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1949 February Council Proceedings ~"~, ~ } -- '` l I ~~ i''i~ ~t.~ ~. Regular Session, February qth, tg49 ~3 City Council (Official) Regular Session, February 7th, 1949. Council met at 7:30 P.M. Present-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City mana- ger Rhomberg. Mayor Van Duelman stated that this is the regular monthly meet- ing of the City Council for the porpose of acting upon such busin- ess as may properly come before the meeting. Councilman Murphy moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Mr. Stephen Gulyash, Secre- tary of the cement finishers local, addressed the Council askng that only union cement workers and plasterers work on city projects. City Solicitor Kintzinger state d that he did not believe the City could adopt officially the policy advocated by Mr. Gulyash. Mr, John Grogan, speaking for a committee representing the Trades and Labor Congress, addressed the Council asking that a new ball park be built or 1 a rg a improve- ments be made to the present East Fourth Street ballpark in- cluding acovered grandstand and that the City Council support a bill now pending in the Iowa Leg- islature that would allow cities to float bond issues to build re- creation facilities. Council a d- vised Mr. Grogan that the recrea- tion department plans to make re- pairs at the ball park, such as re- pairing the fence which has been blown down and also as to im- provements in the seating facili• ties. City Manager Rhomberg stat- ed that he would try and obtain eopies of the proposed bill now pending in the Legislature f o r Council information. Mr. Mark Gavin addressed the Council protesting to appearance of non-union musicians at the square dances being sponsored by the City Recreation Department. City Manager Rhomberg stated that the music for the square dances is furnished by records and transcriptions and the only "live" music was played by high school students who were part of the demonstration. Notice of Claim of Geo. A. Ham• inel in the amount of doctor bill, hospital bill and loss of wages for injuries sustained in a fall on an icy crosswalk at Roland Street, presented and read. Councilman Moffatt moved that the Notice of Claim be referred to the City Soli- citor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. Notice of Claim of George G. Rogue in the amount of $650.00 for injuries sustained in a fall on the icy crosswalk at Sth and Main Streets, while walking from the Northwest corner to the Southwest corner, presented and read. Coun- cilman Murphy moved that t h e Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim of Delton E. Winters in the amount of $425.30 for damages to his automobile caused in striking an improperly lighted barricade and euipment placed in the street at or about the intersection of Goethe Street and Windsor Avenue, presented and read. Councilman Thompson moved that the Notice of Claim be referred to the City Solicitor f far investigation and report. Sec- onded by Councilman Wharton. I Carried by the following vote: z4 Regular Session, February 7th, 1949 Yeas -Mayor Van Duelman, Councilmen MoYYatt, M u r p h p, Thompson, Wharton. Nays-None. Notice of Claim of Delton E. Winters, as natural father and guardian of Sheryl Lynn Winters, in the amount of $1,000.00 Yor in- juries sustained by Sheryl Lynn Winters in a motor vehicle acci- dent at the intersection oY Goethe Street and Windsor Avenue, said accident being caused by striking an improperly lighted barricade and equipment placed in the street at said intersection, presented and read. Councilman Wharton moved that the notice of claim b e re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of E. G. Corbett, Cor- bett's Coatectionery and Grocery, protesting to the proposed recom- mendations to prohibit parking on one side of Rhomberg Avenue and recommending that parking on the Southeasterly side of Rhomberg Avenue from the Chicago Great Western Railroad Tracks to Mar- shall Street be restricted to fif- teen minutes, presented and read. Councilman Wharton moved that the petition be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Milton Schaller et al, property owners and residents in the neighborhood of Adair Street, requesting the extension of the storm sewer in Adair Street Prom Fillmore Street to Rosedale Av- enue, presented and read. Council- man Murphy moved that the peti- I lion be referred to the Council to view the grounds. Seconded b y Comicilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. IQays-None. February 7, 1949. To the Honorable Mayor and City Council of Dubuque, Iowa Gentlemen: Herewith is submit- ted a Resolution Yor your passage, which authorizes the execution and delivery of a new Quit Claim Deed to Company A, 133rd In- fantry-Headquarters Company 1st Battalion 133rd Infantry Iowa Na- tional Guard Armory Corporation, and which eliminates certain con- ditions which were included in the original deed. Herewith is also submitted a new Quit Claim deed. Trusting that you will give this matter your favorable attention. Respectfully submitted, Romolo N. Russo. Councilman Wharton moved that the communication be received and filed. Seconded by Council- man Murpky. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 14.49. Whereas, by Resolution No. 105- 48, passed, adopted and approved on the 14th day of June, 1948, it was resolved by the City Council of the City of Dubuque, Iowa, that Lot 1 of Lot 2 of Lot 3 of Ran- dall's Subdivision in the City oY Dubuque, Iowa, be conveyed to Company A, 133rd Infantry- Head• quarters Company, 1st Battalion 133rd Infantry Iowa National Guard Armory Corporation and that the Mayor and Clerk of the City of Dubuque, Iowa, were authorized and directed t o execute and de• liver to said Armory Corporation a quit claim deed to Lot 1 oY Lot 2 of Lot 3 of Randall's subdivision in the City of Dubuque, Iowa for and on behalf of the City of Dubuque, Iowa; Whereas, said aforementioned Resolution further provided that said real estate was to be used far no purpose other than as the site of an Armory, and that in the event said Armory was not constructed within one year from the date of said Resolution the Regular Session, February 7th, 1949 25 ,+ ~~','~ tide to said real estate would revert back to the City of Dubuque, Iowa.; Whereas, on the 9th day oY Sep• tember, 1948, the Mayor and the Clerk of the City of Dubuque, Iowa, did execute and deliver a quit claim deed to said Armory Cor- poration for and on behalf of the City of Dubuque, Iowa, in accord- ance with the provisions of Reso- lution No. 105.48; Whereas, Application has been made to the City Council of the City of Dubuque, Iowa, requesting that the City of Dubuque execute and deliver a new quit claim deed to Company A, 133rd I n f a n t r y Headquarters Company, 1st Bat- talion 133rd Infantry Iowa Nation- al Guard Armory Corporation, con- veying all rights, title and inter- est of the City of Dubuque in and to Lot 1 of Lot 2 of Lot 3 of Randall's Subdivision in the City of Dubuque, Iowa, and requesting that there be eliminated and ex- cluded Yrom said quit claim deed any provision that said real estate is to be used for no other purpose than to erect and maintain a n Armory thereon, and that there be eliminated and excluded from said quit claim deed any provision that in the event the Armory is not constructed within one year said above described real estate shall revert back to the city of Dubuque; Whereas, The City Council of the City of Dubuque, Iowa has investigated the matter and is oY the opinioin that such request should be granted, Now therefore, be it resolved by the City Council of the Gity of Dubuque, Iowa that Lot 1 oY Lot 2 of Lot 3 oY Randall's Subdivision in the City of Dubuque, Iowa be conveyed by means oY a new quit claim deed to Company A, 133rd Infantry-Headquarters C o m p a n y, 1st Battalion 133rd Infantry Iowa National Guard Armory Corpora- tion, and that the Mayor and Clerk of the City of Dubuque, Iowa, be and they are hereby authorized and directed to execute and deliver to Co. A, 133rd Infantry-Headquarters Company, 1st Battalion 133rd In• Pantry Iowa National Guard Armory Corporation a new quit claim deed to Lot 1 of Lot 2 of Lot 3 of ftan• doll's Subdivision in the City of Dubuque, Iowa, for and on behalf of the City of Dubuque, Iowa, eliminating from said quit claim deed any condition as to the use of said real estate and eliminating from said quit claim deed any con- dition as to the time said Ar• mory shall be constructed. Passed, adapted and approved this 7th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk. Councilmen Moffatt moved the adoption of the resolution. S e c- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Council Proceedings for the month of September, 1948, pre- sented for approval. Councilman Thompson moved that the Council Proceedings for the month of September, 1948, b e approved 3a printed. Seconded by Council• man Wharton. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No. 1.49. An Ordin- ance amending Ordinance No. 21• 42 regulating and prohibiting 'the operation of roller skating rinks in certain places in the City oY Dubuque, describing roller skating rinks, providing for revocation of licenses and for a penalty for via lotion thereof, said ordinance hav- ing been passed upon first reading on January 31st, 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, 26 Regular Session, February qth, 1949 _- ORDINANCE N0. 1-49 An Ordinance amending Ordinance No. 21--42 regulating and prohibit- ing the operation of roller skating rinks in certain places in the City of Dubuque, degcribing roller skat- ing rinks, providing for revocation of licenses and for a penalty for vio- lation f]tereaf. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. Ordinance No. 21-42 which was passed, adopted and ap- proved August 15, 1942, is hereby amended in the following respects: (a) By striking out the period at the end of Section 6 (a) of said Ordinance, inserting in lieu thereof a comma and adding the following: "provided, however, that the pro- visions of this Paragraph (a) shall not apply to any roller skating rink in any permanent enclosed building which has been built especially for the purpose of conducting a roller skating rink". (b) By striking out the period at the end of Section 8 of said Ordi- nance and inserting in lieu thereof a comma and adding the following: "provided, however, that any roller skating rink operated. in any per- manent building which has been built especially for the purpose of conducting a roller skating rink therein may be and remain open between the hours of 9:00 o'clock .4. M. and 12:00 o'clock midnight on weekdays and between the hours of 12:00 o'clock noon and 12:00 O'- clock midnight on Sundays". Section 2. This ordinance, being deemed urgent, and in the inteeest of public health, comfort and conven- ience, shall be in force and effect from and after its final passage, adoption, and approval by the City Council and publication as by law provided. Passed upon first reading this 21st day of January, 1949. Passed, adopted and approved upon final reading this 7th day of Febru- ary 1949, FRANK VAN DUEL'.II,AN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. ATTEST: J J. SHEA City Clerk. Published officially in the Tele- graph-Herald newspaper this 10th day of February 1949. J. J SHEA. City Clerk. Councilman Wharton moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car• fled by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No. 2.49. An Ordin- ante granting to St. Clara College, a Wisconsin, nonprofit corporation, its successors and assigns, t h e right to construct a sanitary sew- er in Peabody Street and in Dodge Street from the existing sanitary sewer now located in Dodge Street thence northwesterly through Dodge Street and Peabody Street, and prescribing the condi- tions of this grant and regulating the connection with said exist• ing sanitary sewer on Dodge Street, said ordinance having been passed upol: first reading on January 31st, 1949, and ordered placed on file with the City Clerk for public inspection far at least one week before its final adoption, was pre• rented for final adoption. ORDINANCE N0. 2-49. An Ordinance granting to St. Clara College, a Wisconsin, non-profit cor- poration, its successors and assigns, the right to construct a sanitary sewer In Peabody Street and in Dodge Street from the existing sanitary sewer how located in Dodge Street thence northwesterly through Dodge Street and Peabody Street, and pre- scribing the conditions of this grant and regulating the connection with said existing sanitary sewer on Dodge Street. WHEREAS, the said St. Clara Col- lege has filed its petition with the City Council of the City of Dubuque, Iowa for permission to construct at its expense a ten (10) inch sanitary sewer in Peabody Street and in Dodge Street commencing at and connected to the present sanitary sewer in Dodge Street as convenient thence northwesterly through Dodge Street to Peabody Street and thence north- westerly again, parallel with the street line of Peabody Street, to the north street line oY Peabody Street, said sewer to he then extended across and through the adjacent property to con- nect with and nerve the buildings of petitioner and after due considera- tion this Council finds no objections to the granting of said request and does therefore make the following Or- dinance: Be It Ordained by the City Council of the City of Dubuque. Iowa: Section 1. St. Clara College, a Wis- consin, non-profit corporation, its suc- cessors and assigns be and it is hereby granted the right to con- struct aten (l0) inch sanitary sew- er in Peabody Street and in Dodge StreeT commencing at and connected to the existing sanitary sewer now located in Dodge Street at a point near the intersection of the said Peabody Street and Dodge Street, as convenient, thence northwesterly through Dodge Street to a point in Peabody Street approximately 27.4 feet west of the east street line of Peabody Street and thence north- westerly again, parallel with the street line of Peabody Street for ap- proximately 140 feet to the north street line of Peabody Street, said sewer to he then extended through and across the adjacent properh: .n connect with and serve the buildina,~s of said grantee, its successors and assigns. Section 2. That the total ~ ost of constructing said sewer shall be paid by said grantee and the sewer shill be .built under the direction oP the City Manager and the City ,Engineer. Regular Session, February qth, 1949 27 ,Section 3. That before commencing any excavation in the street prepara- tory to the laying of the sewer, said grantee or the contractor to wham the work shall be awarded shall cause to be filed with the City of ilubuque a public ]lability and property dam- age insuradce policy, with a com- pany and in form to be approved by said City, in which the City of Dubuque, Iowa, [s named as an addi- tional insttred and by the terms of which policy the City of Dubuque, Iowa, shall be insured against liability in the amount of Ten Thousand ($10,- 000.00) Dollars for and any and all damages which may be sustained by reason of or in connection with the construction oY said improvement and said policy shall remain in force and effect until all ditches have been re- filled, obstructions removed from the street and the surface of the street and sidewalks replaced to as good condition as they were in before dis- turbed. Section 4. As a further condition to this grant, it is understood that after said sewer is completed the City of Dubuque shall have the right to make extensions thereto into other streets or districts without being re- quired to pay any part of the cost of the original construction of the sewer herein authorized. Section 5. Upon completion of the aforesaid project pursuant to the di- rection and supervision of the City Manager and City Engineer, the same shall be accepted by the City Council of the City of Dubuque, and there- after all maintenance and repairs of this sewer shall be paid by the City of Dubuque. Section 6. After said sewer has been completed and the total cost thereof determined, such cost shall be certified as correct and filed in the office of the City Clerk, where the same shall remain as a permanent record. Any person or persons de- siring to connect with said sewer shall first apply to the City Council for permission so to do and such permission shall be granted upon con- dition that such property owner pay to the applicant herein, its succes- sors ar assigns, such a part of the total original cast of construction of said sewer as the linear feet of the property to be connected bears to the same, which cost shall not be in excess of that which may be levied upon property in the construction of sewers as provided by Statute. Section 7 That after said sewer has been constructed it shall not be removed or its free use interfered with by the grantee herein, its suc- cessors or assigns. Section 3. This Ordinance being deemed urgent and of immediate ne- cessity shall be in force and effect from and after its final passage, adoption, approval and publication as by law provided and when the cost in connection therewith has been nail by a;rantee herein and when the terms hereof are accepted by grantee herein which acceptance shall be endorsed hereon. Passed upon tirst reading this 31st day of Iamiary A. D., 1949. Passed upon final reading this 7th day oY February A. D.. 194A. FRANK VAN DUEL:6IAN Manor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen ATTEST: J. J. SHEA City Clerk ACCEPTANCE OF ORDINANCE N0, 2-49 St. Clara College having full knowledge and understanding of al] the terms and conditions of Ordi• Hance No. 2-49 hereby accepts the same as passed and agrees to com- ply wibh all the terms and condi- tions thereof. Executed this 12th day of Feb- ruary, 1949. ST, CLARA COLLEGE. By ELLEN COUGHLIN, (Sister Mary Samuel), President. By MARY FITZGERALD, (Sister M. De Ricci) Secretary. Published officially in the Tele• graph•Herald newspaper this 17th day of February, 1949. J. J. SHEA, City Clerk. it-Feb.17 Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen .Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No. 3.49. An Ordin- ance amending "Traffic Code" of the City of Dubuque by extending 12th Street Boulevard and by es- tablishing parking regulations on 12th Street between White and Central, said ordinance having been passed upon first reading on January 31st, 1949, and ordered placed on file with the City Clerk for public inspection for at least one week before itA final adop- tion, was presented for final adop- tion. ORDINANCE N0. 3.49 An Ordinance amending "TRAFFIC CODE" of the City of Dubuque by extending 12th Street boulevard and by establishing parking regulations on 12th Street between White and Central. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Sec. 1. That the "Traffic Code" of the City of Dubuque as amended, be ~md the same is hereby amendeJ as follows: BY striking from Ordinance No. 14.45, An Amendment to the "Traffic Cade" the following: "0. 12 Street from Main Street to Elm Street." and 'substituting therefor: "0. 12th Street from Locust Street to Elm Street" Zg Regular Session, February 7th, 1949 Sea 2. That the "Traffic Code" of the City of Dubuque, as amemled, be amended as follows: by adding after Subdivision "n." Section 4, Ordinance No. 20-47, the following: "o. Bath sides of 12th Street from White Street to Central Avenue." Sec. 3. This ordinance shall be in force and effect ten days from and after its final passage, adoption, and publication as ny law provided. Passed upon first reading this 31st day of January, 1949. Passed, adopted and approved upon final reading this 7th day of February, 1949. FRANK VAN DUELIIAN Mayor. F. w. TxoMPSON GEC. R. MURPHY ALBERT wHARTON 4V. w. MOFFATT Councilman Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this loth day of February, 1949. J. J. SHEA. City Clerk. Councilman Moffatt moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 5, 1949. To the Honorable Mayor and City Council. ,Dubuque, Iowa. Gentlemen: At a special meet- ing of the City Council of the City 01 Dubuque, Iowa held on January 13, 1949, a motion was adopted referring to me for investigation and report the matter of restrict- ing parking to one side of Rhom• berg Avenue from the Chicago Great Western Railroad Tracks to Marshall Street. I find the following conditions existent on Rhomberg Avenue: On the southeasterly side of Rhom- berg Avenue there are three gro- cery stores, one school and one tavern; on the northwesterly aide of Rhomberg Avenue there are sia grocery stores, four taverns, two drug stores, two gasoline stations, one barber shop and one shoe re- pair shop. There are useable alleys in the rear of the abutting property on both sides of Rhomberg Avenue from Kniest Street to Marshall Street. Rhomberg Avenue be- tween the curbs at the Chicago Great Western Railroad Tracks is 34 feet 4 inches in width; at Staf• ford Avenue 34 feet 4 inches in width; at Marshall Street 35 feet 4 inches in width. At Marshall Street Rhomberg Avenue widens out considerably in the northeaster- ly direction. There is a high accident prone area involving moving vehicles The same is true in hit and run cases involving properly p a r k e d cars being side swiped. Rhomberg Avenue is an Interstate bus route. It is a U. S. Highway leading into Wisconsin and points of greatinter- est in the City of Dubuque. A number of business people were interviewed. All agreed that traffic conditions were bad on Rhomberg Avenue. They atso re- gistered objections to complete re• striction, stating complete restric• tion would harm their business. It is my opinion that moving traffic on Rhomberg Avenue is great enough to be placed in the catagory of first consideraion. The business establishments should fall next in line. In view of my findings and giv- ing consideration to both vehicu- lar traffic and business interests, I herewith submit the following recommendation: That parking on the southeast- erly side of Rhomberg Avenue Prom the Chicago Great Western Railroad Tracks to Marshall Street be restricted not to exceed fif• teen (15) minutes. It is my opinion this will afford greater accessability to the busi- ness houses and eliminate the con• gestion caused by long time park- ing resulting in benefits to taffic conditions and business as well. Respectfully submitted, CHIEF JOS. H. STRUB, Polic Department Councilman Thompson moved that the recommendation of Chief of Police Strub be approved and the proper proceedings ordered prepared. Seconded by Council• man Murphy. Carried by the fol- lowing vote: Yeas -Mayor 1'an Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 4, 1949. Honorable Mayor and Members J i ~, (3 ~~ ~i~'~(~;x ~, . Regular Session, February nth, 1949 29 of the City Council of the City of Dubuque, Iowa Gentlemen: In Re: Petition of Mary Frances Brandt for Suspen- sion or Remission of taxes on ac- count of age ar infirmity on South 1~2 of Lot 162, East Dubuque Ad- dition, City of Dubuque, Iowa. I recommend that the petition be approved and notification of the approval thereof by the City Coun- cil be given to the Board of Su- pervisors of Dubuque County, I owa. Yours truly, John J. Kintzinger City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kinztinger be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Coun- cilman Murphy, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 4, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and desire to have your ap• proval on same for filing: EXCAVATION Key City Gas Company 669 Main Street; Bond No. 735673, The Fi• delity & Casualty Co. of N. Y, Louis Buechel, 2230 Central Av- enue; Bond No. 30418, Fidelity & Deposit Co. Respectfully submitted, A. A. Rhomberg, City Manager Councilman Thompson moved that the bonds be approved and placed on file. Seconded by Coun• Gilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. February 4, 1949. ', Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The 1929 S n o g o used in snow removal work is in urgent need of replacement. I recommend that sealed bids be solicited from manufacturers or their agents for the furnishing of one blower type of snow re• moval machine capable of blowing snow the full width of roadways as well as able to load snow into trucks, Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 7, 1949. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council Meeting held January 31, the City Manager and Chief of Police were requested to furnish date and in- formation as to whether or not the Police Department can be operat• ed under the present setup on a forty hour work week and that said report be presented to the Council at its next meeting. In compliance with such request, the following report is presented. The budget for the current fis- cal year, which began April 1, 1948, and will end March 31, 1949, was adopted by an ordinance of the Citq Council on March 19, 1948 and appropriated $135,824.20 for the Police Department of which :$125,149.20 was appropriated for the payment of salaries o1 44 mem• hers of the Department, which in- cludes two policewomen. At pre• sent there are forty-two in the De- partment, one recent recruit hav- ing resigned on February 5th after having started in the Fire depart- ment prior to being on the Police Department. The Civil Service eli- gible list is exhausted and a new list will not be available until af- ter eaaminations are held in April, 3o Regular Session, February 7th, 1949 The present working arrange went on a forty-eight hour, six day work week is as follows: Shift from 4 a.m. to 12 noon-eight men including one captain, one sergeant one detective and one police court clerk with four patrolmen. Shift from 12 Noon to 8 p.m.-eight men including one Captain, one ser- geant, one man at the Violations Desi:, one foot patrolman and four ', men assigned to prowl cars. Shift from 8 p.m, to 4 a.m.-eighteen men including one captain, one sergeant six men in prowl cars and ten patrolmen on foot. The following special details are also operated: Shift from 9 a.m. to 5 p.m.-two men an three•wheel motorcycles for the regulation of parking. Two shifts, one From 10 a.m. to 6 p.m. and another from 6 p.m. to 2 a.m.-two men on each shift for accident investigation. It is evident that a given number of people working a forty hour, five day work week will make available 1~6 less total man hours of police work than the present system of a forty-eight hour, six day work week. This would re- sult in less service to the public. Since there has been a continu- ing demand for more police ser- vice in our growing community, we would hesitate to recommend anything that would diminish such service and we take leave to point out the other alternative. To maintain the same amount of police service as at present with a forty hour, five day work week, an additional six men, one additional car and one additional three•whee] motorcycle would be required at a probable increased cost to the Police Department of about $20,000.00 per year. A. A. RHOMBERG, City Manager. J. H. STRUB Chief of Police. Councilman Thompson moved that the communication of City Manager Rhomberg and Chief of Police Strub be referred to the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Wharton moved that- the City Manager and Chief of Police be instructed to submit a recommendation to the City Coun- cil or. the matter of a 40 hour work- week for the Police Department. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 7th, 1949 Mr. A. A. Rhomberg, City Manager and City Council, Dubuque, Iowa Gentleman: Attached is a copy of the United States Public Health Service Code regulating eating and drinking establishments. We feel that there is a definite need for regulating the eating plac- es in the city which will be for the betterment of the health of the community. We submit this code to the City Council for their consideration and we hope that it will meet with your approval and be adopted. Yours truly, ALBERT J, ENTRINGER, MD Director of Health, Health Department, Dubuque, Iowa Councilman Murphy moved that the communication of Health Di- rector Entringer together with the Service Code be referred to the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 15.49. Wheras, a Petition has been filed with the City Council asking that the premises at 2108 North Main Street be rezoned so as to con- vert the building located on said premises into a multiple dwelling; and Whereas, said Petition was duly referred to the Planning and Zon- 1 " , ;;, ~' i 6 I Regular Session, February 7th, 1948 31 ing Commission of Dubuque for investigation and report; and Whereas said Planning and Zon• ing commission has filed its report, and Whereas, before the zoning map and zoning ordinance of the City of Dubuque may be changed, it is necessary that a public hearing be held theron; and Whereas, the City Council deems it advisable to hold such public hearing. NOW, therefore, be it resolved by the City Caunctl of the City of Dubuque: That there should be a public hearing on the question of rezoning from Two Family to Multiple Res- idence classification the following described property located in the City of Dubuque: "From a point at the center line of Kaufmann Avenue one hundred feet westerly of the west line of Central Avenue; thence westerly along the center line of Kaufmann Avenue to a point one hundred feet westerly of the west line of North Main Street; thence southeasterly along a line one hun- dred feet westerly and parallel to North Main Street to the southerly line of Lot Forty-eight Marsh's Addition; thence easterly .along the southerly line of Lat Forty- eight Marsh's Addition t o and across North Main Street to and easterly along the southerly line of Lot Twenty-two and Lot Nine Marsh's Addition to and across Heeb Street to and easterly along the southeriy line of Lot Faur L. H. Langworthy's Addition to a point one hundred feet westerly of of Central Avenue where same intersects the present business dis- trict." That the time and place for said public hearing be, and the same is hereby fixed for 7:30 o'clock p.m., on the 2Sth day of February, 1949, in the City Council Chamber, Gity Hall, Dubnque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the Telegraph Herald, the of• ficial newspaper in the City of Dubuque, notice of such hearing, the same to be so published so as to leave not less than 15 days between the day of such publica- tion and the day fixed for said hearing, and that said notice shall contain among other things, the provision that any and all parties in interest and any and all citi- zens shall have an opportunity to object and be heard. Passed, adopted and approved this 7th day of February, 1949. FRANK VAN DUELMAN Maycr F. W. THOMPSON GEC. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson, Car ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 16.49 Be it resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relat- ing to the sale of cigarettes with- in the city of Dubnque, 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. Orland C. Driscoll and Kermit Meyers; 244 West First Street Melville L. Donovan; 2528 Cen- tral Avenue. Be it further resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 7th day of February, 1949, FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA Gity Clerk. Councilman Thompson moved the adoption of the resolution. I i 32 Regular Session, February qth, 1949 Seconded by Councilman Moffatt. I Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen, Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. t749 Whereas, applcatfons for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, therefore, Be it resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Orland C. Driscoll and .Kermit Meyers; 244 West First Street. CLASS "C" PERMIT Nicholas J. Kopp; 253 East 21st Street. Passed, adopted and approved this 7th day of February, 1949. FRANK VAN DUELMAN. Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Attest: J, d. SHEA I CITY CLERK. Councilman Moffatt moved the ' adoption of the resolution. Sec•I, onded by Councilman Murphy. Car ried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, • M u r p h y, Thompson, Wharton. Nays-None. RESOLUTION N0. 1&49. Whereas, heretofore applications for Beer Permits were filed bq the within named applicants and they Gave received-the approval of this Council; and Whereas, the premises to be oc• copied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond; Now, therefore, Be it resolved bq the Council of the City of Dubuque that the Manager be and he is hereby di• rected to issue to the following named applicants a Beer Permlt. CLASS "B" PERMIT Orland C. Driscoll and Kermit Meyers; 244 West First Street CLASS "C" PERMIT Nicholas J. Kopp; 253 East 21st Street Be it further resolved that the bonds filed by such applicants be and the same are herby approved. Passed, adopted and approved this 7th day of February, 1949. FRANK VAN DUELMAN Mayor. y F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J, J. SHEA City Glerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0, 19.49 Preliminary approval of propos• ed plans, specifications, form of contract, plat and schedule and all other documents for the im• provement of Tressa Street from the east property ine of Esther Street to the west property line of McLenan Street, estimated cost $7,- 113.67, presented and read. Council- man Wharton moved the adoption of the resolution. Seconded b y Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 2449 Whereas, proposed plans, speci• fication, form oY contract, plat and schedule have been duly prepared and approved by the City Coun• cil of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 1 I G,,: Regular Session, February qth, 1949 33 3. The width at such improve- ment. 4. Each lot proposed to be as• sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stat• ing the same for each different type of construction and kind of material to be used. 6. In each case the amount there of which is estimated to be as• sessed against each lot, Yor the improvement o1 Tressa Street from the east property line of Esther Street to the west property line of McLenan Street. `~r k, i; Be it therefore resolved that the City Council on its own motion or upon petition of property own• ers, deems it advixable and necea• nary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideraton of this proposed resolution have on file with the City Clerk objections to the amount of the porposed assessments, they shall be deemed to hav waived all objections there- to. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvements will be assessed upon and against all privately owned property lying within assessable distance, provid• ed by law and in an amount not to exceed the amount provided by law, property will be assessed whe• then the same abuts thereon or ie adjacent thereto according to area and in. proportion to the special benefits conferred therby, and any deficiency shall be paid out of the general fund, improvement funds ar sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plat- ed on file with the City Clerk this 7th day of February, 1949. FRANK VAN DUELMAN. Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Counc[lman Moffatt moved that the resolution be approved and placed on file for flnal action. Seconded by Councilman Whar- ton. Carried by the following vote. Yeas -Mayor Van Duelman, Councilmen, Moffatt, Murphy, Thompson, Wharton, Nays-None. RESOLUTION N0. 21.49. Whereas the City Council of the City of Dubuque, Iowa, has by Resolution No. 19.49 given its pre- liminary approval on the propos• ed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the im• provement of Tressa Street from the east property line of Esther Street to the west property line of McLenan Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now in the Cfty Clerk's office for public inspection, Be it therefore resolved that on the 28th day of February 1949, a public hearing will be held at 7:30 p.m. in the Council Chamber o[ the City of Dubuque at which time the owners of property sub• jest to assessment for the pro• posed improvement may appear and make abjection 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 ouch 34 Regular Session, February nth, Ig49 hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objectons and enter on record its final decision theron. Passed, adopted and approved this 7th day of February 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest J. J. SHEA City Clerk Councilman Thompson moved the adoption of the resolution, Se- conded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 22.49 Preliminary approval of propos- ed plans, specifications, from of contract, plat and schedule and all other documents for the improve- ment of Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Street, estimated cost $3,- 1)<4.30, presented and read. Coun- cilman Wharton moved the adop- tion of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, M u r p h q, Thompson, Wharton. Nays-None. RESOLUTION N0. 2319 Whereas, proposed plans, speci- fications, farm of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the porpased improvement, stating the same for each different type of construction and kind of materi• al to be used. 6. In each case the amount there of which is estimated to be as- sessed against each lot, for the improvement of Esther Street from the South curb line of Mt. Loretta Avenue to the north curb line of Tressa 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 assessments, they shall be deemed to have waived all objections there- to. Said imrpovement 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 assesed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the genera] fund, improvement funds or sewer fund, or partly out of each of such funds. # `.. a, i. i }i"; ~, c. Regular Session, February yth, 1949 35 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 re• solution was introduced, approved and ordered placed on file with the City Clerk this 7th day of February, 1949. Approved: FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT 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 Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 2449 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 22.49 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, far the im- provement of Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Be it therefore resolved that on the 2Sth day of February 1949, a public hearing will be held at 7:30 o'clock p.m. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the propos- ed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its con- sideration and unless property owners at the time of final con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all ob• jections thereto, at which hearing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved, this 7th day of February, 1949. FRANK VAN DUELMAN F, W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 25.49 Preliminary approval of propos- ed plans, specificatons, form of contract, plat and schedule and all other documents for the im- provement of Valleyview R o a d from the west property line of B4orningview Road to the east pro- perty line of Avalon Road, estimat- ed cost $3,226.13, presented and read. Councilman Murphy moved the adoption of the resolution. Sea onned by Councilman Wharton. Carried by the following vote: Yeas. - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. 36 Regular Session, February qth, 1948 RESOLUTION N0. 26.49 Whereas, proposed plans, speei- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque, and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ent. 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 materi- al to be used. 6. In each case the amount there of which is estimated to be as- sessed against each lot, for the improvement of Valleyview Raad from the west property line of Morningview Road to the east pro- perty line of Avalon Road. Be it therefore resolved that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared 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 im- provement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- tc according to area and in pro- portiou to the special benefits con- ferred thereby, and any deficiency shall be paid out of the genera! fund, improvement funds or sew- er funds, or partly out of each of such finds. Bonds shall be issued and sold in anticipation of defer- red payments of assessments when a contract has been performed and accepted and the proceeds there- of used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed an file with the City Clerk this 7th day of February, 1949. Approved: FRANK VAN DUELMAN F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MCFFATT 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 Murphy. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 27.49 Whereas, the City Council of Dubuque, Iowa, has by Resolution No. 25.49 given its preliminary approval on the proposed plans specifications and form of contract and placed same on Yile in the office of the City Clerk for public inspection, for the improvement of Valleyview Road from the west property 1 i n e of Morningview Road to the east property line of Avalon Road 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 28th day of February, 1949, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City oP Dubuque at which time the owners of property ~: ~, ~~ ~._ y i ri a 11 Regular Session, February 7th, 1949 37 subject to assessment far the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed Yorm 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 cty 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 re- solution have on file with the with Clerk objections to the amount of the proposed assessment they shall have been deemed to have waived al] objections therto, at which hearng the Council will hear such objections and enter on record its final decision there on. Passed and adopted and approv- ed this 7th day of February, 1949, FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Attest: J. J, SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second• ed ny Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 28.49 Preliminary approval of propos• ed plans, specifications, form of contract, plat and schedule and all other documents for the im• provement of Broadlawn Road from the south property line of Asbury Road to the north property line of Hillcrest Road, estimated cost $6,- 713.23, presented and read. Council- man Thompson moved the adoption of the resolution. Seconded b y Ceuncilman Wharton. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 29.49. Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: i. The boundaries of the district, if any, 2. The streets to be improved. 3. The width of such improve- ment. 4. Each ]ot proposed to be as- sessed together with a valuation fxed 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 materi- al to be used. 6. In each case the amount there of which is estimated to be as- sessed against each lot, for the improvement of Broadlawn Road from the south property line of Asbury Road to the north proper- ty line of Hiilcrest Road. Be it therefore resolved that the City Counci] on its own motion or upon petiton 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 oY the final consideration of this proposed re• solution have on file with the City Clerk objection to the amout of the proposed assessments, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been .approved by the City Council and are now on file wth the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and ~1 38 Regular Session, February 7th, 1949 against all privately owned pro perty lying within assessable dis• fonts provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent therto 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 such funds. Bonds shall be issued and sold in antcipation 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- doted, approved and ordered pla~- ed on file with the City Clerk this 7th day of February, 1949. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Ceuncilman Moffatt moved that the resolution be approved and placed on file for final acton. Sec- onded by Councilman Murphy. Car• Tied by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 3a49 Whereas, the City Councl of the City of Dubuque, Iowa, has by Resolution No. 28-49 given i t s preliminary approval on the pro• posed plans specifications and form of contract and placed same on fife in the office of the City Clerk for public inspection for the im- provement of Broadlawn Road from the south, property line of Asbury Road to the north property line of Hilicrest Road and, Whereas, the proposed Resolu- tion of Necessity far said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Be it therefore resolved that on the 2Sth day of February, 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 'subleGt to assessment for the proposed improvement may appear and make objection to the propos• ed plans and specifcations and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne• cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor mare than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived. all objections thereto, at which hearing the council will re- hear such objections and enter on record its foal decison thereon. Passed, adopted and approved this 7th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen, Attest: J. J. SHEA City CJlerk. Councilman Murphy moved the adoption of the resolution. Sec• owned by Councilman Thompson. Carried by the followng vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 31.49 Preliminary approval of propos- ed plans, specifications, form of contract, plat and schedule and all other documents for the improve- ment of Hilicrest Road from the west property line of Asbury Road ~~ I i ~i, ',I,' 'rr ~~~ i Regular Session, February 7th, 1949 39 to the east property line of Ava- lon Road, estimated cost $7,955.29, presented and read. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen, Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 32.49 WHEREAS, proposed p 1 a n s, specifications, form of c o n t r a c t, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4, Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind oP materi- al to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the improvement of Hilicrest Road from the west property line of Asbury Road to the east property line of Avalon Road. BE IT THEREFORE RESOLV• ED that the City Council on its own motion or upon petiton of property owners, deems it advis• able and necessary far the public welfare to make the herein men• tinned 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 therto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and agaiust all privately owned pro• perty lying within assessable dis• fonts provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred pay menu of assessments when a con- tract has been performed and ac• cepted and the proceeds thereof used to pay the contractor. The above resolution was intro- doted, approved and ordered plat- ed on file with the City Clerk this 7th day of February, 1949. Approved: FRANK VAN DUELMAN Mayor F, W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT 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 Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 33.49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 31.49 given its pre• liminary approval on the proposed plans specifications and form cY contract and placed same on file in the office of the City Clerk far public inspection, for the im• provement of Hilicrest Road from 4o Regular Session, February 7th, 1949 the west property line of Asbury Road to the west property line of Avalon Road. And, WHEREAS, the proposed Resolution of Necessity for said im- provement has been introduced, and is now on file in the City Clerk's office for public inspec- tion. BE IT THEREFORE RESOLV• ED that on the 28th day of Feb- ruary, 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 proposed improvement may appear and make objection to the proposed plans and speciYications 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 hear- ing to be published in some news- paper 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 u n l e s s property owners at the time of final consideration of said resolu• lion have on file with the Clerk objections to the amount of pro- posed assessment, they shall have been deemed to have waived ail objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Murphy moved the adoption of the resolution. Second- I ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Mu r p h y, 'hhompson, Wharton. Nays-None RESOLUTION NO. 3449 Preliminary approval of propos• ed plans, specifications, form of contract, plat and schedule and all other documents for the im- provement of Ogilby Road Yrom the south property line of Asbury Road to the north property line of Hillcrest Road, estimated cost $5,085.48, presented and read. Councilman Moffatt moved t h e adoption of the resolution. Second- ed by Councilman Wharton. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Necessity for Improvement) RESOLUTION N0. 35.49 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the City of Dubuque and are now on Yile in the office of the City Clerk showing among other things the following: 1. The boundries of the district, it 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 coat of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount therof which is estimated to be assessed against each lot, for the improvement of Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to )` ~~ r~x~ ,f,. Regular Session, February 7th, 1949 41 make the herein m e n t i o n e d im• provement and unless p r o p e r t y owners at the time of the final consideration of this propose d resolution have on file with the City Clerk objections t o t h e amount of the proposed asses s- ments, they shall be deemed to have waived all objections thereto Yeas - Mayor Van Duelman, Councilmen, MoYfatt, Murphy, Thompson, Wharton. Nays-None. r Said improvement shall be con- stru~ted 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 ~j the City Clerk. That the cost and expense oY making said improve- ment will be assessed upon and ~ against all privately owned pro- ` party lying within assessable dis• lance provided by law and in an amount not to exceed t h e amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any defi- ciency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Improvement bands shall be issued and sold in t anticipation of deferred payments ~ of assessments when a contract has been performed and accepted I and the proceeds thereof used to pay the contractor. The above resolution was intro~ l doted, approved and ordered plac- ed on file with the City Clerk this 7th day of February, 1949. Approved and placed on file for final action. Approved: FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON ~ W. W. MOFFATT Councilmen. RESOLUTION N0. 36.49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No., 34.49 given its pre- liminary approval on the proposed plans speciYications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the im- provement of Ogilby Road from the south property line of Asbury Road to the north property line of Hill• crest Road Attest: J. J. Shea, City Clerk. Councilman Thompson moved that the resolution be approved " and placed on file for final action. Seconded by Councilman Moffatt. Carried by the following vote: i ~~ , S` +' d r u,, And WHEREAS, the proposed Resoiution of Necessity for said improvement has been introduced and is now o^ file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLV- ED, that on the 28th day of February, 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 proposed im• provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries oY the proposed district, to the cost aP the improvement, to the amount proposed to be assess- ed against any lot and to the passage of the proposed Resolu• lion of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place oY such hearing to be pub- lished in some newspaper publish- ed in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day Yixed far its con- sideration and unless property owners at the time of final con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed as• seasmenta, they shall have been deemed to have waived all obje~~ lions thereto, at which hearing the Council will hear such objections and enter on record its final de- cision thereon. 4a Regular Session, February 7th, 1949 Passed, adopted and approved on this 7th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None, RESOLUTION N0. 37.49 Preliminary approval o f pro- posed plane, specifications, form of contract, plat and schedule and all other documents for the im• provement of Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road, estimated cost $4,765.82, presented and read, Councilman Murphy, moved t h e adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the Following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Necessity for Improvement) RESOLUTION N0. 38.49 WHEREAS, proposed plan s 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 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 coat 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• seased against each lot, for the improvement of Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road. BE IT THEREFORE RESOLV• ED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary far the public welfare to make the here- in mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deem- ed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cast and expense of making said im- provement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the 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. Improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds therof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 7th day oY February, 1949. Approved. and placed on file far final action. ~~ ,T ~. ~tsr 0 i °; ~' ~~3-', - ~~~ ~., k Regular Session, l Approved: FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved that the resolution be approved and placed on Pile for final action. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, M n r p h y, Thompson, Wharton. Nays-None. RESOLUTION N0. 39.49 WHEREAS, the City Council of Dubuque, Iowa, has by Resolution No. 37.49 .given its preliminary approval on the proposed plans specifications and Yorm of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road, And, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLVED that on the 28th day of Feb- ruary, 1949, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber i n the City of Dubuque at w h i c h time the owners of p r o p e r t y subject to assessment for the pro- posed improvement may appear and make objection to the propos• I ed plans and specifications ands' proposed form of contract and at l'' the same time to the boundaries ' of the proposed district, to the I cost of the improvement, to the ~' amount proposed to be assessed ~'I againt any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the ebruary qth, 1949 43 city of Dubuque, the last oY which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera- tion and unless property owners at the time of Yinal consideration of said resolution have on file with the Clerk objections to the I amount of the proposed asgess• went, they shall have been deem- ed to have waived all objections thereto, at which hearing the Coun• cil will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car ried by the following vote: Yeae- Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Whar- ton, Nays-None. RESOLUTION N0. 4449 Preliminary approval of propos- ed plans, specifications, form of contract, plat and schedule and all other documents .................... for the constriction of sani- tary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimit- ed by Ordinance No. 23.48. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main far the Bradley Street Sew- er District. The eight (8) inch sewer line begins at the lift sta- tion located on the center line oY the alley first south of Bradley Street 227 feet westerly of the west line of Henderson Street and proceeds easterly along the center line of said alley to a point op- posite the line between lots num- bered 14 and 15 of Biock 9 of Grandview Park; also an eight (8) 44 Regular Session, February qth, 1949 inch sanitary sewer beginning at said lift station and proceeding northerly across lot number 6 of Block 10 of Grandview Park along a line five feet westerly from the parallel to the easterly line of said lot to manhole number 4 at the center of Bradley Street; thence westerly along the center line of Bradley Street to a point opposite the center line of lot 47 of Grandview Place; also an eight (8) inch sanitary sewer from man- hole number 4 northerly a dis- tance of 10 feet; thence easterly in Bradley Street along a line 9 feet south of and parallel to the northerly line of Bradley Street to a point apposite the line between lots numbered 22 and 23 of Block 3 of Grandivew Park. The six (6) inch cast iron force main begins at the lift station and proceeds easterly along the alley first south of Bradley Street to a point in Henderson Street 15 feet west of the east line of said street; thence northerly in Henderson Street to the existing sanitary sewer in Grandview Avenue; also an eight (8) inch vitrified sewer pipe over- flow line begins at said lift sta- tion and proceeds in a southerly direction across portions of lots numbered 22, 23, 24 and 2b of Block 10 of Grandview Park across vacated Perry Street and continuing across a portion of lots numbered 8, 9, and 10 of Block 11 of Grandview Park, across the vacated alley between Blocks 11 and 17 of Grandview Park and con- tinuing across a portion of Block 17 of Grandview Park to its term- inal point at a distance of 532 feet from said lift station. Estimated cost $31,279.90, pre- vented and read. Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 41--49 WHEREAS, proposed p 1 a n s, specifications, farm of c o n t r a c `., 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. Size and kind of sewers. 3. Each lost proposed to be as• sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same far each different type of construction and kind of ma- terial 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 sanitary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimited by Ordinance No, 23 -48. The improvement shall consist of the construction of an eight {8) inch sanitary sewer, lift station and six (0) inch cast iron force main for the Bradley Street Sewer District. The eight (8) inch sew- er line begins at the lift station located on the center line oY the alley first south oP Bradley Street 227 feet westerly of the west line of Henderson Street and proceeds easterly along the center line of said alley to a point opposite the line between lots numbered 14 and 15 of Block 9 of Grandview Park; also an eight (8) inch sanitary sewer beginning at said lift sta- tion and proceeding northerly across lot number 0 of Block 10 of Grandview Park along a line five feet westerly from and para- llel io the easterly line of said lot to manhole number 4 at the cen- ter of Bradley Street; thence west- erly along the center line of Brad• ley Street to a point opposite the center line of lot 47 of Grand- view Place; also an eight (8) inch sanitary sewer from manhole num- ber 4 northerly a distance of 16 feet; thence easterly in Bradley Street along a line 9 feet south of and parallel to the northerly line of Bradley Street .to a point 1;; ~~. i -: ~' t t I 'i Regular Session, February qth, 1949 45 opposite the line between 1 o t s numbered 22 and 23 of Block 3 of Grandview Park. The six (8) inch cast iron force main begins at the lift station and proceeds easterly along the alley first south of Bradley Street to a point in Henderson Street 15 feet west of the east line of said street; thence northerly in Henderson Street to the existing sanitary sewer in Grandview Avenue; also an eight (8) inch vitrified sewer pipe ov- erflow line begins at said lift sta- tion and proceeds in a southerly direction across portions of lots numbered 22, 23, 24 and 25 of Block 10 of Grandview Pard across vacated Perry Street and contin• uing across a portion of lots num- bered 8, 9, and 10 oP Block 11 of Grandview Park, across the va- cated alley between Blocks 11 and 17 of Grandview Park and continu- ing across a portion of Block 17 of Grandview Park to its termin- al point at a distance of 532 feet from said lift station, BE IT THEREFORE RE50LV- ED that the City Council on its own motion or upon petition of property owners, deems it ad• visable and necessary for t h e public welfare to make the herein mentioned improvement, and un• less 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 asses s- 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 specification 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 coat and expense of making said improve- ment will be assessed upon and against al] privately owned pro• perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac• cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Improvement Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 7th day of February, 1949. Approved and placed on file Yor final action. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Moffatt. Car• ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 42.49 WHEREAS, the City Council of the City of Dubnque, Iowa, has by Resolution No. 40.49 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 con• struction of sanitary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimited by Ordinance No. 23 -48. The improvement shall consist of the construction of as eight (3) inch sanitary sewer, lift sta• lion and six (8) inch cast iron force main far the Bradley Street Sewer District. The eight (8) inch sewer line begins at the lift sta- tion ' ~cated on the center line of 46 Regular Session, February 7th, 1949 the alley first south of Bradley Street 227 test westerly of the west line of Henderson Street and proceeds easterly along the cen- ter line of said alley to a point opposite the line between lots num- bered 14 and lb of Block 9 0[ Grandview Park; also an eight (8) inch sanitary sewer beginning at said lift station and proceeding northerly across lot number 6 of Block 10 of Grandview Park along a line Pius feet westerly from and parallel to the easterly line of said lot to manhole number 4 at the center. of Bradley Street; thence westerly along the center line of Bradley Street to a point opposite the center line of lot 47 of Grandview Place; also an eight (8) inch sanitary sewer Yrom manhole number 4 northerly a distance of 16 teat; thence easterly a dis- tance of 16 feet; thence easterly in Bradley Street along a line 9 feet south of and parallel to the northerly line of Bradley Street to a point opposite the line between lots numbered 22 and 23 oY Block 3 of Grandview Park. The six (6) inch cast iron force main begins at the lift station and proceeds easterly along the alley Yirst south of Bradley Street to a point in Henderson Street 15 feet west of the east line of said street; thence northerly in Henderson Street to the existing sanitary sewer i n Grandview Avenue; also an eight (8) inch vitrified sewer pipe over- flow line begins at said lift station and proceeds in a southerly direc- tion across portions of lots num- bered 22, 23, 24 and 25 of Block 10 of Grandview Park, across va- cated Perry Street and continu- ing across a portion oP lots num- bered 8, 9, and 10 of Black 11 oP Grandview Park, across the vacat- ed alley between Blocks 11 and 17 of Grandview Park and continu- ing across a portion of Block 17 of Grandview Park to its terminal point at a distance oY 532 feet Prom said lift station, And, WHEREAS, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 28th day of February, 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 proper- ty subject to assessment for the proposed improvement may appear and make objection to the propos• ed plan and specifications and pro- posed farm 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 Necessi- ty and the City Clerk be and he is hereby directed to cause a na tics of the time and place of ouch 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 re• solution have on file with the Clerk objections to the amount of the proposed assessment, the y shall have been deemed to have waived all objections therto, at which hearing the Council w i 11 hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of February, 1949. FRANK VAN DUELMAN Mayor GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, M u r p h t', Thompson, Wharton. Nays-None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Moffatt, Carried by the fallowing vote: ,~ )' !` ~' F. t ~) . r; a i,.. r klt I~ ~h~4: Regular Session, February 7th, 1949 47 Yeas -Mayor Van Duelman, Councilman, Moffatt, Murphy, Thompson, Wharton. Nays-None. J. J. SHEA. City Clerk. Approved ............................. 1949. Adopted ............................. 1949. 48 Speaal Session, February a8th, 1949 City Council (Official) Special Session, February 28th, 1949, Council met at 7:30 P.M. Present -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Mana• ger Rhomberg. Meeting called by order of Caun• cilmEn Murphy and Thompson. Mayor Van Duelman read the call and stated that service there- of had been duly made and that this meeting is called for the pur• pose of conducting a public hear- ing upon various street and aew• er improvements, also for conaid• Bring the bids received for the construction of The Dubuque Mu• nicipal Airport Access Road and for the furnishing of snow removal apparatus and acting an any oth• er business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of hearing upon the plans and spe• cificatione, form of contract and cost of improvement for the im• proving of Tressa Street from the East property line of Esther Street to the West property line of McLenan Street, presented and read. Councilman Thompson moved that the proof of publication be re• ceived and filed. Seconded by Councilman Murphy. C a r r i e d by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication certified to by the publishers, of notice o[ pendency of resolution of neces- sity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the improving of Tressa Street from the East property line of Es• Cher Street to the West property line of McLenan Street, presented and read. Councilman Wharton moved that the proof of publica- tion be received and filed. Sec• ~ onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pre• sent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Moffatt. Carried by the fol• lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Edward D. Walker et al submitting written protest to the proposal to build curbs and gutters on Tressa Street and on Esther Street on the basis of the high estimated cost, presented and read. Mrs. Robert McCarron et al addressed the Council objecting to the proposed improvement of Tres• sa and Esther Streets. Mr. H. L. Poole et al addressed the Coun• cil iu. support of the proposed im• provements of Tressa and Esther Streets. Councilman W h a r t o n moved that the petition be re• ceived and Tiled. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None, (Decision of Council upon ob• jections to plans, specifications, form of contract and coat of im• provements.) RESOLUTION fVO. 4349 WHEREAS, proposed plans and specifications and form of con• tract Yor the improvement of Tres• sa Street from the east property line of Esther Street to the west property line of McLenan Street have been approved by the City Council of the City of Dubuque and public notice given as provid• ed by Chapter 391 of the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing cf all objections to said plans, apeci• i i~it I ~; ~~~~`~~, Special Session, February z8th, 1849 49 fications of contract for the cost of such improvements, said time being this 28th day of February, 1949; and WHEREAS, the City Council met in Special session this 28th day of February, 1949, at 7:30 o'clock P.M. at the Council Chambers in the City Hall far the purpose oP 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 coat of the improve- ment herein described and propos- ed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci• fications, contract for or cost of said improvement herein describ• ed and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore a p- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution, containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record i n connection with said improvement. Passed, adopted and approved this 28th day of February, 1949, FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J, SHEA City Clerk. Councilman Murphy moved that the resolution be adopted. S e c• onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 20-149 (Necessity for Improvement} WHEREAS, proposed plans spec- ifications, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as• sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mateei• al to be used. 6. In each case the amount there- of which is estimated to be as• sessed against each lot, far the im• provement of Tressa Street from the east property line of Esther Street to the west property line of McLenan Street BE IT THEREFORE RESOLVED 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• tinned 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 as~ess~ menu, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im• provement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount So Special Session, February 28th, 1949 provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds or partly out of each of said funds. Bonds shall be used and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds there- of used to pay the contractor. The above resolution waa intro- doted, approved and ordered plac- ed on file with the City Clerk this 7th day of February, 1949. The foregoing resolution was finally passed and adopted, as pro posed, by the City Council this 28th dap of February, 1849. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Ordering Construction) RESOLUTION N0. 44.49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant ~o a resolution of necessity No. 20.49 which was duly passe d by this Council, for the improve• went of Tressa Street from the east property line of Esther Street to the west property line of Mc- Lenaa Street be and the same are hereby ordered and construct• ed by this Council upon its own motion with or without the peti- tion of property owners. All the work shall be constructed in ac• cordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments again- st the privately owned property ly- ing 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 propor• tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve• went, ar sewer funds of the city, or partly from each oP such funds. Payment wilt be made to the contractor out of funds realiz- ed from the sale of bonds to be issued in anticipation of deferred payments of assessments as pro- vided 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 la hereby ordered and directed to advertise for proposals for the con- struction oY the various improve• menu herein provided by Iaw, the said improvements shall be com- pleted on or before 30 calendar days after date of contract. BE IT FURTHER RESOLVED that this resolution being dewed ur• gent and of immediate necessity shall be in force and effect from and a.Pter its passage and adoption by the City Council. Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Attest: J. J. SHEA City Clerk. ' Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Dueiman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. r Special. Session, February 28th, 1949 51 Proof of publication, certified to by the publishers, of notice oY hearing upon the plans and speci- ficatians,form of contract and cost of improvement for 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. Coun- cilman Wharton moved that the proof of publicatio^ be received and filed. Seconded by Council• man Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of notice oY pendency of resolution of necee- sity and hearing upon proposed plans and specifications, form of contract and coat of improvement for the improving of father Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Streets, presented and read. Councilman Murphy moved that the proof of publica- tion be received and filed. Second- ed by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Decision of Council upon ob• jections to plans specifications, form of contract and cost of im• provements.) RESOLUTION N0. 45.49 WHEREAS, proposed plans and specifications and form of contract for the improvement of Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Street have been approved by the City Coun- cil of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing oP all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 28th day of February, 1949; and WHEREAS, the City Council met in Specia] session this 28th day of February, 1949, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, ali interested parties have been given an opportunity to by heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the Gity Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or coat of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to tj}e plans, specifications and form of coutract for or cost of said im• provement be made a matter of per- manent record in connection with said improvement, Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J, SHEA City Clerk. Councilman Thompson moved the adoption of the resolution, Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy , Thompson, Wharton. Nays-None. i i i 52 Special Session, F (Necessity for Improvement) RESOLUTION N0. 23~F9 WHEREAS, proposed p 1 a n s, 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 oth- er things the following: 1. The boundries of the district, if any. 2. The streets tc be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as• sassed 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 materi• al to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Esther Street from the south curb line of Mt. Loreb to Avenue to the north curb line of Tressa Street BE IT THEREFORE RESOLV- ED that the Clty Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con• sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement s h a 11 be constructed and done in accord- ance with the plans and specifi- cations 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 up- on and against all privately owned property lying within assessable distauce provided by law and in an amount not to exceed the amount provided by law, property will be assessed tivhether the same abuts 28th, 1949 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 pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 7th -day of February, 1949. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Ordering Construction) RESOLUTION N0. 46.49 BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE that pursuant to a resolution of necessity No. 23.49 which was duly passed by this Council for the improvement of Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore adapted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the t ~, i` i ~: 1 4 Special Session, February 28th, 1949 53 said improvements be paid for be levying assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sew- er funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed a n d 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 o;• before 30 calendar days after date of contract. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shah be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Counci]men. Attest J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Ir'ays -None. Proof of publication, certified to by the publishers, of notice of hear- ing upon the plans and specifica- tions, form of contract and coat oY improvement for the improving of Valleyview Road from the west .property line of Morningview Road to the east property line of Ava- lon Road, presented and read. Councilman Moffatt moved that the proof of publication be re- ceived and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen, Moffatt, M p r p h y, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans and specifications, form cf contract and cost of improvement for the improving of Valleyview Road from the west property line of Morningview Road to the east property line of Avalon Road, pre- sented and read. Councilman Thompson moved that the proof of publication be received and fil- ed. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Decision of Council upon ob- jections to plane, specifications, form ofcontract and cost of im- provements.) RESOLUTION N0. 47.49 WHEREAS, proposed plans and specifications and form of con- tract for the improvement of Val- leyview Road from the west pro- party line of Morningview Aoad to the east property line of Avalon Road have been approved by the Citp 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 28th day of Feb• ruary, 1949; and WHEREAS, the City Council met in Special session this 28th day of February, 1949, at 7:30 o'clock P. -~ I 54 Special Session, February 28th, 1949 M. at the Council Chambers in the City Hall for the purpose of hearing al] interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con• tract for or cost of the improve- ment herein described and pro posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spe- cifications and contract for or cast of said improvement herein de• scribed and proposed to be made, be and the same are hereby over- ruled and suoh plans, specifications and form of contract heretofore ap• proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said im• provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second• ed by Councilman Wharton. Car- ried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Necessity for Improvement) RESOLUTION N0. 261}9 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the City of Dubuque and are uow on file in the office of the ~~~~~ .. ~ I ii liiiiiiii ~~ I C~ I ~~ City Clerk showing among other things the following: The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council, 5. An estimate of the cost oY the proposed improvement, stating the same for each different type of construction and kind of materi- al to be used. 6, In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Valleyveiw Road from the west property line of Morningview Road to the east pro- perty line of Avalon Road. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im• pravement and unless property owners at the time of the final consideration oY this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shah be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specification which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the city Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid• ed by law and in an amount not to exceed the amount provided by law, property will be assessed whe- ther the same abuts thereon or is adjacent thereto according to area and in proportion to the spe• cial benefits conferred thereby, and any deficiency shall be paid out. of the general fund, improve- ment funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in Special Session, February 28th, 1949 55 4 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 7th day of February, 1949. The foregoing resolution was fin• ally passed and adopted, as pro- posed, by the City Council this 28th day of February, 1949. FRANK VAN DUELMAN Mayor. F. W, THOMPSON GEO. R. MURPHY ALBERT WHARTON ~. W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec• onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Mo[fatt, Murphy, Thompson, Wharton. Nays-None. (Ordering Construction) RESOLUTION N0. 481}9 P~~_ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 26• 49 which was duly passed by this Council, f o r the improvement of Valleyview Road from the west property line of Morningview to the east property line oP Avalon Road be and the same are here- be ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shalt be constructed in accord- ance with the plans and specifica• tions heretofore adapted 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 property lying within the assessable distance of the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con• tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- ments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for, the con- struction of the various improve- ments herein provided for in the manner provided by ]aw, the said improvements shall be completed on or before 21 calendar days after date of contract. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption be the City Council. Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Sec• onded by Councilman Moffatt. Car- ried by the following vote: Yeas - Mayor Van Duelman, Ceuncilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of notice of hear- ing upon plans and specifications, form of contract and cost oY im- provement for the improving of Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road, presented and read, Councilman Moffatt moved that the proof of publication be received 56 Special Session, February 28th, 1949 and filed. Seconded by man Thompson. Carried following vote: Yeas -Mayor Van Du eman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of notice of pend- ency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the im• proving of Broadlawn Road, pre- sented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Wharton.. Carried by the following vote: Yeas - Mapor Van Duelman , Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 49.49 WHEREAS, proposed plans and specifications and form of contract for the improvement of Broadlawn Roaa from the south property line of Asbury Road to the north pro- party line of Hillcrest Road have been approved by the City Coun• cil of the City of Dubuque and pub- lic 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 ail ob- jections to said plans, specifica• lions or contract for or cost of such improvements, said time being this 28th day of February, 1949; and WHERAS, the City Council met in Special session this 28th day of February, 1949, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been tiled to the pro posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro posed to be made; and WHEREAS, all interested parties have been given an opportunity to Council• I be heard and all objections which by the ~ have been filed have been duly weighed and considered, now, 1 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, speci• fications, contract for or cost of said improvement herein descirbed and proposed to be made, be and the same are hereby overruled and such plans, specification 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 heretofore approved are hereby ad- opted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been Piled to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 23th day of February, 1949. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEC. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Necessity for Improvement) RESOLUTION N0. 29 49 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have bean duly pre• pared and approved by the City r Special Session, February a8th, 1949 57 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 baundries of the district, if any. 2. The streets to be improved, 3. The width of such improve- ment. 4. Each lot proposed to be as• sassed together with a valuation fixed by the council. 6. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Broadlawn Road from the south property ine of As. bury Road to the north property line of Hillcrest Road. 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 h e r e i n mentioned improvement, and un- less property owners at the time of the final consideration of this proposed resolution have on file with the -City Clark 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• strutted and done in accordance with the plane 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 al] privately owned pro- party lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer fund or partly out of each of said funds. Improvement bands shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro• doted, approved and ordered plac- ed on file with the City Clerk this ith day of February, 1949. The foregoing resolution was fin- ally passed and adopted, as pro• posed, by the City Council this 28th day of February, 1949. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Ordering Construction) RESOLUTION N0. 5(W9 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 29.49 which was duly passed by this CouncB, for the improvement of Broadlawn Road from the south property line of Asbury Road to the north pro• party line of Hillcrest Road 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 specificatons hereto- fore adopted and now on file is the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im• 58 Special Session, February 28th, 1949 provements be paid far by levying special assessments against the privately owned property lying within the assessable d i s t a n c e from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the genera], improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in antic;pation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council, Be It Further Resolved that this City Clerk be and he is hereby ordered and directed to advertise for proposals far the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 30 calendar days after date of contract. Be It Further Resolved that the resolution being deemed urgent and of immediate necessity shall be in farce and effect from and after its passage and adoptio^ by the City Council. Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor. F. W. THOMPSON. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J, SHEA City Clerk Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publicaton, certified to by the publishers, of notice of hearing upon the plans and speci• fications,form of contract and cost of improvement for the improving of .Hillcrest Road from the west property line of Asbury Road to the east property line of Avalon Road, presented and read. Coun- cilman Thompson moved that the proof of publication be received and filed. Seconded by Council- man Wharton, Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. 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 con• tract and cost of improvement for the improving of Hillcrest Road from the west property line of As• burp Road to the east property line of Avalon Road. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 51.49 Whereas, proposed plans and specifications and form of contract for the improvement of Hillcrest Road from the west property line of Asbury Road to the east pro- perty line of Avalon Road have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 391 of the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 28th day of February, 1949; And Whereas, the City Council met in special session thip 28th day ~~ Special Session, February 28th, 1949 59 of February, 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 object- tions which have been Piled to the proposed plans, specifications or contract for or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been made and filed have been 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, speci- fications, contract for or cast of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON qa qa GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Necessity for Improvement) RESOLUTION N0. 32.49 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same far each different type of construction and kind of ma• terial tc be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Hillcrest Road from the west property line of Asbury Raad to the east property tine of Avalon Road. 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 there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cast and expense of making said im- provement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts 60 Special Session, February 28th, 1949 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 Fonda, improvement funds or sewer funds, or partly out of each of said funds. Improvement bonds shall be is• sued and sold in anticipation of deferred payments of assessments when a contract has been p e r formed and accepted and the pro ceeds thereof used to pay the con- tractor. The above resolution and intro- doted, approved and ordered plac- ed on Piled with the City Clerk this ith day of February, 1949. The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Daelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Ordering Construction) FIESOLUTLON N0: 52.49 Be It Resolved By The City Coun- ci'1 of the City of Dubuque that pur• suant to a resolution of necessity No. 32<49~ which was duly passed by this Council, for the improve- ment of Hillcrest Road from the west property line of Asbury Road to the east property line of Ava- lon Road be and the same are hereby ordered and constructed by tlis. Council upon its own motion and with or without the petition. of property owners. 911 the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file is the afflQe of the City Clerk. Be It Further- Resolved that the cost and- expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether snch property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement or sew- er funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by ]aR after the work bas been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise Yor proposals for the construction of the various improvements herein provided for in the manner provided by law, the said improve- ments shall be completed on or before 3a calendar days after date of contract. Be It Further Resolved that this resolution being deemd urgent and of immediate necessity shall be in force sad effect from and after its passage and adoption by the City Council. Passed, adopted and approved this. 28th day of February, 1949. FRANI£ VAN DUELMAN Mayor. F. W. TF1~4aMFSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. 5econd- ed by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Daelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-Nose. Proof of publication, certified to by the publishers, of notice of hear- ing upon the plans and specifica- tions, farm oY contract and cost of Special Session, February 28th, 1949 61 improvement for the improving ai Ogilby Road from the south pro- pe~ty line of Aebnrp Road to the north property line of Hillcrest Road, presented and read. Coun- cilman Murphy moved that the proof of publication be received and filed. Seconded by Council- , man Wharton. Carried by the fol• lowing vote: Yeas -Mayor Van Daelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. Proof of publication, certified to by the publishers, of notice of penaency of resolution of necessity and hearing upon proposed plans 1. and specifications, form of contract and cost of improvement for the improving of Ogilby Road from the south property line of Asbury Road to the north property line of Hill• crest Road, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Daelman, Councilmen MoSatt, Murphy, Thompson, Wharton. Nays-None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) ~tESOLUTION NO. 53.49 Whereas, proposed pleas and specifications, form of contract, for the improvement of Ogflby Road. from the a o n t h property line of Asbury Road to the north property line of 1iilkrest Road ~ have been approved by the City ) Council of the City of Dubuque and public notice given as provid- ed by Chapter 391 of the Code of Iowa, 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 far or cost of such improvements, said time being this 28th day of Felt rusty, 1949; and Whereas, the City Council met in Special session this 28th of Fein ruary, 1949,. at 7~an n~clock P.M. 'nt. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro posed plans, specifications or con- tract for or cost of the improve- ment herein descirbed and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be it resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, spe• cifications, contract for or cost of said improvement betels described and proposed to be made, be and the same are hereby overruled and snch plans, specifications and form of contract heretofore ap- proved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications, form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adapted and approved this 29th dap of February, 1949. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Brttest: J. J. SHPA City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the fallowing vote: Yeas - Mayor Van Daelman, Councilmen Moffatt, Murphy, 'Thompson, GVharton. Nays-None. (Necessity far Improvement) RESOLUTION N0. 35.49 Whereas, proposed plans, speci• fieatioas, form of contract, plat and schedule have been duly prepared 62 Special Session, February 28th, 1949 and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cast o4 the proposed improvement, stating the same for each diiterent type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Ogilby Road from the south property line of Asbury Road to the north property line of Hillcreat Road Be it therefore resolved that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections 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 Engineeer which have been approved by the City Council and are now on file with the City Clerk. That the cast and expense of making said improve- ment will be assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and proceeds thereof used to pay the contractor. The above resolution wax intro- duced, approved and ordered plac- ed on file with the City Clerk this 7th day of February, 1949. The foregoing resolution waa finally passed and adopted, as pro- posed, by the City Council this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Moffatt moved the adoption of the resolution, Second- ed by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Ordering Construction) Resolution No. 5449 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 35-49 which was duly passed by this Council, for the improvement of Ogilby Road from the south property line of Asbury Road to the north property line of Hillcreat Road be and the same are hereby ordered and construct- ed by this Council upon its own motion and with or without the petition of property owners. All the word shall be constructed in accordance with the plans and spe- cifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levy ing special assessments against the privately owned property lying within the assessable distance '= 1 t Special Session, February 28th, 1949 63 from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation oP deterred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and is hereby or• dered and directed to advertise for proposals for the construction oY the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 25 calendar days after the date of contract. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect Prom and after its passage and adoption by this City Council. Passed, adopted and approved this 28th day February 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest : J. J. SHEA City Clerk Councilman Wharton moved the adoption of the resolution. Second• ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of notice of hearing upon the plans and speci- fications, form of contract and coat of improvement for the improving of Avalon Road from the south property line of Asbury Road to the north property line of Hill- creat Road, presented and read. Councilman Thompson moved that the proof of publication be re- ceived and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. Proof of publication, certified to by the publishers, oY notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of eon- tract and cast of improvement for the improving of Avalon Road from the south property line of Asbury Road to the north property line of Hillcreat Road, presented and read. Councilman Moffatt moved that the proof of publica- tion be received and filed. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im- provement.) RESOLUTION N0. 55.49 Whereas, proposed plans and specifications and Yorm of contract for the improvement of Avalon Road from the south property line of Asbury Road to the north pro- perty line of Hillcreat Road have been approved by the City Coun- cil of the City of Dubuque and pub- lic notice given as provided by Chapter 391 of the Code of Iowa, 1946, pertaining to the public con- tracts and bands, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 28th day oP February, 1949, and Whereas, the City Council met in Special Session this 28th day of February, 1949, at 7:30 o'clock p. m. at the Council Chambers in tfie 1 64 Special Session, February 28th, 1949 i. The boundries of the district, ii any. 2. The streets to be improved. 3. The width of such improve• meet. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement oY Avalon Road from the south property line of Asbury Road to the north property line oY Hillcrest Road Be It Therefore Resolved that the City Council on its own motion or upon petition of property own• ere, deems it advisable and neces- sary Por the public welfare t o make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed re• solution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now an file with the City Clerk. That the CDat and expense of making said improve• ment will be assessed upon and against all privately owned pro- perty lying within assessable dis- tance provided by law and in an amount not to exceed the amount. provided by ]aw, property will be assessed whether the same abuts (Necessity for Improvement) RESOLUTION N0. 38.49 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque which have been filed to the pro• posed plans, specifications or con- tract far or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun• ci] of the Ci~y of Dubuque, that all objections which have been made and filed to the plans, speci- fications contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resoiution containing the decision of this Council upon all objections which have been filed to the plans, specifications and farm of contract far or cost oP said improvement to be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R, MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Thompson moved the adoption of the r e s o l u t i o n. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. City Hall for the purpose of hear- ~ and are now on file in the office ing all interested parties and con- oP the City Clerk showing among sidering any and all objections I other things the following: thereon or la adjacent therto ac- cording to the area and in pro- portion to the special benefits con• (erred thereby, and any deficiency shall be paid out of the genera] fund, improvement funds or sew- er funds, or partly out of each of S i g: ~r ; i f: t, k t Special Session, February 28th, 1949 65 said funds. Improvement 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 therof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 7th day of February, 1949. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelmaa, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Ordering Construction) RESOLUTION N0, 56.49 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 38.49 which was duly passed by this Council, for the im- provement of Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road be and the same are hereby ordered and construct- ed by this Council upon its own motion and with or without the pe• tjtion of property owners. All the work shall be constructed in ac- cordance with the plans and spe- cifications heretofore adopted and now on file in the office of the City Clerk. lle It Further Resolved that the cost and expense of the said im- provements be paid for by levying specfai assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same ar are adjacent thereto, according to the area thereof and in pro- portion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve• ment, or sewer funds oY the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bands to be issued in anticipation of deferred payments pf assessments as provided by ]aw after the work has been complet- ed and accepted by the City Coun- cil. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction oR the various improvements here- in provided for in the manner pro vided by law, the said improve- ments shall be completed on or before 25 calendar days after date of contract. Be It Further Resolved that this resolution being deeuld urgent and oY immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 28th day February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSQlu GEO. R. MURPHY Af.DERT WHARTON R'• W. MOFFATT Councilmen. Attest: J. d.S HEA City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt Murphy, Thon•gson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of notice oP hearing upon the plans and apeci- fications,form of contract and cast of improvement for the constric- tion of sanitary sewers and appur- tenances in what is known as the ,.i+ 66 Special Session, February 28th, 1949 Bradley Street Sewer District as delimited by Ordinance No. 23.48. The improvement shall consist of the construction oY an eight (8) inch sanitary sewer, lift sta- tion and six (6) inch cast iron force main for the Bradley Street Sewer District. The eight (8) inch xewer line begins at the lift sta- tion located on the center line of the alley first south of Brad- ley Street 227 feet westerly of the west line oY Henderson Street and proceeds easterly along the center line of said alley to a point opposite .the line, between lots numbered 14 and 15 of Block 9 of Grandview Park; also an eight (8) inch sanitary sewer beginning at said lift station and proced- ing northerly across lot number 6 of Block 10 oY Grandview Park along a line five feet westerly from and parallel to the easterly line oY said lot to manhold num- ber 4 at the center oY Bradley Street; thence westerly along the center line oY Bradley Street to a point opposite the center line of lot 47 of Grandview Place; also an eight (8) inch sanitary sewer from manhole number 4 northerly a dis• tance of 16 feet; thence easterly in Bradley Street along aline 9 feet south of and parallel to the northerly line of Bradley Street to a paint opposite the line between lots numbered 22 and 23 of Black 3 of Grandview Park. The six (6) inch cast iron force main begins at the lift station and proceeds easterly along the alley first south of Bradley Street to a paint in Hen- derson Street 15 feet west of the east line of said street; thence northerly in Henderson Street to the existing sanitary sewer in Grandview Avenue; also an eight (8) inch vitrified sewer pipe over- flow line begins at said lift sta• tion and proceeds in a southerly direction across portions of lots numbered 22, 23, 24 and 25 oY Block 10 of Grandview Park, across va• toted Perry Street and continuing across a portion of lots numbered 8, 9, and 10 of Block 11 of Grand- view Park, across the vacated al- ley between Blocks it and 17 of Grandview Park and continuing across a portion of Block 17 of Grandview Park to its terminal point at a distance of 532 feet from said lift station, presented and read. Councilman Thompson mov- ed that the proof oY publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of ^otice of pendency of resolution of necex- sity and hearing upon proposed plans and specifications, Yorm of contract and cast of improvement for the constriction oY sanitary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimited by Or• dinance No. 23-48. 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 Bradley Street Sewer District. The eight (8) inch eew- er line begins at the lift station located on the center line of the alley first south oY Bradley Street 227 feet westerly of the west line of Henderson Street and proceeds easterly along the center line oY said alley to a paint opposite the line between lots numbered 14 and 15 of Block 9 of Grandview Park; also an eight (8) inch sanitary sewer beginning at said lift sta- tion and proceeding northerly across lot number 6 of Block 10 of Grandview Park along aline five feet westerly from and para- llel to the easterly line of said lot to manhole number 4 at the cen- ter of Bradley Street; thence wes- terly along the center line oY Brad-: ley Street to a point opposite the center line of lot 47 of Grandview Place: also an eight (8) inch sani• tart' sewer from manhole number 4 northerly a distance oY 16 feet; thence easterly in Bradley Street along a line 9 feet south of and parallel to the northerly line of Bradley Street to a point opposite the line between lots numbered 22 and 23 of Block 3 of Grandview Park, The six (6) inch cast iron force main begins at the lift sta- ~; 1.1, 1f ~ ~= w i Special Session, February z8th, 1949 6q tion and proceeds easterly along the alley first south oY Bradley Street to a point in Henderson Street lb feet west of the east line of said street; thence north- erly in Henderson Street to the existing sanitary sewer in Grand• view Avenue; also an eight (8) inch vitrified sewer pipe overflow line begins at said lift station and proceeds in a southerly direction across portions of lots numbered 22, 23, 24 and 25 of Block 10 of Grandview Park, across vacated Perry Street and continuing across a portion oY lots numbered 8, 9, and 10 of Block 11 of Grandview Park, across the vacated alley be• tween Blocks 11 and 17 of Grand• view Park and continuing across a portion of Block 17 of Grandview Park to its terminal point at a distance o1 532 feet from said lift station, presented and read. Coun- cilman Motfatt moved that the proof of publication be received and filed. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. To the City of Dubuque, and and the Honorable Mayor and City Council of said City Gentlemen: We, the undersign- I, ed, are the lawful owners of Lot 15, Whelan's Subdivision and Lots 15, 16, 17, 18 and Lot 45 in Grad• view Place in the City of Dubuque and do hereby protest and ob- ject to the final adoption of Re- solution No. 40.49 preliminary ap- proval of Plans and Specifications, plat and schedule and cost of im- provement.known now as the Brad- ley Street Sewer District as set down in Resolution No. 41-49 known as Resolution of Necessity, for the following reasons: 1. Because the proposed assess- ment against Lot 15 in Whelan's Subdivision is in excess oY $3.00 per linear front foot of sewer and is not in accordance with Section 391.42 of the code of Iowa. 2. Because the proposed assess- Anents against Lots 15, 16, 17, 18 and Lot 45 in Grandview Place, which said lots are not going to be served by the proposed sewer, are being assessed in excess of and benefits or benefits if any con- ferred upon said lots in said pro- posed improvements. 3. Because the proposed assess- ments against Lots 15, 16, 17, 18 in Whelan's Subdivision and Lot 45 in Grandview Place are more than provided by law. 4. Because it is proposed to as- sess privately owned property in• ciuding loot 15 in Whelan's Subdi• vision and Lots 15, 16, 17, 18, and Lot 45 in Grandview Place owned by the undersigned, for such items as repairing and replacing of pave- ments, sidewalks, remo4ing trees, etc., which are not such items as may be properly assessed against abutting or adjacent property. 5, Because an excessive arbitrary valuation has been established by the Council upon Lot 15 Wheian's Subdivision and Lots 15, i6, 17, 18 and Lot 45 in Grand- view Place and such valuation is adopted as a sole basis for the pro• posed assessments against the same, instead of assessing abut- ting property not to exceed $3.00 per ]inerar front foot of sewer as provided by law. 6. Because the proposed as- sessments against our property, as described abe, are illegal., void, ex- cessive, and inequitable for all the reasons hereinabove set forth. 7. That this letter of ojbection be made a matter oP record so that in the event of district court action to refrain the City of Du- buque from collecting the propos• ed assessments, this letter of ob- jection of the Bradley Street Sew- er District resolution shall be proof that the City Mayor and City Coun- cil of the City of Dubuque, Iowa have been duly notified. Dated at Dubuque, Iowa this 23rd day of February, 1949. Wm. F. Appel. Belle L. Appel. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Thomp• 6g Special Session, February 28th, 1949 son. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. 446 Bradley Street Dubuque, Iowa February 28, 1949. To the Honorable Mayor, City Council, City Manager, and City Clerk, of the City of Dubuque, Iowa Gentlemen: I, the undersigned, am the lawful owner of the North- westerly 20 feet oY Lot 23, Lot 24, and the Southeasterly 20 feet oY Lot 25, oY Block 3 Grandview Park Addition, in the City oY Dubuque, and I wish to enter a protest and hereby object to the final adoption of resolution No. 40.49 preliminary approval of plans and specifications, plat and schedule of cost of improvement, known now as the Bradley Street Sewer District, and set down in resolution No. 41.49, known as Resolution of Necessity, for the following reason. Because the proposed assess- ment against the Northwesterly 20 feet of Lot 23, Lot 24 and the Southeasterly 20 feet of Lot 25 in Block 3 Grandview Park Addi- tion, in the city of Dubuque, is in excess of the $3.00 per linear front foot of sewer and is not in accord- ance with Section No. 391.42, oY the Code of Iowa. Very respectfully yours, Donald H. Head. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. 450 Bradley Street Dubuque, Iowa February 28, 1949 To the Honorable Mayor, City Council, City Manager, and City Clerk, of the City of Dubuque, Iowa Gentlemen: I, the undersigned, am the lawful owner of the North- westerly five feet of Lot 20, Lot 21, Lot 22, and the Southeasterly five feet of Lot 23, Block 3, Grand- view Park Addition, in the City of Dubuque, and do hereby pro• test and object to the final adop• tion of resolution No. 40-49 prelim- inary approval of plans and spe• cifications, plat and schedule eY cost of improvement, known now as the Bradley Street Sewer Die• trict, and set down in resolution No. 41.49 known as Resolution of Necessity, for the following rea- son. Because the proposed assess• went against the Northwesterly five feet oY Lot 20, Lot 21, Lot 22, and the Southeasterly five feet of Lot 23, Block 3, Grandview Park Addition, in the City of Dubuque, is in excess oY the $3.00 per line- ar front Yoot of sewer and is not in accordance with section No. 391.4'l, of the Code of Iowa. Respectfully yours, Frank R. Kerrigan. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None, 430 Bradley Street Dubuque, Iowa February 28, 1949 To the Honorable Mayor, City Council, City Manager, and City Clerk of the City of Dubuque, Iowa Gentlemen: I, the undersign- ed, am the lawful owner of the Westerly five feet of Lat 25, Lot 26, Lot 27, and the Easterly five feet of Lot 28, Block 3, Grand• view Fark Addition, in the City of Dubuque, and do hereby protest and object to the final adoption of resolution No. 40.49 preliminary approval of plans and specifica- tions, plat and schedule and cost of improvement, known now as the Bradley Street Sewer District, and set down in resolution No. 41- 49, known as the Resolution of Necessity, Yor the tollowing rea- son. Because the proposed assess- ment against the Westerly five feet oP Lot 25, Lot 26, Lot 27, j~ i Special Session, February 28th, 1949 69 and the Easterly five feet of Lot 28, Block 3, Grandview Park Ad- dition, in the city of Dubuque, is in excess of the $3.00 per linear front foot of sewer and is not in accurdance with section 391,42, of the Code of Iowa. Respectfully yours, Emma L. Heller. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. 420 Bradley St. Dubuque, Iowa February 28, 1949 To the Honorable Mayor, City Council, City Mlanager, and City Clerk of the City of Dubuque, Iowa Gentlemen: I, the undersigned, am the lawful owner of Lots 28, 29, 30, 31, 32, 33 in Back 3 in Grandview Park Addition to the Ci- ty of Dubuque, and I wish to en- ter a protest and hereby object to the final adooption of resolu- tion No. 40-49 peliminary approval of plans and specifications, plat and schedule of cost oY improve- ment, known as the Bradley Street Sewer District, and set dawn in Resolution No, 41.49, known as Resolution of Necessity, fo the fol- lowing reasons. Because the proposed assess- ment against the Lots 28, 29, 30, 31, 32 and 33 in Block 3 in Grand- view Park Addition to the City of Dubuque, is in excess of the $3.00 per linear front foot of sew- er and is not in accordance with Section No. 391,42, of the Cade of Iowa. Respectuully yours, F, A. Nesler, Jr. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im- provements.) RESOLUTION N0. 57-119 Whereas, proposed plans and specifications and form of contract for the construction of sanitary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimited by Ordinance No. 23-48. 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 Bradley Street Sewer District. The eight (8) inch sewer line begins at the lift sta- tion located on the center line of the alley first south of Bradley Street 227 Yeet westerly of the west line of Henderson Street and proceeds easterly along the center line of said alley to a point op- posite the line between Iota num• bered 14 and 15 of Block 9 of Grandview Park; also an eight (8) inch sanitary sewer begin- ning at said lift station and pro- ceeding northerly across lot num- ber 6 of Block 10 of Grandview Park along a line five feet west- erly from and parallel to the east- erly line oY said lot to manhole number 4 at the center of Brad- ley Street; thence westerly along the center line of Bradley Street to a point opposite the center line of lat 47 of Grandview Place: also an eight (8) inch sanitary sewer from manhole number 4 northerly a distance of 16 feet, thence easterly in Bradley Street along aline 9 feet south of and parailel to the northerly line of Bradley Street to a point opposite the lme between lots numbered 22 and 23 oY Block 3 of Grandview Park. The six (6) inch cast iron force main begins at the lift station and Proceeds easterly along the alley first south of Bradley Street to a point in Henderson Street 15 feet west of the east line of said street; thence northerly in Hender- son Street to the existing sanitary sewer in Grandview Avenue; also an eight (S) inch vitrified sewer pipe overflow line begins at said 7o Special Session, February z8th, 1949 lift station and proceeds in a sou• therly direction across portions of lots numbered 22, 23, 24 and 25 of Block 10 of Grandview Park, across vacated Perry Street and continu- ing across a portion of lots num- bered 8, 9, and 10 of Block 11 oY Grandview Park, across the vacat- ed alley between Blocks 11 and 17 of Grandview Park and continuing across a portion of Block 17 of Grandview Park to its terminal point at a distance of 532 Yeet from said lift station have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 391 of the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to. said plans, apeciYica- tions or contract Yor or cost oP such improvements, said time be- ing this 28th day of February, 1949; and Whereas, the City Council met in Special session this 28th daq of February, 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 pro- posed to be made; and Whereas, all interested parties have bean 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 Caun• ell of the City of Dubuque, that all objections which have been made and filed to the plans, spe- cifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted, Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract Por or cost of said improvement be made a matter of permanent record in connection with said im• provement. Passed, adopted and approved this 28th day oY February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Moftatt moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the Following vote: Yeas -Mayor Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Nays-None. (Necessity for Improvement) RESOLUTION N0. 41.49 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City oY Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries pf the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost oY the proposed improvement, stating the same for each different type of construction and kind of materi- al to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the constriction of sanitary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimited by Ordinance No. 23- 48. 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 Bradley Street Sew- er District. The eight (8) inch sewer line begins at the lift ata- vK; II ~~ ,~ ~u% f, Special Session, February z8th, 1949 71 tion located on the center line of the alley First south oP Bradley Street 227 Yeet westerly of the west line of Henderson Street and proceeds easterly along the cen- ter line of said alley to a point opposite the line between lots numbered 14 and 15 of Block 9 oY Grandview Park; also an eight (8) inch sanitary sewer beginning at said lift station and proceeding northerly across lot number 6 of Block 10 of Grandview Park along a line Pive feet westerly from and parallel to the easterly line of said lot to manhole number 4 at the center of Bradley Street; thence westerly along the center line of Bradley Street to a point opposite the center line of lot 47 of Grand- view Place; also an eight (8) inch sanitary sewer Prom manhole num- ber 4 northerly a distance of 16 feet; thence easterly in Bradley Street along a line 9 feet south of and parallel to the northerly line of Bradley Street to a point opposite the line between lots num- bered 22 and 23 of Block 3 oY Grandview Park. The six (6) inch cast iron force main begins at the lift station and proceeds easterly along the alley first south of Brad- ley Street to a point in Henderson Street 16 feet west of the east line of said street; thence north- erly in Henderson Street to the existing sanitary sewer in Grand- view Avenue; also an eight (8) inch vitrified sewer pipe overflow line begins at said lift staton and proceeds in a southerly direc- tion across partona of lots num- bered 22, 23, 24 and 25 of Block 10 of Grandvew Park, across va- cated Perry Street and continuing across a portion of lots numbered 8, 9, and 10 of Block 11 of Grand- view Park, across the vacated al- ley between Blocks 11 and 17 of Grandview Park and continuing across a portion of Block 17 of Grandview Park to its terminal paint at a distance oY 532 Peet from said lift station. and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto, Said improvement shall be con• structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against al] privately awned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds, or sewer funds, or partly out of each of said funds. Improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds there- of used to pay the contractor. The above resolution was intro- duced,approved and ordered placed on file with the City Clerk this 7th day of February, 1949. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. 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 Councilman Thompson moved the adoption of the resolution. SeG onded by Councilman Wharton. Carried by the following vote: Yeas - Mayor Van Duelman, 7z Special Session, February a8th, 1949 Councilmen Moffatt, )1Q u r p h y, Thompson, Wharton. Nays-None. (Ordering Construction) RESOLUTION N0. 58-49 Be it resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 41-49 which was duly pass- ed by this Council, for the cori- struction oY sanitary sewers and appurtenances in what is known as the Bradley Street Sewer Dis- trict as delimited by Ordinance No 23.48. The improvement shall consist of the construction of an eight (B) .inch sanitary sewer, lift sta- tion and six (6) inch cast iron force main for the Bradley Street Sewer District. The eight (8) inch sewer line begins at the lift station located on the center line oY the alley first south of Brad- ley Street 227 feet westerly oY the west line of Henderson Street and proceeds easterly along the center line of said alley to a point opposite the line between lots num- bered 14 and 15 of Block 9 of Grandview Park; also an eight (8) inch sanitary sewer beginning at said lift station and proceeding northerly across lot number 6 of Block 10 of Grandview Park along a line Yive feet westerly from and parallel to the easterly line of said lot to manhole number 4 at the center of Bradley Street; thence westerly along the center line of Bradley Street to a point opposite the center lie of lot 47 of Grand• view Place; also an eight (8) inch sanitary sewer from manhole num- ber 4 northerly a distance of 16 feet; thence easterly in Bradley Street along a line 9 feet south of end parallel to the northerly line of Bradley Street to a paint opposite the line between lot a numbered 22 and 23 of Block 3 of Grandview Park, The six (6) inch cast iron force main begins at the lift station and proceeds easterly along the alley first south of Brad• ley Street to a Point in Hender- sou Street 15 feet west thence of the east Yfne of said street, northerly in Henderson Street to the existing sanitary sewer in Grandview Avenue; also an eight (8) inch vitrified sewer pipe overflow line begins at said lift station and proceeds in a souther- ly direction across portions oY lots numbered 22, 23, 24 and 25 of Block 10 of Grandview Park, across vacated Perry Street and contin- uing across a portion of lots num- bered 8, 9, and 10 of Block 11 bf Grandview Park, across the vacated alley between Blacks 11 and 17 oP Grandview Park and continuing across a portion of Block 17 of Grandview Park to its terminal point at a distance of 532 feet from said lift station be and the same are hereby ordered and construct- ed by this Council upon its owe motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and spe• cifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im- provements be paid for by levy- ing special assessments against the privately owned property lying . within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor 'out of funds realized from the sale of bonds to be issued in anticipation of deferred pay- ments of assessments as provided by law after the work has been completed and accepted by the Ci- ty Council. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided Yor in the manner pro- vided by law, the said improve- ments shall be completed on or before 90 calendar days after date of contract. Be it further resolved that this resolution being deemed urgent 2 1 't: x '- ~~t~. 4 Special Session, February a8th, 1949 q3 and of immediate necessity shall be in farce and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Wharton moved the adoption of the resolution. Sec.. owded by Councilman Moffatt. Car ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None Proof of publication, certified to by the publishers, oY notice of pub- lic hearing upon the question of rezoning from Two Family to Mul- tiple Residence Classification the following described property: Be• ginning at a point at the center line of Kaufmann Avenue 100 feet westerly of the west line of Cen- tral Avenue, thence westerly along the center line of Kaufmann Av- enue to a point 100 feet westerly of the west line of North Main Street, thence southeasterly along a line 100 feet westerly and paral- lel to North Main Street to the southerly line of Lot 48 oP Marsh's Additioe, thence easterly along the southerly line of Lot 48 of Marsh's Addition to and across North Main Street to and easterly along the southerly line of Lot 22 and Lot 9 of Marsh's Addition to and across Heeb Street to and east- erly along the southerly line of Lot 4 of L. H. Langworthy's Ad- dition to a point 100 feet westerly of Central Avenue where same In- tersects the present business dIs- trict, presented and read. Coun- cilman Murphy moved that the proof ~ publication be received and filed. Seconded by Council- man Thompson. Carried by the following vote: Yese -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No. 449. An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34, designated, "Zoning Ordinance of the City of Dubuque" so as to change cer- tain hereinafter described from "Two Family Residence Classifica• lion" to "Multiple Residence Clas- sification" presented and read. Councilman Thompson moved that the reading just had been consid- ered the first reading of the Or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the Fallowing vote: Yeas -Mayor Van Duelman, Ceuncilmen Moffatt, Murphy, Thompson, Wharton. 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 Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of noice oY pub- lic hearing upon the plans, speci- Picatians, form of contract and cost of improvement for the construe lion of The Dubuque Municipal Airport Access Road from High• way No. U.S. 61, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by 74 Special Session, February 28th, 1949 Councilman Moffatt. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. 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 The Dubuque Mu- nicipal Airport Access Road from Highway No. U.S. 61, presented and read. Councilman Thompson mov ed that the proof of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 59-49 WHEREAS, proposed plans spec- ifications and form of contract for the construction of The Dubuque Municipal Airport Access Road from Highway U.S. No. Sl have been approved by the City'~o6ngfl of the City of Dubuque and public notice given as provided by the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed far the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 28th day of Febru- ary, 1949 and Vr'HEREAS, the City Council met in Special session this 28th day of February, 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 pro posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and objectfans which have been filed have been duly weighed and considered now there- fore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans spec- ifications, contract for or cast of said improvement herein described and proposed to be made, b e 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 Yorm oY con• tract for or coat of said improve- ment be made a matter of perma- nent record in connection with said improvement. Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Necessity for Improvement) RESOLUTION N0. 9.49 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The road to be improved. 2, The width of such improve- ment, and the size and kind of culverts. 3. An estimate of the cast of the proposed improvement, stating ~i s °,k ~. '~~I`. Special Session, February 28th, 1949 75 the same for each different type of construction and kind of ma- terial to be used for the construc- tion of The Dubuque Municipal Airport Access Rcad from High- way No. U.S. 61. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and nec- essary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time oP the final consideration of this proposed res• olution have on Pilo with the City Clerk objections they shall b e deemed to have waived all objec- tions thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid out of the Air- port Fund. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 31st day of January, 1949. The foregoing resolution was fin• ally passed and adopted, as pro- posed, by the City Council this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilman. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec• onded by Councilman Murphy. Car- ried by the fallowing vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, oY notice to con- tractors of the receipt of pro- posals for the construction of The Dubuque Municipal Airport Access Road, presented and read. Coun- cilman Thompson moved that the proof of publication be received and filed. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 28, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions proposals were receive ed until 10:00 A.M. February 28, 1949 far the construction of an Access Road to the Municipal Air• port from U.S. Highway No. 61. At• tacked is a tabulation oY the four bids received. I recommend that the contract be awarded to the Willman Com- pany of Cedar Rapids, Iowa for Schedules 1 and 2 in the amount of $42,261.18, this being the lowest and best bid received. It is further recommended that the award be made subject to the approval of the C.A.A. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Awarding Contract) RESOLUTION N0. 6449 Whereas, proposals have been submitted by contractors for the construction of 'Phe Dubuque Mu- nicipal Airport Access Road from Highway No. U.S. 61 pursuant to Resolution No 11-49 and Will- man Company of Cedar Rapids, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and materials and per• farming the work as provided for 76 Special Session, February 28th, 1949 in the plans and specifications; now, therefore, Be it resolved by the City Coun• cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Will- man Company of Cedar Rapids, Iowa, subject to the approval of the C.A.A. and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemd urgent and of immediate necessity become ef- fective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on February 28, 1949. Councilman Thompson moved that the resolution be approved and placed on file for one week. Seconded by Councilman Wharton. Carried by the tollowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of notice to manufacturers and suppliers of snow removal equipment, present- ed and read. Councilman Moffatt moved that the proof of publica• tion be received and filed. Sec• onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy , Thompson, Wharton. Nays-None. February 28, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your in- structiana bids were solicited on the furnishing of snow removal equipment. Attached is the only bid received, that of the Klauer Manufacturing Company for fur• Wishing one Model LMU Sno-Go for the sum of $14,225.00 I recommend that the contract for furnishing this equipment be awarded to the Klauer Manufaet• wring Company at their bid price. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Moffatt moved that the recommendation of City Man• ager Rhomberg be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Awarding Contract) RESOLUTION N0. 6t-49 Whereas, proposals have been submitted by contractors for the furnishing of one unit of the blow- er type of snow removal apparatus and Klauer Manufacturing Com- pany contractor, has submitted the lowest bid far 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 Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Klau- er Manufacturing Company and the Manager be and he is hereby di• rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file far one week on February 28th, 1949. Councilman Thompson moved that the resolution be approved and placed on file for one week. Seconded by Councilman Moffatt. Carried by the following vote: Yoas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim of Mrs. Donald Spielman in an unstated amount for injuries received to a fall on an icy sidewalk at the corner of 30th and Central Avenue iW front i° i w ' ~''~IM1 Special Session, February 28th, 1949 77 of Scherrer Grocery Store, pre• sented and read. Councilman Mur- phy moved that the Notice of Claim be referred to the City So- licitor for investigation and re• port. Seconded by Councilman Moffatt. Carried by the follow• ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim oP Ottilia Frick in an unstated amount for injur• ies received in a fall on the icy street at 443 Arlington Street, pre- sented and read. Councilman Mof- fatt moved that the Notice of Claim be referred to the City So• licitor for investigation and re- ports. Seconded by Councilman Murphy. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy , Thompson, Wharton. Nays-None. Notice of Claim of Raymond N. Keating in the amount of $276.00 for injuries received in a fall on the icy crosswalk at Seventeenth and Jackson Streets, presented and read. Councilman Thompson mov- ed that the Notice oY Claim be referred to the City 5alicitar for investigation and report. Second- ed by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim of Harry Bux- ton in the amount of $500.00 for injuries received in a fall on icy sidewalk on the south side of 24th Street approximately 69 feet east from where it joins Central Av- enue, presented and read. Coun- cilman Murphy moved that the Na lice of Claim be referred to the City Solicitor far investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim of Louis R. Frei- singer in the amount of $120.50 for damages to his car caused by the icy condition of the street at or near the intersection of Arling- ton Street and Grove Terrace, pre- sented and read. C o u n c i l m a n Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moffatt. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim of Peter Mey ers in the amount of $1,000.00 for injuries received in a tall on icy sidewalk in front of 2839 E 1 m Street, presented and read. Coun- cilman Moffatt moved that the No- tice of Claim be referred to the City- Solicitor for investigation and report. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim oP Mrs. Delflha Himes in the amount of $1,600.00 for injuries received fn a fall on th icy sidewalk in front of the Haudenshield Homes on Main Street between 12th and 13th Streets, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Moffatt. Carried by i the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of Claim of Mrs. Mary Kunnert in an unstated amount for injuries received in a fall on an icy sidewalk at the Martin Paper and Paint Shop, presented and read. Councilman Wharton moved that the Notice of Claim be re- (erred to the City Solicitor for investigation and report. Seconded 78 Special Session, February 28th, Ig49 by Counci_man Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of Ottilia Frick advising that she fell on snow covered ice between the curbstone and sidewalk on Grove Terrace and is now filing a claim in the amount of $1,200.00 for injuries received in said fall, presented and read. Councilman Murphy moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of I. K. Werwin• ski submitting resolution for Coun• Gil consideration in regard to Gen- eral Pulaski's Memorial Day, pre, rented and read. Councilman Mur- phy moved that the communication be referred to the Mayor. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Dubuque Women's Club Dubuque, Iowa Feb. 7, 1949 City Council Honorable Mayor Dubuque, Iowa Gentle em n: The Dubuque Wo- men's Club wishes to thank you and your honorable body for pas- sing aresolution to curb comic books. It was a job well done for the benefit of our Dubuque Youih. Sincerely yours, Mrs. Lillian Johannsen Crp. Secretary Councilman Thompson' moved that the communication be re- ceived and made a matter of re- cord. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. Petition of H. & W. Motor Ex- press Company requesting that parking be restricted on the north side of 30th Street from Jackson Street to the gate entering pro, perty of the Dubuque Storage & Transfer Company presented and read. Councilman Murphy moved that the petition be referred to the Chief of Police for recommendation and report. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Mrs. Margaret Bar• rington requesting a refund in the amount of $25.00 on the unexpired portion of her Cigarette Permit No. 273 as she has discontinued busin- ess as of February 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 $25.00 in favor of Mrs. Margaret Barrington to cover the amount of refund granted on the unexpired portion of h e r Cigarette Permit No. 273. Sec• onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, M u r p h yl Thompson, Wharton. Nays-None. Petition of Mrs. Margaret Bar• rington requesting a refund in the amount of $150.00 on the unexpired portion of her Class "B" Beer Permit as she has discontinued business as of February 9, 1949, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Mrs. Margaret Barrington to cov- er the amount of refund granted on the unexpired portion of her Class "B" Beer Permit. Second, ed by Councilman Moffatt. Car- ried by the tollowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. n,. a ~~4; r '~~ p Special Session, February 28th, 1949 79 Petition of the University of Du- buque requesting permission to de- signate the alley first west at University Avenue between Algona and Auburn Streets as a lane, the name to be Campus Lane, present- ed and read. Councilman Murphy moved that the request be grant- ed and the proper proceedings or- dered prepared. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Sara Faigen request- ing arefund in the amount of $25.00 on the unexpired portion of her Cigarette Permit No 278 as she has discontinued business on January 4,1949, presented and read~ Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Sara Faigen to cover tfie amount of refund granted on the unexpired portion of her Cigarette Permit No. 275. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Mrs. Marie Clancy requesting a refund in the amount of $25.00 on the unexpired por- tion of her Cigarette Perit No. 66 as she has discontinued busin- ess on January 31, 1949, present- ed and read. Councilman Moffatt moved that the request be grant- ed and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Mrs. Marie Clancy to cover the amount of re• fund granted on the unexpired por- tion of her Cigarette Permit No, 66. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Rudy Milding et al requesting the installation of a street light on State Street some- where in the section between Cur- tis Street and Cleveland Avenue, a distance of approximately 650 feet, presented and read. Coun• Gilman Thompson moved that the petition be referred to the Coun- cil to view the gaunds. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petitia^ of the Dubuque Fire Fighters Association requesting that the members of the Dubuque Fire Department be granted an in• crease in wages effective April 1st, 1949, presented and read. Councilman Murphy moved that the petition be referred to the Council far consideration. Second- ed by Councilman Wharton. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Hyde Clark Woman's Relief Corps requesting permission to hold a tag day on Saturday, April 9, 1949, presented and read. Councilman Moffatt moved that the request be granted. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None, Petition of Ed. Krumbach et al requesting vacation of the alley running from Grandview Avenue between West 3rd Street and Ben- nett Street and also requesting that the property be evenly divided, presented and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recom- mendation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy , Thompson, Wharton. Nays -None. 8o Special Session, February a8th, 1949 Petition of Dubuque Trades and ~ Labor Congress requesting permis- sion for the use of the city lots on Fourth Street Extension for the purpose of sponsoring a car• nival either the first or third week of June, 1949. Councilman Murphy moved that the request be granted far the Eirst week in June, 1949. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmeu Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of the Military Order of Cooties, Veterans o f Foreign Wars, making application for a permit to have a carnival in Du• inclusive of this year, presented and read. Councilman Thompson moved that the request be grant- ed. Seconded by Councilman Mur• phy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Robert A. Weiler and Melvin D. Harms requesting the vacation of the alley between Lota 28 and 29 of O'Neill's Riverview Addition and Lot 112 of Belmont Addition, which alley lies between Brunswick Street and Burden Aw enue from O'Neill Street to the al• ley between Edith Street and O'Neill Street presented and read. Councilman Wharton moved that the petition be referred to the Planning and Zonning Commission for their recommendation and re- port. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Whrton. Nays-None. .Petition of the Water Depart- meut employees requesting an in- crease in wages of $25.00 per month for the fiscal year beginning April 1st, 1949 and also requesting fora 40 hour work week, presented and read. Councilman Murphy mov ed that the petition be referred ~~1I~~ VI~~I~I ~I I ~. to the Council for consideration. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Couucilmen Moffatt, M u r p h 9, Thompson, Wharton. Nays -None. Petition of Wm F. and Belle L. Appel requesting Council to allow the payment of $100.00 which caw ors attorney's fees in preparing objections covering the Bradley Street Sewer as filed by Attorneys Czizek & Czizek on July 30, 1948, presented and read. Councilman Moffatt moved that the petition be referred to the City Solicitor far investigation and report. Seconded by Councilman Thompson. Carried be the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Msys -None. Communication of The Key Ci- ty Gas Company submitting Re• venue and Expense Statement cov- ering gas operations Yor the full twelve months of 1948 and also submitting a revised rate schedule covering a flat 20 percent increase 4or Council inspection, presented and read. Councilman Wharton moved that the communication to- gether with the statement and revised rate schedule be referred to Black & Veatch, Consulting En- gineers. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Report of Black & Veatch, Con- sulting Engineers, covering an• alysis of the petition of The Key Gas Company for reviefon of gaa rates presented. Councilman Wharton moved that the report be referred to the Council for consideration at their next meet- ing to be held March 7th, 1949. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. i a Y ~r Special Session, February 28th, 194q 81 Communication of Fire Chief Hickson suggesting to Council that all contracts for lire protection, outside the City Limits, not served by City Water, be discontinued, presented and read. Councilman Wharton moved that the cony munication of Fire Chief Hickson be referred to the Cauncilfor con- sideration. Seconded by Council- man Moffatt. Carried by the fol• lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 24, 1949. To the Honorable Mayor, City Council and City Manager, Dubuque, Iowa. Gentlemen: In accordance with your instructions contained in the Resolutions listed below, I wish to report as follows; Resolution No. 222.48 $4,500.00 of Special Assessment bonds far the improvement of Ver• non 3c Edina Streets (Sewer) were offered for sale on Novemeber 24, 1948 after proper advertising. No bids were received at the time of the sale and the bonds were sub• sequently sold, over the counter, to a local investor at par and ac- crued interest. Resolution No. 242.48 $2,000.00 of Special Assessment Bonds for the improvement of Seminary Street (Sewer) were oY- fered for sale on January 24, 1949 after proper advertising. Two sealed bids for $1,500.00, offering par plus accrued interest were received. The sealed bids were accepted and the balance of $500.00 was later sold to a private investor for par and accrued interest. Resolution 244.48 $4,000.00 of Special Assessment Bonds for the improvement of Lombard Street were offered for sale on January 24, 1949 after pro per advertising. One sealed bid for par and accrued interest was received and the bonds were sold to the bidder. Resolution No. 246-48 $4,424.94 in bonds were authoriz• ed under this resolution for the improving of Mt. Loretta Ave. These bonds were not issued Yor the reason that the City Treasur- er collected in cash from the pro- petty owners the sum of $3,- 757.52, There was no contractor involved in this improvement since the City Street Department was used to complete this work. The balance due on this assessment is $667.42 and final payments are due and payable March 31, 1950. Resa}ution No. 257.48 $2,000.00 of Special Assessment Bonds for the improvement of Platt Street and Platt Street Ex• tensron were offered far sale on February 4,1949 after proper adver• using. Two sealed bids were recelved. One bid was par and accured interest and the other bid offered $2,002.00 plus accrued in- terest. The bonds were awarded to tite highest bid. Respectfully submitted, Edward M. Tschirgi City Treasurer. Councilman Murphy moved that the report of City Treasurer Tschirgi be received and made a matter of record. Seconded by Councilman Wharton. Carried Dy the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, M u r p n y, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims Yor which warrants were drawn during the month of January,. 1949, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Council Proceedings for the iV~nth of October, 1948 present- ed far approval. Councilman Mof- fatt moved that the Council Pro- ceedings for the month oY Octo- 82 Special Session, February 28th, 1948 ber, 1948 be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No 5.49. An Ordinance amending "The Traffic Code" of the City of Du- buque by regulating parking of ve- hicles on the southeasterly side of Rhomberg Avenue from the Chi- cago Great Western Railroad tracks to Marshall Street, present• ed and read. Councilman Thomp- son moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Naps-None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. 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. Second• ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Nays-None. February 28, 1949 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: Referring to attach- ed petition of Mettel Realty and Investment Company submitting a replotting of the area common- ly known as Heim's Brick Yard, the Planning and Zoning Commis- Sion at a meeting Friday, Febru• ary 2bth, approved the new plat as shown. Respectfully submitted, Yours truly, THE PLANNING AND ZONING COMMISSION Richard V. McKay, Secrotary Councilman Wharton moved that the communication of the Plan• ning and Zoning Commission be referred to the Council to view the grounds. Seconded by Coun- cilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 8th, 1949. Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the February 7th meeting of the City Council, a de- finite recommendation was re- quested on the matter of a forty hour work week for the Police De• partment. The report submitted on the same date indicated that a forty hour, five day work week could not be put into effect with the present authorized strength of the department without reducing service to the public. It further showed that the present amount of service could be had by increasing the number of men and units of equipment at an estimated increas- ed cost of $20,000.00 per year. Because we do not feel that the public service should be curtailed and because $20,000.00 additional money is not on hand, we recom- mena that the present work week for policemen be retained, Respectfully submitted, A. A. Rhomberg, City Manager. JOS. H. STRUB. Chief of Police. Councilman Wharton moved that the recommendation of City Mana- ger Rhomberg and Chief of Po- lice Strub be approved. Seconded by Councilman Moffatt, Carried by the following vote: Yeas -Councilmen Moffat t Thmnpson, Wharton. Nays -Mayor Van Duelman and Councilman Mtu'phy. ~~ I' ~„ ~; ~' !, y. Special Session, February 28th, 1949 ~ Councilman Thompson move d that the working conditions of the Police Department be considered by the City Council at the time that the other requests from the various departments are being con- sidered. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays -None. February 24, 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 January, 1949, also list', of claims and lixt of payrolls for which warrants were issued for the month of January, 1949. Respectfully submitted, A. A. Rhomber, City Manager. Councilman Murphy moved that the reports be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt Murphy, Thompson, Wharton. Nays-None. February 28, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council meet• ing of January 31, 1949 the pet' lion of the Farley & Loetschb. Manufacturing Company request• ing permission to install and main- tain underground storage tanks on the west side of Jaekaon Street between 8th and 9th Streets was referred to the Council to view the grounds The Council, h a v i n g viewed the premises, decided to grant-the request. I recomment that the decision of the Council be confirmed by the passage of the attached ordin- ante. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Moffatt moved that the recommendation of City Mana• ger Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No. 649. An Ordinance granting to Farley ~ Loetscher Manufacturing Com• pony, its successors and assigns, the right to install and maintain four underground storage tanks on the west side of Jackson Street, south of existing underground stor- age tanks at the southwest corner of Jackson and Ninth Streets, in the City of Dubuque, Iowa, and to attach and maintain pipes and equipment in connection therewith all in accord with plans now on file in the office of the City Clerk, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Murphy. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the fallowing vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. 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 Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Coutcilmen Moffatt, M u r p h p, Thompson. Nays - Nane. 84 Special Session, February a8th, 1949 February 28, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council meet- ing of January 31, 1949 the petition of Wickes Engineering & Con- struction Company requesting a sixty working day extension of time for the completion of the Terminal Building at the Municipal Airport was referred to the Coun- cil for consideration. I have contacted the District Airport Engineer of the C.A.A. on the matter and I am advised that the C.A.A. will concur in granting the request and in waiving the liquidated damages for the extra time. I recommend that the request of Wickes Engineering & Construc- tion Company be granted and both the C.A.A. and the bonding com- pany be notified of the action of the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 28,1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council meet- ing of January 31, 1949 the peti- tion of Mrs. Carl Bartels, et at, requesting the installation of a street light at Alta Vista Place and Filmore Street was referred to the Council to view the Bounds. The Council, having viewed the la cation, decided to grant the re- quest. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 11, 1949 Honorable Mayor and Members of the City Council of the City of Dubuque In Re: The Claim of George A. Hammel Gentlemen: I have investigated this claim and find that on Tues- day, December 28th, 1948, about 5:30 P.M. when Claimant was re- turning home from work he fell on the cross walk at Roland Street and West 3rd Street sus- taining afracture of his right foot and has been laid up ever since that time that the cross walk was covered with snow and ice, rough, rounded and uneven, and was in a dangerous condition; that because of the injuries re• ceived, he has been confined to his home ever since, loosing over $400.00 in wages. That his doc- tor bill is X64.00, and the hospital bill $25.00. He states that he has suffered very Beverly since that time. After talking the matter over with him, he has agreed to settle this claim for $200.00 I recommend that a warrant be issued payable to the order of George A. Hammel for $200.00 and the same be delivered to him upon delivery to the City of a release properly executed by him. Yours truly, John J. Kintzinger City Solicitor. Councilman Moffatt moved that the recommendation of City Solici- tor Kintizinger be approved and the City Auditor instructed to draw a warrant in the amount of $200,00 in favor of George A. Ham- mel, as settlement in full of his claim, and that said warrant be delivered npan receipt by the City of Dubuque of a properly execut~ ed release. Seconded by Council- man Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilme^ Moffatt, Murphy, Thompson, Wharton. Nays-None. i, ~o :r. ~~~ ,`. Special Session, February a8th, 1949 85 February 26, .1949, Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen With reference to the claim of Mary C. Howard for damages which was referred to me for investigation and report. About 4:45 P.M. on October 29, 1945, clai- mant left the Novena services at St. Patrick's Church, and when she reached a point in front of St. John's Church on 14th Street and was required to go Pram one aide of the sidewalk to the other, and in so doing tripped over a raised portion of the sidewalk causing her to fall at which time she received a fracture of her arm and was re- quired to undergo surgical and medical care. The .outside blocks of the side- walk were raised higher than the inside blocks, and in traveling from the inside of the sidewalk to the outside therof, she tripped where the sidewalk was raised and fell receiving injuries. She has been unable to perform her duties at the Dubuque Beauty Academy for some considerable time. Her ac- tual medical expenses amount to $81.50. After conference wit h her, she has agreed to accept $81.50 in full payment of her claim against the city. I recommend that a warrant be issued payable to her order for $81.50 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 5ocicitor Kintizinger be approved and the City Auditor instructed to draw a warrant in the amount of $81.50 in favor of Mary C. How- ard, as settlement in Yull of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: X4as -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 14, 1949 To the Honorable Mayor and City Councncil, Dubuque, Iowa Gentlemen: Herewith is submit- ted Profile No. 1328 showing the proposed grade of Esther Street from the south property line of Mt. Loretta Avenue to the north property line of Bush and Tressa Streets. I recommend that the proposed grade be approved as shown on the profile and that an ordinance be passed establishing such grade. Respectfully submitted, R. J. Gallagher, City Engineer. Councilman Murphy moved that the recommendation of City En- gineer Gallagher be approved. Sec- onded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No. 7-09 An Ordinance establishing a grade on Esther Street from the south property line of Mt. Loretta Avenue to the north property line of Bush and Tressa Streets, pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson move d that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the fallowing vote: Yeas-Mayor Van Due 1 m a n , Councilmen Moffatt, Murphy, .Thompson, Wharton. Nays-None. Councilman Thompson moved that the ordinance be nlaeed on 86 Special Session, February 28th, 1948 file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeae -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 14, 1949. To the Honorable Mayor and City Council., Dubuque, Iowa. Geri'tlemen: Herewith is submitted Profile No. 1329 showing the proposed grade of Tressa Street from the East pro- party line of Esther Street to the end of Tressa Street. I recommend that the proposed grade be approved as shown on the profile and that 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 Murphy. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No. 8.49. An ordinance establishing a grade on Tressa Street from the east property line of Esther Street to the end of Tressa Street, pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at ]east one week before its final adoption. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. February 14, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith is submit- ted Profile No. 1330 showing the proposed grade of McLenan Street from the south property line of Mt. Loretta Avenue to the north pro- perty line of Tressa Street. I recommend that the proposed grade be approved as shown on the profile and that an ordinance be passed establishing such grade. Respectfully submitted, R. J. Gallagher, City Engineer. Councilman Murphy moved that the recommendation of City En- gineer Gallagher be approved. Sec• onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No. 9~}9, Ai: ordinance establishing a grade on McLenan Street from the south property line of Mt. Loretta Avenue to the north property line of Tressa Street, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Murphy. Carried by the fal• lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that the rules be suspended re• quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, ~. rp, I' 'r Special Session, February 28th, 1949 87 Councilmen Moffatt, Murphy, Thompson, Wharton. 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 Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RE30LUTION N0. 62.49 Preliminary approval of propos- ', ed plans, specifications, Yorm of i contract, plat and all other docu- ments for the construction of a storm sewerage system for the Hillcrest Annexation, with storm sewers located in the following 1o- cations: 1. In Hillcrest Road from the west property line of Asbury I, Road to the east property line of Ogilby Road. 2. In Morningview Road Yrom the north property line of Hillcrest Road to the south pro- perty line of Asbury Road. 3. In Valleyview Road from Morning- view Road to Broadlawn Road, pre- sented and read. C o u n c i l m a n Thompson moved the adoption of the resolution. Seconded by Coun- cilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. (Necessity for Improvement) RESOLUTION N0. 63-49 WHEREAS, proposed plans, spec- ifications, Yorm of contract, plat, have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now an file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, for the con• struction of a storm sewerage sys- tem for the Hillcrest Annexation, with storm sewers 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 Hillcrest Road to the south property line of Asbury Road. 3. In Valleyview Road from Morningview Road to Broadlawn Road. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition cf 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 Ci- ty Clerk objections to the proposed improvement they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- fore 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 paid out of the sewer fund. The above resolution was intro- duced, approved and ordered plao- ed on file with the City Clerk this 28th day of February, 1949. Approved and placed on file for final action. Approved: FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPYY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Murphy moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. 88 Special Session, February a8th, 1949 (Fixing date of hearing) RESOLUTION N0. 64-j}9 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 62.49 given its pre• ]iminary 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 con- struction of a storm sewerage sys• tem for the Hillcrest Annexation, with storm sewers located in the following locations: 1. In Hillcrest Road from the west property line of Asbury Road to the east property line oY Ogil• by Road. 2. In Morningview Road from the north property line of Hillcrest Road to the south property line of Asbury Road. In Valleyview Road from Morn• ingview Road to Broadlawn Rd. and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of• Fite for public inspection, Be it therefore resolved that on the 21st day of March 1949, a pub- lic hearing will be held at 7:30 o'clock P.M .in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the propos• ed plans and specifications and pro posed form of contract and at the same time to the cost of the im• provement, and to the passage oP the proposed Resolution of Neces- sity and the City Clerk be and be 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) week prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on Pile with the Clerk objections to the proposed improvement they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final de• cision thereon. Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA Citp Clerk Councilman Moffatt moved the adoption oP the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 65.49 WHEREAS, applications for Beer Permits have been submitted to this Council 4or 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 Mrs. Jean Stangl, 241 Mai n Street, Erwin M. Grab and Helen Grab, 1575 Central Avenue. Levi J. Roach, 330 Main Street. Mrytle A. Chapman, 53 Wes t 12th Street. Mrs. Anna Heiar, 1900 Wash- ington Street. Roy A. Wright and Esther Wright 2600 Jackson Street. i~ I , Special Session, February a8th, 1949 89 Close "C" Permit Ernest W. PYalzgraY, 1300 Cen• tral Avenue. Ernest Latham and Myrtle La- tham, 892 Cleveland Avenue. Passed, adopted and approved, this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHAR'(`ON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION NO. 66.49 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approv- al 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 pro- per bond: Now, therefore, BE IT RESOLVED by the Coun• cil of the City of Dubuque that the Manager be and he is hereby di• retied to issued to the following named applicants a Beer Permit. Class "B" Permit Mrs. Jean Stangl, 241 M a 1 n Street. Erwin M. Grab and Helen Grab, 1575 Central Avenue. Levi J. Roach, 330 Main Street. Mrytle A. Chapman, 53 West 12th Street. Mrs. Anna Heiar, 1900 Washing- ton Street. Roy A. Wright and Esther Wright, 2600 Jackson Street. Class "C" Permit Ernest W. Pfalzgraf, 1300 Cen- tral Avenue. Ernest Latham and Myrtle La- tham, 892 Cleveland Avenue. Be it further resolved that the bonds filed by such applicants be and the same are hereby approv ed Passed, adopted and approved this 28th day of February, 1949. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec• onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 67.49 WHEREAS, there is in the hands of the City Treasurer and credited to the Liquor Sales Fund the sum of $56,483.91; and Whereas, Chapter 88 of the Laws of the Fifty-Second General Assembly provides that the afore• said fund shall be subject to ex- penditure under the direction of the Clty Council for any lawful municipal purpose; and Whereas, it is necessary in the interest of the preservation of the public peace, health, safety and the general welfare of the City of Dubuque that the above sum of $56,483.91 be transferred from the Liquor Sales Fund as follows: $3,- 205.17 into the Fire Pension Fund, $10,276.24 into ,the Fire Mainten- ance Fund, and $42,002.50 into the Consolidated Fund; and WHEREAS, the budget for the current fiscal year, adopted by the City Council on March 19, 1948 was predicated upon the use of the money in the Liquor Sales Fund .for operating purposes; Now, Therefore go Special Session, February 28th, 1949 BE IT RESOLVED by the City Council of the City of Dubuque that there be and there is hereby trans- fered from the Liquor Sales Fund the following sums: $3,205.17 into the Fire Pension Fund, $10,276.24 into the Fire Maintenance Fund and $43,002.50 into the Consolidat- ed Fund; and BE IT FURTHER RESOLVED that the Auditor of the City of Dubuque be and he is hereby dir- ected to adjust his accounts accord- ingly and transfers and such notifi• cation shall be accompanied by a copy of this resolution and the record of its adoption. Passed, adopted and approved this 28th day of February, 1949, FRANK VAN DUELMAN Mayor F. W. THOMPSON. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second• ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Resolution And Application For Transfer Of Emergency Fund. meet its estimated actual and nec• easary expenses for the current fiscal year and the emergency re• ferred to; therefore, be it Resolved by the City Council of the City of Dubuque, Dubuque County, Iowa, that $28,142.44 of the funds in the Emergency Fund be transferred permanently to the Consolidated Fund of said muni- cipality; subject to the approval of the State Comptroller, to be ex- pended in accordance with the pro- visions of Section 24.6 of the 1946 Code, and The City Auditor of said muni- cipality, upon receipt oY aproval by the State Comptroller, is di• rotted to correct his books ac- cordingly and to notify the trea• surer of the transfer, accompany- ing the notification with a copy of this resolution and the record of its adoption. (Presiding Officer) Frank Van Duelman, Mayor. (Secretarial Officer) J. J. Shea, City Clerk. The foregoing resolution was ad• opted by the City Council of the City of Dubuque, Dubuque County, Iowa, at a special meeting of the same on the 28th day of Febru- ary, A.D. 1949. The vote thereon was as fai• lows: Ayes -Frank Van Duelman, F. W. Thompson, Geo. R. Murphy, Albert Wharton, W. W. Moffatt. RESOLUTION N0. 6&49 WHEREAS, there now is in the hands of the treasurer of City of Dubuque, Dubuque County, Iowa, the sum of $28,142.44 credited to the Emergency Fund thereof; and Whereas, an emergency has ar• isen which requires the expendi- ture of $28,142.44 said emergency being of the following character; The increased cost of necessary goods and services that must be paid out of the Consolidated Fund; and Whereas, the .revenue in the Con• solidated Fund is insufficient to Nays-None. Councilman Wharton moved the adoption of the resolution. Sec• onded by Councilman Moffatt. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that Rev. J. M. Wolfe be reap- pointed as a member of Board of Adjustment for a term of 4ive years, said term to expire March 5th, 1954. Seconded by Council• I ,' 1 { y~; is Special Session, February 28th, 1949 g 1 man Moffatt, Carried by the fol• lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. There being no further business Councilman Murphy moved to ad• journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmon Moffatt, Murphy, Thompson, Wharton. Nays-None. J. J. SHEA City Clerk. Approved ...... ....................... 1949. Adopted ....... ............... ..... 1949. ................. Councilmen ............................ Attest :.......... ...................................... City Clerk.