Ordinance No. 3-43 Vacation of alley between Jackson and White Streets running from 8th to 9th Streets and conveying said alley to Farley & Loetscher Mfg CoCETTIFICATL OF CITY CLERK
State of Iota
SS
County of Dubuque)
do hereby certify that I am the duly appointed, qualified, and acting
Clerk of ti City of Dubuque in the County aforesaid, and as such Clerk I have; in my possession
or have access to the records of the proceedings of the City- Council. I do further state that th°e
hereto at t-ached Ordinance I'To. '3.43 is a correct copy of the Original Ordinance No. 3-43 approved
and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council
on the nth. day of February, 1C43.
In tostimony whereof I hereunto set my hand and official scat.
Dated at Dubuque, Iowa, this 24th. day of February, 1943.
Clerk of the City of Dubuque, Iowa.
ORDINANCE UO. 0 -43
An Ordinance providing for the vacation of the alley
between Jackson and White Streets running from 8th
to 9th Streets in the City of Dubuque, Iowa and con-
veying said alley to Farley & Loetscher Mfg. Co.
Whereas, the Farley & Loetscher Mfg. Co. petitioned
the Council of Dubuque for the vacation of the alley
between Jackson and White Streets from 8th Street to
9th Street in the City of Dubuque; and
Whereas, all of the real estate abutting upon
said alley is owned by the Farley & Loetscher c:Ifg.Co.,
and
Whereas, said alley is not neede; for- street or
public purposes and the vacation thereof will not in-
jure, damage or interfere 'Wi•tii'' h `'tzs' Y of or accessi-
bility to private propertrkrituaited in such districts;
and
Whereas, the Planning and Zoning Commission of the
City of Dubuque has examined into the advisability of
vacating of said alley and has recommended to this coun-
cil that such vacation be made.
Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE:
Section 1. That the alley between Jackson and White
Streets from 8th to 9th Streets in the City of Dubuque,
Iowa, be, and the same is hereby vacated.
Section 2. That in consideration of the sum of 1.00
and other valuable considerations, the receipt whereof is
hereby acknowledged, said vacated area be, and the same is
hereby sold, granted and conveyed to the Farley & Loetscher
Mfg. Co., its successors and assigns; subject, how-
ever, to the limitations and restrictions that all
sewers, drains and water mains located upon or with-
in the vacated alley shall continue to be the property
and under the supervision and control of the City of
Dubuque, its officers and employees, including the
right and power to enter upon the premises for all
proper public uses and purposesjand in the event any
repairs or replacements become necessary in or upon
such sewers or water mains or services because of
any action or conduct upon the part of said Farley &
Loetscher Mfg. Co., its agents or employees, such
sewers and water mains and services shall be repaired
or rebuilt at the expense of Farley & Loetscher I!Ifg.
Co. No structure of any kind shall be superimposed
upon such sewers or water mains or services or erected
in the same without the approval of the City Council
and the Deed hereinafter referred to shall so provide,
and the Mayor and Clerk of the City of Dubuque, be,
and they are hereby directed to execute and deliver
on behalf of said City, its Quit Claim Deed to said
Farley & Loetscher Mfg. Co.
Section 3. That the Clerk be, and he is hereby
directed to file and record a duly certified copy of
this Ordinance in the office of the County Recorder
of Dubuque County, Iowa.
Section 4. That this Ordinance, being deemed
urgent and in the interest of the public welfare, shall
be in force and effect immediately upon its final pas-
sage, adoption and approval by the City Council and
publication as by law provided, ar114he rights hereunder
shall accrue to Farley & Loetscher. o., its successors
and assigns when this Ordinance has been accepted by
said Company, which acceptance whall be endorsed here-
on and when the cost of publishing the same harp been
paid by said Company.
Passed upon first and second readings this
day of 'ebruary, 1943.
Pass d, adopted and approved
this 19 day of EWguar, 1943.
--fie • '
P,
Attest:
upon
final reading
Councilmen
ACCEPTANCE OF ORDINANCE
N o . , 43
Farley & Loetscher Lifg. Co., having knowledge of
all the terms and conditions of Ordinance No. 3 -43
does hereby accept Ordinance No. 3 -43, as adopted
by the City Council of the City of Dubuque, on this
_ / 9 e3�day of r.,-..6%2A,ArtrIt 1943, and agrees to comply
with all of the terms a.d conditions therein set forth.
Signed this 24A•s. day of February,. 1943.
FARLEY & LOETSCIIER 11FG . CO .-
ier