amount and to deliver the same to Marvin S. Sweeney upon receipt of his properly executed release. Respectfully, T. H, NELSON. Councilman Austin moved that the recommendation of City So]ici- tor Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $55.70 in. favor of Marvin S. Sweeney, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. January 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: According to the Code of Iowa the financial records of all cities are audited annually either by the State Auditor or by a certified public accountant. If the work is performed by a certified public accountant, notice must be sub- mitted to the State Auditor within sixty days after the end of the fiscal year. The firm of Brooks, O'Connor and Brooks audited the city books for the last flscal year and I ra- commend that they be rebined to do this work for the period April 1, 1951 to December Sl, 19b1 at a fee of not to exceed $1,500.00. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved chat the recommendation of City Man• alter Schiltz be approved. $ee- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councflmeu Austin, Kolb, Schueller, Went. Nays-None. Jamtary 8, 18lfa To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Milk Ordinance of the Clty of Dubuque has no regulations re- quiring the dating of fluid milk products or the length of time these products can be kept for re- tail sales. Processed milk at plrerent is .of a comparatively high quality and because of a decreased volume of milk supplies during Chia time of the year, the retail outlets have a minimum quantity of mill[. This is an ideal situation for the consumer because a4pplies are completely exhausted daily. How- ever, io flush periods when milk is abundant, retail outlets Are stocked beyond possible exhaus- tion and milk is carried over for some period of time unbeknown to the consumer. I would recommend Wet the Milk Ordinance be amended to y~,~ ~,'.de for dating of fluid milk products and also designating the length of time products can 6e kept for re• tail sales. The above recommendatioe 4 submitted with the a,~rs ~ : al of the City Health Department and Milk Sanitarian. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin mooed that the recommendation of City Man. alter Schiltx be adopted and proper proceedings prepared. Sec- onded by Councilman Kolb. Car• ried by the following vote: t ~. i .ip~ `}III i~ ~: ~ ~., ~', 1 Regular Session, January 7, 1952 23 Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. January 2, 1952 To the Honorable Mayor and Cih Cameil, bubuque, Iowa. Gentlemen: I have had several inquiries re- gardaag the restriction of parking m perbs of Picket Street, Cornell Street and Montrose Street, and after having an investigation made, the following conditions were found to exist: Picket Street is 22 feet wide and one block in length from Cornell to Henion Street. There are no reaidentiat units on the South side of the street sad it carries mostly local traffic. C.;:,~: ~'1 Street north of Loral Boulevard is 16 feet wide for a distance of 170 feet and Montrose 9tteet north of Loral Boulevard is 15 feet wide for a distance of 170 feet, Then are no residential units facing the street within this area. Conditions, especially during the winter months, make it very haz- ardons along these streets and I would ldce to make the following recammeadations which are in ac- cordance with a study made by the Traffic Department: 1. That parking be restricted on the South aide of Picket Street from CorneII Street to Henion Street. 2. That parking be restricted on both aides of Cornell Street from Loral Boulevard to a point 170 !mot North. S. That parking be restricted on both sides of Montrose Street from Laraa Boulevard to a pomt 170 feet North. Respectfully submitted, L. J. SCHILTZ, City Manager. Cameihaau Weln moved that the recommendations of City Man- ager Sehiltz be approved and proper proceedings prepared. Sec- eded b! Councilman Austin. Car- tied by ffie following vote: Yeas-4dayor Russo, Councilmen Austin, Yo1b, Schueller, Wela. I+lays-None. January 2, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: According to the request of your honorable body, I have had in- vestigated the need for a school crossing signal at Windsor and East Twenty-Second Street. The traffic on Windsor Avenue is quite heavy and many children cross East and West across this street. The north-south crossing is protected by a stop sign already erected, I recommend the installation of a school crossing signal on Windsor Avenue and East Twenty-Second Street to control traffic on Windsor Avenue. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin; Kolb, Schueller, Welu. Nays-None. December 28, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have had prepared a city ordi- nance relative to the .keeping of dogs, This ordinance contains pro- visions for the control of rabies and is along the lines suggested by the State Department of Health. During the last summer we have had considerable trouble controlling stray animals and in the interests of public health and safety, I re- commend that this ordinance be adopted. Respectfully submitted, L. d. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be adopted. Sec onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 2-51 An Ordinance regulating the keep- . ing of dogs in the City of Dubuque., 24 Regular Session, January 7, 1952 Iowa: Providing for the observation under confinement of biting dogs, and special provision for the con- trol of rabies; prescribing penalties for violation; and amending ordin- ance No. 4-33, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Car- ried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE Na. 2.52 An ordinance regulating the keeping of doge in the city of Dubuque, Iowa; providing for the observation under confinement of biting dogs, and special prov[aion for the contra) of rabies, prescribing penalties for violation; and amending Ordinance No. 4-33. Be It Ordained by the City Council of the City of Dubuque, Iowa: 3eetion I. Definitions. The follow- ing detinltlons shall apply in the In- terpretation and enforcement of this Ordinance: (a) "Dog" includes all damestl- cated members of the caniafamilaris, male or female, whether altered or not; (b) "Owner" Includes any person, firm or corporation owning, harbor- ing, sheltering or keeping a dog; (c) "Kenhel dogs" are dogs kept or raised solely for the bona fide purposes of safe and which are kept under constant restraint; (d) "At large" includes any dog off the premises of its owner er upon the public streets, alleys, public grounds, or parka within the Clty of Dubuque. A dog shalt not be deemed at large if: 1. It ie attached to a leash of suf- ficient strength to restrain the dog and nbt more than ten (10) feet in length, where said leash is held by a person competent to govern the dog; or 2. When properly restrained within a motor vehicle or housed In an ani- mal hospital approved by City Health Ottlcer, Section 2. License fee payable by: (a) The City Manager shall issue dog licensee upon due application and payment of the tee provided here- inafter. The licensee, upon procure- ment of the license, shall securely attach the license tag to a collar or harness, and this collar or harness with the license tag attached shall at all times be kept on the dog far which the license is issued. Any dog found at large w[thout a collar or harness to which a license tag is attached shall be deemed unlicensed and shall be impounded; (b) The head oP the family shall be liable for payment of the license fee on any dog owned, harbored or kept 6y any member of the family; (c) It shall be unlawful for any owner to own, possess or harbor a dog, except kennel dogs, in the City of Dubuque without having obtained a license therefor In compliance with the provisions hereinafter set forth, except that a license shall not be regwred for dogs under the age of three (3) months which are confined to the owners' premises; d) The Individual license fee shall be $lA0 for male or spayed female dogs and $3.00 for female dogs per calendar year or fraction thereof. The owner shall file application for license with the City Manager, This appli- cation shall give the name and ad- dress of owner, breed, sex and de- scription of dog. (e) The license must be secured by April 1st each year, or at the time a dog has reached the age of three (3) months after said date. In the event of a change in ownership the license holder shall notify the City Manager of such change. Section 3. Harboring Vicious Dug: It shall be unlawful for any per- son to harbor or keep a vicious dog within the City of Dubuque. A dog la deemed to be vicious when it shall hate attacked or bitten any person (without provocation), or when pro- pensity to attack or bite persons shall exist and is known or ought reason- ably to be known to the owner. Section 9. Impounding: Repoasea- sion or Disposal (a) Any dog found at large as previously defined without a proper license from the City of Dubuque shall be eubject to seizure and- hn- poundment in the place provided by the City. (b) The possession of any un- licensed dog so seized or impounded may be obtained by the owner upon obtaining a license and paying 'the sum of Two Dollars (;l) plus the current daily fee for keeping such dog for each day or fraction thereof during which the said dog has been Impounded and upon proper identifi- cation of said dog. (c) Any dog not claimed by the owner within three (3) days may be disposed of as prescribed by the Health Officer. Section 5. Dogs Disturbing the Peace. (a) It shall be unlawful for any person to own, keep, have in his possession or harbor any dog which by frequent and habitual howling, yelping, barking or otherwise, shall cause a serious annoyance or dis- turbance tq persons ar to the neigh- borhood. (b) It shall be unlawful Por any person, firm or corporation keeping, owning or sheltering a dog to allow or permit such animal to pass upon the premises of another causing dam- age or annoyance or otherwise inter- fering with the premises. (c) No person shall be convicted under the provisions of this section except upon complaint of two or more persons of different households. Section 6. Female Dogs in Season. It shall be unlawful for any owuer to allow hie female dog that is in season to run at large or to so con- fine her as to attract male., dogs to the area and by their presence cause a nuisance. Any person violating the provisions of this section shall be punished as provided in this Ordi- nance and the dog shall be subject to seizure and impoundment at the ex- ~~L '1' e .~i ~L. „~~ ` ~ ~~ ~~ ~~ w ~ Regular Session, January 7, 1952 25 pense of the owner, during the re- mainder of the heat period. Section 7. Rabies. (a) The owner of any dog which has contracted rabies, or which has been eubject to same or which is suspected of having rabies, or which shall have bitten any person, shall, upon demand of the Chief of Police or Health Officer, produce and sur- render up such dog to be held in quarantine far observation fora pe- riod determined by the City Health Officer at the expense of the owner of said dog. (b) At the discretion of the Health Officer it may be. permissible for the owner to properly confine his dog Instead of having it impounded. The term "properly confined" shall be construed to include: (i) Chaining at home or penning at home if the dog be so protected as to prevent intimate approach oP any other animal or person by a metal or wood barrier of suffcient size, height and construction as to absolutely prevent the ingress or egress of person or animal; (2) Confinement in an animal hos- pital under the supervision of a reg- istered veterinarian. (c) If, upon examination by a vet- erinarian, any dog shall prove to be infected with rabies, such dog shall be disposed of as directed by the Health Officer. It shall be the duty of said veterinarian to notify the City Health Officer of any positive rabies case found within twenty-four (24) hours. (d) Any animal bitten or attacked by any known rabid animal, shall be quarantined under supervision of the City Health Officer by being con- fined, as provided above, far a period of not less than ninety (90) days. (e) Any person who shall know- ingly harbor or keep any dog in- fected with rabies, or any dog known to have been bitten by a rabid dog, or who shall fail to report to the police or health officer the existence of a dog which he knows to be so infected, or who shall fail to pro- duce and surrender up any dog pur- suant to subjection (a) hereof, shall be punished as provided in this ordi- nance. (f) Any person finding a dead dog shall at once notify the police de- partment. Section 8. Control of Rabies Out- break. When the Mayor, pursuant to Reso- lution of the City Council, shall de- clare an emergency due to rabies: (a) It shall be unlawful for the owner of any deg to permit or suf- fer such dog to be at large. Any dog Pound at large shall be deemed to be so with the permission or at the sufferance of its owner. (b) It shall be unlawful for any person except the owner of a dog, or his agent, to open any door or gate of any private premises, or to otherwise entice or enable any dog to leave any private premises for the purpose or with the result of setting such dog at large. (c) Any dog found at large shall be impounded by the police depart- ment whether licensed or nat. Section 9. Violation of Provisions. Any person violating any of the provisions of this Ordinance shall, upon conviction, be fined a sum not exceeding One Hundred Dollars ($100) and coats, and in default of payment be committed to the City or County jail until such fine and costs are paid not exceeding thirty (30) days or a jail sentence may be imposed not exceeding the said thirty (30) days. Section 10. Repeal and Date of Effect. That part oP Ordinance No. 4-33 relating to dogs and Section 64 of Ordinance No. 78, and al] ordinances and parts of ordinances in conflict with this ordinance are hereby re- pealed; and this Ordinance shall be in full force and effect immediately upon its adoption and publication as provided by law. Section ll. Unconstitutionality Clause. Should any section, paragraph, sen- tence, clause or phrase of this Ordi- nance be declared unconstitutional or invalid for any reason, the remainder of said Ordinance shall not be affected thereby. Introduced the 7th day oY January, 1952. Passed, adopted and approved [his 7th day of January, 1952. ROMOLO N. RUSSO Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. 7. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 14th day of January, 1952. J. J. SHEA, It Jan. 14 City Clerk Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. December 27, 1951 To the Honorable Mayor and City CODUCII, Dubuque, Iowa. Gentlemen: During the last several weeks I have been investigating the pos- sibility of better pedestrian pro- tection and control in the down- town area and especially at the intersections where traffic is con- trolled by traffic lights. There have also been petitions submitted to the City Council by the Dubuuge Safety Council regard- ing the parking of vehicles close to crosswalks and discussion among the Council regarding short time restricted parking at certain lo- cations in the business district. In order that we may proceed with the adoption of the findings of this investigation, I would like to pre- sent the following recommendations to the Council for their approval: 1. That East and West bound traffic on East Sixteenth Street be controlled by Stop signs at the in- tersection of Washington Street. 2. That ten minute restricted ~6 :Regular Session, January 7, 1952 :parking areas be created within the business districts but limited Ito one space in each block. 3. That no parking be allowed on Davis Avenue from a point 630 ~feeteast of Windsor Avenue to the entrance of Mt. Calvary Cemetery. 4. That parking be restricted within ten feet from the cross- walk at all interesections within the city. 5. 'that all traffic lights between 4th and 14th Streets be converted to double faced type and that ad- ditional protection be given pedes- trians by adding a walk signal at the hntersections of 6th, 8th and 10th Struts on Main, -6th and 8th on Locust Street and 14th and Central; Also that the controls at 12th .and Central and 14th and Main be of a type that can be con- trolled for red signals in all four .directions so that pedestrians can cross in all directions; that right- turn.arraws be installed at 4th and ~G~ntral sfor southbound traffic and Y4th anti .Locust Streets to .govern •muthbound traffic. 6. That a system of controls be •established to regulate traffic lights at the intersections of 8th, 12th, 14th and 17th Streets on Central Avenue and Main and Locust Streets on 8th Avenue. These controls would activate an all-red signal at the intersection io case of fire runs, thereby help- ing :to control accident at these :intersections with emergency veh- ~fcles. .Respectfully submitted, L. J. SCHILTZ, .City Manager. Councilman Kolb moved that the recommendations of City Man- ager `Schiltz be approved and proper ,proceedings prepared. Sec- onded ' by Councilman Schueller. Carried by the following vote: `Yeas-Mayor Russo, Councilmen Austin, Solb, Schueller, Welu. Nays-None. December 27, 1951 To the Honorable Mayor aud.City Coumil> Dubuque, Iowa. ~Gentl~.,~...~.: 1~e .communication of C. J. Buelow requesting unrestricted parking on Locust Street from :Locust Streetfrom Tweffth Street north was referred to the City Manager and Traffic Department for investigation and report. The recommendation of the Chief of Police and reasons therefor are as follows: "At this time there is restricted parking on Locust Street between 12th Street and Loris Boulevard. During past years at times both restricted and unrestricted parking was put into practice, and in the main restricted parking was most satisfactory and practical. "This area is populated by room- ing houses, resulting in consider- able deliveries to the buildings in this area. The property owners and occupants of buildings were responsible in bringing about re- stricted parking, insofar that un- restricted parking resulted in this street being .parked full during the day. "It is my recommendation that there be no change in the park- ing restriction now existent en Locust between 12th Street and Loris Boulevard." Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu .moved -that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. December 26, 1951 To the .Honorable Mayor and .City Council, Dubuque, Iowa. Gentlemen: The petition of Leo P. Manahl requesting the installation of street lights on the corner of Groveland and Sheridan and also at the cor- ner of Groveland and Argyle was referred to the City Manager. At the present time there is a .street light at the corner of Goethe and Sheridan Streets-which is only a short distance from the inter- section of Groveland and Goethe. Therefore, I do not recommend the placing of a light at this inter- section. I recommend the placing of . a Regular Session, January 7, 1952 2T t the intersection of Groveland and Argyle. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- alter Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. December 26, 1951 To the Honorable Mayor and City CouncIl, Dubuque, Iowa. Gentlemen: The petition of Arthur Duggan and others requesting the installa- tion of a street light on the corner of Bonson and Hill Streets was referred to the City Manager for recommendation and report. After investigation of the street lighting conditions I recommend that the petition be denied because at the present time there are, two boulevard lights at the intersection of Dodge and Hill that reflect suf- ficient light to the Bonson and Hill intersection, and there are no trees to interfere with the lighting in thi's short block which is only 113 feet, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved the recommendation of City alter Schiltz be approved. onded by Councilman Austin. ried by the following vote: Yeas-Mayor Russo, Council Austin,. Kolb; Schueller, Welu, Nays-None. that Man- Sec- Car- men December 26, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of Mrs. W. H. Ashby and others requesting installation of a street light at the corner of Burlington and National Streets was referred to the City Manager for recommendation and report. After investigation of the street lighting conditions in this location and' Because of future expansion in this area, I recommend that a street light be placed at the in- tersection of Burlington and- Natio- nal Streets. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man• agar Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. January 5, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of the Du- buque Policemen's Protective As- sociation submitting an "8-Point Program" was referred to the City Manager and City Council for con- sideration. During the course of time since this communication has been received, the following pro- visions have been approved by the Council and' are in effect at the present time: 1. $300,00 per month for 1st Class Patrolmen. 2. Three year waiting period' for 1st Class pay has been, reduced: to one year with an increase at the end of six months. 3. The separation of the pay grades within the different ranks has been increased: 4. Steps have been. taken to secure additional men.. to increase. the force to full strength. 5. Working- conditions in~ the Police Department have been bet- tered by the allowance of a day ofl' on Christmas and also one d2y off for the night patrolmen per month. Efforts will be made td co~in• ually improve the working eom ditions of both the Police and Fire Departments so that their stand- ards will be maintained similar ta~ those departments in other cities and al§o conditions locally. Respectfully submitted,. L. J: SCHILTZ, City Manager. Councilman Kolb moved' that the communication of City Mang alter Schiltz be received' and" made a matter of record. Seconded b}* Councilman Austin. Carried by the following voter ~~ 28 Regular Session, January 7, 1952 Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that the improvement of Buena Vista Street with curb and gutter from the north property line of Alley south of. Strauss Street to the south prop- erty line of Lowther Street under contract with the Thos. Flynn Coal Company of the City of Dubuque, Iowa, has been completed in ac- cordance with the plans and speci- fications. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Welu. Car- ried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (A Resolution Accepting Im• provement and Directing the Clerk is Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 12-52 Whereas, the contract for the im• provement of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south prop- erty line of Lowther Street has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and re- commends its acceptance, now therefore, Be It Resolved by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improvement bonds is- sued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 7th day of January, 1952. Approved; ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that the improvement of Napier Street with curb and gutter from the east property line of Foye Street to a point 300 feet west under contract with the Thos. Flynn Coal Company of the City of Dubuque, Iowa, has been completed in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Regular Session, January 7, 1952 29 (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) ~ RESOLUTION N0. 13-52 Whereas, the contract for the im- provement of Napier Street from the east property line of Foye Street to a point 300 feet west has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- E ing to the terms of the contract, plans and specifications and re- commends its acceptance, now therefore, Be It Resolved by the City Council of the City of Dubuque, ~ ! that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby di- ~ rected to prepare a plat and seched- ule showing the lots or parcels of i t real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and . said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to i~ levy special assessments therefor, + ~ as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pap to the contractor ~ from the funds to be realized from the sale of improvement bonds is- sued upon the above described im- provement in amount equal to the ~ amount of his contract, less any + retained percentage provided for therein. Passed, adopted and approved this 7th day of January, 1952. Approved: K ` ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, ~ RUBEN V. AUSTIN, R LEO N. SCHUELLER, CouncIlmen. Attest: J. J. SHEA, ' ~` City Clerk. ~ ~ Councilman Kolb moved the ` adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that the improvement of Sullivan and Levi Streets with an eight, (8) inch sanitary sewer beginning at the intersection of Levi and Lorimer Streets running west along the cen- terline of Levi Street to Sullivan Street; thence south along the centerline of Sullivan Street to the existing manhole located at the intersection of Sullivan Street and English Lane, under contract with the Thos. Flynn Coal Company of the City of Dubuque, Iowa, has been completed in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of this work. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (A Resolution Accepting lm• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 14-52 Whereas, the contract for the im- provement of Sullivan and Levi Streets with an eight (8) inch vitri- fied the sanitary sewer in Levi Street beginning at the intersection with Lorimer Street and running west along the centerline of Levi Street to Sullivan Street; thence south along the centerline of Sulli- van Street to the existing manhole located at the intersection of Sul- livan Street and English Lane has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and re- commends its acceptance, now therefore, Be It Resolved by the City Council of the City of Dubuque, that the recommendation of the City Manager be arr.,,red and 3Il- Regular Session, January 7; 1952 that said improvement be and the same is hereby accepted and the City Engineer be and ho is hereby directed to prepare a plat and schedule- showing the lots or parcels of. real estate subject to assess- ment for said improvement and file' the same in the office of the Gity Clerk subject to public in- speetiom and said Clerk shall upon receipt. of such plat and schedule publish the notice of the Council's intention to levy special assess- ments~therefon, as required by law. Ba IC Further Resolved, that the Cityu Treasurer be and he is hereby directgd~ to pay th the contractor from the' funds to be realized from Ute sale of sewer bonds issued upon the above described improve meat in amount equal to the amount of his contract,. less. any retained percentage provided for therein. Passed, adopted: and approved this 7th day of January, 1952. Approved: ROMOLO N. RjISSO; Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LE0 N.SCHUELLER, Councilmen. Attest: J. J.: SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by ,Councilman Schueller. Carried by the following vote: Yeas--Mayor Russo; Councilmen A'usfln, Kolb; Schueller, Welu. Nays=None. OR'DItVANCE N0. 1-52 An Ordinance vacating Lime Street f#~om the north line of Kim- NaR~ Street northerly to the Mil- waultee right-of-way and authoriz- ing the- conveyance thereof, pre- sented' and read. Councilman Welu moved that the reading just had be considered YHe 15rst reading of the ordinance. S`econded' by Councilman Austin. Carried by the following vote: 4"eas-Mayor Russo, Councilmen Austin; Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an. ordinance to be read on three separate days. Seconded by Coun- cilhnan~ Austin. Carried. by the fol- ]bw4ng note: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the ordinance just read, being an ordinance authorizing 3 contract be now considered complete in form for final passage and further move that the same be placed on file. with the City Clerk and remain. on file for public inspection for at least. one week before final adop- tion. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. R'ESOLUTION' N0: 15-52 Resolution Setting Time and Place of Hearing- on Proposah to Dispose of Real Estate. Whereas Ordinance No. 1~2 has been introduced in the City Council of the City of Dubuque, providing for the vacation of Lime Street from the north. line of Kim- ball Street northerly to the Mil- waukee Railroad right-of-way and authorizing the conveyance of said area to the abutting property own- ers; and Whereas before such Ordinance may be adopted a public hearing must be held thereon; Now Therefore Be It Resolved by the City Council of the City of Dubuque:. Section 1. That a public hearing be held on said proposed Ordin- ance on the 4th day of February, 1952 at 7:30 o'clock P.M, in the City Council Chambers in the City Hall in the City of Dubuque, Iowa; at which time and place all' inter- ested parties will be given an op` portunity to be heard and' that the City Clerk is hereby directed to publish notice of said hearing once each week for two consecu- tive weeks in the manner- provided by law. Adopted this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUE)LLER, Councilmen. Attest: J. J. SHEA, City Clerk. Regular Session, January 7, 1952 3~1 Councilman Kolb moved the .adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 16-52 Resolution setting time and place of hearing on proposal to dispose of real estate. Whereas, a Resolution No. 443.51 has been introduced in the City Council of the City of Dubuque, providing for the transfer of Lot 1 of Rosedale Addition by the City of .Dubuque to the Independent School District of Dubuque County, Iowa, in consideration of the Independent School District deeding to the City of .Dubuque Lot 1 of Part of Lot 1 of Lot 1 of Mineral Lot 179; and Lot 2 of Part of Lot 5 of Mineral 'Lot I79A; all lying north of Rose- dale Avenue; and Whereas, before such Resolution may be adopted a public hearing -must be had thereon; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: That a .public hearing be held ~' on said proposed Resolution on the , 4th day of February, 1952 at 7:30 x o'clock p.m. in the City Council Chambers in the City Hall in the City of Dubuque, Iowa, at which time and place all interested parties will be given an opportunity to be heard and that the City Clerk is hereby directed to publish notice of said hearing one each week for ' .two consecutive weeks in the .manner provided by law. Adopted this 7th day of January, 1552. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F, KOLB, RUBEN V. AUSTIN, ~'y' ~ LEON. SCHUELLER, Councilmen. Attest: J. J, SHEA, City Clerk. ' ~ ~ Councilman Welu moved the ~ ~ adoption of the resolution. Sec- s onded by Councilman Schueller. ~: Carried by the following vote: ~' Yeas-Mayor Russo, Councilmen ~ Austin, :Kolb, Schueller, Welu. ~ Nays-None. :, s. RESOLUTION N0. t7-52 Whereas, The City of Dubuque has been authorized to issue bonds for the construction and recon- struction of .fire houses; and Whereas, the City Council has approved the selection of an arch- itectural firm to provide the neces- sary planning services; Now, Therefore, Be It Resolved by .the City Council of the City of .Dubuque, Iowa that the Mayor .and City Clerk be and they are hereby authorized and directed to enter into an agreement with Durrant and Bergquist of Dubuque, Iowa for architectural planning service for a new fire station and remodeling of the Eighteenth Street Fire sta• lion. Approved and placed on file for final action this 7th day of Jan- uary, 1952. Councilman Welu moved that the resolution be approved and placed on file for final action. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-Nave. RESOLUTION N0. 18-52 Be It Resolved by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes .within the City of Dubuque, be granted a permit to sell cigarettes and ciga- rette papers within said City and the Manager is directed to issue such permit on behalf of said City. Elmer F. Christ, 701 Central Avenue. Mrs. Joyce Nacos, 1842 Central Avenue. Be It Further Resolved that the bonds filed with the applications be a~r.~~ed. Passed, adopted and approved this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, -RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. -~~ 32 Regular Session, January 7, 1952 Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- tied by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 192 Whereas, applications for "B" Beer Permits have been submitted to this Council far approval and the same have been examined; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that the following applications be grant- ed and the licenses are to be is- sued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Louis Anthoine and Angella An- thoine, 119 West 6th Street. Spencer P. Wright, 1862 Central Avenue. Mrs. Ruby Pappas, 177 Main Street. Henry C. Torrey, 400 Iowa Street. Frank E. Lewis, 2403 Central Avenue, Lorraine Gordon, 469 Main Street. CLASS "C" PERMIT John C. Neumeister, 729 Lincoln Avenue. Alois J, Ender, 534 Rhomberg Avenue. Passed, adopted and approved this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolttion. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 20-52 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the. premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Louis Anthoine and Agnella An- thoine, 119 West 6th Street. Spencer P. Wright, 1862 Cen- tral Avenue. Mrs. Ruby Pappas, 177 Main Street. Henry C. Torrey, 400 Iowa Street. Frank E. Lewis, 2403 Central Avenue. Lorraine Gordon, 469 Main Street. CLASS "C" PERMIT John C. Neumeister, 729 Lincoln Avenue. Alois J. Ender, 534 Rhomberg Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby ap- proved. Passed, adopted and approved this 7th day of January, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P, WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 3-52 An Ordinance Authorizing The Issuance of $167,000 Fire Station Bonds and Providing for the Levy of Taxes to Pay the Same, pre- sented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ~~ 1 ~i Regular Session, January 7, 1952 33 Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the ordinance just read, being an ordinance making a contract, be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public inspection for at least one week before final adop- tion. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 21-52 Resolution Providing a Supple- mental Estimate of Taxes and Pro- viding for Notice of Hearing on Same. Whereas pursuant to an election duly and regularly held in the City of Dubuque on the 6th day of No- vember, 1951, Ordinance No. 3-52 entitled "An Ordinance Authoriz- ing the Issuance of $167,000 Fire Station Bands and Providing for the levy of Taxes to Pay the Same" has been introduced in the City Council of the City of Dubuque; and Whereas said Ordinance provides for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and Whereas it is advisable to make provision for a supplemental esti- mate of said taxes for future years pursuant to the provisions of Sec- tion 24.7 of the 1950 Code of Iowa; Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That pursuant to' Chapters 407 and 76 of the 1950 Code of Iowa and Chapter 159 of the Acts of the 54th General As- sembly of Iowa, a supplemental estimate of special taxes for the payment of the principal and in- terest of said bonds be made as follows and that there shall be levied, assessed and collected a direct annual special tax upon all of the taxable property within said City sufficient to produce net an- mial sums as hereinafter pro• vided: Year of Year of Levy Expend. Amount 1952 1953 $16,845,00 1953 1954 $21,460.00 1954 1955 $20,900.00 1955 1956 $21,340.00 1956 1957 $20,745.00 1957 1958 $21,150.00 1958 1959 $20,520.00 1959 1960 $19,890.00 1960 1961 $19,260.00 1961 1962 $18,630.00 Section 2. Said taxes shall be collected each year at the same time and in the same manner and with and in addition to all other taxes in and for said City, and when collected shall be allocated to the Debt Service Fund and con- verted into a special fund for the payment of prinncipal and interest of said bands and for no other purpose whatsoever. Section 3. That this Council meet oti the 4th day of February, 1952 at the City Hall within said City at 7:30 o'clock P.M. at which time and place any person subject to such tax shall be heard in favor of or against the same or any part thereof; Section 4. That the Mayor and City Clerk are hereby directed to give notice of said supplemental estimate, setting forth the time when and place where said hearing will be held by publication at least ten (l0) days before said hearing in the Telegraph-Herald, a news- paper published in and of general circulation in said City. Said notice shall be in substantially the fol- lowing Form: "NOTICE OF SUPPLEMENTAL ESTIMATE The City Council of the City of Dubuque, Iowa will meet on the 4th day of February, 1952, at the City Hall in the City of Dubuque, Iowa, at 7:30 o'clock P.M., at which time and place taxpayers will be heard for and against the following estimate and levy of special taxes for each of the years 1952 to 1961, inclusive, on all the taxable property in said City. The proceeds of said tax will be used 34 Regular Session, January 7, 1952 to pay the principal and interest of bonds to be issued for the purpose of paying the cost of carrying out a fire station program in said City: Year of Year of Levy Expend. Amount 1952 1953 $16,845.00 1953 1954 $21,460.00 1954 1955 $20,900.00 1955 1956 $21,340,00 1956 1957 $20,745.00 1957 1958 $21,150,00 1958 1959 $20,520.00 ' 1959 1960 $19,890.00 1960 1961 $19,260.00 1961 1962 $18,630.00 By Order of the City Council of the City of Dubuque. ROMOLO N. RUSSO, Mayor. Attest: J. J. SHEA, City Clerk," Section 5. That the City Clerk is hereby directed to file verified proof of the publication of said notice in the office of the Auditor of Du- buque County. Section 6. That this resolution be in force and effect immediately after its passage and approval. Passed and approved January 7th, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 22-52 Resolution Providing for the Advertisement for Bids for the Pur- chase of $167,000 Fire Station Bonds. Whereas the electors of the City of Dubuque, Iowa, at an elec- tion duly and regularly held in said City, have authorized said City to carry out a Fire Station pro- gram, consisting of constructing a new fire station and acquiring a site therefor and remodeling an existing fire station in said City, and to issue bonds for such pur• pose not exceeding $167,000, and it is deemed advisable and for the best interests of said City that Fire Station Bonds in the amount of $167,000 be now advertised for sale at competitive bidding as rb• quired by Chapter 75 of the Code of Iowa; Now Therefore, Be it and it is hereby Resolved and Ordered by the City Council of the City of Du- buque, Iowa, as follows: Section 1. That advertisement be made for bids for the purchase of Fire Station Bonds of the City of Dubuque, Iowa, in the principal amount of $167,000, to be dated February 1st, 1952, of the denomina• tion of $1,000, maturing serially, $11,000 on November 1, 1953; $16,- 000 on November 1st of each of the years 1954 and 1955; $17,000 on November 1st of each of the years 1956 and 1957, and $18,000 on No• vember 1st of each of the years 1958 to 1962, inclusive, and that such advertisement state that all such bids will be acted upon by the City Council at its meeting to be held at 7:30 o'clock P.M., on Febr• nary 4th, 1952. The City Clerk is hereby authorized and directed to publish notice of such advertise- ment one each week for at least two consecutive weeks in the Telegraph Herald, an official news- paper of general circulation pub• lished and printed in said City of Dubuque, and of general circula• lion in Dubuque County, Iowa, such notice to be in the following form: "NOTICE OF SALE OF BONDS Sealed bids will be received by the City Clerk of the City of Du• buque, Iowa, until 7:30 o'clock P.M., February 4th, 1952, for $167; 000 Fire Station Bonds of said City, at which time such bids will be presented to the Council of said City at its meeting to be then held at the Council Chambers in the City Hall, in said City, and after the receipt of open bids and the opening of sealed bids, the bonds will be sold to the highest bidder for cash. Said bonds will be dated February 1st, 1952, be of the de• nomination of $1,000 and will ma- ture serially, $11,000 on November 1, 1953; $16,000 on November 1st iY, I l ;$ 'f S}} '~ tt' ,~ ~' i i Regular Session, January 7, 1952 35 of each of the years 1954 and 1955; $17,000 on November 1st of each of the years 1956 and 1957; and $18,000 on November 1st of each of the years 1958 to 1962, inclusive. Both principal and semi-annual in• terest will be payable at the office of the City Treasurer of the City of Dubuque, Iowa. Bids should be made on the basis of not less than par and accrued interest or better, and, all other things being equal, awards will be made upon the most favor- able bid or bids specifying the lowest interest rate. Bidders must furnish a certified check on a State or National Bank for two percent (2%) of the principal amount of bonds bid for as a guarantee of good faith, this amount to be forfeited to the City by the successful bidder should he fail to take up and pay for any of the bonds when ready. The City will furnish a complete transcript of all proceedings had in connection with the issue of said bonds to the successful bidder, but bids may not be conditioned upon the approving opinion of any attorneys or others. The City will furnish the printed bonds and all bids may be so conditioned. The right is reserved to reject any or all bids. By order of the City Council this 7th day of January, 1952. J. J. SHEA, City Clerk." Section 2. That all Resolutions or orders in so far as same may be in conflict herewith be and the same are hereby repealed and that this resolution be effective im- mediately upon its passage and approval. Passed and approved January 7th, 1952. ROMOLO N, RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded January 7th, 1952. J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Councilman Austin submitted the following oral resolution and moved its adoption: A resolution setting date of February 4th, 1952 at the time for hearing on a pro• posal to dispose of Lot 1 of 1 of 3 of Randall's Subdivision, also Lot 1 of 1 of Min. Lot 145 and Lot 2 of 2 of 3 of Min. Lot 144 and directing the City Clerk to pub- lish notice of the receipt of sealed bids for the sale of said real estate, bids to be filed on or before 4;00 o'clock P.M., on February 4th, 1952, said sealed bids to be ac- companied by a certified check in the amount of ten per cent of the bid submitted, as a guarantee of good faith and further directing that oral bids will also be received at the Council meeting to be held February 4th, 1952. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved ...............................~ 1952 Adopted ................................ 1952 I I Councilmen: j .................................. I Attest :........................................ City Clerk. 36 Special Session, January 29, 1952 City Council (OFFICIAL) Special Session, January 29th, 1952. Council met at 7;30 P.M Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu, City Manager Schiltz. Meeting called by order of Councilmen Welu and Kolb. Mayor Russo read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of receiving the preliminary report of the Engineers on flood control for the City of Dubuque, Iowa. Potation of the Dubuque County Dual Society asking that the City Council, through the Mayor, issue a proclamation, proclaiming Mon• day, February 4th, 1952 as Child- r'en's Dental Health Day in Du- buque, presented and read. Councilman Welu moved that the request be granted. Seconded by Councilman Kolb. Carried by the fouowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the Dubuque County Chapter of the National Founda- tion for Infantile Paralysis request- ing permission to conduct a Polio Tag Day on Friday, February 1st and Saturday, February 2nd, 1952, presented and read. Councilman Kolb moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Schueller. Carried lay the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Attorney M. H. Czizek, spokes- man for the Citizens Flood Control committee, and Mr. Frank Wagner, Chairman of .the Citizens Flood Control committee, addressed the Council and presented the flood control plan to the City Council. Mr. C. M. Stanley, Stanley En- gineer Company, who compiled the preliminary report on flood control for the City of Dubuque, Iowa, ad• dressed the Council explaining the details of the flood control plan. Councilman Welu moved that the flood control plan be referred to the City Council, City Manager, City Solictor, Planning & Zoninng Commisson and the Board of Dock Commissioners for study. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to adjourn. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved ................................ 1952 Adopted ............................ .... 1952 I I ................................... Councilmen. I I ................................... Attest :..................... . City Cerk. Regular Session, February 4, 1952 37 City Council (OFFICIAL) Regular Session, February 4tA, 19~. Council met at 7:30 P. M. Present ~- Councilmen Austht, Kolb, Schueller, Welu, City Mana• gee Schutt, Absent-Mayor Ruaw. Cwiacihaan Kolb moved that Councilman Welu be appointed Maya Pro Tem of the meeting. Seconded by Councilman Ausun. Carded by the following vale: Y~aa--Councilmen Ausun, Rolb, Schueller. Nays--None. Absent-Mayor Russo. Councilman Welu not voting. Maya Pro Tem Welu stated that ibis is the regular monthly meet- ing of the City Council for the pur• pose of acting upon such business as may ,,,.~ ~.,ly come before the meeting. Proof of publication, certified to by the publisher, of notice of public bearing on the notice of aupldemental estimate of taxes for the purpose of paying the cost of carrying out a fire station pro• gram, presented And read. No writ- ten objections filed and no ob• jeetora present fn the Council Chamber at the time set for said bearing. Councilman Kolb moved that the proof of publication be re• cdved and filed. Seconded by Coun- cilman Austin. Carried by the fol• lowing vote: Yeas -- Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays--None. Absent-Mayor Russo. Proof of publication, certified to by the publishers, of notke of the sale of =167,000.00 Fire Station Bonds, presented and read. Coun• climes Kolb moved that the proof o! publication be received and filed. Seconded by Councilmen Schueller. Cabled by the following vote: Yeas - Itaya Pro Tem Welu, Councilmen Auatfn, Kolb, Schueller. Nqs-None. Absent--Mayor Russo. Oral bids were called fa but ara-e ~,~.,, , received for iris purchase of Ci167,000.00 Fire Station Bondy. The folbwing sealed bids were then opened and read: Bid of Dubuque Bank A Trust Company, Offer to purchase ;187,000.00 of C[ty of Du- buque Fire Station Bonds dated February 1, 1958, and to pay for same at par of (;167,000.00 plus ac• trued interest to date of pagment at the rate of 3~°h per annum; Bid of Quafl ~ Co., Davenport, Iowa, and Becker di Cowrie, Inc., Des Moines, Iowa, For (;167,000.00 Fire Stauon Bonds bearing inter- est at the rate of three (3) per tent per annum, bid of par and a premium of 5;425.00 together with accrued interest. Councilman Aus• tin moved that Councll recess for the purpose of considering the bids submitted for the purchase of f787,000.0o F1re Station Bonds. Sec• onded by Councilman Schueller. Carried bq the following vote: Yeas -Mayor Pro Tem Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent--Mayor Ruaao. Council recaaed at 7:4A P. M. and reconvened at 7:45 P. M, Couneuman Austin moved that all bids submitted for the pur• chase of ;167,000.00 Fire Station Bmtds be rejected. Seconded by Councilman ,Kolb, Carried by the following vote: Yeas -•- Mayor Pro Tem Welu, Countllmen Austin, Kalb, Schueller. Nays-None. Absent-Mayor Russo. ItSgOLUTION N0. 2E~S4 Resolution providing for the sale of $167,000 Fire Station Bonds at private nle and rejecting all bids. Whereas notice of sale of X187; 000 Fire Station Bonds of the City of Dubuque, Iowa, has heretofore been given is sttkt compliance with the provisions of Chapter 75 of the Code of Iowa by publication of notice for two or more conaecu• five weeks ie a newspaper puir lisped and of general circuktion in Dubuque County, Iowa, sad the City of Dabugne, Iowa; Whereu atl sealed bkls have bran received and placed ae file, after which open bids were called fa end none received and thereafter such sealed bids were opened, the substance of the best sealed bid be• ing: Quail ~ Co., Davenport, Iowa, and Becker & Cowrie Inc„ Dea Moines, Iowa, par and a premium of X425.00 together with accrued