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1952 March Council Proceedings~~ Regular Session, March 3, 1952 91 City Council (OFFICIAL.) Regular Session, March 3rd, 1952. Council met at 7:34 P.M. Present-Mayor Russo, Council- men Austin, Sehueller, Welu. City Manager Schiltz, Absen~Councilman Kolb. Mayor Russo stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as, may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of hearing on resolution to establish Airport Zoning Regulations, pre- sented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Sehuel- ler moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Sehueller, Welu. Nays-None. Absent^Councilman Kolb. JOINT RESOLUTION N0. 52.52 REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH AND OTHERWISE REGULATING THE USE OF PROPERTY IN THE VICINITY OF THE DUBUQUE MUNICIPAL AIR- PORT BY CREATING AIRPORT APPROACH AND T U R N I N G ZONES, AND ESTABLISHING THE BOUNDARIES THEREOF AND HEIGI~T AND USE LIMITA- TIONS THEREIN; PROVIDING FOR VARIANCES FROM THE RESTRICTIONS AND BOUN- DARIES OF SUCH ZONES; DE- FINING CERTAIN TERMS USED HEREIN; PROVIDING FOR EN- FORCEMENT; ESTABLISHING A BOA D OF ADJUSTMENT; AND IMPOSING PENALTIES. In pursuance of the authority con- ferred by Chapters 329, 330 and 414 o[ the Cpde of Iowa, 1950, and amend- ments thereto and [or the purpose of promoting the public health, safety and general welfare of the Inhabitants of the City of Dubuque and the County of Dubuque, Iowa, by pre- venting the creation or establishment of airport hazards, thereby protect- ing the lives and property of the users of the Dubuque Municipal Air- port and of occupants of land and other persons in the vicinity thereof and preventing the destructon of impairment of the utility of said air- port and the public investment there- in, Be It Resolved by the Board of Su- pervisors of Dubuque County and by the Clty Council of the Clty of Du- buque, Iowa: Article I, Shots Title Section 1. This resolution shall be known and may he cited as the Du- buque Municipal Airport Zoning Res- olution. Article II. Definitions Section 1. As used in this resolu• lion, unless the context otherwise re- quires, certain terms and words shall be construed as provided in this Ar- ticle. Words used in the present tense shall include the future and the singlar shall include the plural and the plural shall include the sin- gular. Section 2, "Airport" means the Du- buque Municipal Airport and the lands embraced by the following descrip- tion, to wit: Lot 1 of the Southeast QQuarter of the Northwest Quarter, West one- half of the Northwest Quarter and the Southwest Quarter of Section 25; the Northeast Quarter, the East one- half of the Northwest Quarter and the Southeast Quarter of Section 27; the Northeast Quarter of Section 39; Lot 1 of the Northwest Quarter of the Northwest Quarter, Lot 2 of the Northeast Quarter of the Northwest Quarter and Lot 1 of the Northeast Quarter of the Northwest Quarter of Section 35 all in Township 88 North, Range 2 Eaat of the 5th Principle Meridian. Section 3. "Airport Hazard" means an. structure, tree or use of land which obstructs the air space re- quired for the flight of aircraft in landing or taking-oft at the airport or is otherwise hazardous to such landing or taking-off oP aircraft. Section 4. "Non -conforming" as applied to any structure, tree or use oP land, means that which does not conform to the regulations prescribed in this resolution ar amendments thereto as of the effective date thereof. Section 5. "Person" means any In- dividual, firm, partnership, corpora- tion, company, association, joint stock association or body politic and in- cludes any trustee, receiver, assignee or other similar representative there- of. Section 6. "Structure" means any obiect constructed, deposited or in- stalled by man, Including, but with- out limitation of the general mean- ing of said term, buildings, towers, smokestacks, overhead transmission lines and the supports therefor. Section 7. "Trees" means any ob- ject of natural growth. Section S. "Horizontal surface" means a surface or plane 1230 feet above sea level. Section 9. "Obstruction" means any tangible, inanimate object, natural or artificial, protruding above the ground. Section 10. "Usable Landing Area" means that portion oP the airport which is used or intended to be used for actual landings or take-offs o[ aircraft at the airport and described as follows: A strip of ]and 500 feet in width, 250 on each side of a cen- terline described as follows: Com- mencing at the North Quarter cor- ner of Section 34, Township 80 north, Range 2 East, thence South 195.0 feet, thence East 555.5 to point of beginning, thence North 4,900.0 feet; said strip being the North-South landing strip together with a strip of land 500 feet in width, 250 Poet ~`f 92 Regular Session, March 3, 1952 on each aide of a centerline de- scribed gs follows: Commencing at the North Quarter corner of Section 3i, Township 88 North, Range 2 East, thrnce Eaet 3,648.4 feet, thence North 5fi1.1 feet to point of beginning, thence North 45° 00 feet West b,fi0D.D0 feet; said strip being the NW-SE landing strip. Section 11. "Board" means the Airport Zoning Board of Adjustment created by the provisions of Article VI of this reaolutfon. Section 12. "Airport Reference Point" means that point from which the boundaries of the horizontal sur- face and the conical surface are measured, said airport reference point being as following described: Start- ing at the North Quarter corner of Section 34, Township 88 North, Range 2 East of the 5th P. M.; thence North 2,255.0 feet; thence East 1,365.0 Peet to a paint; said point being hereby designated as the airport reference point. Article III. Airport 2onea Section L In order to carry out the purpose of flits reaolutfon, air- port approach zones and turning zones aro created by thle Article em- bracing the area in and around the boundaries of the airport, which zones shall be as provided in this Article. Section 2. Non-lnetrument ap- proach zones are hereby established extending in a northerly direction and in a southerly direction beginning 200 feet outward from the north end and the south end, respectively, of the paved portion of the North•South run- way as the same is now in place on the airport and designated as runway 18-36. Said North-South run- way being 150 feet 1n width and with a centerline coincident with the cen- terline o[ the North-South landing strip as the same Is described in Article II, Section 10 of flits reso- lution; and extending in a north- westerly direction and in a south- easterly direction beginning 200 feet outward from the northwest end and the southeast end, respectively, of the paved portion of the northwest-south- east runway as the same is now in place on the airport and designated as runway 13-31. Said northwest- southeast runway being 150 feet in width and with a centerline coinci- dent with the centerline of the north- west•southeast landing strip as the same is described in Article II, Sec- tion 10 of this resolution. Such non- inatrument approach zones shall be bounded on the ground by the fol- lowing lines: (a) A straight line 200 feet outward from the runway end, perpendicular to the extended cen- terline oP said runway and extend- ing adistance o[ 200 feet on each side of the extended centerline of the said runway, (b) a straight line at the apposite end of sold zone 10,'l00 feet outward from the runway end, perpendicular to the extended centerline of said runway and ex- tending a distance of 1,200 feet on each aide of the extended centerline of the said runway, and (c) two straight lines connecting the ends of the aforesaid Linea which extend to the same aide of the projected centerline of said runway. Section 3. Turning zones are here- by established containing all of the area bounded on the ground by a circular line, all points of which are 12,000 feet from the airport refer- ence point. Article IV. Height Limitations Section 1, Except as otherwise pro- vlded in this resolution no structure or tree shall be erected, created, ea- tablished, planted or allowed to grow in any zone, described [n Article III of this resolution to a height in excess of the height limits established by this Article for the respective zones, nor shall any non-conforming struc- ture or tree be so replaced, rebuilt, altered, allowed to grow higher, ar replanted in any such zone as to extend to a greater height than the height thereof prior to such change or as to constitute a greater airport hazard than it was at the time of the adoption of the regulations herein contained or any amendments thereto. Section 2. No obstruction fn a non- Instrument approach zone shall pro- ject above a sloping plane beginning at the runway end oP said zone and at an elevation identical to the ele- vation of the runway end at the cen- terline, and extending upward and outward therefrom to the outer end o[ said zone, rising at the rate of one foot vertically for each forty feet horizontally. Section 3. No obstruction in the turning zone shall project above the horizontal surface, conical surface or transitional surfaces, which surfaces comprise said turning zone and are described as follows: (a) the hori- zontal surface is a plane, circular In shape, with an elevation o[ 1230 feet abovo sea level and bounded on all sides by a circular line, all points of which are 7,000 feet, measured horizontally, from the airport refer- ence point, (b) the conical surface extends upward and outward from the periphery of the horizontal surface, rising at a rate of one foot vertically for each 20 feet horlaontally meas- ured in a vertical planes pasaing through the airport reference point. The outside boundary o[ the conical surface is a circular line, al] points of which are 12,000 feet, measured horizontally, from the airport refer- ence point, (c) the transitional sur- faces are inclined planes eloping up- ward and outward to an intersection with the transitional surface or coni- cal surface at the rate of one foot vertically for eaoh seven feet hori- zontally, measured in vertical planes perpendicular to the centerlines of the runways. The transitional sur- faces, symmetrically located on each side oP each runway, extend upward and outward from ]Ines on either side of each runway, which are paral- lel to and level with the respective runway centerlines and at a distance of 200 feet from said centerlines. Trana[tional surfaces also extend up- ward and outward from the sides of all approach zone surfaces as same are described !n Section 2 of this Article. Section 9. In addition to the height limitations above provided, no obstruction shall project above the horizontal surface in any of the zones deacrlbed In Article III of this reao- lutfon. Article V. Restrictions on Use of Land and Non-Conforming Uaea Section 1. Notwithstanding any other provisions of this resolution, no use may be made of ]and in any of the zones deacrlbed in Artlcle III of flits resolution, In such a manner as to create electrical Interference with radio communications between aircraft and ground atatlona, make [t dltflcult for operators of aircraft to distinguish between lights on the airport Intended for old in landing or taking-off thereat or in aerial navlgatlon, and other lights, result Regular Session, March 3, 1952 93 in glare to the eyes of the operators of aircraft using the airport, impair visibility in any of said zones or otherwise make hazardous the land- ing or taking-off oP aircraft at the airport or the maneuvering at air- craft in connection with each landings or take-offs, provided, however, that the mere height of trees or structures on any land In said zones conforming to the height restrletions prescribed in Article IV of this resolution shall not constitute a use of land in vio- lation of this section. Section 2. Non-conforming uses. The regulations prescribed in this reaolutfon shall not be so construed as to require the removal, lowering, changing or altering of any noncon- forming structure or tree nor as to otherwise interfere with any non-coin farming use of land nor as to re- quire any change in the construction, alteration or intended use of any structure, the construction or alter- ation of which was begun prior to the effective date of this resolution and which is diligently prosecuted and completed within one year from the date thereof, provided, however, that the owner of any non-conforming structure or tree is hereby required to permit the city of Dubuque and Dubuque County or either of them, at the expense of such city or county to Install, operate and maintain there- on such markers and lights as shat] be deemed by such city or county to be necessary to indicate to the op- erators oP aircraft in the vicinity of the airport, the presence of such air- port hazards. Article Vi, Airport Zoning Board e of Adjustment F: Section 1. An Airport Zoning Board t of Adjustment is hereby established which shall consist of five members, y' two to be selected by the council of the city of Dubuque, two to be selected by the Board of Supervisors a: of Dubuque county and an additional member who shall act as Chairman oP the Board to be selected by a ma- jority vote of the members selected ~ by the city of Dubuque and the county ~, of Dubuque. The terms of the mem- hers of the Board shall be for five years except that when the Board shall first be created, of the mem- hers appointed by each municipality, 3 one shall be appointed for a term of two years and one fora term of four years. Section 2. The procedure and the conduct of the affairs of the Board ~; shall be in accordance with the pro- visions oP Section 414.9, Code of Iowa, 1950. Section 3. Appeals to the Board may be taken by any person ag- grieved or by an officer, depart- ment, board or bureau of any muni- cipality or political subdivision affect- ed by any decision of any admini- strative officer acting under the terms and provisions of this reso- lution. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board a notice ~ 01 appeal specifying the grounds thereof. The officer from whom the appeal ie taken shall forthwith trans- mil to the uoard al] the papers con- stituting the record upon which the action appealed from was taken. Section 4. An appeal shall stay all proceedings in furtherance of the ac- ~"" tlon appealed from, unless the of- float from whom the appeal Is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in hie opinion, cause im- minent peril to ]tie or property, In each case, proceedings shall not be stayed otherwise than by a restrain- ing order which may be granted by the board or by a court of record on application on notice to the of- ficer from whom the appeal is taken to the board and to the appellant and on due cause shown. Section 5. Powers. The Board of Adjustment shall have the following powers: (a) To hear and decide appeals where it is alleged there is error in any order requirement, decision or determination made by an admin• istrative official in the enforcement of this resolution, (b) Ta authorize in specific caeca such variances from the terms of this resolution as will not be con- trary to the public interest, when the board shall find that owing to spe- cial conditions a literal applcaton or enforcement of the regulatona would result n practcal difficulty or un- necessary hardship, if the variances are in harmony with the general pur- pose and Intent of flits resolution and Chapter 329 of the 1950 Code of Iowa and would do substantial jus- tice. The board in allowing variances may impose such reasonable condi- tions as it may deem necessary to effectuate the purposes of this reao- luton including the reservation et the right to the City fo Dubuque and Dubuque County or either of them at the expense of such city or county to install, operate and maintain such markers and lights as such city or county shall deem to be necessary to indicate to the operators o[ air- craft in the vicinity of the airport, the presence of an airport hazard. Secton 0. Every variation granted or denied by the board shall be ac- companied by a written finding o[ fact based upon sworn testimony and evidence specifying the reasons for granting or denying the variation. Section 7. In exercising its powers on appeal, the board may reverse or affairm wholly or partly or may mod- fy the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all of the powers of the officer from whom the appeal [a taken. Section 8. The concurring vote of a majority of the board shall be nec- essary to reverse any order, require- ment, decision or determination of any a.dminatratve oficlal or to de- cide in favor of the applicant on any matter on which it is tequired to pass under this resolution or to ef- fect any variation from the terms thereof. Section 9. Review of deoisions of the Board of Adjustment shall be in accordance with Sectona 414.15 to 914.19 inclusive of the 1950 Code of Iowa. Article VII. Enforcement Section 1. The regulations pre- scribed by this resolution shall be administered and enforced by the Airport Zoning Commission consti- tuted by a joint reaolutfon of the City of Dubuque, No. 90-51 enacted 3/5/51 and reaolutfon by the Board of Supervisors of Dubuque County adopted 3/13/61. Such commsaion may select an Administrator of Air- port Zoning Regulatlona to assist in the performance of its duties, none 94 Regular Session, Mazch 3, 1952 of whom shall be members of the Board of Adjustment. Section 2. Each violation of the regulations prescribed by this reso- lution or of any order or ruling pro- mulgated hereunder shall constituke a msdemeanor and the perpetrator thereof upon conviction shall be pun- ished by a fine of not to exceed 8100.00 or by imprisonment for a term not to exceed thirty days; and each day a violation continues to exist shall constitute a separate offense. Article VIII. Conflicting Regulations Section 1. In tho event of any con- flict between the requirements of this resoluton and any other regulations applicable to the same area, the more stringent limitation or regulation shall govern and prevail Article IX. Severability Section 1. If any of the provisions of this resolution or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or appli- cations of this resolution which can be given effect without the invalid provision or application, and to this end, the provisions of this resolution are declared to be severable. Article X. ENective Date Sectfpn 1. This resolution shall be in full force and effect upon its passage by the City Council of the City of Dubuque and by the Board of Supervisara of Dubuque County and upon its publicat[on as provided by law. Adopted by the Board of Super- visors of Dubuque County, Iowa, this 4th day of March, 1952. JOE BAULE CLARENCE HAMMERAND HERBERT R. ORR Attest; Harold P, Meloy, County Auditor Adopted by the City Council of Du- buque; Iowa, this 3rd day of March, ]952. ROMOLO N. RUS90 Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N, SCHUELLER Councilmen Attest: J. J. Shea, City Clerk Published officially in The Tele- graph-Herald newspaper this 14th day of March, 1952. J. J. SHEA, 1t Mar. 14. 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, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Proof of publication, certified to by the publishers, of notice of time and place of hearing on proposal to dispose of the Southerly 32.55 feet of the Northerly 182.55 feet of the South part of Lot 2 of 3 of toe Subdivision of Mineral Lot 158 to Florence Moy Clark, presented g1-d read. No written objections filed and no objectors present in the Council Chamber at the tome set for said hearing. Councilman Austin moved that the proof of publication be re• ceived and filed. Seconded by Cotncilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb, RESOLUTION ND. 40.52 Whereas the Park Board of the City of Dubuque has certified to the City Council its Resolution ftnding that the following described prop- erty: The South part of Lot' 2 of 3 oP Mineral Lot 158, according to the recorded plat thereof, in the City of Dubuque, Dubuque Coun- ty, Iowa, is no longer fit or desirable for park purposes; and Whereas the City of Dubuque has heretofore entered into an agreement for exchanging easements with Flor- ence May Clark, which agreement provided that the City of Dubuque would grant her an easement for a street not less than fifty (501 feet in width across said real estate; and Whereas the said Florenae Moy Clark has agreed to accept a quit claim deed of the City of Dubuque to the Southerly 32.55 feet of the north- erly 182.55 feet of the south par[ of Lot 2 of Lot 3 of the Sub- division of Mineral Lot 158 in the City of Dubuque, Dubuque County, Iowa, in Pull satisfaction of all claims of any nature she may have arising out of said agreement; Now Therefore Be it Resolved by the City Council of the City oP Du- buque: Section 1. That the Mayor and City Clork are hereby authorised and empowered to execute the quit claim deed of the City of Dubuque, releasing and conveying to Florence Moy Clark all of its right, title and interest in and to the Southerly 32.55 feet of the north- erly 182.55 feet of the south ppart of Lot 2 of Lot 3 of the Sub- division of Mineral Lot 158 in the City of Dubuque, Dubuque County, Iowa; Section 2. That upon the receipt from the said Florence Moy Clark of her properly executed release, releasing The City o4 Dubuque and its successors or assigns from any and all claims or obligations arising out of said exchange of easements, or of any kind and nature, the said Mayor and City Clerk are hereby authorized and empowered to deliver said quit claim deed to the said Flor- ence Moy Clark; Section 3. This Resolution shall be in full force and effect from and after its final passage, adoption and publication as provided by law. Approved and placed on ale this 4th day of February, 1952. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P, WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest; Councilmen, J. J. Shea, City Clerk. Published officially in The Tele- w Regulaz Session, March 3, 1932 95 graph-Herald newspaper this 7th day of March, 1952. J J SHEA, 1tMar7 City Clerk, Councilman Austin moved the ` adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: i Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. ~ Nays-None. Absent-Councilman Kolb. Proof of publication, certified to by the publishers, of notice of y public hearing on plans, specifica- tions, contract for and cost of improvement for the remodeling of Fire Station No. 1 at 18th Street and Central Avenue, esti- mated cost $49,5QO.OQ, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Austin moved that the pray of public~- tion be re(eived and filed. Sec- onded by Councilman Welu. Car- , ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- city and hearing upon proposed plans and specifications, form of contract and cost of improvement for the remodeling of Fire Station No. 1, presented and read. ~: No written objections filed and t' no objectors present in the Coun- ~' cil Chamber at the time set for said hearing. Councilman Austin moved thak the proof of publica- tion be received and filed. Sec- ` onded by Councilman Schueller. Carried bq the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. ~ Absent-Councilman Kolb. ~ RESOLUTION N0. 49-52 Whereas, proposed plans, speci• ~ fications and forms of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on ~: ~~ file in the office of the City Clerk Ali showing among other things an estimate oi' cost #or the remodel- ing of Fire Station No. 1 at 18th and Central. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners have objections on file with the City Clerk to the amount of the pro- posed cost of improvements, they shall be deemed to have waived all objections thereto. Said improvement shall be done in accordance with the plans and specifications which have been pre- pared by Durrant and Bergquist, Architects, Dubuque, Iowa, which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of said .remodeling will be paid out of the General Fund when a contract has been per- formed and accepted. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of February, 1952. Passed, adopted and approved this 3rd day of March, 1952. Approved: ROMOLO, N. RUSSO, Mayor. CLARENCE P. WELU, 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, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Mt. Ver- non Court from the West property line of South Grandview Avenue to the end of the street, pre- sented and read. No written ob- jections filed and no objectors present in the Council Chamber ~'. 96 Regular Session, March 3, 1952 at the time set for said hearing. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. February 29, 1952 Mr. Laverne J. Schiltz City Manager Dubuque, Iowa. Dear Mr. Schiltz: Due to a business trip out of the city, I will be unable to attend the City Council meeting on Mon- day, March 3. I understand the paving of a street for Mt. Vernon Court is scheduled for discussion at tlris meeting, As a groperty owner on Mt, Vernon Court, I am very anxious for this project to go through. I believe a 25 ft. con- crete street with no curb or gutter would be ideal. I am writing this letter with the hope that you will pass on my feelings to the City Council mem• hers. Thank you for your cooperation. Very truly yours, Arthur Trausch, Jr. Councilman Austin moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements. ) RESOLUTION N0. 53-52 Whereas, proposed plans and specifications and form of con- tract for the improvement of Mt. Vernon Court from the west prop- perty line of South Grandview Avenue to the end of the street have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and tiae time and place fixed #or the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 3rd day of March, 1952, and Whereas, the City Council met in regular session this 3rd day of March, 1952, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro posed plans, specifications or con- tract for or cost of the improve- mentherein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica• tions and form of contract here- tofore approved are h e r e b y adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of con• tract for or cost of said improve- ment bemade amatter of perma- nent record in connection with said improvement. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councllman Austin moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. i i Regular Session, March 3, 1952 97 (Necessity for Improvement) RESOLUTION N0. 36-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as• sessed togther with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Mt. Vernon Court from the west property line of South Grandview Avenue to the end of the street. Be It Therefore Resolved that the City Council upon petition of property owners, deems it advisa• ble for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed' as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Improvement bonds shall be is• sued and sold in anticipation of deferred payments of assessments when a contract has ~ been per- formed and accepted and the pro ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of February, 1952. The foregoing ,resolution was finally passed and adopted, as pro- posed, by the City Council this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Ordering Construction) RESOLUTION N0. 542 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of neces- sity No. 36-52 which was duly passed by this Council, for the im- provement of Mt. Vernon Court from the west property line of South Grandview Avenue to the end of the street be and the same are hereby ordered and constructed by this Council with the petition of property owners. All the work shall be constructed in accord- ance with the plans and specifica• lions heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether ~~ 9S Regular Session, March 3, 1952 such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds, except as otherwise provided by petitions and waivers now on file or hereafter obtained. Payment will he made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and be is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 42 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 3rd day of March, iss2. Councilman Schueller moved that the resolution just read, being a resolution ordering a street im- provement 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 adoption, Seconded by Councllman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays~None. Absent-Councilman Kolb. (Ordering Construction) RESOLUTION N0. 34-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 75-51 which was duly passed by this Council, for the construction of an eight (8) inch vitrified file sanitary sewer in Mt. Vernon Court be and the same are hereby ordered and constructed by this Council upon the petition of property owners. All the work shall be constructed m accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately ownedproperty lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the terms and eenditions of the petitions and waivers of abut- ting and adjacent property owners now on file, and any deficiency will be paid out of the sanitation fund of the city. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued io anticipation of de• ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law, the said Im- provements shall be completed on or before the 21 days after notice to proceed is issued. Be It Further Resolved that this resolution shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 4th day of Febr- uary, 1952. Passed, adopted and approved this 3rd day of bfarch, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Austin moved the Regular Session, March 3, 1'952 99 adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of pro- posals for the construction of an eight (8) inch vitrified file sani- tary sewer in Mount Vernon Court, presented and read. Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. March 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A.M. on March 3rd, 1952 for the construction of a sanitary sewer on Mt. Vernon Court. At- tached is the tabulation of bids received. I recommend that the contract be awarded to the Willman Com- pany of Cedar Rapids who sub- mitted the lowest bid received which was 22.41 percent under the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Welu 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, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Awarding Contract) RESOLUTION N0. 55-52 Whereas, proposals have been submitted by contractors for the construction of an eight (8) inch vitrified file sanitary sewer in Mount Vernon Court purusant to Resolution No. 34-52 and The Willman Company of Cedar Rapids, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to The Willman Company of Cedar Rapids, Iowa and the Man• agar be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on March 3rd, 1952. Councilman Welu moved that the resolution just read, being a resolution making a contract be now considered in form for final passage and further moved 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 adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. IN THE DISTRICT COURT OF IOWA IN AND FOR DUBUQUE COUNTY JANUARY TERM, A.D. 1952 City of Dubuque, Iowa a Municipal corporation, Plaintiff EQUITY No. 33339 vs LeRoy Stoffel, et al, Defendants. JUDGMENT AND DECREE Now on this 7th day of February, A.D. 1952, being a regular term day of the January, 1952 Term of the above entitled Court, and the Court being in session, the above entitled action came on for hear- ing, the plaintiff being represented by its City Solicitor and defend- ants William Jenni and Ethel 100 Regular Session, March 3, 1952 Jenni being represented by their attorney Louis F. Fautsch, and na other defendants having ap- peared or being represented by counsel, and the Court having heard the evidence finds: i. That all parties defendant, and all property owners as shown by the plat book of the County Auditor of Dubuque County, Iowa, have been served with Original Notice of this action by publication in the Telegraph Her- ald, anewspaper of general circu- lation in Dubuque County, Iowa, once each week for three succes- sive weeks, the first of which pub- lications was on the 2nd day of January, 1952, and the last on the 16th day of January, 1952, and which notice required all parties defendant to appear before this Court in answer to plaintiff's pe- tition herein on or before Febr• uary 6, 1952; 2. That all defendants herein, ezcept William Jenni and Ethel Jenni are in default for want of appearance or pleading; 3. That the Citq of Dubuque, Iowa, plaintiff, herein, is a munici- pal corporation organized under the Laws of Iowa; 4. That on November 6, 1951 at the regular municipal election held pursuant to Resolution No. 339-51, adopted by the City Council of the City of Dubuue, Iowa, on Septem- ber 25th, 1951, a majority of the voters of the Cily of Dubuque vot- ing, voted to annex the following described unincorporated area to the City of Dubuque: Commencing at the present City limits line at the northeast corner of the Southeast ~/a of the Northeast ~/a of Section 15, Township 89, North, Range 2 East, thence west 1320 feet, thence south 1320 feet, thence west 1320 feet to the center of Sec- tion 15, Township 89, North, Range 2, East, thence west 660 fet, thence south 2640 feet to the south section line of Section 15, Township 89 North, Range 2 East, thence west along said section line to a point 33 feet east of the southwest cor- ner of Section 15, Townshiip 89, North, Range Z East, thence south 13?A feet, thence west 33 feet, to the southwest corner of the northwest 'l ~/a of the Northwest ~/a of Section J 22, Township 89, NorthL_Ran~,e.-2lJ -thence south along the west section line of Section 22 to the southwest corner of Section 22, Township 89 North, Range 2 East, thence south 1320 feet along the west section line of Sec. 27, Town- ship 89 North, Range 2 East, thence east to intersect with the south property line of Ridgeway Avenue in Leno Addition, thence souther- e a s t e r l y along the souther- ly ine of Leno Addition to the west property line of Delhi Road, thence south to the southerly line of U, S. Highway No. 20, thence south 300 feet, thence easterly paralel to U. S. Highway No. 20 to the exist- ing City limits; all in Dubuque County, Iowa. 5. That the property owned by William Jenni and Ethel Jenni de- scribed as: Lot 2 of 1 of 1 of West '/z of the Northwest ~/a of the Northwest ~/a of Section 27, Township 89, North, Range 2 East; Lot 2 of the East ~ of the North- west '/a of the Northwest'/a of Sec- tion 27, Township 89, North, Range 2 east; ' Mineral Lot 248; Lot 2 of 2 of Bonson Farm Addition, in Dubuque County, Iowa, is rough and unin- proved land and not suitable for urban development; 6. That the property proposed to be lying south of a line 205 feet south of and parallel to the center line of U. S. Highway 20 and west of Lot 2 of Lot 1 of Lot 1 of George Jecklin Farm is rough and unim- proved land and not suitable for urban development; 7. That in order to provide the inhabitants of the remaining area proposed to be annexed, with the benefits of- City Government, in- cluding police and fire protection, it is necessary that such area be Iowa and that the City of Dubuque, Iowa and that the City of Dubuue, Iowa, is capable of extending into such area substantial muncipal be- nefits and services not now en- joyed by such territory; 8. That such annexation is not proposed merely for the purpose of Regular Session, March 3, 1952 101 increasing the municipal revenues of the City of Dubuque; 9. That the Court has jurisdiction of the parties and the subject mat- ter herein; NOW THEREFORE, IT IS OR- DERED, ADJUDGED AND DE- CREED: 1. That the parties defendant ex- cept William Jenni and Ether Jenni are in default; 2. That the following described area is hereby annexed to and made a part of the City of Du- buque, Iowa, to-wit: All that area encompassed by a line commencing at the northeast corner of the southeast ~/a of the Northeast ya of Section 15, Township 89, North, Range 2 East; thence west 1320.feet; thence south 1320 feet; thence west 1320 feet to the center of Section 15; Township 89, North, Range 2 East; thence west 860 feet; thence south 2640 feet to the south line of Section 15, Town• ship 89, North, Range 2 East; thence west along the south line of Section 15, Township 89, North, Range 2 East to a point 33 feet east of the southeast corner of Sec- tion 15, Township 89, North, Range 2 East, thence south 1324 feet; thence west 33 feet to the southwest corner of .the horth_west ~/a of the northwest ~/a of Section 22, Township 98, North, Range 2 East; thence south along the west section line of Section 22, Township 89 North, Range 2 East to the southwest corner of Section 22; thence south 92U feet along the west section line of Section 27, Township 89, North, Range 2 East; -tltence east to the northeast corner of Lot 2 of 1 of 1 of the West '~ of the Northwest ~/a of the Northwest ~/a of Section 27, Township 89, North, Range 2 East; thence south to the northwest corner of Lot 2 of the East ~ of the Northwest ~/a of the Northwest ~/a of Section 27, Township 89, North, Range 2 East; thence east to the west line of Min- eral Lot 248; thence north to the northwest corner of Mineral Lot 248; thence southeasterly along the north line of Mineral Lot 248 to the northwest corner of Lot 2 of 2 of Bonson Farm Addition to the City of Dubuque; thence southeasterly along the north line of said Lot 2 of 2 to the south line of Ridgeway Avenue in Lenox Addition; thence southeasterly along the southerly line of said Lenox Addition to the west line of Delhi Road, thence south to a point 205 feet south of the center line of U. S. Highway 20; thence southeasterly along a line parallel to and 205 feet south of the center line of U. S. Highway 20 to the west line of Lot 1 of 2 of Lot 1 of Lot 1 of George Jecklin Farm: thence southwesterly along the west line of said Lot 1 of Lot 2 of Lot 1 of Lot 1 for a distance,of 175 feet; thence southeasterly along a~ line 380 feet south of and parallel to the center line of U. S. Highway No. 20 to the east line of section 27, Township 89 North, Range 2 East; thence north along the former cor- porate limits to the point of be- gining; all in Dubuque County, Iowa, and subject to the jurisdiction and laws of the City of Dubuque, Iowa; 3. That the City of Dubuque, Iowa pays the costs of this action. John G. Chalmers Judge, XIX Judical District of Iowa Councilman Welu moved that the Judgement and Degree be received and made a matter of record. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Dubuque, Iowa February 25, 1952 Mr, Romolo N. Russo, 520 B. & I. Bldg, Dubuque, Iowa. My dear Mr. Russo: If you never do another thing for your city you have done enough in fostering the Ordinance Book to earn-our everlasting gratitude. It is a major achievement. Con- gratulations: Sincerely yours, F. E. Bissell. Councilman Schueller moved that the communication be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent--Councilman Kolb. ~_ ~... ~~ v ?~ J 102 Regular Session, March 3, 1952 Notice of Claim of W. J. Cantillon in the amount of $300.00 for in- juries received by his wife in a fall on an icy sidewalk at 793 West Third Street, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for recommendation and report. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Notice of Claim of Miss Lydia Kelsey in the amount of $250.00 for injuries received in a fall while crossing on the crosswalk at 8th and Main Streets, presented and read. Councilman Austin rhoved that the Notice of Claim be referred to the City Solicitor for recommen- dation and report, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. OHIO CASULTY INSURANCE COMPANY February 7. 1952 Honorable Mayor and City Council of the City of Dubuque, Iowa Re: Bond 538201-10, M. L. Gaber & Company We are pleased to approve the 90 day extension of time you have given M. L. Gaber & Company for completion of the work far which above bond is filed. Very truly yours, J. Weir Carson Bond Manager. Councilman Schueller moved that the communication be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, American Surety Company of New York Des Moines, Iowa February 15, 1952. City Clerk Dubuque, Iowa Dear Sir: We are sending you herewith, for filing, Revocation of Power of Attorney No. 29002, now on file in your office, authorizing the ex• ecution of certain bonds and un- dertakings on behalf of this Com- pany when signed by C. H. Sanner as Attorney in Fact. Very truly yours, R, W. Clearman, Manager. Councilman Schueller moved that the communication be received and made a~ matter of record and the Revocation of Power of Attor- ney placed on file, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Comunication of Miss Hilda Die- terich stating that she desires a piece of property lying between Lot 33 and Lots 28 and 29 in J. P. Schroeder's Addition, presented and read. Councilman Austin moved that the communication be re- ferred to the Planning and Zoning Commission for recommendation and report. Seconded by Council• man Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. Comunication of P. J. Houser, Director, Division of Public Health Engineering, State Department of Health, extending invitation to the City of Dubuque to be represented at a joint conference to be held at Davenport, Iowa, March 7, 1952 on pollution control of the Missis- sippi River, presented and read. Councilman Austin moved that the communication be referred to the City Manager to handle as he sees fit, Seconded by Councilman Sch- ueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent Councilman Kolb. Dubuque, Iowa Feb. 14, 1952 To the Honorable Mayor and City Council: Gentlemen: We the undersigned do hereby petition the Honorable Body of the City of Dubuque to approve the con- Regular Session, March 3, 1952 .103 struction of curb and gutter and street surfacing on Bradley Street from Randall Street to Ryder Street 'h at the earliest possible date. f- Location of Lots: - ~, Grandview Park Addition, Block 4, W'/z Lats 27, 28, 29, 30, 31, 32. Grandview Park Addition, Block 4, Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26. Grandview Park Addition, Block 7E~/z of Lots 1, 2, 3, 4, all of 5. Petitioners signatures John Lagen k. ; Martha Roehl Oscar Solberg Councilman Welu moved that the petition be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen t Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Joseph F. McMahon and Val L. Kies requesting the construction of a sanitary sewer in Apple Street abutting their prop- erty, extending from the present sewer in Rush Street to a point ap- proximately two hundred and five feet north along Apple Street, pre- sented and read, Councilman Austin moved that the petition be received and placed on file and that a plat and schedule be prepared provid- ing proper waivers are secured from the property owners. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. > ' Nays-None. Absent-Councilman Kolb. Petition of Framk H. Schepple and ,t others requesting that National Street from Muscatine Street to Burlington Street intersection be i'` graded, curbed and surfaced, pre- sented and read. Councilman Schueller moved that a plat and tip schedule be preparced covering the request. Seconded by Councilman Welu. Carried by the following vote: ~ Yeas-Mayor Russo, Councilmen I Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. Petition of The Ideal Plumbing I and Heating Company requesting i ' I permission t4 exFgvate in the streets of the City of Dubuque in accordance with Ordinance No. 45-51, presented and read. Council- man Austin moved that the request be granted. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of E. C. Frudden, Chair- man, Naval Reserve Advisory Council, requesting the City Council to provide paving in front of the Naval Reserve Training Center and whatever distance the Council would recommend on either side of the building to provide the river front with an all weather pave- ment, presented and read. Council- man Austin moved that the petition be referred to the City Manager for study and recommendation. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of the Fitzhugh Lee Aux- ilary requesting permission to sell carnations on the last Friday evening and Saturday of Apri1,1952, presented and read. Councilman Welu moved that the request be granted providing there are no con- flicting dates. Seconded by Council- man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Mr, and Mrs. Roger F. Huff and others requesting that Burlington Street from National Street to the south end of Burling- ton Street be surfaced, curbed and guttered, presented and read, Coun- cilman Schueller moved that a plat and schedule be prepared covering the request. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Lloyd Dieter and others, property owners, protest- 104 Regular Session, March 3, 1952 ing against the proposed improve~ went of Woodworth Street, consist- ing of curb and gutter and resur- facing, presented and read. City Manager Schiltz submitting verbal recommendation that Woodworth Street be deleted from the list of streets proposed to be improved. Councilman Welu moved that the verbal recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Mrs. Glenn Ball and others, residents of the West 16th Street area West of Montrose Ter- race, requesting the City Council to consider the opening of West 16th Street to continue travel in the 500 and 600 block, presented and read. Councilman Schueller moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Communication of Loras College stating that they are willing to ded- icate for street purposes a strip of ground fifty (50) feet in width along the westerly edge of Out Lot 472 so as to connect West 16th and West 17th Streets under certain conditions, presented and read. Councilman Schueller moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, Petition of Joseph D. Leonard re• questing the City Council to extend the sanitary sewer on Cherry Street about 130 feet from the present manhole which is in front of Lot 220 on Cherry Street in order that his property the Westerly 78 feet of Lot 189 of Finley's Addition can be served with san- itary sewer connection, presented and read. Councilman Austin moved that the petition be referred to the City Manager to confer with Mr. Leonard. Seconded by Council- man Schueller. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Earl J. Bock request- ing the City Council to zone the recently acquired property south and southwest of Highway 20 to Light Industrial area, presented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Com- mision for their recommendation and report. Seconded by Council- man Welu, Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Albert A. Trumm, requesting a refund in the amount of $25.00 on the unexpired portion of his Cigarette Permit No. 81, as be has discontinued business on February 4, 1952, presented and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a• war- rant in the amount of $25.00 in fa- vor of Albert A. Trumm to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No, 81. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of William L. Lonergan requesting permission to connect Lot 2, Block 2 on Avalon Street with the sanitary sewer in Avalon Street, presented and read. Coun- cilman Austin moved that the pet- ition be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Dubuque Safety Coun- cil requesting that a careful study be made of a hazaad that now ex- ists on Dodge Street between Booth Regular Session, March 3, 1952 105 Street and Grandview Avenue re- lative to accidents and traffic tieups on this street, presented and read. Councilman Austin moved that the petition be referred to the City Council to view the grounds. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Mr. & Mrs. Robert L. Baa~mhover and others request- ing the opening of the alley be- tween Windsor Avenue and Buena Vista Street and between Strauss and Lowther Streets, presented and read. Councilman Welu moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Joseph C. Lytle and others, property owners of Grand- view Park Addition from 605 to 649 South Grandview Avenue, re- questing the opening of an alley from Rider Street to Bradley Street at the rear of their proper- ties, presented and read. Council- man Austin moved that the pet- ition be referred to the City Coun- cil to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Highland Realty Com- pany and others requesting the ex- tension of the sanitary sewer on Kane Street above Primrose Street, presented' and read. Councilman Welu moved that a plat and sched- ule be prepared covering the re- quest. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Honorable Mayor and Members of the Dubuque City Council Gentlemen; The Park Board of the City of Dubuque is desirous of selling a piece of property owned by it and described as Lot 2 of Lot 1 of Lot 2 in L. H. Langworthy's Subdi- vision of Out Lots Nos. 676, 677, and Lot not numbered on Official Plat of Dubuque, betweenn Nos. 677 and 678 of Dubuque, Iowa, to Charles LePert. We have ben advised by the City Solicitor's office that the City Coun- cil must adopt a resolution con- senting to such transfer, and we are accordingly enclosing a Res- olution for your adoption in con- nection herewith. We respectfully request that this Resolution be adopted. Respectfully submitted, PARK BOARD OF THE CITY OF DUBUQUE, IOWA. By Art M. Bennett Chairman By Leo J. Clemens Secretary Councilman Austin moved that the petition be received and made matter of record. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. RESOLUTION N0. 56-52 WHEREAS the Park Board of the City of Dubuque, Iowa has un- animously agreed to sell a piece of Park Property to Charles Le- Pert, of the City of Dubuque, Iowa; and WHEREAS said property is de- scribed as Lot 2 of Lot 1 of Lot 2 in L. H. Langworthy's Sub-division of Out Lots Nos. 676, 677 and Lot not numbered on Official Plat of Dubuque between Nos. 677 and 678 of Dubuque, in the City of Dubu- que, Iowa; and WHEREAS the Park Board has caused to be prepared, a plat of the premises above described, giv- ing the proper legal description to said property; and WHEREAS said Park Board has determined that said property is no longer fit for Park purposes; and WHEREAS the Park Board has requested that the City Council ap- prove the plat as prepared by the Park Board, and also approve the 106 Regular Session, March 3, 1952 action taken by the said Park Board in conveying said premises to the said Charles LePert; and WHEREAS the City Council does deem it advisable and in the best interests of the City of Dubuque to approve the plat as prepared by the Park Board and also approve the action taken by the said Park Board in conveying said premises to the said Charles LePert: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the plat of said above described premises caused to have been pre- pared by the Park Board of the City of Dubuque, Iowa be and the same is hereby approved. BE IT FURTHER RESOLVED by the City Council of the City of Dubuque that the proposed con- veyance of Lot 2 of Lot 1 of Lot 2 in L. H. Langworthy's Sub-division of Out Lots Nos. 676, 677, and Lot not numbered on Official Plat of Dubuque between Nos. 677 and 878 of Dubuque, in the City of Dubuque, Iowa, by the Park Board of the City of Dubuque, Iowa, to Charles LePert, be and the same is hereby approved. Passed, adopted and approved this 3rd day of March, 1952, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Council Proceedings for the month of October, 1951, presented for approval. Councilman Schuel- ler moved that the Council Pro- ceedings for the month of October, 1951 be approved as printed. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, Proof of publication, certified to by the publishers of a statement of receipts and also a list of claims for which warrants were drawn during the month of January, 1952, presented and read. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Proof of publication, certified to by the publishers, of Resolution No. 32.52, a resolution approving vaca- tion of Plat of Strub's Subdivision in Dubuque County Iowa, and approv- ing the Plat of Strub's Subdivision in Dubuque Township, Dubuque County, Iowa, presented and read. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Proof of publication, certified to by the publishers, of Ordinance No. 3.52, an Ordinance authorizing the issuance of $187,000 Fire Station Bonds and providing for the levy of taxes to pay the same, pre- sented and read. Councilman Aus- tin moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. ORDINANCE N0, 4-52 Ordinance directing the instal- lation of sanitarey toilet facilities and sewer connections on certain described property; providing for the assessment of cost thereof and repealing all ordinances or parts of ordinances in conflict herewith, said ordinance having been passed upon first reading 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. 452 Ordinance directing the installa• tion of sanitary toilet facilities and sewer connections on certain de- scribed property; providing for the Regular Session, March 3, .1952 107 assessment of cast thereof and re- pealing all ordinances or parts of :, ordinances in conflict herewith. ~; WHEREAS, on the 5th day of No- vember, 1951, the City Council of the City of Dubuque acting as the Board of Health ordered sanitary toilet P'' facBties and sewer connections in- stalled on the following described real estate owned by Gladys C. Wunder- , li ~ t• 2724 I Addition, East La gworthy t of and WHEREAS, after notice, said order had not been complied with; and WHEREAS, the existence of the r tonet facilities on said property con• stitutes a nuisance; ~ ° NOW, THEREFORE, Be It Resolved By the City CouneR of Dubuque: Section 1. That the City Manager is hereby instructed and ordered to in- i~' elan sanitary toilet faclities and sewer connections on said property and re- move all other toiet facilities thereon. Section 2. That upon the completion of such work, the City Manager shall certify the cost thereof to the City r ~ Clerk, who in turn shall certify such G ' cost to the County Auditor of Dubuque County, Iowa, who shall assess the same against the above described real estate and shah khereafter be collected with and in the same manner as gen• eral property taxes in ten equal installments with one installment pay able in each of the years 1953 to 1962 inclusive. Section 3. That an ordinances or resolutions or parts thereof in con• fliet herewith are hereby repealed to the extent of such conflict. Section 4. Th(s ordinance shalt be in full force and effect from and after Its final passage, adoption and publication as by law provided. i Introduced this 4th day of February, 1952. Rule requiring three separate read• s iags ,suspended by three-quarters vote this 9th day of February, 1952. Passed, adopted approved this 3rd day of March, 1952, Romola N. Russo Mayor. ~ Clarence P. Welu Ruben V. Austin ; Leo N. Schueller ~, Councilmen. Attest: J.J. Shea City Clerk. Published officially in The Telegraph- Herald newspaper this lOtti day of March, 1952. J. J. SHEA, It Mar. 10. City Clerk. ~ Councilman Austin moved the `' ~f : adoption of the ordinance, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen ~ ~ Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Ordinaiue No. 1~2 An ordinance establishing a i single ward for the city of Dubuque k and dividing the same into elec- tion precincts, establishing such precincts and defining the bound- aries thereof: and repealing Ordin- 'l ante No, 159, presented and read. Councllman Austin 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, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Councilman Austin 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, Schueller, Welu. Nays-None. Absent-Councilman Kolb. ORDINANCE N0. 1~2 An ordinance establlahing a single ward For [he City of Dubuque and dividing the same into election pre- cincta, establishing such precincts and defining the boundaries thereof; and repealing Ordinance No. 159. Be it Ordained by the City Council aP the City of Dubuque: Section 1. That Ordinance No. 159 be and the same ie hereby repealed. Section 2. That all of the terri- tory embraced within the corporate limits of the City of Dubuque shall he confined within a single ward, which ward shall be co-extenalve with the limits of sold city. Section 3. That for the conveni- ence of its citizens and to facilitate the casting of ballots at elections, the ward hereby created shall be divided into sixteen (16) precincts, the boundaries of which shall be av set forth in Sections 9 to 19 hereof inclusive. Section 4. The boundaries of the First Precinct shall be: First Precinct Commencing at the easterly limits of the city, thence proceeding west- erly on the north line of Linheln'e Subdivision to Laurel street, thence southwesterly on the northwesterly line of the Subd[vision of Mineral Lo[ 20 to the eautheasterly lot nne of Lot 19 aP Rowan's Addition, thence southwesterly along said lot line to a point where the same is intersected by the quarter section line of Sec- tion 35, thence westerly to the south of said quarter section line to the center of Section 36, thence westerly along said quarter section line to a point where said section line In- tersects Southern avenue, thence northeasterly along the westerly aide of Southern avenue to Samuel street, thence northwesterly on the west- erly side of Samuel street to Levi street, thence northeasterly across Samuel street at Levi street, thence southerly on the east aide of Sam- uel street to Southern avenue, thence northerly on the weal side of South- ern avenue to Valley street (exclud- ed from this precinct, however, are all residents located upon both aides of Southern avenue and Samuel street within the boundaries of the precinct described) and thence north- westerly an the southwesterly side of Valley street to Quinn street, thence northerly on the west side of Quinn street to Union street, thence north- t08 Regular Session, March 3, 1952 .- f erly oA .the west side of Anton street . West ThirrRd" street produced{ too ' n to $iaing street, thence weaterlY on !•..--• N~,~/ ~S9 d a a n the south aide of Rlaing strnentthe thence weaterlY dge std'eet p ec eal along thence aouth a point ose hundred and nUtety t , g south aide of podge street to SoutA n the o oaY ~~II 90'~ 1 Ceh feet ~ Hill sheet, thence southerly o t ajde of South Hill street to 2 0 h n a nothwestey)y No• a line parallel to and one hundFe eas Grandview avenue, thence across Henderson t north {ruin and ninety feet (190') Highway f U S o Grandview avenue on the thence southwesterly . • the center Ups o n h e~s ~ U nt E street, east side of Henderaont~nce souihe o en t llne city Ilmit west hundred and five end of said street, westerly on a line drawn horn Hen 0r- to a point two feet (E05') south of the center line e deiwon ~,~ to ~e nortkweak e thence south- of U. S. Highway No. 20, thenc line parallel nor .of Min. Lot 137, the ,west lino of Mop, Lot southeasterly along a to and two bandied and R f srly ~ same 137, thence puuthedy ~}~'w yt coi._ xtepded to the of line (205') south of the center Highway No. 20 to the west S U tine Q thence south- aer "of 1[in. Lot 1E5, ~ Min Lot . • )ins of lot 1 of lot 2 of lot 1 of lot thence f . ,,~y ua the west )lne h e e arm, i of George 3ecklia uthwesterly along the west line 135))to t abe westerlY on e thence Lot t so of said lot 1 at lot 2 of lot 1 of lot , MI> . north line of Ali of ~idlMluo I.ot, li e rthw~ C0~ 1 for a dlstapce of one hundred and seventy-five feet (175'), thence south- n the west no thence southerly ~ t 127 and Min. Lat 124 L easterly alon6 a line three hundred hty (380') south of and parai- d ei o of Min. the quarter section line of S ald g an lei to the center line of U. S. Ht$h- to c tion 35, thence westerly a1o g t the c t way No: 20 to the seat line of Sec- thence south along o quarter section line ng alo theac~ sontllerlY th tlon 35 f Se lion 27, T89NREE, said section Ilne to the south city f , £ e o the quarter 'section tt#e f~° the south limits, thence east to the po)nt o beginning. eenLer of ,gection 86 to Umlte ad flee City, thence ens City 8 The boundaries of We alea8 the sout4 limits of the `',. ! dho eaafedlY limifp of uegm~ 8e northeriY~to idao Second Precin~t shall r~eariea of the Section Third Precinct. shall be. Sawn! Prscinct Commencing at the quarter section corner on the soutli aide oY Section $5, being the soup tlmit said `quarter thence northerly al ~ntr of Sec- section Ylue to bhe lion '36, thence easterly on the .quar• ter section "line to where kt mter- aeota ~ o her Ron the eastLllne 2of thence a rt JY ~p I.ol 123, and 128 to the north- weaterly oornero ~ lteMnorth line 2of tdtence easterly Min. I.ot 127 to lbe thenceeanorth- aer .ot Min. lot 35, erly on the east line of Min. Lok 134 135tthencetnortharly ours 1in~e dra n Lain 134 eto the noait4tweat rcornertfof Mln, Lot 1117, thence northeasterly ~rner Q('ht~,in i.oto137tto the south line of Henderson street, thence northeasterly on the northwest aide of 'Henderson street to Grandview avenue, "thence across Grandview avenue, thence northeasterly on the northwest aide of South HiH street to Dodge street, thence e~atreleyt to the north aide of Dodg Hill street, thence northerly on the west aide of Hi~henceeewesterlly non worthy avenue, worthy ave. the south aide of Lang nue to Booth street, thence north- erly on the west aide oft$ence west` to 'West "third atneet, b erly on the south side ~OgCetnoith- street to Collage street, Collegeyatreettto West Fitthaistreetr µestoedriftht atreeth ton Delhi a~stceet phehoe weaterlY along ,the southerly aide of Deltd etneet~ ~heb a 8t t aide theaoe eoulherly of Aubtmn streatnnttheraouthtraide thence srestetd0' ~ .Gvaee street to Algona street, thence ®outhenly on the 'east aide M Algrona,etreet t~ IheTaoutht side lhence sveateriy e'f Weat Tl~kd eU9et, thence weat- eaiy_along 4he eauth side of Weat $hkd street and the south aide of Third Precinct Commencing at the easterly limtte of the city, thence proceeding weat- Subdivt iontht Lanrelinstreet, i then e line o1 eSubdivisian of Minrtlat 20 rto the southeasterly lot line of Lot 19 of Rowan's Addition, thence sauth- we+sterly on the north line o[ Lot 19 of Rowan's Addition to a point where ton Ali ea of Section 36e thence rwest- the centeraot S coon 36,ethenceiweat~ erly on said quarter section line to Southern avenue, thence northeasterly on the easterly aide of Southern ave. nue to Valley street (included, how- ever, in this precinct are alt reai- avenueuand Samueliat ee~wthlnhthe limits of this precinct), thence across Sauthera avenue to Valley street, thence northwesterly on the north- easterly side of Valley street to @ulnn street, thence northerly an the east aide of @ulnn street to Union street, thence northerly on the Deaf aide of Union street to Rising street, thence weaterlY on the north aide of RiainB atraat to Dodge street, thence westerly on the north aide of Dodge street to Hlll street, thence northerly on the east aide of H1U street to West Third street, thence easterly on the south side of Weat Third street to Burch street, thence northerly on the east side of Burch street to ene- aide atoFenelon Place to W?~ Fourth aides of `West Fourtbyetreethto Cen- tral avenue, thence easterly on the south side of East Fourth street to southerlyrto thetplacetot bieginningce Fourth Precinct eshall be rlea of "the Fourth Pr4cinet Cammencinghencehpt'oceetding ]wash of the oily, erly on a direct Ana tp East PoyrW street, thence westerly on the north aide of East Fourth atraat to Central avenue, thepoe westerly on the north place t tl enc Forest lY non `the anorth t I, ~. d A 1 I~^, Regular Session, March 3, 1952 109 a,, aide of Fenelon Place to Burch street, thence southerly on the west side of Burch street, to Weat Third street, thence westerly on the north side of West Th[rd street to Hill street, thence northerly on the east side of Hill street to West Fifth street, ttiettce westerly on the north side of West Fifth street to Wilson street, thence northerly on the east side of Wilson street to University avenue, (hence easterly on the sotyth side of Unlveraity avenue to Eighth avenue, thanes easterly on the south side of Eighth avenue to Central avenue thence easterly on the south side of East Eighth street to the easterly limits of the city, thence southerly to the place of beginning, Section 8. The boundaries of the Fifth Precinct shall be. Fifth Precinct Commencing at the fntersectlon of Langworthy and Hi11 streets, thence proceeding westerly on the northerly side of I,angworthy street to Booth street, thence northerly on the easter- ly side of Booth street to West Third street, thence westerly on the north- erly aide of Weat Third street to Col- }ege street thence northerly on the easterly side of College street to West Fifth street, thence westerly on the northerly side oP .West Fifth street to Delhi street, thence northeasterly an the easterly side of Delhi street to Mt. Pleasant street, thence north- erly on the easterly aide of Mt. Pleas- ant street to Loras boulevard, thence easterly on the southerly side of Loras boulevard to Belmont street, thence southerly on the westerly side of Bel- mont street to Roae street, thence easterly on the southerly side of Roes street to Center Place, thence south- arly on the westerly side of Center Place to University avenue, thence easterly on the southerly side of Unl- veraity avenue to Wilson street, thence southerly on the westerly s[de of Wilson street to West Fifth street, thence easterly on the southerly aide of Weat F1[th street to Hill street, thence southerly on the westerly aide of Hi11 street to the place of begin- ning. Section 9. The boundaries of the Sixth Precinct shall be. Sixth Precinct Commencing on the Section lines between Sections 26 and 27 T89NREE at a point where West Third street If produced to said section tine would Intersect the same, thence proceeding easterly on the northerly aide of West Third etroet, thlls produced, to Weat Third street, th€nce easterly on the northerly aide of West Third street to Algona atraat, thence northerly on the westerly side of Algona street to Grace street, thence easterly on the northerly side of Grace street to Au- burn street, thence northerly on the westerly side of Auburn street to belhi street, thence easterly on the northerly aide of Delhi' street to Mt. Pleasant street, thence northerly on the westerly side of Mt. Pleasant etroet to Loras boulevard, thence easterly on the northerly side of Lorne boulevrard to Alta Vista street, thence northerly on the westerly aide o[ Alta V1eta street to Kirkwood street, thence westerly on the southerly aide of Kirkwood street and Kirkwood street produced to Rosedale avenue, thence westerly on the southerly aide of Rdsedale avenue to Adair street, thence southeasterly on a line drawn northwesterly from the Intersection at Rosedale avenue and Adair street to the [nteraectlon of West Locust and t0 ,;,,,~~w--street, thonce north- easterly on the northerly side of Weat Locust street to a point whore Ab ~" bolt street it produced would Inter ~,Fi !} West Locust, thence north ^ . an the westerly side of Abbott qp ; ; erly t, thus produced, s roe then ~, „ _..,~ ce westerly on the southerly aide ^{s-' -' of said A~ produced to the Dot ~ } o[ intersection oe[ween saga nue arl~ ~.~reGl the section l(ne between sections 22 and 23 T89NA2E, thence north along said section line to the t~ersectton of said line with the cent r line of Kaufmann avenue, thence westerly along the center flue of Kaufmann avenue to its intersection with the center line of Carter road, thence southwesterly along the center line of Carter road to IU intersection with the center line of Asbury road, ~ ~ thence southeasterly along the center C ~' line of Asbury road to its Intersec- tlan with the section lino between i. ~" sections E2 and 23 T8BNR2E, thence ~ I south along said aectiott line to the ~~~ intersection of said line with the ~r~ center line of 3d~e'+illk street, thence southeasterly along the center line of {' ~. street to the interaectione of tYie center lines o~.~, Popes lar and Finley streets, thence soiith~ . easterly along the center line of Fin- ley street to its tntetsection with the ` center line of Unlveraity avenue, thence southwesterly along the cen- ter line of University avenue to its intersection with the section line be- tween sections 86 and 27 T89NR2E, thence south to the point of begln- ning. Section 10. The boundaries of the Seventh Precinct shall be. Seventh Precinct Commencing at the easterly limits of the city, thence proceeding west- erly to East Eighth street, thence westerly on the north aide of East Eighth street to Central avenue, thence westerly on the north side of West Eighth avenue to Main street, thence northerly on the east side of Main street to Loras boule- vard, thence easterly On the south s(de of Lorna boulevard to Central avenue, thence easterly an the south side of Eaat Fourteenth street to the easterly limits at the city, thence southerly to the place of beginning. Section ll The boundaries of the Eighth Preclnet shall be: @ighth Precinct Commencing at the northwest cor- ner oP Main street and Eighth ave- nue, thence proceeding westerly on the north side of Eighth avenue to Unlveraity avenue thence westerly on the north side oi~ University avenue to Center place, thence northerly on the easterly aide of Center place to Rose street, thence westerly an the northerly side of Roee street to Bel- mont street, thence northerly on easterly aide of Belmont street to Loras boulevard, thence easterly on the southerly aide of Loras boule- vard to Main street, thence south- erly an the westerly side of Main street to the place of beginning. Section 12. The boundaries of the Ninth Precinct shall be: Ninth Preclnet Commencing at the easterly limits of the city, thence proceeding weat• erly nn Eaat Fourteenth street, thence westerly on the northerly efde of East Fourteenth street to Central avenue, thence westerly to the north- erly side of Loras boulevard tc Maln street, thence northerly on the east- erly side of Main street to West Seventeenth street, thence easterly on the southerly line of Weat Seven- teenth street to Heeb street, thence 110 Regular Session, March 3, 1952 Regular Session, ~ March 3, 1952 111 northerly on the easterly side of thence north six hundred feet (600'), side of East Twenty-sixth street to ford street produced, thence north- Heeb street to East Nineteenth thence westerly 1n a direct line paral- Marquette Place, thence northerly on westerly on the northerly side of Staf- atreet produced to Heeb street, thence let to and six hundred feet (600') `the westerly aide of Marquette Place ford street produced and Stafford easterly on the southerly side of north of kane street produced to Viand Marquette Place produced to Mor- street to Thomas. street, thence north- East Nineteenth street produced and the section line between aectione 14 ~ ton street, thence northerly on the erly on the easterly side of Thomas East Nineteenth street to the east- and 15, T69NR2E, thence north along to westerly side of Morton street to East street to the easterly boundary line erly limits of the city, thence south- said section Ilne to the S. E. trot- "ti Twenty-eighth street, thence norther- of Linwood Cemetery, thence north- erly to the place of beginning. net of the N. E. ~ of aectio '~ ]y to the northerly city limits to the erly along the easterly boundary line Section 13. The boundaries of the T89NR2E, thence westerly twenty-six i weal of a line drawn from Morton of Linwood Cemetery to the northerly Tenth Precinct shall be: hundred and forty feet (2640') to the ~ ®street midway between Pinard and city limits, thence easterly to the Tenth Precinct center of section 15, T89NR2E, thence ~ ~ Brunswick street, thence westerly on easterly city limits, thence southerly ,gyp' the northerly line of the city limits to the place oP beginning. Commencing at a point where Semi- west six hundred and sixty feet nary street interaecta West Locust (8ti0'), thence south twenty-six hua• ~ to the westerly limits, which is a Section 19. The boundaries of the street, thence proceeding easterly on dyed and forty feet (2640') to the ~s(~! point at the N. E. corner of the S. E. Sixteenth Precinct shall be. the southerly side oP West Locust south section line of section 16, ' i~ ~S of the N. E. ~ of section 15, Sixteenth Precinct street to a point where Abbott street, T69NR2E, thence easterly along the ~ G T89NR2E, thence west thirteen hun- Commencing at a point one hun- if produced, would Intersect West southerly section line of section 15, ~ dred and twenty feet (1320'), thence dred and ^inety feet (190') north of Locust street, thence northerly on six hundred and sixty feet (660') ~ : south thirteen hundred and twenty U.S. Highway No. 20 on the section the easterly side of Abbott street, [o the S. W. corner of the 5. E. ~ , ^ U feet (1320') thence east thirteen hun- line between Sections 26 and 27, thus produced, to the alley lying of section 15, T89NR2E, thence south ~-- .1 ~ dred and twenty feet (1320'), to the T89NR2E, thence north along said between Lowell and Seminary streets, to the intersection of the center line '~ section line between sections 14 and section line to the section corner be- thence easterly on the southerly side of Kaufmann avenue, thence easterly ~ a ,15 at the S. E. corner of the N. E. ~ tween Sections 26 and 27 and 22 and of said alley to Harold street, thence along the center line of Kaufmann • bP section 15, T39NR2E, thence south- 23, T89NR2E, thence north on the h ~erly to the paint oP beginning. section line between Sections 22 and easterly on a line drawn midway avenue W its intersection with the ~ l ~c Section 17. The boundaries of the 23, T69NR2E to its intersection with between Lowell street and Seml- section line between section 22 and nary streets to Main street, thence 't3 T69NASE, thence southerly along ?~ '.;Fourteenth Precinct shall be. the center line of the Asbury Road, easterly on a flee drawn from Main said section line to the point of `~ ~ Fourteenth Precinct thence northwesterly along the center street to fIeeb street to Twentieth beginning. ~ ~ Co encmg at the easterly tts ' line of the Asbury road to its inter- atreet produced, thence southerly on Section 15. The boundaries of the ~, 7`.~ 1, of the ,thence proce west- section with the center line of Carter the westerly side of Heeb street to Twelfth Precinct shall be: p `, a snit' to Ea, testes rest, thence road, thence northerly along the cen- Weat . Seventeenth street, thence Twelfth Precinct ~ `westerly on`~ northerly side of ter line of Carter road to its inter- westerly on the northerly side West ~ section with the center line of Kauf- Seventeenth street to Main street, Commencing e^ Kane street at a ~ `~ >> East Nine .thr trg set to the E6ie[ego moon avenue, thence northerly along thence southerly on the westerly aide point where Gay street if produced , , .... ~`i{p~9c1 right-oP-way, the center line of Carter road exten- of Maln street to Loras boulevard, westerly to Kane street would in- ~ )'thence northerly on the easterly side thence westerly on the northerly aide teraect the same, thence proceeding ti r of the Rail- sion to its intersection with the sec c road right-of-way to East Twenty- lion line between Sections 15 and of Loras boulevard to Alta Vista easterly o^ the southerly aide of Gay ,, ~` second street, thence northerly on 22, T89NR2E, which is the southwest street, thence northerly an the east- street to Broadway, thence easterly corner of the S.E, t/y of Section 15, -~ ~ _ he easterly aide of East Twenty- erly side of Alta Vista street to on the southerly aide of Broadway .t\ tl stood street to Prince street, thence T89NR2E, thence west along the sec• Iirkwood street, thence westerly on to Diagonal street, thence easterly ; ~ orihwesterly on the easterly side oP lion line between sections 15 and 22, the northerly aide of Kirkwood street on the southerly aide of Diagonal t niece street to East Twent3'-tourth T89NR2E, to a point thirty three and Kirkwood street produced to street to Central avenue, thence ~~ `~ street, thence easterly on the south- feet (33') east of the southwest corner Rosedale avenue, thence westerly on northerly on the easterly side o1 ~~ snit' aide of East Twenty-fourth of Section 15, T89NR2E, thence south the northerly side of Rosedale avenue Central avenue to East Twenty-aizth , ~ street to Queen street, thence north- thirteen hundred and twenty feet to Adair street, thence northwesterly street, thence easterly on the south- snit' on the easterly aide of Queen (1120'), thence west thirty three feet on a line drawn from Adair street snit' side of Eaat Twenty-sixth street ~a street to Marquette Place, thence f33') to the S. W. earner of the to the place of beginning. to Marquette Place, thence southerly Section 14 The boundaries of the on the westerly aide of Queen attest 3 westerly on the easterly aide of Mar- N. W, ~ of the N. W. ~ of Sec- to East Twenty-fourth street, thence ~ nueue mace` a~ :Ia~uQtte..Skree lion 22, T89NR2E, thence south alone Eleventh Precinct shall be: westerly on the northerly aide, of ~~ .~ - ~ - 2• ~ L~„ ...~ thence the west section line of Section 22 northerly on the easterly side of to the S.W. corner of Section 22, Eleventh Precinct East Twenty-Fourth street to Prince ~ Morton street to East Twenty-eighth T89NR2E, thence south nine hundred Commencing at a point on the sea street, thence southerly on the .west- street, thence northwesterly on a and tweet feet (920') along the west lion line between sections 22 and snit' aide of Prince street to East r ~~; s° line drawn from Morton street mid- sectio^ line of Section 27, T89NR2E, 23 T89NR2F. where the alley line Twenty-second street, thence weater- between Lowell and Seminary streets ly an the northerly aide o[ East + ~ . ' tr way between Pinard street and Bruns- thence east to the N.E. corner of tt produced on a direct line would Twenty-second street to Central eve- ; ~~ I ~ ~ et Eo the northerly limits lot 2 of 1 of 1 of the west ~ of intersect said section line, thence nue, thence westerly on the northerly ~• 0 of the city, thence easterly along the the N. W. ~ of the N. W. ~a of Sec- proceeding easterly on the northerly side of Kaufmann avenue to Valerie 1~,` E northerly limits of the city and Davis lion 27, T89NR2E, thence south to side of said alley, thus produced, to street, thence northwesterly on ~ ~ y street to the south ~a corner of sec- the N. W. corner of T.ot 2 of the east the westerly end of said alley, thence easterly aide of Valeria street t ew a ~; ~ tj lion 12, T89NR2E of 5th P. M.; ~ of the N.W. ~ aP the N.W. ~ of Sec- eaaterly on the northerly side of street thence n4~hwesterly on thg,/ ~ ` , ~ ~ thence north a distance of 2,859 feet lion 27, T89NR2E, thence east to the said alley to Harold street, thence easterly side of, ew,n, ou<c,. [~uaa3 .~~ t to the center of section 12, thence west line of M. 248. thence north to the east a distance of 1,983.9 feet to the easterly on a line drawn midway lace street, thence harthweaterty u tE~ ~ N.W, corner of M.L. 248, thence south- between Lowell a d Seminary streets the easterly side of Wallace street ~ northeast corner of lot 1 of 1 of Beth- easterly along the north line of M.L. et [hence easterly on to Monroe street, thence southerly on ~ any Addition; thence south a distance tog to the N.W. corner of lot 2 of 2 a line drawn tom Maln street to the northerly aide of Monroe street ~ of 729 feet to the northwest corner of B*onson Farm addition to the City Heeb street at Twentieth street pro- to Kane street, thence northwesterly ~ , of lot 2 of lot I of the N. E. ~ of of Dubuque, thence southeasterly along doted, thence southerly an the east on the northerly side of Kane street ,. ~ the S. E, ~ of section 12; thence the north line of said lot 2 of 2 to aide of Heeb street to East Nine- to the place of beginning. ,, ~ east a distance of 854.75 feet to the the south line of Ridgeway ave- 5ection 18. The boundaries o[ the northeast corner of lot 2 of lot 1 of teenth street produced, thence east- ~ ; nue in Lenox Addition, thence snit' ^n the north aide of East Nlne- Thirteen Precinct shall be. ~' the N. E. ~ of the S. E. >/4 of sec- southeasterly along the southerly line teenth street to the Chicago Great lion 12; thence south a distance oP of Lenox Addition to the west line Western Railroad right-of-way, thence Thirteenth Precinct ~ 1,775.6 fleet to the corner of sections ~ ~ of Delhi road, thence south to a point northerly on the west side of the Commencing at a point six hun- 7, 12 13 and 18 at the easterly boon- one hundred and ninety (190'1 feet Chicago Great Western Railroad dred feet (600') north of Kane street i dart' of Linwood Cemetery; thence north of the center line of U.S. High- right-of-way to East Twenty-second produced on the section line between ~ ;:. - southerly alone the easterly side of way No. 20, thence southeasterly along street, thence westerly on the south sections 14 and 15 T89NR2E, thence ? Linwood Cemetery to Thomas street, thence seuthweaterl on the westerly a line parallel to and one hundred side of East Twe ty-second street proceeding easterly on a direct line y and ninety feet (190') north of the to Central ue cote westerly paraL'el to and six hundred feet (600') side of Thomas street to Staffed ,ne sou snit' aide of Kaufmann north oP Kane street to a point elx street, thence southeasterly on the center line of U.S. Highway No. 20 1 southerly side oP Stafford street and to the paint of beginning. venue to Valeria street, thence hundred Yeet (600') north o a point ail Stafford street produced 20 Fast Section 20. That where ever streets westerly on the southerly aide of where Kane street and the northerly -l and site s are referred to in this Valeria street to Lewis street, thence line of Gay street it extended would p '? -'ri'estieth streetyto the easterly lim- ordinance the center lines thereof westerly on the westerly side of intersect, thence south six hundred feet tt ~ its of the city, thence southerly to Lewis street to Wallace street, thence (600') to said paint, thence easterly ~ '•.~ rt the place of beginning, shall be the boundary line of the westerly on the westerly side of on the northerly aide oP Gay street ~ t'> Section 18 The boundaries of the p Section 21. The various election pre- Wallace street to Monroe street, to Broadway, thence southeasterly an I~ iii, ~ Fifteenth Precinct shall be. c(ncts hereby established shall be pub• thence westerly on the southerly side the northeasterly aide of Broadway ~ eR Fifteenth Precinct lished in the official newspapers of of Monroe street and southerly on to Diagonal street, thence easterly on ~~ ~;' Beginning at the easterly boundary the Citv of Dubuque once a week for the easterly side of Monroe street the northerly side of Diagonal street t line of the city, thence proceeding three 13) consecutive weeks, the last to Kane attest, thence westerly on to Central avenue, thence northerly l~ G` westerly to East Twentieth street, publication to he at least thirty (30) the southerly side of Kane street on the westerly aide of Central eve- thence westerly on the northerly days prior to the next general election. doted would wlnteraectyKaneesireet, 'thence northeasterly on thetnortherly + ' + side of East Twenjlejh @teeet to Staf- Section 22. This Ordinance shall be a~~ ~ ~~ ~~ E v ~+ / 1~2 Regular 5tssion, March 3, 1952 in tall force and effect from and after its final passage, adoption and publication as by law provided, ntroduced the 3rd day of March, I9~. Ruh requiring reading on three se- parate days suspended by unanUnous vofe the 3rd day of March, 1952. Passed, adopted and approved this 8rd day 6f March, 1952. ROMOLO N. RU850, Mayor. CLARENCE P, WELU, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen. Attest : J. J. SAEA City Cletk. Pubnshed ofPidally is The Tele~raph~ Herald newspaper this 11th day of March, 1952. J. J. SHEA. City Clerk. Councilman Austin moved the adoption of the ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. ORDINANCE N0. 8-52 An Ordinance Amending Ordin- ance No. 3319 by repealing Section A of Schedule III thereof and en- acting asubstitute therefor, pre- sented and read. Councilman Aus- tin moved that the reading just had be eonsidered the first read- ing of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Councilman Austin moved that the rules be suspended requiting an ordinance to be read on three separate days. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-llfayor Russo, Councilmen Austin; Schueller, Welu. Nays-None. Absent-Councilman Kolb, ORDINANCE N0. 8-51. Ah Ordinance Amending Ordinance fro. 33.49 by repealing Section A of Schedule III thereof and enact[ng a sdbstitute therefor. BE IT ORDAINED BY THE CITY COUNCII, OF THE CITY OF DUBU• t111E: Section 1. That Section A of Sched- ule III of Ordinance No. 83-49 be and the same is hereby repealed and the following enacted as a substitute therefor: "SCHEDULE III A. Eastbound and westbound vehicles must atop before entering: washingtdn Street at East 29th Street; Elm Street at East 29th Street; Waetiington Street at East 18th &tteet." Section 2 This OYdh4ance shall be In #ull force and effect from and after its final passage, adoption and publi• cation as by law provided. irttroduced the 9rd dey of Mardi; 1552. Rule requiring reading on three se's- rate days suspended by unanimous vote the 3rd day of March, 1952. Passed, adopted and approved this 3rd day of March; 1952. Aomolo N. Russo Mayor Clarence P, welu Ruben V. Anattn Leo N. Scrineller Councnmen Attest, J.J. Shea City Cleft.. Published atficlally in the Telegraph~ Herald newspaper this lOt6 day of March, 1952. J.J. Shea City Clerk. It. Mat. 10 Councilman Austin moved the adoption of the ordinance. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, VVelu, Nays-None. Absent-Councilman Kolb. February 28, 1952 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: Your Planning & Zoning Com• mission res¢ectiaety recommends denial of the petition of Mrs. Chas. Reckord et. al. requesting rezon- ing of Glen Oak Street between University Avenue and Loras $ou1- evard to Two Family Classification. An opposing petition forwarded di• rectly to the Planning 6t Zoning Commission indicates that the ma• jority of affected property owners are not in favor of the change. Respectively submitted, Dubuque Planning & Zoning Com- mission By Richard V. McKay, Secretary Councilman Welu moved that the recommendation of the Planning and Zoning Commission be ap- proved. Seconded by .Councilman Austin. Carried by the following Vete: Yeas-1Kayor Russo, Councilmen Austm, Schueller, Welu. Nays-None. Absent-Councilman Kolb. February 28, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As a result of a comprehensive Regular Session, March 3, 1952 113 study of the newly annexed area, the Plannii4g and Zoning Commis- slon vrishes to recommend the zoning of the area as follows: LOCAL BUSINESS DISTRICTS CLASSIFICATION (,,on}mencing at a point on the northlvest corner of the intersec- tjon of .Carter Road and Asbury Road northerly one hundred feet along rile westerly edge of Carter Road, thence westerly five hundred and eighty-three feet (583') on a l~fie parallel to and one hundred feet (100') northerly of the Asbury Ropd, tl~lce souUlerly one hun- dred feet (100') to the northerly edge of Asbury Road, thence east- erly five hundred and eighty-three feet (583') along the northerly line of the Asbury Road to the point of beginning. Commencing at the northeasterly corner of Lot 2 of 1 of 1 of 1 of 1 of Lot 152 Finley, Waples and Bur- tons Addition, thence southwesterly along the southeasterly side of the Delhi Road a distance of three hundred and fifty #eet (350'), thence southeasterly at a right angle to the Delhi Road a distance of one hundred feet (I,fJO'), thence three hundred and fifty feet (350') north- ksasterly :on a line parallel with Delhi Road to the easterly lot line of Lot 2 of 1 of 1 of Lot 152 Finley, W.aples and Burtons Add., thence a51r#ltwesterly one hundred feet 4f40') to the place of beginning. ,Op the northerly side of the Del- hi mid westerly from the inter- Section of Lenox Avenue and Delhi liaad an area composed of Lots two .to nine inclusive and lots forty sev~l to fifty inclusive all in Len- ox Addition. $USINESS DISTRICT CLASSIFI• CATION Commencing at the westerly city limits line and the center line of U, S. Highway No. 20, thence south to a point two hundred and five feet (205') .south of the center line of U. S. Highway No. 20, thence southeasterly along a line parallel to and two hundred and five feet (205') south of the center line of U. S. Highway No. 20 to the west- line of Lot 1 of 2 of 1 of l of George Jecklin Farm, thence southwest- erly along the west line of said Lot 1 of 2 of 1 of 1 of George Jecklin Farm far a distance one hundred and seventy #ive feet (175'), thence southeasterly along a line three hundred and eighty feet (380') south of and parallel to the center line of U. S, Highway No. 20 for a distance of three hundred feet (300'), thence northerly along the easterly line of Lot 1 of 2 of 1 of 1 of George Jecklin Farm to the Northeast corner of said lot, thence easterly two hundred and five feet (205') south of and parallel to U. S. Highway No. 20 to the east line of Section 27, T 89 N. R2E, thence north along said Section line to the center line of U, S. Highway No. 20, thence northerly along said Section line a distance of two hundred and sixty feet (~0'), thence westerly along a line two hundred and sixty feet (260') norm of and parallel to U. S. Highway No. 20 to the westerly City Limits line, thence south along the west- erly City Limits line two hundred and ninety feet (290') to the center line of U. S. Highway No. 20 the point of beginning. SINGLE FAMILY RESIDENCE DISTRICT CLASSIFICATION All of the newly annexed area be single family residence district except the parcels described above and titled as Local Business Dis- tricts. Respectfully submitted, Dubuque Planning & Zoning Com- mission. By R. V. McKay, Secretary. Councilman Welu moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 31-5R RESOLUTION Setting Time and Place of Hearing on Amendment to Zoning Ordinance Whereas the Planning and Zon- ing Commission leas submitted its report recommending the Amend- ment to the Zoning Map to provide far the Zoning of the area newly annexed to the City by Decree of the District Court dated February 7, 1952; and Whereas before any amendment to said Zoning Map or Zoning Ord- "~~ 114 Regular Session, March 3, 1952 finance may be adopted a public hearing must be had thereon; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OFTHE CITY OF DUBUQUE, IOWA: Section 1. That a public hearing be had on said proposed Zoning of said area and said report on the 7th day of April, 1952 at 7:30 o'clock P. M. in the City Coun- cil Chamber in the City Hall in the City of Dubuque, Iowa, at which time and place all interested part- ies and citizens may be heard; Section 2. That the City Clerk is hereby directed to publish not- ice of saad meeting once in the manner provided by law at least fifteen days prior to the date set for said meeting. Adopted this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. February 28, 1952 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen: The claim of Marie Lucas has been referred to this office for recommendation and re- port. Investigation discloses that Mrs. Lucas slipped and fell on an icy crosswalk at Eighth and Main Streets on December 15, 1951, dis- locating avertebra. She has incurred medical ex- pense of $100 and for a period of five weeks was unable to resume her employment at the Dubuque Packing Company, where she was making approximately $80 a week. Mrs. Lucas has agreed to accept $175.00 in full settlement of her claim and I recommend that this settlement be approved and the Auditor be instructed to issue a warrant in favor of Marie Lucas in the amount of $175 and deliver the same to her upon receipt of her properly executed release. Sincerely, T. H. NELSON. Councilman Austin moved that the recommendation of City Soliei- for Nelson be approved and that the City Auditor be instructed to draw a warrant in the amount of $175.00 in favor of Marie Lucas, as settlement in full of her claim, and that said warrant be delivered upon 'receipt by the City of Dubuque of a properly executed release. Seo- onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb, February 18, 1952 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Mrs. Roscoe Keppler for the injuries re- ceived December 22,1951, has been referred to this office for recom• mendation and report. From investigation it appears that Mrs. Keppler fell on a patch of snow and ice on the north side of Sixth Street between Main and Locust and fractured her left wrist. She incurred medical expenses of $67.50 and was out of work for five weeks. She has agreed to ac• cept $167.50 in full settlement of all her claim and I recommend that this settlement be approved and the Auditor instructed to draw a waimant in favor of Mrs. Roscoe Keppler and deliver the same to her upon receipt of her properly executed release. Respectfully, T. H. NELSON Councilman Schueller moved that the recommendation of City Solicitor Nelson be approved and that the City Auditor be instructed to draw a warrant in the amount of $167.50 in favor of Mrs. Roscoe Keppler, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Regular Session, March 3, 1952 115 Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. March 3, 1952 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: On January 30, 1952, the claim of Wesley W. Heitzman, for damages in the sum of $74.94, for extending his water line from the original watermain in Marion Street to the new watermain, was filed with the City Clerk and sub- sequently referred to this office for investigation and report. After due investigation, it is the recommendation of this office that the claim be paid and that the Auditor be instructed to draw a warrant in favor of Wesley W. Heitzman in the sum of $74.94, to be paid to him upon receipt of a properly executed release. Respectfully submitted, R. M. CZIZEK Assistant City Solicitor Councilman Schueller moved that the recommandation of As- sistant City Solicitor Czizek be ap- proved and the City Auditor in• strutted to draw a warrant in the amount of $74.94, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a prop- erly executed release. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. March 3, 1952 Honorable .Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: On February 4, 1952 the claim of James T, Arenz for damages to his automobile in the sum of Twelve ($12.00) Dollars was filed in the office of the City Clerk and subsequently referred to this office for investigation and report. After due investigation, it is be- lieved that there existed no negli- gence upon the part of the City of Dubuque which contributed in any fashion to the damage claimed and therefore respectfully recom- mend that the claim be denied. Respectfully submitted, R. M, CZIZEK Assistant City Solicitor Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. February 18, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa.. Gentlemen: I herewith submit re- ports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of January 1952; also list of claims and list of payrolls for which warrants were issued for the month of January, 1952, Respectfbull submitted, L, J. SCHILTZ, City Manager Councilman Austin moved that the reports be received and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. March 3, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and desire to have your ap• proval on same far filing: EXCAVATION Dubuque Plumbing & Heating Co. 1395 Washington Street, Bond No. 28210-12.108.48 U. S. Fidelity and Guaranty Co. Key City Gas Company 669 Main Street, Bond No, 735673 The Fidel- ity and Casualty Co. Ideal Plumbing and Heating Co. 527 Central Avenue, Hawkeye Se- curity Ins. Co. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Austin moved that the bonds be approved and placed on file. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. 116 Regular Session, March 3, 1952 Nays-None. Absent-Councilman Kolb. February 14, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of the Independent School District of Du- buque requesting that the City Council provide fire protection for the new Irving School was referred to the City Manager, City Solicitor and Fire Chief for investigation and report. On February 7, 1952 Judge John G. Chalmers signed a Judgment and Decree onewhg h th new t~n of property , ing School is located. They are now being furnished the proper fire protection as they are within the liRespectfullyCsubmited ague. L. J. SCHH,TZ, City Manager Councilman Austin moved that the communication of City Manager Schiltz be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. February 28, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The annexation of the new area to the City brings several duplications of present street names. Therefore in order to relieve this situation `before the registration and assigning of street numbers the attached Or• dinance is presented. Included are several street name changes in the • Old City Limits. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the communication of City Mana- ger Schiltz be received and made Cou~neilmanf Welur Carried by the following vote: yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. ORDINANCE N0. 9-52 An Ordinance changing th names of Streets and Aven resented in the City of Dubuque, p and read. Councilman Welu moved that the reading ]mot had be considered the first reading of the ordinance. Sec- onded by Councilman Austin. Car• tied by the following vote: yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays--None. Absent--Councilman Kolb. Councilman Welu moved that the rules be suspended requiring an ordinacne to be read on three sep- erate days. Seconded by Council- man Austin. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. ORDINANCE NO. 9.51 An Ordinance changing the names of Streets and Avenues within the City of Dubuque. Be It Ordained 6y the City Councll of the City of Dubuque: Section 1. That the following changes within the City of Dubuquenbe and the same are hereby changed, the changes to become effective from and after the passage and publication of this Ordi- nance as required by ]aw. The names of Streets and Avenues shall be chang- ed to read as follows: Austin Street from Cooper Street to. Maiden Lane shall be called Raymond Place, Fremont Avenue from Grandview called Dodge St eet d Street shall be U. S. Highway No. 20 from Lombard Street to the new city ]lords shall be caned Dodge Street, Delhi Street from the old city Rmlts to the new city limits shaD be caned University Avenue. Hales Mill Road from the intersection of Asbury Street and Rosedale Avenue to the new City Ltmits shall be called Asbury Street, Carter Road from the present City Limits at Kaufmann Avenues west to shall be called Kaut Bann Avenue~ston Austin Avenue in Lenox Addition shall be called Nebraska Avenue, sballebe calledeMissourl AvenueAddition all beocal]edewlsconsln Avenue dltlon Iowa Avenue in Lenox Addition shall be called Ohio Avenue. _ ditioln she t hetcalled1Montana Street d and designating the unnamed street at the old city limits line from Greeq Street to Fairview Drtve as Bunker HRl Street. Section 2. That upon final passage a copy thereof shall be certified and filed with the County Recorder and County Auditor of Dubuque County, Recorder a botficee in accordance nwtth the law. Section 3. This Ordinance shall be in force and effect from and after its fin• e lication as provldediby ~wuncil and pub• 117 Regular Session, March 3, 1952 passed upon first reading this and parking space rather than con- doy of March, 1952. tinually driving around and always Passed, adopted and approved upon Oslte side final reading this 3rd day of March, of she street fromh whCh they are 1952. goM0L0 N. RUSSO, Mayor driving. gUg~ VEAUSTIN,U' The streets in the city of Du- LEO N.SGHUELLER buque are narrow and could not Councilmen be widened without great expense Attest: to handle the increased traffic J. J. SHEA, City Clerk published officially in The Telegraph- load that they are now handling Herald newspaper this loth day of and which will continue to increase March, 1952. J, J, SHEA, each year. The most practical solu• city clerk lion to this problem would be the 1t Mar. 10 street pat- Councilman Weht moved the adoption of a one-way adoption of the ordinance. Second- tern in a North and South direc• ed by Councilman Austin. Carried tl I would like to make the follow- by the following vote: yeas-Mayor Russo, Councilmen siderationmendations for your con- Austin, Schueller, We1u• (i) That Bluff Street be one-way Nays-None. South bound from Eighth Absent-Councilman Kolb. Street to Dodge Street; February 23, 1952 (2) That Locust Street be one. To the Honorable Mayor way North bound from and City Council, Fourth Street to Loral Blvd.; Dubuque, Iowa. (3) That Main Street be one-way Gentlemen: During the last five southbound from Lora s year period, car registrations in Blvd. to Fourth Street; Dubuque have increased approxi- (4) That Iowa Street be one way mately 8~%. Along with this in- Northbound from Fourth crease in registrations, traffic has Street to Loral Blvd.; increased in somewhat the same 5 That traffic lights be in- proportion. The largest percentage () stalled at the intersection of of traffic moving on the streets Eighth and Bluff and Eighth in the city of Dubuque follows and Iowa Streets; North and South dirc,ction, and in (6) That parking be eliminated this downtown area we have Bluff St>yat~$treets and eCentral~Avenue the houurs of 4 and 5 30 P.bI. Io most of the traffic. I believe that the above recom• that carry With the parrkeet there isnroom solve sour scongested trafficelPr b• side of the st lem and will help to speed the flow I for only one lane of traffic in each ` direction. With the increase in the of traffic in this area. E traffic during rush hours, the turn- If that Council is favorable to ing movement slows up traffic mov- these recommendations, Iwould • ing in bocksd adjo~mnnganintersec- incoperationtuntil the trafficplights times blo are in place and all street signs lions. If traffic in a North-South direc• changed and parking meters loco - ed. lion was one-way and with it being properly laned at each intersection, the congestion caused by turning ~ movements of cars would be elim- inated. It would also give the vehicles an opportunity to move through the interesection at a con- ,~~ mentuoffvehicles passinghth ough the intersection. ~~~ ~ Also if one-way traffic were per- mitted and parking allowed on both ` ~ ` sides of the street, It will be much ~ ~~~ ' i~ easier for vehicles to get into a Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the communication of City Manager Schilta be referred back to the City Manager for further study and re- port. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent--Councilman Kolb. 118 Regular Session, March 3, 1952 February 22, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council re• ferred to the City Manager and City Solicitor the petition of George Flanders and others for an appropriation of city money to de- fray the expenses of the annual Memorial Day celebration held by local veterans' organizations. I have attached the opinion of the City Solicitor relative to muni- c i p a l corporations expending money for this purpose. The only authorization for this type of ex- penditure is in Chapter 159, Section 10, of the Acts of the 54th General Assembly. This Section authorizes the city to make a levy in the muni- cipal ,enterprises fund for the adornment of any cemetery used for burial purposes by the people of the city. It is the opinion of the City So- licitor that the City may expend funds not otherwise appropriated in the Municipal Enterprises Fund for this purpose. Under the present appropriation for the Municipal Enterprises Fund, there is no provision made for this type of an expenditure. I would recommend that in preparing for the fiscal year 1953, provision be made for this expenditure. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. February 16,1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The term of Louis J. Lagen on the Civil Service Com- mission expires March 31,1952 and that of Louis Stoffregen on the Board of Zoning Adjustment ex- pires March 5, 1952. Appointments should be made to fill these vacancies as soon as pos- sible because of the urgency of having a full membership on both of these Boards. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that Mr. Louis J. Lagen be reappointed as a member of the Civil Service Commission for a term of six years, said term expiring March 31, 1958, also that Mr. Louis Stoffregen be reappointed as a member of the Board of Adjustment for a term of five years, said term expiring March 5, 1957. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. February 23, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Jackson School Parent-Teachers Association was referred to the City Manager and Traffic Depart- ment for investigation and report. Along with the investigation of this school crossing signal, we have investigated the conditions at all other schools which at the pre- sent time do not have signals or have not as yet been authorized. The following recommendations are made for your consideration: That school crossing lights be installed for Jackson School at Kirkwood and West Locust Streets, For the Lincoln School at Neva- da and University, For Nativity School at Alpine and University, and For St. Mary's School at 15th and Jackson Streets. Respectively submitted, L. J. SCHILTZ, City Manager, Councilman Schueller moved that the recommendations of City Manager Schiltz be approved, Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent~ouncilman Kolb. February 22, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: There have been a 3 3 ~' ~i ~ y w ~~ Regular Session, March 3, 1952 119 number of complaints regarding the operation of trucks through the city and that they are using streets other than the regularly marked highway route. If trucks continually use streets that are not adequately construct- ed for this type of traffic, the streets will soon deteriorate and have to be rebuilt. In order that this condition can be corrected, I would recommend that an ordinance be prepared to provide that motor carriers shall follow the marked highways through the city, and if they are not proceeding through the city, to follow the marked highways to the intersection closest to their destination. After such an ordi- nance is approved by the city coun- cil, suitable signs would be erected to direct the motor carriers to fol- low these routes. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. February 22, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of John P. Winter and others re- questing the installation of a street light on Lindberg Terrace was referred to the City Manager and Electrical Inspector for recom- mendation and report. In view of the fact that this area has been built up, I recom- mend that the street light be placed at approximately 35 Lind- berg Terrace. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu 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, Schueller, Welu: Nays-None. Absent-Councilman Kolb. March 3, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Several months ago the City gave permission to the Interstate Power Company to con- struct atransmission line on the north side of the city property on which the disposal plant is to be erected. There has been no easement granting this permission and I recommend that the proper ease- ment be filed by the Mayor and City Clerk, 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, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 58-52. Resolution Granting an Easement for Transmission Line to the In- terstate Power Company, Whereas, the Interstate Power Company has requested an ease- ment to construct a transmission line on city awned property; and Whereas, the City Council has heretofore approved the construe tion of said transmission line: Now, therefore, be it resolved: That the Mayor is hereby au- thorized to execute an easement in the name of the City of Du- buque granting to Interstate Pow- er Company the right to construct, maintain and remove lines on the following described property: Commencing at a point 5 feet south and 129.06 feet east of the northwest corner of Section Thir- ty-One (31), Township Eighty-Nine (89) North, Range Three (3) East; thence west approximately 199.28 feet; thence north 86° 57' west ap- proximately 220.6 feet to a point of intersection with the southeast boundary of Block Thirty-One (31) of Dubuque Harbor Company's Addition in the City of Dubuque, Iowa; That the City Clerk is hereby authorized to affix the Seal of the City of Dubuque to said easement; 120 Regular Session, March 3, 1952 That the City Clerk is hereby authorized to deliver said ease- ment to the Interstate Power Com- pany upon the receipt of the agreed price of One Dollar ($1.00). Passed, adopted and approved this 3rd day of March, A. D. 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, 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, Schueller, Welu. Nays-None. Absent-Councilman Kolb. TRANSMISSION LINE EASE• MENT (Conditioned on payment of addi• tional consideration) Know all men by these presents: That we, residents of Dubuque County, State of Iowa, in consider- ation of One and no/100 ($1.00) Dollars to us paid by Interstate Power Company, a Delaware cor- poration, the receipt whereof is hereby acknowledged, grant said corporation, its successors and as- signs, forever, the right, privilege and authority to construct, operate, maintain and remove lines for the transmission of electric energy, in- cluding necessary poles, wires, guys, stubs and other fixtures, over across and upon the following des- cribed real estate owned by us and located in the County of Dubuque, State of Iowa, to-wit: Plat of abandoned River Bed in the Northwest Quarter (NW'/a) of Section Thirty-one (31), Township Eighty-nine (89) North, Range Three (3) East of the 5th P.M., and the Northeast Quarter (NE'/n) of Section Thirty-six (36), Town- ship Eighty-nine (89) North, Range Two (2) East in the City of Dubuque, Iowa. Poles of said transmission line to be located five (5) feet south of the north line of above de• scribed property, commencing at a point 5 feet south and 129.06 feet east of the northwest corner of Section Thirty-one (31), Town- ship Eighty-Nine (89) North, Range Three (3) East; thence west ap- proximately 19928 feet; thence north 86° 57' west approximately 220.6 feet to point of intersection with the southeast boundary of Block Thirty-one (31) of Dubuque Harbor Company's Addition in the City of Dubuque, Iowa, as shown on print attached hereto and made a part hereof. It is understood and agreed that grantor reserves the right to fill or excavate, or both, on the de- scribed premises and, in the event grantor elects to carry on such work, it shall notify grantee in writing of its intention so to do not less than thirty (30) days prior to commencing such work and thereafter grantor shall be re- lieved from any damage to gran- tee's property resulting from such work. Together with the right privi• lege and authority to trim or cut down any trees within 30 feet of each side of the outside conductor of said line; and also the right to enter upon the above described premises at any and all times for the purpose above set forth. In witness whereof, We have hereunto set our hands and seals this 6th day of March, 1952. Witnesses: CITY OF DUBUQUE, IOWA (SEAL) ROMOLO N. RUSSO, Mayor. J. J. SHEA, Clerk. State of Iowa 2 5S. County of Dubuque On this 6th day of March, 1952, before me, Geraldine L, Jenni, a notary public, personally appeared Romolo N. Russo and J. J. Shea, to me known to be the per- sons described in and who exe- cuted the foregoing instrument and acknowledged that they exe- cuted the same as their free and voluntary act and deed. In witness whereof, I have here- unto affixed my official signature with the seal of my office, the day and year first above written. My commission expires July 4, 1954. GERALDINE L. JENNI, (SEAL) Notary Public Dubuque County, Iowa . I~ 1', i s I ~'h ~~ is p Regular Session, March 3, 1952 121 March 3, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached hereto are options of $11,000.00 on Lot 5, Part of Tschirgi and Schwind's Subdivision, owned by Jess Armi• loge and of $14,000.00 on Lot 6 of Part of Tschirgi and Schwind's Subdivision owned by Al A. Smith. This property is located on the corner of Atlantic Street and Uni- versity Avenue west of Allison Henderson Park, and is desirable for the construction of a new fire station. I recommend that this property be purchased by the City for the location of a new fire station. A form of resolution for such pur- chase is herewith submitted. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 59-52. Whereas, it is the considered judgment of the City Council of the City of Dubuque, Iowa, that provision be made for the loca- tion of a new fire station on the corner of Atlantic and University; and Whereas, Lot 5 and Lot 6, part of Tschirgi & Schwind's Subdivision in the City of Dubuque are con- sidered to be well located for this fire station; and Whereas, the City Council con- siders it necessary and expedient that the above described property be acquired by the Municipality; Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque, Iowa, that Lot 5 of Tschirgi and Schwind's Subdivision in the City of Dubuque be purchased from Jess Armitage far the sum of $11,000.00. Be it further resolved that Lot 6 Part of Tschirgi and Schwind's Subdivision in the City of Du- buque be purchased from Al A. Smith for the sum of $14,000.00. Approved and placed on file for final action this 3rd day of March, 1952. Councilman Welu moved that the resolution just read, being a resolution authorizing a contract be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. March 3, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Building Com• misioner, Sanitary Inspector and Fire Chief made an inspection of buildings located at 255 Pear Street and at the rear of 678 Cen- tral Avenue. Both of these build- ings are dilapidated and in danger of collapse. I recommend that you appoint a condemnation committee to exam- ine these buildings. Respectfully yours, L. J. SCHILTZ, City Manager. Councilman Schueller move d that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Councilman Austin moved that Messrs Fred Fichter, Fred Schroe- der and Harry J. Schiltz be appoint- ed as members of a condemnation committee to examine the build- ings located at 255 Pear Street and at the rear of 678 Central Avenue and to submit their recommenda- tion and report back to the City Council. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. 122 Regular Session, March 3, 1952 March 3, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council de- ferred action on a proposed city ordinance to require the dating of milk deliveries in the city of Du- buque until the Health Department made a further investigation. The Milk Inspector met with rep- resentatives of each dairy on Feb- rua~v 13th and agreed on a policy that would not create a financial burden on any dairy supplying milk to Dubuque. The items agreed upon by .all dairies are as follows: 1. All dairies are to either code or date their products in a manner that will assure the Health Depart- ment that the consumer is amply protected. 2. Constant supervision of de- livery men to discontinue the poli- cy of overstocking retail outlets. 3. If the product is coded, that the code will be made available to the Health Department and the retail merchants. 4. To inform wholesale delivery men that milk will be picked up from retail stores no later than the first delivery following the elapse of the time limit for that product, It is the belief of the Health Department that this agreement will be satisfactory and that the amendment to the Milk Ordinance is not now essential in maintain- ing of a high quality product. I recommend that the Council take no action on the proposed amendment to the Milk Ordinances in view of the satisfactory agree- ment with all the dairies supplying milk to Dubuque. 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, Schueller, Welu. Nays-None. Absent-Councilman Kolb. March 3, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; In order to plan for the expansion of our water sys- tem Ihave had the Water Depart• meat Superintendent prepare a re• port showing the statistics on rev enues and expenditures, the im- provements needed over a ten year period and those proposed for 1952. The improvements planned with- in the city, such as Main exten• sions and new wells, include an expenditure of $97,300.00 for the main extensions in the newly an• vexed area. The residents of this area have acquired an equity in the city water facilities that were paid for by those within the old limits and should, in my .opinion be assessed for a portion of the water main extensions. Extensions planned for 1952 in this new area include Pennsylvania Avenue west to Drexell Street, Fairfax Avenue, Lennox Avenue west to Alpha Street, Brown Street, Green Street from Pennsylvania Avenue northeast, Chaney Road from Hillcrest south to Pennsyl- vania Street, Asbury Road from Carter Road west approximately 1000 feet. These extensions are a part of the expansion program and it is proposed that the city pay the costs in excess of a six inch main. The assessed amount would be ap• proximately one-half the total cost. In order that the proposed pro• gram can be completed, it will be necessary to issue $200,000.00 worth of Revenue Bonds. I recommend that the program be approved as I have it outlined to include special assessment of main extensions in the annexed area, the drilling of two new wells if the test well proves satisfactory, main extensions in the old system and the issuance of $200,000.00 in Revenue Bonds. Respectfully submitted, L. J. SCHII,TZ, City Manager. Councilman Welu moved that the recommendation of City Man• ager Schiltz be approved. Second- ed by Councilman Austin. Car• ried by the following vote: y ~~.., - I ~'~~' ~'~ ~ ~' Regular Session, March 3, 1952 123 Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Councilman Austin moved that City Solicitor Nelson be authorized to hire the services of Messrs Chapman and Cutler, attorneys, for the preparation of proceedings covering the issuance of $200,000.00 Water Revenue Bonds. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Petition of Leonard A. Adamac and others, property owners in the newly annexed Highland Fark Ad• dition in the City, requesting that the city water mains be extended from the corner of Carter and As- bury Roads, west on Asbury Road for a sufficient distance to service all of their property, or a distance of about 900 feet, presented and read. Councilman Austin moved that a plat and schedule of assessment be prepared covering the request. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 24.52 Whereas, pursuant to Resolution and Notice the City Council of the City of Dubuque met on the 4th day of February. 1952, at 7:30 o'clock p.m. in the City Council Chambers in the City Hall to consider the proposal to dispose of the hereinafter de- scribed real estate, at which hear- ing all interested Aarties were af- forded an opportunity to be heard for or against such proposal; and Whereas, pursuant to published no- tice, oral bids for said property were taken and the highest oral bid was determined to be that of Justin Burke in the amount oY $3,500.00, and after taking oral bids the sealed bids were then opened and the highest sealed bid was determined to be that of Arthur Witherall in the amount of $4,500.00, and it was thereupon de- termined that the bid of Arthur Witherall in the amount of $4,500.00 was the successful bid; Now Therefore Be It Resolved by the City Council of the City of Du- buque: Section 1. That the bid of Arthur Witherall in the amount of $4,500.00 for the purchase of Lot 1 of 1 of Mineral Lot 195 and Lot 2 of 2 of 3 of Mineral Lot 144 is hereby accepted and the Mayor and City Clerk are hereby authorized and empowered to execute the quit claim deed of the City of Dubuque, releasing and con- veying to Arthur Witherall all of its right, title and interest in and to the above described real estate and to deliver the same to the said Ar- thur Witherall upon the receipt of $4,600.00 in each: Section 2. That this Resolution shall be In full force and effect Prom and after its final passage, adoption and publication as provided by ]aw. Approved and placed on file for final action this 4th day of February, 1952. Passed adopted and approved this 3rd day of March, 1952. ROMOLO N. R1JSS0 Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. Shea, City Clerk, Published officially in The Tele- graph-Herald newspaper this 7th day oY March, 1952. 7. J. SHEA, It Mar 7. City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. RESOLUTION NO. 25-52 Whereas, pursuant to Resolution and Notice the City Council of the City of Dubuque met on the 4th day of February, 1952, at 7:3D o'clock p. m., in the City Council Chambers in the City Hall to consider the pro- posal to dispose oP the hereinafter described real estate, at which hear- ing all interested parties were af- forded an opportunity to be heard for or against such proposal; and Whereas, pursuant to published no- tice, oral bids for said property were taken ann the highest oral bid was tletermined to be that of no oral bids received, and after taking oral bids the sealed bids were then opened and the highest sealed bid was de- termined [o be that of M. B. Olansky in the amount of $12,500.00, and it was thereupon determined that the bid of M. B. Olansky in the amount of $12,500. D0 was the successful bid; Now Therefore Be it Resolved by the City Council of the City of Du- buque: Section 1. That the bid of M. B. Olansky in the amount of $12,500.00 Por the purchase of Lot 1 of i of S of Randall's Subdivision is hereby accepted and the Mayor and City Clerk are hereby authorized and em- powered to execute the quit claim deed of the City of Dubuque, releas- ing and conveying to M. B. Olansky all of its right, title and interest in and to the above described real estate and to deliver the same to the said M B Olansky upon the receipt of $12,500.00 in cash; Section 2. That this Resolution shall be in full force and effect from and after ita final passage, adoption and publication as provided by Law. Approved and placed on file for final action this 4th day of Febru- ary, 1952. Passed, adopted and approved this 3rd day oP March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. Shea, City Clerk. Published officially in The Tele- 124 Regular Session, March 3, 1952 graph-Herald newspaper this 7th day the licenses are t0 be issued upon of March, is52. the compliance with the terms of S. J. SHEA, 1tMar7 city clerk. the ordinances of this City. Councllman Schueller moved the CLASS "B" PERMIT adoption of the resolution. Second- Name Address ed by Councilman Austin. Carried Miller, 400.402 Main Harold L by the following vote: Yeas-Mayor Russo, Councilmen . Street. Austin, Schueller, Welu. Mrs. Annice Jaeger, 1598 Elm Nays-None. Street. Absent--Councilman Kolb. Nick J. Legler, 553 Eighth Av- RESOLUTION N0.59-52 enue. Be It Resolved by the City Coun- Anthony C. Mihalovich, 1900 cil of the City of Dubuque that Washington Street. the following, having complied Mathias A. Schneller, 132 Eighth with the provisions of law relating Avenue. to the sale of cigarettes within the Raymond McLaughlin, 2222 Cen- City of Dubuque, begranted aper- tral Avenue. mit to sell cigarettes and cigarette Jerome J. Love, 37 Eighth Av papers within said City and the enue. Manager is directed to issue such ' Henry T. Weber, 422 Main Street. permit on behalf of said City. Leffa M. Koenig, 600 Central Av- Name Address Julius Miller, 1961 Central Av. enue. Erwin M. Grab and Helen Grab, 1575 Central Avenue. enue. Henry T. Weber, 422 Main Street. Robert J. Quinlan, 1091 White Anthony C. Mihalovich, 1900 Street. CLASS "B" PERMIT FOR Washington Street. 400.402 Main Miller Harold L pRIVATE CLUB , . Pepper Bowling Lanes Club, Dr Street. Nick J. Legler, 553 Eighth Av- . ~ Locust Street. CLASS "C" PERMIT enue. Leffa M. Koenig (Effective Daniel C. Maloney, 892 Cleveland 4/1/52) 600 Central Avenue. Be It Further Resolved that the Avenue. Clarence J. Kipper, 1585 Delhi bonds filed with the applications St Ernest W Pfalzgraf and A. L. be approved. adopted and approved Passed . F p e ~ 3 , this 3rd day of March, 1952. approved and adopt d assed, ROMOLO N. RUSSO, this 3rd day of March, 1952. Mayor ROMOLO N. RUSSO, CLARENCE P. WELD, Mayor tiVELU CLARENCE P RUBEN V. AUSTIN, SCHLTELLER, LEO N , . RUBEN V. AUSTIN, . Councilmen LEO N. SCIIUELLER, Attest: J. J. SHEA, Councilmen City Clerk Attest: J. J. SHEA, Councilman Austin moved the City Clerk adoption of the resolution. Second- Councilman Schueller moved the ed by Councilman Schueller. Car- adoption of the resolution. Second- ried by the following vote: ed by Councilman Austin. Carried Yeas-Mayor Russo, Councilmen by the following vote: Austin, Schueller, Welu. yeas-Mayor Russo, Councilmen Nays-None. Austin, Schueller, Welu. Absent-Councilman Kolb. Nays-None. RESOLUTION N0. 62-52 Absent-Councilman Kolb. Whereas, applications for Beer SHEET N0. 68 RESOLUTION N0. 61-52 Permits have been submitted to this Council for approval and the Whereas, heretofore applications same have been examined: Now, for Beer Permits were filed by the within named applicants and Therefore, Be It Resolved by the Council of they have received the approval the City of Dubuque that the fol- of this Council; and lowing applications be granted and Whereas, the premises to be oc- a a i Regular Session, March 3, 1952 125 copied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is directed to issue to the folowing named applicants a Beer Permit. CLASS "B" PERMIT Harold L. Miller, 400-402 Main Street. Mrs. Annice Jaeger, 1598 Elm Street. Nick J. Legler, 553 Eighth Ave- nue Anthony C. Mihalovich, 190 Wash- ington Street. Mathias A. Schneller, 132 Eighth Avenue. Raymond Mc Laughlin, 2222 Cen~ tral Avenue. Jerome J. Love, 37 Eighth Ave- nue. Henry T. Weber, 422 Main Street. Leffa M. Koenig, 600 Central Avenue. Erwin M. Grab and Helen Grab 1575 Central Avenue. Robert J. Quinlan, 1091 White Street CLASS "B" PERMIT FOR PRNATE CLUB Dr. Peper Bowling Lanes Club, 880 Locust Street. CLASS "C" PERMIT Daniel C. Maloney, 892 Cleve- laad Avenue. Clarence J. Kipper, 1585 Delhi Street Ernest W. Pfalzgraf and A. L. Fecker, 1300 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Posed, adopted and approved this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 62-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Adeline Street with curb and gutter from the east prop- erty. line of Grandview Avenue to the West property line of Ro- mona Street estimated cost $1,- 275.74, presented and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION N0. 63-52 Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and aree now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the inprove- ment of Adeline Street from the east property line of Grandview Avenue to the west property line of Romona Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary far the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to 126 Regular Session, March 3, 1952 have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately o w n e cl property lying within assessa- ble distance provided by law sad in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any de- ficiency shall be paid out of the street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read, being a res• alution ordering a street improve- ment be now considered complete in form for final pasage and fur- ther move that the same be placed on file with the City Clerk and remain on file for public inspec- tion for at least one week before final adoption. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Fixing date of Hearing) RESOLUTION N0. 64-52 Whereas, the City Council of the City of Dubuque, Iowa, has by . Resolution No. 62-52 given its pre- liminary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Adeline Street from the east property line of Grandview Avenue to the west property line of Ramona Street and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for gublic inspection. Be It Therefore Resolved that on the 22nd day of March 1952, a public hearing will be held at 9:00 o'clock A. M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the proposed Resolu- tion of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners apt the time of final consid- eration of said resolution have on file with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all objections there- to, at which hearing the Council will hear such objections and enter on record its final decision there- on. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Schueller mPVed the ~= I P' ~' ~' I~ ,~ i Regular Session, March 3, 1952' 127 adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 65-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Apple Street with curb and gutter from the north property line of Cleveland Avenue to the south property line of Oak Street, estimated cost $1,080.70, pre- sented and read. Councilman Aust- in moved the adoption of the res- olution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. ..(Necessity for Improvement) . RESOLUTION NO. 66-52 Whereas, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the folowing: 1. The baundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as• ssed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Apple Street with curb and gutter from the north prop- erty line of Cleveland Avenue to the south property line of Oak Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary 1'or the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance pro• vided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street Im- provement bonds shall be issued and in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contract- tor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved that the resolution just read being a resolution ordering a street im• provement be now considered com- plete in form for final passage and father 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 adoption. Seconded by Councilman Welu. Carried by the following vote; 128 Regular Session, March 3, 1952 Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absenr--Councilman Kolb. (Fixing date of hearing) RESOLUTION N0. 67-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 65-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Apple Street with curb and gutter from the north property line of Cleveland Avenue to the south property line of Oak Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for gublic inspection. Be it therefore resolved that an the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A.M. in the Council Cham- ber in the City of Dubuque at which time the owners of proper- ty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and. proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper in the city of Aubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved his 3rd day of March, 1952, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHIJELLER, 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, Schueller, Welu. Nays-None. Absent Councilman Kolb. RESOLUTION N0. 68-52 Preliminary approval of propos- ed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of the west side of Cross Street with curb and gutter from the south property line Coates Street to the north property line of Simpson Street, estimated cost $1,751,51, presented and read. Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION N0. 69-.-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the. City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the councIl. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the im- provement of the west side of Cross Street with curb and gutter from I~ 4 i Regular Session, March 3, 1952 129 the south property line of Coates Street to the north property line of Simpson Street. Be It Therefore Resolved that the City Council an its own motion deems it advisable and necessary for the public welfaro to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vatelyowned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the samb abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any de- ficiency shall be paid out of the street funds ~ sewer funds, or partly out of each of said funds. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in farm for final passage and further move that the same be glaced on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Fixing Date of Hearing) RESOLUTION N0. 101 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 68-52 given its prelim- inary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of the west side of Cross Street with curb and gutter from the south property line of Coates Street to the north property line of Simpson Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of• fice for public inspection, Be It Therefore Resolved that on the 22nd day of March 1952, a pub- lic hearing will be held at 9:00 o'clock A.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all ob- jections thereto, at which hearing 130 Regular Session, March 3, 1952 the Council will hear such objet- provement of Decatur Street with utter from east property d l i g na curb an tions and enter an record its f u v e Garfield of line dep s~rsendth adopted and approved wwest o property this 3rd day of March, 1952. Avenue. ROMOLO N. RUSSO, $e Ls Therefore Resolved that Mayor the City Council on its own motion CLARENCE P. WELU, deems it advisable and necessary RUBEN V. AUSTIN, for the public welfare to make the LEO N. SCHUELLER, herein mentioned improvement and Councilmen HEA unless property owners at the time onsideration of this l , Attest: J. J. S City Clerk c of the fina proposer resolution have on file Councilman Schueller moved the with the City Clerk objections to adoption of the resolution. Sec- onded by Councilman Austin. Car• the amount of the proposed as• sessments, they shall be deemed ried by the following vote: to have waived all objections there- Yeas-Mayor Russo, Councilmen to. Austin, Schueller, Welu. Said improvement shall be con- Nays-None. strutted and done in accordance Absent-Councilman Kolb. with the plans and specifications RESOLUTION N0. 71--52 which have been prepared there- Preliminary approval of pro- posed plans, specifications, form for by the City Engineer which have been approved by the City of contract, plat and schedule and Council and are now on file with all other documents for the im- the City Clerk. That the cost and provement of Decatur Street with expense of making said mprove- curb and gutter from the east prop- ment will be assessed upon and erty line of Rhomberg Avenue to against all privately owned prop- the west property line of Garfield erty lying within assessable dis• Avenue, estimated cost $1,750.97, tance provided by law and'in an presented and read. amount not to exceed the amount Councilman Schueller moved the provided by law, property will be adoption of the resolution Second- assessed whether the same abuts ed by Councilman Austin. Carried thereon or is adjacent thereto ac- by the following vote: cording to area and in proportion ferred Yeas-Mayor Russo, Councilmen W l to the special benefits con deficiency shall d an u. e Austin, Schueller, N y thereby, an aid out of the general fund, be one. Nays- Absent-Councilman Kolb. p street fund. Street improvement (Necessity for Improvement) bonds shall be issued and sold in RESOLUTION N0. 72-52 anticipation of deferred payments Whereas, proposed plans, speci• fications, form of contract, plat and of assessments when a contract has been performed and accepted and schedule have been duly prepared the proceeds thereof used to pay and approved by the City Council the contractor. of the City of Dubuque and are The above resolution was intro- now on file in the office of the other mon i duced, approved and ordered plac- ith the City Clerk this g ng a City Clerk show things the following: ed on file w 3rd day of March, 1952. 1. The boundaries of the district, Approved: ROMOLO N. RUSSO, if any. 2. The streets to be improved. Mayor CLARENCE P. WELU, 3. The width of such improve- RUBEN V. AUSTIN, went. LEO N. SCHUELLER, 4. Each lot proposed to be as- Councilmen sessed together with a valuation Attest: J. J. SHEA, fixed by the council. City Clerk An estimate of the cost of the 5 Councilman Austin moved that . proposed improvement, and kind of the resolution just read, being a material to be used. resolution ordering a street im- ment be now considered com- 6. In each case the amount there- s• b prove lete in form for final passage and e a of which is estimated to sessed against each lot, for the im• p further move that the same be k .I ~~ Regular Session, March 3, 1952 131 placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb. (Fixing Date of Hmaring) RESOLUTION N0. 73-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 71-52 given its pre- liminary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Decatur Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Garfield Av- enue and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now an file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a pub- lic hearing will be held at 9:00 o'clock A.M, in the Council Cham- ber in the City of Bubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four t4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall .have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 74-52 Preliminary approval of propos- ed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of Decatur Street with curb and gutter from East property line of Prescott Street to West property line of Lincoln Avenue, estimated cost $337.58, presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION N0. 75-52 Whereas, proposed plans, specifi• cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2, The streets to be improved. 3. The width of such improve- ment. 4. Each lot prop<~sed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement and kind of material to be used. 6, In each case the amount there- of which is estimated to be assessed 132 Regular Session, March 3, 1952 against each lot, for. the improve- ment of Decatur Street with curb and gutter from East property line of Prescott Street to the West prop- erty line of Lincoln Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- once provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac• cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- doted, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. Arr..: ~~ed: ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution just read being a reso- lution ordering a street improve- ment be now considered complete in form for final passage and fur- ther move that the same be placed on file with the City Clerk and re• main on file for public inspection for at least one week before final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Fixing Date of Hearing) RESOLUTION N0. 76--52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 74-52 given its pre- liminary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Decatur Street with curb and gutter from East property line of Prescott Street to the west prop- erty line of Lincoln Avenue and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of• fice for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A.M. in the Council Cham• ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objections to the pro- posposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the gassage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera• lion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear r i ~~~ i I~` I' Regular Session, March 3, 1952 133 such objections and enter on record its final decision thereon Passed, adopted and approved this 3rd day of March, 1952, ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN,' LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved -the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION NO. 77--52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Hamilton Street with curb and gutter from the east prop- erty line of Rhomberg Avenue to the west property line of Garfield Avenue, estimated cost $1,289.99, presented and read. Councilman Schueller moved the adoption of the resolution. Second• ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 78-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Hamilton Street with curb and gutter from east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property .lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improve- ment bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plat- ed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved that the resolution just read, being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be plac- ed on file with the City Clerk and 134 Regular Session, March 3, 1952 remain on file for public inspection for at Least one week before final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Fixing Date of Hearing) RESOLUTION N0. 19=52 Whereas, the City Council of the City of Dubuque, Iowa, has by P.esolution No. 77-52 given its preliminary approval on the pro- posedplans specifications and form of contract and placed same on file in the office of the t'ity Clerk for public inspection, for the improve- ment of Hamilton Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Garfield Aw enue and, Whereas, the groposed Resolu• lion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the pro- posed Resolutions of Necessity and the Ci±y Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1952, ROMOLO N, RUSSO, :Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCI-HIELLER, Councilmen Attest: J. J. 5HEA, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RE5OLUTION N0. 80-52 Preliminary approval of propos- ed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of Hamilton Street with curb and gutter from the east property line of Lincoln Avenue to the west property line of Prescott Street, estimated. cost $504.93, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 81-52 Whereas, proposed plans, speci- fications,form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of ±he district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used, 6. In each case the amount there- . of which is ostimated to be assessed Regular Session, March 3, 1952 135 against each lot, for the improve- ment of Hamilton Street with curb and gutter from the east property line of Lincoln Avenue to the west property line of Prescott Street, Be It Therefore Resolved that the City Council an its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, • and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- . strutted and done in accordance with the plans and specifications which have been prepared there- - for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost & ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable d i s t a n c e provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according - to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street im- provement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952, Approved: ~~" ROMOLO N. RUSSO, 1 Mayor CLARENCE P, WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, i~ City Clerk Councilman Austin moved that the resolution just read being a ~± resolution ordering a street im- ~'1 ~ provement be now considered com- ~ n F~ plete 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Fixing Date of Hearing) RESOLUTION N0. 82-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 80-52 given its prelim- inary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Hamilton Street with curb and gutter from the west property line of Lincroin Avenue to the west property line of Prescott Street and, Wheroas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 A,M, in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all 136 Regular Session, March 3, 1952 objections thereto, at which hear- ing the Council will hear such ob• jections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. wr:LU, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 83-52 Preliminary approval of propos- ed plans, specifications, form of contract, plat and schedule and all other documents for the imY.~~ went of Lowther Street with curb and gutter from the west property line of Burden Avenue to the east property line of Brunswick Street, estimated cost $2,144.00, presented and read. Councilman Welu moved the adoption of the resolution. Secrond- ed by Councilman Schueller. Car• vied by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION NO. 84-52 Whereas, proposed plans', specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any, 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement and kind of material to be used. 6, in each case the amount there- of which is estimated to be as• sessed against each lot, for the im- provement of Lowther Street with curb and gutter from the west prop erty line of Burden Avenue to the east property line of Brunswick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the. City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred hereby, and any deficiency shall be paid out of the street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution just read being a reso- lution ordering a street improve- . ment be now considered complete (,. ; 6 l,` ' s_ , '~- a s r ~C ~'`t P; . Regular Session, March 3, 1952 137 in form for final passage and fur- ther move that the same be placed on file with the City Clerk and remain on file for public inspec- tion for at least one week before final adoption. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Fixing Date of Hearing) RESOLUTION N0, 85-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 83-52 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Lowther Street from west property line of Burden Avenue to the east property line of Brunswick Street and, Whereas, the proposed Resolu- tion of Necessity far said improve- ment has been introduced and is now on file in the City Clerk's of• fice for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public hearing will be held at 9;00 o'clock A. M. in the Council Cham• ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the pro- posed assessment, they have have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections. and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved the adoption of the resolution. Sec• onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu, Nays-None. Absent-Councilman Kolb, RESOLUTION N0. 86-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of Romona Street with curb and gutter from 240 feet North of the property line of Adeline Street to 100 feet South of the South prop- erty line of Adeline Street, esti- mated cost $2,024.95, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent--Councilman Kolb. (Necessity for Improvement) RESOLUTION N0. 81-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundries of the district, 1f any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the councB. 5. An estimate of the cost of the proposed improvement and kind of material to be used. i38 Regular Session, March 3, 1952 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Ramona Street from 240' feet North of the North property tine of Adeline Street to 100 feet South of the South property line of Adeline Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Counci] and are now on file with the City Clerk. That the cost and expense of making said improvemennt will be assessed upon amd against all privately owned property lying within assessable distance provided by iaw and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street funds and sewer funds, or partly out of each of said funds. Street improvement bonds shall be issued and sold in anticipa• lion of deferred payments of as• sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final pasage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 88--52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 862 given its pre- liminary approval on the proposed plans specifications and form of contract amd placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Ramona Street from 240 feet North of the North property line of Adeline Street to 100 feet South of the South property line of Adeline Street and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A. M. in the Council Cham- ber in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost here- by directed to cause a notice of the time amd place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have waived al objections thereto, at which hearing the Council will hear such objections and enter have waived all objections thereto, k t ~~~, ;, t ~° ~I`R. Regular Session, March 3, 1952 139 Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Counciiman Austin moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 89-52. Preliminary approval of pro• posed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of the South side of Simpson Street with curb and gutter from the west property line of Fremont Avenue to a point 125 feet west of west property line of Cross Street, estimated cost $4,711.48, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION N0. 90-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against 'each lot for the improvement of the South side of Simpson Street with curb and gut- ter from west property line of Fremont Avenue to a point 125 feet west of west property line of Cross Street. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consider- ation of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property wiIl be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO. N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered 140 Regular Session, March 3, 1952 complete in form for final pass- age 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 wok before final adoption. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. ~hbsent-Councilman Kolb. (Fixing Date of Hearing) RESOLUTION N0. 91-52. Whereas, the City Council of tbe City of Dubuque, Iowa, has by Resolution No. 89-52 given its preliminary approval on the proposed plans, specifications and form of contract and placed same oa file in the office of the City Clerk for public inspection, for the improvement of the South side of Simpson Street with curb and gutter from west property line of Fremont Avenue to a point 125 feet west of west property line of Cross Street, and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be it therefore resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:04 o'clock A.M. in the Coun- cil Chamber in the City of Du- buque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifica- tions and proposed form and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N, RUSSO, Mayor. CLARENCE P. WELU, 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, Schueller, Welu. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 92-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of the East side of Stetmore Street with curb and gut- ter from South property line of Lombard Street to a point 660 feet south, estimated cost $1,486.23, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Coi~:ncilmen Austin, Schueller, Welu. Nays-None. Absent~auncilman Kolb. (Necessity for Improvement) RESOLUTION N0. 93-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis• trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Eaeh lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. i ~' - ;; F. ~,~ Regular Session, March 3, 1952 141 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of the East side of Stetmore Street with curb and gutter from South property line of Lombard Street to a paint 660 feet south. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- sidered and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making said improve meat will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street im- provement bonds shall be issued and sold in anticipation of defer- red payments of assessments when a contract has been performed and accepted and the proceeds there- of used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N, RUSSO, Mayor. CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Fixing Date of Hearing) RESOLUTION N0. 94-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 92-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of the East side of Stetmore Street with curb and gut- ter from the south property line of Lombard Street to a point 660 feet south and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be it therefore resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A.M, in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne• cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera- tion and unless property owners at the time of final consideration of said resolution have on file 142 Regular Session, March 3, 1952 with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final de- cision thereon. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LE4 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, Schueller, Welu, Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 95-52. Preliminary approval of pro• posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Strauss Street with curb and gutter from the west property line of Burden Avenue to the east property line of Bruns• wick Street, estimated cost $2,384.71, presented and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, (Necessity for Improvement) RESOLUTION N0. 96-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following. 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve ment. 4. Each lot proposed to be as~ sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the im- provement of Strauss Street with curb and gutter from the west property line of Burden Avenue to the east property line of Bruns- wick Street. Be It Further Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any .deficiency shall be paid out of the street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac• ed on file with the City Clerk this 3rd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Regular Session, March 3, 1952 143 Councilman Welu moved that the resolution just read being a reso• lotion ordering a street improve- ment 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. (Fixing Date of Hearing) RESOLUTION N0. 91-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Res• olution No. 95-52 given its prelim- inary approval on the proposed plans specification and form of contract and placeed same on file in the office of the City Clerk for provement of Strauss Street with curb and gutter from the west prop- erty line of Burden Avenue to the east property line of Brunswick Street and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 22nd day of March, 1952, a public hearing will be held at 9:00 o'clock A. M. in the Couneil Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the bounaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said res- olution have on file with the Clerk objections to the amount of the pro- posed assessment, they shall Gave been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1952. ROMOLO N. RUSSO Mayor CLARENCE P. WELU 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 4ollowing vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None, Absent-..Councilman Kolb. There being no further business Councilman Schueller moved to ad- journ. Seconded by Councilman 4tielu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. J. J. Shea. City Clerk. Approved .................... 1952 Adopted ...................... 1952 Councilmen .................................... Attest :................................................... City Clerk 144 Special Session, March 22, 1952 City Council (OFFICIAL) Special Session, March 22nd, 1952. Council met at 9:00 A. 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 meeting is called for the purpose of con- ducting public hearings on various street improvements and acting on any other business as may prop- erly come before a regular meet- ing of the City Council. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of con- tract and cost of improvements for the improvement of Adeline Street with curb and gutter from the east property line of Grandview Ave- nue to the west property line of Ramona Street, estimated cost $1,275,74, presented and read. No written objections filed and no ob• jectors present in the Council Chamber at the time set for said public hearing. Councilman Welu moved that the proof of publica- tion be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (pecisian of Council upon ob• • jections to plans, specifications, form of contract and cost of im- provements) RESOLUTION N0. 98-52 Whereas, proposed plans and specifications and form of contract for the improvement of Adeline Street with curb and gutter from the east property line of Grand- view Avenue to the west property line of Ramona Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 195(1, per- taining to public contracts and bonds, and at the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 22nd day of March, 1952, and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A. M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tractfor or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have ben given an oportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore. Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im• provement. Passed, adopted and approved this 22nd day of March, 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. 1 `r ~~'I li~. ~ ~ ~~ Special Session, March 22, 1952 145 (Necessity for Improvement) RESOLUTION N0. 63-52 Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3, The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In the case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Adeline Street with curb and gutter from the east property line of Grandview Avenue to the west property line of Ra- mona Street, Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street Improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 22nd day of March, 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. Second- ed by Councilman Kolb. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 99-52 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces• sity No. 63-52 which was duly passed by this Council, for the im- provement of Adeline Street with curb and gutter from the east property line of Grandview Avenue to the west property line of Ra- mona Street be and the same are hereby ordered and constructed by this Council upon•its own motion with out the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the improvements, whether such prop- erty abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer . ~( 146 Special Session, March 22, 1952 funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the .work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on or before 10 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Weln moved that the resolution just read being a resolu- tion ordering a street improvement be now considered complete in form for final passage and further move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueiler, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im- provement of Apple Street with curb and gutter from the north property line of Cleveland Avenue to the south property line of Oak Street, estimated cost $1,080.70, presented and read. No written ob- jectionsfiled and no objectors pres- ent in the Council Chamber at the time set for said hearing. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Schueiler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueiler, Welu. Nays-None. (Decision of Council upon objec• Lions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 100-52 Whereas, proposed plans and specifications and form of contract for the improvement of Apple Street with curb and gutter from the north property line of Cleve- land Avenue to the south property line of Oak Street have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract far or cost of such improve- ments, said time being this 22nd day of March, 1952 and Whereas, the City Council met in Special session this 22nd day of March, 1952, at 9:00 o'clock A.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consid- ering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun• cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. Be It Further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record ,'! 1 ~, 15€ ~, iii ~r ~~ Special Session, March 22, 1952 147 in connection with said improve- ment. Passed, adopted and approved this 22nd day of March, 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. Second- ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueiler, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 66-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve~ went. 4, Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each to±, for the im- provement of Apple Street with curb and gutter from the north property line of Cleveland Avenue to the south property line of Oak Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improve- ment bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. The fore- going resolution was finally passed and adopted, as proposed, by the City Council this 22nd day of March, 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. Second- ed by Councilman Schueiler. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueiler, Welu. Nays-None, (Ordering Construction) RESOLUTION N0. 101-52 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 66-52 which was duly passed by this Council, for the improve- ment of Apple Street with curb and gutter from north property line of Cleveland Avenue to the south property line of Oak Street be and the same are hereby ordered and constructed by this Council upon its awn motion without the petition 148 Special Session, March 22, 1952 of property owners, All the work shall be cronstructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk, Be It Further Resolved that the cost and expense of the said im• provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess• menu as provided by law after the work has been completed and ac• cepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the, said improve• menu shall be completed on or before 10 calendar days after no- tice to proceed is issued, Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council Approved and placed on file for final action this 22nd day of March, 1952. Councilman Schueller moved that the resolution just read being a resoluiton ordering a street im- provement be now considered com- plete in form for final passage and further moved that the same be placed on file with the City Clerk and remain on file for public in• spection for at least one week before final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pen• dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im• provement of the west side of Cross Street with curb and gutter from south property line of Coates Street to the north property line of Simp• son Street, estimated cost X1,751.51, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon objec• lions to plans, specifications, form of contract and cast of improve• ments.) RESOLUTION N0.102-52 Whereas, proposed plans and specifications and form of contract for the improvement of the west side of Cross Street with curb and gutter from the south property line of Coates Street to the north prop• erty line of Simpson Street have been approved by the City Coun- cil of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec• lions to said plans, specifications or contract for or cost of such improvements, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952 at 9:00 o'clock A.M. at the Council Chambers in the City Hall for the purpose of hear• ing all interested parties and con• sidering any and all objections which have been filed to the pro- posed plans, specifications or con• tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, tiberefore Be It Resolved by the City Coun- Special Session, March 22, 1.952 149 cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract far or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans specifications and form of contract for or Bost of said improvement be made a mattex of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, Lr0 N. SCHUELLER, Councilmen Attest: J, J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas--Mayor Russo, Councilmen _ Austin, Kolb, Schueller, Welu. _ Nays-None. (Necessity for Improvement) RESOLUTION N0. 69-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, - if any. ~. ~'he streets to be improved. 3. The width of such improve- meat, and the sine and kind of ' s sowers. 4, Each lot proposed to be as- ~ sensed together with a valuation i ~''~ fixed by the council. ~ ~~ '~~ ''. 5. An estimate of the cost of the :~ proposed improvement and kind of ~ ~' - ' ~ material to be used. ~ ., 6, In each case the amount there- 44 .,.. ' of which is estimated to be assess- th i f 9 ~. i' ~ m- e or ed against each lot, f C d 6 ross e o provement of the west si ~~. Street with curb and gutter from ~ ~ It: ~I the south property line of Coates Street to the north property line of Simpson Street. Be It Therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and againsi 'nll privately owned property y g within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street im- provement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. The fore- going resolution was finally passed i and aCounecl athsro22nd day of ~ City ~ March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, I LEO N. SCHUELLrR, Councilmen Attest: J. J, SHEA, City Clerk Councilman Kolb moved the i adoption of the reso)ution, 8econd• 150 .Special Session, March 22, 1952 ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 103-52 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 69-52 which was duly passed by this Council, for the im- provement of the west side of Cross Street with curb and gutter from the south property line of Coates Street to the north property line of Simpson Street be and the same are hereby ordered and con- structed by this Council upon its own motion without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the improvements, whether such prop- erty abut uupon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement fiord of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- ments of assessments as provided py law after the work has been completed and accepted by the City Couneil. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on or before 10 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Austin moved that the resolution just read being a resolution ordaining a street im- provement be now considered com- plete in form far final passage and further move that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week be- fore final adoption. Seconded 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 pen- dency or resolution of necessity and hearing upon proposed plans,speci- fications, form of contract and cost of improvement for the im- provement of Decatur Street with curb and gutter from the east prop- erty line of Rhomberg Avenue to the west property line of Garfield Avenue, estimated cost $1,750.97, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 104-52 Whereas, proposed plans and specifications and form of contract for the improvement of Decatur Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con• ;,'~~i ~~~ fi- ~" iii. Special Session, March 22, 1952. 151 tract for or cost of such improve- ments, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications ar con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties Gave been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and prosposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adapted and approved this 22nd day of March, 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. Second- ed by Councilman Austin. Carried 'by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 72-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis• trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Decatur Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis• tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- 152 Special Session, March 22, 1952 seeds thereof used to pay the con- tractor. The above resolution was intro- doted, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro• posed, by the City Council this 22nd day of March, 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. (Ordering Construction) RESOLUTION NO. 105-52. Be it resolved by the city Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 72-52 which was duly passed by this Council, for the improvement of Decatur Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Gar- filed Avenue be and the same are hereby ordered and constructed by this Council upon its own motion and without the petition of proper- ty owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im- provements bepaid for by levying special assessments against the pri• vately owned property lying with- in the assessable distance from the improvements, whether such prop- erty abut upon the same or are ad• jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be it further resolved that the CIty Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro• vided by law, the said improve- ments shall be completed on or before 10 calendar days after na tice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Schueller moved that the resolution just read be- ing an ordinance ordering a street improvement be now considered complete in farm for final passage and further moved that the same be placed on file with the City Clerk and remain on file for pub• lit inspection for at least one week before final adoption. Seconded by Councilman Austin. 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 pen- dency of resolution of necessity and hearing upon proposed plans, specifications. form of contract and cost of improvement for the improvement of Decatur Street with curb and gutter from east property line of Prescott Street to west property line of Lincoln Ave• nue, estimated cost $337.58, pre- sented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said public hearing, Councilman Welu moved that the proof of pub• lication be received and filed. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-NoAe, ~I"iA '~~ ,~, ~.. Special Session, March 22, 1952 153 (Decision of Council upon ob- jectio~ to plans, specifications, form of contract and cost of im- provements. ) RESOLUTION N0. 106-52. Whereas, proposed plans and specifications and form of contract for the improvement of Decatur Street with curb and gutter from east property line of Prescott Street to west property line of Lin• coin Avenue have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bands, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.M, at the Council Chambers in the City Hall for the purpose of hearing aii interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con• tract for or cost of the improve- ment herein described and pro posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be it resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica• tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent rec• ord in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N, AUSSO, 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• owded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 75-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the~City Clerk showing among other things the following: 1. The boundaries of the dis• trict, if any. 2, The streets to be improved. 3. The width of such improve- ment. 4, Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Decatur Street with curb and gutter from the east property line of Prescott Street to the west property line of Lincoln Avenue. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- ~f 154 Special Session, March 22, 1952 for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of the street fund, Street im- provement bonds shall be issued and sold in anticipation of defer- red payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 22nd day of March, 1952. ROMOLO N. RUSSO, Councilmen, 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. (Ordering Construction) RESOLUTION N0. 107-52. Be it resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 75-52 which was duly passed by this Council, for the improvement of Decatur Street with curb and gutter from the east property line of Prescott Street to the west property line of Lincoln Avenue be and the same are here- by ordered and constructed by this Council upon its own motion and without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the improvements, whether such prop- erty abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement fund of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- ments of assessments as provided by law after the work has been completed and accepted by the City Council. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the 'construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 4 calendar days after no- tice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im• provement be now considered com- plete 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 in- spection for at least one week be- fore final adoption. Seconded 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 pendency of resolution of neces- j r-~ n. Special Session, March 22, 1952 155 sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Hamilton Street with curb and gutter from the east property line of Rhom- berg Avenue to the west property line of Garfield Avenue, estimated cost $1,289.99, presented and read. No written objections filed and no objectors present in the Coun• cil Chamber at the time set for said public hearing. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Schuel• ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, (Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 108-52. Whereas, proposed plans and specifications and form of con- tract for the improvement of Ham• ilton Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue have been approved by the City Council of the City of Dubuque and public notice given as provid- ed by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of - all objections to said plans, spe- cifications or contract for or cost of such improvements, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.M, E' at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con• tract for or cost of the improve- ~ - ment herein described and pro- posed to be made; and ~'' Whereas, all interested parties r: have been given an opportunity to be heard and all objections which t have been filed have been duly weighed and considered; now, (r therefore Be it resolved by the City Coun• cil of the City of Dubuque, that all objections which have been made and filed to the plans, spe- cifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RU5S0, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the 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. (Necessity for Improvement) RESOLUTION N0.!78-52. Whereas, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Hamilton Street 156 Special Session, March 22, 1952 from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Be it therefore resolved that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ao- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per• formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. owded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 109-52. Be it resolved by the City Coun• cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 78-52 which was duly passed by this Council, for the im- provement of Hamilton Street with curb and gutter from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue be and the same are hereby ordered and con- structed by this Council upon its own motion and with the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on flle in the office of the City Clerk. Be it further resolved that the cost and expense of the said im• provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, accord- ing to the area thereof and in pro- portion to the special. benefits con- ferred, and any deficiency will be paid out of the street improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been complet- ed and accepted by the City Coun- cil. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, .the said improve- ments shall be completed on or before 10 calendar days after no- lice to proceed is issued. Attest: J. J. SHEA, Be it further resolved that this City Clerk. resolution being deerned urgent Councilman Kolb moved the and of immediate necessity shall adoption of the resolution. Sec- be in force and effect from and k,~ ~ ~ :. ~~ f ~. i~~.: I i ~~i Special Session, March 22, 1952 157 after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im- pyovement be now considered com- plete 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 in- spection far at least one week be- fore final adoption, Seconded 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 pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Hamilton Street with curb and gutter from the east property line of Lincoln Avenue to the west property line of Prescott Street, estimated cost $584.93, pre- sented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said public hearing. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon objec• Lions to plans, specifications, form of contract and cost of improve• manta.) RESOLUTION N0. 110-52. Whereas, proposed plans and specifications and form of contract for the improvement of Hamilton Street with curb and gutter from east property line of Lincoln Avenue to the west property line of Prescott Street have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract fur or cost of such improve- ments, said time being this 22nd day of March, 1952, and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be it resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, spe- cifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore ap• proved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, ~Velu, Nays-None. '(Necessity for Improvement) RESOLUTION N0. 81-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- ~+f 158 Special Session, Match 22, 1952 pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis• trict, if any. 2. The streets to be improved. 3. The width of such improve• ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council, 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma• terial to be used. B. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Hamilton Street with curb and gutter from the east property line of Lincoln Ave- nue to the west property line of Prescott Street. Be it therefore resolved that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file witTi the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed. and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street im- provement bonds shall be issued and sold in anticipation of defer- red payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The above resolution was intro duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was fin- ally passed and adopted as p~o- posed, by the City Council this 22nd day of March, 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 Austin. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. (Ordering Construction) RESOLUTION N0. 111-52. Be it resolved by the City Coun• cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 81-52 which was duly passed by this Council, for the im- provement of Hamilton Street with curb and gutter from the east property line of Lincoln Avenue to the west property line of Pres- cott Street be and the same are hereby ordered and constructed by this Council upon its own motion and with the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im• provements be paid for by levying special assessments against the pri- vately owned property lying with- in the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement, or sew- er funds of the city, or partly from each of such funds. Payment will be made to the contractor out of A ' ~t ~ ` f ~ ~< ~' ~' ~ ~ tl~~ i R 9R .jg i ~~ a Special Session, March 22, 1952 ISy funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be it further resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore seven calendar days after no- tice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in #orce and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Kolb moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Austin. 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 pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Lowther Street with curb and gutter from the west property line of Burden Ave- nue to the east property line of Brunswick Street, estimated cost $2,144.00, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon objec• Lions to plans, 'specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 112-52. Whereas, proposed plans and specifications and form of con- tract for the improvement of Low- ther Street with curb and gutter from the west property line of Burden Avenue to the east proper- ty line of Brunswick Street have been approved by the City Coun- cil of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and .considered; now, therefore Be it resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent rec- ord in connection with said im- provement. 160 Special Session, March 22, 1952 Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SIiEA, 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. (Necessity for Improvement) RESOLUTION N0. 84^52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the the proposed improvement and kind of material to be used. B. In each case the amount thereof which is estimated to be as- sessed against each lot, for the im- provement of Lowther Street with curb and gutter from west proper- ty line of Burden Avenue to the east property line of Brunswick Street. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis• tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street funds. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro• ceeds thereof used to pay the con• tractor. The above resolution was intro- doted, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHITELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec• owded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 113-52 Be it resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 84-52 which was duly passed by this Council, for the improve- ment of Lawther Street with curb and gutter from west property line of Burden Avenue to the east property line of Brunswick Street be and the same are hereby or- dered and constructed by this Council upon its own motion and with the petition of property own• }' .l t ~f tI ,~ i Special Session, March 22, 1952 161 ers. All the work shall be con• strutted in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im• provements be paid for by levy- ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same ar are adjacent thereto, accord- ing to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con• tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro vided by law, the said improve- ments shall be completed on or before the 15 calendar days after notice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Schueller move d that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im• provement of Ramona Street with curb and gutter from 240 feet north of the north property line of Ade- line Street to 100 feet south of the south property line of Adeline Street, estimated cost $2,024,95, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Austin moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of improve~ menu.) RESOLUTION N0. 114-52 Whereas, proposed plans and specifications and form of contract for the improvement of Ramona Street with curb and gutter from 240 feet north of the north prop- erty line of Adeline Street to 100 feet south of the south property line of Adeline Street have been approved by the City Council of th.4 City of Dubuque and public notice given as provided by Chap- ter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 22nd day of March, 1952; and Whereas, the- City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which ~'. 162 Special Session, March 22, 1952 have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 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. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0, 87~i' 2 Whereas, proposed plans, speci- fications,form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the fallowing: 1. The boundaries of the district, if any, 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- se;sed together with a valuation sed by the council, 5. An estimate of the cost of the proposed improvement, and kind of material to lie used. 6, In each case the amount there- of which is estimated to be as- sessed against each lot, for the im- provement of Ramona Street with curb and gutter from 240 feet north of the north property line of Ade- line Street to 100 feet south of the south property line of Adeline Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- saryfor the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk ob- jections to the amount of the pro- posed assesments, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund, and sewer funds ~r partly out of each of said funds. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 3rd day of March, 1952. The for- going resolution was finally passed ::nd adapted, as proposed, by the ~r III; j '. ~y , 3 ill i~ I Special Session, March 22, 1952 163 City Council this 22nd day of March, 1952, ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, REUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction] RESOLUTION N0. 115-52 Be it resolved by the City Coun- cil of the city of Dubuque that pursuant to a resolution of neces- sity No. 87-52 which was duly passed by this Council, for the im- provement of Ramona Street from 240 feet north of the north proper- ty line of Adeline Street to 100 feet south of the south property line of Adeline Street be and the same are hereby ordered and con- structed by this Council upon its own motion and with the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying with- in the assessable distance from the improvements, whether such prop- erty abut upon the same or are ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before the 15 calendar days after notice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Schueller move d that the resolution just read be- ing aresolution ordering a street improvement be now considered complete in form for final pass- age 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 adoption, Sec- onded by Councilman Austin. Car• ried 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 pen- dency of resolution of necessity and hearing upon proposed plans, specifications, farm of contract and cost of improvement for the improvement of the south side of Simpson Street with curb and gutter from the west property line of Fremont Avenue to a point 125 feet west of the west property line of Cross Street, estimated cost $4,711.48, presented and read. No written objections filed and no objectors present in the Coun• cil Chamber at the time set for said hearing. Councilman Austin 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, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 116-52 Whereas, proposed plans and specifications and form of contract for the improvement of the south side of Simpson Street with curb 164 Special Session, March 22, 1952 and gutter :from the west property line of Fremont Avenue to a point 125 feet west of the west property line of Cross Street have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Gode of Iowa, 1959, pertain- ing to public contracts and bonds, and the time and piece fixed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- menu, said time being this 22nd day of March, 1952, and Whereas, the City Council met in special session this 22nd day of Merch, 1952, at 9:00 o'clock A.M. at the Council Chambers in the City hall for the purpose of hear- ing all interested parties and con- sideaing any and all objections Whioh have been filed to the pro• posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be it resolved by the City Coun- cil of the City of Dubuque, that all objections which have been -made and filed to the plans, spe- cifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of con- tract for or cost of said improve- meat bemade smatter of perma- nent recerd in connection with said improvement. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUS5O, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. CouncIlman Austin moved the adoption of the resolution. Sec• onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. (Necessity far Improvement) RESOLUTION N0. 9Ct-52 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the fololwing: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve• ment. 4. Each lot proposed to be -as- sessed together with a volution fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 0. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of the south side of Simpson Street with curb and gut• ter from the west property line of .Fremont Avenue to a point 125 feet west of the west property line of Cross Street. Be it therefore resolved that the City fbuncil on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unhss property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con• strutted and done in aceordance with the puns and specifications which have been prepared there- for by the Cfty Engineer which have been approved by the Ctty Council -and are now on file with the City Clerk, That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis• fence provided by law and in an ~ ~ I~ Special Session, March 22, 1952 165 amount not to exceed the amount provided by law, property will be assessed whether thQ same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per• formed and accepted and the pro- seeds thereof used to pay the con• tractor. The ~ above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 22nd day of March, 1952, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, REUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec• owned by Councilman Austin. Car• Tied by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 117-52 Be it resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 9(1-52 which was duly passed bq this Council, for the improve• meat of the south side of Simpson Street with curb and gutter from the west property line of Fremont Avenue to a point 125 feet west of the west property line of Cross Street, be and the same are here by ordered and constructed by this Council upon its own motion and without the petition of property owners. All the work shall be con• strutted in accordance with the plane and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im• provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in pro portion to the special benefits con• ferred, and any deficiency will be paid out of the general, improve• went, ar sewer funds of the sty, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payme~s of assessments as provided by law after the work has been completed and accepted by the City Coancil. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro• vided by law, the said improve• menu shall be completed on ar before the 15 calendar days after notice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Schueller move d that the resolution just read be• ing a resolution ordering a street improvement be now considered complete in form for final pass- age 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 adoption. Sec- owded by Councilman Kolb. Car- ried by the following note: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing apon proposed plans, specifications, form of contract and cost of improvement for the improvement of the east side of Stetemore Street from the south property line of Lombard Street 166 Special Session, March 22, 1952 to a point 660 feet south, estimated cost $1,486.23, presented and read. No written objections filed and no objectors present in the Coun• cil Chamber at the time set for said hearing. Councilman Kolb moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of improve~ menu.) RESOLUTION N0. 118-52 Whereas, proposed plans and specifications and form of con- tract for the improvement of the east side of Stetmore Street with curb and gutter from south proper- ty line of Lombard Street to a point 660 feet south have been ap- proved by the City Council of the City of Dubuque and public no- lice given as provided by Chapter 391 of the Code of Iowa, 1950, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952, at 9:00 o'clock A.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and .Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be it resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, spe- cifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent rea ord in connection with said im- provement. Passed, adopted and approved this 22nd day of March, 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. (Necessity for Improvement) RESOLUTION N0. 93-52. Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and now on file in the office of the City Clerk showing among oth- er things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as• sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of the east side of Stetmore Street with curb and gut- ter from the south property line of Lombard Street to a point 660 feet south. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners S~ t1ti i i+' k ~. Special Session, March 22, 1952 167 at the time of the final consider- ation of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now one file with the City Clerk. That the cost and ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and anydeficiency shall be paid out of the street fund. Street improve- ment bands shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1952. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, REUBEN 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. (Ordering Construction) • RESOLUTION N0. 119-52 Be It resolved by the City Council of the City of Du- buque that pursuant to a resolu- lion of necessity No. 93-52 which was duly passed by this Council, for the improvement of the east side of Stetmore Street with curb and gutter from the south side property line of Lombard Street to a point 660 feet south be and the same are hereby ordered and constructed .by this Council upon its own motion without the peti- tion of property owners. All the work shall be constructed in ac- cordance with the plans and spe- cifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying with- in the assessable distance from the improvements, whether such prop- erty abut upon the same or are ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sew- er funds of the city, or party from each of such funds. Payment will be made to the contractor out of funds, realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It further resolved that the City Clerk be and he is hereby or• dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pre- vided by law, the said improve- ments shall be completed on or before the 16 calendar days after notice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 22nd day of March, 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage 168 Special Session, March 22, 1952 and further move that the same be placed on file with the City Clerk and remain on file for public in• spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schuellbr; Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans,.speci- fications, form of contract and cost of improvement for the improve- ment of Strauss Street with curb and gutter from the west property litre of Burden Avenue to the east property line of Brnnsvrick Street, estimated° cost ~2,38~.71, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austitt. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Naps-None. Councilman Austin moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried 'by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Messrs John Glaser, Art Kleih and Wm. Beutin addressed the Council stating that they are in favor of the Y.~rosed improvement of Strauss Street with curb and gutter and requested that Council proceed with said improvement. Mr. Bud Schargitz addressed tihe Council stating that he represented some property owners that are sub- ject to assesment for the propsed improvement of Strauss Street and requested that Council postpone ac- tion at this time on the proposed improvement of Strauss Street. TO THE CITY COUNCIL OF DunvQtJE, IOWA We, the undersigned, are own• ere o! property subject to assess- ment for the improvement of Strauss Street, frem the W. P. L. Burden Avemu to the E. P. L, of B'.~...~.viek Street, by the installa• lion of curb and gutter proposed on the general street improvement program and we wish to have this portion of Strauss Street deleted from the program. Francis Schargitz, 2812 Balke Street Mr. and Mrs. John Rohr, 2811 Burden Avenue Mr. and Mrs. Jerome Henkel, 2790 Balke Street Mr. and Mrs. Clarence Steger, 2759 Burden Ave. Mrs. Katie Koerner, 2751 Burden Ave. Mrs. E. R. Travis, 2803 Burden Avenue Camillus R. Hein, 2801 Balke Street Peter Hermes, 2807 Burden Ave. Frank Schargitz, 2800 Balke Street Joseph M. Trumm, 2780 Balke Street C. J. May, 2820 Brunswick Street Terrence N. O'Toole,515 Strauss Street Councilman Austin moved that the petition be received and made a matter of record. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and coat of im• provements.) RESOLUTION N0.120--52 Whereas, proposed plans and specifications and form of contract for the improvement of Strauss Street with curb and gutter from the west property line of Burden Avenue to the east property line of Brunswick Steret have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 22nd day of March, 1952; and Whereas, the City Council met in special session this 22nd day of March, 1952 at 9:00 o'clock A.M. at the Council Chambers in the City Hall for the purpose of hearing all , li~~ ,l Special Session, March 22, 1952 169 interested parties and considering 3. The width of such improve- any and all objections which have ment. been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun• cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications androved of contract heretofore app are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. 5CHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improverr-ent) RESOLUTION N0. 96-54 Whereas, proposed plans, speci fications, form of contract, plat an schedule have ben duly prepare and approved by the City Counci of the City of Dubuque and how on file in the office of th City Clerk showing among othe things the following: 1, The boundaries of the distric if any. 2. The streets to be improved. 4. Each lot proposed to be as• sessed together with a valuation fixed by the councIl. 5. Aa estimate of the cost of the proposed improvement and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Strauss Street with curb and gutter from the west property line of Burden Avenue to the east property line of Brunswick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable end necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objec- tions to the amount of the r..r.~:..1 assessements, they shall be deemed to have waived all objections there- to. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street fund. Street improve- mentbonds shall be issued and sold in anticipation of deferred pay - ments of assessments when a con• d tract has been performed and ac- d cepted and the ,..~~:eds thereof 1 used to pay the contractor. ~ The above resolution was intro- e doted, approved and ordered plac- r ed on file with the City Clerk this t 3rd day of March, 1952. The foregoing resolution was.ifn- ally passed and adopted, as pro- 170 Special Session, Match 22, 195 posed, by the City Council this 22nd day of March, 1952, ROMOLO N. RUSSO, lllayor 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. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 141-52 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 96-52 which was duly passed by this Council, for the im- provement of Strauss Street with curb and gutter from the west property line of Burden Avenue to the east property line of Brunswick Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the improvements, whether such prop- erty abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council, Be it Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on or before 17 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file far final action this 22nd day of March, 1952. Councilman Austin moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. Notice of Claim of Albert S Hen- kel in the amount of $27.52 for damages to a tire and tube on his car caused by the terrible condi- tion of Fink Street, presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investigation and report, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Notice of Claim of Jack Need- ham in the amount of $24.95 for damages to a tire and tube caused by striking a ditch on Fink Street, presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller, Carried by the follow- ingvote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Notice of Claim of Mrs. Hilda Poole in the amount of $10,75 for damages caused in a fall by trip- ping over an iron barred culvert '~ I~ ~~ ~~ I ~' ~j Special Session, March 22, 1952 171 in front of the residence located at 549 West Fifth Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Original Notice of Suit of Frank Schmitt, Plaintiff vs. City of Du• buque, a Municipal Corporation, Defendant in the amount of $1,000 for injuries received in a fall on an icy sidewalk approximately at the southeast corner of Avoca Street and Cherry Street, present- ed and read. Councilman Welu moved that the Original Notice of Suit be re• ferred to the City Solicitor. Sec• onded by Councilman Kolb, Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. March 5, 1952. Mr. John J. Shea, City Clerk, Dubuque, Iowa. Re: Permit No, 52-193, 412 ft. of 8 in, Sanitary Sewer on Mount Vernon Court. For the attention of the Hon. Mayor and Council. Gentlemen: In accordance with the provisions of the Iowa Stream and Lake Pollution Law, Section 135.26, Code of Iowa, 1950, a per- mit is issued for the above project for which plans and specifications have been received in this office. This permit is issued subject to the following conditions and re• quirements. 1, That the minimum slope of the sewers will be 0.4% as stated in letter dated February 23, 1952, from your City Engineer. 2. That planning for adequate sewage treatment facilities for the wastes from the City will be con- tinued so the construction can be completed as set forth in your ap- plication for permit dated July 24, 1951. The application for permit covers sanitary sewer and pump- ing station, extending present sys- tem to Dubuque Packing Co. and residential area. 3. The approval of these plans and the issuance of this permit do not constitute approval of the dis- charge of untreated wastes into the Mississippi River. We are retaining one copy of the approved plans for our files and returning the other copy to the office of the City Engineer. For the Commissioner. Very truly yours, P. J. HOUSER, Director, Division of Public Health Engineering. Councilman Welu moved that the communication 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. Communication of the Depart- ment of the Army, Board of Engi- neers for Rivers and Harbors, Washington, D. C., submitting Na tice of Public Hearing, Mississippi River above the Missouri River for flood protection, Guttenberg, Iowa, to Hamburg Bay, Illinois, hearing to be held at 2:00 P. M. on April 10, 1952, Gravelly Point, Vir- ginia, presented and read. Councilman Austin moved that the communication be received and filed. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of John A, Glaser and others, property owners in the 2700 Block on Brunswick Street, requesting that Council authorize curb and gutter next to their prop- erty line, leaving no room for side- walks, the cost of this improve- ment to be assessed against their property and that the City at no expense to them surface this block on Brunswick Street with crushed stone, presented and read. Councilman Welu moved that the petition be referred to the City Manager and City Engineer for in- vestigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of George Gabel and 172 $pocial Session, March 22, 1952. others requesting the installation of a dre4t light on Pinerd Street between 28tts and 28th Streets, Ar~ented and read. Councilman Welu moved that the petition be t~ferred to the C[ty Manager anQ EloOtricai ItsspecGir for neeontmeadatton and report. 5eponded by Couneitlnan Sehuel• ler. Carried by the foliorring vote: Yeas-M,a7or Russo, Councilmen Auatiu, Kolb, acbueller, Welu. Neys-~Nsne. Petition of Mike Sand and oth• en, Pry„~r,;;q owners on Davenport 84roet, regnestiat abut curb and gotten ba put in and the atreeet graded trecordang to the Plat there- of ftgo- Netionat Street to Stoltz west, yresentpd and read. Coameilmam Wehl moved that a plat and schedule be prepared SwY4rang the re nest. Seconded 1~ Councilman Kolb Carried by tb0 f411+Dwi~ vote; Yese--~tiGsyt-r #lysso, Councilmen A1Miti9ll, l;+glb, f~hUelieC, Welu. igiys--Dlone. ~tltlon !>% McAonnell l.xcavat. ipg Service requesting permasslgn tq excavate In #hs streets and al- leys In accordance wttb the prq• pisjpng of Ordinance No, 45-81, presented and regd. Coas;leilmpn Welu moved that the Tequest be granted. 6econded by Councilman Kolb. Carded by the following vote: Yeas--Mayor Russo, Councilmen Austin, Rolb, Schueller, Welu. Nays-None, Petition of Christ Boggs re• questing a t~eftsnd in the amount 04 !ffi.00 on the unexpired portion ~ his Cigazette Permit No. ~0, as lip has dlsoolttianed business an lUatteh 3, 1s~2, Presented and read, UxmCilman tiolb moved that fist request be granted and the City Auditor he instructed to draw a wurent in the amasnt of $25A0 in favor of Christ Boggs t0 COVET the amount of nefussd granted on the uuerPjred ptxtion of his Cigar- stte Ftrmit 200, Seconded by Cougeflxean we1u. Carried by the failrwr~ vote; Yeas--bfAyat' Rrasso, Councilmen Austin, Kolb, Scitve0er, Weiu. ilayD~^Np[le. Petition of Christ Boggs request ing a refund in the amount of {i1f0.OC on the unexpired portion of his Clear "B" Beer Permit No. 127, as he has discontinued bu~l~ ness on March 3, 1952, presented and read. Councilman Kolb moved that the s~equest be granted and the City Auditor be instructed to draw a warrant in the amount of $150.00 in favor of Christ Boggs to cover the amount pf refund granted on the unexpired portion of his Glass "B" Beer Permit No, 127. SQc- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor listsao, Councilmen Austin, Kolb, Schuehtr, Weau, Nays-None. Potation of Anna Heiar rstluest• frig a refund in the amount of $25.00 on the unexpired portion of her Cigarette Permit No. 248, as she has discontinued business; on March 18, 1952, presented and read. Councilm>iis Kplb moved that the request be granted aiad the City Auditor be instructed to draw a warrant in the amount of $25,00 in favor of Anna Heiar to cover the amount of refund granted on the unexpired portion of her Ci• garette Permit No. 248. Seconded by Councilman Schueller. Car• Tied by the following vote: Yeas-Mayer Russo, Cpuncllmen Austin, Kolb, Schueller, Welu. Nays-None. Petation of Higblend Rxalty Com- pany requesting the grading of the platted alley behveen Strauss Street and Windsor Avenue along Buxden Avenue, presented and read. Councilman 6chuelier move d flat the petition be referred to the City lfanager to confer with Mr. Homer Butt of the I~ighland Beatty Company with reference Qo the petition. Seconded by Councilman Weiu. Carried by the following vote: Ysaa-Mayer Bataao, ColtAShcn3en Austin, Kolb, £vcbnelier, Weiu, 24ays--Ntnte, Petition of Key City Plumbing and Ileatjrig C-0mpany requesting permissioA tp tip excavating in the streets and alleys of the Caty of Dubuque, presented and reap. ~Counrilman Weiu moved that the request be granted. Seconded ~I Special Session, March 22, 1952 173 by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of .Dubuque American Legion Building Corporation re• questing permission to replace the existing stairway and platform for the main emergency exit in the alley at the rear of the building located at Fourth and Locust Streets, presented and read. Councilman Welu moved that the request be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 10-52. An Ordinance granting to Du- buque American Legion Building Corporation, Dubuque, Iowa, its successors and assigns, the right to construct and mair}tain stairway and platform in the alley between Main and Locust Streets between Third and Fourth Street, adjacent to its building and prescribing the conditions of such permit, present- ed and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun• Gilman 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 granting the right to use or occupy a public place 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• lion. Seconded by Councilman Schueller, Carried by the follow- ing vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Petition of the Independent School District of Dubuque, Iowa, requesting permission to install & sanitary force main sewer for the accommodation of the new Irving School to be located on Pennsyl- vania Avenue, as per attached plat, presented and read, Councilman Austin moved Ehat the request be granted, the work to be done in accordance with city specifications and that proper era ceedings be, prepared. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Council Proceedings for the months of November and Decem- ber, 1951, presented for approval. Councilman Welu moved that the Council Proceedings for the months of November and Decem- ber, 1951, be approved as printed. Seconded by Councilman SChuel• ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Holb, Schueller, Welu. Nays-None. ORDINANCE N0. ll•-52. An Ordinance Amending Ordi- nance No. 33--49 known a6 The Traffic Code of the City of Du- buque, by adding a new Section thereto designating the Streets or Routes over which Motor Carriers shall travel within the City, pre• scored and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Wolu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol• lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE No. 1t•52 An Ordinance Amending Ordinance No. 82-49 known as The Traltic Code of the City of Dubuque, by Addiflg a new Section thereto designating the Streets or Routes aver watch Motor Cartiers shall travel within the City, BE IT ORDAINED BY T$E CITY COUNCIL OF TH1r CITY Oll' bU- BUQUE; 174 Special Session, March 22, 1952 'action 1. That Ordinance No. 33-49 known ae The Traffic Code la hereby amended by adding a new Section tti- eto to be known ae Sectlon 16.28 ae lollowa: "Sectlon 15.28. Motor carrlera shall travel over marked highways when oyorated within the City smite and shall not depart therefrom eacept that any motor carrier whose dstlnatlon 1s in ae City may depart from such highway at that point on the hlgh- wa; nearest to Its deatinatlon and then proceed directly to such de~tina- tlon and any motor carrier whose trip originates wlthia the Clty may travel by the most direct route to that point on a marked highway nearest to such point ,of origin." Section 2. Th1a Ordinance ahan be in full force and eftect from and after its tinal passage, adoption and publi• cation as by law provided. Introduced the 22nd day of March lssa. Rule requiring reading on three separate Jaya euepended by unanim- ous vote the a2nd day of March 1952. Paeeed, adopted and approved this Sand day of March 1952. Romolo N. Russo . Mayor Clarence P. Welu Ray F, Kotb Ruben V. Austln Leo N. Schueller Councilmen Atteet: J, J. Shea City Clerk Pgbllahed officially in The Tele- grap''hh-Herald newspaper this 31st day of March, 1962. J. J. Shea City Clerk 1tMar31 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. Communication of the City of Dubuque Airport Commission sub• witting a report of the activities and accomplishments of the Du- buque Airport Commission since its organization in September, 1950, presented and read. Councilman Kolb moved that the report be received and placed on file. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. March 4, 1952. Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: April 4, 1949, the claim of Anna Link for damages received in a fall on an icy side- walk at 30th and Central Avenue, on February 18, 1949, was filed with the City Council and referred to the City Solicitor. At that time the extent of claimant's injuries had not become definite and the City Solicitor, consequently, was unable to make any recommenda- tions. Subsequently, on January 17, 1951, claimant instituted an ac- tion in District Court founded on this claim and asking damages in the amount of $10,000.00. This office has made an investi• gation of the facts and has deter- mined that claimant fell on rough and uneven ice which had been on the sidewalk for several days, She sustained a fractured of her left femur which proved difficult ill healing and no union was effected until the Fall of last year. She has now recovered sufficiently to be able to walk with a crutch and may soon be able to walk with a cane. She has, of course, been unable to work and has sustained loss of wages in the amount of $998 per year for three years. Her medical expense amounts to $1,007.56 to date, I have conferred on this matter with Kenline, Roedell, Hoffman and Reynolds, attorneys for claim- ant and have entered into an agree- ment to settle this action for the sum of $3,014.50, I recommend that this settlement be approved and the City Auditor be instructed to issue a warrant payable to Anna Link and Hal F, Reynolds, her attorney, in the amount of $3,014.50 and to deliver the same upon the receipt of a properly executed release and the dismissal of said action with pre- judice at plaintiff's costs. Respectfully submitted, T. H. NELSON, Councilman Kolb moved that the recommendation of City Solici- tor Nelson be approved and the City Auditor be instructed to draw a warrant in the amount of $3,014.- 50 in favor of Anna Link and Hal F. Reynolds, her attorney, as settle- ment of the claim and court ac- tion, and that said warrant be de• livered upon receipt by the City of Dubuque of a properly execut• ed release and the dismissal of said action with prejudice at plain- tiff's costs. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Special Session, March 22, 1952 175 Austin, Kolb, Schueller, Welu. Nays-None. March 19, 1952. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of February, 1952; also list of claims and list of payrolls for which warrants were issued for the month of February, 1952. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Austin Carried by the following vote: ~. Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. March 12, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of the Dubuque Safety Council requesting the City Manager and City Council to make a careful study of a hazard that now exists on Dodge Street be- tween Booth Street and Grandview Avenue relative to auto accident$ and traffic tieups was .referred to the City Council to view the grounds. The decision of the Council after. viewing the grounds was to in• struct the City Manager to contact the State Highway Commission relative to reconstruction of High- way 20 within the city limits and t the time at which they propose to do this work if it is in their con- - struction program. 1 ~ I recommend that the decision of it the Council be confirmed. Respectfully submitted, ~ ,_ L. J. SCHILTZ, f City Manager. ~: Councilman Austin moved that ~• the recommendation of City Man- - ager Schiltz be approved. Sec- - onded by Councilman Kolb. Car- e ried by the following vote: Yeas-Mayor Russo, Councilmen re ~,,,' Austin, Kolb, Schueller, Welu. ` Nays-None., ~~' r March 12, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Joseph C. Lytle and others asking that the City Council grant them the opening of an alley from Ryder Street to Bradley Street at the rear of their properties, was referred to the City Council to view the grounds. The decision of the Council. after viewing the grounds was that it is not practical to grade this alley at the present time and to defer any improvements until such time as the property west of the alley is improved. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu 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, Wefli. Nays-None. March 12, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. . Gentlemen: The term of William Zuker serv- ing on the Police and Fire Pension Board expires April 1, 1952. The city also has an appointment to make on the City Assessor. Ex- amining Board. The .term in office for this appointment is four years and is made effective August 25, 1952. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that Mr. William Zuker be reappointed as a member of Police and Fire Pension Board for a term of four years, said term expiring April 1, 1956, also that Councilman Leo N. Schueller be appointed as a mem- ber of the City Assessor Examin- ing Board. Seconded by Council- man Kolb, Carried by the follow- ing vote: 176 Slxcial Session, Match 22, 1952 Yeasti-Mayor Russo, Councilmen the r.~~~....mendation of City Man- Austin, KoNi, Scchueiter, Wit. ager Schiltz be adopted. Sec• Nays-None. onded by Councilman Austin. Car• March 12, 1952 tied by the following vote: To the Honorable Mayer eni City C.,:,~.il, I)abugne, Tbra. Gtnen: I have a regnest from Mr. Hugh Callahan, Chief of Police, to send a member at the Police Department to the Traffic Institute of Narth• weaterd tJniversily from Aprll 28tA be May 1~. I recommend that this request be granted because I believe that this type M trainh-g le benetlctal to the Police Department and to the City of Dubuque. R.~:~~ . ~ttelkv submitted, b. J. 5~.~~,.TZ, Citf Manager. Councilman Kolb moved that the recommendation of City Man- ager gctdltt be adopted. Sec- onded by Cematilman 1Vclu. Car- rkd by the fotbwing vote: Yeaa~-Mayor Russo, Camcitmen Austin, Kolb, Schueller, Welu. Nays-Node. March 12, 1952 To the Honorable Mayor an4 City Council, Dubuque, Iowa. Gentlemen: The petition of Mr. and Mrs. Robert L. Baumhover and others requesting the opening of the alley between Windsor Avenue and Buena Vbta Sheet and betw~n 8trawa Street ami Lawthet Street was ref.~,,~,d to the City Council to viex tl-e grounds. The deeiaton of the Council after Yiewlog the ,~~.. ,...ds was that the opening of this alley would create serious drainage problems and possible damage to adlOiaing prop. erty owners, aLo a great expense to the property owners in the con. struction of concrete retaining waR. The decision of the CouocIl was that the petition be denied and I t~ecrommend that this decision of four honorable body be conftrmed. Rapecttallf submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. March 12, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The peGtian of Mrs. Glean Ball and others, together with the com• munication of Loran College, ask- ing for the opening of West 16th Street for continuous travel in the 500 and 9110 bkrcks was referred to the City Council to view the grounds. The decision of the Council after viewing the b....:..ds was that in• vestigatIon be made of the feasi- bility of opening Sixteenth Street in the 500 block and that it was impractical at this time to open a new street to connect Went 16th and West 17th Streets. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councllman Austin moved that the recommendation of City Man• ager Schiltz be arY.~,ed. Sec- onded bq CounM'Iman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councamen Austin, Kolb, Schueller, Welu. Nays-None. March 15, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have a letter from Dr. A. J. Entringer, Duector of Public Health, calling to my attention that poultry and other fresh meats are being sold on the City Centra] Market. Section 170.27 of the Code of Iowa provides that ao person shall make any sidewalk or street dis- play of meat ~.. ~ Acts. Other food products may be displayed if they are enclosed in a showcase or similar device to protect them from flies, dust or other contamination. ~I~,. $pacpal 3e~,~op, Iytgrg~ ~2, ~9,~g 177 ~ vj3w qi' the #act that t~ili section of the cgAe is ill conlliet with 90g1A flt oµr City ardinances, r I recommend thdt a etudY he made ~" of the existipg oxdipag4es to de• terming whlC6 ehApld be &Rt1ed 8!i$ tit the City Ot tep9dled, fr , $Q)ieitor be Igatrusted to pre9>#'C a neW Arfhniiflle gAverieg operation of the Centrni 1lar>Fet. REaplitY submitted, T+• J, SCiIti~TZ, City Manager, CoWicilAlaA KOIb moved that the ep~mW-icatjon of City man- ager $ehilt? be referred to the City manager and City 3oiicitgr for study and report, Seconded by Councpma4 Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-'Nerve. March 21, 195 ?g the honorable Mayor and city eounctt, Dubuque, Iowa. Gentlemen: I am attaching a letter from the Dubuque Bank Ec Trust Com• pany advising the City that M. L. Caber & CempabY have assigned to their beak the equity in the re= esatning proceeds due oa the eqn. struction of the detention reservoir. This should be made a matter of neoard and le the future all war- rants will bs drawn le favor of the Dubuque Bank & "frost Cem- pany amt M, L, C~Ar CpmpanY joifltiy. R~pecttuhY riubalittsd, L, J, ¢~n~L1'~, City Manager, Councilman ]isih peeved that the communication of City mpp. ager 8chiltz, together with the ie~er Af tixe AUinlgne 1iaAk Trust Cempany be reserved cell made a matter Pf record. Sec- paded by Cvunciimaaa SehueUer, Canted by the foAorrtag vote; 3teasTlllaym' Russo, t:oun¢ilpaea Awgtin, ~nlb, Ssbuetier, 'Wdu. i b` Nays-~Noae. AuRUR[JR ~dl>ili ~ TRUST Co. Dubuque, Iowa, March 19, ia5d Idr. iaVetp J. ScitiJta City [tall, Dubuque, IAWa, deer Mr. Sehilts: '>7us is t4 advise that M, ~. GPi~Br ~ CoptPenY hoYa to ~e AuDugue BAnk ~ TrWt CAmpitnf dheir satire ~~' ~ r4Alainiufi arAlwells, due ar to be• come due in the copstfu AA the watt $t~t detaiakion reseryAjy p>?A~fCt, Kindly protect our ieterest in this eaairnment by making checks in settleme~lt or pertiai allttlR- ment to Dubuque Hank ~ Tntdt Company and M. L. Gabtr Pgpa• pany. Ysry trul,v yAiit~s, G. W Corken Assistant Vice President. March 2i, 1852 Ta the ionorable i[ayar ai~i Gity Couaeed, ~ubuq>!e~ IAwa, Gentlemen; $ome time qgo I w&s authorised by the Council to take any action [ thougt-t advisable in regard to hsldAgs eondultted by the Hoard D# ,~p,gigeErz fpF ~ivRrB aDd #~A1'• hors regardipg flgod control ~ the upper Mississippi River. (le March 19th, a eomsnittee np- rasentit-g the Citizens' lbod GuAtrnl Cotup~ittae, ldr~ aA~u 1~;r= per, President of the j~pard A~ DACh rplgp}jsgjpners~ AAd ,nltlEl'f held a W6i'ETR44CY witil ~WPeI Iriniey at RAFk (stood 1~agipeEF's 1?#icE• it way brAugttt cut at this meeting that the AAi}' projecks to be sonside-~d at tbt: nUblle bear. iAg to bs hgid An ~~ ~ 1Y9U~ be thASe projects f;GOro wlvirb tbo Corps Af -eera haYA roadie it favOrabje rvpArt 81Mi have Estj• mated fAe sort of l~OAsttliCt~h Alt-wugh a f~ tantrol study has not been Au-de i`oC t?µhugt~, the .Corps pf FA,giAEers haYE sutb~ AriratiAn to prACeed with Ibis work sA aiAng the river, byt at tb4 presept time CAngres6 ha¢ net seen fit to g„y,,,y~;at6 aAY hinds to da this wor>G t ~viU prepArs a report ~ A4f fiaod control proWsm aa~d itt-roit it ko the >t~+srd at riagivoota, >siwsra 4nd HRrbors, stressi+rg the e~ for ftpod control wart at Auhawtia in order that our serlogg pzobleas elm b4 salltadd M thelr ~. Rvspartful~ s~titted, City i~t1~I-agcr, Ceq@cilipan ,N,psttn 6eAV~ that 178 Special Session, March 22, 1952 the communication of City Man• ager Schiltz be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo; Councilmen Austin, Kolb, Schueller, Welu. Nays-None, March 21; 1952 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The communication of the City Manager recommending establish- ment of one-way streets, installa- tion of traffic lights. and eleminat- ing parking on Eighth Avenue was referred back to the City Manager for further study and report. One question raised .was the operation of emergency vehicles on one-way streets. This does not constitute any problem but neces- sitates arevision of the city or- dinance providing for the operation of emergency. vehicles in the op- posite direction to traffic on one- way streets. `My' original recommendation called for Bluff Street to be one- way from Eighth Street to Dodge Street: I have htid studies made as to the traffic conditions on Bluff and Locust Streets from Dodge Street to Fourth Street and find that at this tune it would be best to leave Bluff Street two-way from Second Street to Dodge Street. This will allow about the same amount of traffic at both Dodge gild Locust and Bluff and Locust ihtersections. It will also mean that northbound traffic on Bluff Street will have to turn east on Secolid and proceed north on Locust at Second Street. Second Streetis a wide thorough- fare,. Traffic lights are aheady in- stalled on Second and Locust which could be retimed to suit traffic conditions better than those at the approach to the Julien Du- buque Bridge. I, therefore, .recommend that Bluff Street be one-way from Eighth Street to Second Street and that Locust, Main and Iowa Streets be one-way streets as recom- mended in my recommendation on February 23rd. Respectfully submitted, L. J. SCHH.TZ, City Manager, Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 12-52 An Ordinance Amending Ordin- ante No. 33-49 to provide. addition- al one-way streets; exempt emer- gency vehicles; and prohibit park- ing on a portion of Eighth Avenue during certain hours, presented and read, Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schuel• ter. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE No. 12.52 An Ordinance Amending Ordinance No. 33-49 to provide additions] one- way streets; exempt emergency ve- hicles; and prohlbt parking on a portion of Eighth Avenue during certain hours. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That Section 10.6 of Or- dinance No, 33-49, known ae the Traf- t[c Code" be and the name is hereby repealed and the following enacted ae a substitute therefor: "Section 10.6. Upon these streets and parts of those streets and in those alleys designated and described. in Schedule I attached hereto and made a part hereof; sign-posted for one- way traffic, vehicles, except author- ized emergency vehicles responding to an emergency call, shall be driven onl7 fn the direction designated." Section 2. That Schedule I of Or- dinance No. 33-49, known as the "Traffic Code;' as amended by Or- dinance No. 44-51 be and the same is hereby repealer{ and the following enacted as a substitute therefor: SCHEDULE I [n accordance with Section 10.0 and when properly aignpoeted, traffic shall move only in the direction indicated Special Session, March 22, 1952 1'~9 upon the following streets or alleys, or parts thereof: 1. Traffic shall move northerly on- ly: e. In the alley between Iowa Street and Central Avenue from West Fourth Street to Loras Boulevard; bl In the alley between Locust Street and Main Street from Jones Street to Weat Twelfth Street; c. In the alley between B1ufP S[ree[ and Locust Street from Eighth Ave- ~! nue to Weat Tenth Street; d. On Iowa Street from West Fourth Street to Loraa Boulevard. e. On Locust Street from West fourth Street to Loras Boulevard. ~, 2. Traffic shall move southerly only: a. In the alley between Central Ave- nue and White Street from East Four- tee..th Street to East Fourth Street; b. In the alley between Maln Street and Iowa Street from West Twelfth Street to West Second Street; c On Bluff Street from Loras Boule- vard to Weat Second Street; d. On Main Street Pram Loras Boulevard to West Fourth Street. Section 3. That Schedule II of Or- dinance No. 33-99. known as the "Traffic Code" be and the same is hereuy amended by adding a new sec- tion thereto as follows: "W. Bluff Street from Loras Boule- vard to the north line of West Twelfth Street, and from the south line of West Twelfth Street to Dodge Street." Section 4. That Section 16.3 of Or- dinance No. 33-99 known as the "Traf- fic Cade" be and the same ie herby revealed and the following enacted as a substitute therefor: "16.3 Angle parking is permitted an- ly on both sides of West Second Street from Iowa Street to Locust Street; the north side of West Sixth Street from Locus[ Street to Bluff Street; the east aide of Bluff Street from West Sixth to West Seventh Street; the south aide of Weat Seventh Street from I;o^ust to Bluff Street. -lpon such streets or parts of streets, vehicles shall oe parked with- in the spaces indicated and with a front wheel of the vehicle against the curb. Vehicles having a greater length than 20 feet over all, shall not be per• milted to park at an angle upon any street." Section 5. That Ordinance No. 33-49 known as the "Traffic Code" be and the same is hereby amended by ao .ng a new section thereto as fol- lows: "Section 10.28 After signs have been erected giving notice thereof, it shall be unlawful to park any vehicle on Eighth Avenue between Central Ave- nue to Bluff Street during the period from 4 o'clock P. M. to 5:30 o'clock P.M., inclusive, of each day, except Sundays and holidays." Section 6. This Ordinance shall be- come effective on a date to be de- termined by the City Manager, not less than six (61 months after the adoption hereof, but after requUed ~ es, and signs have been erected and the changes in parking spaces parking meters, and traffic lanes necessary to implemenC the provisions of this Ordinance establishing one- w: y streets have been made. Notice 1' of suc„ decision shall be published in I'; the Telegraph Herald at least once s prior to such effective date. Passed, adopted and approved this 22nd day of March, 1952, Romolo N. Russo Mayor Clarence P. Welu Ray F. Kolb Ruben V. Austin Lea N. Schueller Councilmen Attest: J. J. Shea City Clerk ublished officially In The Tele- graph-Herald newspaper this 31st day of March, 1952. J. J. Shea City Clerk 1tMar31 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 ad- vertisement for bids for remodel- ing of Fire Station: Central Ave- nue at 18th Street, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following Vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. March 21, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Bids for remodeling of the Eighteenth Street Fire Station were opened and read Tuesday, March 18th, at 2 P.M. Tabulation of bids is attached. Both bids received were over 20% above the estimated cost of the work and I recommend that the bids be rejected. After consulting with the Fire Chief and architects, we feel that some revisions can be made in the plans and specifications to reduce the cost of this work. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man• ager Schiltz be approved and the City Clerk be instructed to read• vertise for proposals and the City Treasurer instructed to return the certified checks to the bidders. Seconded by Councilman Schueller. i8b Special Session, March 22, 1952 Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. March 21, 1952 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same for filing: EXCAVATION Key City Plumbing & Heating Co, 130 West 13th Street, Western Surety Co. C. G. and Ray McDonnell, (Mc- Donnell Excavating Service), 847 Kaufman Avenue, Continental Cas• ualty Co. Respectfully submitted, L. J. 5CHILTZ, City Manager. Councilman Kolb moved that the bonds be approved and placed oa file. Seconded by Councilman Welu. Carried by the following vote: Yeas--Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. (Ordering Construction) RESOLUTION N0. 54-52 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No, 36-52 which was dulq passed by this Council, for the improvement of Mt. Vernon Court from the west property line of South Grandview Avenue to the end of the street be and the same are hereby ordered and construct- ed by this Council with the peti- tion of property owners. All the work shall be constructed in ac• cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are. adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any defeciency will be paid out of the general, improvement, or sewer funds of the city or partly from each of such funds, execpt as otherwise provided by petitions and waivers now on file or hereafter obtained. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by iaw after the work has been completed and ac- cepted bq the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 42 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Approved and placed on file for final action this 3rd day of March, 1952, Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, 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. (Awarding Contract) RESOLUTION N0. 55-52 Whereas, proposals have been submitted by contractors for the construction of an eight (8) inch vitrified the sanitary sewer in Mount Vernon Court pursuant to Resolution No. 94-52 and The ~; Special Session, March 22, 1952 181 Willman Company of Cedar Rapids Iowa contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to The Willman Company of Cedar Rapids, Iowa and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file far one week on March 3, 1952. Passed and adopted this 22nd day of March, 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. 59-52 Whereas, it is the considered judgment of the City Council of the City of Dubuque, Iowa, that provision be made for the location of a new fire station on the corner of Atlantic and University; and Whereas, Lot 5 and 6, part of Tschirgi & Schwind's Subdivision in the City of Dubuque are con- sidered to be well located for this fire station; and Whereas, the City Council con- siders it necessary and expedient that the above described property be acquired by the Municipality: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that Lot 5 Part of Tschirgi and Schwind's Subdivision in the City of Dubuque be purchased from Jess Armitage for the sum of $11,000.00. Be It Further Resolved that Lot S Part of Tschirgi and Schwind's Subdivision in the City of Dubuque be purchased from Al A, Smith for the sum of $14,000.00. Approved and placed on Pilo for final action this 3rd day of March, 1952. Passed, adopted and approved this 22nd day of March, A.D. 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• ended by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 192-59 Whereas, the Mississippi River is an interstate stream which has gained great prominence as the Father of Waters; and Whereas, it is a public respon- sibility to maintain the waters of the stream in an unpolluted con- dition so that the waters may be used far recreation, for water sup- plies, and for other legitimate uses without possibility of harm to any person, industry or community; and Whereas, the water pollution con- trol agencies of Illinois, Iowa and Wisconsin have pointly resolved to continue a concerted program of pollution abatement; and Whereas, the federal government classifies pollution of waters as misuse of natural resources of the nation and as a detriment to pub- lic health and welfare and has, therefore, embarked on a nation- wide pollution abatement program; and Whereas, the City of Dubuque 182 Special Session, March 22, 1952 does discharge untreated or inef- fectively treated sewage into the Mississippi River: Now, Therefore, Be It Resolved that the City of Dubuque will cooperate in the Mis• sissippi River clean-up program, will cause plans to be developed for treatment of sewage from the municipality in conformity with re• quirements of the state on or be- fore July 1, 1954 and will there- after expeditiously carry on con- struction of needed treatment works; And Be It Further Resolved that a copy of this resolution be prom- ptly filled with the State Water Pollution Control Agency. Passed, adopted and approved this 22nd day of March, 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. 123-52 Be It Resolved by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law re- lating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Arnold Unsen and Vincent Un- sen, 1543 Central Avenue. Bohn J. Engling and Bernadette Engling, 2997 Central Avenue. James W. Baxter, 1501 Central Avenue. Floyd Barnhart, 1598 Jackson Street. Maurice H. Mellon, 1100 Lincoln Avenue. Pete S. Sfikas, 760 East 16th Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 22nd .day of March, 1952. ROMOLO N. RU55O, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 124-52 Whereas, applications for Beer Permits have been submitted to this Council for arr.,,~al and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Maurice H. Mellon, 1100 Lincoln Avenue. Ione Miller, 1322 Central Avenue. Herbert E. Althaus, 1575 Central Avenue. Arnold Unsen and Vincent Un• sen, 1543 Central Avenue. Mrs. Adele Geske, 253 West 1st Street. Sylvester A. Weiner and Dolores Weiner, 201 East 22nd Street. CLASS "C" PERMIT Floyd Barnhart, 1598 Jackson Street. Don E. Wertz, 630 Main Street. Passed, adopted and approved this 22nd day of March, 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 Special Session, March 22, 1952 183 adoption of the resolution. Sec- onded by Councilman Kolb. Car• ried by the following vote: t Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. j `_ Nays-None. RESOLUTION N0. 125-52 Whereas, heretofore applications for Beer Permits were filed by the __ within named applicants and they have received the approval of this f Council; and Whereas, the premises to be oc- copied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: Now Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT Maurice H. Mellon, 1100 Lincoln Avenue. Ione Miller, 1322 Central Avenue. Herbert E. Althaus, 1575 Central Avenue. Arnold Unsen and Vincent Un- sen, 1543 Central Avenue. Mrs. Adele Geske, 253 West 1st Street. Sylvester A. Weiner and Delores Weiner, 201 East 22nd Street. CLASS "C" PERMIT ~' Floyd Barnhart, 1598 Jackson i Street. Don E. Wertz, 630 Main Street. Be It Further Resolved that the ` r bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 22nd day of March, 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. RESOLUTION N0. 126-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Adeline Street with asphaltic macadam surfacing from the east property line of Grand- view Avenue to the west property line of Ramona Street, estimated cast $1,283.94, presented aad read. 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. lNecessity for Improvement) RESOLUTION N0. 127-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated fo be assessed against each lot, for the improvement of Adeline Street with asphaltic macadam surfacing from the east property line of Grandview Avenue to the west property line of Ramona Street. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- 184 Special Session, March 22, 1952 structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Couneil and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property }ying within assess- able distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been perfgrmed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCBUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read being a resolution ordering a street im- provement be now considered in form for final passage and further more that the same be placed on file with the City Clerk and re• main on file for public inspection for at least one week before final adoption. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 128-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 128-52 given its preliminary arr. ~ Jal on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, far the improvement of Adeline Street with asphaltic macadam surfacing from the east property line of Grandview Avenue to the west property line of Ramona Street and, Whereas, the proposed Resolu• tion of Necessity for said improve~ went has been introduced and is now on file in the City Clerk's office for public inspection. Be it therefore resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock P. M. in the Council Cham- ber of the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement may appear and make objection to the pro posed plans and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 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. ~o :f ~~ s Special Session, March 22, 1952 185 Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 129-52. Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Apple Street with asphaltic macadam surfacing from north property line of Cleveland Avenue to the south property line of Oak Street, estimated cost $832.17, presented and read. Councilman Koib 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. (Necessity For Improvement) RESOLUTION N0. 130-52. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 6. In ,each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Apple Street with asphaltic macadam surfacing from the north property line of Cleve• land Avenue to the south property line of Oak Street. Be it therefore resolved that the City Council on its own motion deems it advisable and necessary for the public' welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob• jections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assess- able distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in pro- portion to the special benefits con- ferred thereby. Labor and equip- ment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in antici- pation of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution just read being a resolution ordering a street im- provement be now considered complete in form for final pass- age 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 adoption. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date :of hearing) RESOLUTION N0. 131-52. Whereas, the City Council of the 18b Special Session, March 22, 1952 City of Dubuque, Iowa, has by Resolution No. 129-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Apple Street with asphaltic macadam surfacing from the north property line of Cleveland Avenue to the south property line of Oak Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be it therefore resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock P. M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro posed improvement may appear and make objection to the proposed plans and at the same time to the boundaries of the proposed dis- trict, to the cast of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at _the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P, WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCB:UELLER, 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. 132-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Cross Street with asphaltic macadam surfacing from north property line of Simpson Street to south property line of Coates Street, estimated cost $2,- 300.77, presented and read, 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. (Necessity for Improvement) RESOLUTION NO. 133-52 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the improvement of Cross Street with asphaltic macadam surfacing from north property line of Simpson Street to south property line of Coates Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, Special Session, March 22, 1952 187 and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections +~_ thereto. Said improvement shall be con• strutted and done in accordance with the plans which have been prepared therefor by the City En• gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as• sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in. proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered ~~Y: placed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCIIUELLER, Councilmen. Attest: J. J. SIIEA, City Clerk. Councilman Kolb moved that F the resolution just read being a '~ resolution ordering a street im- provement be now considered complete in form for f i n a l ~. passage and further move ' that the same be placed on file with the City Clerk and remain ~.: on file for public inspection for at ~^ ~" I , 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. (Fixing Date of Hearing) RESOLUTION N0. 134-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 1?~ K? given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Cross Street with asphaltic macadam surfacing from north property line of Simp• son Street to south property line of Coates Street, and, Whereas, the proposed Resolu• tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 15th day of April, 1952, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham• ber in the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement may appear and make objection to the proposed plans and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob• f 188 Special Session, March 22, 1952 jections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, 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 CouacRman Austin. Car- ried by the #ollowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 135.52 Preliminary approval of proposed plans, specifications, form of rnn- tract, plat and schedule and all other documents for the improve- ment of Decatur Street with asphal- tic macadam surfacing from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue, estimated cost $1,331.37, presented and read. Councilman Austin moved the adoption of the resolution Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOtUT10N N0. 136.52 Whereas, proposed plans, speci- fications,form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now an file in the office of the City Clerk showing among other things the following: 1. The boundaries- of the district, if any. 2. The streets to be improved, 3. The width of such improve- ment 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 8. An estimate of the cost of the proposed improvement, stating the same far each different type of con- struction and kind of material to be used. 6. la each ease the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Decatur Street with asghal• tie macadam surfacing from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue. Be ft Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mantioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En• gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in' pro- portion to the special benefits con- ferred thereby. Labor and equip- ment cost shall be paid out of the street improvement funds. Bond shall be issued and sold in anticipa- tion of deferred payments of as- sessments when a contract has been performed and u~.;,Y~ed and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on #ile with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk ~i Special Session, March 22, 1952 189 Councilman Schueller moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 137-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 135-52 given its preliminary approval on the pra posed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Decatur Street with asphal- tic macadam surfacing from the east property line of Rhomberg Avenue to the west property line of Garfield Avenue and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock P.bl, in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any fot and to the passage of the pro• posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon Passed, adopted and approved this 22nd day of March, 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. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 138--52 Preliminary approval of proposed plans, specifications, form of con• tract, plat and schedule and all other documents for the improve- ment of Decatur Street with asphal- tic macadam surfacing from east property line of Prescott Street to west property line of Lincoln Av- enue, estimated cost $597.69, pre- sented and read. Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, (Necessity for Improvement) RESOLUTION N0.139-52 Whereas, proposed plans, specifi• cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each Iot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the 190 Special Session, March 22, 1952 same for each different type of con• struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Decatur Street with asphaltic macadem surfacing from east property line of Prescott Street to west property line of Lincoln Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now ;n file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against ali privately owned property .lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits rnnferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plat- ed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved that the resolution just read being a resolu- tion ordering a street improvement be now considered complete in form for•final passage and further move that the same be placed on file with the City Clerk and re- main on file for public inspection for at least one week before final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0.140-,52 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 138-52 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk fur public inspection, for the improve- ment of Decatur Street with asphal- tic macadam surfacing from west property line of Prescott Street to west property line of Lincoln Av enue and, Whereas, the proposed Resolu• tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of• fice for public inspection, Be It Therefore Resolved that on the 15th day of April, 1952 a pub- lic hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time of the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assess- ed against any lot and to the pas• sage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the l ~' I Special Session, March 22, 1952 191 Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N. RUSSO, Mayor CLAIlENCE 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. Second- ~~ ed by Councilman Austin. Carried _ by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.141-52 ' Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of Hamilton Street with as- phaltic macadam surfacing from the east property line of Rhomberg Avenue to west property line of Garfield Avenue, estimated cost $1,382.96, presented and read. 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. (Necessity for Improvement) RESOLUTION N0. 142-52 ~` Whereas, proposed plans, speci• r; fications, form of contract, plat and schedule have been duly prepared and approved by the City Council ~ of the Ci`y of Dubuque and are now on file in the office of the City - Clerk showing among other things ~' the following: k 1. The boundries of the district, h: if any. 2. The streets to be improved. ~. 3. The width of such improve- ment, and the size and kind of i~ sewers. ~ 4. Each lot proposed to be as- ' sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each dif#erent type of construction and kind of ma- terial to be used. 6. In each case "the amount thereof which is estimated to be assessed against each lot, for the improvement of Hamilton Street with asphaltic macadam surfacing from east property line of Rhom- berg Avenue to west property line of Garfield Avenue. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cast and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced and ordered placed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOI.B, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen e'<ttest; J. J. SHEA, City Clerk 192 Special Session, March 22, 1952 Councilman Welu moved that the resolution just read being a resolution ordering a street im- provement be now considered com• plate 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 in- spection for at least one week be- fore final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays--None. (Fixing date of hearing) RESOLUTION N0. 1432 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 141-52 given its preliminary approval on the propos- ed plans, specifications and form of contract and placed same on file fn the office of the City Clerk for public inspection, for the improve- ment of Hamilton Street with as- phaltic macadam surfacing from east property line of Rhomberg Av- enue to west property line of Gar- field Avenue and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock p, m, in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity, and the City Clerk be as-d he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 1952. ROMOLO N, RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None, RESOLUTION N0. 144-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and. all other documents for the improve- ment of Hamilton Street with as- phaltic macadam surfacing from east property line of Lincoln Ave- nue to the west property line of Prescott Stret, estimated cost $649.28, presented and read, 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. (Necessity for Improvement) RESOLUTION N0. 14552 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council 5. An estimate of the cost of the proposed improvement, stating the (. ~~~ ht ~~: ~. ~. ~~ Special Session, Mazch 22, 1952 193 same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Hamilton Street with asphaltic macadam surfacing from the east property line of Lincoln Avenue to the west property line of Prescott Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on #ile with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans which have been prepared therefor by the City Engi- neer which have bene approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the Street Im• provement Fund. Bonds shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro ceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved that the resolution just read, being a rasa lution ordering a street improve- ment, be now considered complete in form for final passage and fur• ther 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 adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 146-54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 144-52 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for pub- lic inspection, for the improvement of Hamilton Street with asphaltic macadam surfacing from the west property line of Lincoln Avenue to the west property line of Prescott Street and, Whereas, the proposed Resolu- tion of Necessity for said improve~ went has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 15th day of April, 1952, a pub• lit hearing will be held at 7:30 p. m. in the Council Chamber im the City of Dubuque at which time the owners of property subject to as- sessment for the proposed improve- ment may appear and make objec- tion to the proposed plans and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the City of Du• buque, the last of which shall be not less than two (2) nor mare than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of fnial consideration of said reso• lution have on file with the Clerk objections to the amount of the pro- posed assessment, they shall have Special Session, March 22, 1952 195 194 Special Session, March 22, 1952 been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 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 ad- option of the resolution. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 141-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Lowther Street with asphaltic macadam surfacing from west property line of Burden Ave- nue to east property line of Brunswick Street, estimated cost $2,577.64, presented and read. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 148-52 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved, 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the im• provement of Lowther Street with asphaltic macadam surfacing from west property line of Burden Av enue to east•property line of Bruns- wick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• structed and done in accordance with the plans which have been prepared therefor by the City En• gineer which have been arY.~yed by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac• ed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. Approved: ROMOLO N, RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: J. J. SHEA, City Clerk i. E t t ~. ,~ ~. ~' ¶ .Councilman Welu moved that the resolution just read being a resa lution ordering a street improve- ment be now considered complete in form for final passage and fur• ther move that the same be placed on file with the City Clerk and re• main on file for public inspection for at least one week before final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 149-52 Whereas, the City Eouncil of the City of Dubuque, Iowa, has by Res• olution No. 147-52 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for pub- lic inspection, for the improvement of Lowther Street with asphaltic macadam surfacing from the west property line of Burden Avenue to the east property line of Brunswick Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of fice for public inspection, Be It Therefore Resolved that o the 15th day of April, 1952, a pu lic hearing will be held at 7:3 o'clock P. M. in the Council Cham ber in the City of Dubuque a which time the owners of propert subject to assessment for the pr posed improvement may appe and make objection to the pr posed plans and at the same tim to the boundaries of the propose district, to the cost of the improv ment, to the amount proposed be assessed against any lot and the passage of the proposed Res lution of Necessity and the Ci Clerk be and he is hereby direct to cause a notice of the time a place of such hearing to be p lished in some newspaper publ' ed in the City of Dubuque, the 1 of which shall be not less th two (2) nor more than four weeks prior to the day fixed for consideration and unless prope owners at the time of final c sideration of said resolutin have file with the Clerk objections the amount of the proposed arse ment, they shall have been deemed to have waived all objections there- to, at which hearing the Council will hear such objections and enter on record its final decision there- on. Passed, adopted and approved this 22nd dROMOLO N. RUSS(), Mayor. CLARENCE P. WELD, IiAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 150--52 Preliminary approval of pro posed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of Ramona Street with as- phaltic macadam surfacing from 240 feet north of the north prop erty line of Adeline Street to 100 - feet south of the south property line of Adelinere ~eet~, a d read n cost $1,082.60, p b- Councilman Austin moved the 0 adoption of the resolution. Sec• - onned by Councilman Schueller. t Carried by the following vote: y Yeas-Mayor Russo, Councilmen o- Austin, Rolb, Schueller, Welu. ar Nays-None. o- e (Necessity for Improvement) d RESOLUTION N0. 151-52 e- Whereas, proposed plans, speci• to fications, form of contract, plat and to schedule have been duly prepared o' and approved by the City Council ed °f the City of Dubuque and are nd now on file in the office of the ub- City Clerk showing among other ~h- things the following: ast 1. The boundries of the district, an if any. (4) 2. The streets to be improved. its 3. The width of such improve- rty went. 00 4. Each lot proposed to be as- ~ sessed together with a valuation aa.. fixed by the council. 196 Special Session, March 22, 1952 5. An estimate of the cost of the proposed Improvement, stat- ing the same for each different type of eonstructron and kind of material to be used, 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Ramona Street with asphaltic macadam surfacing from 240 feet north of the north property line of Adeline Street to 100 feet south of the south prop- erty line of Adeline Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement,and unless property owners at the time of the final consideration of this proposed resolution have on ille with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- 6ineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed , upon apd against all privately owned property lying within as• sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- . erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred pay- ment, when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, aYr.~red and ordered placed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final actron. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHIJELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved that the resolution just read being a resolution ordering a street im• provement be now considered complete in form for final passage and further moved that the same be placed on file with the City Clerk and remain on file for pub• llc inspection for at least one week before final adoption. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. (Fixing Dete of Hearing) RESOLUTION N0. 152-54 Whereas, the City Council of the City of. Dubuque, Iowa, has by Resolution No. 154--52 given its preliminary approval on the pro• posed plans, specifications and form of contract and same placed on file io the office of the City Clerk for public inspection, for the improvement of Ramon a Street with asphaltic macadam surfacing from 240 feet north of the north property line of Adeline Street to lline ofsAdeline the south property Street and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 15th day of April, 1952, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham• ber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may ap• pear and make objection to the proposed plans and at the same time to the boundries of the pro• r. n; r~ r Special Session, March 22, 1952 197 • k Im rowmeM) posed district, to the cost of the ( improvement, to the amount amount proposed Clot and ato fits sensed against any the passage of the proposed Reso• and lotion of Necessity and the C~dtY Co Clerk be and he is hereby rected to cause a notice of the an time and place of such hearing of to be published in some newspaper oth published in the city of Dubuque, 1 the last of which shall be not less if ti-an two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- m eTty owners at the time of final consideration of said resolution se have on file with the Clerk ob• t, jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all P objections thereto, at which hearing s the Councll will hear such objet- c bons and enter on record its final t decision thereon. t Passed, adopted and approved a this 22nd day of March, 1952. i ROMOLO N. RU5S0, 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. 153-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im• provement of Simpson Street with asphaltic macadamise ofcFremont the west property Avenue to the west property line of Cross Street, estimated cost $7,661.68, presented and read. Councilman Kolb moved the adoption ofCounc'lman trSchueller. onded by Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Necessity r P RESOLUTION N0. 1'.u-54 Whereas, proposed plans, speci- tions, form of contract, plat schedule hruvedeb9 ~ Gity ed and app Dubuquue until of the City of d are now on file in the office the City Clerk showing among er things the following: . The boundries of the district, any. 2. The streets to be improved. 3. The width of such improve~ est. 4. Each lot proposed to be aa• ssed together with a valuation used by the council. 5. An estimate of the cost of the roposed improvement, stating the ame for each different type of instruction and kind of material o be used. 6. In each case the amount hereof which is estimated to be ssessed against each lot, for the mprovement of Simpson Street with asphaltic macadam s> ~aecin f from the west property Fremont Avenuo to the west prop- erty line of Cross Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as• sensible distance by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ae• cording to area and in proportion 198 Special Session, March z2, 1952 to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments. of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22ad day of March, 1952. Approved and placed on file for final action. Adr•~~ed: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHIIELLER, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Welu moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further moved that the same be placed on file with the City Clerk and remain on file for public in• spection for at least one week before final adoption. Seconded by Councilman Ausutin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 155-~52 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 153-52 given its pre- liminary approval on the proposed plans, specifications and form of contract and paced same on file in the office of the City Clerk for pub- ic inspection, for the improvement of Simpson Street with asphalt ma- cadam surfacing from the west property line of Fremont Avenue to the west property line of Cross Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is . now on file in the City Clerk's of- fice for public inspection. Be It Therefore Resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock P, M. in the Council Cham• ber in the City' of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objections to the pro- posed plans and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution of Necessity, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper publish- ed in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its con- sideration and unless property owners at the time of final con• sideration of said resolution have on file with the Clerk objections to the amount of the proposed as• sessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 22nd day of March, 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 adopiion of the resolution. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 156-54 Preliminary approval of proposed plans, specifications, form of con• tract, plat and schedule and all other documents for the improve- ment of Stetmore Street with as- phaltic macadam surfacing from south property line of Lombard Street to a point 664 feet south, 1 !!~ r~ tal ~: r ~M ,~j „s f", I~r Special Session, March 22, 1952 199 estimated cost $3,067.84, presented and read. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 157-52 Whereas, proposed plans, speci- fications,form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4, Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con• struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Stetmore Street with asphaltic macadam surfacing from south property line of Lombard Street to a point 660 feet south. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary Efor the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying withiA gssessgble distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in propor• lion to the special benefits con• ferred thereby, Labor and equip- ment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipa• lion of deferred payments of as• sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plat- ed on file with the City Clerk this 22nd day of March, 1952. Approved and planed on file for final action. Approved: ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEON. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Schueller moved that the resolution just read being a resolution ordering a street im• provement be now considered com• plete in form for final passage and further more that the same be placed on file with the City Clerk and remain on file for public in- spection for at least one week before final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 158-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso• lution No. 15f~--52 given its prelim- inary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Stetmore Street with as- phaltic macadam surfacing from south property line of Lombard Street to a point 660 feet south and, Whereas, the proposed Resolu• lion of Necessity for said improve- 200 Special Session, March 22, 1952 went has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 15th day of April, 1952, a pub- lic hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement may appear and make objection to the proposed plans and at the same time to the bound- aries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Nec- essity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived ail objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 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 Second• ed bq Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 159-52 Preliminary approval of pro- posed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Strauss Street with asphaltic macadam surfacing from west property line of Burden Avenue to east property line of Brunswick Street, estimated cost $2,611.72, presented and read, 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. (Necessity for Improvemenf) RESOLUTION N0. 160-52 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Strauss Street with asphaltic macadam surfacing from west property line of Burden Ave- nue to east property line of Bruns- wick Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council aad are now Special Session, March 22, 1952 201 on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of March, 1952. Approved and placed on file for final action. 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 Schueller moved that the resolution just read being a resolution ordering a street im- provement be now considered com- plete in form for final passage and further moved that the same be placed on file with the City Clerk and remain on file for pub- lic inspection for at least one week before final adoption. Se~- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fining Date of Hearing) RESOLUTION N0. 161-52 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution Na. 159-52 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Strauss Street with asphaltic macadam surfacing from the west property line of Burden Avenue to east property line of Brunswick Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 15th day of April, 1952, a public hearing will be held at 7:80 o'clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of prop- erty for the proposed improvement may appear and make objection to the proposed plans and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the pas• sage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper in the city of Du• buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso• lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 22nd day of March, 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• 202 Special Session, March 22, 1952 onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that Mr. Irvin Oeth be appointed as a member of the Planning and Zon- ing Commission for the term ex• pining May 24, 1954 and also as a member of the Board of Adjust• went for the term expiring March 5, 1954. Seconded by Councilman Schueller. Carried by the follow- ing 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 follow- ing vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved .................. 1952 Adopted .................... 1952 Councilmen ..................................... Attest ........................................ City Clerk. ~', ~^;' ,ti ;. ' ~~ `. r il'~'I~ ~r, h Regular Session, April 7, 1952 203 City Council (OFFICIAL) Regular Session, April 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 for the purpose of acting upon such business as may properly come before the meeting. Mayor Russo swore in the newly elected Councilmen, Messrs Charles A. Kintzinger and Clarence P. Welu. for the terms commencing the first Monday in April, 1952. Councilman Welu moved that Councilman Ray F. Kolb be elected Mayor for the ensuing fiscal year. Seconded by Councilman Schueller. Carried by the following vote: Yeas--Councilmen Austin, Kint• zinger, Schueller, Welu. Nays-None. Councilman.Kolb not voting. City Clerk J. J. Shea then swore in the new Mayor, whereupon Mayor Kolb took the Mayor's chair. RESOLUTION N0.162-52 Whereas, Chapter 164 of the laws of the Fifty-Fourth General As• sembly provide that the City Coun- cil shall after their first meeting after election appoint the City Manager, City Clerk, City Solicitor, Assistant City Solicitor and Police Judge; and Whereas, The City Council of Dubuque, Iowa on January 7, 1952 appointed the following city of• ficials: L. J. Schiltz--City Manager. J. J. Shea-City Clerk. Thomas H. Nelson-City Solici• tor. Robert Czizek -Assistant City Solicitor. John J. Heffernan-Police Judge. Now Be It Resolved That the City Council of Du• buque, Iowa hereby confirms the appointment of the following of• ficers: L. J, Schiltz-City Manager. J. J. Shea-City Clerk. Thomas H, Nelson-City Solici• tor. Robert Czizek -Assistant City Solicitor. John J, Heffernan-Police Judge. Passed, adop±ed and approved this 7th day of April, 1952. RAY F. KOLB, Mayor. CLARENCE P. WELU, CHARLES A. KINTZINGER, RUBEN V. AUSTIN, LEO N. SCHUELLER, City 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 Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. Mayor Kolb then swore in the following officers: City Manager L, J. Schiltz; City Clerk, J. J. Shea; City Solicitor Thomas H. Nelson; Assistant City Solicitor Robert Czizek; Police Judge John J. Hef• fernan. Proof of publication, certified to by the publishers, of notice of pub• lic hearing on the proposed zoning and the report of the Planning & Zoning Commission recommending an Amendment to the Zoning Map to provide for the zoning of the area newly annexed to the City by Decree of the District Court dated February 7, 1952, presented 'and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Schueller moved that the proof of publica• lion be received and filed. Sec- onded by Councilman Austin. Car• ried by the following vote: Yeas-Mayor Kolb, Councilmen Austin, Kintzinger, Schueller, Welu. Nays-None. ORDINANCE N0. 13-52 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, Iowa, as pro• vided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to pro- vide zoning classification for the area recently annexed to the City, 'presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kolb, Councilmen