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1949 May Council Proceedings Regular Session, May 2nd, 1949 r~q 1 i ~ Mayor Wharton moved that the C' } U ~ O ~ ~ A I I recommendation of City Manager `1 4 Rhomberg be approved. Seconded (OFFICIAL) by Councilman Thompson, Carried by the following vote: Regular Session, May 2nd, 1949, yeas-Mayor Wharton, Ccuncil- Council met at 7:30 P.M. men Russo, Thompson, Van Duel- Present-Mayor Wharton, Coun- man, Welu. oilmen Russo, Thompson, Van Nays-None. Duelman, Welu. City Manager Rhomberg, Communication of City Employ- ees Local No. 228 submitting senior- Mayor Wharton stated that this ' I is the regular monthly meeting of qty outline far Council consideration the City Council for the purpose rn an endeavor to obtain certain working conditions which are pre- of acting upon such business as sently in force on a nation wide may properly come before the I I basis to cover members of the meeting. Street-Sewer-Garage•P a r k Depart- Councilman Van Duelman moved ments not under Civil Service pro- i that the rules be suspended for tection, presented and read. Coun- t ', the purpose of allowing any one oilman Van Duelman moved that present in the Council Chamber, the communication be referred ~ who wishes to do so, to address to the Council for further can- the Council. Seconded by Council- sideration. Seconded by Council- ~ man Welu. Carried by the following man Thompson. Carried .by the , vote: following vote: Yeas-Mayor Wharton, Council- ~ yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- men Russo, Thom son, Van Duel- P man, Welu' man, Welu. Nays-None. Nays-None. Attorney William Connery ad- petition of Charles H, Klaus re- I dressed the Council with refer- questing permission to erect a Lus- ~ J + ence to the extension of the storm trop Home in the City of Dubuque, I sewer, grading and opening of Adair Aresented and read. Councilman Street. Thompson moved that the petition j May 2, 1949 be received and filed. Seconded by To the Honorable Mayor Councilman Van Duelman, Carried and City Council, by the following vote: Dubuque, Iowa Yeas-Mayor Wharton, Council- I Gentlemen: men Russo, Thompson, Van Duel• At the meeting of April 18th the man, Welu. verbal request of Attorney William Nays-None. Connery concerning the construct- ion of a storm water sewer, the Petition of Peter J. Takos re- opening and grading of Adair questing that he be given a building ~~ Street was referred to the council Permit for the erection of a Lustron to again view the street. Home, presented and read. Coun- cilman Thompson moved that the Th e council ha in ie v v wed the g petition be received and filed. premises concluded that curb and Seconded by Councilman Van Duel- gutters would be necessary to pre- loan. Carried by the followin vo vent erosion of a graded street in g te: such location. It was decided that Yeas-Mayor Wharton, Councit- waivers be obtained from the men Russo, Thompson, Van Duel- . owners of property subject to as- man, Wetu. ~ sessment preliminary to the pre- Nays-None. paration of a plat and schedule Councilman Thompson moved 'i for the improvement. I recommend that the Mayor appoint a Com- that the decision of the council be mittee, to consist of at least three confirmed. and not more than five members, 'i I Respectfully submitted to m ake a study and submit a A, A. RHOMBERG building code to the Council for City Manager. their consideration. Seconded by ~ I { r ~ i f ' i , 18o Regular Session, May 2nd, 1949 Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Joe Jurisic and others requesting the installation of a street light at the intersection of Valeria and Gushing Streets, presented and read. Councilman Thompson moved that the petition ~be referred to the Council to view the grounds. Seconded by Caun• Gilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of John Ostrowski re- questing arefund in the amount of $50.00 on the unexpired portion oP his Class "B" Beer Permit No. 83 as he has discontinued business on April 30, 1949, presented and read. Councilman Thompson moved that the request be granted and the City Auditor be instructed to draw a warrant in the amount of $50.00 in favor of John Ostrowski to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 83. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Wkarton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of the Dubuquo Stock Car Racing Association requesting permission to either lease or use the old airport for the holding of stock car races, presented and read. Councilman Thompson moved that the petition be referred to the City Manager and Chairman of the Dock Board with power to negotiate an arrangement with the Dubuque Stock Car Racing Asse- ciation with the provision that an Idemnity Bond be furnished hold- ing the City of Dubuque harmless in case of accident or injury. Sec- onded 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 Stanley Terris and others submitting objections to the proposed bus route changes on the Cleveland, Grandview Avenue and Fremont bus schedule, presented and read. Councilman Thompson moved that the petition be re• ferred to the Council far consider- ation at the time that the petition of the Interstate Power Company is being considered. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Ordinance No. 15.49 AN ORDINANCE AUTHOR- IZING DUBUQUE PACKING COM• PANY, ITS SUCCESSORS AND ASSIGNS, TO ERECT AND MAIN- TAIN ASTEEL BRIDGE ACROSS SYCAMORE STREET FOR THE PURPOSE OF SUPPORTING AND HOUSING CABLES AND PIPES TO BE USED IN THE MANU• FACTURE OF ICE, AND DECLAR- ING ANEMERGENCY, said ordi• nonce having been passed upon first reading on April 18th, 1949, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption was presented for final adoption. Ordinance No. 15.49 AN ORDINANCE AUTHO'R• IZING DUBUQUE PACKING COM• PANY, ITS SUCCESSORS AND ASSIGNS, TO ERECT AND MAIN• TAIN A STEEL BRIDGE ACROSS SYCAMORE STREET FOR THE PURPOSE OF SUPPORTING AND HOUSING CABLES AND PIPER TO BE USED IN THE MANU• FACTUE OF ICE, AND DECLAR• ING AN EMERGENCY. WHEREAS, D u b u q u e Packing Company has petitioned the Council of the City of Dubuque for authority to erect and maintain a steel bridge over and across Sycamore Street for the purpose of supporting and hous• ing cables and pipes to be used in the manufacture of ice: NOW, THEREFORE, BE IT ORDAINED .by the Council of the City of Dubuque: Section 1. That Dubuque Packing Company, its successors and assigns, Regular Session, May 2nd, 1949 181 be and it is hereby authorized to erect and maintain a structure, re- ferred to as a bridge, aver and across Sycamore Street, one hundred ten feet northerly of the north l i n e o f E a s t Sixteenth Street, for the pur- pose of supporting and housing elec• tric cables and steam, hat water and ammonia pipes to be used in the manufacture of ice, said structure to be approximately four feet fn width, be equipped with scat-walk, for the purpose of affording access thereto for inspection and repairs, be adequately protected against the weather, and have a clearance above the surface of Sycamore Street of not less than twenty-two feet. Section 2. That said structure shall be built and erected under the supervision of the City Manager and Building Commissioner. Section 3. The right and author- ity hereby granted to said Dubuque Packing Company, its successors and assigns, shall at all times, be subject to the control of the City Council and, in the event said struc- ture shall cause an unreasonable interference with the use of said street by the public, it shall, upon 60 days written notice, be removed by said company, its successors and assigns. , Section 4. That Dubuque Pack- ing Company, its successors and assigns, shall be alone responsible for any damages to persons or pro• perty resulting from the construe tion and maintenance of such struc• tore, and shall defend, at its ex- pense, any action, at law or in equity, which may ,be brought a- gainst the City of Dubuque for damages on account of such struc- ture, and shall pay any amount allowed against the City for any such damages. Section 5. This ordinance, being in the interest of the genera] wel- fare, shall be in force and effect from and after its final passage and adoption by the City Council and publication, as provided by law, and upon the acceptance of the terms hereof being endorsed hereon by said Dubuque Packing Company, and the payment of the costs and expenses incident to publication by said company. Passed upon first reading this 18th day of April, 1949. Passed, adopted and approved upon final reading this 2nd day of May, 1949, ALBERT WHARTON Mayor F. W. THOMFSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELU Councilmen. Attest: J. J. SHEA, City Clerk ACCEPTANCE Dubuque Packing Company here- by accepts the terms and provisions of Ordinance No. 15-49, as finally passed, adopted and approved on this 3rd day of May, 1949. DUBUQUE PACKING COMPANY by: A, J. KISTING Secretary (SEAL) Published officially in The Tele• graph-Herald newspaper this 5th day of May, 1949. J. J. SHEA City Clerk lt. May 5, Councilman Welu moved the a• doption of the ordinance. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu, Nays-None. Ordinance No. 16.49 An Ordinance creating and es- tablishing "CherryGreen Street Sewer District" which district em- braces al] of the lands within the drainage area of the sewer system to be constructed within the same, declaring that all lands within said district are benefited by the sewers to be constructed therein and sub- ject to special assessments for the payment of the cost of such sewer and appurtenances thereto and de- fining all of such lands which are subject to be furnished with sewer connections or drainage by said sewer system to the adjacent pro- perty, presented and read. Council- man Thompson moved that the reading just had •be considered the first reading of the ordinance, 182 Regular Session, May 2nd, 1949 Seconded by Councilman Russo. 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. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Dubuque, Iowa May 2nd, 1949. To the Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1946, the Civil Service Commission conducted an entrance examination, as of April 6th, 1949, for those seeking positions on the Fire Department. The following is a list of those who passed their physical exam- inations with an average of 70 per cent or better. All appoint ments on the Fire Departmen should be made from this list. NAME AVERAG John P. KemPa ...............98 Per cen Merle A. Viertel ...,.. _79 per cen John T. Corbett .... ..........77 per cen John J. Lepseh, Jr...... 75 per cen Merle M. Bandy,........... 74 per cen Elmer V. Meissen ......_...74 per cen Earl E. Genthe........... 71 per cen Respectfully submitte C. S. HARKER Chairman E. B. LYONS R. M. BENN Members, Civil Service Co mission. Attest: J. J. SHEA Clerk, Civil Service Com- mission. Subscribed and sworn to before me Geraldine L. Jenni, a Notary Public this 2nd day of May, 1949. GERALDINE L. JENNI Notary Public. Councilman Van Duelman moved that the report of the Civil Serv- ice Commission be received and made a matter of record. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Dubuque, Iowa May 2nd, 1949. To the Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: In accordance with the provis- ions of the Cade of Iowa, 1946, the Civil Service Commission conduct- ed an entrance examination, as of April 6th, 1949, for those seeking positions on the Police Department. The following is a list of those who passed their physical exam- inations and also their mental ex- aminations with an average of 70 per cent ar better. All appoint- ments on the Police Department should be made from this list. NAME AVERAGE Carl W. Vandermeulen 87 per cent Paul J. Zimmerman .....81 per cent Milo J. Kettman...........80 per cent Clement R. Fleckenstein .................. ....................................79 per cent Milton T. Bayes.......... 76 per cent - Robert L. Hoye....,. ...., 73 per cent t Cyril H, Oswald_.........71 per cent Wilford V. Mohr............70 per cent E Respectfully submitted, t C. S. HARKER t Chairman, t E. B. LYONS t R. M. BENN t Members, Civil Service t Commission. t Attest: J. J. SHEA d, Clerk, Civil Service Com- mission. Subscribed and sworn to before me, Geraldine L. Jenni, a Notary Public this 2nd day of May, 1949. m• GERALDINE L. JENNI Notary Public. Regular Session, May znd, 1949 1$3 Councilman Van Duelman moved that the report of the Civil Service Commission be received and made a matter of record. Seconded- by Councilman Russo. Carried by the following rote: Yeas-Mayor Wharton, Council- man Russo, Thompson, Van Duel- man, Welu. Nays-None. May 2, 1949 Honorable Mayor and Members of the City Council City oP Dubuque, Iowa Ionorable Sirs: I am submitting for your approval a Proclamation, and ask that Your Honorable Body, designate t h e week of May 9, 1949 as Clean Up Week in the City of Dubuque, Iowa. Respectfully submitted, THOS. C. HICKSON Chief of Fire Dept. Councilman Van Duelman moved that the communication of Fire Chief Hickson be referred to the Mayor. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Russo; Thompson, Van Duel- man, Welu. Nays-None. Communication of Fire C h i e f Hickson suggesting to the City Council that all contracts for fire protection, outside the City Limits, not served by City Water, be dis- continued, presented and read. Councilman Welu moved that all ex- isting contracts be renewed for another year. Seconded •by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Communication of Chief of Police Strub requesting that Council au- thorize Officer W. J. Andresen to attend President Truman's High- way Safety Conference to be held in Washington, D. C. on June 1, 2 and 3, 1949, presented and read. Councilman Russo moved that the request of Chief of Police Strub be denied. Seconded by Council• man Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. April 28, 1949. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: At a session of the City Council of the City of Dubuque, Iowa, held April 18; 1949 the following motion was adopted: That the petition of the Dubuque Safety Council requesting that the necessary proceedings be prepared and adopted designating Windsor Ave., as a boulevard •be referred to the Chief of Police for invest- igation and report. I have made an investigation and I recommend that Windsor Ave. be designated a boulevard from the North westerly line of Rhom- berg Ave. to the South line of Davis Ave. Respectfully yours, JOS. H. STRUB Chief of Police. Councilman Welu moved that the recommendation of Chief of Police Strub be approved and the proper proceedings ordered prepared. Sec- onded by Councilman Thompson. 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 a statement of receipts an•d also a list of claims far which warrants were drawn during the month of March, 1949, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. 184 Regular Session, May 2nd, 1949 Apri127, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In Re: Petition of Mrs. Mary Hier requesting suspension of 1948 taxes because of age on the N 24' of the East 170' of Lot 374, Davis Farm Addition in the City o f Dubuque, Iowa. I recommend that said petition be approved and that notification thereof be given to the Board of Supervisors of Dubuque County, Iowa. Yours truly, John J. Kintzinger City Solicitor. Councilman Thompson move d that the recommendation of City Solicitor Kintzinger be approved and the Board of Supervisors be notified of the action 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 26, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Harry Buxton for $500.00 Por dam- ages for injuries sustained by him on December 29, 1948, on invest• igation I find that he fell on a sidewalk on the south side of 24th Street about seventy feet east of Central Avenue, at which time the sidewalk was covered with rough, rounded and uneven ice; that in said fall he sustained a fracture of his left arm near the shoulder which required medical care and attention, also sustained a shock to his nervous system causing him pain and suffering. I have conferred with his at• tarney with reference to this matter, and they have agreed to accept $130.00 in full settlement of their claim against the City. I recommend that the claim be allowed in the sum oY $130.00 and that a warrant .be issued payable to the order of Robert H. Kint- zinger, attorney for Harry Buxton, and that the same be delivered upon delivery to the City of a release properly executed by claimant. 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 $130.00 in favor of Robert H. Kintzinger, Attorney for Harry Buxton, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Couucil• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Apri126, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Raymond N. Keating referred to me for investigation and report, I find that on January 8th, 1949 at about 6:45 A, M., claimant while walking across the crosswalk on West 17th Street at Jackson Street slipped on an accumulation of ice and snow deposited on said crosswalk, which was in a danger- ous condition, causing a fracture of his right leg, requiring him to incur medical expense; that he also was required to remain away from his work for seven days; that his claim is for $376.00. That I have had conference with his attorney, and they have agreed to accept $125.00 in full payment of their claim. I recommend that his claim be allowed in the sum of $125.00, that a warrant be issued payable to John Heffernan, attorney for Raymond N, Keating, and that rho same be delivered upon deliv- Regular Session, May 2nd, 1949 185 ery to the City of a release prop• erly executed by claimant. 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 $125.00 in favor of John J. Heffernan, Attorney for Raymond N. Keating, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu, Nays-None. May 2, 1949. Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Karl Williams for $480.00 for dam- ages for personal injuries sustained .by him on or about February 10, 1949, at which time he fell on the icy crosswalk on 10th Street be• tween Main and Iowa and re- ceived injuries to his back and was compelled to incur medical expenses. He also claims that he lost a number of hours of work because of this accident. I have had conferences with him, and he has agreed to accept $63.00 in full payment of his claim against the City; this is the amount of the doctor bills. ' I recommend that his claim be allowed in the sum of $63.00, that a warrant be issued for said amount payable to him and delivered to him upon delivery to the City of a release properly executed by him. ~' Yours truly, John J, Kintzinger i City Solicitor. Councilman Thompson move d that the recommendation of City ~. Solicitor Kintzinger be approved and the City Auditor instructed to ~; ~' I~"„ draw a warrant in the amount of $63.00 in favor of Karl Williams, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Van Duelman. Carried .by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson Van Duel- man, Welu. Nays-None. May 2, 1949. Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of one R. C. Irwin for $7.50 damages received to his automobile on or about March 29th, 1949 when he ran into a deep hole on Asbury Road, opposite Ogilby Road; As- bury Road at that place was full ~ of chuck holes, and the hole that claimant ran into was about four- teen inches deep, and about two and a half feet long and probably a foot and a half wide. This con- dition existed far some time prior to the accident, and claimant in- forms me that he called this mat- ter to the attention of the City, and that nothing was done to take care of the street until immediately after his accident. The cost of fixing his car was $7.50. I recommend that his claim be allowed in the sum of $7.50 and that a warrant be issued for that amount payable to his order and the same be delivered to him upon delivery to the City of a release property executed by him. Yours truly, John J. Kintzinger City Solicitor Councilman Thompson move d that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $7.50 in favor of R. C. Irwin, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec• onded by Councilman Welu. Ca-r ried by the following vote: Yeas-Mayor Wharton, Council- 186 Regular Session, May 2nd, 1949 men Russo, Thompson, Van Duel- man, Welu. Nays-None. April 28, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policy and bonds and desire to have your ap• proval on same for filing: PERSONAL Hylda N. Luke, Recreational Di- rector, Bond No. 2821-07-345.49, U. S. Fidelity and Gwaranty Co. Allen C. Kane, Clerk-Water De• partment, Bond No. S 235-492, The Century Indemnity Company TAXI-CAB Art Pitz (City Cab Company) 2955 Washington Street, Policy No. 106178, Reserve Insurance Company EXCAVATION Thos. Flynn Coal Company, U. S. Guarantee Co, of New York. Respectfully submitted, A. A. RHOMBERG, City Manager, Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Coun- cilman Thompson, Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Dubuque, Iowa May 2, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit report of the City Treasurer covering the fiscal year beginning April 1, 1948 and ending March 31, 1949. Respectfully submitted, A, A, RHOMBERG, City Manager. Councilman Van Duelman moved that the report be received and placed on file. Seconded by Coun- cilman Russo, Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None, May 2, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of April 18th the petition of Mrs. Elizabeth Clark and others asking the extension of a sanitary sewer on Lincoln Avenue was referred to the Council to view the grounds. The Council, having viewed the premises, decided Co order plats and schedules prepared for the ex- tension of sanitary sewers in Lin- coln and Rhomberg Avenues north- erly and westerly from the inter- section of the two streets. I re- commend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. - May 2, 1949. To the Honmrable Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of April 18th the petition of Louis J. Kirkwood and others requesting the construct- ion of sanitary sewers in Coates, Cross and Simpson Streets was referred to the Council to view the grounds. The Council, having viewed the site and the adjacent areas, decided to order a survey and report made on the subject of providing sanitary sewers far the watershed of which the requested system is a part. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson move d that the recommendation of City Manager Rhomberg be approved. i Regular Session, May 2nd, 1949 187 Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council• man Russo, Thompson, Van Duel• man, Welu. Nays-None. May 2, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. s Gentlemen: k At the meeting of April 18th the petition of Thos. J. Mulgrew Company applying for permission _ to erect a fuel oil storage tank of 50,000 barrel capacity in Block 27 of Dubuque Harbor Company's Addition was referred tc the Coun• cil to view the grounds. The Council, having viewed the site, decided to grant the request on the condition that the use of the tank be limited to the storage of fuel oil. I recommend that the decision of the Council be con- firmed. 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, Nays-None. May 2, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of April 18th the petition of J. P. Burroughs ' and others requesting the grading and curbing of English Lane from Mt. Loretta to Southern Avenue and to widen the street to forty feet was referred to the Council to view the grounds. The Council have viewed the site and concluded that an attempt be made to acquire the necessary right of way, fifteen Yeet in width, on the easterly side of English Lane in order that it be forty feet wide throughout its length. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson move d 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. Nays-None. May 2, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: To your honorable body the Plan• ping & Zoning Commission respect- fully recommends granting the at- tached petition of Arthur Stecklein et al, requesting vacation of Paul Street between Lowell Street and Klingenberg Terrace with the con- dition that space be resrved for steps or a walkway, and easements for utilities be provided. Yours truly, THE DUBUQUE PLANNING & ZONING COMMISSION LOUIS C. STOFFREGEN Secretary. Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be approved and the proper pro- ceedings ordered prepared. Second• ed by Councilman Thompson. Car• ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. May 2, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to petition of Ed. Krumbach et al, asking vacation of alley running from back pro• perty line of properties on the west side of Grandview Ave. west- erly between West Third Street and Bennett Street, the Planning & Zoning Commission finds the 188 Regular Session, May 2nd, 1949 alley in question a blind one since it does not came out onto Grand- view Ave, and therefore not read- ily accessible, and recommends to your honorable body the granting of the petition. Respectfully submitted, THE DUBUQUE PLANNING & ZONING COMMISSION LOUIS C. STOFFREGEN Secretary. Councilman Van Duelman moved that the recommendation of the Planning and Zonning Cmnmission be approved and the proper pro• ceedings ordered prepared. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. May 2, 1949 To the Honorable Mayor and City Council, llubuque, Iowa. Gentlemen: Referring to attached petition of Robert A. Weiler and Melvin D. Harms requesting the vacation of the alley between their properties which lie between Brunswick Street and Burden Ave, extending from O'Neil Street to the alley between Edith St. and O'Neil Street, the Planning and Zoning Commission respectfully recommends to your honorable body the granting of the petition. This remaining part of the alley as originally laid out is inaccessible and oP little use since the other Aart has already been vacated. Yours truly, THE DUBUQUE PLANNING & ZONING COMMISSION LOUIS C. STOFFREGEN Secretary. Councilman Welu moved that the recommendation of the Planning and Zoning Commission be ap- proved and the proper proceed- ipgs ordered prepared. Seconded by Councilman Russo. Carried by the fallowing vote: Yeas-Mayor Wharton, Ceuncil- men Russo, Thompson, Van Duel- man, Welu. Nays-None. May 2, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning & Zoning Com- mission visited and studied the area referred to in the petition of Clarence A, Kintzle and feels that this part of the city is suit- able and desirable for modern a- partment buildings, and respect- fully recommends to your honorable body that the area requested to be rezoned to Multiple Residence class- ification by Mr. Kintzle be en- larged with the approval of St. Anthony Catholic Church author- ities to include the land bounded by Seminary Street, St. Ambrose Street, Rosedale Street and Avoca Street. Respectfully submitted, THE DUBUQUE PLANNING & ZONING COMMISSION LOUIS C. STOFFREGEN Secretary. Mayor Wharton moved that the Communication of the Planning and Zoning Commission be referred back to the Planning and Zoning Commission to secure the approval of St. Anthony Catholic Church au- thorities as recommended. Second- ed by Councilman Russo. 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 pro- perty line of Theisen Street to the south property line of Lombard Street pursuant to Resolution No. 87.49 the Thos. Flynn Coal Com- pany contractor, has submitted the loweat bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore, 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 Gom- ~f, Regular Session, May 2nd, 1949 1$9 pony 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 1Sth 1949. Passed and adopted this 2nd day of May, 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 Wetu. Car- ried 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 improvement of Dunleith Street from the west property line of Southern Avenue to the end pur- suant to Resolution No. 89-49 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 for the above mentioned improvement be awarded to the Thos. Flynn Cnyl Company and the Manager be and he is hereby directed to execute a con- tract 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 Eor one week on April 18th, 1949. Passed and adopted this 2nd day of May, 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 move d the adoption of the resolution. Seconded by Councilman Van Duel- man. Carried by the fallowing 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 seweage system for the Hillcrest Annex- ation 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 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 Morn- ingview Road to Broadlawn Road pursuant to Resolution No. 52-49 and the Thos. Flynn Coal Company contractor, has submitted the low- est 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 I Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to the Thos. Flynn Coal Gom- pony and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- an~e of said work. BE IT FURTHER RESOLVED that this resolution being deemed lqo Regular Session, May 2nd, 1949 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. Passed and adopted this 2nd day of May, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. II Councilman Welu moved the a- doption of the resolution. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. RESOLUTION N0. 115.49 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 per- mit 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 Joseph P. MacInerney and Mi• chael Burton, 399 East 20th Street The Kroger Company (Effective 6.1-49), 270 West 7th Street Albert 0, Barnett, 731 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 2nd day of May, 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 Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. RESOLUTION N0. 116.49 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be 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 Joseph P. MacInerney and Mi- chael Burton, 399 East 20th Street Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue Merlyn L. Weber, 1904 Central Avenue Robert J. Bowen, 1105 Univer- sity Avenue John Henkel and Alma Henkel, 2222 Central Avenue George T. Vrotsos and Spiros D. Coven, 605 Main Street CLASS "B" PERMIT FOR PRIVATE CLUB Navy Club of Dubuque, Ship No. 67, 1201 Central Avenue Rod and Gun Club of Dubuque, Iowa, 1103 Iowa Street Dubuque Metal Trades Council Club, 111 West 6th Street CLASS "C" PERMIT Carl Van Duelman, 590 Seminary Street Stanley J. Meis, 605 West Locust Street R. Daniel Winders, 2204 Central Avenue Earl T. Avery, 1602 Lincoln Ave. The Kroger Co. (Effective 6-1- 149), 270 West 7th Street Passed, adopted and approved this 2nd day of May, 1949. ALBERT WHARTON Mayor, F. W. THOMPSON ' FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Kegular Session, May 2nd, 1949 lql Councilman 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. RESOLUTION N0.117-49 WHEREAS, heretofore applica• tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond': NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Name Address Joseph P. MacInerney and Mi- chael Burton, 399 East 20th Street Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue Merlyn L. Weber, 1904 Central Avenue Robert J. Bowen, 1105 Univer• sity Avenue John Henkel and Alma Henkel, 2222 Central Avenue George T. Vrotsos and Spiros D. Coven, 605 Main Street CLASS "B" PERMIT FOR PRIVATE CLUB Navy Club of Dubuque, Ship No. 67, 1201 Central Avenue Rod and Gun Club of Dubuque, Iowa, 1103 Iowa Street Dubuque Metal Trades Coun- cil Club, 111 West 6th Street CLASS "C" PERMIT Carl Van Duelman, 590 Seminary Stroet Stanley J. Meis, fi05 West Locust Street R. Daniel Winders, 2204 Central Avenue Earl T. Avery, 1602 Lincoln Ave. The Kroger Co. (Effective 6-1- 49), 270 West 7th Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 2nd day of May, 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 that the adoption of the resolution. Seconded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council• men, Russo, Thompson, Van Duel• man, Welu. Nays-None. Resolution No. 118.49 Preliminary approval of proposed plans, specifications, form of con• tract, plat and schedule and all other documents for the improve- ment of West Third Street from the east property line of Algona Street to the west property line of Grandview Avenue, estimated cost $9,230.27, presented and read. 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. (Necessity for Improvement) RESOLUTION N0. 119.49 WHEREAS, proposed plane, spec- ifications, form of contract, plat and schedule have been 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. Eaeh lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mat- erial to ,be used. 6. In each case the amount thereof which is estimated to be 192 Regular Session, May 2nd, 1949 assessed each lot, for the improve- ment of West Third Street from the east property line of Algona Street to the west property line of Grandview Avenue. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed re- solution have on file with the City Clerk obleetions to the amount of the proposed assessments, the y shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property l y i n g 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 ad- jacent 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. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform• ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 2nd day of May, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J, J. SHEA, City Clerk, Councilman Van Duelman moved that the resolution be approved and placed on file for final action. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. - (Fixing date of hearing) RESOLUTION N0. 1209 WHEREAS, THE City Council of the City of Dubuque, Iowa, has by Resolution No. 118.49 given its preliminary approval on the pro- posed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the im• provement of West Third Street from the east property line of Algona Street to the west property line of Grandview Avenue and, WHEREAS, the proposed Res- olution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 23rd day of May, 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 pro- perty subject to assessment far the proposed improvement may appear and make abjection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the coat 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 of such hearing to be published in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than (2) nor more than four(4) weeks prior to the day fixed for its con- sideration and unless property own• ere at the time of final considera• lion of said resolution have on file with the Clerk objections to the amount of the proposed as- sessment, they shall have been deemed to have waived all objec• lions thereto, at which hearing the Regular Session, May 2nd, 1949 193 Council will hear such objections and enter on record its final de• cision thereon. Passed, adopted and approved, this 2nd day of May, 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 No. 121.49 Preliminary approval of proposed plans, specifications, form of con- tract, plat and schedule and all other documents for the improve- ment of Simpson Street (north side) from the west property line of Fremont Avenue to the east property line of Cross Street, es- timated cost $5,296.94, presented and read. Councilman Van Duelman moved the adoption of the resolu- tion. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. (Necessity for Improvement) RESOLUTION NO. 122.49 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 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- seased together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improve• ment of Simpson Street (north side) from the west property line of Fremont Avenue to the east property tine of Cross Street BE IT THEREFORE RESOLVED that the City Council on its own tnotion or upon petition of property 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 consideration of this proposed re - solution have on file with the City Clerk objections to the amount of the proposed ,assessments, the y 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 Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special 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 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 I (~( -------- on file with the 2nd day of May, Approved: Regular Session, May 2nd, 1949 City Clerk this 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELD Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved that the resolution be approved and placed on file for final action. Seo• onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Whartou, Counci]• men Russo Thompson Van Duel• man, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 123.49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 121-49 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 pub- lic inspection, for the improvement of Simpson St. (north side) from west property line of Fremont Ave- nue to the east property line oY Cross Street and, WHEREAS the proposed Resolu- tion of Necessity for said improve ment has been introduced and is naw on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 23rd day of May 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 ap- pear and make objection to the proposed plane and specifications and proposed form of contract and at the same time to the boundaries of the proposed district to the cast 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 consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment they shall have ,been deemed to have waived all objections thereto at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 2nd day of May, 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 Russo. Car• ried by the fallowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Resolution No. 124.49 Preliminary approval of proposed plans, specifications, form of con- tract, plat and schedule and all other documents for the improve- ment of Cross Street (east side) from the south property line of Coates Street to the north pro- perty line of Simpson Street, es- timated cost $1,760.34, presented and read. Councilman Van Due]• man moved the adoption oP the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 125.49 WHEREAS, proposed plans, spec• ificationa, form of contract, plat and schedule have been duly pre pared and approved by the City Council of the City of Dubuque j Regular Session, May and, 1949 195 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 lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there• of which is estimated to be assessed against each lot for the improve- ment of Cross Street (east side} from the south property line oP Coates Street to the north property line of Simpson Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty owners, deems it advisable and necessary for the public wel• fare to make the herein mentioned improvement, 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 ail objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying with- in 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 ad• jacent thereto according to area and in proportion to the specie. benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement fund: or sewer funds, or partly out o: each of said funds. Bands shall be issued and sold in anticipation of, deferred payments of assessments ;vhen a contract has been performed and accopted 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 2nd day of May, 1949. Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELD Councilmen Attest: J. J. SHEA City Clerk. Councilman Thompson move d that the resolution be approved and placed on file far final action. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 126.49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 124-49 given its pre- liminary approval on the proposed plans specifications and form oP contract and placed same on file in the office of the City Clerk for public inspection, for the im- provement of Cross Street (east side) from tho.south property line of Coates Street to the north pro- property line of Simpson Street and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office. for publication inspection, BE IT THEREFORE RESOLVED that on the 23rd day of May, 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 pro• perty subject to assessment far the proposed improvement may appear and make objection to the proposed plans and specifications and pro• posed form of contract and at the same time to the boundaries of the 196 Regular Session, May 2nd, 1949 proposed district, to the cost of the improvement to the amount proposed to be assessed against any lot and to the passage of the pro• posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper pub• lished in the city of Dubuque, t h e 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 consid• eration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 2nd day of May, 1949. ALBERT WHARTON Mayor. F, W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen, Attest: J. J. SHEA City Glerk. 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. May 2, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The completed plans and spec- ifications for the proposed water softening plant are now at hand. A copy is hereby submitted for consideration by the council. To finance this project it is es- timated that $600,000.00 of revenue bonds would need to be issued and sold. In order to amortize such debt and pay the costa of operating the water softening plant, an in- crease of one-third in water rates wouid become necessary. If the council desires to proceed with this project, it is suggested that an ample period of advertising for proposals be provided and that the bids for the construction and for the bond sale be received on the same date so that the cost of financing and of construction may be analyzed together. Your further instructions in this matter are awaited. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Russo moved that the communication of City Manager Rhomberg, together with the pro• posed plans and specifications, be referred to the Council for their consideration. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu, Nays-None. Mrs. Mary Gruber addressed the Council stating that she wished to make objections to any change in the Mt.~ Carmel Bus Route. Mr. C. E. Dove, Manager, Inter- state Power Company, addressed the Council, with reference to the petition of the Interstate Power Company asking for some financial relief for their Bus Tr~.nsportation Department, and submitted data and figures in support of their request for a ten cent single fare or three tokens for a quarter. After a lengthy discussion, and consid- eration by the council of the facts presented by both the In- terstate Power Company and in- terested persons in the Council Chamber, Councilman Welu moved that the bus fares for the Interstate Power Company be placed at tour tokens for a quarter, with a single fare of ten cents, and that the City Solicitor be instructed to pre- pare an amendment to the present bus fare ordinance for Council con• sideration, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. 198 Special Session, May 16th, 1949 City Council (OFFICIAL) Special Session, May 16th, 1949. Council met at 7:30 P. M. Present~Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof h a d been duly made and that this meet- ing is called for the purpose of considering an ordinance establish- ing and fixing rates to be charged for the furnishing of bus transporta- tion to passengers on busses oper-, ated by the Interstate Power Com- pany in the City of Dubuque and acting on any other business as may properly come before a r~ gular meeting of the City Councih Ordinance No. 17.49 An Ordinance establishing and fixing rates to be charged for the furnishing of bus transporta- tion to passengers on busses op• crated by the Interstate Power Company in the City of Dubuque; repealing all Ordinances in conflict herewith; prescribing a penalty for violation hereof, 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 Van Duel- man. 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 seperate days. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson 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 Russo. 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 Far the purpose of allowing any one present in the Council, who wishes to do so, to address the Council. Seconded by Councilman Van Due]• man. Carried by the fallowing vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None., Mr, Louis Guasto and others, committee representing the Du- buque Conservation Society, ad• dressed the Council asking that Lake Peosta be dredged and opened up in order to provide open water fishing, skating and other recreat- ional activities. Councilman Russo moved that matter of dredging and opening up of Lake Peosta as requested be referred to the Coun• cil to view the grounds. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Mr. John Petrakis and oh h s, managers of soft ball teams, ad• dressed the council protesting to the increase in entry fees from $35.00 to $50.00 for softball teams, to the lack of sanitary facilities at Comiskey and Rafferty fields, to the inadequate lighting at Comiskey Field, to the placing of sand and gravel as repairs on the playing fields. and the administration of recreation in general. Councilman Russo moved that the protests be referred to a joint meeting of the City Council and the Recreation Commission far discussion, s a i d meeting to be held during the week. Seconded by Councilman Van Duel• man. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Special Session, N1ay 16th, 1949 199 Property owners residing o n Kano Street addressed the Council asking that water mains be laid in said street as soon as possible. Property owners were advised by the Council that the Water Com- pany have already planned to ex- tend water mains in Kane Street, that the water pipe is on hand and work would be started b y August providing that the necessary right-of-way and waivers are se- cured from property owners. Councilman Russo moved that the verbal request presented to the Council for the opening of a street from Primrose Street to Kan e Street be referred to the Council to view the grounds. Seconded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Notice of Claim of Mrs. Nellie Tucker in an unstated amount for injuries received in a fall on the curbing at the corner of East 15th and Maple Streets, presented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded ;by Ceuncil- man Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Notice of Claim of George Ellison in the amount of $18.00 for injuries received in a fall on a defective sidewalk on the corner of Lincoln Avenue and Kniest Street, present- ed 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. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Notice of Suit of The Key City Gas Company, Plantiff; vs. Mancini Ventrella & Sons, Joseph Ventrella, Angelo D. Ventrella, Defendants, City of Dubuque, Iowa, Third Party, Defendant, in the amount of $937.22 and cost of the action far damages for injury to its pipes and mains on Asbury Road, presented and read. Councilman Russo moved that the Notice of Suit be referred to the City Solicitor. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas-Mayor Wharten, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Communication of Durrant and Berquist, by Raymond G. Bergquist, advising the City Council that they wish to volunteer their services in assisting the City Council in the drafting of a new city building code, presented and read. Council• man Van Duelman moved that the communication be referred .to the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Communication of Frank B. Ulish, Field Director, Division of Safety Education, Department of Public Safety, Des Moines, Iowa, Advising that Dubuque won a Second Award, (tied with Sioux City) in the 1948 Traffic Contest and that Field re- presentative, Mr. Al Lowell, will call within the next few days to make arrangements for presenta- tion of same at a public dinner or service club luncheon, 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 Hiram A. Winge and others, property owners in the Hoyt and Ungs street area, asking the City Council to cause a sanitary sewer to be constructed to serve their properties, presented and read. Councilman Van Duelman moved that a plat and schedule be ordered prepared showing the cost of con• struction of a sanitary sewer Por I~ 20o Special Session, May 16th, 1949 the Hoyt and Ungs Street area as requested. Seconded •by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Petition of Mr, and Mrs. Milton R, Hartley requesting permission t~'om the City Council to secure a building permit for one Lustron Home for their own use, presented and read. Councilman Thompson moved that the petition be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Mary Agard Tent No. 35 Daughters of Union .Veterans requesting permission for the hold- ing of a tag day sale on June 11th, 1949, presented and read. Council• man Van Duelman moved that the request be granted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Councib man, Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of E. D. Markward re• questing that city water service be extended to house number 35 Lindberg Terrace, presented and read. Councilman Van Duelman moved that the petition be referred to the Water Superintendent for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Petition of Arnold Maus and others residents on the s t r e e t known as N. Burden stating that they wish to •be taken into the City also the joint petition of Andrew J. Finzel and others, pro• perty owners on Davis Avenue stat- ing that they wish to be taken into the city, presented and read. Coun- cilman Welu moved that the peti- tions 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 Duel• man, Welu. Nays-None. Mr. W. H. Elfmann addressed the Council with reference to the cost of running a new copper water line from the water main on Bluff Street to serve his property located on Locust Street near 13th Street and asking that he be reimbursed in the amount of $250.00, as he has been informed that this has been done on similar occasions. Coun- cilman Russo moved that the verbal request of Mr. W. H. Elfmann be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No. 16.49. An Ordinance creating and es- tablishing "Cherry-Green S t r e e t Sower District," which district em- braces all of the ]ands within the drainage area of the sewer system to be constructed within the same, declaring that all lands within said district are benefited by the sewers to be constructed therein and sub- ject to special assessments for the payment of the cost of such sewer and appurtenances thereto and defining all of such lands which are subject to be furnished with sewer connections or drainage by said sewer system to the ad- jacent property, said ordinance hav- ing been passed upon first reading on May 2nd, 1949, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 18.49 An Ordinance creating and estab- lishing "Cherry-Green Street Sewer District," which district embraces all oP the lands within the drainage area of the sewer system to be constructed within the same, de- claring that all lands within said district are benefited by the sew- ers to be constructed therein and subject to special assessments for Special Session, May 16th, 1949 201 the payment of the cost of such sewer and appurtenances thereto and defining al] of such ]ands which are subject to be furnished with sewer connections or drainage by said sewer system to the adjacent property. Be It Ordained by the City Council oP the City of Dubuque: Sea 1. That there be and there is hereby created and established a sewer district within the City of Du- buque, said district to be known and designated as "Cherry-Green Street Sewer District," and all lots, lands and parcels of real estate situated within and bounded as hereinai'ter defined shall be deemed to comprise said district and the same are hereby found and declared to be benefited by the sanitary sewers and appur- tenances thereto to be laid and con- structed within said district, such district being circumscribed by a line drawn as follows: Beginning at the northwest csuer of lot number 140 of Finley's Addi- tion and running in a southeasterly direction along the southerly line of the alley south of Asbury Street to the westerly line of Poplar Stree[; thence continuing across Poplar Street and continuing along the southerly line of said alley to the northeast corner of lot number 182 of Finley's Addition; theuce south- erly along the westerly line of the alley west of Asbury Street across Green Street and across Cherry Street to the northeast corner cf lot number 222 of Flnley's Addition; thence westerly along the southerly line oY the alley south of Cherry Street to the northwest corner of lot number 223 of Finley's ;Additio^ thence southerly along the tine be- tween lots numbered 223 and 224 of Finley's Addition a distance of 109 feet; thence westerly along a line parallel to the alley line a distance of 66 feet to the easterly line oP Fin- ley Street; thence across b'inley Street to a point on the westerly line of Finley Street located at the south- easterly corner of the North GO feet of lot number 225 of Finley's Addi- tion; thence westerly to [he south- westerly corner of the north GO fee! of lot number 227 of Finley's Addi- tion; thence northerly to the north- erly line of the alley south of Cherry Street; thence westerly ,along the northerly line of said alley to the southeasterly corner of lot number 209 of Finley's Addition; thence northerly along the line between lots numbered 209 and 2I0 of Flnley's Ad- dition to the southerly line of Cherry Street; thence westerly along the southerly line of Cherry Street to the easterly line of the alley at the cor- poration limits; thence north along the east line of said alley crossiug Cherry Street, Green Street and Kar- rick Street, and continuing to the point of beginning. Sec. 2. That there will be con- structed within said delimited district sanitary sewers, lift station and force main as follows: A reinforced concrete lift statim7 in accordance with the plans and specifications prepared therefore, said lift station to be located at the in- tersection oP the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets. Eight (8) inch vitrified file sanitary sewer lines to be laid in the follow- ing locations: Beginning at the lift station lo- cated on the intersection of the cen- ter lines of the alley at the corpora- tion limits and the alley between Cherry and Green Streets; thence easterly along the center line of the alley between Cherry and Green Streets to a point 5 feet westerly from the prolongation of the line between lots number 205 and 20G of Finley's Addition; thence southerly along a line 5 feet westerly of and parallel to the easterly line of lot number 206 of Finley's Addition to the center of Cherry Street; thence easterly along [he center line of Cherry Street to a point on the pro- longation of the line betweeu lots numbered 220 and 221 of Finley's Ad- dition; also westerly along the cen- terline oP Cherry Street to a point on the prolongation of the line be- tween lots numbered 1 of 208 and 2 of 203 of Finley's Addition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of Fin- ley Street to the centerline oP the alley south oY Cherry Street. Beginning at said lift station and running north In the alley at the cor- poration limits to the center line of Green Street; thence easterly alarg the center line of Green Street to a point on the Urolongation of the pine between lots numbered 197 and 2 of 198 of Finley's Addition; also fcom the intersection of the center linos of Green and Finley Streets northerly along the center line of Finley Street to the intersection with Poplar and Karrick Streets; thence northerly along the center line of Poplar Street to a point on the prolongation of the line subdividing the northeast 102 feet and the southwest 65 feet-9 inches of lot number 19b of Finley Addition; also westerly frown the in- tersection of Finley and Poplar Streets along a line 12 feet southerly from and parallel to the northerly line of Karrick Street tc a point on the Prolongation of the line between lots numbered 141 and 142 of Finley Addition. A six inch cast iron force main to be laid on a line beginning at the lift station located m~ the intersec- tion of the center lines of the alley at the corporation limits and the alley between Cherry and Green Streets and running north along the center line of the alley at the cor- poration limits a distance of 880 feet, and continuing north from this point with an eight inch vitrified file sewer main across Asbury Street to the existing sanitary sewer manhole lo- cated at the intersection of said allay and the center line of Seminary Street. Sec. 3. That the rost oP construc- tion and installation of said sewer system within said district shall be distributed upon the lots, lands and parcels of real estate benefited there- by and all property which is sub- ject to be furnished with connection to said sewer system or which may be drained and served thereby shall be subject to assessment therefor 202 Special Session, May 16th, x949 and shall be considered as adjacent property. Sec. 4. That any part of the cost of construction of said sewer sys- tem which cannot be assessad against the lots, lands and parcels of real estate within said district may be paid by the City of Dubuque out of the Consolidated Fund. Sec, 5. This Ordinance shall be in force and ei'fect ten days from and after its passage and adoption by the City Council of the City of llu- buque and publication as Provided by taw. Passed upon first reading this 2nd day of May, 1949. Passed, adopted and approved upon final reading this 16th day of May, 1949. ALBERT WHARTON Mayor F. W. TH0IIPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELL' Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph-Herald newspaper this 19th da}• of May, 1949, J. J. SHEA, It may 19 City Clerk Councilman Van Duelman moved the adoption of the ordinance. Sec• onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu, Nays-None. Ordinance No. 18-49 An Ordinance providing for the vacation of the alley between Ben- nett Street and West Third Street, from the easterly line of Lot 1 and Lot 16 to the westerly line of lot 8 and 9 in Hodge's Subdi- vision No. 2 in the City of Dubuque, Iowa, and conveying said alley to the abutting property owners, pro- rented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Ceuncil- 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 seperate days. 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 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. Nays-None. Ordinance No. 19.49 An Ordinance providing for the vacation of the alley between Brunswick Street and Burden Ave. extending from O'Neill Street to the alley between Edith Street and O'Neil Street and fora convey- ance of said alley to the abutting owners, presented and road. Coun• cilman Thompson moved that the reading just had be considered the first reading of the ordinance. 5ec• onded by Councilman Welu. 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 seperate days. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Due]• man, Weld. 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 Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No, 20.49 An Ordinance providing for the vacation of Paul Street between Lowell Street and K l i n g e n b e r g Terrace, presented and read. Coun• cilman Thompson moved that the reading just had be considered the first reading of the ordinance. Sec- Special Session, May 16th, 1949 203 onded by Councilman Welu. 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 r~ quiring an ordinance to be read on three separate days. Seconded by Councilman Van Duelman. Carried by the Following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, W`elu. Nays-None. Councflman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before it's final adoption. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu, Nays-None. 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 fallowing vote: Yeas-Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No. 22.49, An Ordinance changing the grade of West Third Streot from the east property line of Algona Street to the west property line of North Grandview Avenue, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Counci]• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No, 21.49 An Ordinance amending the Traf• fic Code of the Gity of Dubuque by designating Windsor A v e n u e from the north-west line of Rhom- berg Avenue to the south line of Davis Street a "Through Highway,'' requiring all vehicles to stop before entering or crossing the same, pro- viding for the posting of stop signs, and for a penalty for a violation of the terms of this Ordinance, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. 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 ro- requiring an ordinance to be read on three separate days. 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 seperate days. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson 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 Van Duelman. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russc, Thompson, Van Duel• man, Welu. Nays-None. Ordinance No. 23.49. An Ordinance establishing a grade on Crass Street from the south property line of Coates Street to the north property line of Simp• son Street, presented and read. Councilman Thompson moved that the reading just had be considered the first readtng of the ordinance. 204 Special Session, May 16th, 1949 Seconded by Councilman Van Duel- man. Carried by the following: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson moved that the rules be suspended re• quiring an ordinance to .be read on three separate days. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. ' Councilman Thompson move d that the ordinance be placed on file with the City Clerk for public inspection for at ]east one week before its final adoption. Seconded by Councilman Russo, Carried by the fallowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance Na. 24-49 An Ordinance establishing a grade on Simpson Street from the intersection of Fremont Avenue to Station 21+93 at the west ,end oY Simpson Street, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Van Duelman. Carried by the fol- lowing 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 Welu. 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 City Clerk far 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. Nays-None. May 13, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Charles R, Rittenhouse submitted to me for investigation and report, on Monday January 31st, 1949 at about 7:00 P, M. claimant while walking in a westerly direc- tion on the sidewalk on the north aide of 29th Street be- tween White Street and Jackson Street, stepped on some rough, rounded and uneven ice and fell to the sidewalk, and received in- juries to his back which required him to have medical and surgical attention, and which incapacitated him for approximately four and one half weeks from his work; that his attorney claims that he is entitled to $1,000.00 damages because of the injuries received and the pain and suffering sus- tained ,by him. This sidewalk was in a dangerous condition at the time in question. After conferences with his attorney, they have agreed to settle this matter for $250.00. I recommend that this claim be settled for two hundred and fifty ($250.00) dollars, and that a warrant be issued payable to John K. Chalmers, attorney for Charles R. Rittenhouse for $250.00, and that the same be delivered to him upon 'I delivery to the City of a release properly executed by claimant. 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 $250.00 in favor of John K. Chamlers, Attorney for Charles R. Rittenhouse, as settlement in full of the claim, and that said warrant be delivered upon receipt by the Special Session, May 16th, 1949 ~~5 City of Dubuque of a properly ex- Street to 12th Street and that the ecuted release. Seconded by Coun- present Mt. Carmel-Fremont and cihnan Welu. Carried by the fol- Cleveland Avenue route s lowing vote: revert back to the prewar Fremont Yeas-Mayor Wharton, Councilmen and Cleveland-Mt. Carmel lines with Russo, Thompson, Van Duelman, the variation that Lombard Street Welu. and the southerly end of Algona Nays-None. Street would be afforded bus ser- vice on the Fremont route. May 16, 1949, There appears to be no dispute To the Honorable Mayor about the changes proposed for the and City Council, Main, Linwood and Point routes. Dubuque, Iowa. The written objection received deals Gentlemen: with the Fremont and Cleveland- Herewith is submitted Profile No, Mt. Carmel lines. A sutdy of 1322 showing the proposed grade these proposals indicates that while on West Third Street from Algona there would be no north bound F Street to North Grandview Avenue, bus service on Grandview Avenue ~ Profile No. 1333 showing the pro- from Bryant Street to Delhi Street, ~ posed grade on Cross Street from service for the greater number of Coates Street to Simpson Street bus patrons in the area would be and Profile No. 1334 showing the expedited and further that mare proposed grade on Simpson Street people would be helped than those from Fremont Avenue to the end who might be somewhat diatom- . of Simpson Street. moiled. I recommend that the proposed For the reasons outlined I re- grades be approved as shown on commend that the ordinance desig• the profiles and ordinances be pas- nating bus routes be re-written to sed establishing such grades. include the changes as proposed s Respectfully submitted, by the Interstate Power Company. R. J. GALLAGHER, Respectfully submitted, City Engineer. A. A. RHOMBERG Councilman Thompson moved City Manager. that the recommendation of City Councilman Thompson move d Engineer Gallagher be approved. that the recommendation of City Seconded by Councilman Welu. Car- Manager Rhomberg be made amat- ried by the following vote: ter of record and City Solicitor in- Yeas-Mayor Wharton Council- stru~ted to prepare proper ordi- , nances. Seconded by Councilman men Russo, Thompson, Van Duel• Welu. Carried by the following man, Welu. vote: - Nays-None. Yeas-Mayor Wharton, Council- May 16, 1949. men Russo, Thompson, Van Duel- t To the Honorable Mayor man, Welu. and City Council, Nays-None. Dubuque, Iowa, Petition of Stanley Terris and Gentlemen: others objecting to the proposed The petition of the Interstate bus route changes of the Cleveland, ' Power Company submitting p r o• Grandview and Fremont bus ached- posed changes in bus routes was ule, presented and read. Council- referred to me for the purpose of man Thompson moved that the conferring with the officials of the petition be received and filed. Sec- Interstate Power Company. Pur• onded by Councilman Van Dhel- suant to your instructions I have man. Carried by the following vote: met with them and hereby report yeas-Mayor Wharton, Council- to you. men Russo, Thompson, Van Duel- p The changes proposed may be man, Welu. summarized as follows: The com• I Nays-None. pony asks that the Main, Lin• RESOLUTION N0. 127.49 wood and Paint routes be changed ! BE IT RESOLVED by the City on their north-bound runs from ,Council of the City of Dubuque Loras Boulevard and East 14th that the following, having complied 206 Special Session, May 16th, 1949 with the provisions of ]aw relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigar- ette papers within said Gity and the Manager is directed to issue such permit on behalf of said City. Name Address William A. Brown and Hilda Brown, 2417 Rhomberg Avenue BE IT FURTHER RESOLVED that the bond filed with the applica- tion be approved. Passed, adopted and approved this 16th day of May, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELD Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. RESOLUTION N0. 128.49 WHEREAS, application for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: NC W, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that 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 Martin Meyer and Vernon Meyer, 530 East 22nd Street William A. Brown and H i l d a Brown, 2417 Rhomberg Avenue Passed, adopted and approved this 16th day of May, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAi\ ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. SHEA City Clerk Councilman Thompson move d he adoption of the resolution. Sec• coded by Councilman Welu. Carried ~y the following vote: Yeas-Mayor Wharton, Caun• oilmen Russo, Thompson, Yan Duel• non, Welu. Nays-None. RESOLUTION N0, 129.49 WHEREAS, heretofore applica- tions for Class "B" Beer Permits were filed by the within named applicants and they have received the approval 04 this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the Manager be and he is hereby di• rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Name Address Martin Meyer and Vernon Meyer, 530 East 22nd Street. William A. Brown and Hf 1 d a Brown, 2417 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap• plicants be and the same are here- by approved. Passed, adopted and a p p r o v e d this 16th day of May, 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 Van Duel• man. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. May 10, 1949. To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. RE. ANEW TRAFFIC CODE. Gentlemen: Complete traffic ordinances were adopted in 1926, 1930 and 1937. In a t. Special Session, May 16th, 1949 X07 each instance this action consti- tuted acomplete recodification and repealing of all prior ordinances and amendments, Since 1937 twenty-four amend- ments have been added to the last Traffic Cade of 10.37. During the past 12 years there have been numerous changes made by the State Legislature. Many of these changes have been incorporated in our ordinance through amendments. There are however, many other changes of the wording limi• tations and regulations which are not at present in our Traffic Code. The State Legislature has im- posed some duties on local officials. These duties must be performed and it is the recommendation of the Public Roads Administration that these duties be covered by Ordinance so that their perform~ once will be insured regardless of changes of administration, Their incorporation in this Ordinance will conform with the Mode] Traffic Ordinance as recommended by the National Conference on Street and Highway Safety. A study of the proposed Ordi- nance will show that the rules on registration and licensing, the rules oP the road and equipment will follow the code. The section on parking contains the State Laws where applicable and otherwise contains the local regulations which are within the powers of local authorities. It will be found that the parking rules are the same as those contained in the last Traffic Code plus all the amendments since then. There are a few additions. A study of the past ordinances and amendments fail to show any au- thority for time parking restrictions on Eighth Avenue from Bluff Street to the west line of Hill Street or on West 13th Street from Central Avenue to Main Street. Both of these sections have been sign-post- ed in the past and have been included in this proposed ordinance. The block on East 10th Street be- tween Central Avenue and White Street has been included because of the numerous requests of busi- Hess people affected. The south side of West 24th Street from Central Avenue to Broadway has been included in the schedule. This street has been sign-posted for years but never included in pre- vious ordinances. New sections taken from the State Code cover several new defin- itions, the using or false license plates, duties of emergency vehicles, exemption of road working crews, use of farm tractors, duties in case of injury accidents, new laws on reporting of accidents, clarifi• cation of laws on passing, pro• viding for travel within marked lanes, providing for one way streets and alleys, selling of defective vehicles, covering alley parking, limiting angle parking areas, inserting section on enforce- ment of meters, illegally moving parked vehicles, inserting section on one side street parking, calling for Stop lights, forbidding red lights in front, forbidding flashing lights, new section on clear windshields, new limitations on weight and height, new section on local re• sponsibility and criminal responsi- bility. Section removed from Ordi- nance 10.37 because there is no foundation for them in State Law anymore or because they have been radically changed by State Law are as follows: the section on load on axles, axle widths, length of draw bars, windshields, blocking o1 railroad tracks (covered in another ordinance), right~f-way at an in• tersection (rule 69), leaving alleys (rules 74 and 78), obedience to traffic officers (duplication), emit- ting smoke (covered), right-of- way on through streets (100) cover- ed, parking of bicycles, racing of motors, traffic officer (rule 134), penalty clause on white cane law (comes under same clause oY or- dinance). It will be noted that the differ- ent paragraphs cover related sub• jects. With our present ordinance, because of the many amendments, it is necessary to look in various places in the book to find material looked for. The paragraphs in their sequence very closely follow the Zo8 Special Session, May 16th, 194g ~ Special Session, lt~y 16th, Iggg tog plan of the State Code. The use of schedules it is be- lieved will keep the main body of the ordinance fairly intact. Most amendments are made to items covered in these schedules and any future changes can be made with• out affecting the body of the ordinance, The City Council some time ago authorized the printing of Traffic Codes. The demand for the pub- lication is great. It is felt, however, that because of the many amend- ments and the length of time since the adoption of the last complete ordinance with the many result- ant minor and major changes, it would be best to junk the old ordinance and enact a complete new one and a printing thereof in booklet form. I herewith submit a draft of the proposed ordinance and I recom• mend the repealing of the old or- dinance and the enactment of the proposed ordinance in lieu thereof. Respectfully submitted, JOS. H. STRUB, Chief of Police. Councilman Russo moved that the communication of Chief of Police Strub, together with at- tached proposed traffic ordinance, be referred to the City Solicitor for study and report and that action be abated on the proposed traffic ordinance until reports are receiv- ed from the Chief of Police and Fire Chief with reference to sur- veys made on traffic conditions and hazards at congested intersec- tions and until such times as the laws enacted at the last session of the State Legislature are in Force and effect. Seconded by Council- man Welu. Carried by the follow• ing vote: Yeas-Mayor Wharton, Council• man Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson m a v e a that the City Manager Rhomberg be instructed to petition the Iowa Stiate Highway Commission for the installation of Stop and Go lights at the intersection of Dodge and Gocvst Streets. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Van Duelman moved that the City Council reconsider their former action in authorizing the Mayor to appoint a Committee consisting of not less than three and not more than five members for the purpose of making a study and submitting a new building code for Council consideration. Seconded by Council Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Van Duelman moved that the Mayor be authorized to appoint a Committee for the pur- pose of making a study and sub- mitting anew building code for Council consideration. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Van Duelman moved the City Manager be instructed to notify the officials of the Railroad Companies to repair their railroad crossings at 12th, 13th, 14th, 15th, 16th, 17th, 22nd and 24th Streets and also the crossing at Garfield Avenue, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- cilmen Russo, Thompson, Van Duel- man, Welu. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded .by Council- man Thompson. Carried by the fol- lowing 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 :.......................................... City Clerk. 21o Special Session, May 23rd, 1949 City Council (OFFICIAL) Special Session, May 23rd, 1949. Council met at 7:30 P. M. Present-Mayor Wharton, Coun- cil~nen Russo, Thompson, V a n Deulman, Welu. City Mange r Rhomberg. Meeting called by order of Coun- cilmen Welu and Russo, Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- ducting public hearings on the proposed improvements of West Third Street, Simpson Street and Cross Street and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of hear- ing upon the plans and specifics~ lions, form of contract and cost of improvement for the improve- ment of West 3rd St, from the east property line of Algona Street to the west property line of Grand- view Avenue, estimated cost $9,230. 27, presented and read. Councilman Van Duelman moved that t h e proof of publication be received and filed. Seconded by C o u n c i l m a n Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pend- ency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the im• provement of Weat Third Street from the east property line of Algona Street to the west pro- perty line of Grandview Avenue, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of (IMPROVEMENTS) RESOLUTION N0. 1301}9 WHEREAS, proposed plans and specifications and form of contract for the improvement of Weat Third Street from the east property line of Algona Street to the west pro- perty line of Grandview Avenue have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time be ing this 23rd day of May, 1949, and WHEREAS, the City Council met in Special session this 23rd day of May, 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 proposed to be made; and WHEREAS, all interested part- ies have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost o4 said improvement be made a mat- ter of permanent record in con- nection with said improvement. Special Session, May 23rd, 1949 2n Passed, adopted and approved this 23rd day of May, 1949. ALBERT WHARTON Mayor. F, W, THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen, Attost: 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. (Necessity for Improvement) RESOLUTION N0. 119.49 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 ore 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 typo of construction and kind of mat- erial to be used, 6. In each case the amount there of whfch is estimated to be as- sessed against each lot, for the improvement of West Third Street from the east property line of Algona Street to the west property line of Grandview Avenue 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 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, the y shall be deemed to have waived all objections thereto. Said improvement shall bb con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property l y i n g 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 ad- jacent thereto according to area and in proportjo^ to the ~pee~ ial benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or s e w e r funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was in- troduced, approved and o r d e r e d placed on Pile with the City Clerk this 2nd day of May, 1949. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 23rd day of May, 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 Russo. Car• vied by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-Novo. 212 Special Session, May 23rd, 1949 (Ordering Construction) RESOLUTION N0. 131.49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 119.49 which was duly passed by this Council, for the improvement of West Third Street from the east property line of Algona Street to the west property line of Grand- view Avenue be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners, All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Passed, adopted and a p p r o v e d this 23rd day of May, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the Following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Due]• man, Wetu. Nays-None. 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 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 sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted .by the City Council. ~. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to 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 an or before 25 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 by the City Council. Proof of publication, certified to by the publishers, of notice of hearing upon the plans, specifica- tions, form of contract and cost of improvement for the improvement of Simpson Street (north side) from the west property line of Fremont Avenue to the east property line of Cross Street, es- timated cost $5,296.94, presented and read. Councilman Thompson 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. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Simpson Street _(north side) from the west pro- perty line oP Fremont Avenue to the east property line of Cross Street, presented and read. Coun- cilman Van Duelman moved than the proof of publication be re- ceived and filed. Seconded by Councilman Russo. Carried by the fallowing vote: Yeas-Mayor Wharton, Coun- cilman Russo, Thompson, Van Duel- man, Welu. Nays-None. Special Session, May 23rd, 1949 213 (Decision of Council upon ob• •jections to plans, specifications, form of contract and cost of im- provements.) RESOLUTION N0. 132.49 WHEREAS, proposed plans and specifications and form of contract far the improvement of Simpson Street (north side) from the west property line of Fremont Avenue to the east property line of Cross Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1946, pertaining to public con- tracts and bonds, and the time and place fixed far the hearing of all objections to said plans, spec- ificaticna or contract for or cost of such improvements, said time being this 23rd day of May, 1949, and WHEREAS, the City Council met in Special session this 23rd day of May, 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 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 there- fore BE IT RESOLVED by the City Council of the Gity oP 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, :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 toy the plans, specifications and form of contract for or cost of said improvement be made a mat- ter of permanent record in con- nection with said improvement. Passed, adopted and approved this 23rd day of May, 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 Councilmen Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. (Necessity fcr Improvement) RESOLUTION N0. 122.49 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 file in the office of the City Clerk showing among other things the following: 1. Tho 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 mat- erial to be used. 6. In each case the amount there~ against each lot, for the improve- ment of Simpson Street (north side) from the west property line of which is estimated to be assess- ed against each lot, for the improve- of Fremont Avenue to the east property line of Cross Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare tc make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed re• eta Special Session, May a3rd, 1g49 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 improvemenh shall be con• structed and done in accordance with the plane and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now ou file with the City Clerk. That the coat and expense of making said improvement will be assessed upon and against all privately owned property lying-with- in assessable distance provided by law and in an amount not to exceed the amount provided by ]aw, property will be assessed whether the same abuts thereon or is adjacent thereto according tq area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improve~ went funds or sewer funds, or part- ly out of said 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 plac- ed on file with the City Clerk this 2nd day of May, 1949. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 23rd day of May, 1949. AL'BE'RT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk (Ordering Construction) RESOLUTION N0. 133.49, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 122.49 which was duly passed by this Council, Por the Improvement of Simpson Street (north aide) from the west property line of Fremont Avenue to the east property line of Cross Street be and the same are hereby ordered and constructed .by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now an the in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense oY the said improvements be paid for by levying special assessment s against the privately owned pro• party 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 ben- efts conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly frgm each of such funds. Payment w i 11 b e made to the contractor out of funds realized from the sale of bonds to 'be issued in anticipation of deferred payments of assess merits as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said fmprovements shall be completed on or before 24 calendar days after date of contract. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in forFe apd effect from and after its passage and adoptiop by the City CAUAeiL Councilman Thompson move d the adoption of the resolution. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Special Session, May a3rd, 1949 215 Passed, adopted and approved this 23rd day of May 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. Proof of publication, certified to by the publishers, of notice of hearing upon plans, specifications, form of contract and cost of im- provement for the improvement of Cross Street (east side) from the south property line of Coates Street to the north property line of Simp- son Street, estimated cost $1,750.34, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Russo. Carried .by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pend- ency of resolution of necossity aria hearing upon proposed plans, spec- ifications, form of contract and cast of improvement for the impra vement of Croea Street (east side) from the south property line of Coates Street to the north property line of Simpson Street, presented and read. Councilman Van Duel- man moved that the proof of pub- lication be received and filed. Sec• onned by Councilman Welu: Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im- provements.) RESOLUTION N0. 13449 WHEREAS, proposed plans and specifications and form of contract for the improvement of Cross Street (east side) from the south property line of Coates Street to the north property line of Simpson Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1946, pertaining to pwblic contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifications or contract for or cost of such im• provements, said time being this 23rd day of May, 1949, and WHEREAS, the City Council met in Special session this 23rd day of May, 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 proposed plans, specifications or contract for or cost of the improvement herein d e scribed and proposed to be made; and WHEREAS, all interested parties have been given an .opportunity to be heard and all objections which have been Piled have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council oP the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, speGifjgations and form of contract heretofgre approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of bhis Council uppn all objections which have been (fled to the plans, specifications aqd form of contract for or cast of said im• provome(lt be made a matter of 216 Specia( Session, May 23rd, 1949 permanent record in connection with said improvement. Passed, adopted and approved this 23rd day of May, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA Gity 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. (Necessity for Improvement) RESOLUTION N0. 125.49 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 file in bhe 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 bhe cost of the proposed improvement, stating the same for each different type of construction and kind of mate- rial to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the improvement of Cross Street (east side) from the south property line of Coates Street to the north pro- perty line of Simpson Street BE IT THEREFORE RESOLVED that bhe 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 impro- vement, and unless property own• ers 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 shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have ,been approved by the City Council and are now on file with the City Clerk. That bhe cast and expense of making said improvement will be assessed upon and against all privately owned property l y i n g 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 ad- jacent 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. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of May, 1949. The foregoing resolution w a s finally passed and adopted, as pro- posed, by the City Council this 23rd day of May, 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• onned by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. J ~1 Special Session, May 23rd, 1949 217 (Ordering Construction) RESOLUTION N0. 135.49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 125-49 which was duly passed .by this Council, for the improvement of Cross Street (east side) from the south property line of Coates Street to the north property line of Simp- son Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Passed, adopted and approved this 23rd day of May 1949. ALBERT WHARTON Mayor. F, W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo moved the a- doption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas~Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. 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 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 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 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 bhe manner provided by law, the said improvements shall be completed on or before 12 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 by the City Council. ~~~ Councilman Thompson move d that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Russo. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Appropriation: 1700405 Naval Re- serve, 1950, Expend. Acct. No. 45745, Object Class, No. 051, Bu. Control No. 32,000 Requisition: BuPers EN 4-4D00-50. RENEWAL OF GOVERNMENT LEASE You are hereby notified t h a t under the provisions of Paragraph 5 of Government ]ease: NOY (R) • 40838 with City of Dubuque, Iowa, Lessor, d, 1-1-47 covering approx- imately 0.85 of an acre in Ham's Addition in bhe City of Dubuque, Iowa, for a Naval Reserve Armory. L16.65-Du the United States of America elects to renew the said lease, as the same may have been amended, for the period of one year from and after June 30, 1949, and by these presents does renew, extend, and adopt the said lease ar)d all the terms and conditions thereof for the period beginning July 1, 1949, and ending June 30, 1950. 218 Special Session, May 23rd, 1949 Dated at Washington, D. C, 16 May 1949. THE UNITED STATES OF AMERICA, By WILLIS R. DUDLEY By direction of the Chief of the Bureau of Yards and Docks, acting under the di• rection of the Secrotary of the Navy. The Mayor, City of Dubuque, Dubuque, Iowa. Councilman Thompson move d that the Renewal of Government Lease be received and made a mat- ter of record. Seconded by Council- man Russo. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Communication of County Aud- ditor Daykin advising that t h e Board of Supervisors will accept an offer oY $150.00 on Lota 20 and 21 Quigley's Sub. made .by Clarence J. Mitchel] upon approval by the City Council, presented and read. Councilman Russo moved that the communication 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 James J. Howarth making application for permission to construct a sewer from the man- hole on the corner of Windsor and Davis Avenues and water main from the corner of Windsor and Davis Avenues in an easterly di- rection, for approximately 175 feet for the purpose of serving his property, presented and read. Coun- cilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Wolu. Nays-None. Petition of the Dubuque Meta] Trades Council, by Alphonse Ger- hards, Recording Secretary, request- ing that the Point bus be routed over Twelfth Street to and Prom the City in place of over Fourteenth Street as at present, presented and read. Councilman Van Duelman moved that the petition be received and filed. Seconded by Councilman Thompson. Carried ,bY the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Communication of William E. Brown, Jr. Mayor of Ann Arbor, Michigan, extending invitation to the Mayor, Councilmen, City En• gineer, Chief of Police and Members of the Planning Commission to attend the opening of a new thrre• deck parking structure to be held on May 26th, 1949, presented and read. Councilman Van Duelman moved that the communication be referred to the Council. Seconded by Mayor Wharton. Carried by the following vote: Yeas-Mayor Wharton, Council• men Thompson and Van Duelman. Nays-Councilmen Russo a n d Welu. Ordinance No. 17.49 An Ordinance eatablfshing and fixing rates to be charged for the furnishing of bus transportation to passengers on busses operated by the Interstate Power Company in the City of Dubuque; repealing all Ordinances in conflict herewith; prescribing a penalty Yor violation hereof, and declaring an emergency, said ordinance having been passed upon first reading on May 16th, 1949 and ordered placed on file with the City Clerk for Public in- spection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE N0. 17.49 An Ordinance establishing and fixing rates to be charged for the furnishing of bus transportation to passengers on busses operated by the° Interstate Power Company in the City of Dubuque; repealing all Ordinances in conflict herewith; Special Session, May 23rd, 1949 21q prescribing a penalty for violation hereof, and declaring an emer- gency. Wheroas, the Interstate Power Company operates a bus system in, along and upon the streets of the City oY Dubuque by virtue of a franchise Ordinance adopted and approved by the electors of the City of Dubuque on May 24, 1946; and Whereas, it is provided by said franchise Ordinance that the City Council reserves the right to Pix reasonable and just rates; and Whereas, application has been filed by the Interstate Power Com- pany far an increase in bus rates; and Whereas, after such investi- gation, it has determined that there should be an increase in bus fares; Now Therefore: Be It Ordained by the City Council of the City of Dubuque: Section 1. That the fare to be charged lay the Interstate Power Company on all busses operated in the City of Dubuque under said franchise Ordinance be and the same is hereby fixed at four tokens for twenty-five (25c) cents with a ten (10c) cent cash fare for adults, and that when request- ed transfers are to be issued upon the payment of all fares without additional charge. Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. That any person, firm or corporation who shall violate any of the terms of this Ordin• once shall be guilty of a mis• demeanor, and upon conviction thereof shall be fined not to ex- ceed one hundred ($100.00) dollars or imprisoned not to exceed thirty (30) days in jail. Section 4. This Ordinance being deemed urgent and of immediate necessity and in the interest of the Public shall be in effect from and after its tinal passage, adop- tion and approval by the Coun• ci] of the City of Dubuque and the publication as provided by law. Fassed upon first reading this 16th day of May, 1949. Passed, adopted and approved upon final reading this 23rd day of May, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELU Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele' graph-Herald newspaper this 25th day of May, 1949. J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No. 18-49 An Ordinance providing for the vacation of the alley between Ben- nett Street and West Third Street, from the easterly line of Lot 1 and Lot 16 to the westerly line of Lot 8 and 9 in Hodge's Subdivision No. 2 in the City of Dubuque, Iowa and conveying said alley to the abutting property owners, said or• dinance having been passed upon first reading on May 16th, 1949 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 18.49 An Ordinance providing for the vacation of the alley between Bennett Street and West Third Street, from the easterly line of Lot 1 and Lot 16 to the westerly line of Lot 8 and 9 in Hodge's Subdivision No. 2 in the City of Dubuque, Iowa and conveying said alley to the abutting property owners. WHEREAS, application has been filed with the City Council for the vacation of the alley between Ben- nett Street and West Third Street from the easterly line of Lot 1 and Lot 16 to the westerly line of Lots 220 Special Session, May 23rd, 1949 8 and 9 in Hodge's Subdivision No. 2 in the City of Dubuque, Iowa; and WHEREAS, said application has been referred to the Dubuque Plan• Wing and Zoning Commission; and WHEREAS, said Planning and Zoning Commission examined into the advisability of vacating said alley, and reported that said alley is a -blind alley and recommends the vacation thereof. NOW THEREFORE: Be it ordained by the City Coun- cil of the City of Dubuque; Section 1. That the alley be- tween Bennett Street and West Third Street from the easterly line of Lot 1 and Lot 16 to the westerly line of Lots 8 and 9 in Hodge's Subdivision No. 2 in the City of Dubuque, be, and the same is hereby vacated. Section 2. That the applicants shall cause a plat to be made of said vacated alley and file for record wherein separate parts ad• joining separate lots shall be given legal descriptions whereupon the City of Dubuquo will convey said lots to the adjoining owners, and the Mayor and Clerk of said City are hereby authorized to exe- cute said deeds on behalf of the City of Dubuque. Section 3. That the City Clerk be, and is hereby directed to file for record a duly certified copy of this Ordinance in the Office of the County Recorder of Dubuque County, Iowa. Section 4. That this Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as by law provided. Passed upon first reading May 16th, 1949. Passed, adopted and approved upon final reading this 23rd day of May, 1949. ALBERT ~VHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Published officially in The Tele• graph-Herald newspaper this 26th day of May, 1949. J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance, Sec- onded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No. 19.49 An Ordinance providing for the vacation of the alley ,between Brun- swick Street and Burden Avenue extending from O'Neil Street to the alley between Edith Street and O'Neil Street and for a conveyance of said alley to the abutting owners, said ordinance having been passed upon first reading on May 16th, 1949 and ordered placed on file with the City Clerk for public in- spection for at least one week before its final adoption, was pro sented for final adoption. ORDINANCE N0. 1949 An Ordinance providing for the vacation of the alley between Brunswick Street and Burden Ave- nue extending from O'Neil Street to the alley between Edith Street and O'Neil Street and fora con- veyance of said alley to the abutt• ing owners. WHEREAS, application has been filed with the City Council for the vacation of the alley between Brunswick Street and Burden Ave• nue extending from O'Neil Street to the alley between Edith Street and O'Neil Stroet; and WHEREAS, said application has been referred to the Dubuque Plan ping and Zoning Commission for investigation and report; and Whereas, consent of all of the abutting property owners has bean received and is now on file; and WHEREAS, the Planning and Zoning Commission, having exam- ined into the advisability of vacat- ing said alley, recommended that ouch vacation be made. NOW, THEREFORE: Be it ordained by the City Coun- cil of the City of Dubuque: t r- Special Session, May 23rd, 194q 22I Section 1. That the alley be- tween Brunswick Street and Bur- den Avenue extending from O'Neil Street to the alley between Edith Street and O'Neil Street be, and the same is hereby vacated. Section 2. That the applicants shall cause a plat to be made of said vacated alley and filed for record wherein separate parts ad- joining separate lots shall be given legal descriptions, where- upon the City oY Dubuque will convey said lots to the adjoining owners, and the Mayor and Clerk of said City are hereby author- ized to execute said deeds on behalf of said City. Section 3. That the City Clerk be, and he is hereby directed to file for record a duly certified copy of this Ordinance in the Office of the County Recorder, Dubuque County, Iowa. Section 4. That this Ordinance shall be in force and effect ten days from and after its final pass- age, adoption and publication as provided by law. Passed upon first reading May 16th, 1949. Passed, adopted and approved upon final reading May, 23rd, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N, RUSSO CLARENCE P. WELU Councilmen Attest: J. J. SHEA City Clerk. Published officially in The Tele- graph-Herald newspaper this 26th day of May, 1949. J. J. SHEA City Clerk. Councilman Russo moved the a- doption of the ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No. 20.49 An Ordinance providing far the vacation of Paul Street between Lowell Street and Klingenberg Terrace, said ordinance h a v i n g been passed upon first reading on May 16th, 1949 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 20.49 An Ordinance providing for the vacation of Paul Street between Lowell Street and Klingenberg Ter• race. Whereas, application has been filed with the City Council for the vacation of Paut Street be- tween Lowell Street and Klingen- berg Terrace in the City of Du- buque; and WHEREAS, said application has been referred to the Dubuque Plan• Wing. and Zoning Commission for investigation and report; and WHEREAS, said Planning and Zoning Commission has examined into the advisability of vacating said part of Paul Street between Lowell Street and Klingenberg Terrace; and WHEREAS, the said Planning and Zoning Commission has rec• ommended that the request be granted with the condition that space be reserved for steps or a walkway, and easements for utili- ties provided. NOW THEREFORE: Be it ordained by the City Coun- cil of the City of Dubuque: Section 1. That Paul Street be- tween Lowell Street and Klingen• berg Terrace in the City of Du- buque be, and the same is hereby vacated. Section 2, That the applicants shall cause a plat to be made of said vacated alley and filed for record wherein separate parts ad- joinin~ separate lots shall ,be given legal descriptions, whereupon the City of Dubuque will convey said lots to the adjoining owners, re- serving to the City of Dubuque the right to place steps or a walkway on said street and to place public utilities therein, and the Mayor and Clerk of said City are hereby authorized to execute deeds accordingly on behalf of the City of Dubuque. Section 3. That the City Clerk be and he is hereby directed to zaa Special Session, May 3rd, 1949 file for record a duly certified copy of this Ordinance in the Office of the County Recorder of Dubuque County, Iowa. Section 4. That this Ordinance shall be in force and effect ten (10) daps from and after its final passage, adoption and publication as provided by law. Passed upon first reading this 16th day of May, 1949. Passed, adopted and approved upon final reading this 23rd day of May, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. SHEA City Clerk. Published officially in The Tele- graph-Herald newspaper this 26th day of May 1949. J. J. SHEA, City Clerk. Councilman Thompson move d the adoption of the ordinance. Sec• onded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance Na. 21h9. An Ordinance amending t h e Traffic Code of the City of Dubuque by designating Windsor Averiu from the north-west line of Rhom berg Avenue to the south line o Davis Street a "THROUGH HIGH WAY", requiring all vehicles to sto before entering ar crossing th same, providing for the postin oP stop signs, and for a p@nalty for a violation of the terms of thi Ordinance, said ordinance Navin been passed upon first reading o May 16th, 1949 and ordered place on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 21.49 An Ordinance amending the Traf- fic Code of the City of Dubuque by designating Windsor Avenue from the north-west lino of Rhom- berg Avenue to the south line of Davis Street a "THROUGH HIGH- WAY", requiring all vehicles to stop before entering or crossing the same, providing for the post- ing oP stop signs, and Yor a penalty for a violation of the terms of this Ordinance. Be it ordained by the City Coun• cil of the Citp of Dubuque: Section 1. That Windsor Ave• nue from the north-west line of Rhomberg Avenue to the south line of Davis Street be and the same is hereby designated as a ~ `THROUGH HIGHWAY;' and that all vehicles be and the same are hereby required to stop before entering ar crossing the same. Section 2. That stop signs be posted upon or at all entrances to said "THROUGH HIGHWAY". Section 3. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemean- or, and upon conviction thereof shall be fined not to exceed one hundred ($100.00) dollars or im• prisoned not to exceed thirty (30) days in jail. Section 4. That this Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval .by the City Council, and publicat[on as provided by law, and when the signs as herein provided shall be posted. e Passed upon first reading this - 16th day of May 1949. f Passed, adopted and approved p upon final reading this 23rd day e of May, 1949. g ALBERT WHARTON Mayor. s F. W. THOMPSON g p1RANK VAN DUELMAN n ROMOLO N. RUSSO d CLARENCE P. WELU Councilmen. Attost: J. J. SHEA City Clerk. Published officially in The Tele• graph~Herald newspaper this 26th day of May, 1949. J. J. SHEA City Clerk. Specia( Session, May 23rd, 1949 223 Councilman Welu moved the a- ' doption of the ordinance, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No. 22.49. AN ORDINANCE CHANGING THE GRADE OF WEST THIRD STREET FROM THE EAST PROP- ERTY LINE OF ALGONA STREET TO THE WEST PROP- ERTY LINE OF NORTH GRAND- VIEW AVENUE, said ordinance having been passed upon first read- ing on May 16th, 1949 and ordered placed on file with the City Clerk for final inspection for at least one 'i week before its final adoption, was presented for final adoption. ORDINANGE N0. 22-49 AN ORDINANCE CHANGING THE GRADE OF WEST THIRD STREET FORM THE EAST PROP- ERTY LINE OF ALGONA STREET TO THE WEST PROPERTY LINE OF NORTH GRANDVIEW AV• ENUE. Be It Ordained by the City Council of the City of Dubuque: Section 1. That the grade on West Third Street from the east property line of Algona Street to the west property line of North Grandview Avenue established by Ordinance No. 33.46 be and the same is hereby changed, estab• lished and adopted as shown by the profile of said street and grade prepared by the City Engineer being profile number 1322. Bench Mark, the south end of southeast curb return of South Algona Street and Lombard Street, elevation 268.00. Said grade begins at station O+OQw hick is the east property line of Algona Street, south curb elevation 279.50, north curb eleva• lion 280.60; thence to station 0+50, south curb elevation 281.94, north curb elevation 282.44; thence to station 1+00, north and south curb elevations 283.04; thence to station 1}50, north and south curb elevations 282.62; thence to station 2}00, north and south curb elevations 281.29; thence to station 2 }50, north and south curb elevations 278.69; thence to station 3+00, north and south curb elevations 274.80; thence to station 4}75, north and south curb elevations 259.07; thence to station 5-f-00, north and south curb elevations 256.94; thence to station 5+50, north and south curb elevations 253.40; thence to station 6+00, north and south curb elevations 25D.82; thence to station 6-~5D, north and south curb elevations 249.18; thence to station 7-{-D0, north and south curb elevations 248.52; thence to station 7+50, north and south curb elevations 248.78; thence to station 8-{-00, north and south curb elevations 250.06; thence to station 8+ 50, ^orth and south curb elevations 252.26; thence to station 9+00, north and youth curb elevations 255.42; thence to station 9+25, north and south curb elevations 257.36; thence to station 12+55.4, north and south curb elevations 284.62; thence to station 13+05.4, north and south curb elevations 288.09; thence to station 13+42.7, which is the west property line of North Grandview Avenue, north curb elevation 289.90, south curb eleva- tion 289.60. Section 2. This ordinance shall be in force and take effect ten (10) days from and after its pas- sage by the City Council and its publication as required by law. Passed upon first reading May 16th, 1949. Passed, adopted and approved May 23rd, 1949. ALBERT WHARTON, Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Attest: J. J. SHEA, City Clerk. Published officially in The Tele• graph-Herald newspaper this 26th day of May, 1949. J. J. SHEA, City Clerk. Councilman Welu moved the a- doption of the ordinance. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Due]• man, Welu. Nays-None. 224 Special Session, May 23rd, 1949 Ordinance No. 23.49. AN ORDINANCE ESTABLISH- ING AGRADE ON CROSS STREET FROM THE SOUTH PROPERTY LINE OF COATES STREET TO THE NORTH PROPERTY LINE OF SIMPSON STREET, said ordi• nonce having been passed upon first reading on May 16th, 1949 and placed on file with the City Clerk for public inspection for at least one week .before its final adoption, was presented for final adoption. ORDINANCE N0. 23~I9 AN ORDINANCE ESTABLISH- ING A GRADE ON C R O S S STREET FROM THE SOUTH PROPERTY LINE OF COATES STREET TO THE NORTH PROP- ERTY LINE OF S I M P S O N STREET. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Cross Street from the south property line of Coates Street to the north property line of Simpson Street be and the same is hereby estab• lished and adopted as shown by the profile of said street and grade prepared by the City Engi- neer, being profile number 1333. Bench Mark: Railroad spike in utility pole number 207-928•A lo- cated at the intersection of Cross and Coates Streets, elevation 767.82 feet above mean sea level. Said grade begins at the south property line of Coates Street, which is station 0+00, east and west curb elevation 768.03; thence to station 0}94, east and west curb elevation 771.15; thence to station 1-F44, east and west curb elevation 781.79; thence to station 1+94, east and west curb eleva- tion 786.00; thence to station 3+94, east and west curb eleva- tion 802.00; thence to the north property line of Simpson Street at station 4}44, east curb elevation 805.25, west curb elevation 806.25. Section 2. This ordinance shall be in force and take effect tea (10) days from and after its final passage and adoption by the City Council and publication as pro• vided by law. Passed upon first reading May 16, 1949. Passed, adopted and approved May 23rd, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Tele- graph-Herald newspaper this 26th day of May, 1949. J. J. SHEA, City Clerk. Councilman Russo moved the a• doption of the ordinance. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Dueb man, Welu. Nays-None. Ordinance No. 24~I9. AN ORDINANCE ESTABLISH- ING A GRADE ON SIMPSON STREET FROM THE INTERSEC- TION OF FREMONT AVENIIE TO STATION 21-93 AT THE WEST END OF SIMPSON STREET, said ordinance having been passed upon first reading on May 16th, 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 fins] adoption, Ordinance No. 2449 AN ORDINANCE ESTABLISH- ING A GRADE ON SIMPSON STREET FROM THE INTERSEC- TION OF FREMONT AVENUE TO STATION 21+93 AT THE WEST END OF SIMPSON STREET. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That a grade on Simpson Street from the Intersec- tion oP Fremont Avenue to station 21+93 at the west end of Simpson Street be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engi- neer, being profile number 1334. Bench Mark, railroad spike in utility pole number 207-887-A lo- cated at Wartburg Place and Fre- mont Avenue, elevation 840.75. Said grade begins at the inter- section of Fremont Avenue and Special Session, May 23rd, 1949 225 Simpson Street, being station 0-} OQ north and south cm~b eleva• bons 839.80; thence to station 0}25, north and south curb eleva- tion 838.56; thence to station 1-00, north and south curb eleva• bons 838.75; thence to station 1}75, north and south curb eleva- tions 830.44; thence to station 2+30, north and south curb eleva• tions 828.67; thence to station 3+00, north and south curb eleva• lions 826.54; thence to station 3+70, north and south curb eleva- tions 825.22; thence to station 6}D0, north and south curb eleva• lions 822.09; thence to station 7+00, north and south curb eleva• tons 820.72; thence to station 8 } OJ, north and south curb eleva- lions 818.70; thence to station 14+75, north and south curb eleva- tions 805.20; thence to station 15+50, north and south curb eleva- tions 804.98; thence to station 15+83, the east property line of Cross Street, north and south curb elevations 805.68; thence to sta- tion 16+33, the west property line of Cross Street, north and south curb elevations 807.68; thence to station 18+30, north and south curb elevations 817.14; thence to station 18~8Q north and south curb elevations 818.32; thence to station 19+30, north and south curb elevations 817.04; thence to station 21}93, the end of Simpson Street, north and south curb eleva- tions 803.89. Section 2. This ordinance shall be in force and take effect ten (10) days from and after its pas- sage by the City Council and its publication as required by law. Passed upon first reading May 16th, 1949. Passed, adopted and approved May 23rd, 1949. ~i: ALBERT WHARTON ' ~ Mayor F. W. THOMPSON FRANK VAN DUELMAN .' ROMOLO N. RUSSO e CLARENCE P. WELU Councilmen Attest: J. J. SHEA, City Clerk. gg Published officially in The Tele- f+~ ~ i~ graph•Herald newspaper this 26th i day of May, 1949. ~ J. J. SHEA, City Clerk. k I ~ I ,~, r ~. Councilman Thompson move d the adoption of the resolution. Sec- onded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men It-usso, Thompson, Van Duel• man, Welu. Nays-None. Ordinance No. 25.49. An Ordinance designating certain motor bus routes in the City of Dubuque, repealing all'- ordinances or parts thereof in conflict here- with, providing for a penalty for a violation of the provisions hereof, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilmar- Thompson move d that the rules be suspended re- quiring an ordinance to be read on three seperate days. Seconded .by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson move d that the ordinance be place on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas~Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. May 17, 1949. Mr. J. J. Shea, City Clerk City Hall Dubuque, Iowa My Dear Mr. Shea: At the meeting of the City Coun- cil on Monday evening, May 16th, I was instructed as Mayor to ap- point acommittee to make a study and submit a building code to the City Council for their consideration. Enclosed is a list of men who I have appointed on this committee. I have suggested to Paul Rossiter 226 Special Session, May 23rd, 1949 that he act as temporary chairman, arrange for and call the firs t meeting of the committee and act as chairman until such time as the committee appoints a permanent chairman. Mr. Rossiter has agreed to act in this capacity. I would appreciate it if you would officially notify Mr. Rossiter of his appointment and work with him in notifying the other members of the committee and arranging for the first meeting. Thanking you, I am Yours truly, ALBERT WHARTON. Committee members: 1. Architects-Paul Rossiter, C. I. Krajewski, Raymond G. Berg- quist. 2. Building Trades Council and Brick Layers Jae Kass, W, P, Asmussen. 3. Carpenters Union -Fergus Gal- lagher, Frank Heying. 4. Engineers -Carl Bartels, R. J. Gallagher. 5, Master Builders-Wm. Mueller Orlin Conlon. 6. Materials Dealers - Al Pape, Delos Hodges, 7. Real Estate Board - C h r i s Voelker, Ed. Kuehnle. 8. Roofers, Sheet Metal & Steel Const: Howard Geisler, Oscar W. Lundgren, 9, City Bldg. Dept. D o n a l d Bandy, Dan. J. O'Leary, L. C. Norton. Councilman Van Duelman moved that the recommendation of Mayor Wharton be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Honorable Mayor and Members of the City Council Gentlemen: At a special meeting of the City Council held May 16, 1949, the petition of E. D. Markward re- questing city water service at 36 Lindberg Terrace was referred to me for investigation and report. There is only one house located on Lindberg Terrace, a distance of 375 feet from the existing water main on Eagle Street. There would be considerable rock excavating if the main was located in the street. I have contacted Mr. Mardward and it is satisfactory with him to extend a one inch service from Eagle Street at a location where there is no rock, to the lot adjacent to his house.. From this point Mr. Mark- ward will extend this service lino to his house at his expense. We will try to complete this extension by Fall of this year, CITY WATER DEPARTMENT J. J. HAIL, Supt. Councilman Van Duelman moved that the recommendation of Water Superintendent Hail be approved. Seconded by Councilman Welu. Car tied by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duei• man, Welu. Nays-None. 21 May 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim oY W. H. Elfmann orally made for $250.00 for the costs of running a new copper water line from the water main on Bluff Street to serve his property located on Locus t Street near the corner of 13th Street, there is no warrant or au• thority at law for the City to pay this claim, and I therefore ro• commend that the same be denied. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Russo moved t h a t the recommendation of City Solio- itor Kintzinger be approved. Sec- onded by Councilman Welu. Car- ried ,by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. May 21, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of George Ellison submitted to me for Special Session, May 23rd, 1949 227 investigation and report, on April 29th, 1949, claimant while walking on Lincoln Avenue near Kniest Street, tripped and fell on a raised portion of the sidewalk and re- ceived injuries which required him to secure medical attention. This sidewalk at the place whore claim- ant fell was raised two to three inches across the walk. He has agreed to accept the amount of his doctor bill in full payment of his claim., which is $18.00. I recommend that his claim be allowed in the sum of eighteen ($18.00) dollars, and that a warrant be issued payable to his order for said amount and delivered to him upon delivery to the City of a re- lease properly executed by him. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Russo moved t h a t the recommendation of City Solic- itor Kintzinger be approved and the City Auditor Instructed to draw a warrant in the amount of $18.00 in pavor of George Ellison, as set- tlement in full of his claim, and that said warrant be deliverrill upon receipt by the City of Du• buque of a properly executed re- lease. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. May 23, 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 April 1949, also list of claims and list of pay- rolls for which warrants were issued for the month of April 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 Russo. Carried by the following vote; Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. May, 23, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policy and de- sire to have your approval on same for filing; TAX6CAB Black & White, Yellow a n d Checker Cab Co., Inc. 410 Eighth Avenue. Policy No. LAC 3.1460 Fireman's Fund Indemnity Co. EXCAVATION Geo. I. Beeves, 2531 Windsor Ave- nue Western Surety Co. No. 218160 Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the bands be approved 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. May 23, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The terms of Msgr, J. M. Wolfe and of E. Marshall Thomas on the Planning and Zoning Commission will expire May 24, 1949. This is brought to the attention of the Council so that the member- ship of the commission may be provided for. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Russo moved that ac- tion be suspended on the appoint- ments until the next meeting of the Council and the City Manager instructed to ascertain from Mon- signor J. M, Wolfe and E, Marshall Thomas as to whether or not they desire to be reappointed. Seconded ii P~ ~. a28 Special Session, May 23rd, 1949 by Councilman Welu. Carried by the following vote: Yeas-Councilmen Russo, Thomp- son, Welu. Nays-Mayor Wharton, Council• man Van Duelman. May 23, 1949, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted are the min- utes of a joint meeting of the City Council and Recreation Commission held May 18, 1949. Also present were the City Solicitor, City Clerk and representatives of the press and radio. I recommend that this matter be incorporated into the Council rec- ord and that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG City Manager. MINUTES OF THE JOIN T MEETING OF THE CITY COUN- CIL AND RECREATION COM- MISSION HELD May 18, 1949. Present-Mayor Wharton, Coun- cilmen Russo, Van Duelman, Welu, City Manager Rhomberg. Recreation Commission represent- ed by City Manager Rhomberg, Chairman, Mayor Wharton, Mrs. J. C. Loosbrock, Frank A. Fluck- iger, Leo F, McDonough, Recrea- tional Director Hylda N, Luke. City Manager Rhomberg was se- lected as Chairman of the joint meeting by all members present. Chairman Rhomberg called the meeting to order at 4:50 P. M. and stated that the joint meeting was called by order of a motion adopted at the Council meeting of May 16, 1949, for the purpose of discussing playground problems, also to con- sider the protests submitted at the Council meeting of May 16, 1949 and which were referred to this joint meeting, namely: protesting to the increase in entry fees from $35.00 to $50.D0 for softball teams, to the lack of sanitary facilities at Comiskey and Rafferty fields, to the inadequate lighting at Comiskey Field, to the placing of sand and gravel as repairs on the playing fields and to the administration of recreation in general. The question of a legal defini• tion for the word "Juvenile" as it applies to recreation was taken up and discussed at some length, but no conclusion arrived at. The protests presented at the Council meeting of May 16, 1949 were taken up one by one and discussed at length, whereupon, Councilman Van Duelman moved that the following improvements and conclusions be adapted: 1. That the fee to be charged far the entering of a team in the soft ball league be placed at $35.00 per team, the same as last year, the City to supplement the balance needed for the services of umpires and score keepers. 2. The opening of toilet facilities at Comiskey Field when games are being played. 3. The placing of dirt to resurface the playing field at Comiskey Field. 4. The erection of fencing at Rafferty Field, said fencing to run approximately 225 feet northerly and 225 feet easterly of home plate. 5. The installation of toilet facil- ities in a shelter at Rafferty Field. Motion seconded by Leo F. Mc- Donough and unanimously adopted. The joint meeting then adjourned. Minutes of the joint meeting re• corded by City Clerk. Councilman Russo moved that the minutes oP the joint meeting of the City Council and Recreation Gommisaion held May 18, 1949 be incorporated in the Council records and that the action taken by the City Council at said joint meeting of .the City Council and Recreation Commission be confirmed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. E e i I` r i, Special Session, May 23rd, 1499 229 May 23, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The contract of the Wickes En- gineering & Construction Company far the construction of the Termi• nal Administration Building at the Municipal Airport and the contract of Horne & Williams for the elec- trical work in the same project have been completed in accordance with the plans and specifications. These units of work have .been inspected by the representatives of the C. A. A, and found completed. Therefore, I recommend the acceptance of these. two contracts on the part of the Council. Respectfully submitted, A, A, RHOMBERG, City Manager. Councilman Thompson move d that the recommendation of City ltiianager Rhomberg be approved. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Wharton, Council- men Rusao, Thompson, Van Duel- man, Welu. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. J. J. SHEA, City Clerk. Approved ....................... __, 1949. ' Adapted ............................. 1949. Councilmen { ...................................... Attest : ................................................ City Clerk. z3o Special Session, May 31st, 1949 City Council (OFFICIAL,) Special Session, May 31st, 1949. Council met at 7:30 P, M, Present -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu. City Manager Rhom- berg, Metting called by order of Coun- cilmen Thompson and Van Due]• man. 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 discussing the proposed consolida- tion of the Mid-Continent and Parks Air Lines as the same affects commercial aviation in Dubuque and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Welu. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Mr. John. A. Kerper, Secretary of Chamber of Commerce, and mem- bers of the Aviation Committee of the Chamber of Commerce, ad- dressed the Council with reference to the proposed consolidation of the Mid-Continent and Parks Air Lines as the same affects aviation in Dubuque and discussed at some length with the Council the matter of procedure to follow in t}re filing of a petition of intervention on behalf of the City of Dubuque in the matter of the application for consolidation of the Mid-Continent and Parks Air-Lines now pending before the C. A. B, Councilman Welu moved that the Mayor be authorized to sign a petition of intervention, on ,behalf of the City of Dubuque, Iowa, in the matter of the application for approval of an agreement by and between the Mid-Continent Airlines, Inc. and Oliver Parks Airport, Inc. now pending before the C. A. B. Docket No. 3782. Seconded b y Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. Notice of Claim of C. J. May in the amount of $56,13 for damages to his car caused in striking an open manhole in the 1700 block on Lincoln Avenue, presented and read. Councilman Van Dullman 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 Russo, Thompson, Van Duel- man, Welu. Nays-None. Maq 24, 1949 City of Dubuque City Hall Attn: Mr. A. A. Rhomberg Dear Mr. Rhomberg: The installation of the s e w e r from Lowther Street northerly on Windsor Avenue to Davis Avenue and thence westerly 149 feet has been completed by Thos. Flynn Coal Co, and the project has been accepted by the City of Dubuque. Thos. Flynn Coal Co, has furnished us with certificate relative to total cost of construction of said san• itary sewer, the original of which certificate we enclose herewith for filing with the appropriate office of the city in accordance with the terms of the ordinance authorizing the construction of this sewer. Kindly acknowledge receipt and oblige. Very truly yours, O'CONNOR, THOMAS & O'CONNOR By F. H, O'Connor. Councilman Russo moved that the communication be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Special Session, May 31st, t949 231 t CERTIFICATE TO THE CITY OF DUBUQUE, DUBUQUE, IOWA This is to certify that this com- pany furnished all the necessary material and labor for the construc- tion of an 8 inch sanitary sewer at and along Windsor Avenue from the existing manhole at Lowther Street northerly on Windsor Ave• nue to manhole at Davis Avenue and thence westerly 149 feet to existing manhole so as to connect with the present sanitary sewer serving the buildings of the Sisters of St, Francis of Dubuque, Iowa, all in the City of Dubuque, Iowa, and that the total cast for such material and labor was S e v e n Thousand Ninety-Four ($7,094.00) Dollars, which sum has been paid in full to the undersigned •by tfie said Sisters of St. Francis. Dated this 24 day of May, 1949. THOS. FLYNN COAL CO. By Thos. L. Flynn President. Councilman Russo moved that the Certificate be received a n d made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None: Communication of Lodge No. 60 Brotherhood of Railroad Trainmen with reference to the application of the Milwaukee Railroad to dis- continue the passenger train be- tween Dubuque and Green Island and advising that a hearing will be held on said application on June 8th, 1949 at the Dubuque Coun• ty Court House and stating that anything that the City Council can do to stop this move on the part of the Railroad Company will be appreciated, presented and read. Councilman Russo moved that the City Manager and City Solicitor be directed to attend the hearing and to enter protest if it appears that the interests of the City of Dubuque are adversely affected and to submit a report back to the City Council upon the developments at said hearing. Seconded by Coun- cilman Thompson, Carried by the following vote: Yeas-Mayor Wharton, Ccuncil• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Communication of The Key City Gas Company submitting annual report for the calendar year 1948, in accordance with Franchise stip• ulation, presented and read. Council- man Welu moved that the commu- nication and annual report ,be re• ceived and placed on file. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor Wharton, Counci]• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Communication of the Hawkeye Casualty Company submitting for filing the Powers of Attorney for J. R, Owens and R. M. Schuler granting them authority to ex- ecute fidelity and surety bonds on behalf of the Hawkeye Casualty Company, presented and read. Coun• Gilman Thompson moved that the communication and Powers of At• torney be received 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. Petition of Martha Marlin and others requesting that the present Fremont and Mt. Carmel north bound bus from Byrant Street to Delhi Street be continued, or a provision be made for some bus to run north on Grandview from Bry- ant School, presented and read. Councilman Thompson moved that the petition be referred to the City Manager to confer with the officials of the Interstate Power Company and to submit a report back to the City Council at the next meeting. Seconded by Coun- cilman Russo. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Councii• men Russo, Thompson, Van Duel- man, Welu. Nays-None. z3z Special Session, May 31st, f949 Petition of George Clancy re- questing that a refund in the amount of $50.00 be granted on the unexpired portion of the Class "B" Beer Permit No. 111 issued to George Deyoe, who pasesd away on May 28, 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 $50.00 in favor of the Estato of George Deyoe, or to a proper represent- ative, to cover the amount of re- fund granted on the unexpired por- tion of Class "B" Beer Permit 111. Seconded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of C. G. Hoffman rer questing permission to extend a sanitary sewer from the existing sewer on Windsor Avenue approx- imately 350 feet in an easterly direction on Davis Avenue, present- ed and read. Councilman Van Duel• man moved that the petition 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 Duel- man, Welu. May 25, 1949. Mr. A. A. Rhomberg City Manager.. Dubuque, Iowa Dear Mr. Rhomberg: At the meeting today the Com- mission approved your request of May 18 for permission to place and operate traffic signals at the intersection of Dodge and Locust Streets, which is also the junction oP U. S: Highway No. 20 and U. S. Highway No. 61 near the westerly end of the Julien Dubuque Bridge. In our conversation about this matter several weeks ago, I believe we were agreed that traffic coming from the bridge and turning right toward the .business district might be permitted to make that turn on a green arrow indication at least during part of the time that there is a red signal against the cross traffic. It is entirely possible that the green arrow might be used for some of the other right turns also. Also, there should probably be some traffic laving by paint lines, perhaps a little differently than those which have existed. I pre- sume that you will make a study of the entire intersection before deter- mining just what to do. If we can help on this, we will be glad to do do. Very truly yours, W. 0. PRICE, Engineer Safety and Traffic Nays-None. Communication of May Clark, Librarian, advising Council that the terms to Mr. F. R. Lacy and Rev erend Karl Schroeder, as members of the Board of Trustees of the Public Library, will expire July 1, 1949, presented and read. Council• man Van Duelman moved that Mr. F. R. Lacy and Reverend Karl Schroeder be reappointed as mem- bers of the Board of Trustees of the Public Library for terms of six years, said terms expiring July 1, 1955. Seconded by Councilman Welu Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson move d that the communication be received and made a matter of record. Sec- onded by Councilman Welu. 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 City Manager be author- ized to proceed with the installa- tion of Stop and Go lights at the intersection of Dodge and Locust Streets. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ali Il ~~ i i Special Session, May 31st, 1949 X33 May 31, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting held May 23, 1949 I was instructed to contact Mon- signor J. M. Wolfe and E. Marshall Thomas to ascertain whether they desired to be reappointed as mem- bers of the Planning and Zoning Commission. The results of my con- tacts with them are as follows: Monsignor J. M. Wolfe is willing to continue service as a member of the Commission but E, Marshall Thomas wishes to relinquish his membership due to the press of legal business. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson move d that the communication of City Manager Rhomberg 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. Councilman Thompson move d that Monsignor J. M. Wolfe be reappointed as a member of the Planning and Zoning Commission for a term of five years, said term expiring May 24, 1954 and also that Mr. John F. Carroll be ap- pointed as a member of the Plan• ning and Zoning Commission for a term of five years, said term expiring May 24, 1954, Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. May 31, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Nellie Tucker referred to me for investigation and report, on or about May 1, 1949, claimant while stepping from the sidewalk to the street at the corner of East 15th and Maple Streets, tripped and fell in the street receiving an in- jury to her arm, which required medical care and X-ray pictures. Claimant lost a week's time. Her actual expenses were $1fi.00. She has agreed to settle this claim for $16.00. I recommend her claim be allowed in the sum of $16.00 and that a warrant be issued for that amount payable to her order and the same be delivered to her 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 $16.00 in favor of Mrs. N e 11 i e Tucker, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Resolution No, 136.49 MAINTENANCE OF PRIMARY ROAD EXTENSIONS BE IT RESOLVED by the City Council of the City of Dubuque, Iowa. 1. That pursuant to the provi• sions of Sections 4755.21 and 4755.2? of the Code of 1939, we hereby approve and consent to the main- tenance of all primary road ex- tensions within said city of Du- buque by the State Highway Com- mission, as herein after set Yorth. 2. That the approval and consent herein given for the maintenance of said primary road extensions within the city of Dubuque is based on the assumption and understand- ing that said maintenance to be done by the State Highway Com- mission will .be paid for by the State Highway Commission out oP 234 Special Session, May 31st, 1949 the primary road fund, and that no charge will be made against the city of Dubuque on account oY such maintenance performed or to be performed by the Stata High- way Commission on the said pri• mart' road extensions within the said city of Dubuque. 3. That the maintenance to be done by the State Highway Com• mission on the primary road exten- sion within the city of Dubuque shall include the usual surface maintenance, roadbed repairs, re- pairs to bridges, culverts and guard rail, and other maintenance usually performed on primary roads out• side of cities and towns. That on streets or portions of streets which are curbed, the maintenance, ex- cept snow removal, shall extend Yrom curb to curb. That the main- tenance of such primary road ex• tensions shall include plowing the snow from the full width of the pavement or other surfacing, pro• vided that it the pavement or other surfacing is more than thirty feet in width, then the Highway Com- mission will plow the snow from a traveled way only about thirty feet in width. 4. That the maintenance of such primary road extensions by the Highway Commission shall not in- clude (a) The loading and hauling away oP snow which i s plowed oft the side o f the traveled portion o t the roadway. (b) The sprinkling o f t h e streets. (c) The sweeping of t h e streets. (d) The maintenance or re- pair of any sewers, water pipes or other services under the traveled surface of the roadway or any costa incident thereto. 5. That this resolution and the terms thereof shall become effec- tive upon the approval and accept- ance thereof by the Iowa State Highway Commission and shall be in eftect until July 1, 1954 except that the resolution may be rescind- ed by the city at the end of any fiscal year, ending Julp 1st. Resolution approved and adopted by the city council oP the city of Dubuque, Iowa, this 31st day oY May, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. SHEA City Clerk. Resolution approved and accepted by the Iowa State Highway Com• mission on the 27th day of Sep• tember, 1949, ROBERT KEIR, Chairman. 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. CONTRACT Primary Road Extension Maintenance This written memoranda of a- greement made and entered into by and between the City of Du- buque, Iowa, Part of the First Part and the Iowa State High• way Commission, Ames, Iowa, Part of the Second Part. WITNESSETH: In consideration of the perform- ance by the Party of the First Part, of maintenance work spec- ified below during the period July 1, 1949, to June 30th, 1950, Second Party agrees to pay First Party, the amounts stipulated herein, Party of the First Part agrees to perform for the Party of the Second Part, all routine mainten• ante operations in the City of Dubuque on extensions of primary roads specifically described as fol- lows: All extensions of Primary Roads in the City of Dubuque ex- cept the south 0.49 miles of U. S. No. 61 and the west 0.65 miles of U. S. No. 20. Total Miles 7.05 at $300.00 per mile. Total Routine Maintenance $2,295.00. It is understood that "rcutine maintenance operations" shall in- ~r s ~. ~~ ~ i i .gJ •' 8 Special Session, Nfay 31st, 1949 _235 clude surface maintenance, road bed repairs, repairs to bridges, cul- verts and guard rail, weed cutting, snow plowing, and other main- tenance usually performed on pri- mary roads outside of cities and towns. Routine maintenance of pav- ed streets shall extend from curb to curb. Snow plowing included in routine maintenance will apply to a width of approximately 30 feet. The hauling and disposal of the snow plowed from the 30-foot sec- tion is not included in this contract. Party of the First Part further agrees to perform special main- tenance work for the Party of the Second Part on the above desig- nated extensions. This special main- tenance work is specifically des• cribed as follows: Snow removal and sanding of hills will be per- formed as routing maintenance. Any other special maintenance will be covered by supplementary con- tract. Total Special Maintenance-None. Total Contract Amount $2,295.00. In Witness Whereof, the Parties hereto have set their hands, for the purpose herein expressed, on this 31st day of May, 1949. Dubuque, Iowa, By Albert Whar- ton, First Party, Mayor. Iowa State Highway Commission By, Sanford Zeigler, July 5, 1949. Chairman. Recommended for A p p r o v a l June 22, 1949 R. M, Tutton Asst. District Engineer. Councilman Russo moved that the Mayor be authorized to execute the contract on behalf of the City of Dubuque, Iowa. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. RESOLUTION N0. 137.49 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the manager is directed to issue such permit on behalf of said City. None Address Donald E. Wertz, 630 Main Street BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved this 31st day of May, 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 N0. 138.49 WHEREAS, applications for Close "B" Beer Permits have been sub- mitted to this Council far approval and the same have ,been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun• ci] of the City of Dubuque that 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 Kathleen Dahl, 678 Central Ave. Dell Warren and Ralph 1Varren, 1700 Central Avenue Passed, adopted and approved this 31st day of May, 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- a36 Special Session, May 3rst, 1949 onded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None men Russo, Thompson, Van Duel• man, Welu. Nays-None. Approved ............................. 1949. Adopted ............................. 1949. RE50LUTION N0. 139.49 WHEREAS, heretofore applica• lions for Class "B" Beer Permits were filed by the within named applicants and they have receivd the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dmbnque that the Manager be and he is hereby directed to Issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Name Address Kathleen Dahl, 678 Central Ave. Dell Warren and Ralph Warren, 1700 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved this 31st day of May, 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 move d the adoption of the resolution. Sea onded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Russo. Carried by the following vote: Yeas-Mayor Wharton; Council- 7ouncilmen: { .................................... I I Attest : .............. ................__ . Clty Clerk. jll i