Loading...
Y Roll_32 Part 226o Special Session, June loth, 1949 record. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 13, 1949. John J. Kintzinger, Attorney Dubuque, Iowa Dear Sir: Pursuant to your request we have given attention to recently enacted Senate Files 9 and 337 of the 1949 Session of the General Assembly of Iowa as applicable to financing off-street parking facili- ties by the City of Dubuque, Iowa. The law contained under Chap- ter 390 of the Code as amended by Chapter 206 of the Laws of 1947 presented a law which was questionable insofar as it included ad valorem taxing powers. Section 5 of said Chapter 206 provided for the levy of an ad valorem tax of one half mill per annum upon cer- tain types of real property within a benefited district. Prior to the 1949 session of the General Assem- bly of Iowa we had expressed the opinion that the law was theoretic- ally workable provided the ad val- orem taxing provisions were dis- regarded, and cities and towns could issue revenue bonds for the purpose of acquiring parking lots or other off-street parking areas which would be payable from the net revenues of the parking lots and areas, together with any sur- plus income from parking meters, but that the city could not effec- tively agree to operate particular street line parking meters and throughout the life of the revenue bonds agree to realize any surplus income therefrom. This law has now been amended by Senate File 9 so as to specify the order of preferences for the use and application of revenues from the operation of street line parking meters. It is provided by said Senate File 9 that until such time as there shall have been pro- vided adequate parking lots or other off-street parking areas in any city or town operating park. Ing meters all revenues from the operation of such parking meters or other similar devices shall be used and applied (1) to the pay- ment of the cost of acquisition and installation of meters: (2) to the payment of the cost of main- enance and repairs of meters and collection of meter taxes and the enforcement of traffic laws in the parking meter district; (3) to the payment of the purchase and in- stallation costs of other parking or traffic control devices installed on such portions of streets as are equipped with parking meters, and that it is only after supplying the foregoing requirements that any revenues from parking meters may be used for the retirement of revenue bonds. It is our opinion that the ad valorem taxing powers under this law are still question- able and that any financing there- under will need to be confined entirely to the net revenues of the off-street parking lots and areas and any "available" surplus income from street line parking meters. By Senate File 337 an additional subparagraph has been included under Section 404.5 of the Code of Iowa whereby an ad valorem tax on all of the taxable property in the municipality may be levied by a city or town "whenever parking lots shall have been authorized or established" under the provisions of Chapter 206 of the Laws of 1947. The proceeds of this tax are to constitute a "parking lot fund" to be used to acquire or improve real estate including the erection or improvement of buildings there- on for the parking of vehicles and for the payment of bonds and in- terest thereon issued in anticipa- tion of the collection of such tax. Only such portion of said tax is to be used to pay such bonds as may be necessary after the application of all net returns available from said parking lots or from parking meters or both. Said Senate File 337 also amends Section 408.10 of the Code of Iowa so as to enable cities and towns to anticipate the collection of the parking lot fund through the issuance of bonds or certificates in a manner similar to the procedure followed for the issuance of street improvement fund bonds or certificates. In conclusion it would appear Special Session, June 20th, 1949 a61 that Senate File 9 has not im- proved the situation so far as financing off-street parking lots be- cause the net revenues from the operation of parking meters will be no longer available to apply directly toward the interest and principal requirements of revenue bonds, but rather, the three items hereinbefore mentioned will con- stitute a prior charge on s u c h revenues. The provisions of Senate File 337 will be available, and after a notice and hearing upon the establishment of parking lots as particularly outlined under Sec- tion 2 of said Chapter 206 of the Laws of 1947, each city and town may provide for the levy of taxes on all of the taxable property in the municipality at an annual rate not exceeding one-half mill and may issue bonds or certificates anticipating the collection thereof. Such bonds or certificates would of course .be chargeable against the constitutional debt—incurring power of the city. You understand of course that we have relied upon the uncertir Pied copies of Senate Files 9 and 337 as referred to by you and that these two new laws do not become effective or operative un- til July 4, 1949. In considering Potential revenues from street line parking meters it should be rec- ognized that such meters are theoretically justified only on the basis of police power in the regula- tion of traffic and not as a source of revenue in excess of the cost of operation thereof. There is some discussion of this theory in the decision by the Supreme Court of Iowa cited as Brodkey vs. Sioux City, 291 N.W. 171. Very truly yours, Chapman and Cutler June 14, 1949. Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: On June 6, 1949, a motion was duly passed by the Council that in as much as a grade separation at E. 14th Street and the Railroad tracks is necessary, that the City Manager and City Solicitor be in- structed to advise the Council as to the ways and means to proceed. Complying therewith, we have made an investigation in the mat. ter and recommend the following Procedure: I. The Council should decide the kind of grade separation, whether over or under the tracks. 2. Plans and specifications to be prepared for the project. 3. An Ordinance should be adopt- ed declaring a viaduct necessary for the safety and protection of the public, and said ordinance will provide for appraising, assessing and determining the damages which may be caused by reason of the construction of the viaduct and its approaches. 4. Then direct that the matter be submitted to the Iowa State Commerce Commission for exami- nation and determination as to public safety and convenience, and approval of plans in accordance with Chapter 387 of the 1946 Code of Iowa which provides among other things: 11387.2 *** nor shall any viaduct be required until the Iowa State Commerce Commission shall, after examination, determine the same to be necessary for public safety and convenience and the plans of said viaduct, prepared as herein- after set forth shall have been approved by said Commission." After a decision by the Iowa State Commerce Commission, we will further advise the Council as to procedure. Respectfully, A. A. Rhomberg City Manager John J. Kintzinger City Solicitor Councilman Russo moved that the recommendations of City Man. ger Rhomberg and City Solicitor Kintzinger .be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. 262 Special Session, June loth, 1949 Councilman Thompson moved that the City Manager be authoriz- ed to employ competent engin- eers for the purpos. of preparing plans and specifications for the construction of an overhead pass at East 14th Street and Railroad tracks. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 10, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions we attended and filed appearances at the hearing conducted June 8, 1949 by the Iowa Commerce Commis- sion on the Milwaukee Railroad's petition to discontinue passenger train service between Dubuque and Green Island and to substitute in- stead bus service between Du- buque and Delmar. In addition to the railroad and bus line, the following interests were represented: Dubuque Cham- ber of Commerce, Bellevue, Maquo- keta, Brotherhood of Railroad Trainmen, Order of Railway Con- ductors, and Brotherhood of Loco- motive Engineers. The testimony submitted will be considered by the commission and a decision rendered at a later date. Respectfully submitted, A. A. Rhomberg City Manager J. J. Kintzinger City Solicitor Councilman Russo moved that the communication of City Mana- ger Rhomberg and City Solicitor Kintzinger be received and filed. Seconded by Councilman Thomp. son. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 18, 1949. 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 May 1949, also list of claims and list of pay. rolls for which warrants were issu- ed for the month of May 1949. Respectfully submitted, A. A. Rhomberg, City Manager, Councilman Van Duelman moved that the reports be received and Placed on file. Seconded by Coun. cilman Welu. Carried by the follow- ing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 20, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: In accordance with your instruc. tions, traffic counts were made at two intersections, Seventeenth St. and Central Ave. and at First and Main Streets. Herewith submitted are the re, - suits of the findings, accident his. tory and observations. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Welu moved that the communication of City Man- ager Rhomberg together with the reports be received and placed on file and the Chief of Police in- structed to submit specific recom- mendations for Council considera- tion. Seconded by Councilman Rus- so. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 20, 1949. Mr. A. A. Rhomberg, City Manager; Dubuque, Iowa. Dear Sir: In accordance with your instruc- tions there is hereby submitted an outline of general traffic condi. tions in the city and some specific recommendations pointed to the remedy, together with some sug- gestions relating to the betterment of street use. 1948 TRAFFIC RECORD During the calendar year of 1948 there was a total of 1,054 automo- Special Session, June loth 1949 263 bile accidents which resulted in 7 deaths, 156 injuries, 69 of which were serious ones, 911 cases of property damage involving an esti- mated loss of $88,515.00. To im. prove such a situation simply means that a large proportion of the men on the Police Depart- ment must be assigned to traffic work. TRAFFIC DIVISION One of the most important duties of a Police Department in protecting life and property is the handling of traffic. The impor- tance and character of such police traffic control suggests the crea- tion of a separate traffic division. The chief reasons for this are as follows: A traffic division assures attention to the problem in pro- portion to its importance. It is the only means whereby the Chief of Police can definitely place respon- sibility for the satisfactory perform- ance of this function. A traffic division stimulates police interest and activity in the traffic field. It permits the development of a proper spirit within a selected group of officers with consequent pride in the accomplishments and the ability of the unit to cope with the traffic situation. A traffic divi- sion provides specialization which promotes skill and ability. It devel- ops and applies special techniques and procedures including the ap- plication of engineering principles and educational activities. It as- sures a police traffic program which will be broad, well rounded and effective. It coordinates and increases the application of all Police efforts including those of the non -traffic police. In our case it would require more trained per- sonnel. We are not a large city, therefore over -specialization must be guarded against. There would have to be flexibility in assign- ments to take care of momentary needs and large special .events. A traffic division does, however, merit consideration. TRAFFIC SIGNS, PAINTINGS AND SIGNALS Good traffic signs, paintings, markings and signals are essential to orderly traffic control. Since the Police Department is consider- ed the responsible authority for the placement of signs and mark- ings, it is suggested that the super- vision of these matters .be under the immediate direction of the Police administration. It is further suggested that gradual replace- ment and repainting program for street signs be adopted, perhaps on a three year schedule so that by renovating one-third of all the sighs each year, they would be kept in good useable condition at all times. The increase in use of the newly created 12th Street boulevard in- dicates the need for Stop and Go lights at 12th and Main Streets and their installation is hereby recommended. The need for simi- lar lights at 10th and Locust St. and at 8th and Bluff Streets should be investigated. NARROW STREETS It is suggested that considera- tion be given to restricting park- ing to one side only on those streets having less than 30 feet in width between curbs. An outstand- ing example of a street needing this type of parking restriction is Merz Street from Windsor Avenue to Althauser Street which is the main approach to the Jefferson Junior High School. ONE WAY STREETS There has been considerable dis. cussion by the public on one way streets. It is true that one way streets do speed up traffic flow and consideration may be given to this matter in congested areas. In such consideration it is important to have proper lighting on such one way arteries. However, it is recommended that no one way streets be established until such time as all of the present street facilities are utilized to their greatest potentiality and all avail- able expedients are used, such as elimination of some bus stops on Main St., having a central passen- ger bus loading areas inthe in business district or perhaps rout- ing passenger buses one way on both Locust and Iowa Streets. 264 Special Session, June loth, 1949 HIGHWAYS The by-passing of State High- ways away from congested areas has proven a great aid in relieving such congestion and merits con- sideration. It is suggested that the Iowa State Highway Commission be contacted for the purpose of re- routing U. S. Highway No. 52 and 61 off of Locust Street and to traverse Central Avenue from 14th Street south. This would expedite the movement of traffic through the Central Avenue and 14th St. bottleneck and make unnecessary the right and left hand t u r n s presently required at that inter- section. TRUCKS Common carrier trucks operat- ing under franchises should be made to stay on the marked high- ways. Some restrictions should be Imposed on city deliveries made with large semitrailer trucks. It Is believed that restrictions should also be imposed on deliveries in the congested areas during rush hours, this type of restriction to include coal and fuel oil deliveries. A more careful planning of deliver- ies on the part of suppliers would aid in relieving congestion. STOP INTERSECTIONS Many requests are received from well meaning citizens asking for additional Stop intersections. It is suggested that such Stop inter- sections be established solely on the basis of need, taking due ac- count of previous accident records at such locations. OBSCURED VISUAL CONDI- TIONS Continued effort should be made to trim trees so that overhanging branches do not obscure stop signs markings and signals. The stop light at Jackson and East• 14th Streets and the stop signs on East 12th Street are locations that need such tree trimming at the present time. These are not the only loca- tions where the growth of trees obscures traffic markings. What has been said of trees applies with equal force to hedges. It is suggested that publicity on the matter of trimming hedges on the corner properties be brought to the attention of property owners and their cooperation solicited. INTERSECTIONS It is recommended that heavily used intersections, particularly the ones with Stop and Go signals where there is a considerable turn- ing movement right and left, be marked so as to channel the traf. fic. This will involve the taking away of a number of parking spaces even in the metered areas. However, it is believed that no single remedy will accomplish as much in expediting traffic at the present time at so small an expen. diture of funds. Specifically it is urged that channel lines be mark- ed at 8th and Locust Streets, 6th and Locust Streets and that 14th with traffic lines on all four sides of the intersection. LEFT TURNS The prohibition of left turns during times of peak loads should be considered in the interest of a more free flow of traffic. The regu- lations in force on 8th and Main Streets serve as a good example of what can be done. SCHOOL ZONES School zones should be clearly designated with appropriate signs. A replacement or repainting pro- gram can .be also applied to keep them in the best possible condi- tion. INFORMATION Printed pamphlets on traffic law should be printed and provided to the traveling public when request- ed. This has been practiced by the State and we are sure it will re- sult in much good as an informed public will react better to regula- tion than the uninformed. Automobile and traffic exact their total in lives lost, injuries and property damage sustained and other intangible losses to our community. Respectfully submitted, Jos. H. Strub, Chief of Police. After reviewing these matters with the Chief of Police I concur in his findings. The improvement Of traffic conditions in general will render it possible for the Fire Department to more speedily and safely perform its function. Thos. C. Hickson, Chief of Fire Department. Special Session, June Moth, 1:949 265 June 20, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In compliance with your recom- mendation, I instructed the Chief of Police in cooperation with the Fire Chief to make a survey of traffic conditions in general and of rush hour congestion in particu- lar and to submit a report with specific recommendations for the consideration of the Council. Herewith submitted is the re- port on the subject. I approve the report and concur in the recom- mendations. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Welu moved that the City Manager be authorized to in- stall Stop and Go lights at the Intersection of 12th & Main St. also to channel traffic at the in- tersections of 8th and Locust St. 6th and Locust Streets, 12th and Main Streets and 14th Street and Central Avenue. Seconded by Coun- cilman Russo. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Councilman Thompson moved that the balance of the report be referred to the Council for consid- eration at their meeting of July 5th, 1949, and the Chief of Police to be instructed to attend this meet- ing. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays—None. Mayor Wharton moved that the City Manager be instructed to ascertain how many cities of 20,- 000 population or over have a traffic division in their Police de partment. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas — Mayor Wharton, COun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 20, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the con. struction of a storm sewerage sys- tem for the Hillcrest Annexation, under contract with the Thos. Flynn Coal Company, has been com- pleted. I therefore recommend the acceptance of this work. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays—None. (A Resolution Accepting Improve- ment) CITY OF DUBUQUE, IOWA RESOLUTION NO. 153-49 WHEREAS, the contract for the construction of a storm sewerage system for the Hillcrest Annexa- tion with storm sewers to be loca. ted in the following locations: 1. In Hillcrest Road from the west property line of Asbury Road to the east property line of Ogilby Road. 2. In Morningview Road from the north property line of Hill- crest Road to the south property line of Asbury Road. 3. In Valleyview Road from Morningview Road to Broadlawn Road has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the and City Manager be approved that said improvement be and the same is hereby accepted therefor, BE IT FURTHER rOandEhe that the City Treasurer be 266 Special Session, June 20th, 1949 is hereby directed to pay to the contractor from the sewer fund. 1n amount equal to the amount of his contract, less any retained rercentage provided for therein. Passed, adopted and approved this 20th day of June, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Attest: J. J. SHEA. City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 20, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Tressa Street from the east property line of Esther Street to the west property line of McLenan Sreet with curb and gutter, under contract with he K -M Consruction Company, has been completed. I therefore rec- ommend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager Councilman Welu moved that the recommendation of City Man. ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun. cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 154-49 WHEREAS, the contract f o r ""the improvement of Tressa Street from the east property line of Esther Street to the west property line of McLenan Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of. the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par. cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public Inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment .bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day of June, 1949. Approved: ALBERT WHARTON Mayor. ALBERT WHARTON F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J.J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. NaYs—None. Special Session, June 20th, 1:949 267 June 20, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. This is to advise that the im- provement of Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Street with curb and gutter under contract with the K -M Con- struction Company, has been com- pleted. I therfore recommend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded .by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 155-49 WHEREAS, the contract for the improvement of Esther Street from the south curb line of Mt. Loretta Ave. to the north curb line of Tressa Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assess- ment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con. tract, less any retained percentage provided for therein. Passed, adopted and approved this 20th day of June, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Welu moved . the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. RESOLUTION NO. 156-49 WHEREAS, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: NOW, THEREI+ORE, BE IT RESOLVED by the Coun. cil of the City of Dubuque that the following application be grant- ed and the license is to be issued upon the compliance with t h e terms of the ordinances of this City. Class "B" Permit James M. Gordon 469 Main St. Passed, adopted and approved this 20th day of June, 1949. ALBERT WHARTON Mayor. F, W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELD Councilmen. Attest: J. J. SHEC . Clerk. 268 Special Session, June loth, 1949 Councilman Thompson moved cilmen Russo, Thompson, Van the adoption of the Resolution. Dueiman, Welu. Seconded by Councilman Welu. Nays — None. Carried by the following vote: Yeas — Mayor Wharton, Coun- J. J. SHEA. cilmen Russo, Thompson, Van A ove 4 4 Dueiman, Welu. Adopt ... . Nays — None. RESOLUTION NO. 157.49 WHEREAS, heretofore applica- tion for Class "B" Beer Permit was filed by the within named appli, cant and it has received t h e approval of this Council; and WHEREAS, the premises to be occupied by such applicant have been inspected and found to com- ply with the ordinances of this City and he has filed a proper bond; NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicant a Beer Permit. Class "B" Permit James M. Gordon 469 Main St. BE IT FURTHER RESOLVED that the bond filed by such appli- cant be and the same is hereby approved. Passed, adopted and approved this 20th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Russo moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the;�following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. There being no further business Councilman Van Duelmaa moved to adjourn. Seconded by Council- man Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- ........ ........... ............... - —� Councilmen ................ Attest: ......... .. ..�`.-Q/(�✓....... v City Clerk Special Session, June 3oth, 1949 269 City Council (OFFICIAL) Special Session, June 30th, 1949. Council met at 7:30 p.m. Present—Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. City Manager Rhomberg. Meeting called by order of _Councilmen Thompson and Van ' bu@inian. -* Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting public hearings on the plans, specifications, form of contract, cost of improvement and resolution of necessity for the con- struction of sanitary sewers and appurtenances in what is known as the Cherry -Green Street Sewer District as delimited by Ordinance No. 16-49, also for the construction of a sanitary sewer in Dillon Street and acting on any other business as may properly come before a regular meeting of the City Council. Proof of pubilcation, certified to by the publishers, of notice of hearing on the plans and specifica- tions, form of contract and cost of improvement for the construction of sanitary sewers and appurten- ances in what is known as the Cherry -Green Street Sewer District as delimited by Ordinance No. 16- 49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main for the Cherry -Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta- tion located on the intersection of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets; thence easterly along the center line of the alley between Cherry and Green Streets to a point 5 feet westerly from the prolongation of the line between lots numbered 205 and 206 of Fin- ley's Addition; thence southerly along a line 5 feet westerly of end parallel to the easterly line of lot number 206 of Finley's Addition to the Center of Cherry Street; thence easterly along the center line of Cherry Street to a point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also west- erly along the centerline of Cherry Street to a point on the prolonga- tion of the line between lots num- bered 1 of 208 and 2 of 208 of Finley's Addition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of Finley Street to the centerline of the alley 1st south of Cherry St., also an eight inch vitrified tile sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the center line of Green Street; thence easterly along the center line of Green Street to a point on the prolongation of the line be- tween lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the center of Green and Finley Streets northerly along the center line of Finley Street to the intersection with Poplar and Karrick Streets; thence r_ortherly along the center line of Poplar Street to a point on the prolongation of the line subdivid- ing the northeast 102 feet and the southwest 65 feet -9 inches of lot number 145 of Finley Addition; also westerly from the intersec- tion of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots I numbered 141 and 142 Finley Addition; a six inch cast iron force main to be laid on a line beginning at the lift station located on the intersection ofthe center lines of the alley at corporation limits and the alley between Cherry and da re Streets running north ter line of the alley at the corpora- tion limits a distance of om feet, and continuing north this point with an eight inch vitrified tile sewer main across Asbury Street to the existing sanitary sewer manhole located at the 270 Special Session, June 3oth, 1949 Intersection of said alley and the center line of Seminary Street Estimated cost 8" V. S. P. Sewer $15,253.94, Force Main & Lift Sta. tion $20,351.58. Total $35,605,52. presented and read. Councilman Van Duelman moved that t h e proof of publication be received and filed. Secoaded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. 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 improvement for the construction of sanitary sewers and appurtenances in what is known as the Cherry -Green Street Sewer District as delimited by Ordinance No. 16-49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main for the Cherry -Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta- tion located on the intersection of the center lines of the alley at the corporation limits and t h e alley between Cherry and Green Streets; thence easterly along the center line of the alley be- tween Cherry and Green Streets to a point 5 feet westerly from the prolongation of the line be- tween lots numbered 205 and 206 of Finley's Addition; thence south- erly along a line 5 feet westerly of and parallel to the easterly line of lot number 206 of Finley's Ad- dition to the Center of Cherry Street; thence easterly along the center line of Cherry Street to a Point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also westerly along the centerline of Cherry Street to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 208 of Finley's Addition; a 1 s o from the intersection of the center- lines of Cherry Street and Finley Street southerly along the center- line of Finley Street to the cen- ter line of the alley 1st south of Cherry Street; also an eight inch vitrified tile sanitary sewer begin- ning at said lift station and run- ning north in the alley at the cor- poration limits to the center line of Green Street; thence easterly along the center line of Green Street to a point on the prolonga- tion of the line between lots num- bered 197 and 2 of 198 of Finley's Addition; also from the intersec- tion of the center lines of Green and Finley Streets northerly along the center line of Finley Street to the intersection with Poplar and Karrick Streets; thence northerly along the center line of Poplar Street to a point on the prolonga- tion of the line subdividing the northeast 102 feet and the south- west 65 feet -9 inches of lot num- ber 145 of Finley Addition; also westerly from the intersection of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line beginning at the lift station locat- ed on the intersection of the cen- ter lines of the alley at the cor- poration limits and the alley be- tween Cherry and Green Streets and running north along the center line of the alley at the corpora- tion limits a distance of 880 feet, and continuing north from this Point with an eight inch vitrified tile sewer main across Asbury St. to the existing sanitary sewer man- hole located at the intersection of said alley and the center line of Seminary Street presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Special Session, June 3oth, 1949 271 (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION NO. 158-49 WHEREAS, proposed plans and specifications and form of contract for the construction of sanitary sewers and appurtenances in what is known as the Cherry -Green St. Sewer District as delimited by ordinance No. 16-49. The improvement shall consist of the construction of an eight (8) Inch sanitary sewer, lift station and six (6) inch cast iron force main for the Cherry -Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta- tion located on the intersection of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets; thence easterly along the center line of the alley between Cherry and Green Streets to a point 5 feet westerly from the prolonga- tion of the line between lots num- bered 205 and 206 of Finley's Ad- dition; thence southerly along a line 5 feet westerly of and parallel to the easterly line of lot number 206 of Finley's Addition to the Center of Cherry Street; thence easterly along the center line of Cherry Street of a point on the prolongation of the line between lots numbered 220 and 221 of Fin- ley's Addition; also westerly along the centerline of Cherry Street to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 208 of Finley's Ad- dition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the center line of Finley Street to the centerline of the alley 1st south of Cherry Street; also an eight inch vitrified Mile sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the cen- ter line of Green Street; thence easterly along the center line of Green Street to a point on the pro- longation of the line between lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the center lines of Green and Finley Streets northerly along the center line of Finley Street to the intersection with Poplar and Karrick Streets; thence northerly along the center line of Poplar Street to a point on the prolongation of the line subdivid- ing the northeast 102 feet and the southwest 65 feet -9 inches of lot number 145 of Finley Addition; also westerly from the intersec- tion of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on thle prolongation of the line ,between lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line beginning at the lift station located on the intersection of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets and running north along the cen- ter line of -the alley at the cor- poration limits a distance of 880 feet, and continuing north from this point with an eight inch vitrified tile sewer main across Asbury Street to the existing san- itary sewer manhole located at the intersection of said alley and the center line of Seminary 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, 1946, 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 improvements, said time being this 30th day of June, 1949; and WHEREAS, the City Council met in special session this 30th day of June, 1949, at 7:30 o'clock p.m. at the Council Chambers in the City Hall for the purpose of hearing all 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 propos- ed to be made; and WHEREAS, all interested part- ies have been given an opportunity to be heard and all objections which have been filed have been ala Special Session, June 30th, 1949 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, 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 mat- ter of permanent record in con- nection with said improvement. Passed, adopted and approved this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas —Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (Necessity for Improvement) RESOLUTION NO. 145-49 WHEREAS, proposed plans, specifications, 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 offi<;e of the City Clerk showing among other things the following: 1. The boundries of the district, If any. 2. The size and kind of sewers. 3. Each lot proposed to be assess- ed together with a valuation fixed •by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mate- rial to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of sanitary sewers and appurtenances in what is known as the Cherry -Green Street Sewer District as delimited by Ordinance No. 16-49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift sta- tion and six (6) inch cast iron force main for the Cherry -Green Street Sewer District. The eight (8) inch sewer line begins at the lift station located on the inter- section of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets; thence easterly a- long the center line of the alley between Cherry and Green Streets to a point 5 feet westerly from the prolongation of the line be- tween lots numbered 205 and 206 of Finley's Addition; thence south. erly along a line 5 feet westerly of and parallel to the easterly line of lot number 206 of Finley's Ad- dition to the Center of Cherry Street; thence easterly along the center line of Cherry Street to a Point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also westerly along the centerline of Cherry Street to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 208 of Finley's Addition; also from the intersection of the centerlines of Cherry Street and Finley St. southerly along the center line of Finley Street to the centerline of the alley 1st south of Cherry St., also an eight inch vitrified tile sanitary sewer .beginning at said lift station and running north in the alley at the corporation limits to the center line of Green Street; thence easterly along the center line of Green Street to a point on the prolongation of the line be- tween lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the center lines of Green and Finley Streets north- erly along the center line of Fin- Special Session, June 3oth, 1949-73 ley Street to the intersection with Poplar and Karrick Streets; thence northerly along the center line of Poplar Street to a point on the prolongation of the line subdivid- ing the northeast 102 feet and the southwest 65 feet -9 inches of lot number 145 of Finley Addition; also westerly from the intersection of Finley and Poplar Street along a line 12 feet southerly frnm and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line be- ginning at the lift station located on the intersection of the center lines of the alley at the corpora- tion limits and the alley between Cherry and Green Streets and run- ning north along the center line of the alley at the corporation limits a distance of 880 feet, and con- tinuing north from this point with an eight inch vitrified tile sewer main across Asbury Street to the existing sanitary sewer manhole located at the intersection of said alley and the center line of Seminary Street. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned 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 assess- ments, 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 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 in assessable distance provided by law and in an amount not to ex- ceed the amount provided by law, property will be assessed whether the same abuts thereon or is adja- cent thereto according to area and in proportion to the special bene- fits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of asses2ments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of June, 1949. The foregoing resolution w a s finally passed and adopted, as pro- posed, by the City Council this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Welu. Car ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (Ordering Construction) RESOLUTION NO. 159-49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant 145 49 resolution of necessity this which was duly passed by Council for the construction of sanitary sewers and appurtenances in what is known as the Cherry - Green Street Sewer District as delimited .by Ordinance No. 16.49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force 274 Special Session, June 3oth, 1949 main for the Cherry -Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta• tion located on the intersection of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets; thence easterly along the center line of the alley between Cherry and Green Streets to a point 5 feet westerly from the pro- longation of the line between lots numbered 205 and 206 of Finley's Addition; thence southerly along a line 5 feet westerly of and par- allel to the easterly line of lot number 206 of Finley's Addition to the Center of Cherry S t r e e t; thence easterly along the center line of Cherry Street to a point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also west- erly along the centerline of Cherry Street to a point on the prolonga- tion of the line between lots num- bered 1 of 208 and 2 of 208 of Finley's Addition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of Finley Street to the centerline of the alley 1st south of Cherry St. also an eight inch vitrified tide sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the center line of Green Street; thence easterly along the center line of Green Street to a point on the prolongation of the line be. tween lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the center lines of Green and Finley Streets north- erly along the center line of Fin- ley Street to the intersection with Poplar and Karrick Streets; thence northerly along the center line of Poplar Street to a point on the Prolongation of the line subdivid. Ing the northeast 102 feet and the southwest 65 feet.9 inches of lot number 145 of Finley Addition; also westerly from the intersec- tion of Finley and Poplar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line beginning at the lift station located on the intersection of the center lines of the alley at the corporation limits and the alley be. tween Cherry and Green Streets and running north along the cen- ter line of the alley at the cor- poration limits a distance of 880 feet, and continuing north from this point with an eight inch vit- rified tile sewer main across As- bury Street to the existing sani- tary sewer manhole located at the intersection of said alley and the center line of Seminary Street, be and the same are hereby ordered and constructed by this Coun- cil 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 improvements .be paid for by levying s p e c i a l assessments against the privately owned prop- erty 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 bene- fits 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 deferr- ed 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 ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided .by law, the said Improvements shall be completed on or before 75 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED 'hat this resolution being deemed Special Session, June 3oth, 1949 275 urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 30th day June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Proof of publication, certified to by the publishers, of noticle of hearing on the plans and specifica- tions, form of contract and cost of improvement for the construction of an eight (8) inch vitrified tile sanitary sewer in Dillon Street beginning at the existing manhole in State Street (being 292 feet south of the center line of Curtis Street) and running westerly on or about the center line of the alley 1st south of Curtis Street for 391 feet to M. H. No. 2 at the cen. ter of Dillon Street, thence south- erly along the center line of Dil- lon Street for 457 feet to the ter- minal point, estimated cost $4,055.- 48, 4,055:48, presented and read. Council- man Van Duelman moved that the Proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, 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 and specifications, form of contract and cost of improvement for the construction of an eight (8) inch vitrified tile sanitary sewer in Dillon Street beginning at the existing manhole in State Street (being 292 feet south of the cen- ter line of Curtis Street) and run- ning westerly on or about the center line of the alley 1st south of Curtis Street for 391 feet to M. H. No. 2 at the center of Dillon Street, thence southerly along the center line of Dillon Street for 457 feet to the terminal point, presented and read. Council- man Van Duelman moved that the proof of publication be received and filed. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (Decision of Council upon objec- tions to plans, specification, form of contract and cost of improve- ments.) RESOUTION NO. 160.49 WHEREAS, proposed plans and specifications and form of contract for the construction of an eight (8) inch vitrified the sanitary sewer in Dillon Street beginning at the existing manhole in State Street (being 292 feet south of the center line of Curtis Street) and running westerly on or about the center line of the alley 1st south of Curtis Street for 391 feet to M. H. No. 2 at the center of Dillon Street, thence southerly along the center line of Dillon Street for 457 feet to the terminal point have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 391 of the Code of Iowa, 1946 pertaining 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 30th day of June, 1949, and WHEREAS, the City Council met in special session this 30th day of June, 1949, at 7:30 o'clock p.m. at the Council Chambers in 276 Special Session, June 3oth, 1949 the City Hall for the purpose of hearing all 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 part- ies 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 des- cribed and proposed to .be made, be and the same are hereby over- ruled 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 mat- ter of permanent record in con. nection with said improvement. Passed, adopted and approved this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W., THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (Necessity for Improvement) RESOLUTION NO. 148-49 WHEREAS, proposed plans, specifications, 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 size and kind of sewers. 3. Each lot proposed to be assess ed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch vitrified tile sanitary sewer in Dillon Street beginning at t h e existing manhole in State Street (being 292 feet south of the center line of Curtis Street) and running westerly on or about the center line. of the alley 1st south of Curtis Street for 391 feet to M. H. No. 2 at the center of Dillon Street, thence southerly along the center line of Dillon Street for 457 feet to the terminal point. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, 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 Special Session, June 3oth, 1949 277 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 general fund, improvement funds or sewer funds, or partly out of each of said 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 railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of June, 1949. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thomson, Van Duelman, Welu. Nays — None. (Ordering Construction) RESOLUTION NO. 161-49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 148-49 which was duly passed by this Council, for the construction of an eight (8) inch vitrified tile san- itary sewer in Dillon Street begin- ning at the existing manhole in State Street (beng 292 feet south of the center line of Curtis Sreet) And running westerly on or about the center line of the alley 1st south of Curtis Street for 391 feet to M. H. No. 2 at the center line Of Dillon Street, thence southerly along the center line of Dillon Street for 467 feet to the terminal Point 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 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 improvements be paid for by levying special assessments against the privately owned prop. erty 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 bene- fits 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 defer- red 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 ad- vertise for proposals for the con- struction of the various improve. ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 21 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall .be in force and effect from .and after its passage and adoption by the City Council. Passed, adopted and approved this 30th day June 1949. ALBERT WHARTON Mayor. F. W THOMPSON FRANK VA NDUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHE City Clerk. X78 Special Session, June 3oth, 1949 Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Communication of the Holl De- signing Company submitting pro- posal for engineering services for the East 14th Street overpass presented and read. Mr. Paul Ros- siter, a member of the Holl De- signing Company, addressed the Council in support of their pro- posal for the furnishing of engi- neering services for the East 14th Street overpass. Councilman Russo moved that action be suspended on the proposal of the Holl De- signing o-signing Company until the Council meeting of July 18th, 1949. Second- ed by Councilman Thompson. Car- ried .by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Communication of City Manager Rhomberg, submitting proposal of Consoer, Townsend and Associates for engineering services for the East 14th Street overpass and rec- ommending the adoption of a reso- lution authorizing the entering in- to of a contract with the firm of Consoer, Townsend and Associates, presented and read. Councilman Russo moved that action be sus- pended on the proposal of Con- soer, Townsend and Associates and also on the recommendation of City Manager Rhomberg until the Council meeting of July 18th, 1949. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Mr. Allen Wallis addressed the Council asking that Dillon Street be graded and that curb an d gutter be constructed on said street. Petition of Mr. and Mrs. Charles J. Scharff and others requesting that Bluff Street between 3rd and 4th Streets be placed on a two. hour parking basis, presented and read. Councilman Russo moved the petition be referred to the Chief of Police for investigation and report and also that the report include the territory from 1st St. to 3rd Street on Bluff Street. Seconded by Councilman Thomp- son. Carried .by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of Mrs. C. J. May and others requesting the installation of street lights on York Street, presented and read. Councilman Russo moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of the Mettel Realty & Investment Company requesting re- zoning of certain properties locat- ed on the Northwest corner of West 32nd Street and Central Ave- nue to a business classification, presented and read. Councilman Van Duelman moved that the peti- tion be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of the Dubuque Safety Council requesting the moving of Special Session, June 30th, 1949 279 the bus stop on the West Dubuque line from the north side of 8th Avenue just east of Main Street to the north side of 8th Avenue just west of Main Street, present. ed and read. Councilman Russo moved that the petition be referred to the Chief of Police for investigation and re- port. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of A. Y. McDonald Man- ufacturing Company requesting the vacation and conveyance of East 13th Street from the easterly line of Pine Street to the westerly line of Sycamore Street; also Pine Street from the northerly line of East 13th Street to 50 feet from the southerly line of East 14th Street; the alley between Pine Street and Maple Street; Maple Street from the northerly line of East 13th Street to 50 feet from the southerly line of East 14th St., presented and read. Councilman Van Duelman moved that the peti- tion be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Russo. Car- ried .by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of the Thrifty Food Market and others requesting two- hour parking restrictions on White Street from East 10th Street to East 12th Street, presented and read. Councilman Welu moved the Petition be referred to the Chief of Police for investigation and re- port. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Communication of the Parks Air- lines Inc. by Oliver L. Parks, rec- ommending that the City take whatever action they believe to be most appropriate and effective in order to make the wishes of the City known to the members and chairman of the Civil Aeronautics Board in the matter of hearing on the agreement between Parks Air- lines Inc. and Mid -Continent Air. lines, presented and read. Council- man Russo moved that the com- munication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Nays — None. Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Certificate of Fire Pension Levy determining and fixing the budget requirements and tax levy for the ensuing year for fire pension pur- poses in the amount of $50,000.00, presented and read. Councilman Van Duelman moved that the cer- tificate .be referred to the Council for consideration at the time the tax levy is being considered by the Council. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays—None. Certificate of Fire Retirement Levy determining and fixing the budget requirements and tax levy for the ensuing year for fire re- tirement purposes in the amount of $15,000.00 presented and read. Councilman Van Duelman moved that the certificate be referred to the Council for consideration at the time the tax levy is being considered by the Council. Second- ed by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Certificate of Police Pension Levy determining and fixing the budget requirements and tax levy for the ensuing year for police pension purposes in the amount of $30,00.00, presented and read. Coun cilman Van Duelman moved that the certificate be referred to the Council for consideration at the time the tax levy is being consider- ed .by the Council. Seconded by 280 Special Session, June 3oth, 1949 Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thomnson, Van Duelman, Welu. Nays — None. Certificate of Police Retirement Levy determining and fixing the budget requirements and tax levy for the ensuing year for police retirement purposes in the amount of $11,000.00, presented and read. Councilman Van Duelman moved that the certificate be referred to the Council for consideration at the time the tax levy is being con- sidered by the Council. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Certificate of Playground and Swimming Pool Maintenance Levy outlining the budget requirements and tax levy for the ensuing year for playground and Swimming pool maintenance purposes in t h e amount of $26,386, presented and read. Councilman Van Duel - man moved that the certificate be referred to the Council for con- sideration at the time the tax levy is being considered by the Council. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Certificate of Playground Improve- ment Fund outlining the budget requirements and tax levy for the ensuing year for the improvement of playgrounds in the amount of $32,341.00, presetned and read. Councilman Van Duelman moved that the certificate be referred to the Council for consideration at the time the tax levy is being considered by the Council. Second- ed by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Council proceedings for the month of January, 1949, presented for approval. Councilman Thomp- son moved that the Council Pro- ceedings for the month of January, 1949 be approved as printed. Sec- onded by Mayor Wharton. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Ordinance No. 26-49. An Ordi- nance creating a Playground and Recreation Commission of the City of Dubuque, defining its powers and duties, and providing for joint maintenance and opera- tion of playground and recreation facilities with the Board of Educa- tion of the Independent School District of Dubuque ORDINANCE NO. 26 - 49 An Ordinance creating a Play- ground and Recreation Commis- sion of the City of Dubuque, de- fining its powers and duties, and providing for joint maintenance and operation of playground and recreation facilities with the Board of Education of the Independent School District of Dubuque. Whereas, the citizens of the City of Dubuque are vitally interested in the scientific and successful management of playground and rec- reational activities to be provided for by the City Council of said City working in co-operation with the Board of Education of the In- dependent School District thereof; Whereas, the City Council of said City believes that, in order to bring about the best results and do the greatest amount of good, it is advisable that all recre- ation activities be combined and administered through a single board or commission whose mem- bers shall serve without compen- sation and whose duties shall ,be to see that all moneys are properly and accurately expended; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. Commission Created. That there be and there is hereby created a commission to be known Special Session, June 3oth, 1949 281 as Playground and Recreation Commission of the City of Du- buque" of seven members consist- ing of a representative of the .Board of Education of the Inde• pendent School District of Dubu- que, a representative of the Paro- chial School System, the City Man- ager as ex -officio members, to- gether with four citizen members, at least two of whom shall be women, all of whom shall serve without compensation. The mem- bers of the commission shall be appointed by the City Council and their term of office shall be for a period of three years. When a vacancy occurs on such commis- sion it shall be filled by the City Council, but such member thus appointed shall be appointed to fill only the unexpired term of the member in whose place he has been appointed. The City Manager shall be a member of such commission by virtue of his office and he shall exercise all duties with reference to play- ground and recreation facilities as are by law imposed upon hien. Section 2. Organization. That, after such commission has been appointed it shall organize by the election of a chairman, vice-chair- man and secretary and the terms of office of such officers shall be for one year following their elec- tion but they shall continue to hold office until their successors are duly elected. Section 3. Powers and Duties. That such commission shall have supervision over all recreation ac- tivities of the city and shall con- trol the equipment, maintenance and conduct of the same. It may appoint a suitable superintendent and all necessary assistants, fix their term of employment, salaries and duties. It may adopt such rules and regulations for the con- duct and maintenance of play - facilities as it may deem advisable. Section 4. Cooperate with School Board. That in the operation, con- duct and operation of recreation ground and recreation activities, the City Council shall cooperate with the Board of Education of the Independent School District of Dubuque, the Superintendent of Schools and all public spirited citizens interested in child welfare and in the advancement of physi- cal and social conditions generally and, to this end, it shall annually levy such a tax upon the taxable property of said city as it may deem necessary to defray its share of the expense incident to the carrying on of such activities, but all taxes thus levied or money appropriated shall be expended only upon warrants drawn upon the City Treasurer. Section 5. Certification of Needs. That on or before the 15th day of July in each year, the commission shall certify to the City Council the amount of money it will need for all purposes for the ensuing fiscal year, which statement shall be used to determine the tax levy for recreational activities and as a basis for making an appropriation. If a tax be levied the same shall not exceed that permitted by law. Section 6. Report. That on or be- fore the 10th day of April in each year said commission shall make a complete detailed report to the City Council showing receipts and disbursements for the year then ended, which report shall be kept as a part of the permanent records of the City. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. Section 8. This ordinance shall be in force and effect ten days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first reading this 20th day of June 1949. Passed, adopted and approved upon final reading this 30th day of June 1949. ALBERT WHARTON Mayor. F. W. THOMPSON ROMOLO N. RUSSO FRANK VAN DUELMAN CLARENCE P. WELU Councilmen Attest: J. J. SHEA City Clerk. 282 Special Session, June 3oth, 1949 Published officially in The Tele- graph -Herald newspaper this 1st day of July, 1949. J. J. SHEA. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 23, 1949. To the Honorable Mayor and Mem- Lers of the City Council, City of Dubuque, Iowa Gentlemen: At the session of the City Coun- cil held June 6, 1949, a petition from Dr. B. B. Bahme requesting water extension from the corner of McLennon and Tressa Sts. to his property line was referred to me to make arrangements for water service. I wish to report that a 1" service line has been extended as re- quested and the work on this project has been completed. Respectfully yours, J. J. HAIL, Superintendent City of Dubuque Water Dept. Councilman Thompson moved that the communication of Water Superintendent Hail be received and filed. Seconded by Councilman Welu. Carried by the following Vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Dubuque, Iowa June 29, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached herewith is communica- tion referred to the Board of Ad- justment for reconsideration of Docket 16-49, Mrs. Bertha Candler, 1730 Elm Street, regarding enclos- ing of front porch. The Board of Adjustment meeting June 28, 1949 again view- ed the above premises and after careful deliberation reaffirmed the previous decision that the applica- tion be denied. Respectfully, Secretary Board of Adjustment City of Dubuque, Iowa Councilman Russo moved that the communication of the Board of Adjustment be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays—None. June 27, 1949. Monorable Mayor and Members of the City Council, Dubuque, Iowa: Gentlemen: At a session of the City Council of the City of Dubuque, Iowa held on June 20, 1949 the following motion was adopted. That the verbal request of Mor- ton Murphy asking that parking be allowed on one side of the street at the intersection of West 12th and Grove Terrace be referred to the Chief of Police for investiga- tion and report. I have made an investigation and find that the East and West sides of Grove Terrace from the intersection of West 12th Street and Grove Terrace is posted pro- hibiting parking at all times, to the north line of Arlington Street. I cannot find this situation covered by City Ordinance. It is hereby recommended that the East side of Grove Terrace from the intersection of West 12th Street to the North line of Arlington Street be restricted from parking at all times. It is also recommended that parking be per- mitted on the West side of Grove Terrace from the intersection of West 12th to the South line of Arlington with the exception of a safe distance from the corner of Grove Terrace and Arlington Street which can be painted yellow indi- cating where no parking is desir- able. A specific recommendation has been requested for Council consid- Special Session, June 30th, 1949 283 eration with reference to the han- dling of traffic at the intersections of 17th Street and Central Ave., and at 1st and Main Street. A traffic count indicates a close approximation to the need for a semi -actuated traffic signal, how- ever it is my recommendation that no change .be made so as not to further impede the north and south flow of vehicular traffic now existant on Central Avenue, at the intersection of 17th Street. At 1st and Main Streets it is my recommendation that no change be made. At 1st ani Mair. Streets there has been considerable driv- ing at speeds too fast for condi- tions present. We have directed special effort toward this speed condition and have brought to jus- tice a number of offenders. This effort will continue. Respectfully yours, Jos. H. Strub, Chief of Police. Councilman Welu moved that the recommendation of Chief of Police Strub with reference to parking on Grove Terrace be ap- proved and the proper proceedings ordered prepared. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Councilman Thompson moved that stop signs be ordered erected on both sides of First Street at. the intersection of Main Street and that proper proceedings be ordered prepared. Seconded .by Mayor Wharton. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Councilman Welu moved that the City Manager be instructed to Petition the Iowa State Highway Commission for permission to in- stall a semi -actuated light at 17th Street and Central Avenue. Second- ed by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 28, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond and desire to have your approval on same for filing: EXCAVATION Oliver Larson (Larson Construc. tion Co.) Hawkeye Casualty Co. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the .bond be approved and placed on file. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 27, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Stetmore Street (west side) from the north prop- erty line of Theisen Street to the south property line of Lombard Street with curb and gutter, under contract with Thomas Flynn Coal Company, has been completed in accordance with the plans and specificifations. I, therefore rec- ommend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Russo moved that the recommendation ofCity Sec- onded Man- ager Rhomberg be approved. by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. 284 Special Session, June 30th, 1949 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 162-49. WHEREAS, the contract for the improvement of Stetmore Street (west side) from the north prop- erty line of Theisen Street to the south property line of Lombard Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specific- ations and recommends its accept- ance, nuw therefore, ' BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve. ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 30th day of June, 1949. Approved: ALBERT WHARTON Mayor. F• W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen, Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution, Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 27, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road with curb and gutter, under contract with Thom- as Flynn Coal Company, has ,been completed in accordance with the Plans and specifications. I, there- fore, recommend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Welu moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 16349. WHEREAS, the contract for the improvement of Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road has been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby Special Session, June 3oth, 1949 285 directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percent- age provided for therein. Passed, adopted and approved this 30th day of June, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 27, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Hillcrest Road from the west property line of Asbury Road to the east property line of Avalon Road with curb and gutter, under contract with Thos. Flynn Coal Company, has .been completed in accordance with the plans and specifications. I, therefore, recom- mend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Welu moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 164-49 WHEREAS, the contract for the improvement of Hillcrest R o a d from the west property line of Asbury Road to the east property line of Avalon Road has been completed and the City Manager has examined the work and filed his certificate stating that t h e same has been completed accord- ing to the terms of the contract, plans and specifications and recom- mends its acceptance, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par. cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHERRES beVa d that the City he is hereby directed to pay to the contractor from the funds to be realized from the sale of im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. 286 Special Session, June 30th, 1949 Passed, adopted and approved this 30th day of June, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton Coun- cilmen Russo Thompson Van Duelman, Welu. Nays—None. June 27, 1949, Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Valleyview Road from the west property line of Morningview Road to the east prop erty line of Avalon Road with curb and gutter under contract with Thomas Flynn Coal Com- pany has been completed in accordance with the plans and specifications. I therefore recom. mend the acceptance of this work. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Welu moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel. man, Welu. Nays—None. (A Resolution Accepting Improve. ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 165-49 WHEREAS the contract for the improvement of Valleyview Road from the west property line of Morningview Road to the east property line of Avalon Road has been completed and the City Man. ager has examined the work and filed his certificate stating that the same has been completed ac. cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he Is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued ulton the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 30th day of June, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 27, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Broadlawn Road Special Session, June 3oth, 1949 287 from the south property line of Asbury Road to the north property line of Hillcrest Road with curb and gutter, under contract with Thomas Flynn Coal Company, has been completed in accordance with the plans and specifications. I, therefore, recommend the accept- ant of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Welu moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: 4 Year, — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 166-49 WHEREAS, the contract for the improvement of Broadlawn road from the south property line of Asbury Road to the north property line of Hillcrest Road has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of th City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retaiped percentage provided for therein. Passed, adopted and approved t his 30th day of June, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. June 27, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road with curb and gutter, under contract with Thom- as Flynn Coal Company, has been completed in accordance with the plans and specifications. 11 therefore, recommend the accept- ance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation approved. City Manager Rhomberg ncilman Van Seconded by the following Duelman. Carried by vote: Yeas — Mayor Wharton, Coun• cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. egg Special Session, June 3oth, 1949 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 157-49 WHEREAS, the contract for the improvement of Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road has been completed and the City Manager has exam- ined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk sbuject to public Inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy assess• ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage Provided for therein. Passed, adopted and approved this 30th day of June, 1949. Approved: ALBERT WHARTON Mayor. F• W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman V a n Duelman. Carried by the following vote: Yeas — Mayor Wharton, Coun. cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (Awarding Contract) RESOLUTION NO. 150-49 WHEREAS, proposals have been submitted by contractors for the improvement of West Third Street from the east property line of Algona Street to the west property lino of Grandview Avenue pursuant to Resolution No. 131-49 and Thos. Flynn Coal Company 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 Thos. Flynn Coal Co. and the Manager 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 become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 20th 1949. Passed and adopted this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote; Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Special Session, June 3oth, 1949 289 (Awarding Contract) RESOLUTION NO. 151-49 WHEREAS, proposals have been submitted ,by contractors for the improvement of Simpson Street (north side) from the west prop- erty line of Fremont Avenue to the east property line of Cross Street pursuant to Resolution No. 133.49 and Thos. Flynn Coal Co. contractor, has submitted the low- est bid for the furnishing of all labor and materials and perform- ing 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 Thos. Flynn Coal Co. and the Manager 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 become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 20th 1949. Passed and adopted this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (Awarding Contract) RESOLUTION NO. 152-49. WHEREAS, proposals have been submitted by contractors for the improvement of Cross Street (east side) from the south property line of Coates Street to the north property line of Simpson Street pursuant to Resolution No. 135-49 and Thos. Flynn Coal Co., contrac- tor, 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 Thos. Flynn Coal Co, and the Manager 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 become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 20th 1949. Passed and adopted this 30th clay of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. WUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van I;aelman, Welu. Nays — None. RESOLUTION NO. 168.49. BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Diamond's Grill, 900-910 Main St. 290 Special Session, June 30th, 1949 John M. Thompson and Clarence E. Thompson, 210 West 1st Street Levi J. Roach, 330 Main Street Thomas F. McDonough and Ruth McDonough, 1052 University Ave. John J. Baumgartner and John M. Baumgartner, 1543 Central Ave. Mike Sand and Marie Sand, 2498 Central Avenue James M. Gordon, 469 Main St. Ernest Latham and Myrtle Lath- am, 892 Cleveland Avenue Albert G.• Peryon, 257 Eighth Avenue Klauer-Julien Hotel Co., 2nd & Main Streets National Tea Company, 896-898 Main Street National Tea Company, 1604 Cen- tral Avenue Isadore Blum and Dorothy Blum, 2412, Central Avenue A. R. Uppinghouse and Philo- mena Uppinghouse, 238-240 West 6th Street Ernest W. Pfalzgraf, 1300 Cen- tral Avenue Tenenbom's Super Market, Inc., 630 Locust Street Mrs. Josephine Burke, 1091 Main Street Andrew D. Karigan, 401 Central Avenue The Great Atlantic & Pacific Tea Co., 13th & Iowa Streets Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Streets Dubuque Metal Trades Council Club, 111 West 6th Street John Schaetzle, 2162 Central Avenue Daniel McDonald, 216 West 1st Street Veterans of Foreign Wars Club, 1031 Main Street John E. Noel, 2400 Central Ave. Gaylon C. Seeley, 2595 Rhom- berg Avenue John D. Corken, 2195 University Avenue Frank H. Berntgen, 2186 Central Avenue Henry J. Scherr and James J. Scherr, 1198 White Street Loyal Order of Moose, Dubuque Lodge No, 355, 1379 Central Ave. William Savary and Viola Savary 827 Dodge Street Fred W. Neumeister and John C. Neumeister, 729 Lincoln Avenue George R. Hunt and Christopher C. Gratz, 801 Main Street Charles A. Bergener, 1064 Uni- versity Avenue Hubert J. Kress, Jr., 532 East 22nd Street Roshek Bros. Company, 700.798 Locust Street Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street Frank C. Wieland, 3198 Central Avenue Earl G. Corbett, 908 Rhomberg Avenue Gus L. Manternach, 1105 Loras Blvd. N. J. Kopp, 253 East 21st Street Navy Club of Dubuque, Ship No. 67, 1201 Central Avenue George J. Zillig, 234 West 9th Street Merlyn L. Weber, 1904 Central Avenue Louis Anthoine, 119 West 6th St. Audrey J. Fesler, 553 Eighth Avenue Donald C. Moes and Leo J. Weber, 698 Central Avenue Fred Weiner, 1101 White Street Walter Mengis, 1618 Central Ave. Clifford Frehage, 650Y2 East 16 Street R. Daniel Winders, 2204 Central Avenue American Veterans of World War II, Dubuque Post No. 3 (Am - vets), 429 Main Street Gilbert J. Nicks and Josephine Nicks, 103 East 22nd Street Millard Poquette and Clifford G. Harker, 951 Main Street Phillip Mihalakis, 800 East 16th Street Ione Miller and Glen Miller, 1322 Central avenue Alford Finch, 1347 Central Ave. John J. Ludescher, 1897 Semin- ary Street Page Hotel Company, 73-75 East 4th Street Irvin G. Hessel, 2678 Central Avenue Morris B. Flick, 5 Eighth Ave. Leo R. Bonz and Rebecca Bonz, 310 East 30th Street Leonard P. Bertsch, 304-326 Main Street Special Session, June 30th, 1949 291 Melvin C. Lynn, 424 West Lo- cust Street Dubuque Packing Company, 16th & Sycamore Streets Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue Joseph J. Weiner and Evelyn Weiner, 709 University Avenue Raymond Syke, 923 Main Street Clifford Calvert and Bertha Cal- vert, 185 Main Street Melville L. Donovan, 1876 Cen- tral Avenue Rod and Gun Club, 1103 Iowa Street Oasis Club, 998 Central Avenue Roy Brammer and Rex Brammer 1306 Delhi Street Raymond McLaughlin, 115 East 22nd Street Paul A. Leonard, 239 West 6th Street John Grutz and Clara Grutz, 2991 Central Avenue Arthur J. Trapp, 1266 Central Avenue Wm. C. Leik, 501 Rhomberg Ave. Harry A. Rawson and Grace Raw- son, 342 Main Street B. A. Ruegnitz., 629 Rhomberg Avenue Francis O'Toole and Arlene Pau- ly, 280 Main Street Joseph J. Siege, Jr. and Ferdin- and W. Kenniker, 2401 Windsor Avenue Harold A. Cosley and William W. Cosley, 1121 University Avenue Orville P. Murphy, 435 Central Avenue Carl Van Duelman, 590 Seminary Street Fred Herber and Annabelle Her- ber, 2108 Central Avenue Leo M. Kraus, 1096 Central Ave. Joseph L. Wingert and Josephine Wingert, 400 Rhomberg Avenue Carl Noel, 1080 University Ave. Vincent J. Hogan, 231 West 2nd Street Ralph W. Pankratz, 1091 White Street Arthur W. Pins, 408 West Lo- cust Street Merlin Apel, 1195 Dodge Street Donald E. Wertz, 630 Main St. Robert J. Bowen, 1105 University Avenue Paul C. Wright, 2987 Jackson St. Arthur H. Eichman, 2119 Rhom- berg Avenue John C. Beck, 1501 Central Ave. Harold A. Casey, 655 Seminary Street Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue Otto J. Dunbar, 2401 Jackson St. Andrew D. Karigan, 720 Main St. Triangle Cafe, 926 Main Street Mrs. Anna Heiar, 1900 Washing- ton Street Leo F. Link, 1487 Central Ave. Charles C. Scherrer, 2997 Cen- tral Avenue Arthur Apel, 1176 Iowa Street Robert L. Hanson, 1590 Elm St. William A. Brown and Hilda Brown, 2417 Rhomberg Avenue Lester Shetler and Sylvester Shetler, 1638 Central Avenue James P. Kachevas, 493 Main Street Frank Sand and Elsie Sand, 2364 Washington Street Fred H. Cooper and Harold J. Love, 250 West 6th Street Alfred Hedley and Lillian Hed- ley, 579 Eighth Avenue Robert McFarlane, 1798 Central Avenue George T. Vrotsos and Spiros D. Coven, 605 Main Street Walgreen Drug Company, 813 Main Street Eugene McCann, 802 Iowa Street Mrs. Kathryn Peed and Raymond G. Wunder, 1006 Central Avenue Ralph J. Cremer, 1415 Rhom- berg Avenue Steve Cole, 402 Main Street George Westercamp, 1399 Jack- son Street William Hochberger, 1701 Asbury Street John M. Kane, 29 Eighth Ave. Martin Meyer aid Vernon Meyer 530 East 22nd Street Dell Warren and Ralph Warren, 1700 Central Avenue John Meisenburg and Carl E. Blosch, 450 West Locust Street Clarence Zenz and Marie Zenz, 509 Eighth Avenue Louis Bournias and Rhea Bour- nias, 2284 University Ave ue St. Amy Haley, 815 Milton Fink, 3165 Central Ave. Crus, A. Alba, 2601 Jackson St. Mrs. Eleanor Glynn, 1563 Central Avenue Harry N. Gantert, 1301 Rhom- berg Avenue 292 Special Session, June 3oth, 1949 Mrs. Wilma Gloeckner, 3 4 3 Eighth Avenue A. J. Ender, 534 Rhomberg Ave. A. J. Ender, 1703 Maple Street John Henkel and Alma Henkel., 2222 Central Avenue Henry Torrey, 205 Kaufman Ave. Earl J. McNamara, 1046 Univer- sity Avenue Arthur F. Herber and Theresa Herber, 2319 Prince Street Wm. Wagner, 1501 Rhomberg St. Joseph J. Ott, 2003 Washington Street Melvin B. McDonough, 305 Eighth Avenue Leo A. Booth and Alice E. Booth, 560 Nevada Street John J. Haley and Fay H. Haley, 1298 Main Street William White, 1995 Asbury Rd. Disabled American - Veterans Club, Inc., 9511/2 Main Street Mrs. Florence Helmer, 3203 Jack- son Street Michael A. Pusateri and Gus Pusateri, 1098 Main Street George Kanavas, 1689 Elm St. Clarence J. Pfeiffer, 1555 Central Avenue Jack Solomon, 555 Main Street James M. Kane, 1205 Cleveland Avenue Marie Ernst, 701 Central Ave. Hartig Drug Company, 730 Main Street Hartig Drug Company, 97 Locust Street Hartig Drug Company, 2376 Cen- tral Avenue Cletus N. Pauly, 1255 Central Avenue Alfred G. Porter, 2541 Central Avenue Stanley Meis, 605 West Locust Street Hiawatha Club, 576 Central Ave. Al. Rogan, 400 Iowa Street Kermit Meyers and Thos. Lilly, 714 Main Street North End Choral Club, 2774• 2776 Jackson Street M. J. Ludwig, 1545 So. Grand. view Avenue Thelma Mardauss, 349 Eighth Avenue Geo. Ragatz., Jr., 1996 Central Avenue Louis O'Meara, 1655 Delhi Street Harry Kopple, 1098 University Avenue Harry Murphy and Dorothy Mur- phy, 1097 Jackson Street J. F. Stampfer Company, 800 Main Street George P. Arvanitis, 1958 Cen- tral Avenue Peter Petrakis, 1401 Central Ave. Fraternal Order of Orioles, 1600 Central Avenue Clifford Steffen and Helen Stef- fen, 1046 Central Avenue Vincent B. Schwartz, 1105 Wal- nut Street B.P.O.E. Lodge No. 297, 7th & Locust Streets Dr. Pepper Bowling Lanes Club, 880 Locust Street Wm. E. Wodrich, 1101 Rhomberg Avenue Louis J. Winkler, 625 Central Avenue Louis Ring, 155 West 11th St. Louis Ring and Kenneth Ring, 1500 Central Avenue Harry J. Smith, Sr. 2239 Univer- sity Avenue Joe Giunta, 2022 Central Ave. J. Louis Spielman and S u s a n Spielman, 601 Rhomberg Avenue Charles T. Snyder and Elsie Snyder, 543 Eighth Avenue Earl T. Avery, 1602 Lincoln Ave. George Lanser and Helen Lan - ser, 3165 Central Avenue Clarence C. Buelow, 1555 So. Grandview Avenue W. C. Crahan, Cor. Dodge and Bluff Streets Joe Harris, 2117 University Ave. American Legion, Dubuque Post No. 6, 290 West 4th Street Mrs. May M. Winter, 1398 White Street Frank W. Thompson and John 11. Thompson, 250 West 1st Street Roy A. Wright, 2600 Jackson St. Victory Club, 326 Main Street Anton Fortmann Company, 253 Main Street George J. Scherer and Emma Scherer, 1187 Iowa Street George Miller, 400 Central Ave. Albert O. Barnett, 731 Rhomberg Avenue Joseph C. Schneider, 2900 Cen- tral Avenue Dubuque Golf Club, Randall P1. Geo. R. Jackson and Joe Schel- ler, 1206 Iowa Street John J. Hickey, 55 Locust Street Special Session, June .3oth, 1949 293 Justin Johanningmeier, 1879 Cen- tral Avenue Ray J. Nicks, 521 East 22nd St. Lawrence Schwartz, 500 Rhom- berg Avenue William Maas and Elizabeth Maas, 1401 Elm Street Peter Klauer, 2700 Jackson St. Mrs. Rosemary Hird, 2220 Uni- versity Avenue Donald W. Schuster, 2404 Cen- tral Avenue Zeno A. Tranel, 598 Main St. Dubuque Cycle Club, 720 Iowa Street Charles Falkenhainer, 1097 Uni- versity Avenue John Glynn and Helen Glynn, 659 Central Avenue Frank M. Kelly and Francis E. Kelly, 1075 Dodge Street Edmund N. Manders, 1001 Rhom- berg Avenue Frederick Landolt, 690 West Lo- cust Street Clarence Kipper, 1585 Delhi St. George C. Kruse, 2418 Central Avenue Ellas Mihalas, 574 East 16th St. Ralph H. Conklin, 464 West Lo- cust Street Ann Burke and Mrs. Thelma Trapp, St. Joseph's Mercy Hospital Joseph Hillard and Bernice Hill- ard, 431 Rhomberg Avenue Orland C. Driscoll and Kermit Meyers, 244 West 1st Street Loras College, 655 Loras Blvd. Frank Klein and Anna Klein, 600 Central Avenue Lester A. Foell, 2093 Washing- ton Street Anthony Schmit, 1048 Main St. Theodore T. Kies, 1362 Central Avenue Canfield Hotel, 34-36 West 4th Street Myron C. Vincent, 1875 Univer- sity Avenue Charles Pochter and Ruth Poch - ter, 342 Eighth Avenue John F. Tench and Vincent W. Mescher, 1233 Rhomberg Avenue Sylvester Weiner and Dolores Weiner, 201 East 22nd Street Melvin H. Maas, 700 East 16th Street The Hollywood Grill, 500 Main Street Leo P. Manahl, 785 Groveland Place Joseph Walsh, 21 West 7th St. Frank J. Paar, 1842 Central Ave. Louis L. Reisch, 1828 Central Avenue Charles S. Dugan, 390 East 12th Street Frank J. Pusateri, 1296 Central Avenue Bert Zelens, 401 Main Street Mrs. Florence Austin, 1680 Cen- tral Avenue Tony Halling, 80 Locust Street Mrs. Jean Stangl, 241 Ma inSt John E. Kringle, 64 Locust St. Peter J. Apel, 265 West 1st St. Raymond M. Galliart and Evelyn M. Galliart, 1405 Dodge Street Wm. F. Barrington and Walter J. Duecini, 176 Locust Street Fred C. Potterveld and Winifred S. Potterveld, 1687 Delhi Street Robt. E. Sullivan, 620 So. Grand- view Avenue Mildred M. Schaller and Clara R. Schaller, 378 Main Street Luxemburg Club of Dubuque, 18- 62 Central Avenue Ray Jones and Catherine Jones, 2403 Central Avenue The Rex Club, 127 West 6th St. Thomas E. Nacos, 1598 Jackson Street Vird Clary and Dolores Clary, 1961 Central Avenue Robert A. Lange, 2616 Windsor Avenue The Kroger Company, 270 West 7th Street Francis McCauley, 1040 Uniler- sity Avenue BE IT FURTHER RESOLVED that -the bonds filed with the appli- cations be approved. Passed, adopted and approved this 30th day June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved t h e ( adoption of the resolution. Second- 294 Special Session, June 3oth, 1949 ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. RESOLUTION NO. 169-49 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be granted and the licenses are to be Issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit William Savary and Viola Sa- vary, 827 Dodge Street John M. Thompson and Clarence E. Thompson, 210 West First St. Daniel McDonald and Loretta McDonald, 216 West First street Mike Sand and Marie Sand, 2498 Central Avenue Fred Herber and Annabelle Her- ber, 2108 Central Avenue Harold A. Cosley and William W. Cosley, 1121 University Avenue James P. Kachevas, 493 Main St. Andrew D. Karigan, 720 Main St. Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue Walter Mengis and Mathilda Mengis, 1618 Central Avenue Donald C. Moes and Leo J. Weber, 698 Central Avenue Glen Miller and Ione Miller, 1322 Central Avenue Clifford Steffen and Helen Stef- fen, 1046 Central Avenue Joseph L. Wingert and Josephine Wingert, 400 Rhomberg Avenue Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue Raymond McLaughlin, 115 East 22nd Street Harry A. Rawson and Grace Rawson, 342 Main Street Paul A. Leonard, 239 West 6th Street Albert M. Meyer and Alma M. Meyer, 779 Iowa Street George Westercamp, 1399 Jack- son Street George Kanavas, 1689 Elm St. John J. Haley and Fay H. Haley, 1298 Main Street Klauer-Julien Hotel Co. 2nd and Main Streets Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue Andrew Fortmann Company, 253 Main Street Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Ave. George J. Scherer and Emma Scherer, 1187 Iowa Street William E. Wodrich and Anna Wodrich, 1101 Rhomberg Avenue Cletus N. Pauly, 1255 Central Avenue Dorothy Blum and Isadore Blum, 2412 Central Avenue George Lanser and Helen Lan. ser, 3165 Central Avenue William Maas and Elizabeth Maas, 1401 Elm Street George J. Zillig, 234 West 9th Street John Meisenburg and Carl E. Blosch, 450 West Locust Street • Frank Sand and Elsie Sand, 2364 Washington Street Charles Pochter and Ruth Poch - ter, 342 Eighth Avenue Melvin H. Maas, 700 East 16th Street Frank Klein and Anna Klein, 600 Central Avenue Vird Clary and Dolores Clary, 1961 Central avenue John M. Kane, 29 Eighth Ave. Louis L. Reisch, 1828 Central Avenue Charles S. Dugan, 390 East 12th Street Kathryn Peed and Raymond G. Wunder, 1006 Central Avenue Frank J. Paar, 1842 Central Ave. (Transfer of address from 1828 Central Avenue) Class "B" Permit For Private Club The American Legion, Dubuque Post No. 6, 290 West Fourth St. Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Streets Fraternal Order of Orioles, Du- buque Nest No. 11, 16th & Central Avenue Veterans of Foreign Wars, Inc Leo A. Schwind Post No. 508, 1031 Main Street Benevolent and Protective Order Of Elks, Dubuque Lodge No. 297, N.W. Cor. 7th & Locust Streets Special Session, June 30th, 1949 '95 Dubuque Cycle Club, 720 Iowa Street The Rex Club, 127 West 6th St. Class "C" Permit Harold A. Casey, 655 Seminary Street Arthur W. Pins, 408 West Lo- cust Street Roshek Bros. Company, 700-798 Locust Street Vincent J. Hogan, 231 West 2nd Street Irvin G. Hessei, 2878 Central Ave. Frank W. Thompson and John F. Thompson, 250 West 1st Street Otto J. Dunbar, 2401 Jackson St. Passed, adopted and approved this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec. onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton,Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. RESOLUTION NO. 170-49 WHEREAS, heretofore applicar tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to .be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Class "B" Permit William Savary and Viola Savary 827 Dodge Street John M. Thompson and Clarence E. Thompson, 210 West First St. Daniel McDonald and Loretta Mc- Donald, 216 West First Street Mike Sand and Marie Sand, 2498 Central Avenue Fred Herber and Annabelle Her- ber, 2108 Central Avenue Harold A. Colley and William W. Cosley, 1121 University Avenue James P. Kachevas, 493 Main Street Andrew D. Karigan, 720 Main Street Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue Walter Mengis and Mathilda Mengis, 1618 Central Avenue Donald C. Moes and Leo J. Weber, 698 Central Avenue Glen Miller and Ione Miller, 1322 Central Avenue Clifford Steffen and Helen Stef- fen, 1046 Central Avenue Joseph L. Wingert and Joseph- ine Wingert, 400 Rhomberg Ave. Leo M. Sadler and Dorothy Sad- ler, 2600 Central Avenue Raymond McLaughlin, 115 East 22nd Street Harry A. Rawson and Grace Raw- son, 342 Main Street Paul A. Leonard, 239 West 6th Street Albert M. Meyer and Alma M. Meyer, 779 Iowa Street George Westercamp, 1399 Jack. son Street George Kanavas, 1689 Elm St. John J. Haley and Fay H. Haley, 1298 Main Street Klauer-Julien Hotel Co., 2nd & Main Streets Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue Anton Fortmann Company, 253 Main Street Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Ave. George J. Scherer and Emma Scherer, 1187 Iowa Street William E. Wodrich and Anna Wodrich, 1101 Rhomberg Avenue Cletus N. Pauly, 1255 Central Avenue Dorothy Blum and Isadore Blum, 2412 Central Avenue George Lanser and Helen Lan - ser, 3165 Central Avenue William Maas and Elizabeth Maas, 1401 Elm Street George J. Zillig, 234 West 9th Street :296 Special Session, June 30th, 1949 John Meisenburg and Carl E. Blosch, 450 West Locust Street Frank Sand and Elsie Sand, 2364 Washington Street Charles Pochter and Ruth Poch - ter, 342 Eighth Avenue Melvin H. Maas, 700 East 16th Street Frank Klein and Anna Klein, 600 Central Avenue Vird Clary and Dolores Clary, 1961 Central Avenue John M. Kane, 29 Eighth Avenue Louis L. Reisch, 1828 Central Avenue Charles S. Dugan, 390 East 12th Street Kathryn Peed and Raymond G. Wunder, 1006 Central Avenue Frank J. Paar, 1842 Central Ave. (Transfer of address from 1828 Central Avenue) Class "B" Permit For Private Club The American Legion, Dubuque Post No. 6, 290 West 4th Street Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Streets Fraternal Order of Orioles, Du- buque Nest No. 11, 16th & Cen- tral Avenue Veterans of Foreign Wars, Inc., Leo A. Schwind Post No. 508, 1031 Main Street Benevolent & Protective Order of Elks, Dubuque Lodge No. 297, N.W. Cor. 7th & Locust Streets Dubuque Cycle Club, 720 Iowa Streets The Rex Club, 127 West 6th St. Class "C" Permit Harold A. Casey, 655 Seminary Street Arthur W. Pins, 408 West Lo- cust Street Roshek Bros. Company, 700-798 Locust Street Vincent J. Hogan, 231 West 2nd Street Irvin G. Hessel, 2678 Central Ave. Frank W. Thompson and John F. Thompson, 250 West 1st St. Otto J. Dunbar, 2401 Jackson St. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved. this 30th day of June, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo,- Thompson, Van Duelman, Welu. Nays — None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. J. J. SHEA. City Clerk. Councilmen Attest: ...... ....... %1-11 .......... City Clerk. Regular Session, MY 4th, 1949 297 City Council (Official) Regular Session, July 4th, 1949. No members of the City Council being present upon roll call, the meeting was postponed subject to call. J. J. Shea City Clerk Councilmen: { Attest: ......... w City Clerk 298 Adjourned Regular Session, July 5th, 1949 City Council (Official) Adjourned Regular Session, July 5th, 1949. Council met at 7:30 P. M. Present—Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. City Manager Rhomberg. Absent — Councilman Russo. Mayor Wharton stated that this meeting is an adjourned meeting of the regular meeting of July 4th, 1949 for the purpose of acting upon such business as may properly come before a regular meeting of the City Council. Notice of Claim of Flora Harkett In an unstated amount for injuries received in a fall on a defective sidewalk on the west side of Hill Street between Caledonia Place and West Fifth Street, presented and read. Councilman Thompson moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded .by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Council- men Thompson, Van Duelman, Welu. Nays — None. Absent — Councilman Russo. Communication of Mrs. Margaret Wall stating that due to the rain and the street not being finished that the rock wall on her property at 575 West 16th Street was dam- aged and washed out and asking that the City repair said wall, pre- sented and read. Councilman Van Duelman moved that the communi- cation be referred to the City Solic- itor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays — None. Absent — Councilman Russo. Councilman Russo entered the Council Chamber and took his seat at 7:40 P. M. Communication of Francis W. Brown, Chief Examiner, Civil Aero- nautics Board, advising Council of a prehearing conference on Parks Investigation Case Docket No. 3965 ET AL to be, held on July 18, 1949 at 10:00 A. M. in Washington, D.C. before Examiner Ralph L. Wiser, also an Order granting the City of Dubuque the right of intervention in the matter of an application filed pursuant to Sections 408 and 412 of the Civil Aeronautics Act by Mid -Continent Airlines, Inc. and Parks Air Lines, Inc, for approval of an agreement relating to the acquisition of the capital stock of Parks Air Lines, Inc. by Mid -Con- tinent Airlines, Inc. Docket No. 3782, presented and read. Council. man Thompson moved that the communication and order be re- ferred to the City Manager and City Solicitor to prepare the proper pro- ceedings after consultation with the Aviation Committee of the Chamber of Commerce and' also that the City Council be kept ad• vised of the progress as it develops in this case and that the City Man- ager and City Solicitor be author- ized to represent the City of Du- buque at the hearings to be held in Washington, D. C. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays—None, Councilman Thompson moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas—Mayor Wharton Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. Petition of Louis Germain and others, residents of South Locust Street, requesting the closing of the Gem Roller Skating Rink at 10 o'clock every night, also that an officer of the law be stationed there every night until all the skat- ers have left the premises, also to get rid of all sign boards that en- danger the lives of people, espe- cially children, presented and read. Councilman Thompson moved that Adjourned Regular Session, July 511, 1949 299 the petition be referred to the City Manager and Chief of Police to confer with the management of the Gem Roller Skating Rink for the purpose of discussing the petition and objections filed with the City Council. Seconded by Councilman Welu. Carried .by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. Petition of O. E. Brown and others requesting relief of the parking restrictions on lower Main and Shields Streets, presented and read. Mayor Wharton moved that the petition be referred to the City Manager for clarification as to the wishes of the petitioners. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of Eldon and Florence Sauer and Herman and Gertrude Brockman requesting the vacation and conveyance of the alley bound- ed on the west by Lots 24 to 28 both inclusive and on the east by the west half of Lots 29 to 32 both inclusive, all in South Avenue Addition, presented and read. Councilman Thompson moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Rus- so. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of A. G. Henneger and others, property owners residing on either side of Finley Street, between McCormick and West Streets, requesting that oil be used to eliminate the dust hazard cre- ated by increased cross traffic be- tween Grandview Avenue and As- bury St., presented and read. Councilman Russo moved that the petition be referred to the Council I to view the grounds. Seconded by I Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Mr. Rehfeldt addressed the Coun- cil requesting that the storm water condition in the alley first north of Hazel Street from St. Ambrose Street easterly be taken care of by the City as soon as possible. Councilman Russo moved that the verbal request of Mr. Rehfeldt be referred to the Coun- cil to view the grounds. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun• cilmen Rt+sso, Thompson, Van Duelman, Welu. Nays — None. Certificate of Park Tax Levy determining and fixing the budget requirements and tax levy for the ensuing year for park purposes in the amount of $46,422.00, present- ed and read. Councilman Van Duel. man moved that the certificate be referred to the Council for consid. eration at the time the tax levy is being considered by the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Communication of Board of Dock Commissioners submitting d o c k budget estimate for the fiscal year 1950-1951 in the amount of $33,735.. 00, presented and read. Council- man Van Duelman moved that the communication and budget estimate be referred to the Council for consideration at the time the tax levy is being considered by the Council. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. 300 Adjourned Regular Session, July 5th, 1949 July 5, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to instructions, I have inquired of the Iowa cities with over 20,000 population as to wheth- er or not they have traffic divi- sions in their Police Departments. Besides Dubuque, there are eleven Iowa cities which had a 1940 population of 20,000 or more. Herewith are the ten replies re- ceived. The six larger communi- ties indicate that they have more or less formal traffic divisions and the four smaller cities state that they do not have such. T h e s e replies are hereby submitted to the Council for their considera- tion. Respectfully submitted, A. A. Rhomberg, City Manager. Mayor Wharton moved that a traffic department be created in the Police Department and that a competitive examination be con, ducted for the purpose of creating an eligible list in order that the best qualified person be selected for the position of Captain of the Traffic Division in the Police De. partment. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. To the Honorable MayJuly 5' 1949. and City Council, or Dubuque, Iowa. Gentlemen: At the meeting of June 6 the Petition of Clem J. McGuire re- questing permission to construct and maintain an unloading plat- form in the alley between Main and Iowa Streets and between Third and Fourth Streets was re- ferred to the Council to view the grounds, The Council having viewed the Premises on July 1st decided to grant the request and to have the Proper proceedings prepared. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Russo moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Welu. Car. ried by the following vote: Yeas — Mayor Wharton, Conn. cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. July 5, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting held June 20, the following matters were refer. red to the Council to view the grounds: 1) The complaint of Harold L. McCarron concerning the condi- tion of York Street. 2) The petition of Harold Sipple requesting a sewer extension to serve his lots on Meadow Lane. 3) The petition of John T. Yates and others requesting the improve. ment of Lois Street from Solon to Reeder, Reeder Street from Lois to Alpine, and Solon Street from Alpine to Lois by grading, gravelling and asphalting. 4) The petition of S. H. Fisher asking the cutting of weeds and improvement and drainage of Min- eral Street. The Council having viewed these locations on July 1 decided as follows: 1) That the surface of York Street be smoothed and leveled. 2) That a survey be made for the sewer extension on Meadow Lane. 3) That a plat and schedule be prepared for the improvement of Lois Street from Solon to Reeder, Reeder Street from Lois to Alpine and Solon Street from Alpine to Lois. 4) That the weeds be cut on Mineral Street and that a grade be established on Mineral Street from McCormick Street to O'Hagen St. ."V Adjourned Regular -Session, July 5th, 1949 Sot . I recommend that these deci- sions of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. July 5, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting held June 30, 1949 the petition of Mrs. C. J. May and others for street lighting of York Street from Curtis to Hill Street was referred to the Council to view the grounds. The Council having viewed the site decided to order a street light installed. I recommend that the decision of the Council be con- firmed. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. July 5, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, waivers have been asked from property owners for the improve- ment of Balke Street with curb and gutter from Groveland Place to Lawther Street. The waivers obtained are hereby submitted. I recommend that the council proceed with this improvement and that the plat and schedule be introduced at the meeting of July 18, 1949. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Welu moved that the recommendation of City Man- ager Rhomberg ,be approved and the waivers made a matter of record. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. PETITION AND WAIVER The undersigned, owner of Lots 20 and 21 of Belmont Addition property abutting upon and ad. jacent to Balks Street hereby peti. tions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of Street Improve- ments and does hereby petition said City to enter into a contract for the construction of said im• provement in accordance with and as provided by plans and specifica- tions to be furnished and approved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on area Assessment basis and that such assessment shall be and con- stitute a lien upon the properties of the undersgined for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and 302 Adjourned Regular Session, July 5th, 1949 consents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by delivery of special assessment certificates or special assessment bonds to the contrac- tor against the property of the undersigned. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in an- ticipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in accepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or releasing the undersigned from his obligation to pay assessments made against his property as afore- said. Milton J. Pauly 2830 Balke Street Dubuque, Iowa PETITION AND WAIVER The undersigned, owner of Lot 19 of Belmont Addition property abutting upon and adjacent to Balke Street hereby petitions the City Council of the City of Du- buque, Iowa, as soon as practica- ble, to proceed with the construc- tion of Street Improvements and does hereby petition said City to enter into a contract for the con- struction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner pro- vided by statute for bids and con- tracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to Pay his proportionate share of the actual cost thereof, including the engineering and inspection expense to the City and the expense of making the assessment schedule. It is agreed that the City of Du- buque shall cause assessments to be made against the property of the undersigned in proportion to the special ,benefits conferred on area assessment basis and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by delivery of special assess- ment certificates or special assess- ment bonds to the contractor against the property of the under- signed. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by issuance and sale of improvement bonds in anticipation of deferred payments of assess- ments when a contract has been Performed and accepted by said City. It is further agreed that in accepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or releasing the undersigned from his obligation to pay assessments made against his property as afore- said. J. D. Paine 2826 Balke Street Dubuque, Iowa Adjourned Regular Session, July 5th, 1949 303 PETITION AND WAIVER The undersigned, owner of Lot 24 of Belmont Addition property abutting upon and adjacent to Balks Street hereby petitions the City Council of the City of Du- buque, Iowa, as soon as practica- ble, to proceed with the construc- tion of Street Improvements and does hereby petition said City to enter into a contract for the con- struction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner pro- vided by statute for bids and con- tracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment schedule It is agreed that the City of Du- buque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on area assessment basis and that such assessment shall .be and con- stitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full,. either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as, afore- said. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by delivery of special assess- ment certificates or special assess- ment bonds to the contractor against the property of the under- signed. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in anticipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in accepting this petition and i n ordering the construction of said improvements the Resolution of the City Council may contain re- citals that said improvements are ordered with or without the Peti- tion of property owners, without in any way qualifying this Peti- tion or releasing the undersigned from his obligation to pay assess- ments made against his property as aforesaid. LaVern E. and Helen M. Richard 2904 Balke Street Dubuque, Iowa PETITION AND WAIVER The undersigned, owner of Lot 25 of Belmont Addition property abutting upon and adjacent to Balks Street hereby petitions the City Council of the City of Du- buque, Iowa, as soon as practica- ble, to proceed with tl a construc- tion of Street Improvements and does hereby petition said City to enter into a contract for the con- struction of said improvement in accordance with and as provided I,y plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner pro. vided by statute for bids and con- tracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched; ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on area assessment basis and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the actual 304 Adjourned Regular Session, July 511, 1949 cost of such improvements on and from the date of the acceptance of this Petition .by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by delivery of special assessment certificates or special assessment bonds to the contrac- tor against the property of the undersigned. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by the issuance and sale of improvement bonds in anticipation of deferred payments of assess- ments when a contract has been performed and accepted by said City. It is further agreed that in accepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as afore- said. Rebecca T. and Louis F Breitbach 2912 Balke Street Dubuque, Iowa PETITION AND WAIVER The undersigned, owner of Lot 26 of Belmont Addition property abutting upon and adjacent to Balke Street hereby petitions the City Council of the City of Du- buque, Iowa, as soon as practicable, to proceed with the construction of Street Improvements and does hereby petition said City to enter Into a contract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bids and contracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actu- al cost thereof, including the engi- neering and inspection expense to the City and the expense of making the assessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the under- signed in proportion to the special benefits conferred on area assess- ment basis and that such assess- ment shall be and constitute a lien upon the properties of the under- signed for the actual cost of such improvements on and from the date of the acceptance of this Peti- tion by the City, and the under- signed agrees to pay said assess- ments in full, either by a lump sum payment or in ten equal in- stallments as provided by law, not withstanding any provisions of the Statute to the contrary. The under- signed waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as aforesaid. The undersigned further petitions said City to pay the contractor for constructing said improvements by delivery of special assessment cer- tificates or special assessment bonds to the contractor against the Property of the undersigned. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in antic- ipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals le- Adjourned Regular Session, July 5th, 1949 305 that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as aforesaid. Joseph J. Ellerbach Catherine M. Ellerbach PETITION AND WAIVER The undersigned, owner of Lot 27 of Belmont Additions property abutting upon and adjacent to Balke Street hereby petitions the City Council of the City of Du- buque, Iowa, as soon as practicable, to proceed with the construction of Street Improvements, and does hereby petition said City to enter into a contract for the considera- tion of said improvement in accord- ance with and as provided by plans and specifications to be fur- nished and approved by said City. Said contract to be let and entered Into in the manner provided by statute for bids and contracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment schedule. It is agreed that the City of Du- buque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on area assessment ,basis and that such assessment shall be and constitute a lien upon the proper- ties of the undersigned for the actu- al cost of such improvements on and from the date of the acceptance Of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the mak- ing of said improvements and con- sents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve. ments by delivery of special assess- ment certificates or special assess- ment bonds to the contracto-, against the property of the under- signed The undersigned further peti. tions said City to pay the contrac- tor for constructing said improve- ments by the issuance and sale of Improvement bonds in anticipation of deferred payments of assess- ments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are ordered with or without the Petition of property owners, without in any way qualifying this Petition or releasing the undersigned from his obligation to pay assessments made against his property as aforesaid. Blair W. Massey Selma Massey PETITION AND WAIVER The undersigned, owner of Lot 28 Belmont Addition property a- butting upon and adjacent to Balks Street hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the Street Improve- ments and does hereby petition said City to enter into a contract for the construction of said im- provement in accordance with and as provided by plans and specifica- tions to be furnished and approved by said City. Said contract to be let and entered into in the manner provided by statute for bids and contracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection expense to the City xpense of Ing the assessment schedule. Itais agreed that the City of Dubuque shall cause assessments to be made 306 Adjourned Regular Session, July 5th, 1949 against the property of the under- signed in proportion to the special benefits conferred on area assess- ment basis and that such assess- ment shall be and constitute a lien upon the properties of the under- signed for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum pay- ment or in ten equal installments as provided by law, not withstand- ing any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said im- provements and consents to pay his proportionate share of the actu- al cost as aforesaid. The undersigned further peti- tions said City to pay the con- tractor for constructing said im. provements by delivery of special assessment certificates or special assessment bonds to the contrac- tor against the property of the un- dersigned. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by the issuance and sale of improvement bonds in anticipa- tion of deferred payments of as- sessments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as aforesaid. Russell A. Schueller PETITION AND WAIVER The undersigned, owner of Lot 30 of Belmont Addition property abutting upon and adjacent to Balke Street hereby petitions the City Council of the City of Du- buque, Iowa, as soon as practicable, to proceed with the construction If Street Improvements and does hereby petition said City to enter into a contract for the construction of said improvement in accordance with and as provided .by plans and specifications to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bids and contracts for Street im- provements. In consideration of the construc- tion of the improvement as afore- said,the undersigned agrees to pay his proportionate share of the actu- at cost thereof, including the engi- neering and inspection expense to the City and the expense of mak- ing the assessment schedule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the under- signed in proportion to the special benefits conferred on area assess. ment basis and that such assess- ment shall be and constitute a lien upon the properties of the under- signed for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as pro- vided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improve- ments and consents to pay his proportionate share of the actual cost of aforesaid. The undersigned further petir tions said City to pay the contrac- tor for constructing said improve- ments .by delivery of special assess- ment certificates or special assess- ment bonds to the contractor a- gainst the property of the under- signed. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by the issuance and sale of improvement bonds in anticipation of deferred payments of assess- ments when a contract has been performed and accepted by said City. It is further agreed that in ac- cepting this petition and in order- Adjourned Regular Session, July 5th, 1949 307 Ing the construction of said im- provements the Resolution of the City Council may contain recitals that said improvements are order- ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as aforesaid. Laverne W. Tarkett Marie A. Tarkett PETITION AND WAIVER The undersigned, owner of Lot 43 of Belmont Addition property abutting upon and adjacent to Bal- ke Street hereby petitions the City Council of the City of Dubuque, Iowa, as soon as practicable, to proceed with the construction of Street Improvements and does here by petition said City to enter into a contract for the construction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said con- tract to be let and entered into in the manner provided by statute for bids and contracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection expense to the City and the expense of making the assessment schedule. It is agreed that the City of Du- buque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on area assessment basis and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal Installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the mak- ing of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by delivery of special assess- ment certificates or special assess- ment bonds to the contractor a- gainst the property of the under- signed. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by the issuance and sale of improvement .bonds in anticipation of deferred payments of assess- ments when a contract has been performed and accepted by said City. It is further agreed that in ac. cepting this petition and in order- ing the construction of aafd im- provements the Resolution of the City Council may contain recitals that said improvements are order. ed with or without the Petition of property owners, without in any way qualifying this Petition or re- leasing the undersigned from his obligation to pay assessments made against his property as aforesaid. John H. Budden Adele Budden PETITION AND WAIVER The undersigned, owner of Lot 42 of Belmont Addition property abutting upon and adjacent to Balks Street hereby petitions the City Council of the City of Du- buque, Iowa, as soon as practica- ble, to proceed with the construc- tion of Street Improvements and does hereby petition said City to enter into a contract for the con- struction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner pro- vided by statute fol bids and contracts for Street improvements. In of theimprovement construc- tion of the as said, the undersigned agrees to pay his proportionate share of the actual cost thereof, clun the engineering and inspection ex- pense to the City and the expense 3o8 Adjourned Regular Session, July 5th, 1949 of making the assessment schedule. It is agreed that the City of Du- buque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on area assessment basis and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by delivery of special assess- ment certificates or special assess- ment bonds to the contractor against the property of the under- signed. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in an- ticipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in accepting this petition and in ordering the construction of said Improvements the Resolution of the City Council may contain re- citals that said improvements are ordered with or without the Peti- tion of property owners, without in any way qualifying this Peti- tion or releasing the undersigned from his obligation to pay assess- ments made against his property as aforesaid. Bernard M. Stelken PETITION AND WAIVER The undersigned, owner of Lot 40 of Belmont Addition property abutting upon and adjacent to Balke Street hereby petitions the City Council of the City of Du- buque, Iowa, as soon as practica- ble, to proceed with the construc- tion of Street Improvements and does hereby petition said City to enter into a contract for the con- struction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved -by said City. Said contract to be let and entered into in the manner pro- vided by statute for bids and con- tracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex. pense to the City and the expense of making the assessment schedule. It is agreed that the City of Du- buque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on area assessment basis and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the contrac- tor for constructing said improve- ments by delivery of special aissess- ment certificates or special assess- ment bonds to the Contractor against the property of the under- signed. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements .by the issuance and sale of improvement bonds in Adjourned Regular Session, July gtli, 1949 3o anticipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in accepting this petition and in ordering the construction of said improvements the Resolution of the City Council may contain re- citals that said improvements are ordered with or without the Peti- tion of property owners, without in any way qualifying this Peti- tion or releasing the undersigned from his obligation to pay assess- ments made against his property as aforesaid. Henry H. Henkel 2921 Balks Street Dubuque, Iowa PETITION AND WAIVER The undersigned, owner of Lot 39 of Belmont Addition property abutting upon and adjacent to Balks Street hereby petitions the City Council of the City of Du- buque, Iowa, as soon as practica- ble, to proceed with the construc- tion of Street Improvements and does hereby petition said City to enter into a contract for the con- struction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner pro- vided ,by statute for bids and con- tracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection a x- pense to the City and the expense Of making the assessment schedule. It is agreed that the City of Du- buque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on area assessment basis and that such assessment shall be and con- stitute, a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a ump sum payment or in ten equal Installments as provided by law, rot withstanding any provisions of the Statute to the contrary. The undersgined waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further petir tions said City to pay the contrac- tor for constructing said improve- ments by delivery of special assess- ment certificates or special assess- ment bonds to the contractor against the property of the under- signed. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and anticipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in accepting this petition and in ordering the construction of said improvements the Resolution of the City Council may contain re- citals that said improvements are ordered with or without the Peti- tion of property owners, without in any way qualifying this Peti- tion or releasing the undersigned from his obligation to pay assess- ments made against his property as aforesaid. Ursula H. Holmes PETITION AND WAIVER The undersigned, owner of Lot 35 of Belmont Addition property abutting upon and adjacent tto Balke Street hereby p he City Council of the City of Du- buque, Iowa, as soon as practicable, to proceed with the construction of Street Improvements and does hereby petition said City to enter into a contract for the construc- tion of said improvement by ac- cordance with and as provided plans and specifications to be fur- nished and approved by said Said contract to be let and dent red into in the manner provided by statute for bids and contracts for Street impl'oveinents. 310 Adjourned Regular Session, July 5th, 1949 In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special .benefits conferred on area assessment basis and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by delivery of special assessment certificates or special assessment bonds to the contrac- tor against the property of the undersigned. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by the issuance and sale of improvement bonds in an- ticipation of deferred payments of assessments when a contract has been performed and accepted by said City. It is further agreed that in accepting this petition and in ordering the construction of said improvements the Resolution of the City Council may contain re- citals that said improvements are ordered with or without the Peti. tion of property owners, without in any way qualifying this Pet - tion or releasing the undersigned from his obligation to pay assess. ments made against his property as aforesaid. Earl W. Prey Evelyn Prey Earl W. Prey and Evelyn Prey, husband and wife, holders of contract cover- ing Lot 35 Belmont Add. 2951 Balke Street METTEL REALITY & INVESTMENT CO. ,by: A. J. Mihm, Title Holder PETITION AND WAIVER The undersigned, owner of Lot 34 of Belmont Addition property abutting upon and adjacent to Balke Street hereby petitions the City Council of the City of Du- buque, Iowa, as soon as practica- ble, to proceed with the construc- tion of Street Improvements and does hereby petition said City to enter into a contract for the con- struction of said improvement in accordance with and as provided by plans and specifications to be furnished and approved by said City. Said contract to be let and entered into in the manner pro- vided by statute for bids and con- tracts for Street improvements. In consideration of the construc- tion of the improvement as afore- said, the undersigned agrees to pay his proportionate share of the actual cost thereof, including the engineering and inspection ex- pense to the City and the expense of making the assessment sched- ule. It is agreed that the City of Dubuque shall cause assessments to be made against the property of the undersigned in proportion to the special benefits conferred on area assessment .basis and that such assessment shall be and con- stitute a lien upon the properties of the undersigned for the actual cost of such improvements on and from the date of the acceptance of this Petition by the City, and the undersigned agrees to pay said assessments in full, either by a lump sum payment or in ten equal Installments as provided by law, not withstanding any provisions of the Statute to the contrary. The undersigned waives any and all rights he has to object to the making of said improvements and consents to pay his proportionate Adjourned Regular Session, July 5th, 1949 311 share of the actual cost as afore- said. The undersigned further peti- tions said City to pay the con- tractor for constructing said im- provements by delivery of special assessment certificates or special assessment bonds to the contractor against the property of the under- signed. The undersigned further petition said City to pay the contractor for constructing said improvements by the issuance and sale of improve- ment bonds in anticipation of de- ferred payments of assessments when a contract has been perform- ed and accepted by said City. It is further agreed that in accepting this petition and in ordering the construction of said Improvements the Resolution of the City Council may contain re- citals that said improvements are ordered with or without the Peti- tion of property owners, without in any way qualifying this Peti- tion or releasing the undersigned from his obligation to pay assess- ments made against his property as aforesaid. Virginia R. Stierman a n d Robert F. Stierman 623 Garfield Avenue Dubuque, Iowa RESOLUTION NO. 171-49 On June 23, 1949, Robert P. Marshall, for many years Auditor of the City of Dubuque, was called to his eternal reward. His passing was the occasion for great sorrow to his legion of friends in this community. Quiet, unassuming in his demeanor, he won and held the friendship and respect of his superiors, his associates, and all who had the opportunity of know- ing him. His life typified the model husband, father, citizen and thoroughgoing gentleman. As a Public official he was courteous, honest and conscientious in the performance of his duty. The posi- tion he occupied with the City of Dubuque was one of great import- ance and trust and he fulfilled his responsibilities in a capable and commendable manner. The City of Dubuque owes to Robert. P. Marshall a debt of gratitude and this Council, as the governing body thereof, wishes to repay this obligation by giving public expression of the apprecia- tion and high regard in which he was held by all, both as a public official and as a man; Now, Therefore, Be It Resolved by the C i t y Council of the City of Dubuque that this tribute to his memory be perpetuated by having the same spread on the public records of the City of Dubuque, and be it further resolved that a copy hereof be forwarded by the Clerk to the bereaved family. Passed, adopted and approved this 5th day of July, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Russo. Carried .by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. RESOLUTION NO. 172--49 Resolution and application for approval to levy an emergency tax. WHEREAS, the revenue in cer- tain funds of the municipality set out in the within application is inadequate to meet the actual and necessary expenses which must be paid from said funds and any extra- ordinary or unforseen expense which may arise during the en- suing fiscal year; and WHEREAS, the inadequacy of the revenue referred to is deemed to constitute an emergency which requires the levy of an emergency tax; therefore BE IT RESOLVED BY THE City Council of the City f that Dubuque, Dubuque County, t State Comptroller be and is hereby petitioned for approval to levy an 312 Adjourned Regular Session, JUly Stli, 1949 emergency tax for the year 1949 in the sum of Forty Three Thou- sand One Hundred Twenty Two, ($43,122.00), (not exceeding one mill) said tax to be used as set out below. (Presiding Officer) Albert Wharton Mayor (Secretarial Officer) J. J. Shea City Clerk The foregoing resolution was a- dopted at an Adjourned Regular meeting on the 5th day of July, A. D. 1949. The vote thereon was as follows: Ayes Albert Wharton F. W. Thompson Frank Van Duelman Romolo N. Russo Clarence P. Welu Nays None Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays — None. RESOLUTION NO. 173-49 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and ciga. rette papers within said City and the Manager is directed to issue such permit on behalf of said City. Hawkeye Lodge of City of Du. buque, Iowa, 1382 Central Avenue Dale Duncan, 132 Eighth Avenue Myrtle A. Chapman, 53 West 12th Street Lester Eichhorn and Marie Eich. horn, 1725 Delhi Street. BE IT FURTHER RESOLVED that the bonds Piled with the appli. cations be approved. Passed, adopted and approved this 5th day of July, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Attest: J. J. Shea Councilmen City Clerk. Councilman Welu moved the a. doption of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Council. men Russo, Thompson, Van Duel - man, Welu. Nays — None. RESOLUTION NO. 174-49 WHEREAS, application for Class "B" Beer Permit has been submit. ted to this Council for approval and the same has been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun. cil of the City of Dubuque that the following application .be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Dale Duncan, 132 Eighth Avenue Passed, adopted and approved this 5th day of July, 1949. ALBERT WHARTON .. Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO .. CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Councilman Welu moved the a- doption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. RESOLUTION NO. 175-49 WHEREAS, heretofore applica- tion for Class "B" Beer Permit was filed by the within named appli- cant and it has received the approv- al of this Council; and WHEREAS, the premises to be occupied by such applicant have been inspected and found to com- ply with the ordinances of this City and he has filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named applicant a Beer Permit. Adjourned Regular Session, July 5th, 1949 313 CLASS "B" PERMIT Dale Duncan, 132 Eighth Avenue BE IT FURTHER RESOLVED that the bond filed by such appli- cant ,be and the same is hereby approved. Passed, adopted and approved this 5th day of July, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMA\ ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. Shea City Clerk Councilman Thompson moved the adoption of the resolution. Sec- cnded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None The matter of the appointment of the members of the Playground and Recreation Commission was taken up for discussion and Mayor Wharton suggested that nomina- tions be made for the appointment of the members of the Playground and Recreation Commission, and that after nominations are present- ed that a secret ballot be held. Councilman Russo presented the names of John Petrakis, Joseph Graham and Mrs. Grace Schnei- der. Councilman Welu presented the names of Lionel McAleece, John Petrakis, Carl Hillard and Mrs. Wilbur Dalzell. Mayor Wharton presented the names of Gerald W. McAleece and Wm. Toepel. There being only the names of two women presented Councilman Welu moved that Mrs. Grace Schneider and Mrs. Wilbur Dalzell be appointed as the two women members of the Playground and Recreation Commission for terms of three years, said terms expiring July 5th, 1952. Seconded by Coun- cilman Russo. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel. man, Welu. Nays.— None. A secret .ballot was then taken on the other names suggested and the tally showed the following re- sult: For John Petrakis, three votes; Gerald W. McAleece, three votes; Joseph Graham, two votes; Wm. Toepel, one vote; Carl Hillard, one vote. Councilman Thompson moved that Gerald W. McAleece and John Petrakis be appointed as members of the Playground and Recreation Commission for terms of three years, said terms expiring July 5th, 1952. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. Councilman Russo moved that Mr. Frank A. Fluckiger as the rep- resentative of the Board of Educa- tion of the Independent School Dis- trict of Dubuque, Reverend William J. Menster as representative of the Parochial School System and City Manager A. A. Rhomberg be appointed as ex -officio members of the Playgrond and Recreation Commission. Seconded by Council- man Thompson. Carried by the following vote: Yeas —Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. Councilman Russo moved that a letter of thanks and appreciation be forwarded to the retiring mem- bers of the Playground and Recrea- tion Commission and that t h e Mayor be requested to sign the same on behalf of the City of Dubuque, Iowa. Seconded by Coun- cilman Thompson. Carried by the following vote, Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Council recessed at 9:25 p. m. and went into session as a meet- ing of the Board of Health for the purpose of considering and discussing the ordinance defining restaurant, itinerant restaurant. employee, utensils, health officer, etc., requiring permits for the op- 314 Adjourned Regular Session, July 5t11, 1949 eration of such establishments, pro- hibiting the sale of adulterated, unwholesome or misbranded food or drink, regulating the inspection (grading, regrading, and placard - Ing) of such establishments, the enforcement of this ordinance, and the fixing of penalties. Council reconvened at 9:40 p.m. ORDINANCE NO. 27--49 An Ordinance defining restaur- ant„ itinerant restaurant, employee, utensils, health officer, etc., requir- ing permits for the operation of such establishments, prohibiting the sale of adulterated, unwhole- some or misbranded food or drink, regulating the inspection (grading, regrading, and placarding) of such establishments, the enforcement of this ordinance, and the fixing of Penalties, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Well. Nays — None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. J. J. SHEA_ r+t-• ��o,.,_ 49. ,_ ..... ........... ................. <... ......... ........ . Councilmen/may Attest: ..... .... ` City Clerk. J. Special Session, July 5th, 1949 315 Board Of Health (Official) Special Session, July 5th, 1949. Board met at 9:25 p.m. Present — Chairman Albert Wharton, Messrs. Romolo N. Russo F. W. Thompson, Frank Van Duel - man, Clarence P. Welu. City Man- ager Rhomberg. The proposed ordinance defining restaurant, itinerant restaurant, employee, utensils, health officers, etc., requiring permits for the operatton of such establishments, prohibiting the sale of adulterated, unwholesome or misbranded food or drink, regulating the inspection (grading, regrading and placardi- ing) of such establishments, the enforcement of this ordinance, and the fixing of penalties, was taken up for consideration and discus- sion with Health Director Dr. Al- bert Entringer. There being no further business Mr. Frank Van Duelman moved to adjourn. Seconded by Mr. Clar- ence P. Welu. Carried by the fol- lowing vote: Yeas — Chairman Albert Whar- ton, Messrs. Romolo N. Russo, F. W. Thompson, Frank Van Duel - man, Clarence P. Welu. Nays — None. J. J. SHEA. Clerk, Board o& Health. I� Members of Bd. of Health Attest: ..... ... .....�...... Clerk, rd of Health. ,116 Special Session, July 18th, 1949 City Council (Official.) Special Session, July 18th, 1949. Council met at 7:30 p.m. Present—Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Absent — City Manager Rhom- berg. Meeting called by order of Coun- cilmen Thompson and Van Duel - man. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of levying special assessments and issuing bonds to pay for the im- provement of Esther Street, also for the improvement of Tressa Street, also for considering pro- posals received for the construc- tion of sanitary sewers and appur- tenences in what is known as the Cherry -Green Street Sewer District as delimited .by Ordinance No. 16. 49, also for the construction of a sanitary sewer in Dillon Street and acting on any other business as may properly come before a regular meeting of the City Coun- cil. Proof of publication, certified to by the publishers, of notice of levy of special assessment and Intention of the City Council to issue bonds for the improvement of Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Street, presented and read. Coun- cilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Resolution No. 176--49. SCHEDULE OF ASSESSMENTS. Resolved by the City Council of the City of Dubuque: That to pay for the improving of Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Street, by K -M Construction Company, con- tractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, sit. uated and owned, and for the sev- eral amounts set opposite each lot or parcel of real estate, as follows: Lihbie and Mary Corcoran, Lot 1, Ryder's Sub .... ........ $268.68 Oliver and Anaclite Larson, Lot 21 Ryder's Sub ............. 92.81 Harry J. and Dorothy Butter, Lot 3, Ryder's Sub ............. 50.78 Harry J. and Dorothy Butter, Lot 4, Ryder's Sub............. 23.75 Home Owners Corp., Lot 5, Ryder's Sub . ........................ 13.63 Home Owners Corp., Lot 6, Ryder's Sub . ........................ 10.87 Carl Scheufele, Lot 8, Ry- der's Sub ............................... 133.73 Carl Scheufele, Lot 1 of 9, Ryder's Sub . ........................ 79.23 Horace L. and Hillda O. Poole, Lot 2 of 9, Ryder's Sub. ........................................ 39.38 Horace L. and Hillda O. Poole, Lot 10, Ryder's Sub. 118.61 Harriet B. Hardie, Lot 11, Ryder's Sub . ........................ 55.48 Harriet B. Hardie, Lot 12, Ryder's Sub . ........................ 28.56 Home Owners Corp., Lot 13, Ryder's Sub . ........................ 16.83 Catherine Williamson, et al., Lot 8, Oak Grove Add......... 35.27 J e n n i e Dougherty, Lot 9, Oak Grove Add . .................. 49.16 Mettel Realty & Inv. Co., Lot 10, Oak Grove Add..... 104.92 Louis and Madeline Hagerty, Lot 1 of 1 of 11, Oak Grove Add . .......................... 91.17 Louis and Madeline Hagerty, Lot 2 of 1 of 11, Oak Grove Add. ........................................ 41.94 Lester C. and Louise K. Ra- foth, Lot 2 of 11, Oak Grove Add ............................. 91.39 Homer W. and Rose E. Gol- den, Lot 1 of 1 of 12, Oak Grove Add ............................. 244.34 Homer W. and Rose E. Gol- den, Lot 2 of 1 of 12, Oak Grove Add ............................. 133.85 Lester C. and Louise K. Ra- foth, Lot 2 of 12, Oak Grove Add ............................. 268.55 $1,982.93 Special Session, July 18t1', 1949 582 Lin. Ft. Combination Curb and Gutter @ $2.84 $1,652.88 61 Lin. Ft. Radius Curb and Gutter @ $3.00.......... 183.00 12.21 Sq. Yds. Driveways Concrete @ $5.40 ................ 65.94 $1,901.82 Extra Expense 4% •••i• . • •• 76.07 Interest for 52 days @ 6% 16.48 $1,994.37 Credit for Sales Tax Re- fund.................................... 11.44 $1,982.93 All of which is assessed in pro- portion to the special benefits conferred. Passed, adopted and approved this 18th day of July, 1949. ALBERT WHARTON, Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of the Intention of the City Council of the City of Dubuque, Iowa, to issue improvement bonds for the Purpose of paying the cost of the improving of Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Street, presented and read. Councilman Thompson moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Russo. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (Resolution Providing for the Is. suance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 177-49 WHEREAS, the contract here- tofore entered into by the City of Dubuque for the improving of Esther Street hereinafter describ- ed, has been completed and said improvement has been acceptd by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $1,982.93 AND WHEREAS, public notice as provided by law, has been Published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed there to have been considered and determined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the improve- ment of Esther Street from the south curb line of Mt. Loretta Ave., to the north curb line of Tressa Street there be issued im- provement bonds to the amount of $1,982.93 Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 17th day of August 1949, shall be in denominations of $200.00, except that there shall be one bond to the amount of $182.93. They shall be numbered from 4013 to 4022 inclusive and shall be divided into ten series, of which the bond numbered 4013 shall con- stitute the first series and shall be payable the first day of April, A. D. 1950, the bond numbered 4014 shall constitute the second series and shall be payable the first day of April, A. D. 1951, the bond numbered 4015 shall consti- tute the third series and shall be payable the first day of April, A. D. 1952, the bond numbered 4016 shall constitute the fourth series and shall be payable the first day of April,. A. D. 1953, the bond numbered 4017 shall constitute the 318 Special Session, July 18th, 1949 fifth series and shall be payable the first day of April, A. D. 1954, the bond numbered 4018 shall con- stitute the sixth series and shall be payable the first day of April, A. D. 1955, the bond numbered 4019 shall constitute the seventh series and shall be payable the first day of April,. A. D. 1956, the bond numbered 4020 shall consti- tute the eighth series and shall be payable the first day of April, A. D. 1957, the bond numbered 4021 shall constitute the ninth series and shall be payable the first day of April, A. D. 1956, the bond numbered 4022 shall consti- tute the tenth series and shall be payable the first day of April, A. D. 1959 Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be sub- stantially in the following form; No. .......................................... Series No. ........ CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, A. D. 19........; or any time before that date at the option of the City, the sum of .......................... ............Hundred Dollars, with inter- est thereon at the rate of five per cent. per annum, payable on the presentation and surrender of the interest coupons hereto at. tached, both interest and principal are payable at the office of the City Treasurer in the City of Du- buque in the State of Iowa. This bond is issued by the City of Du- buque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 18th day of July, 1949. This bond is one of a series of 10 bonds, 9 for $200.00 numbered from 4013 to 40- 21 inclusive, and one for $182.93 numbered 4022, all of like tenor and date, and issued for the pur- pose of the improvement of Esther Street from the south curb line of Mt. Loretta Ave., to the north curb line of Tressa Street and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred payments at the rate of five per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done prece- dent to and in the issuing of this series of bonds, have been done, happened and performed in regu- lar and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque .by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 17th day August, 1949, and has authorized the use of their fac-simile signa- ture to the interest coupons hereto attached. ...................................................... Mayor. .............................. City Clerk. Countersigned (Seal) (FORM OF COUPON) On the ..................day of .............. .................A. D. 1949, the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the fond, the sum of ............ .................... Dollars, at the office of the City Special Session, July 18th, 1949 319 Treasurer in the City of Dubuque, being............................months interest due that day on its..................Bond No. dated, 1949. .................... Mayor. City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said ,bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby in- structed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that pur- pose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to ,be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of ante;est due, these bonds shall be called and retired In the same order as numbered. Adopted this 18th day of July, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU ROMOLO N. RUSSO Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. State of Iowa i County of Dubuque J SS. I, Claude J. McDonald, do hereby certify that on June 30th, 1949, I Posted copies of the attached No- tice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line of improvement of Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Street. Signed Claude J. McDonald Subscribed and sworn to before me, John J. Shea, a Notary Public, this 30th day of June, 1949. JOHN J. SHEA. Notary Public in and for Dubuque County, Iowa. Councilman Russo moved that the statement be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Proof of publication, certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to issue bonds for the improvement of Tressa Street from the east property line of Esther Street to the west property line of Mc. Lenan Street, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded .by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Resolution No. 178-49., SCHEDULE OF ASSESSMENTS. Resolved by the City Council of the City of Dubuque: That to pay for the improving of Tressa Street from the east prop- erty line of Esther Street to the west property line of McLenan Street, by K -M Construction Com- 320 Special Session, July 18th, 1949 pany, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the sev- eral lots, and parts of lots, and par- cels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Carl Scheufele, Lot 1 of 9, Ryder's Sub . ........................$ 8.81 Horace L. and Hillda O. Poole, Lot 2 of 9, Ryder's Sub..... _ .................................. 28.40 Horace L. and Hillda O. Poole, Lot 10, Ryder's Sub, 199.85 Harriet B. Hardie, Lot 11, Ryder's Sub . ........................ 125.58 Harriet B. Hardie, Lot 12, Ryder's Sub . ........................ 142.83 Home Owners Corp., Lot 13, Ryder's Sub . ........................ 131.06 Home Owners Corp., Lot 14, Ryder's Sub . ..........................127.70 Laurence and Eleanor Mc- Neil, Lot 2 of 1 of 7, Ry- der's Sub ............................... 432.08 Carl Scheufele, Lot 2 of 2 of 7, Ryder's Sub ..................... 171.03 Carl Scheufele, Lot 2 of 1 of 2 of 7, Ryder', Sub ............. 169.03 Carl Scheufele, Lot 1 of 1 of 7, Ryder's Sub ..................... 137.74 Wilbur and Edna B. Watters, Lot 10f 1 of 2 of 7, Ryder's Sub ......................... 226.09 Oscar Burgmeyer, Lot 14, Sub. of M. L. 39 .................... 148.08 Edward D. and Ruth B. Wal- ker, Lot 15, Sub. of M. L. 39 .......................................... 148.08 Doris P. Hoffman, Lot 16, Sub. of M. L. 39 ..............,..... 148.08 Hugh A. and Luella Brown, Lot 2 of 17, Sub. of M. L. 39 .............................................. 112.31 Eugene Singer, Lot 2 of 18, Sub. of M. L. 39 .................... 162.92 Eugene Singer, Lot 2 of 19, Sub. of M. L. 39 .................... 210.21 Edward Norton, Lot 20, Sub. of M. L. 39 .............................. 210.21 1,002 Lin. Ft. Curb and $32040.09 30 9 Gutter @ $2.84 ....................$2,845.68 13 Sq. Yds. Driveways Con- crete @ $5.40 .................... 70.20 Extra Expense $2,9 851 9 Interest 6% for da s...... 116.64 y 25.27 $3,057.79 9 Less Credit for Sales Tax Refund.................................. 17.70 $3,040.09 All of which is assessed in pro- portion to the special benefits conferred. Passed, adopted and approved this 18th day of July, 1949. ALBERT WHARTON, Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELT) Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo m o v e d the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays—None. Proof of publication, certified to by the publishers, of notice of the intention of the City Council of the City of Dubuque, Iowa, to issue improvement bonds for the purpose of paying the cost of the improving of Tressa Street from the east property line of Esther Street to the west property line of McLenan Street, presented and read. Coun- cilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. (Resolution Providing for the Issuance of Public Improvement Bonds.) CITY OF DUBUQUE IOWA RESOLUTION NO. 179-49 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improving of Tres- sa Street hereinafter described, has .been completed and said improve- ment has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $3,040.09. Special Session, July i8th, 1949 321 AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to provide for the cost of the improvement of Tressa Street from the east prop- erty line of Esther Street to the west property line of McLenan St. there be issued improvement bonds to the amount of $3,040.09. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 17th day of August, 1949, shall be in denominations of $300.00, except that there shall be one bond to the amount of $40.09. They shall be numbered from 4023 to 4033 inclusive and shall be de- vided into ten series, of which the bond numbered 4023 shall consti- tute the first series and shall be payable the first day of April, A. D. 1950, the bond numbered 4024 shall constitute the second series and shall be payable the first day of April, D. D. 1951, the bond num- bered 4025 shall constitute the third sereis and shall be payable the first day of April, A. D. 1952, the bond numbered 4026 shall con- stitute the fourth series and shall be payable the first day of April, A. D. 1953, the bond numbered 4027 shall constitute the fifth series and shall .be payable the first day of April, A. D. 1954, the bond num- bered 4028 shall constitute the sixth series and shall be payable the first day of April, A. D. 1955, the bond numbered 4029 shall con- stitute the seventh series and shall be payable the first day of Apirl, A. D 1956 ,the bond numbered 4030 shall constitute the eighth series and shall be payable the first day of April, A. D. 1957, the bond num- bered 4031 shall constitute the ninth series and shall be payable the first day of April, A. D. 1958, the bonds numbered 4032 and 4033 shall constitute the tenth series and shall be payable the first day of April, A. D. 1959. Said bonds shall .bear interest at the rate of five per cent. per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro. ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be substan. tially in the following form: BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to .be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided .by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired In the same order as numbered. Adopted this 18th day of July, 1949. Approved: ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE p. WELU Attest: J. J. Shea City Clerk. 322 Special Session, July i8th, 1949 Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. State of Iowa 1 SS. County of Dubuque J I, Claude J. McDonald, do hereby certify that on June 30th, 1949, I posted copies of the attached No- tice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line of improvement for the improvement of Tressa Street from the west property line of Esther Street to the west property line of McLenan Street. Signed: Claude J. McDonald Subscribed and sworn to before me John J. Shea, a Notary Public, this 30th day of June, 1949. John J. Shea Notary Public in and for Dubuque County, Iowa Councilman Russo moved that the statement be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of sanitary sewers and appurtenances in what is known as the Cherry—Green Street Sewer District as delimited by Ordinance No. 16-49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main for the Cherry -Green Street Sewer District. The eight (8) inch sewer line begins at the lift station locat. ed on the intersection of the center linea of the alley at the corporation limits and the alley between Cherry and Green Streets; thence easterly along the center line of the alley between Cherry and Green Streets to a point 5 feet westerly from the prolongation of the line .betweer .ots numbered 205 and 206 of Finley's Addition; thence southerly along a line 5 feet westerly of and parallel to the easterly line of lot number 206 of Finley's Addition to the Center of Cherry Street; thence easterly along the center line of Cherry Street to a point on the prolongation of the line be. tween lots numbered 220 and 221 of Finley's Addition; also westerly a- long the center -line of Cherry St. to a point on the prolongation of the line between lots numbered 1 of 208 and 2 of 208 of Finley's Addition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of the alley 1st south of Cherry Street; also an eight inch vitrified tile sanitary sewer begin- ning at said lift station and run- ning north in the alley at the cor- poration limits to the center line of Green Street; thence easterly along the center line of Green St. to a point on the prolongation of the line between lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the center lines of Green and Finley Streets northerly along the center line of Finley Street to the inter- section with Poplar and Karrick Streets; thence northerly along the center line of Poplar Street to a point on the prolongation of the line subdividing the northeast 102 feet and the southwest 65 feet -9 inches of lot number 145 of Finley Addition; also westerly from the intersection of Finley and Poplar Street along a line 12 feet souther- ly from and parallel to the norther- ly line of Karrick Street to a point on the prolongation of the line be- tween lots numbered 141 and 142 Finley Addition; A six inch cast iron force main to be laid on a line beginning at the lift station located on the intersection of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets and running north along the center line of the alley at the corporation limits a distance of 880 feet, and continuing north from this point with an eight inch vitrified tile sewer main a- cross Asbury Street to the existing sanitary sewer manhole located at the intersection of said alley and .ti Special Session, July 18th, 1949z 33 the center line of Seminary Street. presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. July 18, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10 A. M., July 18, 1949, for the construction of a sanitary sewer, lift station and force main in the Cherry—Green Street sewer dis- trict. Two bids were received as shown on the attached tabulation. I recommend that the contract for this work be awarded to the Thomas Flynn Coal Company, this being the lowest and best .bid re- ceived. Respectfully submitted, R. J. Gallagher, City Engineer. Councilman Thompson moved that the recommendation of City Engineer Gallagher be approved. Seconded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. (Awarding Contract) RESOLUTION NO. 180-49 WHEREAS, proposals have been submitted by contractors for the construction of sanitary sewers and appurtenances in what is known as the Cherry -Green Street Sewer District as delimited by Ordinance No. 16-49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main for the Cherry -Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta- tion located on the intersection of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets; thence easterly along the center line of the alley between Cherry and Green Streets to a point 5 feet westerly from the prolonga- tion of the line between lots num- bered 205 and 206 of Finley's Ad- dition; thence southerly along a line 5 feet westerly of and parallel to the easterly line of lot number 206 of Finley's Addition to the Center of Cherry Street; thence easterly along the center line of Cherry Street to a point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also westerly along the centerline of Cherry Street to a point on the prolonga. tion of the line between lots num- bered 1 of 208 and 2 of 208 of Finley's Addition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of Finley Street to the centerline of the alley 1st south of Cherry Street; also an eight inch vitrified tile sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the center line of Green Street; thence easterly along -the center line of Green Stret to a point on the prolongation of the line between lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the center lines of Green and Finley Streets northerly along the center line of Finley Street to the inter- section with Poplar and Karrick Streets; thence northerly along the center line of Poplar Street to a point on the prolongation of the line subdividing the northeast 102 feet and the southwest 65 feet -9 inches of lot number 145 of Fin- ley's Addition; also westerly from the intersection of Finley and Pop- lar Street along a line 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 of Finley Addition; A six inch cast iron force main to be laid on a line beginning at the lift station located on the inter- section of the center lines of the alley at the corporation limits and the alley ,between Cherry a n d 324 Special Session, July 18th, 1949 Green Streets and running north along the center line of the alley at the corporation limits a dis. tance of 880 feet, and continuing north from this point with an eight inch vitrified tile sewer main across Asbury Street to the exist- ing sanitary sewer manhole locat- ed at the intersection of said alley and the center line of Sem- inary Street, pursuant to Resolu- tion No. 159-49 and Thos. Flynn Coal Co. 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 Thos. Flynn Coal Co.' and the Manager 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 become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 18th 1949. Councilman Van Duelman moved that the resolution be approved and placed on file for at least one week. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun. cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of an eight (8) inch vitrified tile sanitary sewer in Dillon Street beginning at the existing manhole in State Street (being 292 feet south of the center line of Curtis Street) and running westerly on or about the center line of the alley 1st south of Curtis Street for 391 fejt to M. H. No. 2 at the center of Dillon, thence southerly along the center line of Dillon Street for 457 feet to the terminal point, presented and read. Councilman Van Duelman moved that t h e proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. July 18, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10 a.m. July 18, 1949 for the con- struction of a sanitary sewer in Dillon Street. Two bids were re- ceived as shown on the attached tabulation. I recommend that the contract for this work be awarded to the Thomas Flynn Coal Company, this being the lowest and best bid received. Respectfully submitted, R. J. Gallagher, City Engineer. Councilman Welu moved that the recommendation of City Engi- neer Gallagher be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. (Awarding Contract) RESOLUTION NO. 181-49 WHEREAS, proposals have been submitted by contractors for the construction of an eight (8) inch vitrified tile sanitary sewer in Dillon Street beginning at the ex- isting manhole in State Street (being 292 feet south of the center line of Curtis Street) and running westerly on or about the center line of the alley 1st south of Curtis Street for 391 feet to MH. No. 2 at tha center of Dillon, thence southerly along the center line of Dillon Street for 457 feet to the terminal point pursuant to Resolution No. 161-49 and Thomas Special Session, July 18th, 1949 325 Flynn Coal Co. contractor, has submitted the lowest bid for the furnishing of all labor and material and performing the work as pro• vided for in the plans and specifi• cations; 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 Thomas Flynn Coal Co. and the Manager 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 become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 18th 1949. Councilman Van Duelman moved that the resolution be approved and placed on file for at least one week. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Communication of the Holl De- signing Company, by Paul Rossiter, Engineer, submitting proposal for engineering services on East 14th Street Overpass to replace their proposal submitted on June 30, 1949 presented and read. Mr. Paul Rossiter addressed the Council in support of the communication. Councilman Russo moved that ac- tion be suspended until the Coun- cil meeting of August 1st, 1949 on the retaining of engineering ser- vices for the construction of an Overpass at East 14th Street. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Mrs. Margaret Wall addressed the Council requesting that the City Council take immediate ac- tion in ordering the retaining wall on her property on West Sixteenth Street repaired at once, as this wall is in a very dangerous condi. tion caused .by the over flow of storm water onto her property. Councilman Welu moved that this matter be referred to the City Manager to take immediate action if there appears a definite hazard. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Notice of Claim of Merlyn B. Burt in the amount of $60.00 for damages caused by the sewer back- ing up into his basement at 874 South Grandview Avenue during the storm of July 5, 1949, present. ed and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investigation and report and the City Manager instructed to take immediate action if warrant- ed. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Communication of the Maryland Casualty Company submitting at- tached Power of Attorney for Ardith Halverson, presented and read. Councilman Thompson moved that the communication be receiv- ed and the Power of Attorney placed on file. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. 326 Special Session, July i8th, 1949 Communication of C. J. Ziegen- fuss submitting application for the purchase of Lots 14 and 15 South Park Hill Addition, presented and read. Councilman Russo moved that the communication .be referr- ed to the Council to view the grounds. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Communication of Paul V. Bet- ters, Executive Director, The Unit- ed States Conference of Mayors, submitting complete text of the new slum clearance and housing law which has been given final Congressional approval, presented and read. Councilman Thompson moved that the communication be received and the copy of the law Placed on file. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of the Amvets Dubuque Post No. 3 making application to sponsor the Cole Brothers A i r Show at the Dubuque Municipal Airport on September 11, 1949, presented and read. Councilman Welu moved that the request be granted upon execution of an agree- ment satisfactory to the C i t y Manager and the Amvets. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of the Civil Air Patrol requesting permission for the hold, ing of an Air Show at the Du, buque Municipal Airport in the latter part of September, 1949, pre. sented and read. Councilman Thompson moved that the request be granted, on any date between September 12th, 1949 and the 1st of November, upon execution of an agreement satisfactory to the City Manager and the Civil Air Patrol. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Mayor Wharton moved that Council recess for the purpose of holding a meeting as a Board of Health. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Council recessed at 8:30 p.m. and went into session as a Board of Health for the purpose of dis. cussing with the Health Director the matter of fogging the streets and alleys within the limits of the City of Dubuque. Council re- convened at 8:45 p.m. Petition of the Dubuque Awning & Tent Co. requesting permission to erect a canvass sidewalk canopy extending from the building to within one foot of the curb line at 222 West 7th Street, presented and read. Councilman Van Duel - man moved that the petition be referred to the City Solicitor and Building Commissioner for investi- gation and report. Seconded by Councilman Welu. Carried .by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of Mrs. Marie Wath- ier requesting a refund in the amount of $150.00 on the unexpired Portion of Class "B" Beer Permit No. 151 as business was discon- tinued on May 31, 1949, presented and read. Councilman Van Duel - man moved that the request be granted and the City Auditor in- structed to draw a warrant in the amount of $150.00 in favor of Mrs. Marie A. Wathier to cover the amount of refund granted on the unexpired portion of Class "B" Beer Permit No. 151. Seconded by Special Session, July 18th, 1949 327 Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of Ray Hutchins and Paul A. Leonard requesting a re- fund in the amount of $100.00 on the unexpired portion of their Class "B" Beer Permit No. 140 as they have discontinued business on July 1, 1949, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Ray Hutchins and Paul A. Leonard to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 140. Second- ed by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of Frank McInerny and others requesting the installation of a street light on Pierce Street between Angella and West Locust Streets, presented and read. Coun- cilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of Alphonse M. Link requesting C o u n c i l to take the necessary procedure to enforce the ordinance making it unlawful to distribute or cause to be dis- tributed, refuse on other people's property and to pollute the air in the area and in the vicinity of the Farley Loetscher Mfg. Co. and the Carr, Adams, Collier Co., causing unhealthy and unsanitary condi- tions, presented and read. Council- man Welu moved that the petition be referred to the City Manager for investigation and report. Sec - onded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of the Central Avenue Business District Council request- ing permission to stage a parade on Thursday, July 28, 1949, pre- sented and read. Councilman Welu moved that the request be granted and the Chief of Police to be in. formed of the action of the City Council. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of Mr. & Mrs. Anthony Eberhardt and others, residents of the northern section of Fremont Street, from the corner of Lom- bard, requesting the installation of a street light halfway between the present light, which is located some 150 feet from the corner of St. Joseph Street, presented and read. Councilman Welu moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas —Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of the Shiloh Circle No. 37 Ladies of the Grand Army of the Republic requesting permis- sion to hold a tag day on Sept- ember 10th, 1949, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of the American Legion requesting permission to hold a carnival on the Municipal Athle- tic grounds on East Fourth Street from August 1st through the 6th, 1949, presented and read. Council- man Thompson moved that the 328 Special Session, July 18th, 1949 request be granted. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of the Dubuque Branch No. 257 National Association of Letter Carriers with reference to the passage of an adequate anti - vicious dog ordinance for the City of Dubuque, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Court, cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of the Dubuque Police- men's Protective Association sub- mitting request for appropriate in- vestigation into the possibilities of adopting a forty hour work -week for the Police Department, present- ed and read. Councilman Welu moved that the petition .be referr- ed to the City Manager and Chief of Police for investigation and report. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Petition of O'Connor, Thomas & O'Connor, by E. Marshall Thomas, Attorneys for Algonquin Chemical Company, requesting that Lot 1 of Rock Cut Subdivision be rezoned from a residential area to a heavy Industrial area, presented and read. Councilman Russo moved that the Petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Welu. Motion lost by the following vote: Yeas — Councilmen Russo and Welu. Nays — Mayor Wharton, Coun- cilmen Thompson and Van Duel - man. Petition of Edna H. Connors and others requesting that a two hour Parking restriction be placed on Bluff Street between 1st and 3rd Streets, presented and read. Coun- cilman Thompson moved that the petition be received and filed. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Communication of Arnie Stier. man calling the attention of the City Council to a situation which exists at the north end of Foye Street, where it intersects with Napier Street, and requesting that this situation be given immediate attention, presented and read. Councilman Thompson moved that the communication .be referred to the Council to view the grounds. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Copy of Senate File 163, enacted I1y the General Assembly of the State of Iowa, with reference to boundaries of School Districts, pre- sented and read. Councilman Thompson moved that the copy of Senate File No. 163 be received and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Decision and Order of the Iowa State Commerce Commission in the matter of proposed discontin- uance of Passenger Trains Nos. 21, 22, 23 and 24, between Green Island and Dubuque, Chicago, Mil- waukee, St. Paul and Pacific Rail- road Company, presented and read. Councilman Thompson moved that the Decision and Order be received and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Special Session, July 18th, 1949 329 Decision and Order of the Iowa State Commerce Commission in the matter of application of Joseph F. Wenzel, DBA, River Trails Tran. sit Lines, Dubuque, Iowa, for a certificate of convenience and nec- essity to operate as a motor car- rier of passengers and a limited amount of freight .between Du. buque and the Junction of U. S. Highway 61 and Iowa Highway 136 and Delmar, presented and read. Councilman Thompson moved that the Decision and Order be received and placed on file. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Councilman Thompson moved that the City Manager be instruct- ed to notify the officials of the Chicago Great Western Railroad Company of the repeated viola- tions of the City U.-dinance by their train crews in b: 3cking rail- road crossings. Seconded by Coun- cilman Russo. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Communication of P. J. Houser, Director, Division of Public Health Engineering, submitting for Coun- cil information a copy of H. F. 4, an act of the 53rd General Assem- bly, the new Iowa Stream and Lake Pollution Law, which become effective on July 4 of this year, presented and read. Councilman Thompson moved that the com- munication be received and the Copy of H. F. 4 ,be placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. 1rTays — None. Council Proceedings for the month of February, 1949, presented for approval. Councilman Van Duel - man moved that the Council Pro- ceedings for the month of Febru- ary, 1949, be approved as printed. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Coun. cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Ordinance No. 27-49. An Ordi. nance defining restaurant, itiner. ant restaurant, employee, utensils, health officer, etc., requiring per- mits for the operation of such establishments, prohibiting t h e sale of adulterated, unwholesome or misbranded food or drink, regu. lating the inspection (grading, re- grading, and placarding) of such establishments, the enforcement of this ordinance, and the fixing of penalties, said ordinance having been passed upon first reading this 5th day of July, 1949, 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. 27-49 An ordinance defining restaurant, itinerant restaurant, employee, uten- sils, health officer, etc., requiring per- mits for the operation of such estab- lishments, prohibiting the sale of adul- terated, unwholesome or misbranded food or drink, regulating the inspec- tion (grading, regrading, and placard- ing) of such establishments, the en- forcement of this ordinance, and the fixing of penalties. Be it ordained by the Board of Health (City Council) of the city of Dubuque as follows: SECTION 1. DEFINITIONS The following definitions shall apPlY in the interpretation and the enforce- ment of this ordinance: A. Restaurant.—The term "re;tanr- ant" shall mean restaurant, coffee shot, cafeteria, short nrder cafe, lun- cheonette, tavern, sandwie n stand, soda fountain, and all other eating or drinking establishments, as well as ortciens drinkots. other l prepared places in h for sale else where. B. "Itinerant restaurant"—The term "itinerant restaurant" shall mean one operating for a temporary period in connection with a fair�r,carnival, mbi it cus, public exhibition, gathering. For sanitation requhemen1s fur itinerant restaurants see end of se'' tion 6. C. Employee.—The ste whomha dyes shall mean any p handles es food or drink during preparation or serving, or who comes in contact with or who Ianeatinor s employed in akr room In ing utensils, h food or drink is prepared . served. tn- D. Ut(aI 11s.—"Utensils" clude any kitchenware, taclopware, in - glassware, cutlery, utensils, ers, or other equipment with which food or drink comes in r °nerd during servinstorage, preparation, E. Health officer.—The term 'hen to officer" shall mean the Director of 330 Special Session, July 18th, 1949 Health of the city of Dubuque or hie authorized representative. F. Person.—The word "person" shall mean person, firm, corporation, or association. SECTION 2. PERMITS It shall be unlawful for any person to operate a restaurant in the c,ty of Dubuque who does not possess an un - revoked permit from the health officer. Such permit shall be posted in a con- spicuous place. Only persons who comply with the requirements of this ordinance shall be entitled to receive and retain such a permit. A person conducting an itinerant restaurant shall also be required to secure a permit. Such a permit may be temporarily suspended by the health officer upoi the violation by the holder of .4ny of the terms of this ordinance, or re- voked after an opportunity for a hearing by the health officer upu•i serious or repeated violation. Where the grading form of tha ordi- nance is in effect, it is not the tnteot of this section to require annual per- mits. In, such cases the permit is of value primarily as a registration de- vice. It permits the health officer to prosecute any persons who begin oper- ating a restaurant without notifying him, and thus without being graded. The grading principle of the ordinance makes it unnecessary that the permit be renewed annually, inasmuch as the continuous announcement of grades through grade placards as determined by periodic inspection is equivalent to the periodic granting of permits. Where the nongrading form of the ordinance is in effect, the health of- ficer may find it advantageous to re- quire annual permits, and to refuse to issue or renew such permits unless the ordinance requirements are sat- isfied. This section authorizes the health officer to suspend or revoke the per- mit for cause. Suspension of the per- mit for violation of the sanitation items of section 6 is provided for in section 5 and is disco.sed in the Code material under section 5. When tiny of the provisions of this ordinance other than the sanitation items of section 6 are found to be violated, regardless Of whether the grading or the non - grading form of the ordinance is in effect, the restaurant is subject to suspension of permit. Section 2 auth- orizes the health officer to suspend permits temporarily without a hearing. Such authority is necessary in order to permit prompt action for any viola- tion in emergencies when there is a serious health hazard. The permit may be revoked perma- nently for serious or repeated viola- tions of any provision of any section of the ordinance. An opportunity for a hearing must be provided before such revocation. The procedure governing reinstate- ment of the permit following suspen- sion is given in section 3. SECTION 3. PLACARDING OR PUBLIC DISPLAY OF GRADE, NOTICE Every restaurant shall display at all times, 1 in a place designated by the the health coffi ern atiatince gpp�Oe ed by of the establishment. of Where the grading form of the ordi- uanre is in effect and restaurants of n grade lower than grade A are Permitt- ed to operate, it is imperative that the health officer rigidly enforce proper grade display by all restaurants and similar establishments, in order that customers may be informed of the grade thereof. The grade display is the means whereby the competitive effect of grading tends to improve restaurant sanitation. Immediately upon the degrading of any restaurant the health officer should require that all grade displays be changed. This may be done by means of rubber stamps or stickers indicating the lower grade. The health officer should carry with him on all Inspections the necessary rubber stamps and stickers. The grade notice may be displayed on menu cards or boards or upon a separate placard, and shall be of a type and Ina location approved try the health officer as being readily visible to the patrons. SECTION 4. EXAMINATION AND CONDEMNATION OF - UNWHOLESOME Samples of food, drink, and other substances may be taken and exam- ined by the health officer as often as may be necessary for the detec`ion �f unwholesomeness or adulteration. The health officer may condemn and for- bid the sale of, or cause to he remov- ed or destroyed, any food or drink which is unwholesome or adulterated. While this section authorizes he health officer to examine and con- demn food or drink which is unwhole- some or adulterated the local health officer will usually find it most prac- ticable to limit such action to spoiled foods, those suspected of having caus- ed or being able to cause food-poiso•t- ing outbreaks, or other condltions which may involve an immediate health hazard, and to refer those cases of suspected adulteration and misbranding which Involve no immo- diate health hazard, to the State food control officials or to the U.S. Fo r•1 and Drug Administration. When cases of food poisoning are re- ported an Immediate epidemiological and laboratory investigation should be made by the local or State health department in an effort to determine the vehicle and the source so as to prevent a recurrence. Section 10 gives the health officer full power to act when infection is suspected. The pro- cedure to be followed in food -poisoning outbreaks is discussed in "Food Con- trol" by J. H. Shrader (1939), pp. 63-69. Samples for the determination of adulteration and misbranding should be taken and examined in accorda.noc with the methods prescribed by the Association of Official Agricultural Chemists. SECTION 5. INSPECTION 'JF RESTAURANTS At least once every 6 months the health officer shall inspect every res taurant located within the city of Dubuque. In case the health officer discovers the violation of any item of sanitationrequired for the grade then held, he he shall make a second inspection after tlapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compli- ance with the grade requirements of this ordinance. Any violation of the same item of this ordinance on such second inspection shall call for im- medlate degrading or suspension of permit. One copy of the inspection report ,hall be posted by the health officer upon an inside wall of the restaurant, Special Session, July 18th, 1949 331 and said inspection report shall not oe defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the health department. The person operating the restaurant shall upon request of the health officer permit access to all parts of the es- tablishment and shall permit copying any or all records of food purchased. The first sentence of this Rection should not be taken to imply that one Inspection every 6 months is a desir- able frequency. It should instead be regarded as the legal minimum. In actual practice it is desirable to In- spect every restaurant at least every 3 months. Special attention is directed to the requirement that a restaurant be immediately degraded and the grade notice changed, or the permit suspended, if two successive inspec- tions disclose violation of the same item. Experience has demonstrated con elusively that a strict enforcement of the ordinance leads to a far better and more friendly relationship between the health officer and the industry than does a policy of enforcement which seeks to excuse violations and defer punishment therefor. The inspector's criterion of satisfactory compliance should be neither too lenient ,n 'ha one hand nor unreasonably stringent on the other. Violations of minor or Insignificant degree should not be en- tered as a violation on the inspection form but should be called to the man- agement's attention and should be en- tered as a remark. Whenever a violation is discover,n the inspector should point out to the management the requtremen that has been violated, should explain the pub- lic health reason for the require- ment, and should suggest methods for correcting the defect. An educa- tional rather than a policeman type of approach is recommended. The penalty of degrading or suspan- sion of permit is provided in order to prevent continued violation of the pro- visions of this ordinance, but th-7 wording is designed to protect the industry against unreasonable or dic- tatortal action. Of course, when a condition is found which constitutes an imminent health hazard orotnPt actionis necessary in order to protect the public health: there- fore, the health officer Is au- thorized by section 2 to suspe+id the permit immediately. However except for such emergencies, no penalty is Inflicted on the restaurant upon the first violation of any of the items of sanitation listed in section 6. A restaurant found violating any item must first be notified in writing, and must be given a reasonable period of time In which to correct the defect before a second Inspection is made. After receipt of the notice of violation. but before the allotted time has elaps- ed,.the management has an opportun- ity to appeal to the health officer or board of health from the inspector's Interpretation or for an extension of the time allowed for correction. Not until the second inspection has reveal- ed failure to correct the defect is the restaurant subiect to degrading or sus- pension of permit. Even then the management still has the legal right to refuse to display the lower grade notice or to continue operating after the permit has been suspended, and to rely for vindication upon court ac- tion instituted by the health officer. It is only fair to state, however, that the courts usually sustain the health officer unless the ordinance require- ment or interpretation is proved to be unreasonable. Violation of any of the provisions of this ordinance other than the sanita- tion items given in section 6 is punish- able only by suspension or revoca- tion of permit, even where the grading form of the ordinance is in effect. For the procedure in such cases, see the Code discussion under section 2. SECTION 6. THE GRADING OF RESTAURANTS The grading of all restaurants shad be based upon the following standards. This ordinance does not require the periodic announcement of the grades of the restaurants in the community. Publishing the names of the estab- lishments of different grades would require much space and is not nec- essary because prospective customers may ascertain the grade of an estab- lishment from the grade placard re- quired by section 3. However, health officials periodically should issue news releases which include the following points: (1) The supervision of the local eat- ing and drinking establishments is a public health activity designed to minimize the spread of certain dis- eases. This activity is beneficial beth to the public and to the restaurant personnel. (L) The restaurants are graded ac- cording to their compliance with sani- tation requirements. Grade A estab- lishments are the safest, Grade Ii ]daces have failed to comply with one ur more of the less important require- ments, and grade C restaurants have violated one or more of the important items of sanitation. Grade C places are permitted to operate for only a temporary period of 30 days or less; I t is a penalty grade which was pro- vided In the ordinance so as to permit restaurants which fail to comply to continue to operate during a short grace period while improvements are being made. (3) Patrons should look for the grade before Patronizing an estal:- lishment, and should Patronize only the grade A places. SANITATION REQUIREMENTS FOR\ (GRADE A) RESTAURANTS All grade A restaurants shall com- ply with all of the following items of sanitation. A convenient summary of the to- llowing sanitation requirements Por restaurants will he found in the , taurant inspection form. ITEM 1. FLOORS The floors of all rooms In wl,i;h food or drink is stored, prepared, or served, or in which utensils are wash - to be easily leanl be of ed, ,hallCh ytbertion ,mooih and shall be kept clean and in good repair. Satisfactory compliance.—This item shall be deemed to have been satisfied If: (1) The floors of all rooms in which food or drink is stored, prepare,], or served are of such construction as to be easily cleaned, are smooth and are in gond repair. Floors may c5, be rof wood Crete, terrazzo, tile, covered with linoleum, or tight wood. \\'ooden floors containing cracks, hole or broken or poorly fitting planks, Which otherwise fall to be tight, do 332 Special Session, July 18th, 1949 not comply with this item. If floor drains are used they shall be provided with proper traps and so constructed as to minimize clogging, and the floor should be graded to drain. (2) All floors are kept Clea.,i and free from litter during the hours of preparing, cooking, and serving of tood. Du•,tless methods of floor clean- ing shall be used, or dust-arrestiii; sweeping compounds and push-brooris employed; and all except emargen•,y floor cleaning shall be done during those periods when the least amount of food and drink is exposed, such as after closing or between meals. ITEM 2. WALLS AND CEILINGS Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are wash- ed shall have a smooth washable sur- face up to the level reached by splash or spray. Satisfactory compliance.—This item shall be deemed to have been satisfied if: (1) Walls and ceilings of all rooms in which food or drink is stored, pro - Pared, or served are clean and in good repair. (2) Walls and ceilings of all roo Sia in which food or drink is 'prepared or stored are painted or finished in light color and refinished as often as necessary in a manner approved by the health officer. (3) The walls of all kitchens anfl sculleries have a smooth, washable surface up to the level reach.•d by splash or spray, especially splash .;r spray from the dishwashing vats or niachine. ITEM 3. DOORS AND WINDOWS When flies are prevalent, all opan- ings into the outer air shall be ef- fectively screened and doors anall be self-closing, unless other effective means are provided to prevent the entrance of flies. Satisfactory compliance.—Thi, item shall be deemed to have been satisfied if: effectively screenouters to the ed with not less than 16 -mesh wire or plastic cloth; and all doors are self-closing and screen doors to the outer air open outward; or (2) Fans of sufficient power to pr; - vent the entrance of flies are n us. at all otherwise ineffectively nrote. t- ed openings; or (3) Flies are absent. Window and door screens must be tight -fitting and free of holes. This includes the screens for skylights and transoms. This item must be satisfied during the seasons of the year when flies are prevalent. ITEM 4. LIGHTING All rooms in which ;ood or diink is stored or prepared or in which uten- sils are washed shall be well lighted Satisfactory compliance.—This ite.n shall be deemed to have been satisfie, If artificial light sources are provided which furnish 10 foot-candles on all working surfaces in rooms in which food or drink is prepared or in which utensils are washed, as measured by a suitable light meter (which ordinar- ily may be purchased at reasonable cost or borrowed from the local power and light company), and are in use ex_ cept when equivalent natural light is present. This intensity oP lighting does not apply to the dining room. Storage rooms shall be considered to be sufficiently well lighted if approxi- mately 4 foot-candles are provided at All rooms in which food or drink is a distance of 30 inches from the floor. ITEM 5. VENTILATION stored, prepared, or served, or 1n which utensils are washed, shall he well ventilated. Satisfactory compliance.—This item shall be deemed to have been satisfied if all rooms are adequately ventilated so as to be reasonably free of dis- agreeable odors and condensation. Ventilation equipment supplementary to windows and $oors such as ade- quate exhaust fa s or stove hoods, shall be provided if necessary. This requirement shall not apply to cold storage rooms. ITEM 6. TOILET FACILITIES Every restaurant shall be nr wided with adequate and conveniently locat- ed toilet facilities for its employees conforming with the ordinances of the city of Dubuque. In restaurants here- after constructed toilet rooms shall not open directly into any room in which food, drink, ur utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in :a clean condition, in good repair, and woo lighted and ventilated. Hand -washing signs shall be posted in each toilet room used by employees. In case privies or earth closets are permitted :tad used, they shall be separate from Lhe restaurant building, and ahall ne of a sanitary type constructed anal operated in conformity with the standards of the State board of nealth. Satisfactory compliance.—Tnls item shall be deemed to have been satisfied if: (1) Adequate tolet facilities conven- iently located and complying with the city plumbing code are provided for employees. (2) In restaurants hereafter con- structed there is an intervening roorn or vestibule between any toilet room and any room in which food cr drliik is prepared, served, or stored or in which utensils are handled or stored. The intervening room or vestibule shall be equipped with tight -fitting, self-closing doors, and shall be of such dimensions as to prevent both doors from being opened Amulta- neously by the same person. (3) The toilet -room doors are pro- vided with springs or checks to mak3 them self-closing. (4) The toilet rooin and fixtures are kept clean, sanitary, In good repair, and free from flies. (5) The toilet room is well lighted, and ventilated to the outside air. (6) Durable, legible signs are posted conspicuously in each toilet room di- recting employees to wash their hands before returning to work. Such sig:as may be stencilled on the wall to pre- vent removal. A booth open at the top or oottom shall not qualify as a toilet room. Privies shall be constructed aha op- erated In accordance with the stand- ards of the State board of health. ITEM 7. WATER -SUPPLY Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils ase washed, and the water supply ,hall be adequate, and of a safe, sani- lary quality. Satisfactory compliance.—This Item =hall be deemed to have been satisfied .f: Special Session, July 18th, 1949 333 (1) Running water under pressure is easily accessible to all rooms in which food is prepared or ' utensils are washed. (2) The water supply is ample in quantity to insure proper cleaning of floors, equipment, and utensils. (3) The water supply conforms with the construction, operation, and sani- tation standards of the State board of health. ITEM 8. LAVATORY FACILITIES Adequate and convenient hand - washing facilities shall be provided, including hot and cold running water, soap, and approved sanitary towels. The use of a common towel is prr.. hibited. No employee shall resume work after using the toilet roum without first washing his hands. Satisfactory coinpliance.—Thii item shall be deemed to have been satisfied If hand -washing facilities, including hot and cold running water, soap, and individual cloth or paper towe.�, ire provided. Washing facilities must be adequate and convenient to the toile room. Utensil -washing vats shall not be accepted as washing facilities for personnel. Hot water must be on hand at all times or within a reason- able time after opening the faucets. Soap and towels should be provided by the management. No employee shall return from a toilet to a room where food, drink, or utensils are handled or stored without first having washed his hands. ITEM 9. CONSTRUCTION OF UTENSILS AND EQUIPMENT All multi -use utensils and all show and display cases or windows, coun- ters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used: Provided, that solder containing lead may be used for jointing. Satisfactory compliance.—This item shall be deemed to have been satisfied if: (1) All surfaces with which food or drink comes in contact consist of smooth, not readily corrodible mater- ial. (2) All surfaces with which food or drink comes in contact are in good repair, free of breaks, corrosion, open seams, cracks, and chipped places. Tiffs requirement precludes the use of any type of equipment so designed as to Permit food or drink routinely to come in contact with V -type threaded sur- faces. In all cases where a rotating shaft is inserted through a surface with which food or drink comes in contact, the inspector shall assure himself that the joint between the moving and stationary surfaces is close fitting. (3) All surfaces with which food or drink comes in contact are easily ac- cessible for cleaning, and are self - draining. (4) All diiplay cases, windows, coun- ters, shelves, tables, refrigeration equipment, stoves hoods, mixers, meat grinders, and other equipment are so constructed as to be easily cleaned, and are in good repair. (5) No utensils containing or plated With cadmium or lead are used, pro- vided that solder containing lead may be used for jointing. The following field test, adopted by the Bureau of Food and Drugs of the Department Of Health, City of New York, may be used for the detection of cadmium ITEM 10. CLEANING AND BAC- TERICIDAL TREATMENT OF UTENSILS AND EQUIPMENT. All equipment, including display cases or windows, counters, shelves, tables, refrigerators stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Single -serv- ice containers shall be used only once. All multi -use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an ap- proved bactericidal process after each usage. All multi use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately fol- lowing the day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall ne used for the cleaning or polishing, , f utensils. Satisfactory compliance.—This item shall be deemed to have been satis- fied if: (1) All equipment, Including dis- play cases and windows, counters, shelves, tables, meat blocks, refrig- erators, stoves, and hoods, are kept clean and free from dust, dirt, in- sects, and other contaminating ma- terial. (2) All tablecloths, napkins, and cloths used by waiters, chefs, and other employees are clean. (3) Single -service articles, such as paper cups, plates, straws, and milk bottle caps, are used once only. (4) All multi -service eating and drinking utensils are thoroughly clean- ed after each usage, and all muiil- use utensils used in the preparation or service of food and drink are thor- oughly cleaned immediately following the day's operation, in such manner as to be clean to the sight and touch A suitable detergent shall be used. (5) After cleaning, all such atensils are effectively subjected to one or more of the following or other equiv- alent approved bactericidal processes. (a) Immersion for at least 2 min- utes in clean, hot water at a temper- ature of at least 170 degrees F. or for ?� minute in boiling water. Unless actually boiling water is used an ap- able convent ntntotthe er at.shal Thebe ;ouir- ing of scalding water over washed utensils shall not be accepted as sat- isfactory compliance. Where hot water is used for bac- tericidal treatment, there shall be pro- vided a hot water heater (preferably controlled by a thermostat) capable of maintaining a water temperature of at least 170 degrees R in the vat at all times during business hours, and water at such temperature shall uten- silsbe are available while washed and given treatment. The heating de- vice may be integral with the immer- sion vat. It is considered that even in the case of roadside stands hot water e Of gmabe asoline obraike kerosene ned ustoves gh the which may, if the wash and rinse vats are di - correctly constructed, be placed rectly thereunder. Provision should be made for utensils,ebinerged nsating for t especially when loss tothelarge numbers shall be taken in the bactericl- dal treatment of containers by immer- ,ion in hot water Or the trapping of �airl in the scon- 334 Special Session, July 18th, 19.9 tainer, thus preventing contact with the entire surface of the container. This may be accomplished by placing all glasses, cups, plates, and saucers In a venting position so that air will not be trapped. (b) Immersion for at least 2 minutes in a lukewarm chlorine bath contain- ing at least 50 ppm of available chlor- ine if hypochlorites are used, or a concentration of equal bactericidal strength if chloramines are used. The bath should be made up.at a strength of 100 ppm or more of hypochlorites and shall not be used after its strength has been reduced to 50 ppm. Bacterici- dal treatment with chlorine is ineffec- tive if the utensils have not been thoroughly cleaned. Where chlorine is relied upon for bactericidal treat- ment, the bactericidal treatment re- quirement of this item shall therefore be considered as violated if the utensils s0 treated are not clean. Chlorine solutions once used shall not be re- used for bactericidal treatment on any succeeding day, but may be reused for other purposes. Where chlorine treatment is used ., three -compartment vat shall be re- quired, the first compartment to be used for washing, the second for plain rinsing and the third for chlorine im- mersion; provided that for existing installations the second or rinsing com- partment may be omitted if a satisfac- tory rinsing or spraying device is sub- stituted. This will prevent the exces- sive consumption of chlorine by or- ganic matter and washing compound carried over from the washing com- partment. The first basket of utensils will remain in the chlorine bath for at least 2 minutes while the second basket is in the plain rinse and the third basket is being washed. Upon removal from the chlorine bath the utensils may be rinsed in clean run- ning water, if desired, and allowed to dry either In the basket or inverted on a drain shelf or tray. The shall ealth self byhfreque tf itest that the chlorine bath in actual use is of the required strength. (c) Exposure in a steam cabinet eterilocatedpet nthet antcoldesgzone therrtoat least 170 degrees F. for at least 15 minutesfor at least 5 minutes• For degrees or to at last0a discussi n of steam cabinets see item 14r of the U. S. Public Health Service Milli Code. Steam cabinets should be pro- vided with a valve to permit the dts- charge of cold air when steam is admitted. (d) Exposure in a properly designed oven or hot-air cabinet equipped with an indicating thermometer located in the coldest zone to hot air at a tem- perature of at least 130 degrees F, for at least 20 minutes. Equipment that is too large t0 immerse may be treated (1) with live steam from a hose, in the case of equipment in which steam can be confined (2) by boiling water rinse, or (3) by spravin or swabbing with chlorine solution of approved strength. Health officers should check with a thermometer the actual temperatures used In the methods which ++tnpluy heat as the bactericidal agent. For all bactericidal processes the actual period of exposure to the temperature or the chlorine rinse should be checked determine compliance. To m eto ad- equate exposure even during rush hours, restaurants should be encourag- ed to provide a sufficient supply of glasses, dishes, cups, and tableware, Particularly where the process em- ployed requires a lone exaosure perlod. Drying cloths, if used, shall be clean and shall be used for no other pur- pose. It is recommended that wlte.r•• ever possible utensils be permitted to drain dry without the use of drying cloths. In dishwashing machines the use of higher wash water temperatures, high- er detergent concentrations, and the more efficient inechanteal removal of soil, make it possible to employ a shorter exposure period for the final treatment (the hot water of chlorine rinse, or, in the case of some glass - washers, the exposure to a let ;of steam). When dishwashing machines are used the bactericidal treatment stand- ards given above in 5(a) through 5(d) will not apply, and the health officar shall resort to other methods such is the following for determining the actual results obtained. Where bacteriological laboratory fa- t•ilitiesare available, the swab test procedure for determining the i umber of bacteria on utensil :surfaces is rec- ommended for the bacteriological ex- amination of utensils which have been cleansed and disinfected by any of the above methods. (6) No article, polish, or other sub- stance containing any cyanide pre- paration or other poisonous material is used for the cleansing or polishing of utensils. The field test, described by Korff and Kaplan in the October 1942 issue of the American Journal of Public Health, may be used for the detection of cyanide in metal polishes. ITEM 11. STORAGE AND HAN- DLING OF UTENSILS AND EQUIPMENT After bacteridical treatment utensils shall be stored in a clean, dry place protected from flies, dust, and other contamination, and shall be handled in such a manner as to prevent con- tamination as far as practicable. Single -service utensils shall be pur- chased only in sanitary containers, shall be stored therein in a clean, dry Place until used, and shall be handled in a sanitary manner. Satisfactory compliance. — This item shall be deemed to have been satisfied If: (1) All containers and utensils are stored at a sufficient height above the floor in a clean, dry place protected from flies, splash, dust, overhead leak- age and condensation and other con- tamination. Wherever practicable con- tainers and utensils shall be covered or inverted. (2) Drain racks, trays, and shelves are made of not readily corrodible material, and are kept clean. (3) Containers and stenstls are not handled by the surfaces which come in contact with food or drink. Fingers should not touch the inside surfaces of glasses, cups, dishes, etc., nor the bowls of spoons, the tines of forks, or the blades of knives. Any equip- ment touched by the inspector shall Ile again subjected to bacte*acid tl treatment before being used. (4) Paper cups, plates, straws, spoons, forks, and other single -service containers and utensils are purchased In sanitary cartons and stored therein In a clean, dry place until used, and after removal from the cartons these articles are handled in a sanitary man- ner. Laundered cloths and napkins shall be stored in a clean place until used. (5) Spoons, spatulas, dippers, scoops, etc., used for dispensing frozen des- Special Session, July 18t11, 1949 335 serts are, when not in use, kept either in water maintained at 170 degrees N'. or in running water. ITEM 12. DISPOSAL OF WASTES All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, In such manner as not to become a nuisance. Satisfactory compliance. — This item shall be deemed to have been satisfied If: (1) All liquid wastes resulting from the cleaning and rinsing of uten- sils and floors, from flush toilets, and from lavatories are disposed of in a public sewer or, in the absence of a public sewer, by a method approved by the State board of health. Crease traps are recommended where much grease is discharged. (2) All plumbing complies with the city plumbing ordinances and is so designed and installed as to prevent contamination of the water supply through inter -connections and back - siphonage from fixtures, including dishwashing machines and sinks. (3) All garbage is kept in tight, non- absorbent, and easily washable recep- tacles which are covered with close - fitting lids while pending removal. (4) All garbage, trash, and other waste material are removed from the premises as frequently as may be ne- cessary'to prevent nuisance and un- sightliness, and are disposed of in a manner approved by the health officer. (5) All garbage receptacles arc washed when emptied, and treated with a disinfectant if necessary -o prevent nuisance. ITEM 13. REFRIGERATION All readily perishable food and drink shall be kept at or below 50 degrees P. except when being prepared or served. Waste water from refrigeration equip- ment shall be properly disposed of. Satisfactory compliance. — This item shall be deemed to have been satis- fied if: (1) All readily perishable food or drink is kept at or below 50 degrees r. except when being prepared or served. This shall include all custard -filled and cream -filled pastries, milk and milk products, egg products, meat, fish, shellfish, gravy, poultry stuffing, and sauces, dressings, and salads con- taining meat, fish, eggs, or milk or mills products. (2) All ice used is from a source approved by the health officer and is stored and handled in such manner as to prevent contamination. Water used to wash ice shall comply with the safety standards of item 7. (3) To prevent contamination of the refrigerator contents by possible sew- age backflow, all waste water from re- frigeration equipment drains into an open sink or drain, properly trapped and sewer connected; provided that where sewer connections are not avail- able clean adequate water -tight drip pans may be used, or the drainage is disposed of in an approved manner. ITEM 14. WHOLESOMENESS OF FOOD AND DRINK All food and drink shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consu,mption. All milk, fluid milk pro- ductsice cream, and other frozen des- serts served shall be from approved sources. Milk and fluid milk products shall be served in the individual orig- Inal containers in which they were received from the distributor or from a bulk container equipped with :in ap- proved dispensing device: Provided. that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams, and mussels shall be from ap- proved sources, and if shucked shall be kept until used in the containers in Which they were placed at the shuck- ing plant. Satisfactory compliance. — This Item shall be deemed to have been satisfied if: (1) All food and drink are clean, wholesome, free from spoilage, and so prepared as to be safe for human con- sumption. The term "food and drink" shall include condiments, dressings, and sauces. (2)All custard -filled and croam- filled pastries served have beer re - baked, after filling at an oven tem- perature of at least 425 degrees F. for at least 20 minutes and cooled to 50 degrees F. or less within 1 hour after rebaking; or the filling has been heated before the pastry shells were filled, so that every particle of the mix was held at a temperature of at least 190 degrees F. for at least 10 minutes and cooled, either before or after filling the pastry shells, to 50 degrees F. or less within 1 hour after heating. (3) All milk, fluid mills products, ice cream, frozen custard, sherbet, ices, and similar frozen desserts served are from sources approved by the health officer. Pasteurized milk and milk pro- ducts should be used where available. (4) All milk and fluid milk products are served in the individual original containers in which they were received from the distributor, or from a bulls container equipped with an approved dispensing device. In the case of milk drinks mixed at soda fountains, etc., this provision shall be interpreted as requiring that the milk used shall include the entire contents of the original container or shall be from an approved bulk dis- penser. Mixing of milk drinks sh,d] be done in a sanitary manner. In enforcing this item the health officer may make an exception in the case of cream served with coffee, cer- eals, etc., as in this case it is im- practicable to serve in the original container because of the fact that it is impossible for the distributor to deliver cream to the establishment in the unit -size containers which would be required in each case. Further- more the use of expensive bulk dis- pensers may not be a defensible re- quirement for all soda fountains, rest- aurants, etc. For such service the health officer may permit transferring from the original bottle, or from a pump, urn, or other dispenser which complies with requirements and which is filled in a sanitary manner, kept clean, and frequently subjected to bac- tericidal treatment complying with the requirements of item 10. (5) All oysters, clams, and mussels are from a source approved by the State health department, provided that If the source is outside the State the shipper's name shall be on the current lists of certified dealers issued by the ed shellfish shallblic Hbeitr kept und used in the placed at tthe sshun ckingcplanty were ITEM '15. STORAGE, DISPLAY. AN' SERVING OF FOOD AND DRINK All food and drink shall be so stored. displayed, and served as to be protect- ed frau (lust, flies, vermin, depreda- tion andpollution by rodents, unne- cessary handling, droplet infection. overhead leakage, and other contamin- 336 Special Session, July 18th, 1949 ation. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimtna- tion of flies, roaches, and rodents shall be used. Satlsfactory compliance. — This Item shall be deemed to have been satisfied if: (1) All food and drink are stored and displayed in such manner as to be protected from duet, flies, Vermin, unnecessary handling, droplet infec- tion, overhead leakage, and condensa- tion, sewage back-flow, and other con- tamination. Evidence of the presence of rodents, roaches, ants, or oth,.r ver- min shall be considered as a violation of this item. Food or drink shall not e stored or prepared beneath overhead sewer or drain pipes unless such pipes are provided with suitable means to carry off possible leakage or conden- sation. Food or drink shall not be stored on floors which are subject to flooding from sewage back-flow, such as those below street level. On new construction the location of a restaurant in a basement below the surface of the ground shall be dis- couraged. The pouring lips of bottles containing milk or other beverages in non -leakproof containers shall not be submerged in water for cooling. (2) All food and drink are handled and served in such a manner as to minimize the opportunities for con- tamination. Serving of sliced butter and cracked ice shall not be by direct contact with fingers or hands, and manual contact with all food or drini- shall be avoided insofar as is possible Sugar shall be served only in covered dispensers or in containers or wrapped packages for individual service; con- tainers should preferably be :o de- signed that a spoon cannot oe in- serted. (3) All unwrapped or unenclosed ood and drink on display are protected by glass or otherwise from public ban filing or other contamination, except that approved hand openings for self- service may be permitted on counter fronts. (4) No animals or fowls are kept or allowed in any room in which food or drink Is prepared or stored. (5) All enclosed spaces within double walls, between ceilings, and floors, be- neath floors, and In fixtures and equip- ment, which provide harborage and potential breeding places for rodents, have been eliminated by the removal of the sheathing or interior walls which form the enclosed spaces; or ;ill ex- posed edges of such walls, floors, and sheathing have been protected against gnawing by rats by the installation of approved ratproof material, and all openings in walls, floors, and ceilings through which pipes, electric cables, and other conduits pass have been properly sealed with snugly fitting col- lars of metal or other approved rat - proof material securely fastened in place and so maintained; and propa- gation of rats and invasion and in- festation of the premises by them has been premanently prevented. (For information on specific ratproofinq methods see The Rat and Ratproof Construction of Buildings, Supplement No. 131 to the Public Health Renorts, U. S. Public Health Service). nary) forlthe elimination of flies, reach- es, and rodents are emploved. For the elimination of flies, fly -repellant fans, flypaper, fly traps, or flv-killing sprays or powders may be used. All polsonous compounds used in the ex- termination of rodents or insects shall be so colored as to be easily identified; however, poisonous substances should he used with extreme caution ani compounds harmless to humans should be substituted wherever possible. ITEM 16. CLEANLINESS OF EMPLOYEES All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equip- ment. Employees shall not expec- torate or use tobacco in any form in rooms in which food is prepared. Satisfactory compliance. -- T h i s item shall be deemed to have been sat- isfied if: (1) The outer garments of all per- sons, including dishwashers, engaged in handling food or utensils are reason- ably clean and are used for no oth(r than restaurant duty. Clean uniforms, coats, or aprons shall be considered satisfactory. Hair nets, head bands, c,r caps should be worn. (2) The hands of all persons are kept clean while engaged in handling food, drink, utensils, or equipment. (3) There is no evidence of slitting or of the use of any form of tobacco by employees in rooms in which food is prepared. Education of food handlers is prob- ably the most effective method of ob- taining compliance with sanitation re- quirements. Control officials •ttr there- fore urged to undertake training cours- es for food handlers in their communi- ties. Res6aurant employees should have some knowledge of food -borne diseases and modes of transmission, should be thoroughly acquainted with the re- quirements of this ordinance, should not work when 111 or with discharging or presumably infected sores or wounds (see section 9), and should he meticulous about personal hygieae, particularly cleanliness of hands and nails. Manuals for instructions A food handlers are available Prom a number of sources, including the City Depart- ment of Public Health, Flint, Michi- gan, the State Health Department, Austin, Texas, and the Public Health Service (From Hand to Mouth. U.S. Government Printing Office, 1943). ITEM 17. MISCELLANEOUS The be kept all t clean and free of litter shall rolr rubbish. None of the operations con- nected with a restaurant shall be con- ducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. Satisfactory compliance. — This item shall be deemed to have been satisfied if: (1) The premises are clean and free of litter and rubbish, which shall be disposed of as required for the res- taurant wastes by item 12. (21 None of the operations connect- ed with the establishment is conduct- ed in any room used as living or sleep- trig quarters. (3) Dressing rooms or adequate lock- ers not located in the kitchen are provided for employees' clothing and are kept clean. (4) Containers are provided and soil- ed linens, coats, and aprons are kept therein. GRADE B RESTAURANTS Grade B restaurants are those which fail to comply with item 1, 2, 4, 5, or 17, but which conform with all other Special Session, Items of sanitation required for grade A restaurants. Where the grading form of the ordinance is in effect, the above defin- ition is designed to represent restaur- ants which fail to meet certain grade A requirements that are not of major public health significance. Restaur- ants which fail to meet any one of the more important of the grade A re- quirements on two successive inspec- tions are degraded to grade C. In communities which are not yet in position to limit operations to res- taurants of the highest grade only, this definition serves as the speciftca- tions for the second grade. In other municipalities which under section 7 permit none but grade A restaurants to operate (except during temporary degrading periods) grade 13 serves a useful role as a penalty grade to which grade A restaurants may be temporarily degraded for minor vio- lations which the health officer would hesitate to punish with so severe a penalty as suspension of permit. GRADE C RESTAURANTS Grade C restaurants are those which fail to comply with either the grade A or the grade B requirements. Where the grading form is in ef- fect, this definition is designed to serve as a temporary penalty grade for those restaurants which fail to satisfy the grade A or the grade B requirements. If any restaurant which has been de- graded to grade C fails to qualify for a higher grade within the period spe- cified in section 7, its permit is sus- pended or revoked. ITINERANT RESTAURANTS Itinerant restaurants shall be con- structed and operated in an approved manner. The health officer should approve an itinerant restaurant only if it com- plies with the following sanitation re- quirements: It shall be located in clean surround- ings and kept in a clean and sanitary condition. It shall be so constructed and arranged that food, drink, utensils, and equipment will not be exposed to insects or to dust or other contamin- ation. Only food and drink which is clean, wholesome, and free from adul- teration shall be sold or served. An adequate supply of water of safe, sani- tary quality shall be easily available and used for drinking and for cleaning utensils and equipment. If multiuse utensils are used in the serving of food or drink, they shall be thoroughly washed with hot water and a sat- isfactory detergent and effectively subjected to an approved bactericidal process after each use and so handled and kept as to be protected from contamination. Adequate provision shall be made for refrigeration of ed in perishable orwon ithfoodordrink. Ice S drink shall be from a source approved by the health officer and so handled as to avoid contamination. Garbage and refuse shall be kept in tightly covered, watertight containers until removed and shall be disposed of In a place and manner approved by the health officer. Dishwater and other liquid wastes shall be so dis- posed of as not to create a nuisance. No person suffering from any dis- ease transmissible by contact or through food or drink or who is a carrier of the germs of such a dis- ease shall be employed in any capacl- tY. Adequate and satisfactory toilet and hand -washing facilities shall be readily accessible to employees. No person engaged in the handling or serving of food or drink shall return to his work, after using the toilet, illy 18th, 1949 337 without first thoroughly washing his hanae. Upon failure of any person maintain- ing or operating an itinerant restaur- ant, after warning, to comply with any of these requirements it shall be the duty of the health officer summarily to forbid the further sale or serving Df food or drink therein. Any person c,ntinuing to sell or serve food or drink in such a restaurant after being so forbidden, shall be subject to the penalties provided for violation of this ordinance. SECTION 7. GRADE OF RESTAU RANT WHICH MAY OPERATE From and after 12 months from the date on which this ordinance takes effect no restaurant shall be operated within the city of Dubuque or its police Jurisdiction, unless it conforms with the grade A or grade B or ap- proved itinerant restaurant require- ments of this ordinance: Provided, That when any restaurant fails to qualify for any of these grades the health officer is authorized to sus- pend the permit or in lieu thereof to degrade the restaurant and rermit its operation during a temporary period not exceeding 30 days SECTION B. REINSTATEMENT OF PERMIT; SUPPLEMENTARY REGRADING Any restaurant, the grade of which has been lowered and all grade dis- plays have been changed accordingly, or the permit of which has been sus- pended, may at any time make ap- plication for regrading or the rein- statement of the permit. Within one week after the receipt of a satisfactory application, accom- panied by a statement signed by the applicant to the effect that the violat- ed provision or provisions of this or- dinance have been conformed with, the health officer shall make a re- inspection, and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the higher grade requirements, and. in case the findings indicate compli- ance, shall award the higher grade or reinstate the permit. No application for regrading upward should be considered by the health officer unless the restaurant in ques- tion has complied with the, require- ments and interpretation of section 4 of this ordinance relative to the dis- play of grade signs after having been degraded. SECTION 9. DISEASE CONTROL No person who is affected with 1110' disease in a communicable form or is a carrier of cwork In any restaurant ani disease re restaurant shall employ any such person or any person suspected of being affected with any bof eing a carrier of s h diseasem Ifrthe restaurant manager suspects that any .,mployee has contracted any disease in a communicable form or has become a carrier of such disease he shall no- tify the health officer immediately. beposted In allntoilethis rooms.ion shall The above requirement prohibits persons 9diseaa . Inga communicablected e forma or any who are carriers or are suspected of being carriers of such disease from employment in any restaurant. No person having a discharging or p e sumably infected wound, sore or le- sion shall handle food, drink, utensils, cr equipment. This ordinance does not require dcat rou- handlersbecause� examination,; iifelt that f th, 338 Special Session, July 18th, 1949 conflicting opinions of health officer: on the value of such examinations do not warrant such a requirement. The experience of New York City as reported by Dr. William H. Best (1e Routine Examination and Ceitification of Food Handlers Worth While, Ameri- can Journal of Public Health, 27, 1003- 6, Oct. 1937) indicated that the pro- cedure of having such examinations made by private physicians was un- satisfactory and that the cost of medi- cal examinations made by the health department was not commensurate with the public-health benefits obtain- ed. Accordingly, not even initial health examinations — to be made before or at the time of employment — are re- quired by this ordinance, which is recommended for general adoption. For further discussion of this subject, see Fuchs, A. W., The U. S. Public Health, Service Restaurant Sanitation Pru - gram, American Journal of Puolle Health, 32, 848-52 (Aug. 1942); Journal of Milk Technology, 4 305-10 INov.- Dec. 1941). However, communities which consider it desirable to include such a requirement In the ordinance as adopted locally may do so A their official facilities for making the ex- aminations are adequate. SECTION 10. PROCEDURE WHEN INFECTION SUSPECTED When suspicion arises as to the possibility of transmission of infection from any restaurant employee the health officer is authorized to require any or all of the following measures: (1) the immediate exclusion of the employee from all restaurants; (2) the immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the health officer; (3) adequate medical examinations of the employee and of his associates, with such labo- ratory examinations as may be in- dicated. SECTION 11. ENFORCEMENT INTERPRETATION This ordinance Shull be enforced by the health officer in accordance with the Interpretations thereof contained in the 1943 edition of the U. S. Public Health Service Code Regulating Eat- ing and Drinking Establishments, a certified copy of which shall be on file at the City Clerk's office. SECTION 12. PENALTIES Any person who shall violate any Provision of this ordinance shall be fined not more than $100.00 and in default of payment thereof by im- prisonment not to exceed 30 days. Each and every violation of the pro- visions of this ordinance shall con- stitute a separate offense. SECTION 13. REPEAL AND DATE All ordinances es EFFECT dECT ordi- nances in conflict with t his ordinance are hereby repealed, and this orrli- nance shall be in full force and eil'ect immediately upon its adoption and its publication as provided by law. SECTION 14. UNCONSTITUTIONAL. ShouldanITY CL USE tence, clause, or phrase arae this' o di- nance be declared unconstitutional or in for any reason, the remainder Of said thereby, ordinance shall not be affected Passed upon first reading this 5th day of July, 1949. Passed, adopted and approved upon final reading this 13th day of July 1949. ALBERT WHARTON. Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU ATTEST: J. J. SHEA.cilmen City Clerk. Published officially in The Tele- graph -Herald newspaper this 22nd day of July, 1949. J. J. SHEA, it. July 22. City Clerk. Councilman Welu moved the ad- option of the ordinance. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. July 13, 1949 Ilon. Mayor and Members of City Council, City Hall, Dubuque, Iowa Gentlemen:— Enclosed entlemen:— Enclosed you will find a copy of the proceedings of the meeting of the three taxing bodies which was held on July 11th. Yours truly, Harry J. Hanover Meeting July 11, 1949 In accordance with Section 405.13 and Section 405.18 and a notice to the members of the Board of Direc- tors of the Independent School Dis- trict of Dubuque, the Board of Su- pervisors of Dubuque County and the members of the City Council of the City of Dubuque, Iowa, a meeting was held at the City Hall 13th & Central Ave., Dubuque, Iowa, at the hour of 7:30 P.M. Albert Wharton, Mayor, of the City of Dubuque presided. Present: Messrs. Albert Whar- ton, Frank Van Duelman, Frank W. Thompson. R. N. Russo and C. P. Welu, members of Dubuque City Council. Messrs. T. W. Landschulz, Frank Fluckiger, Leo T. Gregory, Frank T. Hardie, 'members of the City of Dubuque Board of Educa- tion. Messrs. Joe Baule, Clarence Hammerand and Hubert Donovan members of the Dubuque County Board of Supervisors. Special Session, July 18th, 1949 339 Appointment of member of Board of Review. The following applications were filed: Robert J. Lundin, Thomas J. Hill and Wm. V. Toepel. Nomin- ations were in order and the Board of Education nominated Wm. V. Toepel, the City Council nominated Thomas J. Hill and the Board of Supervisors nominated Robert Lun- din. No one having received two of the three votes necessary for the nomination, therefore, no one was nominated. On the second ballot Wm. V. Toepel received two votes and Thomas J. Hill one vote, there- fore Wm. V. Toepel received the nomination, getting the required two thirds vote. Upon motion of T. W. Landschulz and seconded by Joe Baule, Wm. V. Toepel was appointed to serve on the Board of Review for a four year term commencing in 1950 and through the year 1953, All present voting yes. The matter of the budget of the Board of Review was taken up, and a motion was made by Joe Baule that the Board of Review be paid $12.00 per day each for twenty six working days, said motion was sec. onded by T. W. Landschulz. All present voted yes. A motion by Frank A. Fluckiger that the salaries of three deputy assessors, Clem Manemann, John McQuillan and Carl A. Clark .be raised from $4000.00 per year to $4120.00 per year, was seconded by Frank W. Thompson. The motion carried unanimously. Upon motion by Joe Baule and seconded by Frank Van Duelman, the salary of H. J. Hanover, City Assessor, remains at $6000.00 for the coming year. All voting unani- mously in favor of the motion. The following revised budget of the City Assessor for the year 1950 was read by Mayor Albert Wharton, and upon motion of Frank Flucki- ger and second by C. P. Welu, the same was approved. All voting yes. Administrative Assessor..............................................................................$ 6,000.00 Three Deputies ........ $4,120.00 each .................................. 12,360.00 OneDeputy ......................... ..,............................................ 3,800.00 $22,160.00 Office Personnel One Clerk and Stenographer ........................................ 2,700.00 2,700.00 Office Expense Office Supplies......................... ......................................... 350.00 Telephone and Tolls ........................................................ 25.00 Postage100.00 ................................................................................ Auto Mileage...... .............................................................. 100.00 Miscellaneous.................................................................... 500.00 1,075.00 Office Equipment 500.00 500.00 Fxamining Board 150.00 ............................................................. 150.00 Board of Review Five Membera1,560.00 .................................................................... Mileage for Inspection.................................................... 100.00 1,660.00 Assessment Appeals Expense Fund ............................ 1,000.00 1,000.00 Old Age Survivorship Insurance System Tax .... 497.20 497.20 Total $29,742.20 0 340 Special Session, July 18th, 194() There being no further business, upon motion of Frank Van Duel - man and second by C. P. Welu, the meeting adjourned. Harry J. Hanover, Secretary Councilman Thompson moved that the communication and min- utes of the meeting be received and made a matter of record. Sec- onded by Councilman Welu. Carried by the following vote: Yeas— Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. July 12, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith is submitted Profile No. 1335 showing the proposed grade on Balks Street from the north property line of Strauss St. to the south property line of Grove - land Place. I recommend that the proposed grade be approved as shown on the profile and an ordinance be passed establishing such grade. Respectfully submitted, R. J. Gallagher, City Engineer. Councilman Thompson moved that the recommendation of City Engineer Gallagher be approved. Seconded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. ORDINANCE NO. 28-49 An Ordinance establishing a grade on Balks Street from the north property line of Strauss St. to the south property line of Grove. land Place, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the urdinance. Seconded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. Councilman Thompson moved that the rules be suspended re. quiring an ordinance to .be read on three separate days. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Council. men Russo, Thompson, Van Duel - man, Welu. Nays — None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Van Duelman. Car. ried by the following vote: Yeas — Mayor Wharton, Council. men Russo, Thompson, Van Duel• man, Welu. Nays — None. ORDINANCE NO. 29--49 An Ordinance designating the intersection at Main and First Street as a stop intersection, pro- viding for the erection of stop signs, and a penalty for the viola- tion thereof, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Tbompson, Van Duel - man, Welu. Nays — None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. Councilman Thompson moved that the ordinance .be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. Special Session, July 18th, 1949 341 July 5, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your con- sideration is plat of Brockman Sub located on English Lane. This plat was approved by the Planning and Zoning Commission July 1, 1949. Respectfully submitted, R. V. McKay, Secretary Planning & Zoning Commission Councilman Thompson moved that the communication of the Planning and Zoning Commission be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. RESOLUTION NO. 182-49 Whereas, a plat has been filed showing the subdivision of lot 2 Of 2 of Mineral Lot 34, lot 2 of 2 of 1 of 1 of Mineral Lot 34, lot 1 of 1 of 1 of 2 of 1 of 1 of Mineral Lot 34, Lot 2 of 1 of I of 2 of I of 1 of Mineral Lot 34, lot 2 of 1 of 2 of 1 of 1 of Mineral Lot 34, Lot 2 of 1 of 2 of 1 of 1 of Mineral Lot 33, Lot 1 of 1 of 1 of 2 of 1 of 1 of Mineral Lot 33, lot 2 of 1 of 1 of 2 of 1 of 1 of Mineral Lot 33, lot 2 of 2 of 1 of 1 of Mineral Lot 33, lot 2 of 1 of 1 of 1 of Mineral Lot 33, lot 1 of 1 of 1 of 1 of Mineral Lot 33, lot 1 of 1 of 1 of Mineral Lot 34, lot 1 of 2 of Mineral Lot 34 in the City of Dubuque, Iowa into Brockman sub and also in- cluded is a proposed widening of English Lane along the Eng- lish Lane frontage of the sub- division, and Whereas said plat has been duly examined, investigated and approv- ed by the Planning and Zoning Commission of the City of Dubuque, and Whereas the owners of the real estate involved have dedicated said portion for widening to the Public; and Whereas the City Council has ex- amined said plat and has been fully advised in the matter, finds that said plat conforms to the City or- dinances relating thereto and that Brockman Sub and the widening of English Lane as shown shall be ac- cepted and confirmed and that the said plat should ,be approved. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: That the Brockman Subdivision and the widening of English Lane as shown upon said plat be and the same is hereby accepted for the purpose for which it is thus dedicat- ed and the Mayor and Clerk are hereby directed to endorse the ap- proval of the City of Dubuque upon said plat. Passed, adopted and approved this 18th day of July, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Councilman Russo moved the a- doption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. July 14, 1949 Honorable Mayor and the City Council, Dubuque, Iowa Gentlemen: At a session of the City Council of the City of Dubuque, Iowa, held June 30, 1949 the following mo- tions were adopted. That the petition of Mr. and Mrs. Charles J. Scharff and others re- questing that Bluff Street between 3rd and 4th Streets be placed on a two hour parking ,basis, be re- ferred to the Chief of Police for in- vestigation and report and to em- body in the investgiation and re- port the territory between 1st to 3rd Streets on Bluff. That the petition of the Dubuque Safety Council requesting the mov- 342 Special Session, July 18th, 1949 ing of the West Dubuque Bus Stop, west bound be moved to the North side of Eighth Avenue just West of Main Street from its present lo- cation on the North side of Eighth Avenue just East of Main Street. That the petition of the Thrifty Food Market and others, request- ing that two hour parking restric- tions be placed on White Street from East 10th to East 12th Street with the exceptions of Sundays and Holidays, be referred to the Chief of Police for investigation and re- port. In the case of the petition of Mr. and Mrs. Charles J. Scharff I find that there are ten residences on the East side of Bluff Street be- tween 3rd and 4th Streets. Some of these buildings house a number of roomers, however there were 17 signers to the petition living on the East side of Bluff Street. On the West side of Bluff Street there are 9 residences, also some used for roomers, signed by 14 petition- ers. There is an alley in the rear of the buildings o:r the East side of Bluff Street, however in the al- ley there mostly garages solid in the rear making alley deliveries most impractical and in some in- stances impossible. I find that there are approximately 23 parking spaces available. Five cars used spaces all day, five spaces were used at least 5 hours, six spaces were used 3 to 4 hours, three were used about Lwo hours. In general the block was parked solid full for the most part all day. In the area on Bluff between 2nd and 3rd Streets approximately 21 spaces are available for parking. Three were used all day, six were used over 5 hours, six were used 5 hours, six were used 4 hours, five were used about 3 hours. Up to the noon hour this block was in general completely filled by parked cars for long periods of time. Alley conditions on the East side are a. bout the same as in the preceeding block. In the area between 1st and 2nd Street, 19 spaces were available, with 7 spaces .being used at the maximum time. I find that the vehicles being parked in these areas -are used for the most part for the convenience of the individual for transportation to and from work, with about a third of the space being used for day and night parking purposes, and not to any great extent by the people living in these residences. It is my recommendation that the area on Bluff Street between 1st Street to 4th Street be restrict- ed to two hour parking between the hours of 9:00 A. M. to 6:00 P.M. Sundays and Holidays excepted. In the case of the petition of the Dubuque Safety Council regarding the removal of the Bus Stop, it is my recommendation that the West bound Bus Stop be moved from its present location on the North side of Eighth Avenue just East of Main to the North side of Eighth Avenue just West of Main Street, and that parking meters be placed in the vacated bus stop. In the case of the petition of the Thrifty Food Market and others I find that the area between East 10th Street and East 12th Street on White Street is being used throught the day .by long time Parkers, to the exclusion of any one who might have a use for curb parking. This parking too is being done by persons who are employed and use their cars for the purpose of personal transportation. It is my recommendation the parking be restricted to two hours on White Street from East 10th Street to East 12th Street, from 9:00 A. M. to 6:00 P. M., Sundays and Holidays excepted. Respectfully yours, Jos. H. Strub, Chief of Police Councilman Thompson moved that the recommendation of Chief Of Police Strub be approved and the proper proceedings ordered pre- pared. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. Special Session, July r8th, 1949 343 July 14, 1949 Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In response to many complaints by residents in the area on Locust Street between West 12th and Lor - as Boulevard, relative to long time parkers rendering unavailability to their properties, I have made an investigation of this area and here- with report my findings and re- commendation. This area is just outside of the present restricted area, and as a result thereof the parking spaces are .being used exclusively by all day and all night parking to the complete exclusion of the occu- pants or owners of the property contiguous to this area. Chief complaints are about de- liveries being made to these resi- dences, which are more numerous than, is the ordinary, due to the fact that much of this property is used for tourist rooms and regular roomers. Locust Street is at pres- ent used by four highways; Nos. 3, 61, 151 and 52. The condition in general apart from denying the owners and occupants access to their homes and properties, be- cause of unrestricted parking is conducive to double parking by per - Sons making deliveries, which makes for a very hazardous con- dition on a street used by our main highways leading through the city. Restricted parking in this area would releave the congestion. It is my recommendation that parking be restricted to two hour parking on Locust Street from West 12th Street to Loras Boule- vard, between the hours of 9:00 A. M. and 6:00 P. M. Sundays and Holidays excepted. Respectfully yours, Jos. H. Strub, Chief of Police Councilman Welu moved that the recommendation of Chief of Police Strub be approved and the proper proceedings ordered pre- pared. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel. man, Welu. Nays — None. Inly 15, l!)49Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim Flora Harkett, submitted to me for in- vestigation and report, on May 7, 1949, claimant, while walking on the sidewalk on the west side of Hill Street between Caledonia Place and West Fifth Street, trip- ped on the cement where one block of cement was raised about an inch and a half higher all the way across, falling to the sidewalk at which time she sustained a fractured wrist, bump on liar fore- head, black eyes and nervous shock requiring her to go to the hospital and remain in the hospital until June 23, 1949. I went to the place of the accident and observed the condition and find that the con- dition is as she claims. This side. walk is in a prominent place and should be taken care of. Miss Har, kett has agreed to settle for her actual expenses which are hospital bill—$304.85, doctor bill — $65.00, and city ambulance—$4.00 — total $373.85. I recommend that her claim be allowed in the sum of $373.85, that a warrant .be issued payable to her order and delivered to her upon delivery to the City of a release properly executed by her. Yours truly, John J. Kintzinger City Solicitor Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $373.85 in favor of Flora Harkett, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded b an Welu. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. 344 Special Session, July 18th, 1949 July 16, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of July 5, 1949 the petition of Louis Germain and other residents of South Locust Street asking the City Council to close the Gem Roller Rink at 10 P. M., to have an officer stationed there when the Rink is open, to rid the area of signs and billboards that might endanger the lives of children, was referred to the City Manager and Chief of Police to confer with the management of the roller rink and to discuss the petir tions and objections filed with the Council. We have met with the owners and operators of the Gem Roller Rink and Gem Drive -In Restaurant. A very full and complete discus- sion was had on all matters pertin- ent to the complaints raised to the City Council. The owners of the enterprise indicated their willing. ness to comply with any and all reasonable suggestions and meth- ods for proper operation and to min- imize the reason of any legitimate complaints. They have further a- greed to have a special officer on duty one hour later than formerly, to install additional lighting on the east and southerly side of their building, to attempt to quiet all loud and unseemly conduct at the closing of the skating periods, and to cooperate fully with the Police Department. It is our feeling that in view of the above, the conditions com- plained of are being remedied. Respectfully submitted, A. A. Rhomberg City Manager. Jos. H. Strub, Chief of Police Councilman Thompson moved that the communication of City Manager Rhomberg and Chief of Police Strub be receival and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel. man, Welu. Nays — None. July 16, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The contract for tha collection and disposal of garbage and dead animals made by Thomas J. Ryder and Margaret McGloughlin with the city will expire on October 2, 1949. In order to provide for the orderly continuity of this vital municipal function it is necessary that it .be determined whether bidders will submit proposals on a reasonable basis. If a --ontract cannot be entered into for a rea- sonable amount, the only alterna- tive for the municipality is to provide for garbage collection and disposal with its own forces. I recommend that the City Coun- cil cause the advertising for bids for the collection and disposal of garbage and dead animals and that sealed bids be received until August 1, 1949. An appropriate notice for the receipt of such bids is hereto attached. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. July 9, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The 6" sanitary sewer in Davis Avenue from Windsor Avenue east- erly a distance of 333 feet has been completed in accordance with the provisions of Resolution No. 141-49. The work has been inspect- ed and found to be in conformity with the plans and specifications. I therefore recommend that it be accepted by the City Council. Respectfully submitted, A. A. Rhomberg City Manager. Special Session, July 18th, 1949 345 Councilman Welu moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. Dubuque, Iowa, July 9, 1949. City Clerk Dubuque, Iowa Dear Sir: Am attaching our statement for work performed on Davis Ave. This work has been completed as per City Engineer's plans a n d specifications for the construction of six inch sanitary sewer i n Davis Ave. from Windsor Ave. three hundred and eighty three ft. easterly. Total contract price $1,- 287.50. Larson Construction Co. Oliver Larson. Subscribed and sworn to before me this 9th day of July, 1949. Geraldine L. Jenni Notary Public in and for Dubuque County, Iowa. Councilman Welu moved that the communication be received and made a matter of record, and the statement placed on file. Seconded .by Councilman Thompson. Carried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. July 18, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of June 1949, also list of claims and list of pay- rolls for which warrants were issu- ed for the month of June, 1949. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Welu moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelmari, Welu. Nays — None. 346 Special Session, July 18th, 1949 BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE- The City C. uncll of Dubuque ef,DubuclueC; ,mty, L 19 meet August 1, 4;;, at 7:30 p, m., at the City Hall, Dubuqu.:wa, will . Taxpayers will be heard for or against the following estimate of expendl- trues for the year beginning April 1, 1950. A detailed statement of receipts and disb»rsements, both past and anticipated, will be available at the heat It July 20 J. J. _SHEA. Year roomti" 1* 5 � c�5o �wExFaoern a 6o n x. ox�0� ,60 c oMo FUNDS b " w b _M.Aa vam °w . voH°� wW mm°a enk En :0 a to n w W 00 a i 1 General ......................$ Grading................... 90to 402,458 $ 23,959 390,714 $ 34,088 370,372 � Improvement .......... Snow Removal ...... 17.083 9,323 35,000 12,000 ....., City Bridge .............. Sewer 2,412 23,021 139 14,400 29,500 ....................•... Main Sewer ............ Garbage Disposal.. 105,570 33,178 39,696 20,124 301000 22,376 Light ...................... 44,108 36,844 43,383 37,359 60,800 40,500 *Total Consolt- dated ,.........$ Water Works ..........$ Fire Maintenance., 661,612 $ 291,488 $ 597,847 $ 292 144 $ 614,947 310,520 46,000 176 697 236,620 438,260 FireEquipment...... Library 166,326 25,608 182,497 31,678 200,205 46,034 30,000 7.808 .......,25(. 192,402 .................. Llbrary (Agri. 43,348 48,834 56,047 2,500 16,034 52,547 Land) ........... Parking Meter and..... 104 110 100 .............. 100 Lots .................... Park ....................... Dock 19,798 25,533 36179 36,548 176,500 46,056 116,500 2,500 60.000 •••.... Dock Bond ........•.... Playground Im_ 27,805 5,200 27,970 2,000 33,73b 4,867 800 7,490 42,766 21,378 provement ........ Swimming pool ...... Firemen's Pension 23,'r06 24,665 26,203 "" "' "' 32,067 Firemen's Retire- 80,519 35,593 50,004 .... .. 4.825 450 21,378 49,554 Ment .............. Policemen's Pen- 931 400 15,017 •••••......... 1,463 13,554 Bion .................... Policemen's Re- 19,138 18,786 30,030 ••........... 400 29,630 tirement2,346 Employee's Retire- 2,767 11,008 876 10,138 ment .................. Emergency Assessment .............. ••� 28,644 3,049 28,142 11,972 .............. .............. 11,972 Liquor Sales ... General Bonds-- " ...a 44,643 10.156 56,484 10,604 66,00010,604 .............. " .......... "" " Airport Levies .a Street Const. 6E,754 30 081 50,640 152,074 76,272 48,756 10,000 00 ..86,000 66,272 .272 (Gas Tax) ...... 6,000 42,756 ................. Road (Agri. Land) 84,214 114 82,646 118,000 111 60,000 88,000 .............. Totals 100 Eatlmated ta........... Per'972 $1,720,210 $1,979,177 $ 288,867 $ Taxable valuat{or� $ 000.00 of assessed 100 638,823 $1,051,487 bfoneys and creditst(1948,'6'nijjg value $24,688. ....., 871 871 6644 $12829, L mill $584,062 ..................$399 ...................... ,,8 Special Session, July 18th, 1949 347 RESOLUTION NO. 183-49 Whereas, The Council of the City of Dubuque has duly consider- ed and caused to be prepared the budget estimate of expenditures for the fiscal year beginning on April 1, 1950 and ending March 31, 1951, as a basis for the tax levy for the year 1949, the same to .be collected the year 1950 and said budget having been duly ap- proved by it: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that said budget estimate be and the same is hereby ordered filed in the office of the Clerk of Dubuque and the date of public hearing theron is hereby fixed as the 1st day of August, 1949 at 7:30 o'clock p.m. in the Council Chamber in the City Hall. Be It Further Resolved, That said Clerk be and he is hereby directed to cause said budget esti- mate of expenditures and proposed tax levy to be published in the official newspaper of the City of Dubuque and an official notice to be given of the time and place, when and where said budget esti- mate will be considered by said Council for final adoption, at which time and place taxpayers will be heard for and against said estimate, said publication to be not less than ten (10) days be- fore said date of hearing. Be It Further Resolved, That in lieu of all the separate annual levies for the General Fund, the Grading Fund, the Improvement Fund, the Sewer Fund, the Elec- tric Light or Power Fund, the Snow Removal Fund, the Garbage Disposal Fund, the City Bridge Fund, and the Main Sewer Fund, there shall .be levied one (1) tax which shall be designed as the "Consolidated Fund." Passed, adopted and approved this 18th day of July, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. July 15, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with the provision of law, as City Manager, I have prepared an annual budget for the fiscal year beginning April 1, 1950 and ending March 31, 1951 based upon the estimated income and expenses of the various depart- ments of the City of Dubuque. These departmental estimates show the appropriations for each function for the preceding year (1949-50) and also the amount for the ensuing year (1950-51). The proposed budget calls for a millage rate of 24.588 mills. In the corresponding tax proceedings of July last year the millage rate was set at 25.984 mills. It is to be noted that no levy for an Emer- gency Tax is proposed this year. The estimated taxable valuation of $42,756,094 is $2,884,430 greater than that of the current year. This results in a $53,262.00 greater tax return at a lesser millage. The budget has been filed with the City Clerk and will .be publish- ed as required by law in order that a public hearing may be had before final action is taken by the, Council. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the communication of City Manager Rhomberg be received and made a matter of record. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays — None. A- 348 Special Session, July 18th, 1949 OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MANAGER OF THE CITY OF DUBUQUE, IOWA, FOR THS FISCAL YEAR 1950-1951. Notice is hereby given that the City Manager of the City of Dubuque has prepared a budget on the basis of estimates of the exi)enses of the various de- partment of said CIty for the fiscal year beginning April 1, 1950, and ending March 31, 1951. Such de- partmental estimates show expenses of each depart- ment for the preceding year, and the purpose for which the consolidated lax levy, authorized in Section 401.1.1 of the Code of Iowa, 1946, as amended, Is to be used, and in addition thereto, the purpose for which all other tax levies are to be used, Including the revenues from miscellaneous sources. The levy of a eonsolidat,�d tax has heretofore been determined by said Council ai,d incorporated in a resolution for such purpose. The budget will be considered for final adoption by the City Council at a special meeting to be held in the Council Chamber at the City Hall on the 1st day of August, 1949, at 7:30 o'clock P.M. Any interested party objecting thereto or protesting to the same, or to any Item thereof or any omission therefrom, shall present his objections to said Council on or before that date. This notice is given pursuant to the direction of the Code of Iowa. J.J. SHEA, It July 20 City Clerk ANALYSIS OF TAX LEVIES TO BE MADE IN AUGUST, 1949, FOR THE FISCAL YEAR 1950-51 ESTIMATED ASSESSED VALUATION -541,750.094 SOURCES OF REVENUE FOR 1950-51 FISCAL OPERATION A.—From Taxes Funds— Consolidated Levy in Mls Tax ....... . ............... ................ .... ....... ....... ........ Fire Maintenance ........_........._. __............ Fire Equipment ....... _10,250 4.500 $438,250.00 192,402.00 ............_.............._....._._.._............ Library 0.375 1(4,034.00 ...... ,...._..._..........._.._.......... _.... ....-._.._.._................. Park 1,229 62,547.00 ....___.__...__......._ .................._-. Playground and Swimming Poo] 1.000 •12,756.00 __ Playground Improvement �� Fire """ ""'---".. ... 0.500 •• 21.378.00 42,067.60 Pension _ Fire Retirement " `•"' """""" .•••. l.lb9 1.159 43,bb4.�t0 _..._......_._....._......._....._....... ........ Police Pension 0.317 .3, 554.30 ......_...... _._............ _. __....... .. " Police Retir. _ 0.693 `19,630.00 _ Employees Retirement ............... Dock -......._........ '_'. 0.237 0.280 10,133.00 11, 972.00 .............................._.._...._._......_......_.............._.... General Bonds 0.500 21,378.00 ... ........ ..... _.........._.._. ..... Airport ... ....._....... 1.650 66,272.00 City Asses_s.m..._e._n_t.__.....__.._....__. •••�••��'••����`•�"•' 1.0 00 42.756.00 ......._............. 0.248 i0,604.00 Road Tax on Agricultural Lands (Consoli_$1,051,287.u0 datedFund) ._. ... ...... .....__ ...................y.._......._.. Library Tax on Agricultural Lands Fund) _..... (Libra y 100.00 _. ....... _...... ._......... .._........ .... ....... ......... _..... ... _.._..-_ 100.00 B.—From Miscellaneous Sources $1,051,487.00 General 111scel. Business Licenses Revenues Dog Licenses .Building ts ......_ 500.00 Plumbig Permits ....... ••---•••--•-. 3,560.00 Electrical Permits ............. .......__•"••"' 2,750.00 Police Court F' ..... _..... _................. ........... Fines and Costs Beer .............._. 2750.00 Permits .................... ••••••••••••••��••-••••••- 30,000.1;0 Cigarette Permits ......................_......_.......... .......- 35.00.00 ....... .........._...... .... ...... .............. Street and Street Garage Receipts ......................._. Dieting ... ........... ... . 25,000.00 Prisoners _.........._ Miscellaneous Rents " "' "' --••• • ..................... 3,300.00 600.00 Miscellaneous Sales" _._..... ......_._._._ .._. 755.0 Ambulance Receipts .. ........................... _......... ...... ... ........... ................ 250.00 Health Dept. Receipts _..'.•_.....-_..............._...............__ Bicycle .......................... 4,500.00 Registration ... ....... ............................... Sale of Real Property700.00 ........ .................. 500.00 State Highway Maintenance ............... ..............._.... 1, 001 . U 0 ............................. _......... ._.. 2,295.00 Total...................._................._. _ $117,500.00 Special Session, July 18th, 1949 349 AIRPORT FUND Airport Returns . ......... .............._................._......_....... $6,000.00 FIRE MAINTENANCE FUND Outside Fire Protection ........ ............ ....... ...... ........ ........._$ 1,000.09 FIRE EQUIPMENT FUND Estimated Unencumbered Balance April 1, 1950$ 30,000.00 LIBRARY FUND Book Rentals and Fines ..... ... ...................... ........ .... ............. ..... .$ 2,500 60 PARKING LOT FUND Estimated Unencumbered Balance April 1, 1950 $ 16,500.00 PARKING METER FUND Estimated Unencumbered Balance April 1, 1950 $100,000.00 MeterCollections ...... . .................. _............ _..... _,....... ...... ..... _...... 60,000.00 Total_.._._ ........... _............... _....... _....... _....... ............. .......... .............. _.$100,009.00 PARK FUND Estimated Unencumbered Balance April 1, 1950$ 2,500.60 Concessions._.... ................ ........................... _................ ........................... 5011.00 Miscellaneous Collections.......................................................-_. 300.00 Total. . .... ............... .................... ..... _ _.............. ........ ..__ $ 3.300.00 PLAYGROUNDS AND SWIMMING POOL Swimming Pool Receipts _ .. __....._.$ ;4500.00 Skating Receipts .............. .............................__...___............... 250.00 Miscellaneous Receipts ....................... ............... ..... _................. 75.00 Total... ............... .............. .-_......... ...... ................ ....... .... _............. ..... $ 4,825.10 POLICE PENSION FUND 1% Salary Deduction from Members ...... .......... ...... _..... $ 400.00 POLICE RETIREMENT FUND Income from Bond Interest ................ _... ................................ ....$ 875 00 FIRE PENSION FUND 1% Salary Deluction from Members .... __....._...$ 400.00 FIRE RETIREMENT FUND Income from Bond Interest ... .................. ...... _.......................... $ 1,41,2.50 DOCK FUND Estimated Unencumbered Balance April 1, 1950 $ 1,867.00 Oil Terminal Lease .................. .............. ............ ...._ ....................... 2,200.Uu VirginialCarolina Lease ........................ _......................_.......... 2,100.00 Dock House Lease ...._ ... .......... ................................._..................._ 1,890.00 Harbor.Lease ....... ............ _.............. ._....... ....... ......... _..... .......... _ 300.('-0 Wharfage Fees .. .... .... ........ __.._.................... ..................._....... 1,000.4)0 $ 12.357.00 BONDED DEBT FUND Estimated Unencumbered Balance April 1, 1950 $ 10,000.00 STREET CONSTRUCTION FUND Estimated Unencumbered Balance April 1, 1950 $ 50,000.00 Receipts from Gas Tax .... .......................... ....__ ..._.........._..... 04,000.09 Total__...._ ... ........ .............. ........................................................................$114,000.00 LIQUOR SALES FUND $ 66,000.10 Estimated City Share ......... ............... _........ . Total Estimated Misc. Revenues and Un- encumbered Bal. . ............_ ......................... Total Estimated Receipts from Taxes ................. 1,051,487.00 TOTAL ESTIMATED CITY REVENUE _.......... $1,602,656.50 WATER WORKS DIVISION (Self -Supporting) Estimated Unencumbered Balance April 1, 1950 $275,000.00 Estimated Water Itevenue..........................._.._............_.. 3,520.(0 -- Total........... .. ......... ...... .... ._......................... .$'510,520.00 ESTIMATED GRAND TOTAL CITY AND �1317fi.G0 WATER WORKS DIVISION REVENUES $1„ DETAILED DISTRIBUTION OF PROPOSED EX- PENDITURES FOR FISCAL YEAR 1950-51 GROUP I—GENERAL ADMINISTRATION (Consolidated Fund) Item 101—City Council Proposed 1949-50 Ap- 1959-E1 AP propriations prupr1,5p0-Op A. Salaries _.......... ............... .._ ...................._ 175.0 $ 1.500.0 00 $ 170.00 B. Travel..........................................._................. 25 Of, J. Miscellaneous 25.00 Total ...._......................................... $ 1,700.00 $ 1,700.011 350 Special Session, July 18th, 1949 Item 102 -City Manager's Office A. Salary City Manager ....__. ._._...*; 9,000.00 • *$ 9,000.00 A. Salary Secretary 3,270.96 3,270.9fi A. Salary Stenographer ........................ 2,314.62 2,314 62 B. Travel _.........._ ...................... ............ .......... 250.00 150.00 C. Office .................... ................ _ ..................... 125.00 125.00 D. Printing .................. _......... __... ..... ................. 75.00 75.00 F. Maintenance ......_...... ............... ........ .. 200.00 :200.00 G. Material and Supplies ._............... 325.00 325.00 Total __ ........... ....................... ..............._....-$ 15,560.58 $ 15,560.58 Item 103 -City Clerk's Office A. Salary City Clerk .._.............. _......... $ 3,991.68 $ ?•991.63 A. Salary Extra Help .................... ..... ._._ 150.00 150.90 G. Material and Supplies 75.00 75.00 Total ....... ....................... 4,216.68 $ 4,216.68 Item 104 -City Auditor's Office A. Salary City Auditor ... ... ............ .... _*$ 2,941.79 •$ 2,941.79 A. Salary Clerk ........ ....._.......... ... _.... _.._ 2,000.00 2,000.00 F. Maintenance ..... ........ ........ ......._..._._.. 50.00 5000 G. Material and Supplies 200.00 200.00 Total ._ ......... ._...... ............. .......................... _$ 5,191.79 S 5.191.119 Item 105 -City Treasurer's Office A. Salary City Treasurer.............__ .*$ 2,889.31 *$ 2,889.81 D. Printing and Advertising_...._ 25.00 25. Go F. Maintenance . .... ..................... .._... ..._... 25.00 '25.00 G. Material and Supplies .........__ 150.00 150.0.3 1. Surety Bond ........ ..... ............. ........ _.... 100.00 100.00 Total ......_......_ ...... _.......... .......... .. $ 3,189.81 ......._.. __; 3,189.81 *(Note: 25% of salaries of City Manager, City Auditor and Treasurer are paid by Water Dept.) Item 106 -City Solicitor's Office A. Salary City Solicitor (part times ._.._ ........ .............. ......... ........ ........$ 5,742.00 $ 5,742.00 B. Travel .......... ................ ................. _............_ 40.00 40.00 C. Office 40.00 40.00 G. Material and Supplies 55.00 85.00 Total ..... _... _........... ...... ......... ..............._$ 5,907.00 $ 5,907.00 Item 108 -City Assessing J. City's Share .............. 10,606.00 $ 10,604.00 ($10,604.00 paid from City Assessment Fund as provided by S.F. 46 Acts of 52 G.A.) Item 109 -Civil Engineer's Office A. Salary Engineer ._.........__._. A. Salary Assistant _-""""""$ 4,158.00 $ 4,158.+10 A. Salaries Rodmen """"" 3,465.00 3,465 00 C. Office - 5,820.00 4,820.00 ..-_...._ .............._._-_..._........._.__ 100.00 100.00 E. Equipment ..........._.... .. 200.00 200.00 F. Maintenance ""` """-•_..__. _. G. Material and Supplies 500.00 1,700.00 •. 500.00 500.09 Total .... ........ ......... ... __. $ 17,743.00 ......__................_. $ 15,943.00 Item 113 -City Elections A. Salaries Clerks etc . ......................... G. Material and Supplies $ 500.00 500.)0 J. Rents ---•--••--••. 400.00 $ 400.00 _......_......_............_.._......._... 50.00 ".00 Total ...... ....... __.... _...... ..$ 95000 ...............__. .$ 950.00 Item 114 -City Buildings A. Salaries Janitors ................ _. E. Equipment $ 4,725.00 $ 4,726.00 F. Maintenance and Repairs 11000.00 1,000.00 ppl1es G. Material and Su - 2,500.00 '2,500.00 H. Heat and Light1,000.00 1,000.00 _............_... - 1,800.00 1,800.'i0 Total_ ............................._......... .... _................... $ 11.025.00 S 17.025.00 Item 115 -police Court J. Miscellaneous ............. _.......... ............. .... r7i 0.00 100.00 Total.............._................................ ..............00.00 ; 200.00 SUBTOTALS GROUP I - GEN- $ o ERAL ADMINISTRATION .. $ 78,562.08 $ 79,760.06 $10,604.00) (Consolidated Fund -$69,15G.06; City Assessment Fund- Special Session, July 18th, 1949 3j1 GROUP 11 -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (Consolidated Fund) Total ..... _.... _._..._._...._............ _........... _...$142,081.G6 $164,153.72 (Consolidated Tax -$94,956.72; Liquor Sales Fund -$59,197.00) Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ................................$ Propused $ 4,296.60 A. 1949-50 Ap- 1950.51 An - A. Salary Chief of Police ...._,. hropriattuns $ 4,296.60 propriations $ 4,291.60 A. Salary Senior Captain ............._... 3,492.72 3,492.72 A. Salaries Captains (3) ....... _...... _ 6,431.04 9,546.56 A. Salaries Des Sergeants (3) __ 9,521.82 3,621.8; A. Salaries Detectives (4) ................ . 12,529.44 12,529.44 A. Salaries Motorcyclists (2) .. 6,098.40 6.098.40 A. Salaries Patrolmen (after 3 t9,501.02 19 501.02 yrs.) (27) .. ......... ........... ...... ._..... _.... 70,852.32 79,708,56 A. Salaries Patrolmen (before 3 7,567.56 7,56i.56 yrs.) (2) ...._......................... .............. 5,571.72 5,571.72 A. Salaries Patrolmen (during Office ....__.._._.............. ... _.......... _... _....... 650.00 650.0 1st yr.) (3) ....... .......... .... ...... .... . 7,567.56 7,567.56 A. Salaries Matrons (2) ...................... 5,045.04 5,045.04 A. Salaries Special Officers .._.._._ 100.00 100.00 B. Travel ..._._ ........... ... __................ _._... _....... 50.00 50.00 C. Office ............._........._._______.........._.__ 275.00 275.00 D. Printing ....._.....-... . ............................... __._ 150.00 150.00 E. Equipment ._._...__ ...... ........ ....._....... 3.500.00 3,500.JO F. Maintenance ............. ....._.._..._.._.__ 2,800.00 2,800.u0 H. Material and Supplies ........._.._ .... 2,00200 2,000.00 J-1 Feeding Prisoners ............... ....... __ 1,500.00 1,500.Ou J-2 Miscellaneous (injuries) .......... __ 300.00 300.00 Total ..... _.... _._..._._...._............ _........... _...$142,081.G6 $164,153.72 (Consolidated Tax -$94,956.72; Liquor Sales Fund -$59,197.00) Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ................................$ 4,296.60 $ 4,296.60 A. Salaries Senior Captains (2)... 6,985.44 6,985.44 A. Salaries Captains (5) .............. _.._... 16,077.60 16,077.60 A. Salaries Lieutenants (7) ....__... 21,344.40 21,344.40 A. Salaries Engineers (4) ................ 12,196.80 12,196.80 A. Salaries Firemen (after 3 yrs.) (33) ...... .... ....................... _... 97,421.94 97,421.94 A. Salaries Firemen (during 3 lrs.) (7) _...__. ...... ._...... .......... _....... t9,501.02 19 501.02 A. Salaries Firemen (during 1st yr.) (3) ...._............. ...................... _.. 7,567.56 7,56i.56 B. Travel ..... ................. _...... ......... ...... ................ _ 50.00 50.00 `C. Office ....__.._._.............. ... _.......... _... _....... 650.00 650.0 D. Printing .__..._...._......_.._..._ .... ......... ..... 35.00 35.00 F-1. Maintenance _....... . .......................... __ 3,750.00 3,750.00 F-2. Repairs to Buildings ..... .... ..... 3,000.00 3,000,00 G. Material and Supplies .._..___....._. 2,700.00 2,700.00 H. Heat and Light .... .......... ............... __. 3,000.00 3,000.00 I. Insurance ... _................ ....._......_.......... 400.00 40000 J-1. Miscellaneous (injuries) ............ 900.00 900.00 J-2. Interest on Warrants ........... __. 60.00 60.00 J-3. Reserve for Emergency ........... 268.64 268.64 Total _.... ... _... _.._.... ......... _........................ _$200,205.00 $200,205.00 (Fire Maintenance Tax -$192,402.00; Balance and Misc. Revenue -$1,000.00; Liquor Sates Fund - $6,803.00) Item 119B -Fire Equipment Fund E. Equipment _._...____....-_..___.........__....$ 55,434.00 $ 45,034.!'0 (Fire Equipment Tax -$16,034.00; Unencum- bered Balance -$30,000.00) Item 120 -Fire and Police Alarm (Consolidated Fund) A. Salary City Electricians _ .......... 2,966.04 $ 2,966.04 2,205.60 A. Salary Extra Help •...-....-•---- 2,205.00 100.00 100.00 C. TO. Office _...._ ........ _.._._._.............. ......_._......._ 150.00 150.00 Equipment _ W. 150.00 150.00 P. Maintenance - ---•••-...._•-W.• ••••-- 200.00 200.1'0 G. Material and Supplies _..•_.-.••-•- 100.00 �UO.UO E. Heat, Light and Power ............ Total ________..__ ....... _............. __................... $ 5,871.04 $ 5,S71.04 Item 121 - Building Commissioner's Office (Con- solidated Fund) C,1111nis ionet $ 3,780 $ 3,780.00 A. Salary Building 25.00 C. Office _.......... 25.00 150.00 F. Maintenance ... ... ... .... ...... _..................... 100.00 100.00 G. Material and Supplies ...._..........-. 4,055.00 $ 4,055.00 352 Special Session, July 18th, T940 Item 122 -Plumbing Inspector's Office (Consolidated Item 124 -Dog Pound (Consolidated Fund) Fund) I. Enforcement Dog Ordinance ...$ 900.00 $ 900.00 A. Salary Plumbing Ispector............ $ 3,492.72 $ 3,492..72 C. Office ....._ . ..................... ..... .............. _......... _ 25.00 25.00 D. Printing .. .... ................... ........._................. 15.00 15.00 G. Material and Supplies ........ ............ 50.00 50.00 J. Plumbing Board ..................... ............. 180.00 180.00 $ 2,666.40 Total .......... .... ....... _... ................ .... ......... ... ... $ 3,762.72 $ 3.762.72 Item 1[6-tlectrical Inspeotor's uTTICe (l.onsoll- 10,503.87 dated Fund) 1,829.52 B. Travel _.......__............................................... 50.00 A. Salary Electrical Inspector ....$ 3,492.72 $ 3,492.72 C. Office .. .................................. _..... ......... .......... __. 25.00 25.00 D. Printing ....................................... _.... ........ ...... _ 15.00 15.00 F. Maintenance ... .................. ._..._ ........ 175.00 175.00 G. Material and Supplies ............... _._. 100.00 100.00 Total ...... ._....... _...... .... ....... _........................_. $ 3,807.72 $ 3,807.72 Item 124 -Dog Pound (Consolidated Fund) I. Enforcement Dog Ordinance ...$ 900.00 $ 900.00 SUBTOTALS GROUP 1I, PRO- TECTION OF LIFE AND PROPERTY ...............................................$416,117.14 $419,789.0 GROUP III -HEALTH AND SANITATION (Consolidated Fund) Proposed 1949-50 Ap- 1950-51 Ap- propriations props rations Item 125 -Health Department A. Salary Director (part time) .....$ 2,666.40 $ 2,666.40 A. Salary Sanitary Inspector ......_ 2,439.363 2.439.36 A. Salary Clerk and Registrar...... 2,259.18 2,259.18 A. Salary Restaurant Inspector... 2.016.00 2,016.00 A. Salaries Nurses (4) ....... _..... ........... 10,803.87 10,503.87 A. Extra Help .................. ........ ............... - 1,829.52 1,829.52 B. Travel _.......__............................................... 50.00 50.00 C. Office ..... .......................... _......... _............... _.... 150.00 150.00 D. Printing ........ ............. .... _... ........ ........ ..._ 50.00 50.00 E. Equipment ...... ................ _ ...................... 50.00 50.00 F. Maintenance ... .......... ...................... _......... 900.00 900.)0 G.Material and Supplies ........................- 900.00 900.00 J-1. Laboratory Expense ................. 400.00 400.00 Total ...... ._......................... ..........................$ 24.514.33 $ 24,514.33 Item 126 -Control of Contagious Diseases J. Control of Contagious Dis- eases ...... . ............. .... ..... .......... ...... .... ...$ 1,200.00 $ 1,200.0 Item 127 -Sewer Maintenance A. Wages .......................... ..... _......... ..................$ 18,375.00 E. Equipment $ 18,375.00 ................ _..._. ......... 700.00 F. Maintenance _....__. •-�• •-••••...••_... ...... _.... 1,200.00 G. Material and Supplies 700.00 1,2013.00 _.... ........... _ 600.00 H. Power for Sewer Pumps _......... 1,500.00 600.00 1,500.00 Total. ... ..._......_.................................. Item 128 -Garbage Disposal $ 22,375.00 --- $ 22,375.00 J. Contract for Garbage Collec- tion and Disposal ...._ ...........$ 24,000.00 Item 129 -Milk Inspection $ 36,000.0() A. Salary Milk Inspector ..... ._......... $ 3,381.84 E. Equipment $ .1,381.84 ....__...._......... 160.00 G. Material and Supplies 160.00 .__........... 100.06 100.06 Total SUBTOTALS _......._...._._..._......._.._......._.................._.$ 3,641.84 GROUP $ 3.641.84 III - HEALTH AND SANITA- .Am . TION _..... _......................... ......................$ 75,731.17 $ 87,731.17 GRGOUP IV -HIGHWAYS AND STREETS 1949-50 Ap- Proposed 1950-51 Ap Item 131 -Highways Administratiproriations prop Fund) on t(Consolida A. Salary Timekeeper ............ A. Maintenance $ 3,492.72 $ 3,492.72 100.00 G. Material and Supplies 100.00 ....._11, _......... . 150.00 160.00 Total ............. _.._... _............ _.._.......... . .. Item 132 -Street Repairingn ''$ 3,742.72 A• and Grading $ 3,742.7'L Wages Laborers I., Equipment ..................._.........$ 28,875.00 $ 28 875.00 ................. .... -•""" 6,000.00 F. Maintenance 6,000.00 ... G. Materoial and Supplies 5,000.00 5,000.00 J. Grading •-•-•••-• 35,000.00 _......_ 35,00000 ................_.................._....... 81000.00 Total ............_........._ 8,000.00 ................... $ 82,875.00 (Consolidated Fund -$33,706.00; Street Construe - 11 tion Fund -$49,169.00) Item 138—Street and Traffic Signal Lighting (Consolidated Fund) H. Street Lighting and Traffic Special Session, July 18th, I019 ....... $ 40,500.00 $ 10,500.G0 353 Item 135—Street Construction Fund $ 16,800.00 J. Street Construction ............... ..... ..... $125,8:,1.00 $ 68,831.00 Item 133—City Garage (Consolidated Fund) ........ 3,500.00 A. C. Salaries Mechanics ...... .............. _$ 10,500.00 Office $ 10,600.00 E. .................. _..._...................... ........... _..... 75.00 Equipment _ .................................................. 500.00 75.60 500.00 F. Maintenance ..................................... 400.00 400,00 G. Material and Supplies ................. '2,325.00 2,325.60 H. Heat, Light and Power ............. 2,000.00 2000.0o I. Insurance ..... _._........... ........ ... ............. ...... 50.00 60.60 F. Total _ ............ ... _............... ... .._...... .......... ....._$ 15,850.00 $ 15,850.00 Item 134—Ash and Can Collections (Consolidated Fund) A. Wages Drivers and Laborers...$ 21,000.00 $ 21,000.00 F. Maintenance ............................................ 1,400.00 1,400.00 G. Material and Supplies ..................... 1,200.00 1,200.00 WAYS AND STREETS ............$331,598.72 Total —..__ .......... .... ................................... $ 23,600.00 $ 23,600.00 Item 138—Street and Traffic Signal Lighting (Consolidated Fund) H. Street Lighting and Traffic Signals ...... ........ ... ...... _............. ....... $ 40,500.00 $ 10,500.G0 Item 140—Street Cleaning (Consolidated Fund) A. Wages, Drivers and Laborers.$ 16,800.00 $ 16,800.00 E. Equipment ...._...._....._._ ..................... 1,000.00 1,000.00 F. Maintenance ._..._...._....... _. ....... ........ 3,500.00 3,300.00 G. Material and Supplies .......... ..... 3,500.00 3,600.00 Total _..._...._...... ... -.......... ......... _......... ..... $ 24,800.00 $ 24,800.00 Item 141—Snow Removal (Consolidated Fund) A. Labor .... _..... _.__. _.__........ ........... ....... $ 8,400.00 $ 8,400.00 E. Equipment .__. .............. _...... _..... _.......... 1,000.00 1,000.00 F. Maintenance ....... ------- ,_._.......... __... 2,000.00 '2,000.60 G. Material and Supplies ....__....._ 3,000.00 3,000.00 Total ...... ...... _......... ........ ..... ... .... ._..................$ 14,400.00 $ 14,100.00 SUBTOTALS GROUP IV—HIGH- WAYS AND STREETS ............$331,598.72 $274,598.72 GROUP V—LIBRARY Item 143A—Library Fund and Misc. Library Revenue Proposed 1949-50 At)- 1950-51 Ap- propriations propriations A. Salary Librarian .._........................_$ 3,465.00 $ 3,600.00 A. Salary Reference Librarian ..... 2,702.76 2,832.00 A. Salary Cataloguer ..... ................ _........ 2,474.04 2,604.00 A. Salary Juvenile Librarian ......... 2,155.20 2,280.00 A. Salary Circulation Head (part time) ...._ ................................. 1,576.80 1,670.00 A. Salary School Librarian ............. . 1,380.00 1,544.00 A. Salary Asst. of Circulation Head _...... _... _...... ........... ..................... 2,155.20 2,280.00 A. Salaries General Assistants (3) 5,537.28 4,730.00 A. Salary Caretaker ... ............................. 2,520.00 2,640.00 A. Salary Extra Help .....—.................... 4,479.72 6.000.00 C. Books _...._ ........ ..... ............ ........... _ ............ 6,272.00 9,000.00 D. PerIodicals......... _.......... ..__......_..._ .._ 1,000.00 1,000.00 E. Binding .......................... _._._.......... ......... 2,500.00 3,000.00 F. Building Repairs ... _ ....... _............ 5,472.00 5,000.00 G. Materials and SupNi­ _........... —. 2,300.00 2,500.00 H. Heat, Light and \Voter ............... 3,500.00 3,500.00 I. Insurance ...... _........ .._ _ ............. . 335.00 500.00 J. Miscellaneous ................ ........... 300.00 367.00 SUBTOTAL (;ROUP \'—LI- BRARY _ ......$ 50,125.00 $ 55,147.00 (Library Tax—$52,547.00; Library Tax Agricul- tural Land—$100.00; Misc, Library Revenue— $2,500.00) GROUP VI—PARK FUND Item 144A—Park Administration A. Salary Superintendent ..............$ 3,720.00 $ 3,906.00 B. Travel ................................. ... .............. ............... 100.00 100.00 C. Office ...... . ..... .. ......... .......... ... ........................... 350.00 350.00 D. Printing and Advertising ...._... 75.00 75.00 J. Miscellaneous .................. ..._...................... 15.00 15.00 Total .......... _.._.... ................................................ $ 4,260.00 $ 4,4463,.00 354 Special Session, July 18th, 1949 Item 144B -Park Areas, Buildings, Etc. $ 41,610.00 A. Wages of Laborers ............................$ 22,000.00 $ 22,000.0,) C. Forestry .......... _........... ... _............................ 700.00 2,700.00 E. Equipment ...... . ....... ............... _................... 3,500.00 3,500.00 F. Maintenance .............................................. 2,275.00 2,275.00 G. Material and Supplies ..................... 4,850.00 4,850.Uo H. Heat, Light, Water and 10000 C. Office _.._._...._...._. ............. _.___...._.._.._._ 120.00 Telephone .. ...... _....... ...... ................. 3,150.00 3.150.00 1. Insurance .. ......... ......................................... 850.00 850.00 J-1. Renovations and Replace- A. Salaries Supervisors, Lead- ments ...._ ....................... _................... _ 191.00 2,285.00 Total ....... ___...... ..........._................................$ 37,516.00 $ 41,610.00 SUBTOTALS GROUP VI -PARK FUND ._........... ........................... _...._............. $ 41,776.00 $ 46,056.00 (Park Tax -$42,756.00; Misc. Park Revenue6- $3,300.00) GROUP VII -PLAYGROUND AND SWIMMINGG POO_ Operation and Maintenance Item 145A -Recreation Administration Proposed 1949-50 Ap- 1950-51 Ap- propriations propriations A. Salary Director ......... _....... _................... $ 3,201.66 $ 3,600.110 A. Salary Office Help _..... ....... .... _ 1,200.00 1,500.00 B. Travel ...._ ..... _...... _................_.................. 50.00 10000 C. Office _.._._...._...._. ............. _.___...._.._.._._ 120.00 120.!)0 F.Maintenance of Car ........... ..... ... ._....... 360.00 360.00 GG. Material and Supplies ................. 250.00 250.00 Total ......_...__...._._.... ....... ........ ...... ..... _...$ 5,181.66 $ 51930.00 Item 14513 -Outdoor Recreation A. Salaries Supervisors, Lead- ers, etc . ... ............. .... ....... _....... _...... .$ 3,500.00 $ 31919.00 A. Wages of Laborers _....__..._....__ 1,500.00 2,100.00 E. Equipment . .......... 750.00 750.00 F. Maintenance _ ....... _........ ..... _............. 1,000.00 1,000.00 G. Material and Supplies ...............__ 1,000.00 ;,000 00 H. Light ...._.. _................ ........... __ ....._.._..... 500.00 1. Insurance ._..___.._......_.._.._..._ .......... __ 250.00 500.60 250.00 Total _._..................... ._............. _... ............ ... _$ 8,500.00 Item 145D -Indoor Recreation $ 9,519.00 A. Wages .... _............... _........._.._ ._..... _...........$ 2,000.00 C. Office $ 2,000.0o ... _........ _... _ ........ ___........_..__.._.... 25.00 E. Equipment .... _..................... _....... --- 300.00 26.4.0 300.00 F. Maintenance ......_ ............._..__._._._....... 500.00 G. Material and Supplies 500.00 ...... _..... 400.00 H. Heat and Light ........... _............. 400.00 400.00 400.00 Total. _._._.... ....$ 3,625.00 WY Item 145E.Swimming $ 3,625.00 Pool A. Salary Superintendent .._........... _$ 800.00 $ do0.90 A. Salaries Guards (4) ........_......__ 1,000.00 A. Salaries Attendants 1,600.00 _........_........... 1,800.00 F. Maintenance 1,400.00 ...... _..... _........._._. ............ 1,000.00 G. Material and Supplies ......_...._ 350.00 1,000.00 350.00 H,Light and Power ..... _........ ......._...... _ 300.00 I. Insurance :00.00 _ .............. _ ........ ... ..... ...._......... _ 229.00 229.00 Total... _._..............-._............ _...._._...............$ 5,479.00 Item 145E -Care of Grounds $ 6.129.00 F. Maintenance .... ............... ........._......_....._.$ 11000.00 SUBTOTAL -OPERATION $ 1,000.00 AND MAINTENANCE ........... _..............._.$ 23,785.66 $ 26,203.00 IMPROVE Item 146 -Improvement Fund MENT J. Improvements............... _................ .. $ 29,084.34 SUBTOTALS GROUP VII - $ 32.U6i.U0 PLAYGROUNDS AND SWIM- MING POOL ......................................$ 52,870.00 (Playground and Swimming $ 58,270.00 Pool Tax -$21,378.00; Pool Receipts -$4,500.00; Skating Receipts - $250.00; Miscellaneous -$75.00; Playground provement Tax -$32,067,00) Im- GROUP VIII -MISCELLANEOUS Item 147-Plannin (Consolidated Fund) 9 and Zoning Proposed 1949-50 Ap- 1950 -Ll Ap- J. Miscellaneous._ propriations proprtations Item 148E - . n ._......_..........._...._..........1 $ 4,300.00 $ 4,300.00 A. Salaries Dribers(2) P. Maintenance ............_......."$ 5,904.36 $ 5,904.36 G. Material and Su .......... """"""• pplies _................... 350.00 I. Insurance 350.00 _......._..... 225.00 225.00 Total_.__......_ ..............._................................$ 6,759.36 $ 6,759.36 Special Session, July 18th, 1949 355 Item 148C -Other Miscellaneous Proposed J-1. Iowa League of Municipal- 1950-51 Ap- Ities-........ ..........._....._......._.._................._$ 80.00 J-2. Damages _ ...... _................._........................._ 3,300.00 $ 80.00 31300.00 J-3. Printing Council Proceedings 2,700.00 2,700.00 J-5. State Examiners ........... _.... ...... _ 2,000.00 2,000.00 J-6. Repairs to Town Clock ............ 500.00 600.0(! J-7. Misc. Unclassified ..... ... _........... _ 3,100.00 3,100.00 J-8. Workmen's Compensation Insurance ... ... ............. ....................._ 2,500.00 2,50000 J-9. Interest on Warrants ..... _.......... 125.00 125.00 Total ______._._...__.._.._.._............_....._.$ 14,305.00 $ 7.1.305.00 SUBTOTALS GROUP VIII -MIS- $ 65,020.50 CELLANEOUS ....................................$ 25,364.36 $ 25,364.36 GROUP IX -MUNICIPAL IMPROVEMENTS (Consolidated Fund) Item 160 -Capital Improvements J. Improvement Projects ..... ..............$ 32,000.00 $ 32,000.00 Item 161 -Bridge Construction J. Bridge and Viaduct Work ......_.$ 28,813.00 $ 29.500.00 Item 162 -Assessments and Sewers J-1. City's Share of Special As- sessments _ ............ ........ ......... _....... _.... $ 12,000.00 $ 12,000.0; 356 Special Session, July 18th, 1949 Item 1538—Dredge Operation $ 27,065 00 Item 153C—River Front Improvement A. Salary Engineer .............. _.- ..._. ....... . $ 180.00 $ 180.00 A. Salaries operators --•--• • - ...... —_ 9,660.00 8,660.00 A. Wages Laborers ..__.._..._.......__ .... 5,417.00 7,000.00 F. Maintenance and Repairs _..._ 2,000.00 2,500.Oo . G. Material and Supplies _-._....._..... 3,000.00 31000.00 H. Electric Power ......................... __...._...... 4,000.00 4,000.00 I. Marine Insurance ........ ................ .......... 625.00 65.00 I. Workmen's Compensation In- Item 157—Airport Fund surance ____ ..... ___.......... ......_ 800.00 950.00 J. Miscellaneous _ .......... .... _._...... ..............- 150.00 100.00 Total ............... _... ... _.._ _................._ .....$ 25,832.00 $ 27,065 00 Item 153C—River Front Improvement A. Wages ...... .......... ... ... _....... ....... _................. $ 500.00 $ 500.00 E. Trucking __.. ..... _...... ........ __............ .._.... 200.00 200.1,0 E. Equipment ..... ................... .... _..... _........ 1,000.00 1,0()0.00 E. Tools ... ............. ...._.......................... _........ ......... 200.00 200.00 G. Material and Supplies ..................... 800.00 1,100.00 Total .......... _..__..-........... ......_.........................$ 2,700.00 $ 3,300.00 SUBTOTALS GROUP XII— DOCKS _................. ... _......... ............. $ 31,852.00 $ 33,73,;.00 (Dock Tax—$21,378.00; disc. Dock Revenues— $12,357.00) GROUP XIII—AIRPORT Item 157—Airport Fund Proposed 1949-50 Ap- 1950-51 Ap- propriations propriations F. Maintenance _ ................. ............._._......$ 15,000.00 $ L5,000.00 I. Insurance .. .... _... __...................... 1,500.00 1„500.00 J. Airport Development ..... ............. ... 40,673.00 14,113.00 SUBTOTAL GROUP XIII—AIR- PORT............. __._................ ......... ... ..........$ 57,173.00 $ 29,613.00 (Airport Tax—$23,613.00; Airport Revenue— $6,000.00) GROUP XIV—.PARKING, METERS AND PARKING LOTS Item 170A—Parking Meters A. Wages ..... ........................ ..............._...............$ 3,150.90 $ 3.150.00 E. Equipment ............ ...... ..................._............ 12,000.00 4,000.00 F. Maintenance ... ............. ........._......-......_._. 1,850.00 1,850.00 Total ......._ ..... .......... ...... .............-.................$ 17,000.00 $ 9,000.;{0 (Parking Meter Fund—$9,000.00) Item 1708—Parking Lots J. Parking Lots .............. ........ .................. _.... $104,500.00 $167,500.01 (Parking Meter Fund—$151,000.00; Parking Lot Fund—$16,500.00) SUBTOTAL GROUP XIV—PARK- INGG METERS AND PARK- ING LOTS _...._ ..........................................$121,500.00 $176,500 90 GROUP XV—WATER WORKS Proposed 1949-50 Ap- 1950-51 Ap- propriations Estimated Balance on Hand April propriations 1, 1950 ........ .......................................$100,000.00 Estimated Meter Sales .......... ............... _.. 210,000.0 $ 75.000.00 223,000.00 Estimated Fiat Rate Sales ............... _. 750.00 1,000.00 Estimated Fire Protection Service 2,500.00 2,500.00 Estimated Non -Operation Service 2,500.00 9,560 00 Estimated Sales Tax Collections... 4,215.00 4,520.010 Total .___.... .....................................................$319,965.00 $310.520.00 DIS Item 149A—Administration SEMENTS A. Salary Superintendent and Cashier _....__ ....... -............ _..................$ 5,336.10 A. Salary Accountant........................_. $ 5,336.10 3,50(1.614 A. Salary Stenograph.er and 3,506.01 Clerk _...._ .......................... - ....... ..... ,..... 2,522.52 A. Salary Clerk 2,522.52 ................................................. 2,383.92 A. Salary Clerk 2,383.32 .. ............ -........ ......... ............ 2,016.00 A. Salary City Manager (25%)....,. 3,000.00 ',016.00 1,000.00 A. Salary City Auditor (25%) 980.60 A. 980.60 Salary City Treasurer (25%) 963.27 B. Travel 963.:.'7 ... ... ......_................. _.............................. 125.00 C. Office Expense and Postage... 125.00 1,500.00 D. Printing and Advertising...._... 1,500.00 F. Equipment 400.00 400.00 ......................... ......... 1.150.00 F. Maintenance ..... 1,150 00 _..___.........__........_........._ 300.00 800.0 Special Session, July 18tH, 194.9 G. Material and Supplies ................... 500.00 500.10 I. Insurance ................................ ..................... 75.00 75.00 J-1. Miscellaneous ...................................... 340.00 340.00 J-2. State Sales Tax ............................. 4,215.00 4.215.00 J-3. Old Age Pension ............................. ................. 3,000.00 118,030.50 Total..............................................................$ 29,314.05 $ 32,314.u5 Item 1948—Water Operation 31,852.00 33,735.00 A. Salary Field Engineer .....................$ 4,019.40 $ 4,019.10 A. Salary Plant Chief Engineer- 3,659.04 3,659.04 A. Salaries Plant Engineers (6) 18,791.16 IS,794.IG A. Wages Extra Station Labor_.... 5,250.00 5,250.00 A. Salary Meter Service Man .... 2,785.SG 2,785.86 A. Salary Meter Repair Man ....... 3,215.52 3,215.52 A. Salary Meter Readers (2) ......... 5,266.80 5,266.80 A. Salary Meter Inspector ........... 2,633.40 2,633.40 A. Salary Asst. Meter Repairer... 2,869.02 2,869 02 A. Salary General Foreman ........... 3,797.64 3,797.61 A. Salary Supervisory Help ............ 5,623.20 5,623.20 A. Wages Laborers ................................... 16,000.00 16,000.00 E. Equipment ...... ............ _........ .._........_.._ 10,000.00 10,000 00 F. Maintenance ..._ ................................... 12,000.00 12,000.0 G. Material and Supplies ................... 3,000.00 1,000.60 H. Heat, Light and Power .............. 45,000.00 50,000.'-0 I. Insurance ....... _..........................._......... 5,500.uO 5,500.00 J-1. Water Main Material _..._...... 25,000.00 35,000 00 J-2. Other Betterments ...... ..... ....... 111,911.91 87, 771.91 J-3. Store Reserve ....._ . .............................. 3,000.00 8,000.150 J-4. Miscellaneous ...... _..........._............. 1,500.00 1,500.90 Total .... __............................................................$289,825.95 $277 OS5 95 GRAND TOTAL WATER WORKS APPROPRIATIONS.$319,140.00 $310,000 60 N O N - APPROPRIATION RE- SERVE - ... _....................................................$ S25.00 $ 520.00 SUBTOTAL GROUP XV—WA- TER WORKS ...... ................ .... ............. $319,965.00 $310,520.00 RECAPITULATION OF TOTAL APPROPRIATIONS AND RESERVES (a) City Operation, Group t to VIII, Inclusive .........................$1,072,144.45 $1,045,711.51 (b) Municipal lmprovenients Group 1X ................................ 102,813.00 103,500.00 (c) Reserve in General Misc. Revenues ............... _............ ............. . 146.55 146.49 (d) Pensions, Group X ........... .... .....- 107,287.00 118,030.50 (e) Debt Service, Group XI .......... 73,431.00 35,415.00 (f) Docks, Group XII .......................... 31,852.00 33,735.00 (g) Airport, Group XIII ........... ..... ._. 57,173.00 29.613.00 (h) Parking Meters and Lots Group XIV ............... ...... ......_......... 121,500.00 1761500,00 (1) Water Works, Group XV ...... 315,140.00 310,000.Ou (j) Water Works Reserve ........... 825.00 520.00 Total ....... . ............................... _.._ ....__.....$1,886,312.00 $1,913,176.50 RECAPITULATION OF REVENUES Tax Revenues $ 998,225.00 $1,051.487.00 Misc. Revenues and Estiu uird Balances ......... ....... _..... ._ 568,122.00 551,169.50 Water Works Revenue and 1a- timated Balance 319,965.00 310,520.110 Total............................................................$1,S86,312.00 $1.913,176..541 357 Siwrial Session, July i8th, 1949 RESOLUTION NO. 184-49 Whereas, Clem J. McGuire has filed with the City Council a re- quest for permission to erect an unloading platform in the alley abutting City Lot 190 in the City of Dubuque, Iowa, and Whereas said petition was re- ferred to the City Council to view the grounds, and Whereas, the City Council has viewed the grounds and is of the opinion that said request should be granted. NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Sec. 1. That Clem J. McGuire, his successors and assigns, be, and he is hereby granted the right and authority to erect an unload- ing platform and maintain an un- loading platform to be three feet in width and twelve feet in -length. Sec. 2. That such construction be done under the direction and supervision of the City Manager and Building Inspector. Sec. 3. That the right to con- struct and maintain such unload- ing platform, as hereby granted, shall be subject to the continuous control of the City Council, re- serving the right to said City Coun- cil to impose restrictions and con- ditions upon public interests, in- cluding the right to revoke and rescind the grant hereby made if at any time the public interests should so require. Sec. 4. As a further considera- tion of the rights and privileges hereby granted, said Clem J. Mc- Guire, his successors and assigns, assume any and all liability for the damages to persons or prop- erty which may result from the construction and, or maintenance Of such unloading platform and said Clem J. McGuire, his suc- cessors and assigns, at his own expense agrees to defend any and all claims or actions, which may be made or brought against the City because of the construction and/or maintenance of such un- loading platform, and should the City be required to pay any sum as damages, said Clem J. McGuire, his successors and assigns, agree to fully reimburse the City there- fore and to hold said City harm- less from any damages. Sec. 6. Should the rights and privileges herein granted be re- scinded or revoked, said Clem J. McGuire, his successors and as- signs, at his own expense and upon receipt of notice, agrees, within 30 days after receipt of such notice, to remove the struct- ure herein authorized to restore the alley in as good condition as it was before said construction. Sec. 6. This Resolution shall be. come effective and the rights here. under shall acture to Clem J. Mc- Guire, his successors and assigns, when this Resolution has been Massed by the City Council and accepted by said Clem J. McGuire, which acceptance shall be en- dorsed hereon. Passed, approved and adopted this 18th day of July, 1949. ALBERT WHARTON, Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. \ttest: J. J. SHEA City Clerk. Acceptance of Resolution No. 184-49. Clem J. McGuire, having full knowledge and understanding of all the terms and conditions of Reso- lution No. 184-49, hereby accepts the same as adopted and agrees to comply with all the terms and con- ditions thereof. Signed this 27th day of July, 1949. CLEM J. McGUIRE. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thomp- son. Sarried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays—None. Resolution No. 185-49.r Whereas in the construction of the terminal administration build- ing at the Municipal Airport, known as CAA Project No. 9-13- 020-801, contracts were entered in- to as follows: Wickes Engineering and Construction Company, Con- struct Building (General) ; H. B. Special Session, July 18th, 1949 359 McCarten, Plumbing and Heating, and Horne & Williams, Electrical Wiring and Cable; and Whereas such contracts provided for the completion of the above work on March 16, 1949, and for the payment of liquidated damages for each day the contractors were in arrears; and Whereas the inability of the gen- eral contractor to obtain structural steel at the 'proper time greatly de. layed such work and thereby im- peded the progress of his work and that of the other contractors, Now Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the payment of liquidated damages for failure of the contractors to com- plete the project within the spec- ified period be waived and that the Civil Aeronautics Administration be notified of this action by being furnished two copies of this resolution. Passed, adopted and approved this 18th day of July, 1949. ALBERT WHARTON, Mayor. F. W. THOMPSON. FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays—None. Resolution No. 186-49. Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the I)rovisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette pa- pers within said City and the Man- ager is directed to issue such per- mit on behalf of said City. Name. Address. Joseph A. Paradiso and Frank Paradiso, 1142 Iowa Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 18th day of July, 1949. ALBERT WHARTON, Mayor. ROMOLO N. RUSSO F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel. man, Welu. Nays—None. Application of Angela E. Martin for a cigarette permit, presented and read. Councilman Welu moved that the application be referred to the City Solicitor for 'investigation and re- port. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays—None. Resolution No. 18749. Preliminary approval of plans, specifications, form of contract, plat and schedule and all other docu- ments for the improving of Balke Street from the north curb line of Lawther Street to the south curb line of Groveland Place, estimated cost $4,991.67, presented and read. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays—None. (Necessity for Improvement.) Resolution No. 188-49. 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 ,16o Special Session, July i8th, 1949 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 Balke Street from the north curb line of Lawther Street to the south curb line of Groveland Place. Be It Therefore Resolved that the.City Council on its own motion or upon petition of property own- ers, deems it advisable and neces. sary 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 fide with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned p r o p e r t y 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 theron or is adja- cent thereto according to area and in proportion to the special bene. fits conferred thereby, and any de. ficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. 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 18th day of July, 1949. Approved: ALBERT WHARTON, Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo m o v e d the resolution be approved and placed on file for final action. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 189-49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 187-49 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 improve- ment of Balke Street from the north curb line of Lawther Street to the south curb line of Grove - land Place 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 8th day of August, 1949, a public hearing will be held at 7:30 o'clock P. M. in the Coun- cil Chamber in the City of Dubuque at which time the owners of pro- perty 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 pass- age of the proposed Resolution of Special Session, July 18th, 1949 361 Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of each 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 con - ,sideration and unless property owners at 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 18th day of July, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duleman move(l the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays—None. Resolution No. 190-49. Preliminary approval of plans, specifications, form of contract, plat and schedule and all other docu- ments for the construction of eight (8) inch sanitary sewers in the fol- lowing locations: (1) Beginning at the existing M.H. located at the intersection of Burden Avenue and Link Street and running west in Link Street to the intersection with the center line of Balke Street; thence northwesterly along the cen- ter line of Balke Street to a point 100 feet northerly from the north- erly property line of Strauss Street. 2. Beginning at the inter- section of the center lines of Balke. and Link Streets and running west. a distance of 28 feet 8 inches. 3. Beginning at the intersection of the center line of Balke and Strauss Streets and running westerly along the center line of Strauss Street to the intersection of Brunswick Street, thence southerly in Bruns- wick Street to the intersection with the center line of Link Street, estimated cost $6,838.58, presented and read. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Wharton, Council- menRusso, Thompson, Van Duel - man, Welu. Nays—None. (Necessity for Improvement.) Resolution No. 191-49 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 size and kind of sewers. 3. Each lot proposed to be as- sesed together with a valuation fix- ed by the Council. 4. 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. 5. In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of eight (8) inch sani- tary sewers in the following loca- tions: (1) Beginning at the existing M.H. located at the intersection of 13urden Avenue and Link Street and running west in Link Street to the intersection with the center line of Balke Street; thence north- westerly along the center line of l3alke Street to a point 100 feet northerly from the northerly prop- erty line of Strauss Street. (2) Beginning at the intersection of the center lines of Balke and Link Streets and running west a distance of 28 feet 8 inches. (3) Beginning at the intersection of the center line of Balke and Strauss Streets and running west- erly along the center line of Strauss Street to the intersection of Bruns- wick Street; thence southerly in 362 Special Session, July 18th, 1949 Brunswick Street to the intersec- tion with the center line of Link 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- sary 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 pri- vately owned property lying within assessable distance provided by law and in 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 defic- iency shall be paid out of the gen- eral fund, improvement funds or sewer funds, or partly out of each of said 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 18th day of July, 1949. Approved: ALBERT WHARTON, Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOO N. RUSSO CLARENCE P. WELU Attest: J. J. SHEAouncilmen. City Clerk. Councilman Thompson m o v e d that the resolution be approved and placed on file for final action. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas—Mayor Wharton, Council- men Russo, Thompson, Van Duel. man, Welu. Nays—None. (Fixing date of hearing) RESOLUTION NO. 192-49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 190-49 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 construc- tion of eight (8) inch sanitary sewers in the following locations: (1) Beginning at the existing M. H. located at the intersection of Burden Avenue and Link Street and running west in Link Street to the intersection with the center line of Balke Street; thence north- westerly along the center line of Balke Street to a point 100 feet northerly from the northerly prop- erty line of Strauss Street. (2) Beginning at .the intersection of the center lines of Balke and Link Streets and running west a distance of 28 feet 8 inches. (3) Beginning at the intersection of the center line of Balke and Strauss Streets and running west- erly along the center line of Strauss Street to the intersection of Brunswick Street; thence south- erly in Brunswick Street to the intersection with the center line of Link Street, and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has .been introduced and is uow on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLV- ED that on the 8th day of August 1949 a public hearing will be held at 7:30 o'clock P.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 specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the Special Session, July 18th, 1949 363 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 prgposed assessment, t h e y 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 18th day of July, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. RESOLUTION NO. 193-49 Preliminary approval of plans, specifications, form of contract, Plat and schedule and all other documents for the construction of eight (8) inch sanitary sewers in the following locations: (1) Begin- ning at manhole number 35 on the Kaufman Avenue Trunk Sewer and running southeasterly to the inter- section of the center line of Avoca Street Ext. and the alley second north of Hazel Street; thence south along the center line of Avoca Street Extension to the cen- ter line of Ungs Street; thence along the center line of Ungs Street to the center line of Hoyt Street; thence north along the center line of Hoyt Street to the prolongation of the south line of lot 6 of Pfohl Subdivision. (2) Beginning at the intersection of the certer line of ;.he alley second north of Hazel Street and the Kauf- man Avenue Trunk Sewer and running west along the center line of said alley to the prolongation of the east line of lot No. 83 of Finley Addition. (3) Beginning at manhold number 39 of the Kauf- man Avenue Trunk Sewer and run- ning east along the center line of Hazel Street to the prolongation of the west line of Lot No. 50 of Finley Addition, estimated c o s t $13,776.36, presented and read. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. (Necessity for Improvement) RESOLUTION NO. 194.49 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and lire 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 size and kind of sewers. 3. Each lot proposed to be assessed together with a valuation fixed by the council. 4. 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. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of eight (8) inch sanitary sewers in the following locations: (1) Beginning at manhole number 35 on Kaufman Avenue Trunk Sewer and running southeasterly to the intersection of the center 364 Special Session, July 18th, 1949 line of Avoca Street Ext. and the alley second north of Hazel Street: thence south along the center line of Avoca Street Extension to the Center line of Ungs Street; thence east along the center line of Ungs Street to the center line of Hoyt Street; thence north along the center line of Hoyt Street to the prolongation of the south line of lot 6 of Pfohl Subdivision. (2) Beginning at the intersection of the center line of the alley second north of Hazel Street and the Kaufman Avenue Trunk Sewer and running west along the center line of said alley to the prolonga- tion of the east line of Lot No. 83 of Finley Addition. (3) Beginning at manhole number 39 of the Kaufman Avenue Trunk Sewer and running east along the center line of Hazel Street to the prolongation of the west line of Lot No. 50 of Finley Addition. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, 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 assess- ments, 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 in assessable distance provided by law and in an amount not to ex- ceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby, a n d any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in antici- pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay th contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 18th day of July, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved that the resolution be approved and placed on file for final action. Seconded by Councilman Russo. Carried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. (Fixing date of hearing) RESOLUTION NO. 195-49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 193-49 given its preliminary approval on the pro- posed specifications and form Of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of eight (8) inch sanitary sewers in the following locations: (1) Beginning at manhole number 35 on Kaufman Avenue Trunk Sewer and running southeasterly to the intersection of the center line of Avoca Street Ext. and the alley second north of Hazel Street; thence south along the center line of Avoca Street Extension to the center line of Ungs Street; thence east along the center line of Ungs Street to the center line of Hoyt Street; thence north along the center line of Hoyt Street to the Special Session, July 1801, 1949 365 prolongation of the south- line of lot 6 of Pfohl Subdivision. (2) Beginning at the intersection of the center line of the alley second north of Hazel Street and the Kaufman Avenue Trunk Sewer and running west along the center line of said alley to the prolonga- tion of the east line of Lot No. 83 of Finley Addition. (3) Beginning at manhole number 39 of the Kaufman Avenue Trunk Sewer and running east along the center line of Hazel Street to the prolongation of the west line of Lot No. 50 of Finley Addition. and, WHEREAS, the proposed Res- olution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLV- ED that on the 8th day of August 1949, a public hearing will be held at 7:30 o'clock P. M. in the Council 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 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 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 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 baring the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 18th day of July, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas — Mayor Wharton, Council. men Russo, Thompson, Van Duel. man, Welu. Nays — None. RESOLUTION NO. 196-49 Preliminary approval of p 1 a n s, specifications, form of contract, plat and schedule and all other documents for the construction of an eight (8) inch sanitary sewer described as follows: In Lincoln Avenue from the existing manhole at the intersection of Lincoln and Rhomberg Avenues to a point 296.3 feet west; also in Rhomberg Ave. from the center line of Lincoln Avenue to a point 184 feet north, estimated cost $2,144.83, presented and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas — Mayor Wharton, Council- men Russo, Thompson, Van Duel - man, Welu. Nays — None. (Necessity for Improvement) RESOLUTION NO. 197-49 WHEREAS, proposed plans, specifications, 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 size and kind of sewers. 3. Each lot proposed to be assess- ed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type