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1949 April Council ProceedingsRegular Session, April 4th, 1949 1S1 I~, City Council (OFFICIAL) Regular Session, April 4th, 1949. Council met at 7:30 P.M. Present-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council, and also the first meeting of the fiscal year, for the transaction cf soh business as may properly come before the meeting, City Clerk J. J. Shea swore in Messrs Romolo N. Russo and Clar- ence P. Welu as Councilmen for the term commencing the first Monday in April, 1949. Councilman Thompson moved that Councilman Wharton be elect- ed Mayor for the ensuing fiscal year. Seconded b y Councilman Welu. Carried by the following vote: Yeas -Mayor -Van Duelman, Councilmen Russo, Thompson, Welu. Naya -None. Councilman Wharton not voting. City Clerk J. J. Shea then swore in the new Mayor, whereupon Mayor Wharton took the Mayor's chair. 'RESOLUTION N0. 97.49 A resolution providing for the appointment of officers of the City of Dubuque; prescribing their sal- aries and fixing their bonds. ~Be It Resolved by the City Coun- cil of the City of Dubuque that the following officers be appointed, sub- ject, however, to the right of the Council to declare such offices va- cant or remove the officers there- from at the pleasure of the Council with or without cause, and to be paid the compensation provided for in the budget, and the following bonds shall be provided by such officers at the expense of t h e Individual officer; City Manager, A, A, Rhomberg, bond $5,000.00; City Solicitor, John J. Kintzinger, bond $1,000.00; Ctty Clerk, J. J. Shea, bond $1,000.00; Police Judge, John C. Oberhausen, bond $1,000.00. Passed, adopted and approved this 4th day of April, 1949. ALBERT WHARTON Mayor F, W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO. CLARENCE P, WELU Councilmen Attest; J. J. Shea City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton. Council- men Russo, Thompson, Van Duel- man, Welu, Nays -None. Mayor Wharton then swore in the newly appointed officers, A, A, Rhomberg, City Manager, John J. Kintzinger, City Solicitor, J. J. Shea, City Clerk, ~ John C. Ober- hausen, Police Judge. April 4, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. As City Manager of the City of Dubuque, the undersigned begs to advise your Honorable Body that all officers and employees whom he has the power to appoint, who are now serving and acting in their respective capacities and assisting in the orderly administration of the City and of the various depart- ments thereot, said officers and employees being under my super vision, direction and control and their appointments continuing at the pleasure of the Manager, shall be paid salaries in accordance with the budget approved by the City Council. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the communication of City Manager Rhomberg be received and made a matter of record. Sec- onded by Councilman Thompson, Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. 152 Regular Session, April 4th, 1949 RESOLUTION N0. 98.49 A resolution designating the official newspaper of the City of Dubuque. Be It Resolved by the City Council of the City of Dubuque that the Telegraph•Herald, adaily news- paper, of general circulation in the City of Dubuque, be and it is hereby designated and appointed the official newspaper of said City. Passed, adopted and approved this 4th day of April, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. Shea. City Clerk. Councilman Welu moved the a- doption of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson,' Van Duel• man, Welu. Nays -None. RE8OLUTION N0. 99.49 A resolution designating the de• positories for public funds of the City of Dubuque, Be It Resolved by the City Coun- cil of the City of Dubuque that the following banks be appointed de- positories of the public funds and. the City Treasurer is hereby au- thorized to distribute such funds in such banks in amounts not to exceed the following: First Nation- al Bank, $326,000,00; American Trust and Savings Bank, $300,000: 00; Dubuquo Bank and Trust Com• pony, $275,000.00. Be It Further Resolved that the City Treasurer be and he is hereby directed to file with the County Treasurer of Dubuque County, Iowa a list of such depositories and to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 4th day of Aprll, 1949, ALBERT WHARTON .Mayor FRANK VAN DUELMAN F. W. THOMPSON ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea. City Clerk Councilman Ruaeo moved t h e adoption of the resolution. Second' ed by Councilman T h o m p s a n. Carried by the following vote: Yeas -Mayor Wliarton, Council- men Russo, Thompson. Van Duelman, Welu, Nays -None. RESOLUTION N0. 90.49 Reaolutlon and application for approval of the permanent trans far of funds, WHEREAS, there is now in the hands of the treasurer the sum of $101,276.13, credited to t h e Street Construct[on fund, and WHEREAS, there is now in the 'hands et the treasurer the sum of $10,296.19, credited to the Airport fund, and WHEREAS, it [s desired to trans far $25,000.00 from the Street Con• struction Fund to the Airport (road purpose) Fund, for the following reasons: Ir. order to obtain matching funds from the Civll Aeronautics Admin• iatration of the Federal Govern' maul for the construction of a public access road into the Mun• Icipal Airport without issuing bonds, which would require the levy o[ future taxes for their retirement. and WHEREAS, said transfer is to be permanent in accordance with section 24.22, code of 1946, and WHEREAS, there ds sutKcient money in the Steel Construction fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re• solved by the City Counci! of Dubuque of Dubuque County, Iowa, subject to the approval of the State Comptroller, that said sum . dl ~~ t~ Regular Session, April 4th, 1949 1S3 of $25,000.00, be and the same ie hereby transferred tram the Street Construction fund to the Airport Lund, and the City Auditor (Secre- tarial officer) fa directed to correct his books accordingly and to notify the treasurer of this transfer, ac• companying the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Ayes FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Nays NONE. Frank Van Duelman (Presiding officer) J. J. Shea (Secretarial ofYlcer) I hereby certify the above to be a true and correct copy of reaolu• lion passed by the City Council on the 28th day o! March, A. D. 1949. _ J. J. Shea. (Secretarial officer) APPROVAL The above application and resolu• lion having .been filed with the State Comptroller, the transfer re- quested is Approved March 30, 1949. R, N. Johnson State Comptroller Councilman Van Duelman moved' that the approval of State Comp- troller R. N. Johnson be receiv ed and made a matter of record. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas-Mayor Wharton, Council' men .Ruaeo, Thompson, Van Duel' man, Wela Nays -None. Notice of Claim of Mrs. Anna Lang in an unstated amount for Doctor and Hospital bills for injuries received in a tall on the ice in the middle of 23rd Street and Central Avenue, presented and read. Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council' men Russo, Thompson, Van Duel• maa, Weln. Nays -None, Communication of the Continent' al Casualty Company submitting Certificate of Compliance for the transaction of Fidelity and Surety business in the State of Iowa Por the year ending March 31, 1960, presented and read, Councilman Van Dueiman moved that the com- munication and Certificate of Com• piiance be received and placed on P 11 e, Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duelman, Welu. Nays - Nane, Communication of Thomas J. Walsh, Eaecutive Secretary, "I AM AN AMERICAN DAY" Committee, in regard to the issuance of a pro- clamation setting aside Sunday, May ib as the 1949 "I AM AN A• MERICAN DAY" and also as to the setting up a program with civic organizations for this purpose, pre- sented and read. Councilman Van Duelman. moved that the commun- ication be referred to the Mayor for consideration. Seconded .by Councilman Russo, Carried by the following vote: Yeas -Mayor Wharton, CouncU• men R u a s o, Thompson, Van Duelman, Welu. Nays -None ' Communication of the Mattel Realty A Investment Co. submitting an offer In the amount of $125.00 !or the purchase of Lot 1 of 5 of 1 of Geiger's Subdivision, presented and read. Councilman Thompson moved that the communication ''e referred to the Council to view the grounds. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men R u s a o, Thompson, Van Duelman, Wharton. Nays -None. Communication of the Highland Construction Company, Inc. extend- ing invitation to the City Council and City Manager to attend a pre' 1S4 Regular Session, April 4th, 1949 showing of the Lustron demonstra- tion home now erected and com- pletely furnished at 1460 South Grandview Avenue, presented and read. Councilman Van Duelman moved that the communication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Ducl- man, Wharton. Nays -None. Communication of Robert J. Lundin making application for ap- pointment on the Board of Review, presented and road. Councilman Van Duelman moved that the com- munication be referred to the joint meeting of the City Council, Board of Supervisors and Board of Ed- ucation for their consideration. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Council- man Russo, Thompson, Van Du~l- man, Welu. Nays -None. Petition of Russell G. Kiasling requesting a refund in the amount of $25.00 on the unexpired portion of Ibis Cigarette Permit No. 122 as he has discontinued business on March 29, 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 Russell G. Kiss- ling to covet the amount of re- fund granted on the unexpired portion of his Cigarette Permit No. 322, Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Petition of Thelma Mardauss re- questing arefund in the amount of $25.60 on the unexpired portion of her Cigarette Permit Na. 173 as she has dissolved partnership on Apri]•1,1949, presented and read. Councilman Van Duelman moved that the request..be granted and the City Auditor instructed to draw a warrant in fife amount of $25.00 in favor of Thelma Mardauss to cover the amount of refund granted on the unexpired portion of hor Cigarette Permit No. 173. Seconded by Councilman Rueao. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. ' Nays -None. Petition of Paul J. Meyer re• questing a refund in the amount of $25.00 on the unexpired portion of his. Cigarette Permit No. 3 and he has discontinued business as of April 1, 1949, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Paul J. Meyer t o cover the amount of refund granted on the unexpired portion of his Cigarette Permit No, 3. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of Clarence J. Bowen and Robert L. Hanson requesting a refund in the amount of $100.00 on the unexpired portion of their Class "B" Beer Permit No. 98 as they have dissolved partnership on March 28th, 1949, presented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor o1 Clarence J. Bowen and Robert L. Hanson t0 cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 98. Sec- onded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• mah, Welu. Nays =None. Petition of Mrs. Lena Bauer re- questing that the attached reaolu• tion be adopted conveying Lot 11A in High Street Subdivision to her, said property being land abutting on Troy Street between Johnson Avenue and the end of Troy Street, presented and read.- Councilman Thompson moved that the petition be received and filed. Seconded by I~ i I~ I I I ~,o ~, Regular Session, April 4th, 1949 155 Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duelman, Welu. Nays -None. RESOLUTION N0. 100.49 Whereas, under date of Septem- ber 15, 1898, the Council of the City of Dubuque adopted a Resolution which in part provided as follows: "Therefore, Resolved by the ci[y council of the city of Dubuque; That a strip of land ten Peet wide on the westerly aide and ten feet wide on the easterly side of Troy Street from Johnson Avenue to end of said Troy Street in High Street Sub., be and the same is hereby vacated and annulled as a public highway in favor oY the owners of the lots and parcels ~f ]and abutting thereon." A n d Whereas, aubsaquent to the adop- tion of said Resolution, the owners of Lot 11 in High Street Subdiv ision took possession of the .part of, the street vacated immediately abutting said Lot 11; And Whereas, Lena Bauer has had said Lot 11 and the part of the street vacated abutting said Lot 11 platted, an the part of the street abutting sai~ Lot 11 being designated in said plat as Lot 11A, which plat is filed for record and recorded in Book 7, page 165 of the Plat Records of Dubuque County, Iowa; And Whereas, Lena Bauer is now the owner of said vacated portion of said street, known as Lot 11A; And Whereas, to secure said Lena Bauer to her title of the vacated portion of Troy Street, it is deemed advisable by this Council to convey, by Quit Claim Deed, Lot ilA in High Street Subdivision to said Lena Bauer. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: Sec. 1. That the Mayor a n d Clerk be, and they are hereby authorized and directed to execute for and on behalf of the City of Dubuque a Quit Claim Deed of Lot 11A in High Street Subdivision in the City of Dubuque, Iowa to Lena Bauer. Sec. 2. That the Clerk be, and he is hereby directed to file a certified copy of this Resolution Eor record in, the office of the Recorder of Dubuque County, Iowa. Passed, Adopted and approved this 4th day of April, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELD Councilmen Attest: J. J. Shea City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by .Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of the Dubuque Packing Company requesting permission to erect and maintain a steel -bridge across Sycamore Street for the purpose of supporting and housing cables and pipes to be used in the manufacture of ice, and to erect and maintain a steel tower to support the same, presented and read. Councilman Van Duelman moved that the technical part of the petition be referred to the City Manager for recommendation and report and the petition i n general be referred to the Council. to view the grounds. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Dui-1• man, Welu. Nays -None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list o~ claims for which warrants were drawn during the month of February, 1949, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the fallowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. QIIIIIIII' 156 Regular Session, April 4th, 1949 ~ Regular Session, Aprif 4th, 1949 1S7 _ ORDINANCE N0. 12.49 An ordinance designating t h e alley, first. west of University Ave• nue as a lane and naming the same, said ordinance having been passed upon first reading on March 28th, 1949 and ordered placed on fife with the City Clerk for public in• spection far at least one week be• tare its final adoption, was present- ed for final adoption. ORDINANSE N0. 12--49 An Ordinance designating the alley, first west of University Avenue as a lane and naming the _ same. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE; Sec. 1. That the. alley, first west of University Avenue, be- tween Algona and Auburn Streets, be and the same is hereby desig- nated as a Lane. Sec, 2. That the name of said Lane shall be "Campus Lane." Sec. 3, This Ordinance shall be in force and effect ten days from- and after its final passage by the City Council and publication as by law provided, Passed upon first reading March 28th, 1949. Passed, adopted and approved upon final reading this 4th day oP April, 1949. ALBERT WHARTON, Mayor, F, W. THOMPSON, FRANK VAN DUELMAN. ROMOLO N. RUSSO, _ CLARENCE P, WELD. Councilmen Attest; J. J. SHEA, City Clerk. Published officially to The Tele• graph•Herald newspaper this 7th day of April, 1949 J. J. SHEA, City Clerk. Councilman Thompson moved the adoption oY the ordinance, Second• ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. March 30, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith is submitted Profile No. 1332 showing the proposed change of grade on Stetmore Street from the south property line of Lombard Street to the south property line of Theisen Street. I recommend that the proposed grade change be approved as shown on said profile and that an ordinance Abe adopte:i establishing such grade. Respectfully submitted, R. J. Gallagher City Engineer. Councilman Van Duelman moved that the recommendation of City Engineer Gallagher be approved. Seconded by Councilman Thomp• son. Carried by the following vote; Yeas -Mayor Wharton, Counc~- men Russo, Thompson, -Van Duel- man, Welu. Nays -None. ORDINANCE N0. 13-09 An Ordinance changing the grade of Stetmore Street from the south property line of Lombard Street to the south properjy line of Theisen Street, presented and read. Council• man Thompson moved that t h e reading just had be considered the first reading of the ordinance. Sec• onded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Councilman Thompson move d that the rules be suspended re• quiring an ordinance to be read on three separate days, Seconded by Councilman Russo. Carded by the following vote; Yeas --Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Councilman Thompson move d that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its Final adoption.' Second• ~~ t f i 1 i~- v causing her to incur medical ex• pensea and other expenses in the sum of $80.00, that she has suffered pain and much inconvenience. After consultation with her she has agreed to accept one-half of the actual expense incurred, to wit, the amount of $40.00. I recommend that the claim be allowed in the sum of $40.00, that a warrant be issued payable to her order for that amount, and delivered to her upon delivery to the City of a release properly executed by her, Yourx truly, John J. Kintzinger City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed ~o draw a warrant in the amount of $40.00 in favor of Mra. Barbara Marach, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City op Dubuque of a properly executed release. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Dusl• man, Welu. Nays -None. March 31, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen; With reference to the claim of Mra, Christina Kowalake, 257 East 12th Street, submited to me for investigation and report, I have investigated this matter and from such investigation find that she was walking north on her way to - the A & P Store when she slipped and fell on ice in front of the City Cafe on 13th Street at which time she received a fractured right wrist, compelling her to go to the hospital and receive medical lLtten• lion. Her actual expenses amount- ed to $84.50. This is a very close case, and she has agreed to accept one-half of the actual expenses in full payment of her claim, to wit, $42.25. I recommend that her claim be allowed in the sum of $42.25, ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. ORDINANCE N0. i4--49 An Ordinance establishing park- ing regulations on part of East 30th Street and providing for a penalty for violation thereof, pre• sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. Councilman Thompson move d that the rules be suspended re• quiring an ordinance to be read on three separate days. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Dual• man, Welu. Nays -None. Councilman Thompson move d 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 Welu. Carried by the following vote; Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Naye -None. March 31, 1949 Honorable Mayor and Members oY the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Barbara Marsch, 12291/2 Bluff Street, submitted to me for in- vestigation and report, I have in• veatigated this claim and find that on February 2nd, 1949 about 4:00 P.M. claimant, while walking on Locust Street, fell on the sidewalk in front of 1375 Locust Street at a place where the sidewalk was covered with dangerous ice and received a fracture to her arm, 158 Regular Session, April 4th, 1949 that a warrant be issued payable to her order for that amount and delivered to her upon delivery to the City of a release properly ex- ecuted by hers Yours truly, John J. Kintzinger City Solicitor Councilman Van Duelman moved that the recommendation oP City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $42.25 in favor of Mrs. Christina Kowalske, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release. Seconded Eby Coun- cilman Welu. Carried by the Yollow• ing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. April 1, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Charles G. Evans, 234 West 5th Street which was submitted to me far investigation and report, from such investigation I find that on January 23rd, 1949 about 10:30 A. M. claimant while crossing the alley at the crosswalk on the north aide of West 5th Street between Main and Locust fell and broke his right arm near the shoulder; claimant was in the hospital from January 24th, 1949 to February 4th, 1949 and has been unable to do anything since the time of his injury. That the crosswalk was cow ered with rough, rounded, rutty and dangerous ice which caused claim~ want to fall. Claimant's actual dam- ages are his hospital bill in the amount of $149.70,.and the doctor's bill in the amount of $75.00, making a total of $224.70. After consulta- tions with him, he has 9,greed to accept $224.70 in full payment of h)s claim against the city. I recom- mend that his claim •be allowed in the sum of $224.70, that a warrant be issued payable to his order for that amount, and delivered to him upon delivery to the city of a release properly executed by him. Yours truly, Jahn J. Kintzinger City Solicitor. Councilman Van Duelman moved that the recommendation oY City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $224.70 in favor of Charles G. Evans as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Thompson, Carried by the follow- ing vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van . Duel• rnan, Welu. Nays - Nope. April 4, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim. of Ottilia Frick submitted to me for investigation and report, on Jan- uary 5, 1949, claimant'while walk- ing on the sidewalk on Arlington Street fell on some rough, round- ed and uneven ice, fracturing her leg, which compelled her, to have medical and hospital care, and lose of time from work. That she has Piled a claim far $1,200.00; that I have had consultations with her attorney, and her actual doctor, %-ray and medical expense amount to $206.10, in addition to which she lost time from work. That they have agreed to settle this claim far $250.00. I recommend that a warrant be issued payable to Wal• ter Keorner, Attorney for Ottilia Frick in the sum of $250.00; that the same be delivered upon de- livery to the City o4 a release properly executed by claimant. Yours truly, John J. Kintzinger City Solicitor. Councilman Thompson move d that the recommendatiot ~f C11r Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $250.00 in favor of Walter Koer- ner, Attorney for Ott311a Frick, s~ ,a Regular Session, April 4th, 1949 159 settlement in full oY her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec- - onded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays - None. (Awarding Contract) RESOLUTION N0. 91.49 WHEREAS, proposals have been submitted by contractors for the constriction of 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 (8) inch sanitary sewer, lift station ' and six (5) inch cast iron force main for the Bradley Street Sewer District. The eight (S) inch sewer line begins 'at the lift station locat- ed on the center line of 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 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 a- cross lot number 6 of Block 10 oY Grandview Park along a line five feet westerly from and parallel to the easterly line of said lot to manhole number 4 at the center of Bradley Street; thence wester- ly along the center line of Bradley Street to a point opposite the cen- ter line of lot 47 oY Grandview Place; also an eight (8) inch son- itary sewer from manhole number 4 northerly a distance oY 16 feet; thence easterly in Bradley Street along aline 9 feet south of and parallel to the northerly Bne oP - Bradley Street to a point opposite the line between lots numbered 22 and 23 of Black 3 of Grandview Park. The sia (B) inch cast iron force main begins at the lift ata- tion 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 exist~ }ng sanitary sewer in Grandview Avenue also an eight (8) inch vitrified sewer pipe overflow line begins at said lift station and pro- ceeds in a southerly direction a• cross portions of lots numbered 22, 23; 24, and 25 of Block 10 o Y Grandview Park, across vacat°d Perry Street and continuing across a portion of 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 of 532 feet from said lift station. pursuant to Resolution No. 68-49 and Larson Construction Co, con• tractor has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the planx and specifications; now therefore, BE IT RESOLVED .by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to the Larson Construction Co. and the Manager be and he is hereby directed to execute a con• tract on behalf of the City of llubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on March 28th, 1949. Passed and adapted this 4th day of April, 1949. ALBERT WHARTON Mayor F. W. TMOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk 1 160 Regular Session, April 4th, 1949 Regular Session, April 4th, 1949 161 Councilman Van Duelman moved the adoption of the resolution. SeG onded by Councilman Thompsou. Carried bq the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. (Awarding, Contract) RESOLUTION N0. 929 WHEREAS, proposals have been submitted by contractors for the improvement of the following streets: (1) Esther Street from the south curb line of Mt. Loretta Avenue to the north curb line of Tressa Street, and (2) Tressa Street from the east property line of Esther Street to the west property line of McLenan Street. pursuant to Resolutions No. 44.49 and 4649 and The K-M Construc- tion Company contractor, has sub• matted the lowest bid for the fur- nishing of all labor and materials and performing the work as pro• vided for in the plans and specifi• cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement ,be awarded to The K-M Construction Company and the Manager be and be is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete perform- aace of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after fts passage and adoption by the City Council. Approved and placed on file for one week on March 28th, 1949. Passed and adopted this 4th day' of April, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN' ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Councilman Thompson m o v e,i the adoption of the resolution. Sec- onded by Councilman Welu. Carried by the following vote: Yeas - Mayor Wharton, CounciI- men Russo, Thompson, Van Duel• man, Welu. Nays -None. (Awarding, Contract) RESOLUTION N0. 93.4'9. WHEREAS, proposals hpve been eubmitted by contractors for the improvement oY the following streets: (1) Hillcrest Road from the west property line of Asbury Road to the east property line of Avalon Road. (2) Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road. (3) Broadiawn Road from the south property line of Asbury Rd. to the north property line of Hiil• crest Road. (4) Avalon Road from the south property line of Asbury Road to the north property line of Hillcrest Road. (5) Valleyview Road from the west property line of Morningview Road to the east property line of Avalon Road pursuant to Resolu- tions No. 48-49, 50-49, 52-49, 54-49 and 56-49 and the Thos. Flynn Coal Company, contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract far the above mentioned improvement be award- ed to the Thos. Flynn Coal Com- pany and the Manager be and ale is hereby directed to execute a contract on behalf of the .City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution :being deemed urgent and' of immediate necessity become effective from and after .te ,1 „F x passage and adoption by the Cfty Council. Approved and placed on file~for one week an March 28th, 1949. Passed and adopted this 4th day of April, 1949. • ALBERT WHARTON Mayor F. W, THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson, Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. RESOLUTION NO. 101.49 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and- cigarette papers within said Clty and the Manager is directed to issue such permit on behalf o! said City. Name -Address Thelma Mardauss, 349 Eighth Avenue. BE IT FURTHER RESOLVED that the bond filed with the appli• cation be approved. Passed, adopted and ,approved 'this 4th day of April., 1949. ALBERT WHAHTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. Shea City Clerk. Councilman Thompson move d the adoption of the resolution. Sec- onded by Councilman Van Duel• man. Carried by the following vote: Yeas -Mayor Wharton, Councii- men Russo, Thompson, Van Duel- man, Welu. . Nays -None. Rf60LUTdON NO. 102.49 WHEREAS, agplications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the Goun• cil of the City of Dubuque that the following applications be grant- ed and the licenses are to be issuad upon the compliance with t h e terms of the ordinances of this city. ~ CLASS "B" PERMIT Name -Address Ellas Mihalis and Ruby Mihalis, 574 East 16th Street. Class "C" Permit William J. White, 1993 Asbury Road. Passed, adopted and approved this 4th day of April, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Welu. Carried ' by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. RESOLUTION NO. 103.49 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 proper bond: NOW, THEREFORE, BE IT RESOLVED •by the Coun- cil oP the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit: CLASS "B" PERMIT Name -Address Ellas Mihalis and Ruby Mihalis, 574 East 16th Street. 162 Regular Session, April 4th, 1949 CLASS "C" PERMIT -'9Villiam J. White, 1993 Asbury Road. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 4th day of April, 1949. ALBERT WHARTON , Mayor. F. W. THOMPSON FRANK"VAN DUELMAN RO~fOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec• onded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Couu- cilmen Russo, Thompson, Van Duel- man, Weln. Nays -None. RESOLUTION N0. 10449 RESOLUTION DESIGNATING DE• POSITORY TO RECEIVE PUBLIC FUNDS FOR FEDERAL AIRPORT PROJECT, ><JNIT N0. 2, DU- BUQUE MUNICIBAL AIRPORT. WHEREAS, the regulations -under the Federal Airport Act re- quires the designation of official, -officials, or depository authorized by law to receive public funds within 10 days after the accep- tance of a Grant Offer from the United States, and WHEREAS, under the provisions of Chapter 453, 1946 Code oY Iowa, the Dubuque Bank and Trust Co. is legally authorized to receive such public funds, now therefore, 1iE IT RESOLVED by the City Council of the City of Dubuque that the Dubuque Bank and Trust Co. is hereby designated depository for the City of Dubuque, Iowa to receive payments representing the United States' share oP project costs for Federal airport project, Unit 2., Dubuque Municipal Airport. Passed, adopted and approved this 4th day of April., 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU COUNCILMEN Attest: J. J. Shea City Clerk Councilman Van Duelman moved the adoption of the resolution Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Counc~l- ,men Russo, Thompson, Van Duel- man, Welu. Nays -None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Ceuncil- man Thompson. Carried by t h e following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. J. J. SHEA, City Clerk. Approved .................................... 1949 Adopted ........................................ 1949 Councilmen { ..:................................... Attest:' ...:............................................ a Special Session, April 18th, 1949 163 City Council (OFFICIAL). Special Session; April 18th, 1999 Council met ak 7:30 P.M. Present -Mayor Wharton, Councilmen Russo, Thompson, Van Duelman, Welu. City Manage r Rhomberg. Meeting called by order of Coun- cilmen Russo and Welu. Mayor Wharton read the call and stated that service thereof had ;been duly made and that this meet- ing is called for the purpose of considering bids submitted for the improvement of Stetmore Street, for the improvement of Dunlieth Street and for the construction of a storm sewerage system for tho Hillcrest Annexation and acting on auy other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to Eby the publishers, of ^otice to contractors of the receipt of pro• posals for the improvement of Stet- more Street (weak side) from the north property line of Theisen Street to the south property ling of Lombard Street, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. April 18, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed .bids were received until 10:- 00 A. M., April 18, 1949 for the improvement of the west side of Stetmore Street from Theisen Street to Lombard Street. T h e three bids received are tabulated ou the attached sheet. I recommend that the contract for the above work be awarded to the Thos. Flynn Coal Company, whose bid was the lowest and hest received. Respectfully submitted, A. A. Rhomberg City Manager Councilman Thompson move d that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. (Awarding Contract) RESOLUTION N0.105.49 WHEREAS, proposals have been submitted by contractors for the improvement of Stetmore Street (west side) from the north prop- erty line of Theisen Street to the south property line of Lombard Street pursuant to Resolution No. 87-49 and the Thos. Flynn Coal Company contractor, hoe submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to the Thos. Flynn Coal Corn- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption .by the City Council. Approved and Placed on file for one week on April 18th, 1949. Councilman Van Duelman moved that the resolution be approved and placed on file for one week. Seconded by Councilman W e 1 u. Carried by, the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Proof of publication, certified to by the publishers, of noticg to contractors of the receipt of ~ro- posals for the improvement o f 164 Special Session, April 18th, 1949 Dunleith Street from the west property line of Southern Avenue to the cud, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Russo. Carried by the following vote: Ysas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- , Welu. Nays - None. April 18, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., April 18, 1949 for the improvement of Dunleith Street from the west line of Southern Avenue to the end of the street. The two bids received are tahu- Iated on the attached sheet. I recommend that the contract for this work be awarded to the Thos. Flynn Coal Company, whose bid was the lowest and best re- ceived. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson move d that- the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duel• man, Carried by.the following vote: Yeas -Mayor Wharton, Council men Russo, Thompson, Van Duel- man, Welu. Nays - None. (Awarding Contract) RESOLUTION N0. 106.49 WHEREAS, proposals have been submitted by contractors for the tmpravement Of Dunleith Street from the west property line of Southern Avenue to the end Pur• snout to Resolution No. 89-49 and the Thos. Flynn -Coal Company contractor, has submitted the low• est ,bid for the furnishing of alt labor and materials and performing the work as provided far in the plans and specifications; n o w therefore, BE IT RE50LVED by the City Council of the City of Dubuque that the contract for the above mentio3uad improvement be award- ed to the Thos. Flynn Coal Com• pang and the Manager be and he is hereby directed to execute a contract on "behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on April 18, 1949. Councilman Van Duelman moved that the resolution be approved and placed on file for .one week. Seconded by Councilman Russo. Carried •by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Proof of publication, Certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of a storm sewerage system for the Hillcrest Annexation with storm sewers lo- cated 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 MorningYiew Road from the north property line of Hillcrest Road to the south property line of Asbury Road. 3. In Valleyview Road fro m Morningview Road to Broadlawn Road, presented and read. Council- man Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. April 18, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: ~ Pursuant to your instructions, sealed bids were received until 10:00 A. M., April 18, 1949 for the construction of storm sewers to the Hillcrest Annexation District. ~~ ~~~ Special Session, April 18th, 1949 - 16S The twa bids received are tabutat- ed on the attached sheet. I recommend that the contraei for this work be awarded to the Thos. Flynn Coal Company whose _ bid was the lowest and best re- ceived. Respectfully submitte~.i, A. A.'Rhomberg, City Manager Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Weht. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. (Awarding Contract) RESOLUTION N0. 107.49 WHEREAS, proposals have been submitted by contractors for the construction of a storm sewerage system for the Hillcrest Annexe- . tion with storm sewers located ~n the following locations: 1. In Hillcrest Road from the west property line of Asbury Road to the east property line of Ogii'~y 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. pursuant to Resolution" No. 82.49 and the Thos. Flynn Coal Company contractor, has submitted the low- est bid for the furnishing of all labor and" materials and perform- ' ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Caunefl' of the City of Dubuque that the contract for the above mentioned improvement be award- ed to the Thos. Flynn Coal Com- pony and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- . formance of said work. BE IT FURTHER RESOLVED that this resolution being deemed u>`genC and of immediate necessity become effective from and-after its passage and adoption by the City Council. Approved and placed on file for one week on April 18th, 1949. Councilman Van Duelman moved that the resolution be approved and placed on file for one week. Sec• onded by Councilman Russo. Car• rred by the following vote: Yeas -Mayor Wharton, Council• men Russo,, Thompson, Van Duel- man, Welu. Nays -None. Councilman Van Duelman moved that the- rulers be suspended for the purpose of allowing anp one pres- ent in the Council Chamber, who wishes to do so, to address the Council, Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Mr Homer Butt addressed the Council asking,tflat he be granted permission to erect Luetron Homes in the City of Dubuque. Council- man Russo moved that action be suspended by the'Council on the verbal request of )4Yr: Homer Butt for the purpose of further study and investigation. Seconded b y Councilman Thompson. Carried by ~ the following vote; Yeas -Mayor Wharton, Council- man Russo, Thompson, Van Duel- man, Welu. Nays -None. Attorney William Connery ad- dressed the Council with reference to the extension of the atarm sew- er, the grading and opening of Adair Street and requesting that Council review this area. Council- man Thompson moved that the verbal request of Attorney 1Villiath Connery be referred to the Council to again view the grounds. Second- ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men. Russo, Thompson, Ven Duel- man, Welu. Nays -None. Mr. Glenn Ellis and others, resi- dents and property owners itt the Cherry Street, Green Street a~n~l Finley Street diatrlcts addresaeil thg Council with ref~rende~ t!k thL 166 Special Session, April 18th, 1949 construction of a sanitary sewer in this district. Councilman Vin Duelman moved that the C i t y Solicitor be instructed to prepare and submit for Council considera- tion an ordinance cstablfshing the Cherry-Green Finley Streets sewer district. Seconded by Councilman Russo. Carried by the following Vote: Yeas -Mayor Wharton, Councii- I men Russc, Thompson, Van Duel- man, Welu. Nays -None. Notice of Claim of Mra. Anna Link in the amount of $5,000.00 for injuries received in a fall on an icy sidewalk fn front of the store, building at 2997 Central Ave- nue, presented and read. Council- man Thompson moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Rpsso, Thompson, Van Duel- man, Welu. Nays - None. Notice of Claim of Ruby Bideaux in the amount of $1,000.00 for injuries received in a fall on au icy sidewalk on the westerly side of Spruce Street approximately three or four feet where it joins the sidewalk on the northerly side of University Avenue, presented and read. Councilman Thompson moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seo- onded by Councilman Russo. Car• ried .by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays - Nono. Notice of Claim of Marie A. Reynolds in the amount of $2.,000: 00 for injuries received in a fall on an icy alley crossing on Eighth Avenue between the Roshek Broth- ers Store and Montgomery Ward and Co. Store on the' south airie of Eighth Avenue, presented and read. Councilman Thompson mow ed that the Notice oP Claim be re• ferred to the City Solicitor for investigation and report Second• ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Notice of Claim of R. C. Irwin in the amount of $7.50 for damages to his automobile caused in strik• ing a hole in the street on Asbury Road opposite Ogilby Road, pre- sented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor far investigation and report. Sec- onded by Councilman Welu. Car• ried by the fallowing vote: Yeas -Mayor Wharton, Council- men Russc, Thompson, Van Duel- man, Welu. Nays -None, - Communication of The United States Conference of Mayors in regard to the new Rent Control Act as the same applies to a state or local government, present- ed and read. Councilman Van Duel- man moved that the communica• lion be referred to the Council for consideration. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton. Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Communication of the Wickes Engineering & Construction Co. submitting for City files a Main- tenance Bond issued Eby the Johns• Manville Company covering roof- ing and sheet metal installed by the Geisler Brothers Company, of Dubuque, at the Terminal Admin• istration Building at Dubuque Municipal Airport, presented and read. Councilman Van Duelman moved that the communication be received and filed and the Main- tenance Bond placed on file. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. Communication of the Dubuque Fire Fighters Association extend- ing thanks to the, City Council { i Special Session, April 18th, 1949 167 for the granting of a five percent salary increase for the members of the Fire Department, presented and read. Councilman Russo moved that the communication be receiv- ed and filed. Seconded by Council- man Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Weln. Nays -None. Communication of the Dubuque Policemen's Protective Association extending their appreciation to the City Council for the recent ln• crease in wages granted to the members of the Police Department and also extending an invitation to the Council to attend the Annual Policemen's Ball to be held a t Melody Mill, presented and read. Councilman Van Duelman moved that the communication be receiv- ed and (fled. Seconded ,by Counictl• man Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Dual- man, Welu. Nays -None. Communication of the Midwest Conference of Building Officials and Inspectors announcing th e Third Annual School for Building Inspectors to be held in Chicago, Illinois, June 19-23, 1949, and ex• tending an invitation to the Buitd• ing and Plumbing Inspectors to attend said school., presented and read. Councilman Van Duelman moved that the communication be referred to the Council for con- sideration. Seconded by Council- men Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Communication of the National Highway Users Conference, Inc. advising that they are about to sponsor a highly significgnt safety development sad asking that the Mayor issue a statement to the press on May 10, citing the signiti• cance of this unique approach to better traffic safety, presented and read. Councilman Van Duelman moved that the communication be referred to the Mayor. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of Mrs, Mary Hier, re- ferred to the City Cauncll by the Board of Supervisors, requesting the suspension of the 1948 tax on the North 24 feet of the East 170 Peet of Lot 374 Davis Farm Addi• lion, presented and read. Council- man Thompson moved that the petition be referred to the City Solicitor Por investigation and re- port. Seconded by Councilman Russo. Carried .by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of Mre. Elizabeth Clark and others requesting the exten- sion of the sanitary sewer o n Lincoln Avenue to serve their prop- erty, presented and read. Council- man Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Coundil- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Petition of the Catholic Mother's Study Clubs requesting the City Council to take some action to have property owners investigate the condition of cisterns, wells dr mine holes an their property and make sure that they are aduquately covered in order to eliminate hai:- ards to small children, presented and read. Councilman Van Duel- man moved that the City Manager be instructed to have a survey made of City awned property to ascertain if any hazards exist and to correct the same if any are found, also to request property owners to do likewise, also to re- quest any citizens knowing oY any such hazards to report the same to the Police Department. Seconded 168 Special Session, April 18th, 1949 by Councilman Thompson. Carried by the following vote; Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None, Petition of the Safety Committee Dubuque Junior Chamber of Com• merce requesting the City Council and the City Recreation Depart• went to provide supervised play- ground facilities from June 13, 1949 to September 2, 1949, presented and read. Councilman Thompson moved that the petition be referred to the Recreation Commission for their recommendation and report. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays - None. Petition of Louis J. Kirkwood and others, property owners, re- questing that a sanitary sewer ,ne constructed on Coates Avenue, Cross and Simpson Streets, as soon as possible, ae the septic tankd now in service are causing a defin• its health hazard in this area, pre- sented and read, Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Seconded b y Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Mr. Herbert Klauer addressed the Council wit h reference to the drainage of storm water and the condition of the alley between Asbury and Finley Streets tram Green Street to Cherry Street and asking that both conditions be taken care of, Councilman Van Duelman moved that the verbal request of Mr. Herbert Klauer be referred to th0 Council to view the grounds. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu. Nays -None. Mr. Ralph Noe addressed the Council asking that some relief tie granted in the matter of parking in the vicinity of 919 Bluff Street, Councilman Van Duelman moved that the verbal request of Mr. Ralph Noe be referred to the Council for consideration. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of Thos, J. Mulgrew Co. making application for permission ' to erect a fuel oil storage tank, that will hold approximately fif~:y thousand barrels of fuel oil, ou their property in Block 27 of Du• buque Harbor Company's Addition, presented and read. Councilman Van Duelman moved that the peti- tion be referred to the Council to view the grounds. Seconded b y Councilman Russo, Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Petition of J. P. Burroughs and others, owners of property along English Lane, requesting the Citq Council to grade and curb Englis0 Lane Pram Mt. Loretta to South- ern Avenue and to widen it to forty feet, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Welu, Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of the Dubuque Safety Council requesting that the neces- sary proceedings be prepared and adopted designating Windsor Ave• nue as a boulevard from Garfield Avenue to the east line of Rhom- berg Avenue and from the west line of Rhomberg Avenue to tha south line of Davis Street, present- ed and read. Councilman Russo moved that the petition be referred to the Chief of Police Yor invest• ~,. ~, 4- ~:. u; h Special Session, April 18th, 1949 169 igation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. RESOLUTION N0. 108.49 WHEREAS, Mettel Realty & In- vestment Co., owner of certain real estate, has proposed to vacate cer- tain plats and parts of other plats thereof, all being plats of Mineral Lots 361, 362, and 363 in the City of Dubuque, Iowa, and WHEREAS, to make said declar- ation of vacation effective, it must be approved by the City of Dubuque, Iowa, and WHEREAS, the City of Dubuquo, Iowa, has no abjection to said vacation; NOW, THEREFORE, Be, and it Is Hereby Resolved, that the ~Deo- laration of Vacation of Plats and Parts of Plats by Me~tel Realty & Investment 'Co., relating to prop• erty lying northerly of 32nd Street and westerly of Central Avenue in the City of Dubuque, Iowa, and being located in Mineral Lots 361, 362, and 363 in the City of Dubuque, Iowa, be and the same is hereby approved. Adopted Chia 18th day of April, 1949. ALBERT WHARTON Mayor F, W. THOMPSON FRANK VAN DUELMAN ROMO'LO N. RUSSO CLARENCE P. WELU Councilmen Attest; J. J, Shea City Clerk Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. RESOLUTION N0, 109.49 WHEREAS, Mettel Realty & In vestment Co., is the owner o f certain real estate lying northerly of 32nd Street and westerly of Central Avenue- in the City of Dubuque, Iowa, and located i n Mineral Lots 361, 362., and 363 in the City of Dubuque, Iowa, and WHEREAS, the owner thereof has made and executed a plat thereof so that said property is now known as "Heim Subdivision," and WHEREAS, the plat of sa i d "Heim Subdivision" has been sub- mitted to the City. of Dubuque, Iowa, for approval., and WHEREAS, the City of Dubuque, Iowa, has no objections thereto: NOW, THEREFORE, Be and IC Is Hereby Resolved that the plat of "Heim Subdivision" as made and executed by Mettel Realty & In• vestment Co., relating to property lying northerly of 32nd Street and westerly of Central Avenue and being located in Mineral Lots 361, 362, and 363 in the City of Dubuque, Iowa, be and the same is hereby approved. Adopted this 18th day of April, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N, RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote; Yeas -Mayor Wharton, Council• man Russo, Thompson, Van Duel- man, Welu. Nays -None, Analysis of revenue and expens- es for electric and bus transporta- tion service of the Interstate Power Company for the year ended De• cember 31, 1948, presented and read. Councilman Thompson moved that the report .be received and placed on file. Seconded by Coun- cilman Russo. Carried by the follow- ing vote: Yeas =Mayor Wharton, Council- men Ruasa, Thompson, Van Duel• man, Welu, Nays -None. Petition of the Interstate Power Company asking for some financial relief for their Bus Transportation 170 Special Session, April 18th, 1949 Department, presented and read. Councilman Russo moved that ac- tion on the petition be suspended gation and study by the City Coun- cil and that the officials of the Interstate Power Company be in- vited to attend the meeting of the City Council at the time that the petition is being considered. Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Petition of the Interstate Power Company submitting for Council consideration a proposed change on some of their bus routes in the City of Dubuque, presented and read. Councilman Welu moved that the petition be referred to the City Manager for a conference with the officials of the Interstate Power Company and to submit a report back to the Council. Second- ed .by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays - None. ~ ORDINANCE N0. 13.49 An Ordinance changing the grade of Stetmore Street from the south property line of Lombard Street to the south property line of Thei- sen Street, said ordinance having been passed upon first reading on April 4th, 1949 and ordered placed on file with the. City Clerk for public inspectio^ for at ]east one week before its final adoption, was presented for fins] adoption. ORDINANCE N0. 13-j19 An Ordinance Changing the Grade of Stetmore Street from the South Property Line of Lombard Street to the South Property Line of Theisen Street. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That the grade on Stetmore Street from the south property line of Lombard Street to the south property line of Thei- sen Street established b9 Ordi- nance 2-47 in accordance with ,profile number 1321 be and the same its hereby changed; estab- lished and adopted as shown by the profile of said street and grade prepared by the City Engineer being profile number 1332. Bench Mark, point of arrow on fire hydrant at the southwest corner of Stetmore Street and Lombard Street. elevation 223.63. Said grade begins at station 0+00 at the south property line of Lombard Street, east and west curb elevations 220.30; thence to station 0+50 east and west curb elevations 218.07, thence to station 1}00, east and west curb eleva- tions 216.50; thence to station 2}20. east and west curb eleva- tions 213.54; thence to station 2}70. east and west curb eleva- tions 212.30, thence to station 3}20, east and west curb eleva- tions 211.84; thence to station 4+20 at the south property line of Theisen Street, east and west curb elevations 210.94, Section 2. This ordinance shall be in force and take effect ten (101 days from and after its passage by the City Council and its publi- cator as required by law. Passed upon first reading April 4th, 1949. Passed, adopted and approved April 18th, 1949. ALBERT WHARTON, Mayor, F. W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE. P. WELiJ, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 26th day of April, 1949. J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. ORDINANCE N0. 1449 An Ordinance establishing park• ing regulations on part of East 30th Street, and providing for a ~~~ Special Session, April 18th, 1449 171 peualty for violation thereof, said ordinance having been passed upon first reading on April 4th, 1949 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented far final adoption. ORDINANCE N0. 14-49 An Ordinance Establishing Park- ing Regulations on Part of East 30th Street, and providing for a penalty for Violation Thereof, Be It Ordained by the City Council of the City of Dubuque; Section 1. It shall be unlawful to park any vehicle at any time on the north side of East 30th Street from the east side of Jack- son Street to a point 334 feet easterly thereof, provided that such space above designated shall first be marked by proper signs erected at intervals with the words thereon, "No Parking at Any Time." Section 2. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misde- meanor, and upon conviction shall be fined by a fine of not to exceed $100,00 or imprisonment for not more than 30 days. Section 3. This Ordinance shall be in force and effect ten days from and after its final passage. adoption, and approval as by law provided. Passed upon first reading April 4th, 1949. Passed, adopted and approved upon final reading this 18th day ~of April, 1949. „_._. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN ROMOLO N. R1JSS0 CLARENCE P. WELD. Councilmen. Attest: J. J. SHEA, City Clerk, Published officially in the Tele- graph-Herald newspaper this 26th day of Aprii, 1949. J. J. SHEA City Clerk. Councilman Welu moved t h e adoption of the ordiuance. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Annual Roport of the Librarian of the Carnegie-Stout Free Public Library for the year ending March 31, 1949, presented. Couucilman Van Duelman moved that the Annu- al Report of the Libraria^ be re• ceived and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Annual Report of the Board of Library Trustees of the Carnegitr• Stout Free Public Library for the year ending March 31, 1949, pre- sented. Councilman Van Duelman moved that the Annual Report of the Board of Library Trustees be received and placed on file. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Communication of Chief of Poltce Strub requesting that Council au- thorize Police Officer W. J. Andre- sen to attend the Highway Safety Conference to be held in Washing- ton, D. C. on June 1, 2, and 3, 1949, presented and read. Council- man Russo moved that action Abe suspended on the communication of Chief of Police Strub for further informatics, the matter to be dis- posed of at the next meeting of the City Council. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. April 14, 1949 Honorable Mayor and Mombers of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. George G. Bogue for $650.00 Por damages which was referred to 172 Special Session, April 18th, 1949 me for investigation and report, on the night of December 18, 1948, claimant, while crossing 8th Street at Main on the crosswalk from the northwest to the southwest corner, slipped, fell, and broke her Icg on account of the icy con- dition of the walk, at which time she sustained a fracture to her right leg above the ankle. It ap- pears that there was no snow or ice on the ground for at least a week prior thereto, and that on December 18th, 1948, there was a snowfall of 3,6 inches leaving a snow of a depth of about 2.1 inches on the ground. Her injury was sustained the same day the snow fell, and it is my dpinion that there is no liability of the part of the City in this case. I therefore recommend that the claim herein be denied. Yours truly, John J. Kintzinger City Solicitor Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger ,be approved. Seconded by Councilman W e 1 u. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. April 9, 1949 Honorable Mayor and Members of the City Council City of Dubugue, Iowa Gentlemen: With reference to the claim ;!! Mrs. Anna Lang that waa referred to me for investigation and report, on January 31, 1949, Mra. Lang while crossiug Central Avenue at 23rd Street on the regular cross- walk, stepped on a ridge of hard~ packed snow about a foot or a toot and a half high that had been plowed in the center of Cen- tral Avenue, which was covered with a thin coat of ice, and fell and fractured' her ankle; that she was compelled to go to the hos- pital and received medical treat- ment. Thati the conditton of this crosswalk with this ridge of hard- packed snow and ice was a con- dition created by the City in plow- ing the snow at that place; that said condition was dangerous. After conference with Mr. Lang she has agreed to settle her claim with the City for liar actual damages which are $58.30, $28.30 "being the hos• pital bill, and $30.00 being the doctor bill. I recommend that her claim be allowed in the amount of $58.30 and that a warrant be issued payable to her order for s a f d amount and delivered to her on delivery to the City of a release properly executed by her. • Yours truly, Jahn J. Kintzinger, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $58.30 in favor of Mrs. Anna Lang, as settlement in full of her claim, and- that said warrant be delivered upon receipt by the City of Du• buque of a properly executed re• lease. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. April 18, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Emma McNulty of 2605 Wash• ington Street, Dubuque, which hoe been referred to me for investiga- tion and report, On March 11th, 1949 while walking on the side- walk on Washington Street near 27th Street, she tripped and tell on a black of cement that was higher than the next block, sus• taming injuries to her face,•break- ing her glasses, which necessitated treatment by doctors and n e w glasses and some medicine; that her actual expenses amount to $45: oo. After conference with her she has agreed to accept $45.00 in full payment of her claim. I recommend that her claim be allowed in the amount of $45.00, and that a warrant be issued pay- able to her order for said amount, and the same be delivered "to her Special Session, April 18th, 1949 173 upon delivery to the City of a release properly executed by her, Yours truly, John J. Kintzinger City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $45.00 iu favor of Mrs. Emma McNulty, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release. Seconded by Couu• Gilman Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. April 18, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit reports gf the City Auditor, City Treasurer, Clty Health Department and City Water Works for 'the month of March 1949, also list of claims and list of payrolls for which wat• rants were issued for the month of March 1949. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Council- man Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. April 18, 1949 Tc the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Thia is to advise that I have approved the following bonds and desire to have your approval on same for filing: PERSONAL Albin A. Rhomberg, Ctty Man• agar, Continental Casualty Co. John J. Kintzinger, City Solicitor, Continental Casulty Co. Robert P, Marshall, City Auditor, Continental Casualty Co. Edward M. Tschirgi, City Treas• urer, Continental Casualty Co. J. J. Shea, City Clerk Continental ~ Casulty Co. Geraldine L. lenni, Secretary to City Manager, Continental Casual• ty Co. R. J. Gallagher, City Engineer, National Surety Corporation, John C, O,berhauaen, Po 1 i c e Judge, Continental Casualty Co. John A. Brady, Clerk of Police Court, Central Surety & Ins. Corp. Donald J. Bandy, Building Com- missioner, Continental Casualty Co. Davie] J. O'Leary, Plun;bing Iu- apector, Fireman's Fund Indem• ^ity Co. Luvern C. Norton, Elect~ica] Iu• spector, The Century Indemnity Co. Virgil Fay Chapman Milk In- spector, Continental Casualty Co. Mae A. Moore, Clerk-Health De• partment, Indemnity Ins. Co, of North Amorica. John Joseph Hail, Supt. and Cashier-Water Dept., Continental Casulty Co. Lucille H, Oster, Clerk-Stan- ographer-Water Dept. Continen• tal Casualty Co. Marjorie Busch, Clerk-Typist- Water Dept., Continental Casualty Co. Thomas P, Fitzpatrick, Clerk- Water Dept., Western Surety Co. Raymond A. Savory, Parking Me• ter Maintenance Man and Collector, Continental Casualty Co. EXCAVATION A. C. Mclnerny representing 0. F. Kohl Company Western Surety Co. Bond No. 287892.49 Respectfully submitted, A. A. Rhomberg, Citq Manager. Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Coun• Gilman Thompson. Carried by the following vote; Yeas -Mayor Wharton, Council- men Russo, Thompson, Yan Duel• man, Welu. Nays -None. 174 Special Session, April 18th, 1949 April 18, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gen4lemen: The 8" sanitary. sewer in Wind• sor Avenue from Lowther Street northerly to Davis Street has been completed in accordance with the provisions of Ordinance No. 21.48. The work has been inspected and found to be in conformity with ~, the plans and specifications. 1 therefore recommend that i~t be accepted by the City Council. Respectfully submitted, A, A, Rhomberg, City Manager Councilman Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. April 18, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the meeting of April 4, 1949 the communication of the Mettel )fealty and Investment Company offering to purchase Lot 1 of 6. of 1 of Geiger's Sub for $125.00 was referred to the Council to view the grounds. The Council having viewed the lot decided to accept the offer. I recommend that the decision of the Council be confirmed by the passage of the attached resolution. Respectfully Submitted, A. A. Rhomberg, City Manager. Councilman Thompson move d that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. RESOLUTION N0. 110.49 Be It Resolved by the C 1 t y Council of the City of Dubuque, Iowa that it is deemed advisable to sell Lot One (1) of Lot Five (5) of Lot One (1) of Geiger's Sub- division in the City of Dubuque, Iowa to Mettel Realty and Invest- ment Company for the sum of One Hundred Twenty Five and No. 100 ($125.00) Dollars, and to ex- ecute aquit claim deed of said premises to said grantee a n d deliver the same to him upon the payment of said purchase price, Be It Further Resolved that the Mayor and Clerk of said City of Dubuque be, and they are hereby authorized to execute said deed on behalf of the City of Dubuque, and to affix thereto the official seal of said city. Passed, adopted and approved this 18th day of April, 1949. ALBERT WHARTON Mayor F. W, THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Councilmen Van Duelman moved the adoption of the resolution. Sec• onded by Councilman Welu. Car- ried by the following vote; Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. April 18, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Donald Weidenbacher is building a new house on the N. ~ of Lot 1 of 1 of 1 of 1 of M. L, 20 located on the west side of Laurel Street and north of Cannon Street. Hn desires to connect the property with the sanitary sewer. ', I recommend that he be granted permission to extend a six inch sewer northerly in Laurel Street from the present manhole in the intersection of Laurel and Cannon Streets a distance of 75 feet, and that on completion and acceptance by the City that said extended sewer become a part of the public sewer system. The attached resolu• lion covering this subject is hereby Special Session, April 18th, 1949 175 submitted and ite passage recom- mended. Respectfully submitted, A. A. Rhomberg, City Manager Councilman Welu moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. RESOLUTION N0. 111.49 WHEREAS, Donald Weidenbach• er desires permission to extend a six inch sanitary sewer in Laurel Street a distance of seventy five feet northerly from the manhole in the intersection oY Laurel and Cannon Streets to serve his prem- ises known as 899 Laurel Street, under certain stipulated conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque: Section 1. That permission be, and the same is hereby granted to Donald Weidenbacher to extend a six inch sanitary sewer in Laurel Street a distance of seventy Yive feet northerly from the manhole in the intersection oY Laurel and Cannon Streets to serve his pr~m- ises known as 899 Laurel Street and located on Lot 1 of 1 of 1 of-1 - of 1 of Mineral Lot 20. Section 2. That the construction of said sewer, which includes the type of pipe and the location there- of, shall be done only under the supervision of the City Engineer. Section 3. That after said sewer has been ]aid and completed, the street shall be put back in ae good condition as it was before it was .~ torn up far the purpose of receiving said sewer, at the cost of Donald Weidenbacher and said Donald Wef- denbacher shall be held responei- ble for any and all damages which may arise out of the construction thereof, failure to properly guard the excavations and restore the street to the condition it was in l before the construction began. Section 4. That after said san• itary sewer has ,been completed and accepted by the City Council, it shall become a part of the sewer system of the City of Dubuque and thereafter all maintenance and repairs of this sewer shall be done by the City of Dubuque. Section 6. That this resolution shall be effective and in force and effect from and after its passage and adoption by the City Council and written acceptance thereof by the applicant. Pawed, adoted and approved this 18th day of April„ 1949. ALBERT,WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAIQ ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest; J. J. Shea City Clerk ACCEPTANCE OF RESOLUTION Donald Weidenbacher, h a v i n g read the foregoing Resolution, and having full knowledge of the terms and conditions thereof, h e r e b y accepts the same as adopted, and agrees to comply with all t h e terms and conditions, and assumes all liabilities imposed upon him,, including those set forth in Seo- lion 4. Executed This 12th day of May, 1949. Donald Weidenbacher Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. April 18, 1949 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At the meeting of April 4, 1949 the petition oY the Dubuque Pack• ing Company requesting permis- sion to erect and maintain a steel bridge across Sycamore Street was 176 Special Session, April 18th, 1949 referred to the Council to view the grounds and to the City Manager for recommendation and report on the technical details. The Council having viewed the premises and having consulted with the City Manager concluded to grant the Dubuque Packing.. Com- pany permission to erect and main- tain asteel bridge spanning Syca- more Street with a minimum clear ante of 22 feet. The proposed east- erly supporting tower is not to be erected in Sycamore Street for the reason that this apace is reserved far the location of a proposed san- itary sewer, I recommend that the above outlined permission be grant- ed by the passage of the attached ordinance. Respectfully submitted, A. A. Rhomberg City Manager, Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded .by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nags -None. ORDINANCE N0. 15.49 An Ordinance authorizing Du- buque Packing Company, its suo- censors and assigns, to erect and maintain a steel bridge across Syca- more Street for the Purpose of supporting and housing cables and pipes to be used in the manufac• tore of ice, and declaring an emergency, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman R u e s o. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Councilman Thompson move d that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Ruasc. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays - None. Councilman Thompson move d that the ordinance be placed on file with the Citp Clerk for public ir.- apection for at least one week be- fore its final adoption. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. RESOLUTION N0. 112.49 _ BE TT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name-Address George R. Jackson and J o e Scheller; 1206 Iowa Street. Joe Giunta; 2022 Central Ave• nue. BE IT FURTHER RESOLVED that the bonds filed with t h e applications be approved. Passed, adopted and approved this 18th day of April, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELU CouncilmeL Attest: J. J. Shea City Clerk Councilman Van Duelman moved the adoption of the resolution. Seo- onded by Councilman Welu. Carriefl by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays - None. RESOLUTION N0. 113-49 WHEREAS, applications f o r Class "B" Beer Permits have been submitted to this Council for ap- proval and the same have bean examined: NOW THEREFORE, BE IT RESOLVED by the Goun• cil of the City of Dubuque that F Special Session, April 18th, 1949 177 the following applications be grant- ed and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name-Address George R. Jackson and Joe Schel• ler; 1206 Iowa Street. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf Club; End of Ran- dall Place: Passed, adopted and approved this 18th day oP April, 1949. ALBERT WHARTON Mayor F. W, THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Councilman Thompson move d the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. RESOLUTION N0. 114.49 WHEREAS, heretofore appli- c~tions for Class "B" $eer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to bs occupied by such applicants have been inspected and found to com• ply with the ordinances of this City and they have filed a proper ~ bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is herahy directed to issue to the following, named applicants a Beer Permit. CLASS "B" PERMIT Name-Address George R, Jackson and J e e Scheller; 1206 Iowa Street. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf Club; End of Ran• Ball Place. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 18th day of April, 1949. Councilmen F. W, THOMPSON Mayor CLARENCE p, WELU ROMOLO N. RUSSO FRANK VAN DUELMAN ALBERT WHARTON Attest: J, J. Shea City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seo- onded by Councilman Thompson, Carried by the following vote: Yeas -Mayor Wharton, Council• me Russo, Thompson, Van Duel- man, Welu. Nays -None. Co~incilman Welu moved that the Council recommend to the Clty Manager that the Chief of Police and the Fire Chief be instructed to make a survey of traffic con• ditions at the bridge approach at Locust and. Dodge Streets, at the Five Points-Rhomberg and Gar- field Avenues and Eim Street inter- sections, at the intersection of 22nd Street and other congested inter sections during rush hours and to submit a report and recommenda- tion back to the City Council for their consideration. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- men, Welu. Nays -None. There being no further business Councilman Van Duelman moved to adjeurn. Seconded by Council- man Russo, Carried by the follow- ing vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. J. J. Shea. City Clerk Approved .................................. 1949 Adopted .................................... 1949 Councilmen { ...................................... Attest : ................................................