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1949 August Council Proceedings374 Regular Session, August 1st, 1949 RESOLUTION N0. 208--49 Whereas The Council of the City of Dubuque caused to be prepared and published, as provided by law, the Budget Estimate of Expendi- tures for the fiscal year beginning April 1, 1950 and ending March 31, 1951 and the hearing upon said Budget Estimate was fixed for the lst day of August, 1949 at 7:30 at the Council Chamber in the City Hall; and Whereas, This being the time for said hearing, said Budget Estimato was taken up Par final considera- tion by the Council and all parties in interest have been given the opportunity to be heard for or a- gainst said Budget Estimate. It is Therefore Resolved by the City Council of the City of Dubuque, Iowa: That the Budget Estimate of Ex- penditures for the fiscal year begin- ning April 1, 1950 and ending March 31, 1951 heretofore prepared and published be and the same is hereby finally approved and adopt- ed and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with the verified proof of publication and the notice of hearing upon said Budget Esti- mate. Be It Further Resolved, That the taxes required to be collected in the year 1950 be and the same are hereby levied in the various funds in the amounts in said Bud- get Estimate. Passed, adopted and approved this 1st day of August 1949. ALBERT WHARTON ,. Mayor FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Council Van Duelman moved the adoption of the resolution. Second- ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None, Absent -Councilman Thompson. RESOLUTION N0. 209--09 A resolution establishing the tax levies for the year 1949 the taxee to be collected in the year 1950 and used for municipal purposes of the City of Dubuque. Be It Resolved by the City Coun• cil of Dubuque that there be and there is hereby levied the taxes for municipal purposes for the en- suing year 1950 of the following number of mills on the dollar of all taxable property within the cor- porate limits of said city. 10.250 mills for Consolidated Tax as provided by Section 404.11 of the Code of Iowa, 1946 as amended. 4.500 mills for Fire Maintenance Tax. 0.375 mills for Fire Equipment Tax, 1,229 mills for Library Tax 1.000 mills for Park Tax. 0.500 mills for Playground and Swimming Pool Tax, 0.750 mills for Playground Im• grovement Tax. 0.693 mills for Police Pension Tax. 1.159 mills for Fire Pension Tax. 0.237 mills for Police Retirement Tax. 0.317 mills for Fire Retirement Tax. 0.280 mills for Employees Retire- ment Tax. 1.550 mills for General Bond Tax. 0.500 mills far Dock Fund Tax. 1.000 mills for Airport Tax. 0.248 mills for City Assessment Tax. Be It Further Resolved that the 2.479 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or horti- cultural purposes. Be It Further Resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce, as shown by the Bud- get Estimate of Expenditures, a- dopted by this Council on the 1st day of August, 1949 to the Auditor of Dubuque County on or before August 15th, 1949. Regular Session, August 1st, 1)49 375 Passed, adapted and approved by the publishers, oY notice of pub- this 1st day of August 1949. lic hearing upon the proposed An• ALBERT WHARTON nual Budget prepared by the City Mayor Manager of the City of Dubuque, FRANK VAN DUELMAN Iowa, for the fiscal year beginning ROMOLO N. RUSSO April 1st, 1950 and ending March CLARENCE P. WELU 31, 1951, presented and read. No Councilmen written objections filed from tax• Attest: J. J. Shea. payers and no objectors present in City Clerk the Council Chamber at the time Councilman Russo moved the a- set for said hearing, Councilman doption of the resolution. Seconded Van Duelman moved that the proof .by Councilman Welu. Carried by of publication be received and filed. the following vote: Seconded by Councilman Welu. Yeas -Mayor Wharton, Council- Carried .bY the following vote: men Russo, Van Duelman, Welu. Yeas -Mayor Wharton, Council- Nays -None. men Russo, Van Duelman, Welu. Absent -Councilman Thompson. Nays -None. Proof of publication, certified to Absent -Councilman Thompson, OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREP.-.RED BY THE CITY MANAGER OF THE CITY OF DUBUQUE, IOWA, FOR 7HE FISCAL YEAR 1950.1951. Notice is hereby given that the City Manager of the City oY Dubuque has prepared a budget on the basis of estimates of the expenses oY the various de- partment of said City for the tlscal 3'ear beginning dpril 1, 1950, and ending March 31, 1951. Such de- partmental estimates show expenses of each depart- ment for the preceding year, and the purpose for which the consoiidated tax levy, authorized in Section 404.11 of the Code of Iowa, 1946, as amended, is to be used, and in addition thereto, the purpose for which all other tax levies are to be used, including the revenues from miscellaneous sources, The levy of a consolidated tax has heretofore been determined by said Council and incorporated in a resolution for such purpose. The budget will be considered for final adoption by the City Council at a special meeting to he held in the Council Chamber at the City Hall on the 1st day of August, 1949, at 7:30 o'clock P.M. Any interested party objecting thereto or protesting to the same, or to any item thereof or any omission therefrom, shall present his objections to said Council on or before that date. This notice is given pursuant to the direction of the Code of Iowa, J.J. SHEA, It July 2D City Clork ANALYSIS OF TAX LEVIES TO BE MADE IN AUGUST, 1949, FOR THE FISCAL YEAR 1950.51 ESTIMATED ASSESSED VALUATION->f43,750,084 SOURCES OF REVENUE FOR 1950.51 FISCAL OPERATION A.-From Taxes Levy in Funds- Mills Tax Consolidated _ .............._-._.._...-..-.._.______10,250 ;438,250.00 Fire Maintenance ...._.,..._.._._ 4.500 192,402.00 Fire Equipment _....-__......._._.....~._ 0.375 16,034.00 Library __................._....___.._...__.__..._~ 1,229 62,647.09 Park ,.,.---- ....................-_.-.._.._..._..-----._ 1.000 42,756.60 Pla3`ground and Swimming Pool ____ 0.500 21.378.06 Playground Improvement .-.._.--.__.._.. 0.750 32,067.00 Fire Pension .........._...-__.._........_..__...~.._ 1.159 49,564.~i0 Fire Retirement __.__-.._._...._.,..__ 0.317 13,554.00 Police Pension .-. _.. _.__.__ ~ 0.693 29,630.00 Police ReUrnment ...-...._._......-'_~ 0.237 10,133.00 Employees Retirement ...______..~ 0.290 11,972.00 Dock ........_..._..._....._„--.-------~-_.._..._ 6.500 21,378.00 General Bonds ....__-__..,.__-._....1.550 06,272.00 Airport _..-..._...._..-.._......~_.~..-_ 1.000 42,756.00 City Assessment ._..,.___~.-_.._._ A248 10,609.00 24.688 $1,051,287.00 Road Tax on Agricultural Lands (Consoli- dated Fund) ........_.._._........-.._..____....___. 100,60 Library Tax on Agricultural Lands (Library Fttnd) -_...._......._..-.....-...-_._.___......._.,____ 100.00 il1,051,48T.D0 „. ~ 376 Regular Session, August 1st, 1949 B.-From Misoellaneoua Sources Genera l Miscel. Revenues Business Llcenaee ____._....M...-..__._.._-._$ 4,SOO.CO Dog Licenses _......._,......_._..______. __._._. 500A0 Building Permits ................_._._._.._.-......___ 3,5ri6.00 Plumbing Permits ~____..._._.__.___._.- 2,'150.00 Electrical Permits _..........._._.._._.___....___,.____.__ Z 75D.00 Police Court Fines and Costs __-.____._.__.,.___ 30,000.GO Beer Permits ...._._......,._..___..._........_._..__....___._.__ 35.WD.UO Cigarette Permits .................__...._.____..__._ '15,040.60 Street and Garage Receipts ___.~_....._..__._ 3,OOD.00 Dieting Prisoners .~.....~.....__________....__ 500.00 Miscellaneous Rents _...._._._......._~....___~ 755.C0 Miscellaneous Sales .__.._._..__.__.__~_____._. 25D.G0 Ambulance Receipts .___.. ____....~..~__...._ 4,500.00 Health Dept. Receipts _._....___.______..___._ 500.00 Bicycle Registration .._._._ -....._~__...~.~ 70D.00 Sale of Rea] Property ____.___.____.-_..__.._ ];OOP.00 State Highway Maintenance ~_.._.....-_ 2,295.00'. --. Total _,......._......._..__.._._..._......._.._......_..__.__.._$117,500.D0 AIRPORT FUND Airport Returns .,..__...........___.__...___.____......_._._$6,000.00 FIRE MAINTENANCE FUND Outside Flro Protection __.._......_...._..............__....._,...._$ 1,000.00 FIRE EQUIPMENT FUND Estimated Unencumbered Balance April 1, 1950 $ 30,000.00 LIBRARY FUND Book Rentals and Fines _..._ ..................._..._...._.._.__.....$ 2,500.00 PARKING LOT FUND Estlmated Unencumbered Balance Aprtl 1, 1950 $ 16,500.00 PARKING METER FUND Estlmated Unencumbered Balance April 1, 1950 $100,006A0 Meter Collections ___..._,._.._._._.___._.._._......_.._ 6D,OOO,OU Total ~____._.._..__............---......._..._.....,__....._..._$160,0')4:00 PARK FUND Estimated Unencumbered Balance April 1, 1950 $ 2,500.90 Concessions _....__.._....__..._......_.__._..__.._...:....__.....-,. 600.40 Miscellaneous Collections ...._...____...._.._...__.___._ 300.00 Total .._........._..,........._...._........_.._...._.._..._......__._..~_...._.._$ 3,300.06 PLAYGROUNDS AND SWIMMING POO L Swimming Pool Receipts _____..~._.....__..__$ 3,600.00 Skating Receipts ___...____.._.._____......_..._ 260.00 Miscellaneous Receipts ~~...~....- 75.00 Total ' POLICE PENSION FUND 1% Salary Deduction from Members ___..........._._$ 400.00 POLICE RETIREMENT FUND Income from Bond Interest ..._...._.._._.__._._.._.._...~ 875,OOI FIRE PENSION FUND ly'o Salary Deluction from Members .._.._......_..._...$ 4x11.001 FIRE RETIREMENT FUND 0 Income from Band Interest .. __............_..._..._.._.._.._....$ 1,402.5 DOCK FUND Estimated Unencumbered Balance April 1, 1950 $ 9,857.00 Oil Terminal Lease _.._..._..__._....___..._...__......__.._.._._ 2,200.00 VirginialCarolina Lease ~_.-._......_..__._.~ 2,100.00 Dock House Lease ...._..____._.......___.__.__~ 1,890.00 Harbor Lease .................._~...._..._..,__.--_-- 300.00 Wharfage Fees ...__. ~.._....._-._..__,.. 1,000.091 $ 12,357.00 BONDED DEBT FUND Estlmated Unencumbered Balance April 1, 1950 $ 10,600.00 STREET CONSTRUCTION FUND Estlmated Unencumbered Balance April 1, 1950 $ 60,000Ap Receipts Prom Gas Tax ...._..__..__T_.~....___. f,9,000.00: Total _.._..._...._..._...._..._.._..__.._....._.~.._.._.....__...__._....$118,000.OD LIQUOR SALES FUND Estimated City Share _ ............._..._._....._..._.._..._.-__..$ 96,OOD.00 Total Estimated Misc. Revenues and Un- encumbered Bal. __._..__..._.......___.____.__$ 551,169.50 Total Estimated Receipts from Tazea .__..-. 1,051,987A0 TOTAL ESTIMATED CITY REVENUE _......._$1,662,656.50' WATER WORKS DIVISION (Seif•Supporting) ~atlmated Unencumbered Balance April 1, 1950 $ 75,000.UO Estimated Water Revenue _..-.••.------- 235,620.(`0 Total .___-- ._.... __.__..$310,520.40 Regular Session, Au;ltst 1st, 1949 377 ESTIMATED GRAND TOTAL CITY, AND WATER WORKS DIVISION REVENUES $1,913,176.50 DETAILED DISTRIBUTION OF PROPOS ED EX• PENDITURES FOR FISCAL YEAR 1950.51 GROUPI-GENERAL ADMINISTRAT ION (Consolidated Fund) proposed Ite m 101~City Council 1949.50Ap- lOSD-51Ap- propriations propriatlona A. Salaries _.__.._...._.-...._.. _._....$ 1,506,00 $ 1,500.00 B. Travel ...._..._.._.__.__._._____..__...... 175.00 175.00 J. Miscellaneous _.. __._..._...._...__ 20.00 25.00 Total ......._......_........._..._ .....................$ 1,700A0 $ 1,700,00 Ite m 102-City Manager's Office A. Salary City Manager _...._..._..._....a$ 9,000.00 '$ 8,000.06 A. Salary Secretary ._....._._............... 3,270.96 3,270.9fi A. Salary Stenographer _.._.....__ 2,314.62 E,314,02 B. Travel .._...,..__.__._...._.._.___.._._ 250.00 150.00 C. Office _...____.__.._..._.._....._.._.__ 125.00 125.00 j D. Printing ~.._...___...._._._.._....... 75.00 75.90 j F. Maintenance ____._......__._._.... 200.00 200.40 ~ G. Material and Supplies _.._..__ 325.00 325.00 Total _.......__,........_...__.........._....._...._._$ 15,560.58 $ 15,660.58 Ite m 103-City Clerk's Office A. Salary City Clerk _._......__....._.......$ 3,991.68 $ 3,991.68 A. Salary Extra Help _.._...__._._ 150.00 156.90 G. Material and Supplies _._.........._. 75.00 75.60 Tota] ........_......_...._.........,.....__._...._...$ 4,216.68 $ 4,216.68 Ite m 104-City Auditor's Office A. Salary City Auditor _..._..._......._~$ 2,941.79 '$ 2,941.79 A. Salary Clerk ...._....._....._....._...__ 2,000.00 2,000.60 F. Maintenance ...._.._..._.._...._ _._..__ 50.00 50..00 G. Material and Supplies _..___.._ 200.00 200.00 Total ___..._..._.._........._._.._ ............. ._.._.$ 5,191.79 $ 5,191.'(9 Ite m 105-City Treasurer's Office A, Saiary City Treasurer ..............."$ 2,889.31 '$ 2,889.81 D. Printing and Advertising _.._ 25.00 25.60 F. Maintenance ..._ ..................._.~ 25.00 25.00 G. Material and Supplies ___ 150.OD 150.00 I. Surety Bond _...____......___..____ 100.OD 100.01 Total _...._........_......._._.,_..__...._..._...._.._$ 3,189.81 $ 3,189.81 '(Note: 25% of salaries of City Manage r, Clty Auditor and Treasurer are Paid by Water Dept.) Ite m i06-City Solicitor's Office A. Salary City Solicitor (part timei _..__..._.._.._..._.._.._.._..,._.._.$ 5,742.OD $ 5,742.00 B. Travel ._..._............_....._._....._....._...__._ 40.00 40,00 C. Office _._.....___...__. ...............__..._.... 40.00 90.00 G. Material and Supplies __.____ 35.00 83,00 Total _..........._........._._._..._...._..._.._$ 5,907.00 $ 6,907.00 Ite m 108-City Assessing J. City's Share _......._.__........_..._..._......_$ 10,606.00 $ 10,604:00 ($10,604.00 paid from City Assessment Fund as provided by S.F. 4G Acts of 62 G.A.) Ite m 109-Civil Engineer's Office A. Salary Engineer _.._.._..._...___.......$ 4,158.00 $ 4,158.90 A. Salary Assistant ...._.._..__._.._..._._ 3,465.00 :+,465.00 A. Salaries Rodmen _..-___.._..._.. 8,820,00 3,820.00 C. Office ._.._..._ ..................______._._ 100.OD 1.06.00 E. Equipment __._._.__.._._.__..__.... 200.00 200.90 F. Maintenance _..,._ .............__..._...___.... 500.00 1,700.OC G. Material and Supplies _.___._.... 500.00 50D.iu1 Total _...._..._........_.._...._......._..__.__.._....$ 17,743.00 $ 13,943.00 Ite m 113-City Elections A. Salaries Clerks, etc......._..._.....$ 500.00 $ 500.90 G. Material and Supplies __._._ . 400.00 400.00 J. _..._..._..._........_.. _. _........__.._._ Rents 50.00 56.00 Total ._......_......_ ........................____...$ 950.00 $ 950.00 Ite m 114-City Buildings A. Salaries Janitors $ 4,726.00 $ 4,725.00 E. Equipment ...._.._ ._.__~_.__ 1,000.00 1,000.00 F. Maintenance and Repairs _. 2,500.00' 2,600.00 G. Material and Supplies ..._.._.__ 1,000.00 1,000.00 H. Heat and Light ........._..~__ 1,800.00 1,800.00 Total ._........: .................._..__.-.-.-._.$ 11,026.00 i 11,026.00 Ite m 115-Police Court A. Salary )SOliee Judgli .........,~..$ 2,257.E0 $ 2,267.20 G. Material and Supplies ~._.... 16.00 15.00 Total ..,.__.._........_ ..............._........_....._$ 2,272,20' $ 2,2".8.20 Ite m 116-Ch:il :=rvics Commissio n G. Material and Supplfss ....._.._..$ 100,00 $ 100.00,' 37g Regular Session, August tst, 1949 I J. Mlsceilaneove .~ 100.00 SOO.ODI Total _..-_ ....................................._...__$ 200.00 $ 200.00 SUBTOTALS GROUP I- GEN• ERAL ADMINISTRATION ___$ 7R,582.06 $ 79,760.06 (Co neolldated Fund-$69,156.06; Cit y Assessm ent Fund-. $10, 804.00) GROUP II-PROTECTION OF LIFE AND P ROPERTY' Item 118-Police Department (Consolidated F und) Proposed, 199 9-50 Ap- 19b0-51 An• propriations propriations A. Salary Chiet of Police ....__._...$ 4,296.60 $ 4,298.60 A. Salary Senior Captain ._..__.._ 3,492.72 3,492.72 A, Salaries Captains (3) ._. _ 6,431.04 3,546.56 A. Salaries Des Sergeants (3) - 9,521.82 3,b21.82 A. Salaries Detectives (4) ..._..._._ 12,529.44 12,529.49 A. Salaries Motorcyclists (2) ... 6,098.40 6.098.401 A. Salaries Patrolmen (after 3 yrs.) (27) ..._..._ __.._._ ._._ 70,852.32 7B,708.56~ A. Salaries Patrolmen (before 3 I yrs.) (2) ....__....__..__..___.._... 5,571.72 5,671,72 A. Salaries Patrolmen (during 1st yr.) (3) ._.._.._.._.._._..- 7,567.56 7,587.58 A. Salaries Matrons (2) ...._.y.. 5,045.04 5,045.04 A. Salaries SAecia] Officers _.__ lOD.00 100.00 B. Travel ................_.._..........__.~_ b0.00 50.J0 C. Office ......_....__..__.. _ 275.00 275.00 D. Printing .._ ....__._._ 150.00 150.00 E. Equipment _____ 3.500.00 3,500.00 F. Maintenance ......._.....___~...._ 2,800.OD 2,800.00 H. Material and Supplies ,.~_ 2,000.00 2,000.00 J-1 Feeding Prisoners ...___....._. 1,500.00 1,500AU J-8 Miscellaneous (injuries) ~.... 300A0 306.00 Total _._....__.___..._.....__...$142,081.68 $154,153.72 (Consolidated Tax-$94,956.72; Liquor Saes Fund -$59,197.00) Item 119A-Fire Department Main tenance F und A, Salary Fire Chief ........_._...._.._.__$ 4,296.60 $ 9,296.60. A, Salaries Senior Captains (2)_ 6,98594 6,985.441 A, Salaries Captains (5) ___..___._ 16,077.60 16,077.60 A. Salaries Lieutenants (7) ___._ 21,344.90 21,344.90 A. Salaries Engineers (4) ___._... 12,196.80 12,196.80 A. Salaries Firemen (after 3 yrs.) (33) _-..._.....__.._......_.. 97,421.94 91,421.94; A. Salaries Firemen (during 3 Irs.) (7) _...._.._..._.._._.._....... 19,501.02 19.501.02: A. Salaries Firemen (during 1st yr.) (3) ...._...._.__.___.._.. 7,567.56 7,567.561 B. Travel .__.._.__._._-_._.__ 50.00 50.40' C. Office _.__.._._.._..____.___ 650.00 650.90 D. Printing --, •_....._. -___ 35.00 36.40'' F-1 . Maintenance _......._.._.__....__ 3,750.00 3,750.00'. F-2 . Repairs to Buildings .._..__ 3000.00 3,OOD.04 G. Material and Supplies ~_ 2,700.00 3,700.09 H. Heat and Light _.__.._..._-..__ 3,000.00 3,000.00,, I. Insurance _.._........._.._....._..~.._ 400.OD 400 OU J-1. Miscellaneous (injuries) _. 900.00 900A4 J•2. Interest on Warrants __..- 60.00 60.90' J-3. Reserve for Emergency ~ 268.64 268.64 Total _.__.__..__.__._.__._..___.$200,205.00 $804,205.00 (Fire Matntenance Tax-$192,402.00; Bala nce and Misc. Revenue-$1,OD0.00; Liquor Sales Fund- $6,803.00) Item 1196-Fire Equipment Fund ! E. Equipment ___~___.. .$ 55,434.00 $ 46,084.491 (Fire Equipment Taz-$16,0 34.00; Unencum- bered Balance-$30000.00) Item 120-Fire and Police Alarm ( Consolidated Fund) i A. Salary Clty Electriclana ~.$ 2,966.04 $ 2,966.04 A. Salary Extra Help ...._....__- 2,205.00 8,205.00 -c. ottlee _.. _..._._ ._. loo.oo loo.Do E. Equipment .._-- 150.00 16U.OO F. Maintenance .._._..-.-. 150.00 150.OOi f#. Material and Supplies - 200.00 200.00' ~ E. Heat, Light and Power _.- 100.00 100,U0 Total .-_.._._._._.-___.___.._.$ 5,871.04 $ 6,871.04 Item 121- Building Oommleeloner'e Office (Con• aolidated Fund) A. Salary Building Commissioner $ 3,780 $ 3,T80.00~ C. Offtae _~_.___._ 25.00 25.OOj F. Maintenance _..-... .... 150.00 Ib0.901 ! Q. Material and tupplies ....~. 106.00 100.00 ~ Totail -.~....._..----i 4,Db6.D0 $ 4,055.00 Regular Session, August 1st, 1949 379 Item 122-Plumbing Inspector's Office (Conaolldatad Fund) A. Salary Plumbing Ispector.._._.$ 3,492.7E $ 3,992.72 C. Office ..._ 26.00 26.00 D. Printing .,..___ ~_.._~_.~~ 15,OD 16.00 G. Material and Supplies _..~ 60.00 60.00 J. Plumbing Board _.._._.-~ 180.00 180.40 Total _......__....._...._._._._~,._._.._$ 3,762.7E $ 3,782.78! item 1'LS-Electrical mapeoROwa urnce lconeou• dated Fund) A. Salary Electrical Inspector ....$ 3,992.72 $ 3,492.72; ~C. Office .,_..._......_._____._~.____ 25.00 ' 25.00', D. Printing ....._.._._....___... _ 15.00 16.6Dj F. Maintenance ..................._....- 176.00 175.00' G. Material and Suppllea .._.._. 100.00 . 106.ODi Total .............._..._._......_.....___...-._..._..$ 3,80792 $ 3,807.78 Item 124-Dog Pound (Consolidated Fund) ; J. F~nforcement Dog Ordinance,.$ 900.00 $ 900.00'. !SUBTOTALS GROUP II, PRO- TECTION OF LIFE AND PROPERTY .__..._.._..__._.._..._.._.__.,.$416,117.14 $418,786.20 GROUP III-HEALTH AND SANIT ATION (Consolidated Fund) Proposed 1949-50 Ay- 1960-51 Ap- propriations Item 125-Health Department propriations j Salary Director (part time)__$ 2,666.40 $ 2,666.40 A. Salary Sanitary Inspector .- 2,939.36 2,439.36 A. Salary Clerk and Registrar_._ 2,259.18 2,259.18 A. Salary Restaurant Inspector_ 2,016.00 2,016,00 A. Salaries Nurses (4) ____.._ 10,803.87 10,803,87 A. Extra Help ____......~_ 1,829.52 1,829.62 'B. Travel __....,,_._____~ 50.00 6J.00; C. Office -~__ .._ 150.00 160,00; D. Printing _...._._ 50.00 60.00 E. Equipment _.......__......~. 50.04 50.00 F. Maintenance ._ __._ 900.00 900.90 G.Material and Supplies 800.OD 900.00 J•1. Laboratory Expense 400.00 400A0 Total __......-...__.___....._~.$ 24,514.33 $ 24,614.33 Item 128-Control of Contagious Diaeaaes J, Control of Contagious Dis- eases ...._....____~..___$ 1,200.00 $ 1,200.00 Item 127-Sewer Maintenance A. Wages __._____..___~$ 18,375.OD $ 16,375.00 E. Equipment _......_._...._ 740.00 706.00 F. Maintenance _ .~. 1,200.00 1,200.40 G. Material and Supplies _~ 600.00 800.00 H. Power for Sewer Pumps _... 1,660.00 1,b00.OP Total .....__._.__..._...._.._.._......_$ 22,376.00 ; 82,375.OOI' Item 128-Garbage Disposal J. Contract for Garbage Collec- tion and Disposal _....__...$ 24,000.00 $ 38,OW.DO Item 129-Milk Inspection A. Salary Milk Inspector _j 3,381.84 $ J,361.34 E. Equipment _.._...._......_.ti.. 160.00 180.00 G. Material and Supplies _._, 100.OD 100.00 Total _..___.___..._.._..__..___...r$ 9,641.84 $ 8,641.84 SUBTOTALS GROUP HI- HEALTH AND SANITA- TION _..._ ................__._.._.._._._..$ 75,731.17 $ 87,731.17 GRGOUP IV-HIGHWAYS AND STR EETS Proposed 1949.50 Ap- 1950.61 Ap- propriationa propriations Item 131-Highways Administration (Consolid ated Fund) A. Salary Timekeeper ___..._$ 3,492.72 $ 3,492.72. A. Matntenance ..__.._ .._ 100.00 100.00; G, Material and Supplies ...r 150.00 150.00 , Total ._..._._...._._...._....._....._ .............---.$ 3,79292 $ 3,792.71 Item 132-Street Repairing and Grading A. Wages Laborers .___~$ 28,875,00 $ 28,875.00 E. Equipment ._...._...._...,.__ 6,OD0.00 6,OD6.04' F. Maintenance .._......._..._......_ 5,000.00 5,000.00 G. MaterOta] and Supplies ^ 35,OD0.00 35,000.00 J. Grading _._.__........_......_- 8,000.40 8,000.00' Total _._....._..._._.._...-._...._~__..$ 82,875.06 $ 82,675.00 (Consolidated Fund-$33,706.00; Street Co nstruc- tion Ft4nd--$49168,00) 38o Regular Session, August 1st, 1949 ---- Item 135-Street Construction Fund 00 831 $125 ~ $ 08,831.(k9~ . , J. Street Construction .._......._..._..._. Item 133-City Gard9e (Consolidated Fund) 00 500 00 500 $ 10 A, . Salaries Mechanics _._.---..-.$ 10, 00 75 , . 75.00 C. . Office ____._..._....____._.___~ - 600.00 5UOAO F,. Equipment _-.._.__..____ 00 ' 400 400.00, ~,, G. ~ _. . amtenance .-------°-- 2 325.00 Material and Supplies ---_.• 2,325.UUI 00' 2 000 H. Heat, Light and Power .._~ 2,000.00 40 50 . 50.00 I. . Insurance _.._.._........._,._..._..._...._.___ Total $ 15,950.00 $ 15,850.00 d Can Collections (Consolidated Fund) 4 A h Ite A an - s m 19 Wages Drivers and Laborers.-$ 21,000.00 $ 21,000.OD~ . F. Maintenance __......:_..._.._......__ 1,400.00 00 200 1 1,400.00, 200.00' 1 G. . , Material and Suppitea ~-__ , Total __,....__._.._...._._...._....-....__..._.......$ 23,600.04 8 23,600.00. Item 138-Street and Traffic Signal Lighting (Cpnaolid;fed Fund) ' H. Street Lighting and Traffi $ 40 500.00 $ 4D,500.fA , Signals _..._...._..........._........_..__._. -Street Cleaning (Consolidated Fund) Item 140 A . Drivers and Laborers.; 16,800.00 Wages $ L6,800.UD , . E. Equipment ....____..___...__....._._ 1,000.00 500.00 3 1,000.00 3,500.00 F. G. , Maintenance ---. ---••---•- Material and Supplies .--- •~- 3,500.00 3,500.00 24,800.00 Total ---..._.._.......__ ..............__._.._.._...$ $ 24,600fi0 ItEm 141-Snow Removal (Consolidated Fund $ ) $ E 1000.00 Equipment -. -- - 1900.04 . F. Maintenance .___ .----- 3,000 00 000.90 3 G. Material and Supplies ._._..... - , ___i Total ._. _...___ _$ 14,400.00 $ 14,400.00! SU BTOTALS GROUP IV-HIGH- WAYS AND STREETS __..._..$331,b98.72 $274,599.72 GROUP V-LIBRARY Ite m 143A-Library. Fund and Miac. Library RP roiwaed 1999-50 Ap- 1950.51 AP- ' propriations propriations A. A. _-_,,.,........_._._ 3,465.00 Salary Librarian $ Salary Reference Librarian - 2,702.76 $ 3,600.00'. 2,832.00, A. Salary Cataloguer ......._.._.._...___ 2,474.04 20 155 2 i Lib 2,604.00,, 289.04 2 A. A. . , an .._. rar Salary Juvenile Salary Circulation Head (part time) ....__......___......._... 1,576.80 , _ 1,670.00 A. Salary School Librarian ........_ 1,380.00 ],644.00 A. Salary Asst. of Circulation 20 2 155 _ 2,280.00 A. , . _._......,....._ ...................._. Head _. Salaries GQnera] Assistants (3) 6,537.28 4,130.00, A. Salary Caretaker _...._._......._..__ 2,529.00 2,640.00 A. Salary Extra Help __--.._..-._ 4,479.72 6,000.00 C Books __.:_.____.....___......._._ 6,272.00 9,000.00, . D. Periodicals _..-.--••----- 1,000.00 00 2 504 di 1,000.041 3,000.001 E. F. , . ng ......_...____._...._._._..._._ Bin Building Repairs _.. _.._.___ 5,472.00 2 300 00 5,000.00' 600A0~ 2 G. H: , . Materials and Supplies ____ Heat, Light and Water -_- 3,500.00 , 3,509.OOj T. Insurance _.._._.____......._......_-- 335.00 600.401 J. Miscellaneous __-..--•.•...-- 300.00 367.00 SUBTOTAL GROUP V-LI- BRARY .....__........ _. ........$ 50,1^.5.00 $ 54,147.00 (Library Tax-$52,547A0; Library Tax Agricul• tural Land-$lOD.W; Mlsc. Library Revenua- }3,600.OD) GROUP VI-PARK FUND Item 144A-Park Administration A, Salary Superintendent .._.....,_$ 3,720.00 } 3,909.00 B. Travel _._._._..._..._.._....._.__........._ 100.(10 100.00 C. Office .___ _..__._..__-•._r 360.00 ....... 860.00 D. Printing and Advertising -... 75.00 76.00 J. Mlacellaneoua .._..._..._....._......_ 16.00 16.00 Total _...._.._..._..._..._.___........__._......__.._,.$ 4,260.00 $ 4,446.00 Item 1446-Park Areas, Buildings, Etc. A. Wages of Laborers __._.._....•_..$ 22,000.00 $ 22,000.04 C. E. Forestry __ ._..-...___._._._ 700.00 Equipment. -.._.....___.~ 3,500.00 E,700.00 8,6110.00 F. Maintenance ._•-. __••••~. 2,276.00 2,276.00 G, Material and Suppllea _-__ 4,850.00 4,6¢0.00 H. Heat, Light, Water sad Telephone ...._-__......__._ 3,150.00 5,150.00 I. Igsurance .,. __ ~ _~_ 860.00 860.00 Regular Session, August 1st, 1949 381 J-1. Renovations and Replace- menu .....-----..----- 181.90 2,285.00' Total _-----~........_._._.-.---._..__$ 37,518.00 $ 41,610.00 SUBTOTALS GROUP VI-PARK FUND ___...__.._._~...._._.....__........$ 41,776.90 E 96,056.00 (Park Tax-$42,756.00; Misc. Park Re venuea- $3,300.00) GROUP VII-PLAYGROUND AND SWIMMINGG POOL Operation and Main tenance Item 145A-Recreation Administration Proposed 1999-50 Ap- 1950-51 AP- propriationa propriatlona A. Salary Director _......._....__._...$ 3,201.6¢¢ $ 3,600.00 A. Salary Of[Ice Help _......~~ 1,200.OA 1,500.00 B. Travel __.__-_.-.-.......-- -- 50.00 100.00 C. Office _..,._._,._....,......._..___..__..~ 120.00 120.00 F.Maintenance of Car __.......-. 360.00 360.00 GG. Material and Suppiles -- 250.00 250.00 Total ...._..,._ ........................._.__._..__...$ 6,181.68 $ 6,930.00 Item 1458-Outdoor Recreation 'A. Salaries Supervisors, Lead- ers, etc....._.__._._-_____.$ 3,500.00 $ 3,919.00 ,,AA Wages of Laborers .___._....- 1,500.00 '1,100.40 'E. Equipment _......_._.._..._..._~. 750.00 750.00 F, Maintenance ..._.._..._..__..___._ 1,000.00 1,000.00 G. Material and Suppiles __.~ 1,000.06 t,000 OD H. Light ...._ ....._.__...__..._...._.._ 500.00 500.64 I. Insurance ._.______.-...,-~- 250.00 250.00 Total ........................_..____._......_.__$ 8,500.00 $ 9,619:!10 .Item 1450-Indoor Recreation A. Wages _. _._.._.__.~._.._.._~.$ 2,000.00 $ 2,000.00 C. Office _._..._._.___~..___..,. 25.00 25.UY E. Equipment ....__..__~..__..- 300.04 300.00 F. Maintenance ... __~._.. 600.00 600.00 G. Material and Supplies _.._.. 400.00 400.00 H. Heat and Light ..._.. _.._~ 400.00 400.00 Total ...._.._....___._....._...___........-$ 3,625.00 } 9,626.00 Item 145E-Swimming Pool A. Salary Superintendent .-$ 800A0 } 350.00 A. Salaries Guards (4) __.,_._...._ 1,000AO 1,600.00 A. Salaries Attendants _...._._~._ 1,800.00 1,800.06 F. bfa-intenanoe --..-----•__. 1,000.00 1,000.06 G. Material and Supplies ___...._ 350.00 350.00 H. Light and Power .._.._...-... 300.00 300.00 I. Insurance -_.._..._...-~ 229.00 229.00 Total _.._......_.._......._......_,...._._._._..._$ b,479.00 } 0,129.00 Item 145E-Care of Grounds F. Maintenance _._._.._.._.__._..__....._.$ 1,000.00 } 1,000.60 SUBTOTAL-OPERATION AND MAINTENANCE ..._ ........................$ 23,785.86 } 28,203.00 IMPROVEMEN T Item 146-Improvement Fund J. improvements _.........._.__...___..___-$ 29,084.34 $ 38,067.00 SUBTOTALS GROUP VII- PLAYGROUNDS AND SWIM- MING POOL __.._..._..._......._...,._....$ 52,870.90 $ 58,270A0 (Playground and Swimming Pool Tax-$2 1,378.00; Pool Receipts-$4,500.00; Skating Receipts- $250.00; Miscellaneous-$75.00; Playground Im- provement Tax-$32,007.00) GROUP VIII-MISCELLANEOUS (Consolidated Fu nd) Item 147-Planning and Zoning Proposed 194 9-60 Ap- 1950-51 Ap- pro priations proprfations J. Miscellaneous _ ..............__. ~..$ 4,300.00 } ~,300.00 Item 148E-Ambulance A. Salaries Drivers (2) _..___.__$ 5,909.38 } 5,904.35 F. Maintenance .....,...._.._.__...__ 280.00 280.00 G. Material and Supplies ~- 350.00 354.00 I. Insurance _._._._._........._..._.....__ 225A0 225.00 Tota] _..._....._._..._ .........................__.._......} 6,759.36 $ 6,759.36. Item 148C-Other Miscellaneous J-1. Iowa League oP Municipai- ities _........._ _._.._....._.._..__.$ 80.00 } 8QU0 J-2. Damages _.__...-........_.__.._.__.__ 3,300.00 3,300.00 J-3. Printing Council Proceedings 2,700.00 8,700.00 J-5. State Examiners __........._....__ 2,000.00 2,000.00 J•6. Repairs to Town Clock _..._. 500.00 500.90 J-7. Misc. Unclassified _. _ 3,100.00 3,160.00 J-8. Workmen's Compensation In@prange .._~ 2,600.D~ 3,600.00 ~?i{„ 38a Regular Session, August 1st, r949 J-9. Interest on Warrants ___- 126.00 '125.Op Total ___--_-.--_...•_.-_......_~$ 14,305.00 $ 14,305.00 SUBTOTA)S GROUP VIII-MIS- CELLANEOUS .....--_...._.._...-._.....$ 26,364.36 $ E6,364.'s6 GROUP IX-MUNICIPAL IMPROVEMENTS (Consolidated Fund) Item 160-Capital Improvements J. Improvement Prolects ._-..-........$ 32,000.00 $ 39,000.06 Item 161-Bridge Construction ' ~ J. Bridge and Viaduct Work _.....$ 28,813.00 $ 29.500.00 Item 162-Asseeamente and Sewers J-1. City's Share of Special As- sessments ___._.-..._.-_...._$ 12,006.00 $ 12,000.00 J-8. Main Sewers and Inlets . 34,000.00 30,006,00 Total _.__-...______..._.. ..............__._$ 42,000.00 $ 42.000.00 SUBTOTALS GROUP IX-MU- NICIPAL IMPROVEMENTS,.$102,813.OD $103,500.00 EMERGENCY AND RESERVE Reserve in General Misc. Revenues 146.66 146.49 GROUP X-PENSION FUNDS Item 154-Police Peneioro Proposed 1949-50 Ap- 1950-61 Ap- propgiations propriations iJ-1. Po1[ae Pensions .~....-_...$ 25,041.00 $ 30,030.00 J-2, Police Retirement System_ 11,052.00 11,068.00 Total _._______.._._ ............._$ 36,093.00 $ 41,038.06 (Pollee Penafon Taa-$29,630,00; Pay Deductions from Members-$900.00; Police Retirement Tax- $10,133.00; Interest on Bonds-$875.60) Item 155--Fire Pensions J-1. Fire Pensions _._._._.-...--.$ 50,010.00 $ b0,004.00 J-2, Fire Retirement System -. 15,004.00 15,010 bg Total _.____.____....__._-.......$ 65,014.00 $ 65,020.60 (Fire Pension Tas-$99,554.00; Pay Deductions from Members-$450.00; Fire Retiremen t Tax- $13,554.00; Interest on Bonds-$1,462.60.) Item 158-Employees Retirement Fund J. City's Share _.-_.--.,._.-._-.-_..._...,$ 6,180.00 $ 11,972.00 SUBTOTALS GROUP X-PEN- SIONS __._.-..._......-..__._-..~.-_..$104,287.00 $116,096.50 GROUP XI-DEBT SERVICE Item 161J•1-City Bonds and Interest A-1 Interest on Bonds ...._..._....,-.-_.$ 3,420.00 $ 2,496.90 A-3 Sewer Bond Redemption ._.. 10,000.00 25,000,00 A-6 Funding Bond Redemption_ 40,000.00 49,000.00 A-6 Reserve -_._.._._....-_._.....- 726.00 177.06 Total .._$ 64,146.00 $ 76,272.00 (General Bond Fund-$66,272.00; Balance on Hand-$10,000.00) Item 163J•2-Airport Bonds and Interest A-1 Interest on Airport Bonds.-...$ 285.00 $ .43.06 A 8 Airport Bond Redemption._ 19,000.00 19.000.00 Tota] __.-....-.._..._._.-.._._.---.-.._....$ 19,285.00 $ 10,143.00 (Airport Fund-$19,143.00) SUBTOTALS GROUP XI-DEBT SERVICE ----.._.._ ..............._..-..._$ 73,431.00 ' $ 96,416.001 GROUP XII-DOCKS Item 158A-Dock ODeratlon Proposed 1949-50 Ap- 1950-51 Ap-r propriations propriattais A. Salary Engineer -......-...$ 420.00 $ 420.00' B. Travel ~._-..._~.. .._ 300.00 300.00 F. Maintenance _ 50.00 50.00 G, Material and Supplies ......_- 50.00 50.90 I. Insurance .....-..._..._..-....,.-_._- 625.00 675.U0 J-1. Traffic Association ~...._._. 300.00 806.00 J-2. Improvements ..-... 575.04 675.00 J-3. Miscellaneous .-._~.........~ 1,000.00 1,006.00 Tota] _-_...-......._._....._....-.--.._._.$ 3,320.00 $ 3,370.00 Item 1538-Dredge Operation A, Salaty Engineer ...._...-.........__-..$ 180.00 $ 180.00 A, Salaries Operators .-.._...._-_ 9,660.90 8,660.00 A, Wages Laborers ......._-..-._...... 5,917.00 7,OUO.C0 F. Maintenance and Repa4rs __ 2,000.00 2,500.00 G. Material and Supplies .-.~ 3,000.00 3,000.00' H. Electric Power ...._-._._..._.____ 4,000.00 4,000.00 L Marine Insurance ._-.-..-_~ 625.00 635A0 I. Workmen's Compensation In- aurance ~.,.--•_-.., BO¢.OQ 950.Up Regular Session, August 1st, 1949 7. Miscellaneous ~_..__-__......_ 150.00 --- -- 150.00 Total _...-___-..._.._.._..-......_...-._.....$ 25,832.00 $ 27,06500 Item 153C-River Front Improvement A. Wages ----..__..__....---....__....$ 500.00 $ 500.00 E. Trucking ._......-.___.-_.._ 200.00 EOO.UO E. Equipment ~..~._...._._.. 1,000.00 1,000.00 E. Tools ....___-..._-.._..._..... 200.00 200,00 G, Material and Supplies -- 800.00 1,400.00; Total _..._.._-...-...-....-...-.-.._.._...-._..$ 2,700.00 $ 8,300.00' SUBTOTALS GROUP XII- DOCKS -.-..,_...__._,..__.......$ 31,852.60 $ 33,735.00 (Dock Tax-$21,378.00; Mise, Dock Re venues- $12,357.00) GROUP XIII-AIRPORT Item 157-Airport Fund Proposed 1949-50 Ap- 1950-51 Ap-~ propriations propriations; F. Maintenance -..-„~_._._.~ 15,000.00 $ IS,OOD.00' I. Insurance ~.._.__.....--.._._......_ 1,500.00 1,500.00 J. Airport Development --.- 40,673.00 14,113.Dp' SUBTOTAL GROUP XIII-AIR- PORT .__...._--.__...-..._.._.._..-......_-$ 57,173.00 $ 29,813.00 (Airport Tax-$23,613.00; Airport Revenue- 86,000.00) GROUP XIV-PARKING METERS AND PARKING LOTS Item 170A-Parking Meters A. Wages ___....__...........-..-._~.$ 3,160A0 $ 3,160.00 E. Equipment ~..._ _...._ 12,OOOA0 4,000,00 F. Maintenance .. ~. 1,850.00 1,850.00! Tots] .__..._...._...._-._.----._...$ 17,000.00 $ 9,DOOAO'. (Parking Meter Fund-$9,000.00) Item 1706-Parking Lots 7. Parking Lots -.-....-..._.._.___-....._$104,500.00 $167,500.04 (Parking Meter Fund-$151,000.00; Park ing Lot Fund-$16,500.00) SUBTOTAL GROUP XIV-PARK- INGG METERS AND PARK• IN4 LOTS _ .._._-$121,500.00 $176,500.00 GROUP XV-WATER WORKS Proposed' 1949.50 Ap- 1950-51 ADS propriations proprlation~ Estimated Ba]ance on Hand April 1, 1950 _..._...._-._..__.._. __.._$100,006.00 $ 75,OOOA0 Estimated Meter Sales _.-..__._.._... 210,OOOA 225,000.0 Estimated Flat Rate Sales __.~ 750.00 1,000.0 Estimated Fire Protection Service 2,500.00 2,500.0 Estimated Non-Operation Service 2,500.00 8,500. Estimated Sales Tax Collections... 4,215.00 4,620.0 Total .__ ^___ ...........................__$319,965.00 DISBURSEMEN TS Item 149A-Administration A. Salary Superintendent and Cashier _-.........-...._..._.....-_._-.$ 5,336.10 A. Salary Accountant ....__~ 3,600.69 A. Salary Stenographer and Clerk -...-....._...-_..___...... 2,522.52 A. Salary Clerk ...._..__--_.., 2,383.92 A. Salary Clerk _.....-..___..-...._....._ 2,016.00 A. Salary City Manager (25%).... 3,000.00 A. Salary City Auditor (25%) .. 980.60 A. Salary City Treasurer (25~) 963.21 B, Travel ...-.._....-...-..._........_.._...-.........-....__ 125.00 C. Office Expense and Postage_ 1,500.00 D. Printing and Advertising 400.00 E. Equipment ..-.,....._.._....-......-...___ 1,150.00 F. Maintenance ..._..._..._.._......-..~ 300.00 G. Material and Supplies __~ 500.00 I. Insurance ..._.....-....__........._~ 15.00 J-1. Miscellaneous .......-._..~.~.. 390.00 J-2. State Sales Tax _._.....^_. 9,215.00 J-3. Old Age Pension --. .--- Total __.--_-....._..._.._......_..__...._$ 29,314.05 Item 194B-Water Operation A, Salary Field Engineer ..._.-._...$ 4,019.40 A. Salary Plant Chief Engineer_ 3,659.04 A. Sa]aries Plant Engineers (6) 18,794.16 A. Wages Extra Station Labor__ 5,250.00 A. Sa]ary Meter Service Man .... 2,785.56 A. Salary Meter Repair Man _.. 3,215.52 A. Salary Meter Readers (2) ~. 5,266.80 A, Salary Meter ;pepectvr ,~...a 2,6.44 $310,520!!0 $ 5,336.1p 3,506.611 3g3 3g4 Kegular Session, August 1st, 194q A, Salary Asst. Meter Repaieer_ 2;669.D2 2;F69.02 A. Sa12ry General Foreman _.- 3,797.64 20 623 5 H l ~ 3,797.04 623.20 6 . , e p . A, Salary Supervisory A. Wages Laborers _..~_-_..._ 16,000.00 , 16,000.00 E. Equipment __......._~ 10,000.00 10,000.00. F, Maintenance ...._...-._..___....- 12,000.00 12,000 RJR G. Material and Supplies ___.._ 2,000.00 4,090.00'. ' H. Heat, Light and Power .-_ 45,000.0D 56A00.00 I. Insuratce _..._.,___..........._._..__.... 5,500.UD J-1. Water Main Material ...___ 25,000.00 5,500A0 25,900.00 J-2. Other Betterments _.._._-_ 111,911.91 37,771.91 J-3. Store Reserve ----.••,---- 3,000.00 8,000.40 J-4. Mlacellaneous _..-_...._- 1,50D.90 1,500.70, Total -.~.----.-.__...._..._.._.......-....$289,825.95 $277,685`J5~ GRAND TOTAL WATER WORKS APPR0PRIATI0NS.$319,140.00 $310,000.G0 N 0 N -APPROPRIATION RE- SERVE ______..._....--.-.._.........-..$ 825.00 $ 580.00, SU TER WORKS UP_-YV-wA.$319,965.04 $319,526.001 RECAPITULATION OF TOTAL APPROPRIATIONS AND RESERVES (a) City Operation, Group I to VIII, Inclusive .-....__.......-_$1,072,144.45 $1,046,716.61 (b) Municipal Improvemienta GrouA IX ......_....-.........__.._ 102,613.00 103,6D0.U0 (o) Reserve in General Misc. 146 55 146 49 . Revenues _ (d) Pensions, Group X ...-~- 107,267.00 . 118,030.60 (e) Debt Service, Group XI ._... 73,431.00 95,916.00 (1) Docks, Group XII ...._-._..-.. 31,852.00 33,735.00 (g) Airport, Group XIII _._...-_-.-_ 67,173.00 29,813.00 (h) Parking Meters and Lota Group xIV -..._..-.._.__.-.~ 121,5ao.oo ~ 176,5Da.uoi (i) Water Works, Group XV __ 315,140.00 310,000.07! b20A0! (J) Water Works Reserve --... 825.00 , 1 Total .._.._....._---........--....._..-....__$1,686,312.00 $1,913,176.59 ' RECAPITULATION OF REVENU 1 ES Tas Revenues _........_...---...-.._.._..... $ 1 $1 Misc. RBa1a ces and Estimated 6G8,122.0D 551,189.501 d Es a Water W n - 319,965.00 m ted Balance - 310,520.80 - --- -- - Totaa .~._.-.-.---........_....-.......$1,88u,312.V0 $1,913,176.60 RESOLUTION N0. 210-49 Whereas, a budget of proposed expenditures for the fiscal year beginning April 1, 1950 and ending March 31, 1951 has been duly pro pared by the City Manager, publish- ed as required by law and submit- ted to this Council for approval, and Whereas, This Council has exam- ined this budget, wherein estimates of the expenses of the various de• partments and purposes are shown, including the estimates for which the consolidated tax levy and all other levies, receipts from moneys and credits, and miscellaneous sources are to be used and said budget shows all of the proposed expenditures for the ensuing fiscal year, and the same was published as provided by law, and an op• portunity was given all who might wish to file objections or protest to the same, and the time for action thereon having been fixed as the 1st day of August, 1949 at 7:30 P.M.; and Whereas, no objections have been filed or made to said budget; Now Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Budget prepared by the City Man- ager of the proposed expenditures for the fiscal year beginning April 1, 1950 and ending March 31, 1951 is hereby approved. Proposed, adopted and approved this 1st day of August, 1949. ALBERT WHARTON Mayor 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 following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu Nays -None. Absent -Councilman Thompson. Regular Session, August 1st, l~q~ 3~5 Resolution No. 211-49 Resolved by the City Council of the City of Dubuque: That to pay for the improving of Stetmore Street, (West Side), from the North Property Line of Theisen Street to the South Property Line of Lom• bard Street, by Thos. Flynn Coal Co., contractors, in'front of and ad• joining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and Parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as fel10WS: Oa~uer. Lot. Location. Assessment. Jess W. Walker, Lot 6, Stet- more Sub ...............................$284.69 Garry and Esther Wells, Lot 7, Stetmore Sub ................... 85.98 Dubuque Homes Inc., Lot 15, Stetmore Sub ....................... 79.38 Clarence A. and Dlargt. Gla- ser, Lot 16, Stetmore Sub. 258.01 Donald D. and Ruth E. Bush, Lot 17, Stetmore Sub.....,... 234.65 Frank R, and Charlotte Bed• dew, Lot 18, Stetmore Sub. 234.65 Clara F. Wybrant, Lot 19, Stetmore Sub ....................... 232.76 $1,410.12 360.6 Lin, Ft. of Curb and Gutter @ $3.00 ..................$1,081.80 12.4 Sq. Yds. Driveway Concrete @ $6.00 ................ 74.40 28 Lin. Ft. of 15" GenCl'P` Pipe @ $3.00 ................... 84.00 1 Catch Basin @ $100.00.... 100.00 $1,340.20 Extra Expense @ 4.5%..... 60.31 Interest at 6% for 52 Days 11.62 $1,412.13 Sales Tax Refund .................. 2.01 $1,410.12 All of which is assessed in pro• portion to the special benefits conferred. Passed, adopted and approved this 1st day of August, 1949. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELU, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays-None. Absent-Councilman Thompson. Proof of publication, certified to by the publishers, of notice of levy of special assessment and intention of the City Council to issue bands for the improvement of Stetmore Street (west side) from the north property ]ine of Theisen Street to the south property line of Lombard Street, amount of assessment $1; 410.12, presented and read. Coun- cilman Welu 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, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. SCHEDULE OF ASSESSMENTS. Proof of publication, certified to .;y the publishers, of notice of pub- lic hearing of the intention of the City Council to issue improvement bonds in the amount of $1,410.12 for the purpose of paying the cost of the improving of Stetmore St. (west side) from the north proper- ty line of Theisen Street to the south property line of Lombard St., presented and read. Councilman Russo moved that the proof of pu,b- iication be received and filed. Sec- onded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. (Resolution Providing for the la. suance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION N0, 212-49 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improving of Stet- more Street hereinafter described, has been completed and said im- provement has been accepted by the City Council of said City and the City Engineer has computed 3g!~ Regular Session, August 1st, t94q the cost and expense thereof to be $1,410.12. AND WHEREAS, public notice as provided by law, has ,been pub• lished by the City Clerk stating the intention of the City Council to issue bands to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Councit of the City of Dubuque that to pro- vide for the cost of the improve- ment of Stetmore Street, (West Side), from the North Property Line of Theisen Street to the South property line of Lombard Street there be issued improvement bonds to the amount of $1,410.12. Said bands shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall ,bear the date of the 31st day of August, 1949, shall be in denominations of $100.00, except that there shall be one bond to the amount of $110.12, They shall be numbered from 4034 to 4047 inclusive and shall be livid- ', ed into ten series, of which the bond numbered 4034 shall consti- tute the first series and shall be payable the first day of Aprll, A, D. 1950, the bond numbered 4035 shall constitute the second series and shall be payable the first day of April, A. D. 1951, the bond number- ed 4036 shall constitute the third series and shall be payable the first day of April, A. D. 1952, the bond numbered 4037 shall consti- tute the fourth series and shall be payable the first day of April, A. D. 1953, the bond numbered 4038 shall constitute the fifth ser- ies and shall be payable the first day of April,. A. D, 1954, the bond numbered 4039 shall constitute the sixth series and shall be pay- able the first day of April, A. D. 1955, the bond numbered 4040 shall constitute the seventh series and shall be payable the first day of April, A. D. 1956, the bond num- bered 4041 shall constitute the eighth series and shall~be payable the first day of April, A. D. 1967, the bonds numbered 4042, 4043 and 4044 shall constitute the ninth ser- ies and shall be payable the first day of April, A. D. 1958, the bonds numbered 4045, 4046 and 4047 shall constitute the tenth series and shall be payable the first day of April, A. D. 1959. Said ,bonds shall bear interest at the rate of five per cent. per an- num which interest shalt be pay able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No ........................................ Series No .............................. CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, A. D. 19-; or any time before that date at the option of the City, the sum of .................. HUNDRED DOLLARS, with inter- est thereon at the rate of five per cent, per annum, payable on the presentation and surrender of the interest coupons hereto at- tached, both interest and principal are payable at the office of the City Treasurer in the City of Du- buque in the State of Iowa. This bond is issued by the City of Du- buque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 1st day of August, 1948. This bond is one of a series of 14 bonds, 13 for $100.00 numbered from 4034 to 4046 inclusive, and one far $110.12 numbered 4047, all of like tenor and date, and issued for the pur- pose of the improvement of Stet- more Street, (West Side), from the North Property Line of Thei- sen Street to the South Property Line of Lombard Street and de- scribed in said resolution; which cast is assessable to and levied along said improvement, and is Regular Session, August 1st, 1949 3~7 made by law a lien on all abut- ting or adjacent property, and pay- able in ten annual installments, with interest on all deferred pay- ments at the rate of five per cent. per anmm~, and this hand is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to ,be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrev- ocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 31st day August, 1949, and has authorized the use of their fac-simile signa- ture to the interest coupons here- to attached. Mayor. City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ..................day of ...,.......... A. D. 19-, the City of Dubuque, Iowa, promises to pay to the ,bear- er, as provided in the bond, the sum of ....................................Dollars, at the office of the City Treas- urer in the City of Dubuque, being ..................months interest due that day on its ..............................Bond No, dated ................... 19-. Mayor. ... it City Clerk, Countersigned II BE IT FURTHER RESOLVED, i that the Mayor and City Clcrk be and they are hereby instructed to '~, cause said bonds to .be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and be is hereby instructed- to sell said bonds in the manner provided .by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bands be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 1st day of August, 1949, Approved: ALBERT WHARTON Mayor 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, Van Duelman, Welu. Nays - None. Absent -Councilman Thompson. State of Iowa l County of Dubuque J SS. I, Claude McDonald, do hereby certify that on July 15th, 1949, I posted copies of the attached No- tice of Levy of Special Assessment and Intention of the City Council to Issue Bands along the line of improvement for the improving of Stetmore Street (west side) from the north property line of Theisen 3~8 Regular Session, august 1st, 1949 Street to the south property line of Lombard Street. Signed, Claude McDonald. Subscribed and sworn to before me, John J. Shea, a Notary Public, this 15th day of July, 1949 JOHN J. SHEA. Notary Public in and for Dubuque County, Iowa (Seal) Councilman Welu moved that the statement be received and made a matter of record. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas - Mayor Wharton, Coun- cflmen Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson Proof of publication, certified. to by the publishers, of notice of levy of special assessment and inten- tion of thA City Council to issue bonds far the improvement of Ava- lon Road from the south property line of Asbury Road to the north property line of Hillcrest Road, amount of assessment $3,750.11, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men, Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son. SCHEDULE OF ASSESSMENTS. Resolution No. 213-49 Resolved by the Council of the City of Dubuque: That to pay for the improving of Avalon Road from the South Property Line of Asbury Rcad to the North Property Line of Hillcrest Road, by Thos. Flynn Coal Co., contractor, in front of and adjoining the same, a special tax be and is hereby levied on the sev- eral lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Owner. Lat. Location. Assessment, E. H. and Elizabeth Madi- son, Lot 13, Block 0, Hill- crest Park ............................$297.76 E. H, and Elizabeth Madi- son, Lot 12, Block 6, Hill- crest Park ............................ 101.47 Lea S. and Lorraine Siegert, Lot 11, Block 6, Hillcrest Park ........................................ 43.68 Alice M. Staehli, Lot 14, Block 6, Hillcrest Park .. 'F. 190.25 Alice M. Staehli, Lot 15, Block 6, Hillcrest Park...... 159.51 Allen R. and Violet H. Mescher, Lot 16, Block 6, Hillcrest Park ...................... 171.86 Allen R. and Violet H. Mescher, Lot 17, Block 6, Hillcrest Park ...................... 159.51 C. Victor and Muriel Han- son, Lat 18, Block 6, Hill- crest Park .._ ........................ 159.51 C. Victor and Muriel Han- son, Lot 19, Black 6, Hill• crest Park ............................ 175.26 Iowa Impr, Company, Lot 20, Block 6, Hillcrest Park...... 175.26 low Impr. Company, Lot 21, Block 0, Hillcrest Park...._ 171.80 Eugene J. and Jacqueline Winders, Lot 22, Block 6, Hillcrest Park ...................... 171.86 Iowa Impr. Company, Lot 12, Block 5, Hillcrest Park ...... 159.51 Iowa Impr. Company, Lot 13, Block 5, Hillcrest Park...... 171.86 Robt. J. and Florence H. Blosch, Lot 14, Block 5, Hillcrest Park ...................... 159.51 Iowa Impr. Company, Lot 15, Block 5, Hillcrest Park...; . 1?1.86 Iowa Impr. Company, Lot 16, Block 5, Hillcrest Park...... 171.86 Iowa Impr. Company, Lot 17, Block 5, Hillcrest Park .,.... 171.86 Harry M. and Camilla Wilt- sey, Lot 18, Block 5, Hill- crest Park ............................ 159.51 Elmer J. and Ann M. Beck- ius, Lot 19, Block 6, Hill- crest Park ............................ 159.50 Elmer J. and Ann M. Beck- ius, N. 10 ft, of Lot 20, Block 5, Hillcrest Park ...... 31.90 Elmer J. and Ann M. Beck- ius, S 40 ft, oY Lot 20, Black 5, Hillcrest Park...... 139.93 Richard and Lorraine Di- desch, W. 90 ft. of Lot 21, Black 5, Hillcrest Park...... 139.82 Richard and Lorraine Di- desch, W. 90 ft. of Lot 22, Block 5, Hillcrest Park...... 139.82 Regular Session, August 1st, 1949 3~9 Gay D, and Rue Spense, E. 35 ft. of Lot 21, Block 5, Hillcrest Park ..................... 19.69 Gay D. and Rue Spence, E. 35 ft, of Lot 22, Block 5, Hillcrest Park ...............:...... 19.09 $3,750.11 1,120 Lin. Ft. Curb and Gutter @ $3.00 ....................$3,378.00 47 Lin. Ft. Radius Curb and Gutter ~ $5.00 .......,. 141.00 21.1 Sq. Yds. Driveway Concrete ~ $0.00 .............. 126.60 $3,646.60 Extra Expenses @ 2% ......,. 72.91 Interest at G% for 52 Days 31.60 $3,750.11 All of which is assessed in pro- portion to the special benefits conferred. , Passed, adopted and approved this 1st day of August, 1949. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, ROMOLO N, RUSSO, CLARENCE P. WELD, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Russo moved the adoption of the resolution. Sec- onded by Councilman Van Duel- rnan, Carried by the following vote: Yeas-Alayor Wharton, Council- ~!ien Russo, Van Duelman, Welu. Nays-None. Absent-Councilman Thompson. Proof of publication, certified to by the publishers, of notice of public hearing of the intention of the City Council to issue improve• ment bonds in the amount of $3,- 750.11 for the purpose of paying the cost of the improving of Ava• lon Street from the south property line of Asbury Road to the north property Line of Hillcrest Road, presented and read. Councilman Welu moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Russo. Car• ried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son, (Resolution Providing. for the le- suance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 214.49 WHEREAS, the contract hereto• fore entered into by the City of Dubuque for the improving of Ava• lon Road hereinafter described, has been completed and said improve- ment has ,been accepted by the City Council of said Cfty and the City Engineer has computed the cost and expense thereof to be x;3,750.11 AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE• SOLVED by the City Council of the Gity of Dubuque that to pro- vide far the cost of the imprave• ment of Avalon Road from the South Property Line of Asbury Road to the North Property Line of Hillcrest Road there be issued improvement ,bonds `o the amount of $3,750.11 Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 31st day of August, 1949, shall be in denominations of w300.00, except that there shall be one bond to the amount of $150.11. They shall be numbered from 4048 to 4060 inclusive and shall be di- vided into ten series, of which the band numbered 4048 shall con• stitute the first series and shall be payable the first day of April, A. D. 1950, the bond numbered 4049 shall constitute the second series and shall be payable the first day of April., A. D. 1951, the bond num- bered 4050 shall constitute the third series and shall be payable the first day of April, A. D, 1952, the bond numbered 4051 shall constitute the fourth series and shall be payable the first day of April,. A, D. 1953, the bond num- bered 4052 shall constitute the fifth series and shall be payable 39o Regular Session, August 1st, Iggq the first day of April, A. D. 1954, the bond numbered 4053 shall con- stitute the sixth series and shall .be payable the first day of April, A. D, 1955, the bond numbered 4054 shall constitute the seventh series and shall be payable the first day of April, A. D. 1956, the bond numbered 4055 shall consti- tute the eighth series and shall be payable the first day of April,. A. D. 1957, the bonds numbered 4056 and 4057 shall constitute the ninth series and shall be payable the first day of April A. D. 1958, the bonds numbered 4058, 4059 and 40- 60 shall constitute the tenth series and shall be payable the first day of April, A. D, 1959. Said bands shall bear interest at the rate of five per cent. per an• num which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro• ceeds of the special assessment levied for said improvement. Both principal and interest shall .be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be sub- stantially in the following form: No . ................................................ Series No ................................. CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, A. D. 19-; or any limo be- fora that date at the option of the City, the sum of ................................ Hundred dollars, with interest at the rate of five per cent. per an- num, payable on the presentation and surrender of the interest cou- pons hereto attached, both interest and principal are payable at the uffice of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946 and in accord- ance with a resolution of the City Council of said City, duly passed on the ist day of August, 1949. This band is one of a series of 13 bonds, 12 for $300.00 numbered Prom 4048 to 4059 inclusive, and one for $150.11 numbered 4060, al] of like tenor and date, and issued for the purpose of the improve- ment of Avalon Road from the South Property line of Asbury Road to the North Property Line of Hill- crest Road and described in said resolution; which cost is assess• able to and levied along said im• provement, and is made by law a lien on all abutting or adjacent property, and payable in ten an- nual installments, with interest on all deferred payments at the rate of five per cent, per annum, and this bond is payable only out of the money derived from the collec- tion of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to ,be done precedent to and in the issuing of this series of bonds, nave been done, happened and per• formed in regular and due form as required by said law and resolu- tion; and for the assessments, col- lections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 31st day August, 1949, and has authorized the use of their fac-simile signature to the interest coupons hereto attached. Mayor. ... City Clerk. Countersigned (Seal) (FORM OF COUPON,) On the ................day of ...............,, A. D. 19-, the City of Dubuque, Iowa, promises to pay to the bear- er, as provided in the bond, the sum of ................ .........Dollars, at the office of the City Treasurer in the City of Dubuque, being .,.......... months interest due that day on its ........................Bond No. ......._..., dated ............................. 19............ Mayor. City Clerk. Countersigned Regular Session, august rst, 1949 391 BE IT FURTHER RESOLVED, )- that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute • said bonds, and that the C i t y Clerk be and he is hereby instruc- t led to register said bonds in a V book to be kept .by him for that N; purpose, and to then deliver them f.o the City Treasurer who will f' also register them in a book to be ' kept by him for that purpose. ~' BE IT FURTHER RESOLVED, i that the City Treasurer be and he ~~` is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds .be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 1st day of August, 1949. Approved: ALBERT WHARTON Mayor. FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELD Councilmen. ' -Attest: J .J. SHEA City Clerk, Councilman Welu moved the ad- option of the resolution. Seconded by Councilma^ Van Duelman. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman T'homp• son. State of Iowa ~ SS. County of Dubuque J I, Claude McDonald, do hereby certify that on July 15th, 1949, I posted copies of the attached No- tice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line of improvement for the improvement of Avalon Road from the south property line of Asbury Road to the north property line of Hi11• crest Road. Signed, Claude McDonald Subscribed and sworn to before me, John J. Shea, a Notary Public this 15th day of July, 1949. John J. Shea. Notary Public in and for Dubuque County, Iowa. (Seal) Councilman Russo moved that the statement be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Wharton, Coun• cilmen Russo, Van Duelman, Weln. Nays -None. Absent - Councilman Thomp- son. Proof of publication, certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to issue bonds for the improvement o f Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road, amount of assessment $6,966.33, presented and read, Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Ceuncilman Welu. Carried by the following vote: Peas - Mayor Wharton, Coun- cilmen Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thomp- son. SCHEDULE OF ASSESSMENTS. Resolution No. 215-49 Resolved by the City Council of the City of Dubuque: That to pay for the improving of Broadlawn Road from the South Property Line of Asbury Road to the North Prop- erty Line of Hillcrest Road, by Thos. Flynn Coa] Co., contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts 392 Regular Session, August 1st, 1949 set opposite each lot or parcel of real estate, as follows: Owner. Lot. Location. Assessment Iowa Impr. Company, Lot 9, Block 3, Hillcrest Park ... $ 58.86 Iowa Impr. Company, N. 81.7 ft. of Lot 10, Block 3, Hillcrest Park ...................... 62.91 Iowa Impr. Company, N. 110.9 ft. of Lot 11, Black 3, Hill- crest Park ........................... 222.90 Iowa Impr, Company, S. 50 ft, cf Lot 10, Black 3, Hi11- crest Park .......................... 51.31 Iowa Impr. Company, S. 50 ft. of Lot 11, Block 3, Hill- crest Park .......................... 102.73 Iowa Impr. Company, Lot 12, Block 3, Hillcrest Park ...... 154.03 Iowa Impr. Company, Lot 13, Block 3, Hillcrest Park...... 166.87 Iowa Impr. Company, Lot 14, Block 3, Hillcrest Park..,... 166.87 Iowa Impr. Company, I.ot 15, Block 3, Hillcrest Park....., 166.87 Wallace E, and Jassie Mose- ly, Lot 16, Black 3, Hill- crest Park ............................ 154.52 Robert C, and Jeanne M. O'Hearn, Lot 17, Block 3, Hillcrest Park ................ 166.87 Vincent J. and Marguerite Schwartz, Lot 18, Block 3, Hillcrest Park ..................... 154.52 Iowa Impr. Company, Lot 1, Block 6, Hillcrest Park...... 154.52 Iowa Impr. Company, Lot 2, Block 6, Hillcrest Park...... 166.87 Iowa Impr. Company, Lot 3, Block 6, Hillcrest Park..,,.. 166.57 Tows Impr, Company, Lot 4, Block 6, Hillcrest Park...... 166.87 Hattie Young, Lot 5, Block 6, Hillcrest Park .................. 154.52 Iowa Impr. Company, Lot 6, Block 6, Hillcrest Park...... 166.87 Iowa Impr. Company, Lot 7, Block 6, Hillcrest Park....,.. 166.87 Iowa Impr. Company, Lot 8, Block 6, Hillcrest Park..,... 154.52 Leo and Lorraine Siegert, Lot 9, Block 6, Hillcrest Park ........................................ 273.26 Leo and Lorraine Siegert, Lot 10, Block 6, Hillcrest Park ....................................... 122.94 Leo and Lorraine Siegert, Lot 11, Block 6, Hillcrest Park ....................................... 81.59 Iowa Impr. Company, Lot 12, Block 4, Hlllcrest Park...... 154.52 Iowa Impr. Company, Lat 13, Block 4, Hillcrest Park ...... 154.52 Iowa Impr. Company, Lot 14, Block 4, Hillcrest Park...,... 166.87 Iowa Impr. Company, Lot 15, Block 4, Hillcrest Park...... 166.87 Iowa Impr. Company, N. 1/z of Lot 16, Block 4, Hill- crest Park . .......................... 89.59 Iowa Impr. Company, S. '/z of Lot 16, Block 4, Hill- crest Park .......................... 7725 Iowa Impr. Company, N. 1/z of Lot 17, Block 4, Hill- crest Park .,_ ....................... . 89.59 Iowa Impr. Company, S 1/z of Lot 17, Block 4, Hi11- crest Park ..................._... ,.... ...89.59 Iowa Impr. Company, N ~/z of Lot 18, Block 4, Hill- crest Park ......................... 77.25 Iowa Impr, Company, S 1/z of Lot 18, Block 4, Hill- crest Park ................ .~......... 89.60 Iowa Impr. Company, Lot 19, Block 4, Hillcrest Park...... 166.88 Iowa Impr. Company, Lot 20, Block 4, Hillcrest Park...... 166.88 Dubuque Homes Inc., Lot 21, Block 4, Hillcrest Park..... 154.53 Dubuque Homes Inc., Lot 22, Black 4, Hillcrest Park ....., 154.54 Gay D, and Rua Spence, Lot 1, Block 5, Hillcrest Park 180.47 Gay D. and Rua Spence, Lot 2, Black 5, Hillcrest Park.. 154.64 Gay D. and Rua Spence, Lot 3, Block 5, Hillcrest Park. 154.54 Larry D. Spence, Lot 4, Block 5, Hillcrest Park....., 154.54 Dubuque Homes Inc., Lot 5, Block 5, Hillcrest Park....., 154.54 Iowa Impr. Company, Lot 6, ~" Block 5, Hillcrest Park .,.... 166.89 Iowa Impr. Company, Lot 7, Block 5, Hillcrest Park.... 166.89 Ida M. Blaine, Lot 8, Block 5, Hillcrest Park .................. 154.54 Dan and Bessie Mihal, Lot 9, Block 5, Hillcrest Park....,, 154.53 Iowa Impr. Company, Lot 10, Block 5, Hillcrest Park _..., 166.88 Iowa Impr. Company, Lot 11, Block 5, Hillcrest Park . .. 154.53 $6,966.33 2,086 Lin. Ft. Curb and Gutter @ $3.00 ....................$6,258.00 71 Lin. Ft. Radius Curb and Gutter @ $3.00.......,., 213.00 Rcgttlar session, August 1st, 1949 393 50.2 Sq. Yds. Driveway Concrete @ $6.00 .............. 301.20 $6,772.20 Extra Expense @ 2% .....,... 135.44 Interest at 6% for 52 Days 58.69 $6,966.33 All of which is assessed in pro- portion to the special benefits conferred. Passed, adopted and approved this 1st day of August, 1949. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELU, Attest: J. J. SHEA, City Clerk, Councilmen. Councilman Russo moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays-None. Absent-Councilman Thompson. Proof of publication, certified to by the publishers, of notice of public hearing of the intention of the City Council to issue improve- ment bonds in the amount of $6,- 966.33 for the purpose of paying the cost of the improving of Broadlawn Road from the south property line of Asbury Road to the north property line of Hill- crest Road, presented and read. Councilman Welu 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, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son. (Resolution Providing for the Is- suance of Public Improvement Bands.) CITY OF DUBUQUE RESOLUTION N0. 21619 WHEREAS, the contract hereto- fore entered into by the City of Du- buque for the improving of Broad- lawn Road hereinafter described, has been completed and said im- provement has been accepted by the City Council of said Citp and the City Engineer has computed the cost and expense thereof to be $6,966.33 AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cast of said Improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have .been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the improve- ment of Broadlawn Road from the South Property Line of Asbury Road to the North Property Line of Hillcrest Road there be issued improvement bonds to the amount of $6,966.33 Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 31st day oP August, 1949, shall be in denominations of $500 00, except that there shall be one bond to the amount of $466.33. They shall be numbered Prom 4061 to 4074 inclusive and shall .be divided inte ten series, of which the bond numbered 4061 shall constitute the first series and shall be payable the first day of April, A. D. 1950, the bond numbered 4062 shall con- stitute the second series and shall be payable the first day of April, A. D, 1951, the bond numbered 4063 shall constitute the third series and shall be payable the first day of April, A, D, 1952, the bond num- bered 4048 shall constitute the fourth series and shall be payable the first day of April, A, D, 1953, the bond numbered 4065 shall con- stitute the fifth series and shall be payable the first day of April, A. D. 1954, the band numbered 4066 shall constitute the sixth series and shall be payable the first day of April, A. D. 1955, the bond num- bered 4067 shall constitute the seventh series and shall ,be pay- able the first day of April, A. D. 1958, the bond numbered 4 0 6 8 shall constitute the eighth series and shall be payable the first day of April, A. D. 1957, the bonds ~;. Y t,$ 394 Regular Session, August tst, t949 numbered 4069 and 4070 shall con- stitute the ninth series and shall be payable the first day of April, A. D. 1958, the bonds numbered 4071, 4072, 4073 and 4074 shall con- stitute the tenth series and shall be payable the first day of April, A. D. 1959. Said bonds shall bear interest at the rate of five per cent. per an- num which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached.' and said bonds shall .be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No . ............................................... Series No . ............,................_.. CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A. D. 19 ............: or any time before that date at the option of the City, the sum of ..............................HUNDRED DOLLARS with interest thereon at the rate of five per cent. per annum, payable on the presenta- tion and surrender of the interest coupons hereto attached, both in- terest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said Gity, duly passed on the 1st day of August, 1949. This bond is one of a series oP 14 bonds, 13 for $500.00 num- bered from 4061 to 4073 inclusive, and one for $466.33 numbered 4074, all 01 like tenor and date, and issued far the purpose of the im- provement oY Broadlawn R o a d from the South Property Line of Asbury Road to the North Property Line of Hillcrest Road and des- cribed in said resolution; which cost is assessable to and levied a- long said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with in- terest on all deferred payments at the rate of five per cent, per an- num, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be. used for no oth- er purpose. And it is hereby certi- fied and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and perform- ed in regular and due form as re• quired by said law and resolution; and for the assessments, collec- tions and payment hereon of said special tax, the faith and diligence of said City of Dubuque are. hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this ,band to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 31st day August, 1949, and has authorized the use of their fac-simile signature to the interest coupons hereto attached. ........ Mayor ... City Clerk Countersigned (Seal) (FORM OF COUPON) On the ...... day of .,.......... A. D. 19.......... , the City of Dubuque, Ia., promises to pay to the bearer, as provided in the bond, the sum of ............Dollars, at the office of the City Treasurer in the City of Du- buque, being .... months interest due that day on its ............Bond No. dated .............~ 19.......,... Mayor City Clerk Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to reg- ister said .bonds in a book to be kept by him for that purpose, and to then deliver them to the City Regular Session, August 1st, r949 395 Treasurer who will also register them in a book to be kept by him for that purpose and to then deliv er them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, Chat the interest coupons attached to the ,bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 1st day of August, ] 949. Approved: ALBERT WHARTON Mayor. FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELU Councilmen Attest: J. J. Shea City Clerk. Councilman Russo moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. State of Iowa County of Dubuque I, Claude McDonald, do hereby certify that on July 15th, 1949, I pasted copies of the attached No- tice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line of improvement for the improvement of Broadlawn Road from the south property line of Asbury Road to the north property line of Hillcrest Road. Signed, Claude McDonald. Subscribed and sworn to before me, a Notary Public, this 15th day of July, 1949. John J. Shea Notary Public in and for Dubuque County, Iowa Councilman Welu moved that the statement be received and made a matter of record. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson, Proof of publication, certified to by the publishers, of notice of levy of special assessment and intention of the City Council to issue bonds for the improvement of Hillcrest Road from the west property line of Asbury Road to the east proper- ty line of Avalon Road, amount of assessment $6,788.09, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded .by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson, SCHEDULE OF ASSESSMENTS. Resolution No. 217-49 Resolved by the City Council of the City of Dubuque: That to pay for the improvement of Hillcrest Road from the West Property Line of Asbury Road to the East Prop- erty Line of Avalon Road, by Thos. Flynn Coal Co., contractor, in front of and adjoining the same, a spe- cial tax be and is hereby levied o^ the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Owner. Lot. Location, Assessment. Phillip Pfifner, Lot 1, Hill• crest Sub. No. 2 ....................$223.29 Oswald A, and Emilie Kuhl, Lot 2, Hillcrest Sub. No. 2 91.17 Mary J. Meyer, Lot 3, Hill- crest Sub, No. 2 .................. 30.18 Mary F. Meyer, Lot 4, Hill- crest Sub. No. 2 .................. 6.15 Julius J, and Rose Noel, Lot 7, Hi]]crest Sub. No. 2........ 1.39 Karl W. Harker, Lot 8, Hill- crest Sub. No. 2 .................... 6.83 • 396 Regular Session, August 1st, 1949 Jas. D. and Margt. Whitfield, Lot 9, Hillcrest Sub. No. 2 3.24 Allie and Lena Schmitt, Lot 19, Hillcrest Sub'. No. 2..... 17.64 A11ie and Lena Schmitt, Lot 20, Hillcrest Sub. No. 2...... 19.71 Merlin and Stella Smith, Lot 21, Hillcrest Sub. No. 2 ... 41.32 Harry A. and Marion Muir, Lot 22, Hillcrest Sub. No. 2 ............................................. 94.08 Harry A. and Marian Muir, Lot 23, Hillcrest Sub. Na. 2 ............................................. 267.12 Iowa Impr. Oompany, Lot 24, Hillcrest Sub. No. 2 ........,.. 205.60 Iowa Impr. Company, Lot 26, Hillcrest Sub. No. 2....._... 205.60 Iowa Impr, Company, Lot 26, Hillcrest Sub. No. 2........,, 205.60 Iowa Impr. Company, Lot 27, Hillcrest Sub No. 2...,........ 205.60 Iowa Impr. Company, Lot 28, Hillcrest Sub. No. 2 .,.....,.... 204.65 Iowa Impr. Company, Lot 29, Hillcrest Sub. No. 2 ......,..... 198.62 Leroy J. and Helen Miller, Lot 30, Hillcrest Sub. No. 2 ........................................... 411.18 Paul and Gilberth Bardrick, Lot 31, Hillcrest Sub. No. 2 .......................................... . 267.12 Paul and Gilbert Bardrick, Lot 32, Hillcrest Sub. No. 2 .................. ........f..,....,......... 94.08 Edger and Vera Tauke, Lot 33, Hillcrest Sub. No. 2..,. 41.32 Edger and Vera Tauke, Lot 34, Hillcrest Sub. No. 2...... 18.66 Sherman and Cath. Mayne, Lot 35, Hillcrest Sub. Na. 2 13.09 John Klinge, Lot 50, Hill- crest Sub. No. 2 .................... 13.09 John Klinge, Lot b1, Hill- crest Sub. No. 2 .................... 18.66 Iowa Impr. Company, S 50 ft, of Lot 55, Hillcrest Sub. No. 2 ........ ............................... 256.00 Iowa Impr, Company, N, 10 ft. of Lot 55, Hillcrest Sub. No. 2 ...................... r............. 23.52 Iowa Impr. Company, S. 40 ft, of Lot 56, Hillcrest Sub. No. 2 ..................................... 68.87 Iowa Impr. Company, N. 20 ft, of Lot 56, Hillcrest Sub. No. 2 .................................. 25.2] Tows Impr. Company, Lot 57, Hillcrest Sub. No. 2.......,.... 41.31 Iowa Impr. Company, Lot 68, Hillcrest Sub. No. 2 ............. 18.6f Dan. and Bessie Mihal, Lot 59, Hillcrest Sub. No. 2 .. ~.. 13.09 Iowa Impr. Company, S. 50 ft. of Lot 84, Hillcrest Sub. No. 2 ....................................... 256.00 Iowa Impr. Company, N. 10 ft. of Lot 84, Hillcrest Sub. No. 2 .... ................................ 23.52 Iowa Impr. Company, S. 40 ft. of Lot 83, Hillcrest Sub. No. 2 .... _ .............................. 68.87 Iowa Impr. Company, N. 20 ft. of Lot S3, Hillcrest Sub. No. 2 ........................................ 25.21 Iowa Impr. Company, Lot 82, Hillcrest Sub. No. 2 ............ 41.32 Iowa Impr. Company, S. 50 ft. of Lot 81, Hillcrest Sub. No. 2 ........................................ 16.13 Iowa Impr. Company, N. 10 ft. of Lot 81, Hillcrest Sub. No. 2 ....................................... 2.52 Iowa Impr. Company, S. 40 ft. of Lot 80, Hillcrest Sub. No. 2 . 9.06 Iowa Impr, Company, N. 20 ft. of Lot 80, Hillcrest Sub. No. 2 .............................._ 4.03 Iowa Impr. Company, Lot 1, Block 1, Hillcrest Park...... 243.60 Iowa Impr. Company, Lot 2, Block 1, Hillcrest Park_,._ 92.37 Iowa Impr. Company, S. r/z of Lot 3, Block 1, Hillcrest Park ............... ...................... 30.40 Iowa Impr. Company, N. ~/z of Lot 3, Block 1, Hillcrest Park ...... ..... ........................... 20.00 Iowa Impr. Company, Lot 4, Block 1, Hillcrest Park ..... 23.52 llubuque Homes Inc., Lot 5, Block 1, Hillcrest Park ..... 13.60 Iowa Impr. Company, Lot 6 Block 1, Hillcrest Park .... 5.65 Iowa Impr. Company, Lot 22, Block 1, Hillcrest Park ....,. 243.60 Iowa Impr. Company, Lot 21, Block 1, Hillcrest Park .._ 92.37 Iowa Impr. Company, Lot 20, Block 1, Hillcrest Park .... 50.40 Iowa Impr. Company, Lot 19, Block 1, Hillcrest Park...... 23.52 Iowa Impr. Company, Lot 18, Flock 1, Hillcrest Park ...... 13.60 Iowa Impr. Company, S. 1/z ~of Lot 17, Block 1, H411- crest Park .......,.._ ............... 5.65 Iowa Impr. Company, Lot 20, Block 4, Hillcrest Park....,. 60.40 Iowa Impr. Company, Lot 1, Block 4, Hillcrest Park..,:.. 243.60 Regular Session, 9ugust 1st, 1949 397 Iowa Impr. Company, Lot 2, Block 4, Hillcrest Park ...,. 92.37 Iowa Impr. Company, Lot 3, Block 4, Hillcrest Park ...,.. 50.40 Iowa Impr. Company, Lot 4, Block 4, Hillcrest Park ....,. 23.52 Iowa Impr, Company, Lot 5, Block 4, Hillcrest Park ...... 13.60 Dubuque County, Lot 6, Block 4, Hillcrest Park .,..., 5.65 Dubuque Homes Inc., Lot 22, Brock 4, Hillcrest Park...... 243.60 Dubuque Homes Inc., Lot 21, Block 4, Hillcrest Park ..... 92.37 Iowa Impr. Company, Lot 19, Block 4, Hillcrest Park ...... 23.52 Iowa Impr. Company, S. 25 ft. of Lot 18, Block 4, Hi11- crest Park ............................. 7.39 Iowa Impr. Company, N. 25 ft. of Lot 18, Block 4, Hill- ,: crest Park ............................ 6,21 Iowa Impr. Company, S. 25 ft. of Lot 17, Black 4, Hill• crest Park .......................... 5.65 Gay D. and Rue Spence, Lot 1, Block 5, Hillcrest Park 243.60 Gay D, and Rue Spence, Lot 2, Black 5, Hillcrest Park 92.37 Gay D. and Rue Spence, Lot 3, Block 5, Hillcrest Park 60.40 Larry D. Spence, Lot 4, Y,loclc 5, Hillcrest Park,..... 23.52 Dubuque Homes Inc., Lat 5, Block 5, Hillcrest Park....,. 13.60 Iowa Impr. Company, Lot 6, Block 5, Hillcrest Park...... 5.65 Gay D. and Rue Spence, E. 35 ft. of Lot 22, Block 5, Hillcrest Park .......... ....... 68.22 GaY D, and Rue Spence, E. 35 ft. of Lot 21, Block 5, Hillcrest Park ... ........ 25.87 Richard and Lorraine Di- desch, W. 90 ft. of Lot 22, Block 5, Hillcrest Park ... 17b.38 Richard and Lm~raine Di- desch, W. 90 ft. of Lot 21, Hillcrest Park ................... 66.53 Elmer J. and Ann M. Beck- ius, S. 40 ft. of Lot 20, Block 5, Hillcrest Park...... 43.69 Elmer J. and Ann M. Beck- ius, N. 10 ft, of Lot 20, Block 5, Hillcrest Park..... 6.72 Elmer J. and Ann M. Beck- -~ ius, Lot 19, Block 5, Hill• crest Park ........................... 23.51 Harry M, and Camille Wilt- sey, Lot 18, Block 5, Hi11• crest Park ........................... 13.59 Iowa Impr. Company, Lot 17, Block 5, Hillcrest Park ....., 5.64 Edgar J. and Vera Tauke, Lot 52, Hillcrest Sub. Na. ........ 41.31 2 .................. Arthur J. Rath, Lot 53, Hi11- crest Sub. No. 2 .................... 94.08 Iowa Impr. Company, Lot 54, Hillcrest Sub. Na. 2,..... 279.53 $6,788.09 All of which is assessed in pro- portion to the special benefits conferred. 2,004 Lin. Ft. Curb and Gutter @ $3.00 ..................$6,012.00 141 Lin. Ft. Radius Curb and Gutter @ $3.00..........,. 423.00 22 Sq. Yds. Driveway Con- crete @ $6.00 ................... 132.00 Extra Expense @ 2.5% 164.17 $6,567.00 Rnterest at 6% for 62 Days 66.92 $6,788.09 Passed, adopted and approved cnis 1st day of August, 1949. ALBERT WHARTON Mayor FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Councilman Welu moved the a- doption of the resolution. Seconded by Councilman Van Duelman. Car- Tied by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Proof of publication, certified to Uy the publishers, of notice of pub- lic hearing on the intention of the City Council to issue improvement bonds in the amount of $0,788.09 for the purpose of paying the coat of the improving of Hillcrest Road from the west property line of As- bury Road to the east property line of Avalon Road, presented and read. Councilman Welu moved that the proof of publication .be recei• ved and filed. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. 39g Regular Session, August tst, 1949 (Resolution Providing for the Is- suance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 218.49. WHEREAS, the contract hereto- fore entered into by the City of Du- buque for the improving of Hill- crest Road hereinafter described, has been completed and said im- provement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to .be $6,788.09 AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to provide for the cast of the improvement of Hillcrest Road from the West Prop- erty Line of Asbury Road to the East Property Line of Avalon Road there .be issued improvement bonds to the amount of $6,788.09. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 31st day of August, 1949, shall be in denominations of $600.00, except that there shall be one bond to the amount of $288.09. They shall be numbered from 4075 to 4088 inclusive and shall be divid- ed into ten series, of which the bond numbered 4075 shall consti- tute the first series and shall be payable the first day of April, A, D. 1950, the bond numbered 4076 shall constitute the second series and shall be payable the first day of April, A. D. 1951, the bond num- bered 4077 shall constitute the third series and shall be payable the first day of April, A. D. 1952, the bond numbered 4078 shall con- stitute the fourth series and shall be payable the first day of April, A. D. 1953, the band numbered 4079 shall constitute the fifth aeries and shall be payable the .first day of April, A. D. 1954, the bond number- ed 4080 shall constitute the sixth series and shall be payable the first day of April, A. D, 1955, the bond numbered 4081 shall constitute the seventh series and shall be payable the first day of April, A, D. 1956, the band numbered 4082 shall con- stitute the eighth series and shall be payable the first day of April, A. D. 1957, the ,bands numbered 4083 and 4084 shall constitute the ninth series and shall be payable the first day of April, A. D. 1956, the bonds numbered 4085, 4086, 4087 and 4088 shall constitute the tenth series and shall be payable the first day of April, A. D. 1959. Said bonds shall bear interest at the rate of five per cent. per an• uum which interest shall be pay able semi-annually, in accordance with the terms of the coupons thereto attached; and said bands shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: o . .................................. Series No ................................ CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A, D. 19......; or any time before that date at the option of the City, the sum of ......................_ HUNDRED DOLLARS with interest thereon at the rate of five per cent. per annum, payable on the presenter lion and surrender of the interest coupons hereto attached, both interest and principal are payable at the office of the City Treasurer in the City of Du- buque in the State of Iowa. This ,bond is issued by the City of Du- buque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said City, duly passed on the 1st day of August, 1949. This bond is one of a series of 14 bonds, 13 for $600.00 numbered from 4075 to 4087 Regular ticssion, August ist, 1949 399 inclusive, and one for $288.09 num- bered 4085, all of like tenor and date, and issued for the purpose of the improvement of Hillcrest Road from the West Property Line of Asbury Road to the East Property Line of Avalon Road and described in said resolution, which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on ali deferred payments at the rate of five per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recit- ed that ali the acts and conditions and things required to be done pre- cedent to and in the issuing of this series of bonds, have been done, happened and pzrformed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to .be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 31st day August, 1949, and has authorized the use of their fac-simile signature to the in- terest coupons hereto attached. Mayor City Clerk Countersigned (Seal) (FORM OF COUPON) O^ the ....._... day of ........A. D. 19.. ,the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bonds, the sum of Dollars, at the office of the City Treasurer in the City of Du- buque, being ...... month interest due that day on its ....... Bond No. ..... , dated ..............., 19..... .................................... Mayor City Clerk Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the Gity Clerk be and he is hereby instructed to register said bonds ih a book to be L-ept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and be is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to .be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds to be signed with the fac-simile signature of the Mayor and countersigned with the Yac- simile signature of the City Clerk. Approved: BE IT FURTHER RESOLVED, that as fast as funds allow, be- ginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 1st day of August, 1949. ALBERT WHARTON Mayor 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, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. State of Iowa 1 SS. County of Dubuque J I, Claude McDonald, do hereby certify that on July 15th, 1949, I posted copies of the attached No- tice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line oY 40o Regular Session, !august 1st, 194~~ improvement for the improvement of Hillcrest Road from the west property line of Asbury Road to the east property line of Avalon Road. Signed, Claude McDonald Subscribed and sworn to ,before me, John J. Shea, a Notary Public, this 15th day of July, 1949. John J. Shea Notary Public in and for Dubuque County, Iowa. Councilman Welu moved that the statement be received and made a matter of record. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Proof of publication, certified to by the publishers, of notice of levy of special assessment and intention of the City Council to issue bonds for the improvement of Ogilby Road from the south property line of Asbury Road to the north prop- rerty line of Hillcrest Rd., amount of assessment $5,119.67, presented amd read. Councilman Welu moved that the proof of publication be received and tiled. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, W~elu. Nays -None. Absent -Councilman Thompson. SCHEDULE OF ASSESSMENTS. Resolution No. 21919 Resolved by the City Council of the City of Dubuque: That to pay for the improving of Ogilby Road from the South Property Line of Asbury Road to the North Prop- erty Line of Hillcrest Road, by Thos. Flynn Coal Co., contractor, in front of and adl'oining the same, a special tax be and is hereby lew ied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Owner. Lot. Location. Assessment. Geo. G, and Elvira Staeck, Lot 42, Hillcrest Sub. No. 2 ..............................................$ 51.10 Fred G. Jungblut, Lot 43, Hillcrest Sub. No. 2 ............ 170.82 Louis F. Cox, Lot 44, Hill- crest Sub. No. 2 .................... 363.68 Walter H. Frederick, Lot 45, Hillcrest Sub. No. 2 ........... 181.61 Louis A. and Ruth T. Heine, Lot 46, Hillcrest Sub. No. 2 .............................................. 178.23 Frederick H. Plums and J. Sinhold, Lot 47, Hillcrest Sub. No. 2 ............................. 190.57 Iowa Impr. Company, Lot 48, Hillcrest Sub. No. 2......_.. 190.57 Iowa Impr. Company, Lot 49, Hillcrest Sub, No. 2..._...... 190.57 John Klinge, Lot 50, Hill- crest Sub. No. 2.._ ................ 178.23 John Klinge, Lot 51, Hi11• crest Sub. No. 2 _ ................. 178.23 Edgar J. and Vera Tauke, Lot 52, Hillcrest Sub'. No. 2 ............................t................. 178.23 Arthur J. Rath, Lot 53, Hill- crest Sub. No. 2.,...,...._...,.... 178.23 Iowa Impr, Company, Lot 54, Hillcrest Sub. No. 2....._.... 178.23 Iowa Impr. Company, S. 50 ft. of Lot 55, Hillcrest Sub. No. 2 .................................. 148.51 Iowa Impr. Company, N. 10 ft. of Lot 55, Hillcrest Sub. No. 2 ...................... ............. 29.72 Iowa Impr, Company, S. 40 ft. of Lot 66, Hillcrest Sd~b. No. 2 ................................ 131.17 Iowa Impr. Company, N. 20 ft, of Lot 56, Hillcrest Sub. No. 2 ...................................... 71.75 Iowa Impr. Company, Lot 57, Hillcrest Sub. No. 2............ 190.57 Iowa Impr, Company, Lot 58, Hillcrest Sub. No, 2 ......,.... 190.57 Dan and Bessie Mihal, Lot 59, Hillcrest Sub. No. 2_.... 190.57 Iowa Impr. Company, Lot 60, Hillcrest Sub. No. 2 ........... 190.57 Iowa Impr, Company, Lot 61, Hillcrest Sub. No. 2......_.... 190.57 Iowa Impr. Company, Lot 62, Hillcrest Sub. No. 2 .........., 190.56 Iowa Impr. Company, Lot 63, Hillcrest Sub. No. 2 ..._.... 190.56 Iowa Impr. Company, S. 50 ft. of Lot 64, Hillcrest Sub'. No. 2 ..................................... 160.85 Iowa Impr. Compauy, N. 10 ft, of Lat 64, Hfllcrest Sub. No. 2 ...................................... . 29.72 Iowa Impr. Company, Lot 65, Hillcrest Sub. No. 2 ........... 184.64 Clarence P, and Gertrude F. Pfohl, Lot 66, Hillcrest Sub. No, 2 .............................. 226.35 Regular Sessiol~, ~~ugust Ist, 1949 401 Carol E, and James L. Weber, Lot 67, Hillcrest Sub. No. 2 ............................. 259.20 Carol E. and James L. Weber, Lot 68, Hillcrest Sub. No. 2 _ ................., ........ 107.28 Harry L. and Fannie Cush- ing, Lot 69, Hillcrest Sub. No. 2 ............... ................... 28.21 Total ... ...............................$5,119.67 1,447 Lin. Ft. Curb and Gutter @ $3.00 ..................$4,341.00 148 Lin. Ft. Radius Curb and Gutter @ $3.00.......,.... 444.00 32 Sq. Yds. Driveway Con- crete @ $6.00 ................... 192.00 $4,977.00 Extra Expense @ 2% .-.. 99.54 Interest at 6% for 52 Days 4.13 $5,119.67 All of which is assessed in pro• portion to the special benefits conferred. Passed, adopted and approved this 1st day of August, 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. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Proof of publication, certified to by the publishers, of notice of pub- lic hearing of the intention of the City Council to issue improvement ,bonds in the amount of $5,119.67 for the pm•pose of paying the cost of the improving of Ogilby Road from the south property ]fne of Asbury Road to the north property line of Hillcrest Road, presented and read. Councilman Welu moved that the proof oP publication be re- ceived and filed. Seconded by Caun• Gilman Russo. Carried by the fol- lowing vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. (Resolution Providing for the Is• nuance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 220.49 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improving of Ogil- by Road hereinafter described, has been completed and said improve went has ,been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $5,119.67 AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council to issue bands to pay the cost of said improvement and a public hearing has been held pursuant therto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE• SOL.'ED by the City Council of the City of Dubuque that to pro vide for the coat of the improve- ment of Ogilby Road from the South Property Line of Asbury Road to the North Property Line of Hillcrest Road there be issued improvement bonds to the amount of $5,119.67 Said bonds shall be Issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 31st day of August, 1949, shall be in denomina• lions of $500.00, except that there shall be one bond to the amount of $119.67. They shall be number- ed from 4089 to 4099 inclusive and shall be divided into ten series, of which the bond numbered 4089 shall constitute the first series and shall be payable the first day of April, A. D. 1950, the bond num- bered 4090 shall constitute the second series and shall be payable the first day of April, A. D, 1951, the band numbered 4091 shall con• stitute the third series and shall ~oz Regular Session, August ist, u)~.~ be payable the first day of April, A. D. 1952, the bond numbered 4092 shall constitute the fourth series and shall be payable t h e first day of April., A. D. 1953, the bond numbered 4093 shall con• stitute the fifth series and shall be be payable the first day of April, A. D, 1954, the bond numbered 4094 shall constitute the sixth series and shall be payable the first day of April, A. D. 1955, the bond numbered 4095 shall consti- tute the seventh series and shall be apyable the first day of April,. A. D. 1956, the .bond numbered 4096 shall constitute the eighth series and shall be payable t h e first day of April, A. D. 1957, the bond numbered 4097 shall consti- tute the ninth aeries and shall be payable the first day of April, A. D. 1956, the bonds numbered 4098 and 4099 shall constitute the tenth series and shall be payable the first day of April, A. D. 1959. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be pay- able semiannually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be sub- stantially in the following form: No . ................................................ Series Na. CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, A, D. 19-; or any time before that date at the option of the City, the sum of ... ................... Hundred Dollars, with interest at the rate oP five per cent, per annum, payable on the presenta~ tion and surrender of the interest coupons hereto attached, both in- terest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and .by virtue of Chapter 396 of the Cade of Iowa, 194G, and in accordance with a resolution of the City Council of said City, duly passed on the 1st day of August, 1949. This bond is one of a series of 11 bonds, 10 for $500.00 num- bered from 4039 to 4098 inclusive, and one for $119.67 numbered 4099, all of like tenor and date, and issued far the purpose oP the im- provement of Ogilby Road from the South Property Line of As- bury Road to the North Property Line of Hillcrest Road and describ- ed in said resolution; which cost is assessable to and levied along said improvement, and is made by la.w a lien on all abutting or adja• cent property, and payable in ten annual installments, with interest on all deferred Payments at the rate of five per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series oP bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assess- ments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 31st day August, 1949, and has authorised the use of their fac-simile signa- ture to the interest coupons hereto attached. Mayor, City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the .........,..day of .................. A. D. 19-, the City of Dubuque, Iowa, promises to pay to the bear- Regular Session, <~ugtut 1st, 19(q :}03 er, as provided in the bond, the sunr of ..................Dollars, at the office of the Ctty Treasurer in the City of Dubuque, being ................ months interest due that day on its ........................Bond No. .. ......... , dated ................... 19-. Mayor. City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk .be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby in- structed to register said bands in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him far that purpose. BE IT FURTHER RESOLVED, that the City Treasurer .be and he is hereby instructed to sell said bonds in the manner provid- ed by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, Chat as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 1st day of August, 1949. Approved: ALBERT WHARTON Mayor. FRANK VAN llUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo moved the adoption of the resolution. Second- ed by Councilman VJelu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thomp- son. State of Iowa ss County of Dubuque I, Claude McDonald, do hereby certify that on July 15th, 1949, I posted copies of the attached No- tice of Levy of Special Assess- ment and Intention of the City Council to Issue Bonds along the line of improvement for the im- provement of Ogilby Road from the south property line of Asbury Road to the north property line of Hillcrest Road. Signed -Claude McDonald Subscribed and sworn to before me, John J. Shea, a Notary Public, this 15th day of July, 1949. (Seal) JOHN J. SHEA Notary Public In and For Dubuque County, Iowa Councilman Russo moved that the statement be received and made a matter of record. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None, Absent - Councilman Thomp- son. Proof of publication, certified to by the publishers, of notice of levy of special assessment and inten- tion of the City Council to issue bonds for the improvement of Valleyview Road from the west property line of Morningview Road to the east property line of Ava• ion Road, amount of assessment $3,389.40, presented and read. Councilman Welu 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, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son. SCHEDULE OF ASSESSMENTS Resolution No, 221--49 Resolved by the City Council of the City of Dubuque: That to pay 404 Regular Session, August 1st, 1949 for the improving of Valleyview Road from the West Property Line of Morningview Road to East Prop- erty Line of Avalon Road, by Thca. Flynn Coal Co., contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and For the several amounts set opposite each lot or parcel of real estate as follows: Owner. Lot. Location. Assessment. Iowa Impr. Company, Lot 1, Block 3, Hillcrest Park_...$247.71 Iowa Impr. Company, Lot 2, Block 3, Hillcrest Park...... 89.27 Iowa Impr. Company, Iot 3, Block 3, Hillcrest Park...... 48.69 Iowa Impr. Company, Lot 4, Block 3, Hillcrest Park...... 22.72 Iowa Impr. Company, Lot 5, Block 3, Hillcrest Park.:.... 8.10 Iowa Impr. Company, Lot 14, Block 3, Hillcrest Park...... 12.46 Iowa Impr. Company, Lot 15, Block 3, Hillcrest Park...... 22.72 Wallace & Jesse Mosely, Lot 16, Block 3, Hillcrest Park 48.69 Rob't C. and Jeanne M, O'Hearn, Lot 17, Block 3, Hillcrest Park ..................... 89.27 Vincent J. and Marguerite L. Schwartz, Lot 18, Block 3, Hillcrest Park .................. 247.71 Dubuque County, Lot 0, Block 4, Hillcrest Park...... 5.46 Iowa Impr, Company, Lot 7, Block 4, Hillcrest Park...... 13.14 Iowa Impr, Company, S. ~z of Lot 8, Block 4, Hillcrest Park .... ................................. 9.27 Iowa Impr. Company, N. 1/z of Lot 8, Block 4, Hillcrest Park ....................................... 13.45 Iowa Impr. Company, S. ~/z of Lot 9, Block 4, Hillcrest Park ..................................... 19.32 Iowa Impr. Company, N. 1/z of Lot 9, Block 4, Hillcrest Park ............................... 29.37 Iowa Impr. Company, Lot 10, Block 4, Hillcrest Park...... 89.27 Iowa Impr. Company, Lot 11, Block 4, Hillcrest Parr...., 247.71 Iowa Impr. Company, Lot 12, Block 4, Hillcrest Park...... 247.71 Iowa Impr. Company, Lot 13 , Block 4, Hillcrest Park.... 89.27 Iowa Impr. Company, Lot 14, Block 4, Hillcrest Park..,.., 48.09 Iowa Impr. Company, Lot 15, Block 4, Hillcrest Park .... 22.72 Iowa Impr. Company, N. ~ of Lot 16, Block 4, Hill- crest Park ............................ 7,14 Iowa Impr. Company, S. 1/z of Lot 16, Block 4, Hill- crest Park ........................... 6.94 Iowa Impr. Company, Lot 17, Block 4, Hillcrest Park ...,., 5.40 Iowa Impr. Company, Lot 6, Block 5, Hlllcrest Park ....,, 5.46 Iowa Impr. Company, Lot 7, Block 5, Hillcrest Park...... 13.14 Ida M. Blaine, Lot 8, Block 5, Hillcrest Park ................. 22.72 Dan and Bessie Mihal, Lot 9, Block 5, Hillcrest Park ..,... 48.09 Iowa Impr. Cornpany, Lot 10, Lot 5, Hillcrest Park ........ 89.27 Iowa Impr. Company, Lot 11, Block 5, Hillcrest Park.;.. 247.71 Iowa Impr. Company, Lot 12, Block 5, Hillcrest Park ...... 247.71 Iowa Impr. Company, Lot 13, Block 5, Hillcrest Pariq.... 89.27 Rob't J. and Florence H. Blosch, Lot 14, Block 5, Hillcrest Park ...................... 48,69 Iowa Impr. Company, Lot 15, Block 5, Hillcrest Park,..... 22.72 Iowa Impr. Company, Lot 16, Block 5, Hillcrest Park...... 13.14 Iowa Impr. Company, Lot 17, Block 5, Hillcrest Par)8.... 5.46 Iowa Impr. Company, Lot 1, Block 6, Hillcrest Park,..... 247.71 Iowa Impr. Company, Lot 2, Block 6, Hillcrest Park...... 89.27 Iowa Impr, Company, Lot 3, Block 6, Hillcrest Park...... 48.69 Iowa Impr. Company, Lot 4, Block 6, Hillcrest Park,_.... 22.72 Hattie Young, Lot 5, Block 6, Hillcrest Park ...................... 13.14 Iowa Impr. Company, Lot 0, Block 6, Hillcrest Park...... 4.81 Allen R. and Violet H. Mes- cher, Lot 17, Block 6, Hill- crest Park ............................ 8.71 C. Victor and Muriel Han• son, Lot 18, Block 6, Hill- crest Park ._ .......................... 13.14 C. Victor and Muriel Han- son, Lot 19, Block 6, Hill- crest Park ............................ 22.72 Iowa Impr. Company, Lot 20, Block 6, Hillcrest Parrr;_... 48.69 Iowa Impr. Company, Lot 21, Block 6, Hillcrest Park...... 89.26 Bert and Mathie Becker, Lot 22, Block 6, Hillcrest Park 235.24 $3,389.40 Regular Session, August 1st, 194.8 405 947 Lin. Ft. Curb and Gut- ter @ $3.00 ........................$2,841.00 118 Lin. Ft. Radius Curb and Gutter @ $3.00 .............. 354.00 14 Sq. Yds. Driveway Con- crete @ $0.00 ....................... 84.00 $3,279.00 Extra Expense @ 2'/z% ...... 81.98 Interest at 6% for 62 Days 28.42 $3,389.40 All of which is assessed in pro. portion to the special benefits conferred. Passed, adopted and approved this 1st day of August, 1949. ALBERT WHARTON Mayor. ROMOLO N. RUSSO FRANK VAN DUELMAN CLARENCE P. WELU Councilmen Attest: J. J. SHEA City Clerk, Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Van Duel• man. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays-None. Absent-Councilman Thompson. Proof of publication, certified to ny the publishers, of notice of public hearing of the intention of the City Council to issue improve- ment .bonds in the amount of $3,- 389.40 for the purpose of paying the cost of the improving of the Valleyview Road from the west property line of Morningview Aoad to the east property line of Ava- !on Road, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman welu. Cori°ied by ,the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son. (Resolution Providing for the Is- suance of Public Improvement Bonds.) CITY OF DUBUQUE RESOLUTION N0. 222-49 WHEREAS, the contract hereto- fore entered into by the City oY Dubuque for the improving of Val- leyview Road hereinafter described, has been completed and said im- provement has .been accepted by the City Council of sa[d City and the City Engineer has computed the cost and expense thereof to be $3,389.40. AND WHEREAS, public notice as provided by law, has been pub. lished by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE• SOLVED by the City Council of the City oP Dubuque that to provide for the cost of the improvement of Valleyview Road from the West Property Line of Morningview Road to the East Property Line of Avalon Road there •be issued im- provement bonds to the amount of $3,389.40. Said bonds shall be issued under the provisions of Chapter 396 of the code of Iowa, 1946; shall bear the date of the 31st day of August, 1949, shall be in denominations of $304.00, except that there shall be one bond to the amount of $89.40. They shall be numbered from 4100 to 4111 inclusive and shall be divid- ed into ten series, of which the bond numbered 4100 shall consti• tute the first series and shall be payable the first day of April, A. D. 1950, the band numbered 4101 shall constitute the second series and shall be payable the first day of April, A, D, 1951, the bond number- ed 4102 shall constitute the third series and shall be payable the first day of April, A, D. 1952, the bond numbered 4103 shall constitute the fourth series and shall be payable the first day of April, A. D. 1953, the bond numbered 4104 shall con. stitute the fifth series and shall be payable the first day of April, A. D. 1954, the bond numbered 4105 shall constitute the xixth series and shall be payable the first day of April, A. D. 1955, the bond num- bered 4108 shall constitute the seventh series and shall be pay. able the first day of April, A. D. 406 Regular Session, August 1st, 1949 1956, the bond numbered 4107 shall constitute the eighth series and shall be payable the first day of April, A. D. 1957, the bond number- ed 4108 shall constitute the ninth series and shall be payable the first day of April, A, D. 1958, the bonds numbered 4109, 4110, and 4111 shall constitute the tenth series and shall be payable the first day of April, A. D. 1959. Said bonds shall bear interest at the rate of five per cent. per an- num which interest shall be pay- able soma-annually, in accordance with the terms oP the coupons thereto attached; and said bonds shall .be payable out of the pro- ceeds of the special assessment levied far said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No. Series No . ............................ CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A. D. 19....; or any time before that date at the option of the City, the sum of ....................HUNDRED DOLLARS with interest thereon at the rate of five per cent. per annum, payable on the presentation and surrender of the interest coupons hereto at• tached, both interest and principal are payable at the office of the City Treasurer in the City of Du• •buque in the State of Iowa, This bond is issued by the City of Du• buque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1940, and in accordance with a resolution of the City Council of said City, duly passed on the 1st day of August, 1949. This bond is one of a series of 12 bonds, 11 for $300.00 numbered from 4100 to 4110 inclusive, and one for $89.40 num- bered 4111, all of like tenor and date, and issued for the purpose of the improvement of Valleyview Road from the West Property Line of Morningview Road to the East Property Line of Avalon Road and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with in- terest on all deferred payments at the rate of five per cent, per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done prece• dent to and in the issuing of this series of ,bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and pay ment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevo- cably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed .by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 31st day August, 1949, and has authorized the use o4 their fac-simile signature to the in• terest coupons hereto attached. Mayor .................................... City Clerk ...................................... Countersigned (Seal) (FORM OF COUPON.) On the ..........day of ............A. D. 19.........., the City of Dubuque, Ia., promises to pay to the bearer, as provided in the bond, the sum of Dollars, at the office of the City Treasurer in the City of Dubuque, being ...,.... months in- terest due that day on its ...,........ Bond No........ ,dated ........... , 19....... Mayor ...................................... City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared Regular 5essiou, August 1st, 1949 407 and when so prepared to execute said bonds, and that the City Clerk be and be is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED that the interest coupons attached to the bonds be signed with fac- simile signature of the Mayor and countersigned with the fac-simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as Funds allow,~begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered, Adopted this 1st day of August, 1949. Approved: ALBERT WHARTON Mayor FRANK VAN DUELMAN ROMOLO N. RUSSO. CLARENCE P, WELU Attest: J. J. Shea City Clerk. 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, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. State of Iowa County of Dubuque I, Claude McDonald, do hereby certify that on July 15th, 1949, I posted copies of the attached No• tics of Levy of Special Assessment and Intention of the City Council to Issue Bands along the line of improvement for the improvement of Valleyview Road from the west property line of Morningview Road to the east property line of Avalon Road. Signed Claude McDonald Subscribed and sworn to before me, John J, Shea, a Notary Public, this 15th day of July, 1949. (Seal) John J. Shea Notary Public in and tar Dubuque County, Iowa Councilman Van Duelman moved that the statement be received and made a matter of record. Seconded by Councilman Russo, Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Counci]• men Russo, Van Duelman, Welu. Nays -None, Absent -Councilman Thompson. Messrs J. V. Keppler, M. L. Kapp and others addressed the Council with reference to the type of pave• ment to be laid on Dunleith Street. Communication of the Holl De- signing Company submitting a mod- ification of proposal dated July 15, 1949 for engineering services East 14th Street Overpass, presented and read. Mr. Pau] Roasiter addres- sed the Council in support of the communication. Councilman Van Duelman moved that the contract for engineering services for the construction of overpass on East 14th Street and Railroad Tracks be awarded to the Holl Designing Company and the proper proceed- ings ordered prepared. Seconded by Councilman Welu. Carried .by the following vote: Yeas -Mayor Wharton, Council- men Van Duelman and Welu. Nays -Councilman Russo. Absent -Councilman Thompson. 408 Regular Session, August 1st, 1949 State of Iowa Secretary of State Des Moines, Iowa July 18, 1949 Mr. J. J. Shea City Clerk. City oP Dubuque Dubuque, Iowa Dear Sir: We are in receipt of your letter of July 13, 1949 together with a transcript of the Council proceed- ings of the meeting of November 29, 1948, and also a plat in connec- tion with the annexation of terri- tory to the City of Dubuque, Iowa. Same have been filed in this of- fice. Sincerely yours, Melvin D. Synhorst Secretary of State Clarice L. Hayes Chief Clerk State Land Office Councilman Welu moved that the communication be received and made a matter of record. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Councilman Welu moved that the City Solicitor be instructed to pre- Bare an amendment to Ordinance No. 159 for the purpose of ex- tending the precinct lines of the Fourteenth Precinct. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Dubuque, Iowa, July 19, 1949. To the Honorable Mayor, City Council and City Manager Dubuque, Iowa Gentlemen: Attached is copy of Arthur An- dersen's report on calculations of Fuel Clause Adjustment as of June 30, 1949 in accordance with Ordi• nonce No. 10.49 which is self ex- planatory. Yours truly, The Key City Gas Company Richard V. McKay SecretaryManager Councilman Van Duelman moved that the communication be receiv- ed and made a matter of record and the report placed on file. Seconded by Councilman W e 1 n, Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son. Communication of the Central Avenue Business District Council stating that the collection and dis- posal of garbage by contract haul- ers is not to be recommended, but rather that the City of Dubuque investigate the possibilities of the City handling this collection, pre- sented and read. Mayor Wharton moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son. Communication of County Audit- or Daykin advising that the Bd. of Supervisors has accepted an offer of $50.00 on Lot 140 Mechanics Addition made by Clifford E. Bead- le, presented and read. Councilman Welu moved that the communica- tion be referred to the Council to view the grounds. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son. Communication of John J. Breit- bach stating that he is interested in buying Lots No. 138 and 139 of Mechanics Addition located at Na• pier and Foye Streets, presented and read. Councilman Welu moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu... Nays -None. Absent -Councilman Thompson. Regular Session, .'lugust 1st, 19gg q.a; Communication of Dr, B. B. Bahme with reference to the odor from the outdoor toilet on the prop- erty of John Kass at 839 Disney Street and asking that something be done about this condition, pre- sented and read. Councilman Van Duelman moved that the communi- cation be referred to the Health Department for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson, Petition of Ed. E. Krumbach and others requesting that street lights be installed on West Third Street from Grandview Avenue to Algona Street,- presented and read. Coun- cilman Russo moved that the petition be referred to the Council to view the grounds. Seconded by Councilman We1u. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Naps -None. Absent -Councilman Thompson. Petition of Fay Miller requesting permission to build a sanitary sew- er from the present wet well in Stotmore and Marion Streets to serve his property fronting on Mar- ion Street westerly oP Stetmore Street, presented and read. Coun- cilman Russo moved that the peti- tion be referred to the Council to view the grounds. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None, Absent -Councilman Thompson. Petition of Thoe. Kalloway and others requesting the construction of curb and gutter on Southern Avenue, presented and read. Coun- cilman Russo moved that the peti- tion be referred to the Council to view the grounds. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Petition of the Chicago, Burling• ton & Quincy Railroad Company re- questing that a space forty Yeet long be marked off and designated for a bus stop directly across from the Bus Station on Third Street, presented and read. Councilman Van Duelman moved that the re- quest be granted. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu, Nays -None. Absent -Councilman Thompson. Petition of Phillip and Ellas Mi- halakis, owners of Mineral Lots 294, 295, Lot 1 of Mineral Lot 296, Lot 2 of Mineral Lot 296, and Min- eral Lot 297, requesting the City Council to reconsider previous ac- tions taken in the proposed con• struction of a small boat harbor and further to direct the Dock Board and the City Solicitor to Lake no action far the condemna- tion of their above mentioned lands, presented and read. Attor- ney Thomas H. Nelson addressed the Council in support of the peti• tion. Mayor Wharton moved that the petition be referred to the Bock Board for investigation and report. Seconded by Councilman Russo. Carried by the following vote; Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Petition of Mrs. John Gilligan and others requesting the rezoning of the property located at 1065 Loras Boulevard from Single Fam- ily Residential District to Multiple Residential District, presented and read. Councilman Welu moved that the petition he referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Petition of James C. Healy and others, employees of the Federal Government, with reference to the proposed parking restrictions on Bluff Street from 1st Street to 4th 41o Regular Session, August 1st, 1949 Street, and asking Council to res- cind their action preparatory to closing Bluff Street from 1st Street to 4th Street to all day parking, presented and read. Messrs Edward J. Hoffman and others addressed the Council in support of the peti- tien. Councilman Russo moved that the petition be referred to the Chief of Police for investigation and report. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Petition of B. M. Jaeger and others requesting the installation of a street light on the corner of Jenni and Lombard Streets, pre- sented and read. Councilman Russo moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Petition of Alvin Maus and oth- ers, property owners in the 700 block on Edith Street, requesting the widening of said street and the construction of curbing and side- walks in this block, presented and read. Councilman Van Duelman 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, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Petition of Mrs. Anna Harvey and others with reference to the City taking the necessary steps to eliminate the smoke and soot nuisance coming from the Beatrice Creamery Company, presented and read. Mayor Wharton moved that the petition be referred to the Chief of Police far investigation and report. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Petition of Wilfred J. White of 1133 Locust Street requesting per- mission to cut a driveway into his property from Locust Street, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Seconded by Council- man We1u. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Petition of the Dubuque Awning and Tent Co. withdrawing their pe- tition filed before the City Council on July 9th, 1949 and substituting a petition asking for permission to erect a canvass sidewalk canopy from the building to within one foot of the curb line as 222 West 7th Street, the canopy to be con- structed and erected with a galva• nized framework to be fastened solid at the building line with two pipe supports at a point within approximately one foot of the curb line, presented and read. Mr. C. P. Frommelt and Mr. Edward McDer- mott, Attorney, addressed the Council in support of the petition. Councilman Russo moved that the petition be referred to the City Solicitor for investigation and re- port, the motion received no sec- ond. Councilman Welu moved that the City Solicitor be instructed to draw up an ordinance covering the erection of canopies. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. August 1, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Relative to the petition of the Dubuque Awning and Tent Compa- ny for permission to erect a canvas canopy at 222 West Seventh Street supported at the building by an• chors and supported at the curb by iron posts, I recommend that this petition be denied for the fol• lowing reasons: It would be an obstruction in the Regular Session, Augtict 1st, 1949 411 public street by reason of the posts that are used for support. The canopy would require con• slant maintenance in the winter time to keep the snow off of it and prevent water from melting snow dripping on pedestrians. The granting of this request could establish a precedent and could occasion the request for sev- eral such uses. The Building Code does not def- initely cover this type of construc• lion and therefore would not apply. I have consulted with the petir boner and City Solicitor in this request. Respectfully submitted, Donald J. Bandy, Building Commissioner. Councilman Russo moved that the recommendation of Building Commissioner Bandy !be received and made a matter of record. Sec- onded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. Ordinance No. 28.49. An Ordi- nance establishing a grade o n Balke Street from the north prop- erty line of Strauss Street tc the south property line of Groveland Flace, said ordinance having been passed upon first reading on July 18th, 1949 and ordered placed on file with the City Clerk far public inspection for at least one week before its final adoption, was pre- sented far final adoption. ORDINANCE NO. 28.49 An Ordinance Establishing a Grade on Balke Street from the North Property Line of Strauss Street to the South Property Line of Groveland Place. Be it Ordained by the City Council of the City of Dubuquo: SECTION 1. That a grade on Balke Street from the north prop- erty line of Strauss Street to the south property line of Groveland Place be and the same is hereby established and adopted as shown •by the profile of said street and grade prepared by the City En- gineer, being profile number 1335. Bench Mark• Paint of Arrow on tap of fire i ydrant located at the intersection of Goethe Street and Ealke Street, elevation 737.66 feet above mean sea level. Said grade begins at the north property line of Strauss Street, which is station 0 plus 00, west curb elevation 718.90, east curb elevation 718.60; thence to station 0 plus 50, east and west curb elevations 719.25; thence to station 1 plus 00, east and west curb elevations 719.95; thence to station 1 plus 50, east and west curb elevations 721.35; thence to station 2 plus 50 east and west curb elevations 724.85, the south property line of Law• ther Street; thence to station 3 plus 00, the north property line of Lowther Street, east and west curb elevations 725.80; thence to station 4 plus 00, east and west cunb elevations 731.40; thence to station 4 plus 50, east and west curb elevations 734.20; thence to station 5 plus 00, east and west curb elevations 733.75; thence to station 5 plus 50, the south prop- erty line of Goethe Street, east and west curb elevations 733.30; thence to station 6 plus 00, the north property line of Goethe St., east curb elevation 733.00, west curb elevation 733.30; thence to station 6 plus 50 east and west curb elevations 733.85; thence to station 7 plus 00, east and west curb elevations 734.40; thence to station 7 plus 6Q east and west curb elevations 735.21; thence to station 8 plus 00, east and west curb elevations 736.58; thence to station 8 plus 50, east and west curb elevations 738.48; thence to station 9 plus OD, east and west curb elevations 740.93; thence to station 11 plus 25, west curb eleva• lion 753.17. SECTION 2. This ordinance shall be in force and take effect ten (10) days from and after its final passage and adoption by the City Council and publication as provid- ed by law. Passed upon first reading July 18th, 1949. 412 Regular Session, August 1st, 1949 Passed, adopted and approved August 1st, 1949, ALBERT WHARTON Mayor. 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 4th day of August, 1949. J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thomp• son. Ordinance No. 29.49. An Ordi- nance designating the intersection at Main and First Streeta as a stop intersection, providing for the erection of stop signs, and penalty for the violation thereof, said ordi• nance having been passed upon first reading on July 18th, 1949, and ordered placed on file with the City Clerk for public inspection I for at' least one week before its ~ Yinal adoption, was presented for final adoption. Ordinance No. 29 • 49 ~' An Ordinance Designating the In- tersectien at Main and First Streets as a Stop Intersection, Providing for the Erection of Stop Signs, and a Penalty for the Violation Thereof. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That the intersection of Main Street and First Street in the City of Dubuque be, and the same is hereby designated as a stop intersection. Section 2. That stop signs shall be erected on First Street on both sides of Main Street, and all vehi- cles shall come to a full stop before entering and traversing Main Street from First Street, Section 3. That any person, firm or corporation violating the pro• visions of this ordinance shall be deemed guilty of a misdemeanor 'and upon conviction shall be pun• fished by fine not to exceed $100.00 and by imprisonment oP not more than 30 days. Section 4. That any and all ordi- nances or parts thereof in con- flict herewith are hereby repealed. Section 5. This ordinance shall be in force and effect ten days from and after its final passage, adoption and approval by the City Council and publication as by law provided. Passed upon first reading this 18th day of July, 1949. Passed, adopted and approved upon final reading this 1st day of August, 1949. ALBERT WHARTON Mayor. 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 4th day of Auguat, 1949. J. J. SHEA, City Clerk, Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None, Absent - Councilman Thomp• son, Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of June, 1949, presented and read. Council- man Russo moved that the proof of publication be received and filed. Seconded .by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son. Regular Session, August 1st, 1949 413 Dubuque, Iowa July 22, 1949. To the Honorable Mayor and Members of the Ctty Council Dubuque, Iowa Gentlemen: In accordance with the provi• lions of the Code of Iowa, 1946 the Civil Service Commission con• ducted a promotional examination on April 28th, 1949, for those seek- ing promotions on the Fire Depart- ment. The following are those w h o passed with an average of 70 per cent or better. All promotions on the Fire Department should be made from this list. Captains Clarence H. Kearney 90 percent Ben J. O'Leary 89 percent Edw. L. Gerhard 85 percent Vincent G. Weber 85 percent Robt. N. Dunphy 84 percent Lieutenants E. J. Flick 93 percent Vincent Kalb 90 percent Leo J. Chambers 89 percent Leroy J. Hantelman 89 percent Wm. J. Lynch 86 percent John V. Reimer 80 percent Engineers V. Phillips 86 percent Frank R. Kaiser 81 percent Francis L. McDermott 78 percent Respectfully submitted, C. S. Harker Chairman. R. M. Benn E. B. Lyons Commisisoners Subscribed and sworn to before me this 26th day of July, 1949. Geraldine L. Jenni Notary Public. Councilman Van Duelman moved that the report cf the Civil Ser• vice Commission be received and made a matter of record. Second• ed .by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp• son. Jnly 22, 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 a promotional examination on April 28th, 1949, for those seeking pro- motions on the Police Department. The following are those who passed with an average of 70 per cent or better. All promotions on the Police Department should be made Prom this list. Hugh Callahan 94 per cent Fred M, Voels 93 per cent Darrell M. Kilby 89 per cent Russel K. Fullerton 87 per cent Byrne O'Brien 86 per cent Wilfred J. Andresen 86 per cent Percy Lucas S5 per cent John J. Dolan 85 per cent J. F. Donahue 85 per cent Leo W. Kueper 83 per cent Harry Funk 83 per cent John Davis 83 per cent Geo. Schlegel 80 per cent Respectfully submitted, C. S. Harker Chairman R. M. Benn E. B. Lyons Commissioners Subscribed and sworn to before me this 25th day of July, 1949. Geraldine L. Jenni Notary Public 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 vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. July 16, 1949 Mr, A. A. Rhomberg City Manager Dubuque, Iowa Dear Sir: At last night's meeting of the Manning & Zoning Commission Section "5829-B2-Hearings" of the Code was read by Mr. Bissell. This indicates that a public hearing should be held before adoption of the Master Plan by the Commis- sion. "After adoption by the Com• mission, an attested copy thereof shall be certified to the council and the council may ap- prove same etc:' The Planning & Zoning Commis• 414 Regular Session, August 1st, 1949 lion does not wish to hold a hear- ing until the Plan and Report have been scrutenized .by the Council. The Secretary was instructed to request your assistance in arrang• ing a meeting of the Planning & Zoning Commission and City Coun- cil. If time is sufficient, naturally we would like to have Mr. Hartzog present at this meeting. Thanking you, we remain, Yours very truly, The Dubuque Planning & Zoning Commission By Richard V. McKay Secretary Councilman Van Duelman moved that the communication be receiv- ed and made a matter of record and that a meeting be scheduled upon the next appearance of Mr. Hartzog in the City. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. August 1, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Reforring to petition of Herman Brockman et al. requesting vacs~ lion of alley which runs northward from Levi between Sullivan and Lorrimer Streets, the Planning and Zoning Commission respectfully suggests that until this newly open- ed tract is more fully developed, it would be a mistake to vacate any City owned property, and therefore recommends that the petition be denied. Yours truly, Dubuque Planning & Zoning Commission Richard V. McKay Secretary Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission .be approved. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. August 1, 1949 To the Honorable Mayor and Gity Council Dubuque, Iowa. Gentlemen: The Planning and Zoning Com• mission respectfully recommends to your Honorable Body the re- zoning of the property at the north- west corner of Centro] Avenue at 32nd Street known as the Heim Brickyards as follows: Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Heim Sub-now Single Family; Lots 2 of 2 and 2 of 1 of 2 of Mineral Lot 363-now Local Business and Multiple Fam• ily, all to Light Industrial classifica- tion. This will open an extended area to Light Industry and should prove advantageous in the development of Dubuque. Yours truly, Dubuque Planning & Zoning Commfssion Richard V. McKay Secretary Councilman Welu moved that the recommendation of the Planning & Zoning Commission be approved and the proper proceedings ordered prepared. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. August 1, 1949 To the Honorable Mayor and City Council Dubuque, Iowa, Gentlemen: Any objection on the part of St. Anthony's Parish having been re- moved by Msgr. Foley's letter ad- dressed to the Planning and Zon- ing Commission dated July 25, 1949, the Planning and Zoning com• mission respectfully recommends that the area bounded by Seminary, Ambrose, Rosedale and Avoca Streets be rezoned to Multiple Res• Bence classification. Yours truly, Dubuque Planning & Zoning Commission Richard V. McKay Secretary Councilman Van Duelman moved that the recommendation of the I ~ ~` r ii it Regular Session, August 1st, tc~9 415 Planning and Zoning Commission be approved and the proper pro- ceedings ordered prepared. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. July 27, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the communi- cation of the Dubuque Branch No. 257, National Association of Letter Carriers in regard to vicious dogs running loose in the city of Du- buque, which has been referred to me far investigation and report, I wish to report as follows. Ordinance No. 72-A, -passed in 1921, printed in Council Record No. 51, page 120, provides, among other things, as follows; "Par 525-A, Vicious Dogs. Sec. VII. Any dog shown to be vicious or otherwise dangerous to the com- munity, whether licensed or not, is hereby declared to constitute a nuisance, and may, if found running at large, be taken up and held at the pound for a period provided far in Section Six hereof, and the own- er of such dog, if known, shall be notified of such impounding, and upon payment of the penalty in said section named, said dog may be surrendered to such owner. In case of emergency, however, such vicious or dangerous animal may be instantly killed by an officer or oth- er person having reasonable cause to fear injury to any human being because of such dog. Evidence showing that any dog has previous- ly bitten any one without provoca- tion, or habitually snaps at or at• tacks persons, shall be presumptive as to the vicious nature of such animal. "Par 526-A. Shall not Run at Large. Sec. VIII, It shall be unlaw- ful for any person, owning or har- boring any dog, found tc be a nui- sance as herein defined, to permit such dog to run at large, that is to say, such dog shall be kept securely tied or otherwise under control, so that persons lawfully on the public street or highways or on the prem- ises of the owner of said dog shall be safe from attack. Provided that any dog duly licensed may be per- mitted to run at large, if he is securely and safely muzzled while thus at large." Ordinance No. 4.1933, at page 79 of the Council Records of 1933 pro- vides as follows: "DOGS" "1. A dog or bitch licensed to run at large shall have the current li- cense tag which has been issued by the City Manager securely fas- tened to its collar and any dog not having such tag shall .be treated as an unlicensed dog. An unlicensed dog may be empounded in the City Pond by an officer or person and confined therein for a period of forty-eight (4S) hours. If the ani- mal is not claimed by its owner within said time and the license fee paid, together with a fee of One Dollar for keeping the same, it shall be killed. A dangerous or vicious dog, whether licensed or not, may be empounded and kept for the period above stated and if not claimed by the owner within said time it shall be killed. In case of emergency, however, and in order to protect Life or Property, such an animal may be instantly killed by an officer or any other person having cause to fear injury from the same. The owner of any dog or bitch shall not permit the same to run at large and failure to confine such animal upon the premises shall subject the owner to the penalty herein provided for." " 2. DOGS RUNNING AT LARGE. Dogs running at large shall mean any dog or bitch which is not con- fined upon the premises of the own- er." This is the law as passed .by the City Councils of the City of Dubuque during the past number of years. Yours truly, John J. Kintzinger City Solicitor Councilman Welu moved that a copy of the report of the City Solicitor be referred to the Chief 4~6 Regular Session, August 1st, 1949 = Regular Session, August 1st, 1949 41~ of Police for enforcement. Second• ed by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. July 25, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Melvyn B. Kurt for $60.00 damages caused by the storm sewer flow~ [ng into the sanitary sewer and emptying Into the basement oY claimant, I find that this sewer has been in this condition for some years, that claimant has made com- plaints to the City a number of times and nothing has been done, and that this is the sixth time the sanitary sewer backed into his basement causing the damages complained of. That the damages consist of labor in cleaning the basement, damage to woodworking tools, piano, furnace and other an tides in the sum of $60.00. I think the amount is reasonable, and I recommend that a warrant be is- sued payable to claimant's order for $60.00, and that the same be delivered to him upon delivery to the City of a release properly exe• cuted by him. Yours truly, John J. Kintzinger City Solicitor Councilman Welu moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $60.00 in favor of Melvyn B, Kurt, as settle- ment in full of his claim, and that said warrant be delivered upon re- ceipt by the City of Dubuque of a properly executed release, Second- ed ,by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. July 22, 1949 Ignorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the "APPLICA• TION FOR RETAIL CIGARETTE PERMIT" of the Martin Oil Com- pany which has been referred to me for investigation and report, I find that the Application is in due form and that a Band is filed as required by the statute, and there- fore, Applicant is entitled to a per- mit to sell cigarettes. The fact that Applicant was convicted in Police Court on a charge of selling ciga- rettes without a license has no bearing on the present application. An appeal is pending from said conviction. Yours truly, John J. Kintzinger City Solicitor Councilman Russo moved that the report of City Solicitor Kint• zinger be received and made a mat- ter of record. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays None. Absent -Councilman Thompson. RESOLUTION N0. 223-49 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. Angela E. Martin, 280 Locust St. BE IT FURTHER RESOLVED that the bond filed with the appli- cation be approved. Passed, adopted and approved this 1st day of August, 1949. ALBERT WHARTON Mayor 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 Mayor Wharton. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson, August 1, 1949 To the Honorable Mayor and City Council pubuque, Iowa. Gentlemen: Pursuant to your instructions and after consulting with the Aviation Committee of the Chamber of Com- merce, the city solicitor, secretary of chamber of commerce and I attended the pre-hearing confer- ence on the Parks Investigation Case, Docket No. 3965, in Washing- ton, D. C, on July 18, 1949. The report of the examiner is submitted herewith. It is to .be noted that the hearing on the mat- ter is to be he]d September 26, 1949 in Washington, D. C. It is felt that the interest shown by the various cities on the routes involved has gromoted early consideration by the Civil Aeronautics Board. Respectfully submitted, A. A. Rhomberg, City Manager Councilman Van Duelman moved that the communication of City Manager Rhomberg be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson, August 1, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bond and de• sire to have your approval on same for filing: EXCAVATION Linehan & Molo, 135 West 5th Street, Bond No. 28214-12.583-38, U. S. Fidelity and Guaranty Co. Respectfully submitted, A. A. Rhomberg, City Manager Councilman Van Duelman movet that the bond be approved ani placed on tile. Seconded by Council• non Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. August 1, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of July 5th the petition of 0. E. Brown and others asking for relief from the parking restrictions on lower Main and Shields Streets was referred to me for clarification of the wishes of the petitioners. I have contacted some of the petitioners directly and others through the Police Department. It appears that this district, which is principally a wholesale and ware- house area, requires longer than one hour parking period. Therefore, I recommend that the one hour parking limitation be changed to two hours on Main and Shields Streets from First Street to Jones Street. Respectfully submitted, A. A. Rhomberg, City Manager, Councilman Welu moved that the recommendation of City Manager Rhomberg be approved and the proper proceedings ordered pre• pared. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. July 20, 1049 To the Honorable Mayor and City Councii, Dubuque, Iowa. Gentlemen: This is to advise that the con• struction of the Bradley Street sew- er, lift station and force main under contract with the Larson Construc- tion Company has been completed ]n accordance with the plans and speoffications. I, therefore, recom- mend the acceptance of this work, Respectfully submitted, A. A. Rhomberg, City Manager. 4i8 Re;;ular Session, August 1st, 1949 Councilman Welu moved that the recommendation oP City Manager Rhomberg be approved. Seconded by Councilman Van Duelman, Car- ried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 224-49 WHEREAS, the contract far the constriction of sanitary sewers and appurtenances in what is known as the Bradley Street Sewer Dis- trict as delimited by Ordinance No. 23-48. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main for the Bradley Street Sewer Dis- trict. The eight (8) inch sewer line begins at the lift station locat- ed on the center line of the alley first south of Bradley Street 227 feet westerly oP the west line of Henderson Street and proceeds easterly along the center line. of said alley to a point opposite the line between lots numbered 14 and 15 of Block 9 of Grandview Park; also an eight (8) inch sanitary sew- er beginning at said lift station and proceeding northerly across lot numbered 6 of Block 10 of Grand- view Park along a line five feet westerly from and parallel to the easterly lino of said lot to manhole number 4 at the center of Bradley Street; thence westerly along the center line of Bradley Street to a point opposite the center line of lot 47 of Grandview Place; also an eight (8) inch sanitary sewer from manhole number 4 northerly a dis- tance of 16 feet; thence easterly in Bradley Street along aline 9 feet south of and parallel to the northerly line of Bradley Street to a point opposite the line between lots numbered 22 and 23 of Black 3 oP Grandview Park. The six (5) inch cast iron force main begins at the lift station and proceeds easter- ly along the alley first south o! Bradley Street to a point in Hen- derson Street lb feet west of the east line of said street; thence northerly in Henderson Street to the existing sanitary sewer to Grandview Avenue; also an eight (8) inch vitrified sewer pipe over- flow line begins at said lift station and proceeds in a southerly direc- tion across portions of lots number• ed 22, 23, 24 and 25 of Block 10 of Grandview Park, across vacated Perry Street and continuing across a portion of lots numbered 8, 9, and 10 of Block 11 of Grandview Park, across the vacated alley between Blocks 11 and 17 of Grandview Park and continuing across a por- tion of Block 17 of Grandview Park to its terminal point at a distance of 532 feet from said lift station. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten• tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage pro- vided for therein. Regular Session, August 1st, 1949 419 Passed, adopted and approved this 1st day of August, 1949, Approved: ALBERT WHARTON Mayor. FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk. . Councilman Welu moved the a- doption of the resolution. Seconded ' by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. August 1, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Simpson Street (north side) from the west prop- erty line of Fremont Avenue to the east property line of Cross Street with cunb and. gutter, under con- tract with Thos. Flynn Coal Com- e pony, has been completed in ac• cordance with the plans and speci- fications. I therefore recommend the acceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Russo moved that the recommendation of City Man- ager Rhomberg be approved. Sec• onded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 225-49 WHEREAS, the contract for the improvement of Simpson Street (north side) from the west proper• ty line of Fremont Avenue to the east property line of Cross Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager .be approved and that said improvement be and the same is hereby accepted and the City Engineer be and ho is hereby di• rected to prepare a plat and xched- ule showing the lots or parcels oP real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is. hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above improvement in amount equal to the amount of his contract, leas any retained percentage provided for therein. Passed, adopted and approved this 1st day of August, 1949. Approved: ALBERT WHARTON Mayor. 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, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. August 1, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Crass Street (east side) from the south property line 4zo Regular Session, August 1st, 1949 of Coates Street to the north prop- erty line of Simpson Street with curb and gutter, under contract with Thos. Flynn Coal Company, has been completed in accordance with the plans and specifications. I therefore recommend the accept- ance of this work. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Welu. Car- ried •by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 226.49 WHEREAS, the 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 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been complet- ed according to the terms oP the contract, plans and specifi- cations and recommends its so- ceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above uescribed improvement in amount e~~ual to trio amount of his contract, ioes any retained percentage pro vided for therein, Passed, adoptea and approved this 1st day of August, 1949. Approved: ALBERT WHARTON Mayor. 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. Seconded by Councilman Russo. Carried by the following vote; Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp• son. Proof of publication, certified to by the publishers, of notice Yor the receipt of bids for the collec- tion and disposal of garbage, dead animals and decayed matter, pre- sented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp• son. August 1, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 11:00 o'clock a.m. August 1, 1949 for the collection and disposal of garbage and dead animals fn the City of Dubuque for a five year period. The two bids received are attached. They were as follows: McGloughlin -Ryder Co. at rate of $36,000.00 per year. Charles H. Rhomberg at rate of X32,750.00 per year. Regular Session, August Ist, 1948 421 These bids are hereby submitted for the consideration of the Coun- cil. Respectfully submitted, A. A. Rhomberg, City Manager. Mayor Wharton moved that the contract for the collection and dis- posal of garbage and dead animals be awarded to C. H. Rhomberg, he being the lowest ,bidder, and the proper proceedings ordered pre• pared and that a contract agree- able to both the City of Dubuque and the successful bidder be pre- pared for execution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son. (Awarding Contract) RE5OLUTION N0. 180-49 WHEREAS, proposals have been submitted by contractors for the construction of sanitary sewers and appurtenances fn what is known as the Cherry-Green Street Sewer District as delimited b y Ordinance No. 16-49. The improvement shall consist of the construction of an eight (8) inch sanitary sewer, lift station and six (6) inch cast iron force main for the Cherry-Green Street Sewer District. The eight (8) inch sewer line begins at the lift sta- tion located on the intersection of the center lines of the alley at the corporation limits and the al- lay between Cherry and Green Streets; thence easterly along the center line of the alley between Cherry and careen Streets to a point 5 feet westerly from the prolongation of the line between lots numbered 205 and 206 of Finley's Addition; thence south- erly along a line 5 feet westerly of and paraliel to the easterly line of lot number 206 of Finley's Ad• dition to the Center oP Cherry Street; thence easterly along the center line of Cherry Street to a point on the prolongation of the line between lots numbered 220 and 221 of Finley's Addition; also westerly along the centerline of Cberry Street to a point on the prolongation of the line between lots numbered 1 of 208 and 2 oY 208 of Finley's Addition; also from the intersection of the centerlines of Cherry Street and Finley Street southerly along the centerline of Finley Street to the centerline of the alley 1st south of Cherry Street; also an eight inch vitrified the sanitary sewer beginning at said lift station and running north in the alley at the corporation limits to the center line of Green Street; thence easterly along the center line of Green Street to a point on the prolongation of the line between lots numbered 197 and 2 of 198 of Finley's Addition; also from the intersection of the center lines oY Green and Finley Streets northerly along the center line of Finley Street to the inter section with Poplar and Karrick Streets; thence northerly along the center line of Poplar Street to a point on the prolongation of the line subdividing the northeast 102 feet and the southwest 65 feet- 9 inches of lot number 145 of Fin- ley's Addition; also westerly from the intersection of Finley and Pop- lar Street along aline 12 feet southerly from and parallel to the northerly line of Karrick Street to a point on the prolongation of the line between lots numbered 141 and 142 Finley Addition; A six inch cast iron farce main to be laid on aline beginning at the lift station located on the inter- section of the centerlines of the alley at the corporation limits and the alley between Cherry a n d Green Streets and running north along the center line of the alley at the corporation limits a dis- tance of 880 feet, and continuing north from this point with an eight inch vitrified the sewer main across Asbury Street to the existing sanitary sewer manhole located at the intersection of said alley and the center line of Sem• inary Street pursuant to Resolu- tion No. 159.49 and Thos. Flynn Coal Co. contractor, has submitt- ed the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, 422 Regular Session, August 1st, 1849 BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos, Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council, Approved and placed on file far ono week on July 18th 1949. Passed and adopted this 1st day of August, 1949. ALBERT WHARTON Mayor. FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thomp- son. (Awarding Contract) RESOLUTION N0, 181.49 WHEREAS, proposals have been submitted by contractors for con• atruction of an eight (8) inch vitrified file sanitary sewer in Dillon Street beginning at the ex- isting manhole in State Street (being 292 feet south of the cen• ter line of Curtis Street) and run- ning westerly on or about the center line of the alley 1st south of Curtis Street for 391 feet to M. H. No. 2 at the center of Dil• lon, thence southerly along the center line of Dillon Street for 457 feet to the terminal paint. pursuant to Resolution No. 161-49 and Thomas Flynn Coal Co. con• tractor, has submitted the ]owed 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 Gity of Dubuque ;hat the contract for the above nentioned improvement be award- ~d to Thomas Flynn Coal Co. and ;he Manager be and he is hereby iirected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council, Approved and placed on file for one week on July 18th 1949. Passed and adopted this 1st day of August, 1949. ALBERT WHARTON Maycr. FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk, Councilman Russo moved the adoption of the resolution, Second• ed by Councilman Welu: Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thomp• son. RESOLUTION N0. 227.49 WHEREAS, the City Council of the City of Dubuque, Iowa, deems it necessary and expedient that a Rule should be enacted provid- ing that any and all documents and papers submitted to the City Council for its consideration and referred to any official, depart- ment or department head for in- vestigation and report back to the City Council, that said investiga- tion and report when submitted back to the City Council by any such official, department or depart- ment head shall ,be in writing, unless otherwise specified by the City Council. NOW, THEREFORE, Be It Re• solved by the City Council of the City of Dubuque, Iowa: Sec. 1. That any and all docu- ments and papers submitted to the Regular Session, August 1st, 1949 423 City Council for consideration and referred to any official, department or department head for investiga- tion and report, shall be forwarded to a,ny such official, department or department head by the City Clerk and the investigation and report of any such official, department and department head shall be sub- mitted to the City Council in writ- ing, unless otherwise specified by the City Council. Sec. 2. That the City Clerk oP the City of Dubuque, Iowa, be, and he is hereby directed to present to the City Council of the City of Dubuque, Iowa, at each of its meetings, for their consideration, any and all written investigations and reports that have been filed in the office of the City Clerk of the City of Dubuque, Iowa, not later than 4:00 p.m, of the same day that said City Council has a meeting. Passed, adopted and approved this 1st day of August, 1949. ALBERT WHARTON Mayor. FRANK VAN DUELMAN ROMOLO N, RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution Seconded by Mayor Wharton, Car- ried by the fallowing vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent - Councilman Thomp- son. RESOLUTION N0. 228-49 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 ciga- rette papers within said City and the Manager is directed to issue such permit on behalf of said City. Paul Schollmeyer, 176 Locust St. Harold A, Kamentz., 1697 Jack- son Street. BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 1st day of August, 1949. ALBERT WHARTON Mayor. FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk, Councilman Russo moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. RE5OLUTION N0. 229-49 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Gilbert J, Nicks and Josephine Nicks, 103 East 22nd Street. Justin L, Johanningmeier, 1879- 1881 Central Avenue. Paul Schollmeyer, 176 Locust St. Leo R, Bonz and Rebecca Bonz, 310 East 30th Street. Harry J. Murphy and Dorothy Murphy, 1097 Jackson Street. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Longview Ski Club, 34.36 West 4th Street. CLASS "C" PERMIT Peter Klauer, 2700 Jackson St. Vincent B. Schwartz, 1105 Walnut Street. Passed, adopted and approved this 1st day of August, 1949. ALBERT WHARTON Mayor FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WE.U Councilmen 4~4 Regular Session, August ist, 1949 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, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. RESOLUTION N0. 2309 WHEREAS, heretofore applica• bons for Beer Permits were filed by the within named applicants and 'they have received 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 Dubuque that the Manager be and he is directed to issue to the following named appli- cants aBeer Permit. CLASS "B" PERMIT Gilbert J. Nicks and Josephine Nicks, 103 East 22nd Street. Justin L. Johnningmeier, 1879• 1881 Central Avenue. Paul Schollmeyer, 176 Locust St. Leo R. Bonz and Rebecca Bonz, 310 East 30th Street, Harry J. Murphy and Dorothy Murphy, 1097 Jackson Street. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Longview Ski Club, 34.36 West 4th Street. CLASS "C" PERMIT Peter Klauer, 2700 Jackson St. Vincent B. Swartz, 1106 Walnut Street. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 1st day of August, 1949. ALBERT WHARTON Mayor FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELD Councilmen. Attest: J. J. Shea City Clerk. 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 Ausso, Van Duelman, Welu. Nays -None. Absent -Councilman Thompson. There being no further business Councilman Russo moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Van Duelman, Welu, Nays -None. Absent -Councilman Thompson. J. J. Shea City Clerk Approved ........................... 1949. Adopted ..........................., 1949. Councilmen { ...................................... Attest : ................................................ City Clerk. Special Session, August 8th, f949 4~5 City Council (Official.) Special Session, August 8th, 1949. Council met at 7:30 p. m. Present -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, `Vela. City Manager Rhomberg. Absent -Councilman Russo. Meeting called by order of Coun- cilmen Weln and Van Duelman. 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 conducting public hearings on the construction of sanitary sewers and street improvements and act• ing on any other business as may properly came before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans, specifi- cations, form of contract and cost of improvement for to construct eight (8) inch sanitary sewers in the following locations: (1) Beginning at the existing M. H. located at the intersection o2 Burden Avenue and Link Street and running west in Link Street to the intersection with the center line of Balke Street; thence north- westerly along the center line of Balke Street to a point 100 feet northerly from the northerly prop- erty lino of Strauss Street. (2) Beginning at the intersection of the center lines of Balke and Link Streets and running west a distance of 28 feet 8 inches. (3) Beginning at the intersection of the center line of Balke and Strauss Streets and running west- erly along the center line of Strauss Street to the intersection of Brunswick Street; thence south- erly in Brunswick Street to the intersection with the center line of Link Street, estimated cost X6,838.58, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -- Councilman Russo. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for to construct eight (8) inch sani- tary sewers in the following lo~~~ bans: (1) Beginning at the existing M. H. located at the intersection of Burden Avenue and Link Street and running west in Link Street to the intersection with the center line of Balke Street; thence north- westerly along the centerline of Ralke Street to a paint 100 feet northcr':y from the nm~therly prop- erty line of Strauss Street. (2) Beginning at tha intersec- tion of the center lines of Balke and Link Streets and running wort a distance of 28 feet 8 inches. (3) Beginning at the intersec- tion of the center line of Balke and Strauss Streets and running westerly along the center lino of Strauss Street to the intersection of Brunswick Street; thenoe south- erly in Brunswick Street to the intersection with the center line of Link Street. 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 Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments,) RESOLUTION N0. 231.49 WHEREAS, proposed plans and specifications and form of contract for the construction oP eight (8) inch sanitary sewers in the fol- lowing locations: (1) Beginning at the existing M. H, located at the intersection oP Burden Avenue and Link Street and running west in Link Street to the intersection with the center line of Balke Streot; thence north- R•esterly along the centerline of Balke Street to a paint 100 fe0t 4z6 Special Session, August 8th, 194g northerly from the northerly prop- erty line of Strauss Street. (2) Beginning at the intersec• tion of the center lines of Balke and Link Streets and running west a distance of 28 feet 8 inches. (3) Beginning at the intersec- tion of the center line of Balke and Strauss Streets and running westerly along the center line of Strauss Street to the intersection of Brunswick Street; thence south- erly in Brunswick Street to the intersection with the center line of Link Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the I Code of Iowa, 1946, pertaining to public contracts and bonds, a n d the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 8th day of August 1949; and WHEREAS, the City Coun• cil met in special session this 8th day of August, 1949, at 7:30 o'clock p.m. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and 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 Plana, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby overruled and such plans, specifica- tions and form of contract hereto- fore approved are hereby adapted. BE IT FURTHER RESOLVED that this resolution containing the decision oP this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a mat- ter of permanent record in con• nection with said improvement. Passed, adopted and approved this 8th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN 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 Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. (Necessity for Improvement) RESOLUTION N0. 191.49 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by th e City Council of the City of Du- buque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2, The size and kind of sewers. 3. Each lot proposed to be assessed together with a valuation fixed by the Council. 4. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 5, In each case the amount thereof which is estimated to be assessed against each lot, for the construction of eight (8) inch sani- tary sewers in the following loca- tions: (1) Beginning at the existing M. H. located at the intersection of Burden Avenue and Link St., and running west in Link Street to the intersection with the center line of Balke Street; thence north- westerly along the centerline of Balke Street to a point 100 feet northerly from the northerly prop- erty line of Strauss Street. Special Session, August 8xh, 1949 4z~ (2) Beginning at the intersec- tion of the center lines of Balke and Link. Streets and running west a distance of 28 feet 8 inches. (3) Beginning at the intersec- tion of the center line of Balke and Strauss Streets and running westerly along the center line of Strauss Street to the intersection of Brunswick Street; thence south- erly in Brunswick Street to the intersection with the center line of Link Street. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition oY property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall .be con- structed and done in accordance with the plans and specifications I which have been prepared `.herefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cast and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an ae:cunt net to ex- ceed the amount provided by law, property will be assessed whether the sa~ue abuts theroon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall •be issued and sold in anticipa- tion of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The raihvay por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac• ed on file with the City Clerk this 18th day of July, 1949. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 8th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P, WELD Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Wharton, Councii• men Thompson, Van Duelman, Welu. Nays -None, Absent - Councilman Russo. (Ordering Construction) RESOLUTION N0. 232.49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 191-49 which was duly passed by this Council, for the construction of eight (8) inch sanitary sewers in the following locations: (1) Beginning at the existing M. H, located at the intersection of Burden Avenue and Link Street and running west in Link Street to the intersection with the center line of Balke Street; thence north- westerly along the centerline of Balke Street to a point 100 feet northerly from the northerly prop- erty line of Strauss Street. (2) Beginning at the intersec- tion of the center lines of Balke and Link Streets and running west a distance of 2S feet 8 inches. (3) Beginning at the intersec- tion of the center line of Balke and Strauss Streets and running westerly along the center line of Strauss Street to the intersec- tion of Brunswick Street; thence southerly in Brunswick Street to the intersection with the center line of Link Street be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. 42g Special Session, August 8th, 1949 All the work shall be constructed inn accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying 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 spacial 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. $E IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 21 calendar days after no"lice to proceed is issued. BE TT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall Abe in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 8th day August, 1949, ALBERT WHARTON Mayor. F, W, THOMPSON FRANK VAN DUELMAN CLARENCE P. WELD Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Proof of publication, certified to by the publishers, of notice of pub• lic hearing upon the plans, specifi- cations, form of contract and coat of improvement far to construct eight (8) inch sanitary sewers in the following locations: (1) Beginning at manhole num- ber 35 on the Kaufman Avenue Trunk Sewer and running south- easterly to the intersection of the centerline of Avoca Street Ext. and the alley second north of Hazel Street; thence south along the centerline of Avoca Street Extension of the centerline of Ungs Street; thence east along the centerline of Ungs Street to the centerline of Hoyt Street; thence north along the centerline of Hoyt Street to the prolongation of the south line of lot fi of Pfohl Subdivision. (2) Beginning at the interseG lion of the centerline of the alley second north of Hanel Street and the Kaufman Avenue Trunk Sewer and running west along the center- ' line of said alley to the prolonga- tion of the east line of lot No, 83 of Finley addition. {3) Beginning at manhole nam• ber 39 of the Kaufman Avenue Trunk Sewer and running east along the centerline of Hazel St., to the prolongation of the west line of lot No. 50 of Finley Addi• lion. Estimated cost $13,776.36, pre- sented and read. Councilman Welu moved that the proof oP publica- tion be received and filed. Second- ed ~by Councilman Thompson. Car• ried by the following vote: Yeas -Mayor Wharton, Council-• men Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Preof 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 to con- struct eight (8) inch sanitary sewers in the following locations: (1) Beginning at manhole num- ber 35 on the Kaufman Avenue Trunk Sewer and running south- easterly to the intersection of the centerline of Avoca Street Eat. Special Session, August 8th, 1949 4~9 and the alley second north of Hazel Street; thence south along the centerline of Avoca Street Extension to the centerline of Ungs Street; thence east along the centerline of Ungs Street to the centerline of Hoyt Street; thence north along the centerline of Hoyt Street to the prolonga- lion of tine south line of lot 6 of Pfoh] Subdivision. (2) Beginning at the intersec- tion of the centerline of the alley second north of Hazel Street and the Kaufman Avenue Trunk Sewer and running west along the center line of said alley to the prolongs~ lion of the east lino oY lot No. 83 of Finley Addition. (3) Beginning at manhole num• ber 39 of the Kaufman Avenue Trunk Sewer and running east along the centerline of Hazel St., to the prolongation of the west line of lot Na. 50 of Finley Addi- tion. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Thompson, Van Duelman, ~Ve1u. Nays -None. Absent -Councilman Russe. (Decision of Council upon o~jec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 233-49 WHEREAS, proposed plans and specifications and farm of contract for the construction of eight (8) inch sanitary sewers in the follow- ing locations: (1) Beginning at manhole num- ber 35 on the Kaufman Avenue Trunk Sewer and running south- easterly to the intersection of the centerline of Avoca Street Ext. and the alley second north of Hazel Street; thence south along the cen- terline of Avoca Street Extension to the centerline of Ungs Street; thence east along the centerline of Ungs Street to the centerline of Hoyt Street; thence north along the centerline of Hoyt Street to the prolongation of the south line of lot 6 of Pfohl Subdivision. (2) Beginning at the intersection of the centerline of the alley second north of Hazel Street and the Kauf- man Avenue Trunk Sewer and running west along the centerline of said alley to the prolongation of the east line of lot No. 83 of Finley Addition. (3) Beginning at manhole num- ber 39 of the Kaufman Avenue Trunk Sewer and running east a- long the centerline of Hazel Street to the prolongation of the west line of lot Na. 50 of Finley Addition 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 al] objec- tions to said plans, specifications or contract for or cost of such im- provements, said limo being this 8th day of August, 1949; and WHEREAS, the City Council met in special session this 8th day of August, 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 consider- ing any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, ali interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuquo, that all objections which have been made and filed to the plans, specifi- cations, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all 43o Special Session, August 8th, Ig49 objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 8th day of August, X949, ALBERT WHARTON Mayor. F, W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. Shea City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Welu. Carried by the fallowing vote: Yeas -Mayor Wharton, Council• men Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. (Necessity for Improvement) RESOLUTION N0. 194-49 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 Dubuqus and are now on fi]e in the office of the City Clerk showing among oth- er things the following: 1. The boundries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be asses- sed together with a valuation fixed .by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount there- of which is estimated to be asses- sed ag^inst each lot, for to con- struct eight (8) inch sanitary sew• ers in the following locations: (1) Beginning at manhole num- ber 35 on the Kaufman Avenue Trunk Sewer and running south- easterly to the intersection of the centerline of Avoca Street Ext. and the alley second north of Hazel Street; thence south along the cen- terline of Avoca Street Extension to the centerline of Ungs Street; thence east along the centerline of Ungs Street to the centerline of Hoyt Street; thence north along the centerline of Hoyt Street to the prolongation of the south line of lot 6 of Pfohl Subdivision. (2) Beginning at the intersection of the centerline of the alley sec- ond north of Hazel Street and the Kaufman Avenue Trunk Sewer and running west along the centerline of said alley to the prolongation of the east line of lot No, 83 of Finley Addition. (3) Beginning at manhole num- ber 39 of the Kaufman Avenue Trunk Sewer and running east a- long the centerline of Hazel Street to the prolongation of the west line of Lot No. 50 of Finley Addition. BE IT THEREFORE RESOLV• ED that the City Council on its own motion or upon petition of property owners, deems it advisable and nec- essary 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 reso- lution have on Pilo 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 the cost and expense of making said improvement will be assessed upon and aginst all pri- vately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any 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 oY assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or Special Session, August 8th, 1949 431 assessment district shall be asses- sed to and paid by the railway company. The above resolution was intro- duced,approved and ordered placed on file with the City Clerk this 18th day of July, 1949. The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 8th day of August, 1949. ALBERT WHARTON Mayor. F. W, THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU. 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, Coun- cilmen Thompson, Van Duelman, 1Velu. Nays -None. Absent -Councilman Russo. (Ordering Construction) RESOLUTION N0. 234-49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 194-49 which was duly passed by this Council, for the construction of eight (8) inch sanitary sewers in the following locations: (1) Beginning at manhole num- ber 35 on the Kaufman Avenue Trunk Sewer and running south- easterly to the intersection of the centerline of Avoca Street Ext. and the alley second north of Hazel Street; thence south along the cen- terline of Avoca Street Extension to the centerline of Ungs Street; thence east along the centerline of Ungs Street to the centerline of Hoyt Street; thence north along the centerline oY Hoyt Street to the prolongation of the south line of lot 6 of Pfohl Subdivision. (2) Beginning at the intersection of the centerline of the alley sec- ond north of Hazel Street and the Kaufman Avenue Trunk Sewer and running west along the centerline of said alley to the prolongation of the east line oP lot No. 83 of Finley Addition. (3) Beginning at manhole num• ber 39 of the Kaufman Avenue Trunk Sewer and running east a- long the centerline of Hazel Street to the prolongation of the west line of lot No. 50 oP Finley Addition be and the same are hereby order- ed and constructed by this Councii upon its awn motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for .by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sew- er funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess• ments as provided by law after the work has been completed and ac- cepted 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 far the con- struction of the various improve` ments herein provided for in the manner provided .by law, the said improvements shall be completed on or before 30 calendar days after notice to proceed is issued. 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. Passed, adopted and approved this 8th day August 1949. ALBERT WHARTON Mayor, F, W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. Shea. City Clerk. 432 Special Session, August 8th, 194q Councilman Welu moved the a- doption of the resolution. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Petition of AI. Weitzel with refer- ence to the extension of the pro- posed sewer in St. Ambrose Street in order that Lots 39 and 40 of Finley Addition can be served with sanitary sewer, presented and read. Councilman Thompson moved that the petition be received and placed on file. Seconded by Councilman Van Duelman, Carried by the fol• lowing vote: yeas - Mayor Wharton, Coun• cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Proof of publication, certified to by the publishers, of notice of pub- lic hearing upon the plans, specifi- cations, form of contract and cost of improvement for to construct an eight (8) inch sanitary sewer in Lincoln Avenue from the existing manhole at the intersection of Lin- coln and Rhomberg Avenues to a point 296.3 feet west also in Rhomberg Avenue from the cen- ter line of Lincoln Avenue to a point 184 feet north, estimated cost X2,144.83, presented and read. Coun- cilman Thompson moved that the proof of Publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Proof of publication, certified tc by the publishers, of notice pf pen dency of resolution of necessity anc hearing upon proposed plans, sped fications, form of contract and coal of improvement for to construct ar eight (8) inch sanitary sewer it Lincoln Avenue from the existing manhole at the intersection of Lin coin and Rhomberg Avenues to point 296.3 feet west and also i~ thomberg Avenue from the center ine of Lincoln Avenue to a point 84 feet north, presented and read. 7ouncilman Van Duelman moved .hat the proof of publication be re- ;eived and filed. Seconded by Coun- ;ilman Welu. Carried by the follow- ng vote: Yeas -Mayor Wharton, Coun• oilmen Thompson, Van Duelman, Welu. Nays None. Absent -Councilman Russo. (Decision of Council upon objeo- lions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 235-49 WHEREAS, proposed plans and specifications and form of contract for the construction of an eight (8) inch sanitary sewer described as follows: In Lincoln Avenue from the exist- ing manhole at the intersection of Lincoln and Rhomberg Avenues to a point 296.3 feet west; also in Rhomberg Avenue from the center- line of Lincoln Avenue to a point 184 feet north. 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 bands, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cast of such im• provements, said time being this 8th day of August, 1949; and WHEREAS, the City Council met in special session this 8th day of August, 1949, at 7:30 o'clock p. m. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con• sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Special Session, llugust 8th, 1949 433 BE IT RESOLVED by the City Council of the City oP Du,buque that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been Piled to the plans, specifications and form of contract for or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 8th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON, FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. Shea. City Clerk. Councilman Welu moved the a- doption of the resolution. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas -Mayor V~harton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. (Necessity for Improvement) RESOLUTION N0. 197.49 WHEREAS, proposed p 1 a n s, specifications, form of contract, plat and schedule have ,been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Glerk showing among other things the following: 1, The boundries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be assessed together with a valuation fixed by the council. 4, An estimate of the coat of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In Each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch sanitary sewer described as fol- lows: In Lincoln Avenue from the existing manhole at the interseo- lion of Lincoln and Rhomberg Avenues to a point 296.3 feet west; also in Rhomberg Avenue from the centerline of Lincoln Avenue to a point 184 feet north. BE IT THEREFORE RESOLV- ED that the City Council on its awn motion ar upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall Abe deemed to have waived all objections thereto, Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and iu an amount not to exceed the amount provided by law, property wjll be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation oP deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. Tho railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- „,~iliul it I ~IIII~~ 434 Special Session, August 8th, 1949 ed on file with the City Clerk this 18th day of July, 1949. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 8th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. Shea. City Clerk. Councilman Thompson moved the adoption of the resoiution. Sec- onded by Councilman Welu. Car- ried by the fallowing vote: Yeas -Mayor Wharton, Council• men Thompson, Van Duelman, Welu, Nays -None. Absent -Councilman Russo. (Ordering Construction) RESOLUTION N0. 236-49 BE IT RESOLVED BY THE'. CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 197• 49 which was duly passed by this Council, for the construction of an eight (8) inch sanitary sewer described as follows: In Lincoln Avenue from the existing manhole at the intersection of Lincoln and Rhomberg Avenues to a point 296: 3 feet west; also in Rhomberg Avenue from the centerline of Lincoln Avenue to a point 184 feet north, be and the same are here- by 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, BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned prop- erty lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special bene- fits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided .by ]aw 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 advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 14 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces• sity shall be in force and effect from and after its passage and adoption by the City Council. Passed, rccpted and approved this 8th d27 r,tsTni, l°-19. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Proof oP publication, certified to .by the publishers, of notice of public hearing upon the plans, specifications, form of contract at.d cost of improvement for the im- proving of Balke Street from the north curb line of Lowther Street to the south curb line oP Grove- land Place, estimated cost $4,991.- 57, presented and read. Council- man Van Duelman moved that the proof of publication be received and filed. Seconded by Council• man Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Coun• Special Session, August 8th, 1949 43S cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement far the improving of Balke Street from the north curb line of Lowther Street to the south curb line of Groveland Place, 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, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo, (Decision of Council upon object tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 237.49 WHEREAS, proposed plans and specifications and form of con• tract for the improvement of Balke Street from the north curb line of Lowther Street to the south curb line of Groveland Place, h a v e been approved by the City Council of the City of Dubuque and public notice given as provided by Chap• ter 391 of the Code of Iowa, 1946, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, .specifications or contract for or cost of such improvements, said time being this 8th day of August, 1949; and WHEREAS, the City Council met in special session this 8th day of August, 1949, at 7:30 o'clock p.m. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested 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, specifica- tions and form of contract here" tofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a mat- ter of permanent record in con- nection with said improvement. Passed, adopted and approved this 8th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Welu. Car• tied by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. (Necessity for Improvement) RE50LUTION N0. 188--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 Gity of Dubuque and are now on file in the office of the City Clerk showing among oth• er things the fallowing: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. ,2h SDecial Session, August 8th, 1949 4, Each lot proposed to be asses- sed together with a valuation fixed by the ceuncil. 5. An estimate of the cast 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 asss• sed against each lot, for the im- provement of Balke Street from the north curb line of Lowther Street tc the south curb line of Groveland Place. BE IT THEREFORE RESOLV- ED that the City Council on its own motion or upon petition of property 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 reso- lution have on Pile with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any defir ciency shall •be paid out of the general fund, improvement funds or eewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street of assessment district shall be asses sed to and paid by the railway company. The above resolution was intro- duced,approved and ordered placed on file with the City Clerk this 18th day of July, 1949. The foregoing resolution was. fin- ally passed and adopted, as pro• posed, by the City Council this 8th day of August, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELD Attest: J. J. Shea City Clerk. Councilman Welu moved the a- doption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, 1Velu. Nays -None. Absent -Councilman Russo. (Ordering Construction) RESOLUTION N0.238-49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a reso• lotion of necessity No. 188-49 which was duly passed by this Council, for the improvement of Balke Street from the north curb line of Lowther Street to the south curb line of Groveland Place, be and the same are hereby ordered and constructed by this Council up• on its own motion and with or with- out the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying 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 Special Session, August 8th, 1849 437 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 ac- cepted ,by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 20 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect Prom and after its passage and adoption by the City Council. Passed, adopted and approved this 8th day August, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. Shea City Clerk, Councilman Van lluehnan moved the adoption of the resolution. Sec- onded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent - Councilman Russo. Proof of publication, certified to by the publishers, of notice of pub• lit hearing upon the plans, specifi- cations, form of contract and cost of improvemer?i for the grading of Adair Street from the north prop- erty line of Loras Blvd. to the south property line of Rosedale Av enue, estimated cost $4,900.25, pre- sented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Welu. Car- ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the grad- ing of Adair Street from the north property line of Loras Blvd. to the south property line of Rosedale Av- enue, presented and read. Coun- cilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Welu, Carried by the following vote: Yeas -Mayor Wharton, Council• men Thompson, Van Duelman, Welu. Nays - None. Absent -Councilman Russo. (Decision of Council upon objec- tions, form of contract and cost of improvements.) RESOLUTION N0. 239-~19 WHEREAS, proposed plans and specifications and form of contract far grading of Adair Street from the north property line of Loras Blvd. to the south property line of Rosedale Avenue have been ap• proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1946, per- taining to public contracts and bonds, and the time and place fixed far the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 8th day of August, 1949; and WHEREAS, the City Council met in special session this 8th day of August, 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 consider- ing any and all objections which have been filed to the proposed plans, specifications or contract for or cast of the. improvement herein described and proposed to ~be made; and WHEREAS, all interested parties have 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 138 Special Session, August 8th, 1949 made and filed to the plans, specifi- cations, contract for or cost of said improvement herein described and proposed to be made, ,be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all ob• jections which have been filed to the plans, specifications and form of contract for or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 8th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J, Shea City Clerk Councilman Thompson moved the adoption oY the resolution, Sec• corded by Councilman Welu. Car- ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, welu. Nays -None. Absent -Councilman Russo. (Necessity for Improvement) RESOLUTION N0. 204--49 WHEREAS, proposed plans, spec- ifications,form of contract and plat have been duly prepared and ap• proved 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 streets to be improved. 2. The width of such improva• went. 3. 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 for the grading of Adai Street from the north property lin oP Loras Blvd. to the south prop erty line of Rosedale Avenue. BE IT THEREFORE RESOLV ED that the City Council on it own motion or upon petition o Special Session, August 8th, 1949 439 cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. August S, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 a.m. August S, 1949 for the grading of Adair Street from Loras Boulevard to Rosedale Avenue. Four bids were received which are shown on the attached tabula- tion. I recommend that the contract for this work be awarded to the Bill Curphy Company of Des Moin- es, Iowa whose bid is the lowest received, being 47.2 per cent be- low the Engineer's estimate. The Curphy Company submitted a certi- fied check in the amount of $2000: OO which was intended to cover the storm .sewer work as well as the grading work on Adair Street, Inasmuch as his .bid was not low on the storm sewer work, it is possible to hold the certified check as guarantee of his enter- ing into a contract on the above grading job. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Welu. Car- ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. (Awarding Contract) RESOLUTION N0. 240.49 WHEREAS, proposals have been submitted by contractors for the grading of Adair Street from the north property line of Loras Blvd. to the south property line of Rose- dale Ave. pursuant to Resolution No. 206-49 Bill Curphy Company, Des Moines, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and material and performing the work as pro- vided for in the plans and specifi- cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Bii! Curphy Company, Des Moines, Iowa and the Manager be and he is hereby directed to exe- cute acontract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 8th 1949. Councilman Welu moved that the resolution .be approved and placed on file for at least one week before its final adoption. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas - Mayor Wharton, Coun• cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Proof of publication, certified to by the publishers, of notice of public hearing upon the plans, specifications, form of contract and cost of improvement for the con- struction of a storm sewer in Adair Street from the end of the existing storm sewer to the exist- ing storm sewer in Rosedale Ave- nue, presented and read. Council- man Van Duelman moved tYiat the proof of publication be received and filed. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas - Mayor Wharton, Coun- cilman Thompson, Van Duelman, Welu. Nays -None. Proof of publication, certified to by the publishers, of notice of poadency of resolulion of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the construction of a storm sewer in Adair Street from the end of the existing storm sewer to the existing storm sewer in Rosedale Avenue, presented and read. Councilman Van Duelman moved that ,the proof of publication be received and filed. Seconded by property owners, deems it advisa• ble and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the cost of the proposed improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the Street Construction fund. The above resolution was intro~ duced,approved and ordered placed on file with the City Clerk this 18th day of July, 1949. The foregoing resolution was fin• ally passed and adopted, as pro• posed, by the City Council this 8th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELD Councilmen. Attest: J. J. Shea City Clerk. Councilman Welu moved the a- doption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo, Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the grading of Adair Street from the north property line of Loras Blvd. to the south property r line of Rosedale Avenue, presented e and read. Councilman Welu moved - that the proof of publication be re- ceived and filed. Seconded by Coun- - oilman Thompson. Carried by the s following vote: f Yeas -Mayor Wharton, Coun• 44o Special Session, August 8th, 1849 Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Thompson, Van Duelman, Welu. Nays-None. Absent Councilman Russo, Absent -Councilman Russo. (Decision of Council upon objec- tions to plans, specifications, form of contract and cast of improve- ments.) RESOLUTION N0. 241.49 WHEREAS, proposed plans and specifications and form of contract for the construction of a storm sewer in Adair Street from the existing storm sewer to the exist- ing-storm sewer in Rosedale Ave. have been approved by the City Council of the City of Dubuque and public notice given as pro- vided 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, specifi- cations or contract for or cast of such improvements, said time being this 8`h day of August, 1949, and WHEREAS, the City Council met in special session this 8th day of August, 1949, at 7:30 p.m. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to .be made; and WHEREAS, 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 here in de• scribed and proposed to be made, be and the same are hereby over• ruled and such plans, specificatfone and farm of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVEI that this resolution containing the lecision of this Council upon all objections which have been filed o the plans, specifications and :arm of contract for or cost oP paid improvement be made a mat- ter of permanent record in connec- tion with said improvement. Passed, adopted and. approved this 8th day of August, 1949. Mayor. ALBERT WHARTON F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec• onded by Councilma^ Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. (Necessity for Improvement) RESOLUTION N0. 200.49 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the fallowing: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same far each different type of construction and kind of mate- rial to be used for the construc- tion of a storm sewer in Adair Street from the existing storm sewer to the existing storm sewer in Rosedale Avenue. BE IT THEREFORE )iESOLV- ED that the City Council on its own motion or upon petition of property owners, deems it advis• able and necessary for the public welfare to make the herein men• tinned improvement, and unless property owners at the time of the final consideration of this pro• posed resolution have on file with the City Clerk objections to the cost of the proposed improvement, they shall .be deemed to have waived all objections thereto. Special Session, August 8th, 1949 441 Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared therfor by the City Engineer which have bean approved by the City Council and are now on file with the City Clerk, That the cost and ex- pense of making said improvement will be paid cut of the sewer fund. The above resolution was intro• duced, approved and ordered plac- ed on file with the City Clerk this 18th day of July, 1949. The foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 18th day of August, 1949. ALBERT WHARTON Mayor F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Van Duelman, Carried by the following vote: August 8, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed ,bids were received until 10:00 a,m. August 8, 1949 for the construction of a storm sewer in Adair Street from the existing storm sewer northerly to Rosedale Avenue. Three bids were receiv ed which are shown on the attach- ed tabulation. I recommend that the contract for the above work be awarded to the Larson Construction Com- pany of Dubuque whose bid is the lowest and best received, be- ing 8.6 per cent less than the Engineer's estimate. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Welu moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None, Absent -Councilman Russo. Yeas -Mayor Wharton, Coun• cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of a storm sewer in Adair Street from the end of the existing storm sewer to the existing storm sewer in Rosedale Avenue, 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, Coun- ciImen Thompson, Van Duelman, Welu. Nays - None. Absent -Councilman Russo. (Awarding Contract) RESOLUTION N0. 242.49 WHEREAS, proposals have been submitted by contractors for the construction of a storm sewer in Adair Street from the existing storm sewer to the existing storm sewer in Rosedale Avenue, pur• suant to Resolution No. 202.49 and The Larson Construction Company, Dubuque, Iowa contractor, has sub- mitted the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifi• cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract far the above mentioned improvement be award- ed to The Larson Construction Company, Dubuque, Iowa and the Manager ,be and he is hereby directed to execute a contract on behalf of the City of Dubuque for 442 Special Session, August 8th, 1949 the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become. effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 8th 1949. Councilman Thompson moved that the resolution be approved and placed on file for at least one week before its final adoption. Seconded by Councilman Welu. Car• ried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, We]u. Nays -None. Absent -Councilman Russo. Councilman Thompson moved that Council recess for the pur- pose of convening as a Board of Health to discuss the polio actua- tion. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Council recessed at 8:00 p.m. and reconvened at 8:30 p.m. 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 Couneil• man Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Mrs. Shaffer and others address- ed the Council with reference to the dangerous condition now exist- ing at the end of Mt. Loretta Avenue and requested that action be taken at once to eliminate this dangerous condition. Couneil• man Welu moved that a plan be prepared for the remedying of the dangerous condition now existing at the end of Mt. Loretta Ave Seconded by Councilman Thomp- son. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Notice of Claim of Mrs. Margar• et Killeen in an unstated amount for injuries sustained in a fall on a defective sidewalk, presented and read. Councilman Van Duel- man moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Communication of Horace L. Poole. with reference to a nuisance in the niegh,borhood caused by an outside toilet on the premises of John Kass at 839 Disney Street, presented and read. Councilman Van Duelman moved that the com- munication he received and plac- ed on file. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Communication of the Dubuque Trades and Labor Congress sub- mitting for Council consideration the name of Mr. E. J. Kean to fill the vacancy on the Civil Service Commission, presented and read. Councilman Welu moved that ac• tion be suspended till a meeting of the City Council when all the Councilmen are present. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Communication of Harry E. Lew- is submitting application for ap- pointment as a member of the Civil Service Commission to Yill the vacancy now existing on said Commission, presented and read. Special Session, August 8th, 1949 443 Councilman Welu moved that ac- tion ,be suspended till a meeting of the City Couneil when all the Councilmen are present. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, W elu. Nays -None. Absent -Councilman Russo. Communication of M. C. Mulli- gan, Secretary, Civil Aeronautics Board, Washington, D. C. submitt- ing Order granting and denying leave to intervene in the matter of the Parks Investigation Case, Docket No. 3965, et al, presented and read. Councilman Thompson moved that the communication and Order be received and placed on file. Seconded by Ceuncilman Van Duelman. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Petition of Wm F. Barrington and Walter J. Duccini requesting a refund in the amount of $50.00 on the unexpired portion of their Class "B" Beer Permit and also a refund in the amount of $75.00 on the unexpired portion of their Ciga• rette Permit, as they have dis- continued business on August 1, 1949, presented and read. Council- man Thompson moved that the requests be granted and the City Auditor instructed to draw a war- rant in the amount of $50.00 in favor of Wm. F. Barrington and Walter J. Duccini to cover the amount of refund granted on the unexpired portion oP their Class "B" Beer Permit also that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of Wm. F. Barrington and Walter J. Duccini to cover the amount of refund granted on the unexpired portion of their Cigar- rette Permit. Seconded by Coun- cilman Welu. Carried ,by the fol- lowing vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Petition of Dubuque Amusement Corporation requesting "Fire Call" coverage by the Dubuque Fire Department in the event of fire occurring at the Melody Mill Ball- room, presented and read. Coun- cilman Thompson moved that the petition be referred to the Fire Chief for investigation and report, Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Rnaso. Petition of the Navy Mothers Club of America, Battleship Iowa No. 44, requesting permission far the holding of a tag day on Octo• ber 22nd, 1949, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. Ordinance No. 30.49 An Ordinance amending Ordi- nance No. 147, being an Ordinance establishing rules and regulations with reference to garbage re- ceptacles etc, by striking certain provisions therefrom and inserting other provisions in lieu thereof, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Welu. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu, Nays - None. Absent -Councilman Russo. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. . Nays -None. Absent -Councilman Russo. qqq Special Session, August 8th, 1949 Councilman Thompson moved 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, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. August 4th, 1949. Dr. Albert J. Entringer Director of Health Health Department Dubuque, Iowa Dear Doctor: Gn reinspecting the premises of John Kass at 639 Disney Street on August 3rd, 1949, I found very little improvement. The privy fault located there is erecting quite an odor and Mr. Kass has been instructed cs to the requirements of an earth pit privy on several occasions, but to date he has ignored them. There is no sanitary sewer avail- able to the property and the loca- tion is not adaptable to a septic tank disposal system. Therefore I have notified Mr. Kass to build a sanitary privy as outlined in the State Department of Health publication entitled "The Sanitary Privy". Respectfully yours, Allan J. Klein Sanitary Inspector Health Department Dubuque, Iowa. Councilman Welu moved that the communication of Sanitary In- spector Klein be received a n d made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. August 3, 1949. Honorable Mayor and the City Council, Dubuque, Iowa. Gentlemen: At a session of the City Counci of the City of Dubuque, Iowa, hell tugust 1, 1949, the following mo- ion was adopted: That the petition of James C. Sealy and others, employees of he Federal Government asking 7ouncil to rescind their action pre- ~aratory to closing Bluff Street 'rom First Street to Fourth St. o all day parking, be referred to ;he Chief of Police for investiga- tion and report. A thorough and complete investi• ration of thia situation was made some time ago upon the receipt of a petition of Mr, and Mrs. Chas. Scharff and others, asking that restriction be placed on this area. Together with other conditiona it was found that the curb parking space was being used almost ex- clusively by long time parking. Between 1st and 2nd Streets there are 19 parking spaces; between 2nd and 3rd Streets there are 21 parking spaces; and between 3rd and 4th Streets there are 23 park- ing spaces, making a total of 63 spaces. The petition of James C. Healy and others indicates very plainly that it is their wish to use this space for all day parking to the exclusion of any other person who may have a use therefore. My investigation discloses that a large number of roomers live in this area, together with the own- ers and master tenants, all of which are served in a business way to a considerable extent. In areas where curb parking t u r n over is necessary, unrestricted parking causes congestion making it difficult for ordinary business functions to .be carried on. There are 103 signatures to this petition, some of which live within reasonable walking distance to their place of employment; an- other group does not own autc• mobiles; and still another group do not live within the limits of the City oY Dubuque. In considering restricted use of the public streets of any congested area in any city, it has been the conclusion that priority first goes to moving vehicles; second con- sideration goes to vehicles used in the handling of merchandise and freight or in the transporta- tion of passengers. In congested Special Session, August 8th, 1949 445 areas long term curb parking should be given the least consider- ation. In short no one should be permitted to use the curb park- ing space to the exclusion of any other person who may have a use therefore, for a longer time than will provide the greatest use to the greatest number. A parked vehicle is performing a less eco- nomical service to its owner than a moving vehicle. My investigation discloses that unrestricted parking in this area causes congestion, in that delivery service must double park, necessarily impeeding the forward movement of vehicular traffic which should be given first consideration. It is still my recommendation that parking .be restricted to two hours on Bluff Street between West 1st and West 4th Streets, between the hours of 9:00 a.m. and 6:00 p.m. Sundays and Holi- days excepted. Respectfully submitted, Jos. H, Strub Chief of Police. Councilman Van Duelman moved that the recommendation of Chief of Police Strub be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent - Councihnan Russo. August 8, 1949. To the Honorablo Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the Council held August 1, 1949 the following matters were referred to the City Council to view the grounds. The Council,. having viewed the various locations, decided as follows: 1. That the Board of Super- visors of Dubuque County be noti- fied of the City's rejection of the offer of $50.00 far Lat 140 of Mechanic's Addition made .by Clif• ford E. Beadle. 2. That John J. Breitbach be notified that the City is not pry pared to sell Lots 138 and 139 of Mechanic's Addition. 3. That additional street lights be installed on West Third Street ~~~s between Grandview Avenue and Algona Street as petitioned by Edward E, Krumbach, et al. 4. That Fay Miller be permitted to construct a sanitary sewer from the wet well in Stetmore Street along Marion Street to serve his property westerly of Stetmore St. by the adoption of the proper pro- ceedings. 5. That a plat and schedule be prepared for the construction of curb and gutter on the easterly side of Sotuhern Avenue as peti- tioned for by Theo. Kalloway, et al. 6. That a street light be installed at Jenni and Lombard Streets as requested Eby B. M. Jaeger, et al. 7. That a plat and schedule be prepared for the widening of Edith Street between Burden Avenue and Sheridan Street as petitioned for by Alvin Maus, et al. 8. That the petition of Wilfred J. White requesting permission to cut a drive at 1136 Locust Street be denied. I recommend that these decision of the Council be confirmed. Respectfully submitted, A, A. Rhomberg City Manager. Councilman Welu moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Van Duel• vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. August 8, 1949. To the Honorable Mayor and Gity Council,. Dubuque, Iowa. Gentlemen: At the meeting of the Council held July 18, 1949 the following matters were referred to the City Council to view the grounds. The Council, having viewed the various locations, decided as follows: 1. That•the application of C. J. Ziegenfuss for the purchase of Lots 14 and 15 of South Park Hill Addi- tion be denied since these lots were acquired by the City for Water Works purposes and are so held. 2. That Napier Street at Foye II~~~ aa6 Special Session, August 8th, 1949 Street be repaired as requested by Arnie Stierman. 3. That the petition of Mr. and Mrs. Anthony Eberhardt, et al, re- questing an additional street light an Fremont Avenue be denied. 4. That a street light be install- ed on Pierce Street between An- gella and West Locust Streets as petitioned by Frank McInerney, et al. I recommend that these deci- sions of the Council be confirmed. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Welu moved that the recommendation of City Man• ager Rhomberg be approved. Sec• onded by Councilman Van Duel- vote: Yeas - Mayor Wharton, Goun• cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo, August S, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting held July 5, 1949 several matters were referred to the Council to view the grounds. After the Council viewed the loca- tions the following conclusions were reached: 1. That the verbal request of Mr. Rehfeldt be granted asking that the storm water condition in the alley first north of Hazel St. east of St. Ambrose Street be remedied, 2. That steps be taken Co elim- inate dust on Finley Street be- tween McCormick and West St. which was the subject of the peti- tion of A. G. Flenneger, et al. I recommend that the decisions of the Council in these matters .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 We1u. Car- ried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. August 8, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the im- provement of Dunleith Street from the west property line of Southern Avenue to the end with curb and gutter, 6" dry bound macadam base and double bituminous sur- face treatment, under contract with the Thomas Flynn Coal Com• pony, has been completed in ac- cordance with the plans and spec- ificaticns. I therefore recommend the ac- ceptance of this work. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duel- man. Carried by the fallowing vote: Yeas -Mayor Wharton, Coun• cilmen Thompson, Van Duelman, Welu. Nays - None. Absent -Councilman Russe. (A Resolution Accepting Improve• ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 224--119 WHEREAS, the contract for the improvement of Dunleith Street from the west property line of Southern Avenue to the end has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and recom- mends its acceptance, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Special Session, August Sth, 1949 447 Engineer be and he is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels oP real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule pwblish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improve- ment bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 8th day of August, 1949, Approved: ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. Shea City Clerk. Councilman Thompson moved the adoption of the resolution. Secoud- ed by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Coun• cilmen Thompson, Van Duelman, Welu, Nays -None. Absent -Councilman Russo. safe condition of the crosswalk due to snow and ice accumulations thereon which were rough, rounded and uneven. That Claimant was compelled to go to the hospital and have the services of a doctor for some considerable time, was unable to perform work, and sus- tained considerable loss. After con- ferences with her various attorneys she has finally agreed to accept $300.00 in full payment of her claim. I recommend that her claim be allowed in the sum of $300.00 and that a warrant be issued payable to Attorneys Czizek &Czizek for said amount, 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 oY $300.00 in favor of Czizek &Czizek, Attorneys, 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 Thompson. Carried by the follow- ing vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo, August 8, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the notice of claim of Emma Wagner far dam- ages for $5,000.00 submitted to me for investigation and report, I find that on March 2nd, 1948, Claimant, while walking on the crosswalk across Weat 5th Street in the regu- lar crosswalk, slipped and fell, causing her to fracture and break her right leg requiring medical and hospital care and attention, and that said slipping and falling was caused by the dangerous and un- RESOLUTION N0. 245--49 Whereas a petition has been Piled with the City Council asking that the area bounded by Seminary, Am- brose, Rosedale and Avoca Streets be rezoned from Single Family Res- idence classification to Multiple Residence classification. And Whereas, said petition was duly referred to the Planning and Zoning Commission for investiga- tion and report; and Whereas, said Planning and Zon- ing Commission has filed its re• port; and Whereas, before the zoning map and zoning ordinance of the City 448 Special Session, August 8th, 1q.~9 of Dubuque may be changed, it is necessary that a public hearing be held thereon; and Whereas the City Council deems it advisable to hold such public hearing, THEREFORE, BE IT RESOLV- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: That there should be a public hearing on the question of rezoning from Single Family Residence clas- siffcation the fallowing described real estate located in the City of Dubuque: "The area bounded by Seminary, Ambrose, Rosedale and Avoca Streets:' That the time and place for said public hearing be and the same is Hereby fixed far 7:30 o'clock p. m. on the 29th day of August 1949, in the City Council Chamber, City Hall,. Dubuque, Iowa; that the City Clerk be and he is hereby di- rected to cause to be published in the Telegraph Herald, the official newspaper of the City of Dubuque, notice of such hearing, the same to be so published so as to leave rot less than fifteen days between the day of such publication and the day fixed for said hearing, and that said notice shall contain among other things the provision that any and al] parties in interest and any and all citizens shall have an op• portunity to abject and be heard. Passed, adopted and approved this 8th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. Shea . City Clerk. Councilman Welu moved the a- doption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. RESOLUTION N0. 246-49 Whereas a petition has been filed with the City Council asking that the property at the northwest cor• ner of Central Avenue at 32nd Street known as the Heim Brick- yards as follows: Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Heim Sub, now "Single Family Classification; Lots 2 of 2 and 2 of 1 of 2 of Mineral Lot 363, now "Local Business and Multiple Family Classification" all be rezoned to "Light Industrial Classification." And Whereas, said petition was duly referred to the Planning and Zoning Commission for investiga- toin and report; and Whereas, said Planning and Zon- ing Commission has filed its re- port; and Whereas, before the Zoning Map and Zoning Ordinance of the City of Dubuque may be changed, it is necessary that a public hearing be held thereon; and Whereas the City Council deems it advisable to hold such public hearing, NOW, THEREFORE, BE IT RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: That there should be a public hearing on the question oP rezoning the "northwest corner of Central Avenue and 32nd Street known as the Heim Brickyards as follows: Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Heim Sub, now `Single Family Clas- sifications, Lots 2 of 2 and 2 of 1 of 2 of Mineral Lot 363, now `Local Business and Multiple Family Clas- sification," real estate located in the City of Dubuque, to "Light Industrial Classification." That the time and place for said public hearing be and the same is hereby fixed for 7:30 o'clock p.m. on the 29th day of August, 1949, in the City Council Chamber, City Hall, Dubuque, Iowa; that the City Clerk be and he is hereby directed to cause to be published in the Telegraph Herald, the official news• paper of the City of Dubuque, no- tice of such hearing, the same to be ao published so as to leave not less than fifteen days between the day of such publication and the day fixed for said hearing, and that said notice shall contain among other things the provision that any and all parties in interest and any Special Session, August 8th, 1949 449 and all citizens shall have an op- portunity to object and be heard. Passed, adopted and approved this 8th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen, Attest: J. J. Shea City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Thompson, Van Duelman, Welu, Nays -None. Absent -Councilman Russo. RESOLUTION NO. 247.49 r WHEREAS, applications f o r Beer Permits have bee^ submitted to this Council far 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 John E. Kringle, 64 Locust St. Class "C" Permit Nick Tsacudakis, 3166 Jackson Street Passed, adopted and approved this 8th day of August, 1949. ALBERT WHARTON Mayor. F, W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. RESOLUTION N0. 24&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 com• ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. Class "B" Permit John E, Kringle, 64 Locust St. Class "C" Permit Nick Tsacudakis, 3166 Jackson Street. BE IT FURTHER RESOLVED that the bands filed by such ap- plicants be and the same are tiere- by approved. Passed, adopted and approved this 8th day of August, 1949. ALBERT WHARTON Mayor. F, W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Councilmen, Attest: J, J. SHEA City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. RESOLUTION N0. 249-09 Whereas, the Dubuque Amvets have made application to the City Council for permission to hold an air show at the City Airport on the 11th day of September 1949. And Whereas, the City Council deems it advisable that permission should be granted upon certain terms and conditions. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE: That the Dubuque Amvets be and they are hereby granted per- 45~ Special Session, August 8th, 199 mission to put on and hold an air show at the Municipal Airport of the City of Dubuque on the 11th day of September 1949, upon the following terms and conditions, to-wit: 1. The use of the airport shall be subject to the rights oP all present and existing contracts for the use, occupancy and operation of the airport, 2. The use and control of the airport for the air show shall be subject to the supervision and con• trol and direction of the City Man• alter of the City of Dubuque. 3. The Applicant shall deposit in cash with the City of Dubuque ten days before the date of the air show $200.00 in cash to in- sure the cleaning and restoration of the premises in the condition they were in before the holding of the air show. 4. The Applicant shall deposit with the City of Dubuque ten days before the holding of the air show a liability policy to protect the City of Dubuque in the amount of $25,000.00 from any and all kinds of damages that may arise from the holding of said show. 5. There shall be no application for waivers made to the C.A.A, of its regulations unless the same shall be joined in with the City of Dubuque. 6. A violation of any of the above provisions shall work a for• feiture of the permit hereby grant- ed. Passed, adopted and approved this 8th day of August 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELD Councilmen. Attest: J. J, SHEA City Clerk. ACCEPTANCE OF RESOLUTION Dv,buque Amvets having f u 11 knowledge and understanding of all the terms ant conditions of the above Resolution hereby ac• cepta the same as adopted and agrees to comply with all the terms and conditions thereof. Signed this 17th day of August L949, DUBUQUE AMVETS By Charles Scherrer, Com- mander Raymond C. Langfitt, Trus- tee Councilman Thompson moved the adoption of the resolution. Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo. RESOLUTION N0. 250119 Resolution authorizing the exe- cution of a contract to contribute toward the cost of the Dubuque Humane Society and its work in the City of Dubuque. BE IT FURTHER RESOLVED BY THE CITY OF DUBUQUE, that the Mayor and Clerk of said City be and they are hereby direct- ed to execute a contract on behalf of the City of Dubuque, which con- tract is hereto attached and made apart hereof, authorizing the pay- ment of $75.00 per month to the Dubuque Humane Society for the collection and protection- of dogs, maintenance of a shelter or pond for unlicensed or untagged dogs, for destruction or other disposition of seized dogs not redeemed as provided .by law, and for such other services performed by them in such work. Approved and placed on file for one week for public inspection this 8th day of August 1949. Councilman Thompson moved that the resolution be approved and placed on file for at least one week. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Thompson, Van Duelman, 1Velu. Nays -None. Absent -Councilman Russo. RESOLUTION NO, 251-09 Resolution awarding contract for the collection and disposal of gar- bage, decayed matter and dead animals. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Special Session, August 8th, x949 451 OF DUBUQUE, IOWA that a con• tract be awarded to C, H, Rhom- berg for the collection and disposal of garbage, decayed matter and dead animals in said City at the annual cost to said City of $32,- 750.00 per year, said contract to cover a period of five (5) years from the 1st day of October 1949. BE IT FURTHER RESOLVED that the Mayor and Clerk of said City be and they are hereby direct- ed to execute said contract on behalf of the City of Dubuque, Iowa, said contract to be in accord- ance with the proposal executed and submitted by the contractors and the published notice to bidders as authorized by the City Council, on the 21st and 28th days of July 1949, all of which are hereby made a part hereof, by reference thereto, the form of contract to be approved by this Council before the same is finally executed. cilmen Thompson, Van Duelman, Welu. Nays -None. Absent -Councilman Russo, J. J. SHEA City Clerk. AAProved .............. ................ 1949. Adopted ................ ................ 1949. ^,ouncIlmen: j ..... ............................ Attest :................... ............................. City Clerk. Approved and placed on Pile for one week for public inspection this 8th day of August 1949. Councilman Welu moved that the resolution be approved and placed on file for at least one week, Seconded .by Councilman Van Duelman, Carried by the fol• lowing vote: Yeas - Mayor Wharton, Coun- cilmen Thompson, Van Duelman, Welu, Nays -None. Absent -Councilman Russo. Mr. Charles Egelhof and others addressed the Council with refer ence to the use of the old airport grounds for the holding of stock car races and also requesting that they be granted a lease. Council advised Mr. Egelhof and the others present to present their request to the Board of llock Commissfon• ers as this land is under the con- trol of the Dock Board. There being no further busi- ness Councilman Van Duelman moved to adjourn. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Wharton, Coun- 452 Special Session, August 8th, 1949 Board Of Health (OHicial.) Special Session, August 8th, 1949 Board met at 8:00 p.m. Present -Chairman Albert Wharton, Messrs. F. W. Thompson, Frank Van Duelman, Clarence P. Welu. City Manager Rhomberg. Absent - Mr. Romolo N. Russo. Chairman Wharton stated that this meeting is called for the pur- pose of discussing the polio situa• tion with Health Director Dr. Al- bert Entringer and Dr. R. P. Rusk, Dr. T. J. Greteman and Dr. C. J. Fainter. RESOLUTION N0. 243.49 Be it Resolved By the Board of Health of the City of Dubuque, Iowa: That the citizens of the City of Dvbuque maintain t b e present polio restrictions, and That all citizens continue to co• operate, and That all adults are discouraged from congregating unnecessarily in groups. Passed, adopted and approved this 8th day of August, 1949. ALBERT WHARTON Chairman. F. W. THOMPSON FRANK VAN DUELMAN CLARENCE P. WELU Members, Bd. of Health. Attest: J. J. SHEA Clerk, Board of Health. Mr. Clarence P, Welu moved the adoption of the resolution. Sec- onded by Mr. F. W. Thompson, Carried by the following vote: Yeas -Chairman Albert Whar- ton, Messrs. F. W. Thompson, Frank Van Duelman, Clarence P. Welu. Nays -None. Absent - Mr. Romolo N. Russo. There being no further business Mr. Frank Van Duelman moved that the Board of Health meeting adjourn. Seconded by Mr. F. W. Thompson. Carried by .the follow• ing vote: Yeas -Chairman Albert Whar• ton, Messrs, F, W. Thompson, Frank Van Duelman, Clarence P. yVela, Nays -None. Absent - Mr. Romolo N. Russo. J. J. Shea. Clerk, Board of Health. Approved ............................. 1949. Adopted ............................... 1949. Members of j ...................................... Bd. of Health Attest: _ ........................................ Clerk, Board of Health. Special Session, August 1849 453 Board Of Health (Official.) Special Session, August 24th, 1949, Board met at 4:35 p.m. Present -Chairman Albert Wharton, Messrs. Romolo N. Russo, F. W. Thompson, Frank Van Duel- man, Clarence P. Welu. City Man- ager Rhomberg. Chairman Wharton stated that this meeting is called for the pur- pose of discussing the Polio situa- tion with Health Director Dr. Albert Entringer. Dr, entringer addressed the Bd. of Health meeting and submitted a history of the Polio situation as it now exists in Dubuque and rec- ommended that the Polio restrict tions be lifted as to the activities previously restricted. RESOLUTION N0. 252.49 WHEREAS, the outbreak of pol- iomyelitis or infantile paralysis in the City of Dubuque has subsided to the degree that the number of new cases has dropped sharply and as a result thereof this com- munity is no longer considered an epidemic area, and WHEREAS, it is the recommen- dation of the Public Health Com- mittee of the Dubuque County Med- ical Society that the order pro• hibiting the congregation of chil- dren sixteen years of age and younger be rescinded: NOW, THEREFORE, BE IT RESOLVED by the Board of Health of the City of Dubuque, Iowa that the action of July 28, 1949 prohibiting the congregation of children sixteen years of age and younger is hereby rescinded; and BE IT FURTHER RESOLVED that the public be urged to con- tinue all precautionary measures, to observe all sanitary regulations and to cooperate to the end that the public health be safeguarded and conserved. Passed, adopted and approved this 24th day of August, 1949. ALBERT WHARTON Chairman. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELD Members of Bd. of Health. Attest: J. J. SHEA Clerk, Board of Health. Mr. Clarence P. Welu moved the adoption of the resolution. Seconded by Mr. Frank Van Duel- man. Carried by the following vote: Yeas -Chairman Albert Whar- ton, Messrs. Romolo N. Russo, F. W. Thompson, Frank Van Duel- man, Clarence P. Welu. Nays -None. There being na further business Mr. Frank Van Duelman moved that the Board of Health meeting adjourn. Seconded by Mr. Romolo N. Russo. Carried by the following vote: Yeas -Chairman Albert Whar• ton, Messrs. Romolo N. Russo, F, W. Thompson, Frank Van Duel• 'man, Clarence P. Welu, Nays -None. J. J. SHEA Clerk, Board of Health Approved .............................. 1949. Adopted ................................ 1949. Members of ~ ...................................... Bd, of Health Attest: ..__. ..._ ........... .......... ... .. Clerk, Board of Health ~ ~~IA~R~~~~~ Special Session, August 29tH, 1949 Ci#~ Council ~Offfcial) Special Session, August 29th, 1949. Coahcil met 2t 7:30 p.m. Present -Mayor Wharton, Councilmeh Russo, Thompson, Van Duelman, Welu. City Manager Rhamberg. ffieeting called by order of Coun• ctisrien Thompson and Van Duel- man. Mayor Wharton read the call and stated that service thereof had been duly made and that t h i s meeting is called for the purpose of levying special assessments for the construction of sanitary sewers aad appurtenances in what is known as the Bradley Street Sewer District as delimited by Ordinance No. 23.48, also for the improvements of Simpson and Cross Streets, also for considering bids submitted for the construc- tion of sanitary sewers and for ' the curbing and guttering on Balke Street and acting on any other business as may propertly come before a regular meeting of the City Council, Proof of publication, certified to ~y the publishers, of notice of levy of special assessment and inten- tion of the City Council to issue bonds for the construction of sani- tary sewers and appurtenances in what is known as the Bradley Street Sewer District as delimited by Ordinance No. 23.48, presented and read. Councilman Van Duel- man moved that the proof of pub- lication be received and filed. Seo- onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. August 29, 1949 Council of City of Dubuque Dubuque, Iowa Honorable Sirs: We the undersigned owners of real estate located in the City of Dubuque and known as lots 29, 30, 31 and 32 in Grandview Park Addition do hereby file abjection to the proposed assessment on the Bradley St. sewer on the fol• lowing grounds: Proper notice was not given of the meeting of August 29, 1949 for the issuance of special assessment for the Bradley st. sewer. Notice a'as published in only one news- paper and as Eby law two is re- quired. Second, notice of the hearing on the resolution of necessity on the Bradley St, sewer improvement was not in accordance with the requirements of law because only one notice was published instead of two as required by law. Third, the proposed special assessment is in excess of the three dollars per lineal sewer foot as per statutes in effect at that time. Respectfully submitted, B. W. Nowlin Laura Nowlin Councilman Van Duelman moved that the petition be received and made a matter of record. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas - Mayor Wharton, Coun• oilmen Russo, Thompson, Van Duelman, Welu. Nays-None. Councilman Russo moved that the objection be referred to the City Solicitor for investigation and report. Seconded by Councilman \Velu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Dubuque, Iowa August 29, 1949 Members of the City Council Dubuque, Iowa. Dear Sirs: I would like to go on file as objecting to the Sewer Assess- ment on Lots No. it and No. 12 in Block 9 of Grandview Park. As I understand, when the con• tract was let, the assessment Special Session, August zgth, 1949 455 would be three dollars a lineal foot. The final assessment was five dollars a foot. Sincerely, S. G. Dye 385 Bradley St. Councilman Van Duelman moved that the petition be received and made a matter of record. Second- ed by the Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None, Councilman Russo moved that the objection be referred to the City Solicitor @or investigation and report. Seconded by Councilman Welu. Carried by the following Vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. August 29, 1949 To the Honorable Members of the City Council of Dubuque: We, the owners of the property described as Lots 9 & 10 in block 9 of Grandview Park Addition here- by object to the proposed special assessment for the construction of the Bradley St. sewer because the assessment exceeds t h e amount allowed by law and the notices of the sewer assessment proceedings were not published as required by law. 0. Richard Braun Maurine J. Braun Councilman Van Duelman moved that the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. Councilman Russo moved that the objection be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. City Council August E9, 1949. Aubuque, Iowa Gentlemen: It is my upderstanding that at the time of the contract for the Bradley St. sewer prpject, the cost to property holders was to be $3.00 per foot, plus $62.50 per ~Ii ft. lot on the lifting station cost. It now seems the ante has been raised to $5.00 per front foot, and I object feeling that the quoted price at time of letting should determine cost now. Your consideration and action will be appreciated. A. L. Salz Councilman Van Duelman moved that the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Walu. II Nays -None, Councilman Russo moved that the objection be referred to the City Solicitcr for investigation and report. Seconded by Councilman Welp. Carried by the fallowing VGte: Yeas--Mayor Wharton, Council- men Russo, Thompson, Van Duel- nian, Welu. ?Nays-None. August 29, 1949 To the Members of City Council of Dubuque, Iowa Gentlemen: Writer has just been advised of the cost of the Bradley Street sewer job. No, 1 In view of the fact that the Iowa Law read so as that we were to be assessed $3.00 per lineal foot for paving or sewer-this law being in effect at time the jab was let -I believe the present assessment of $5.00 per ft. to be quite high, I can well appreciate the law has since been changed-but, in view this contract was let under the old law-believe it should apply in this instance. I therefore, wish to go on record, as objecting to the assessment as it now stands- Yours truly, Ed. TuTnquist 255 Bradley St, Dubuque, Iowa a56 Special Session, August 9th, 1949 Councilman Van Duelman moved that the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson Van Duel- man, Welu. Nays -None. Councilman Russo moved that the objection 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. August 29, 1949 City Council Dubuque, Iowa Gentlemen: I understand from a neighbor that the cost to the property hold• ers far the Bradley St. Sewer far exceeds amount originally estimat- ed. At the time the project was act- ed on I understood the maximum charge per lineal foot was set by law at $3.00. Today I have been told that the proposed charge was $5.00 with an additional charge of approximately $62.50 per 25 toot to cover the lift station. As such an excess charge over the maximum allowed, as stated by the city attorney at the Council Meeting, would be grossly unfair to the property owners affected, I trust my information is incorrect and that your Honorable Body will set an assessment in conformity with the original statements made by the City Attorney on this sub• ject. Truly yours, Frank T. Nagele 285 Bradley St. City Councilman Russo moved that the objection .be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Honorable City Council City of Dubuque The undersigned G. H. Holscher and Robert G, Holscher owners of the real estate described as: Lots 1, 2, 3, 4 Block 9, Grandview Park Addition Robert G. Holscher Lots 5, 6, 7, 8, Block 9, Grandview Park Addition G. H. Holscher hereby object to the proposed sew- er assessment against property hereby described for the reason that proposed assessment•is in ex- cess of the amount permitted by law and for the further reason that notice of the RESOLUTION OF NECESSITY and notice of assess- ment were not published in accord• ante with the statutes of the state of Iowa. Dated this 29th day of August, 1949. G. H. Holscher Robert G. Holscher Councilman Van Duelman moved that the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel- man, Welu. Nays -None. Councilman Russo moved that the objection 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. Councilman Van Duelman moved that the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Special Session, August 29th, x949 45i To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I am the owner of certain real estate on Bradley St. in this city, against which you proposed to levy certain special assessments for the installation of sanitary sewer and pumping station in, along and near Bradley Street, I hereby protest and object to the issuance of a special assessment against my property - of which you have a record - for the construction of said sewer and station and improve• ments in the Bradley Street sewer district for the following reasons: 1. The notice of the hearing on the issuance of special assessments against my property for this project did not comply with the statutes in that notice was published only in one newspaper published in Du- buque and not in two as is required by section 391.53 of 1946 Code of Iowa. 2. The proposed special assess- ment as listed in the schedule now on file in the office of the City Clerk proposes to assess my prop- erty for the sewer proper in excess of $3.00 for each linear foot of said sewer. Section 391.42 of the 1946 Code of Iowa was amended July 4, 1949. Hence, the $3.00 per linear foot ]imitation applies and to the extent that and special assessment for said sewer improvement is in excess of $3.00 it is illegal,. im- proper and contrary to law and hence not a lien on the property owned by me. 3. No portion oP the cost of the sewer proper is being charged or assessed to adjacent property but rather is being assessed in full a• gainst abutting property. Section 391.42 requires that such adjacent property be assessed "in proportion to the benefit thereto, and accord- ingly, the proposed assessment a- gainst my property is excessive, arbitrary and inequitable. 4. It is requested that these ob- jections ,be made a matter of rec- ord. U. S. Lewis Jr. Marie G. Lewis Councilman Van Duelman moved that the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu, Nays -None. Councilman Russo moved that the objection 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. To the Honorable Mayor and City Council of the City of Dubuque, Iowa Comes now the Dubuque GoIY Ciub, an Iowa corporation and states: That it is the owner of the fol- lowing described real estate situ- ated in the City of Dubuque, Du- ~buque County, Iowa: Lots 43, 44 and 54 to 62, both inclusive in Grandview Place, Lots 1 to 34, both inclusive in Block 3; Lots 17 to 32, both inclusive in Block 9; Lots 16 to 31, both in- clusive in Block 10, and Lots 1, 2, 3 and 4, all in Grandview Park; That said Dubuque Golf Club does here object to the proposed special assessment against each and all of said lots on account of the construction oP a sewer, sewer lift and force main in the sewer district in which the above describ- ed lots are embraced, upon the fol- lowing grounds and for the follow- ing reasons: 1. That saifl property receives i:o special benefits .rom said sewer, sever lift or force main a,nd said proposed assessment is in excess of any such benefits and contrary to law; 2. That the proposed assessment against each and all of said lots exceeds twenty-five per cent of the actual value of each and all of said lots and is contrary to law; 3. That the City Council of the City of Dubuque, Iowa is without jurisdiction at this time to levy 4~8 Special Session, August 29th, 1949 any special assessment against the above described property on ac- count said sewer, sewer lift or force main for the reason that it has failed to give notice as required ,bY Section 391,53 of the 1946 Code of Iowa, which requires the Coun- cil to give notice by two public~~ lions in each of two newspapers published in the City of Dubuque, Iowa, in that such notice was pub• lashed only in the Telegraph Herald newspaper while at the same time another newspaper, namely, the Du- buque Leader, was published and being published in the City of Du• buque, Iowa; that said Statute pro- vides: "The Council shall give notice by two publications in each of two papers published in the City if there be that number." Dated this 29th day oY August, 1949. DUBUQUE GOLF CLUB, By F. D, Gilloon Its Attorney Councilman Van Duelman moved that the petition be received and made a matter oY record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel• man, Welu, Nays -None. Councilman Russo moved that the objection be referred to the City Solicitor Por 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, Auguxt 29, 1949 Objection to Sewer Assessment TO: THE HONORABLE MEM- BERS OF THE CITY COUNCIL CITY OF DUBUQUE, IOWA The undersigned, Frank A. Fluck- iger, owner of the real estate des- cribed as follows: Lots 20, 21, 22, 23, 25, 26 and the Southeasterly 5' of Lot 27 in Block 2 in Grandview Park Addition in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof, hereby objects to the proposed sew- er assessment against the property above described for the fallowing reasons: (1) The cost of said sewer, as assessed, is in excess of the "three dollars per linear foot of sewer" which is the maximum assessment permitted by Section 391.42, Code of Iowa, 1946. (2) The amendment to said Sec• lion 391.42, enacted .by the Fifty- Third General Assembly of the State of Iowa, effective July 4, 1949, is not retroactive in its effect and is inapplicable to the proposed assessment against the property above described. (3) The notice of the time fixed by the Council for the considera- tion of the proposed resolution of necessity was not published as re• quired by Section 391.24, Code of Iowa, 1946. (4) The notice of assessment for said sewer was not published as required •by Section 391.53, Code of Iowa, 1946. (5) That on February 28, 1949, the date of the hearing by the Council of the proposed resolution of necessity with reference to said sewer, the undersigned did not ap• pear nor object for the reason that, as by law provided, the assessment for said sewer could not. be in excess of three dollars per linear foot of sewer. WHEREFORE, the undersigned petitioner objects to any special as- sessment for said sewer against the property above described in any a- mount in excess of three dollars per linear foot of sewer for the front footage of the property above described. FRANK A. FLUCKIGER By Edward McDermott His Attorney Councilman Van Duelman moved that the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Special Session, August z9th, 1949 459 Councilman Russo moved that the abjection be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilman Russo, Thompson, Van Duel• man, Welu. Nays -None. T0: The Honorable Members of the City Council, City of Dubuque, Dubuque, Iowa, Gentlemen: We the undersigned, owners oP Lots 3, 4, 5 and 6 in Block 1, Grandview Park Addition, City of Dubuque, Iowa, and Lots lA, 1, 2, 3, 4, 5, 6, and 7 in Block 10, Grandview Park Addition, City of Dubuque, Iowa, hereby protest and object to the issuance of a special assessment against the aforesaid described real estate because of the construction of sanitary sewer, pumping station and mains and other improvements in connection therewith in the Bradley Street Sewer district for the fallowing reasons: 1. The notice of the hearing on the Resolution of Necessity for said sewer improvement as re- quired by Section 391.24 of the 1946 Code of Iowa is to be given `by two publications in some news- paper published in the city....". In fact, the publication of the notice of the hearing of said Resolution of Necessity was published only once on February 10, 1949 as is shown and stated in the affidavit of F. W. Woodward dated February 14, 1949, which affidavit is on file in the office of the City Clerk, City of Dubuque, Iowa. By virtue of the failure to have given the two publications as required by Statute the entire proceedings are void for the reason that the giving of notice by statute is jurisdic- tional. 2. The notice to be given of the meeting for the issuance of special assessments in connection with said sewer improvement is set forth in section 391.53 of the 194fi Code of Iowa, which section provides that "After filing the plat and schedule for said improve- menu or sewers, or the report of cost of ailing, oiling and gravel- ing or shaling costs, the Council shall give notice by two publica- tions in each of two newspapers published in the city, if there be that number, otherwise in one, and by handbills posted in con- spicuous places along the line of such street improvement ar sew- er..." In fact, the notice of said meeting was given twice in the Telegraph Herald only, a news- paper published in Dubuque, Iowa and no other notice was given, notwithstanding that there are two newspapers published in the City of Dubuque, Iowa. By virtue of the failure to have given two no- tices in each of two newspapers published in Dubuque, Iowa, these proceedings are void and the por- posed special assessments are null and void and of no effect as the giving of notice is jurisdictional. 3. The proposed special assess- ment as provided in the schedule now on file in the office of the City Clerk far said sewer improve- ment contains the assessment of property in excess of $3.00 of linear feet for said sewer proper. Section 391.42 as it existed at the time of the adoption of the Resolu- tion of Necessity for said improve- ment (February 7, 1949, finally approved February 28, 1949) and at the time of the awarding of the contract for said improvement to Larson Construction Company (March 20, 1949) provided that the maximum assessment against property abutting on such sewer shall be $3.00 per linear foot of sewer. The proposed assessment as shown in the plat and schedule an file in the office of the City Clerk for this project contains a linear foot assessment of $4.92 and to the extent that said assess- ment or proposed assessment is in excess of $3.00 per foot it is con• trary to law and null and void and of no force and effect. The repeal of said $3.00 per linear foot of sewer limitation by the 53rd Gen• eral Assembly, effective July 4, 1949, has no application whatever to the proposed levy or assess- ment in view of the fact that the Resolutions of Necessity and n~ Special Session, August 29th, 1849 awarding of contract were prior to July 4, 1949 and that actual installation of the sewer improve- ment was substantially completed prior to July 4, 1949; and the Act bf the 53rd General Assembly (Chapter 169), in view oY the terms thereof, cannot be given retroactive effect, 4. Because the proposed assess- ments are more than is authorized by law in that the proposed assess- ments are not in proportion Co the special benefits conferred upon the property by said improvement and for the further reason that such assessments are in excess of 25 Per cent of the actual value of said lots at the time of the levy. An arbitrary valuation has been established upmi said lots in said schedule of special assessments. For example, the following sched• ule shows the assessed values and the proposed special assessments: 2escssed Enecial Valua~ Assess- De~:ciption Lot lA, Block 1D .. lion . $40.00 meats $36.22 I,ot 1, Block 10 ..._ .., 40.00 31.84 Lot 2, Blcck 10 .... ... 40.00 174.90 Lot 3, Block 10 ._. ..,. 40.00 184.06 Lot 4, Block 10 .... .... 40.00 184.56 Lat 5, Block 10 ... .. 40.00 185.06 Lot 6, Block 10 .,. ... 60.00 185.55 Lot 7, Block 10 ... ... 60.00 186.04 5. The special assessment pro- posed for the sewer property is assessed solely on property abut- ting the improvement with no por• lion thereof being assessed to that said adjacent property will be benefited by said sewer improve- ment. Section 391.42 requires that such adjacent property be assessed "in proportion to the benefit thereto" and accordingly, said assessment for the sewer property is excessive and unequit- able. 6. That these objections shall be made of record so that in the event the District Court of Iowa in and for Dubuque County re- frains or restrains the City of Du- buque from collecting the proposed special assessment that these ob- jections shall be proof that the City of Dubuque, Iowa, through its Mayor and Council, have been duly notified. Dated this 29th day of August, 1949. William N. Ziepprecht Lenore R, Ziepprecht Ann Ziepprecht Councilman Van Duelman moved that the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nay s -None. Councilman Russo moved that the objection be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Proof of publication, certified to - by the publishers, of notice of levy of special assessment and intention of the City Council to issue bonds for the improvement of Simpson Street (north side) from the west property line of Fremont Avenue to the east prop- erty line of Cross Street, amount of assessment $4,800.66, presented and read. Councilman Thompson moved that the proof of publica- tion be received and filed. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. SCHEDULE OF ASSESSMENTS. Resolution No. 253-49 Resolved by the City Council of the City of Dubuque: That to pay for the improving of Simpson Street (north side) from the west property line of Fremont Avenue to the east property live of Cross Street, Thos. Flynn Coal Company, contractor, in front of and adjoin- ing the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, sit- uated and owned, and for the sev- eral amounts set opposite each lot Special Session, August z9th, 1949 461 or parcel of real estate as follows: Owner. Lot. Location. Assessment. Theo. E. and Hazel B. Rich- ards, Lot 1, Rolling Green Sub . ............ .........................$20292 Theo. E. and Hazel B. Rich- ards, Lot 4, Rolling Green Sub., S. r/a ............................1 110.52 Robert M. and Artie C. Seip- pel, Lot 2, Rolling Green Sub ......... ................_ ........ 65.26 Florence M. Hauptli, Lot 3, Rolling Green Sub ............. 24.01 Florence M, Hauptli, Lot 4, Rolling Green Sub. N. ~ . 12.07 Peter J. Seippel, Lot 4, Roll- ing Green Sub., M. r/s,...:,. 32.80 Peter J. Seippel, Lot 5, Roll- ing Green Sub ..................... 155.31 Close F, and Ellen H. Gollo- bits, Lot 6, Rolling Green Sub . .................................... 146.73 Thos. and Inez Lilly, Lot 7, Rolling Green Sub ............. 146.73 Thos. and Inez Lilly, Lot 8, Rolling Green Sub., W. ~z 86.41 Kermit and Elaine Meyers, Lot 8, Rolling Green Sub., E. r/i .................................... 86.42 Kermit and Elaine Meyers, Lot 9, Rolling Green Sub... 146.73 Emma A, Wurst and Ed. W. Henak, Lot 10, Rolling Green Sub ..................... ... 164.03 Emma A. Wurst and Ed. W. Henak, Lot 11, Rolling Green Sub., W. '/z ...,,.... 73.35 John W. and Cath. Kintzing- er, Lot 11, Rolling Green Sub., E. 1/z ... ....... ............. 73.35 John W. and Cath. Kintziug- er, Lot 12, Rolling Green Sub' ..................._ _., ......, 164.03 Peter J. Seippel, Lot 13, Rolling Green Sub, _ _...,,. 164.03 Peter J. Seippel, Lot 14, Rolling Green sub., W. 25 ft. __ ....... ..... .. _._..,...._ 73.35 Maurice J. and Helen Dona- hue, Lot 14, Rolling Green Sub., E. 25 ft ................... 73.35 Maurice J. and Helen Dona- hue, Lot 15, Rolling Green Sub ...................................... 164.03 Wm. E, and Hilda A. Brown, Lot 7, Alber Addition, E. 72.6 ft....._._ .......................... 230.05 Wm. E, and Hilda A. Brown, Lot 7, Alber Addition, W. 10 ft ................._.......,............ 29.36 St. Luke's Methodist Church, Lot 6, Aiber Addition ........ 222.73 Cyril H. and Katherine K. Loosbrack, Lot 5, A l b e r Addition ................................ 222.73 Paul H, and Anna C. Brown, Lot 4, Alber Addition ..... 205.43 Paul H. and Anna C. Brawn, Lot 3, Alber Addition.......... 205.43 Paul and Bertha A. Bazel- ides, Lot 2, Alber Addition 206.43 Paul and Bertha A. Bazel- ides, Lot 1, Alber Addition 259.42 Ed. C, and Madelin Tschudi, Lot 1, Simpson's Add., Sub. 45 ...........................:................ 233.30 Samuel and Rebecca Barvin, Lot 2, Simpson's Add., Sub. 2-45 .,...._ .................................. 256.14 University of Dubuque, Lot 1, Simpson's Add,, Sub. 2• 45 .......:.................................... 44.23 Reuben and Alta Pline, Lot 46, Simpson's Add ............... 621.10 $4,800.66 1,633.2 Lin. Ft. Concrete Curb and Gutter @ $2.65 $4,062.98 38.9 Lin. Ft. Radius Con- crete Curb and Gutter @ $2.65 .................................... 103.09 34.8 Sq. Yds. Driveway Concrete @ $6.00 ............ 208,80 2 Lin. Ft. 15 In, R.C.F. @ $3,00 .................................... 6.00 1 Each Catch Basin @ $250,00 ......................... .... 250.00 $4,630,87 Extra Expense @ 2.8% 129.66 Interest at 6% for 52 Days 40,13 Total Assessment ......,.....$4,800.66 All of which fa assessed in pro- pm•tion to the special benefits conferred. Passed, adopted and approved this 29th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VA NDUELMAN ROMOLO N, RUSSO CLARENCE P. WELD Councilmen. Attest: J. J. SHEA City Clark. Councilman Van Duelman moved 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. 462 Special Session, August 29th, 1949 Proof of publication, certified to by the publishers, of notice of the intention of the City Council to issue bonds in the amount of $4,- 800.66 to provide for the cost of the improvement of Simpson St. (north side) from the west prop- erty line of Fremont Avenue to the east property line of Cross Street, presented and read. Coun- cilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu, Nays -None. (Resolution Providing for the Is- suance of Public Improvement Bonds.) GITY OF DUBUQUE, IOWA RESOLUTION N0. 254.49 WHEREAS, the contract hereto- fore entered into by the City of Dubuque far the improving of Simp- son Street (north side) hereinafter described, has been completed and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and ex- pense thereof to be $4,800.66. AND WHEREAS, public notice as provided by law has been published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the improve- ment of Simpson Street (north side) from the west property line of Fremont Avenue to the east property line of Cross Street there be issued improvement bonds to the amount of $4,800.66. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 28th day of 5ep• tember, 1949, shall .be in denomina• lions of $300.00, except that there shall be one bond to the amount of $3D0.66. They shall be number- ed from 4179 to 4194 inclusive and shall be divided into ten series, of which the bond numbered 4179 shall constitute the first series and shall be payable the first day of April, A, D. 1950, the bond numbered 4180 shall constitute the second series and shall be payable the first day of April,. A. D. 1951, the bond numbered 4181 shall con• stitute the third series and shall be payable the first day of April., A. D. 1952, the bond numbered 4182 shall constitute the fourth series and shall be payable the first day of April,. A. D. 1953, the bonds numbered 4183 and 4184 shall constitute the fifth series and shall be payable the first day of April, A. D. 1954, the bonds numbered 4185 and 4186 shall con- stitute the sixth series and shall be payable the first day of April., A. D. 1955, the bonds numbered 4187 and 4188 shall constitute the seventh series and shall be payable the first day of April., A. D. 1956, the bonds numbered 4189 and 4190 shall constitute the eighth series and shall be payable the first day of April., A. D. 1957, the bonds numbered 4191 and 4192 shall con- stitute the ninth series and shall be payable the first day of April., A. D. 1958, the bonds numbered 4193 and 4194 shall constitute the tenth series and shall be payable the first day of April. ,A. D. 1959. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bands shall be payable out of the pro- ceeds oP the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be sub- stantially in the following form: No ..................................... Series No ............................... CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as Special Session, August 29th, 1949 463 hereinafter mentioned to the bear- er hereof, on the first day of April, A. D. 19_ ., or any time before that date at the option of the City, the sum of ...................... HUNDRED DOLLARS, with in- terest thereon at the rate oP five per cent. per annum, payable on the presentation and surrender of the interest coupons hereto at- tached, both interest and principal are payable at the office of the City Treasurer in the City of Du- buque in the State of Iowa, This band is issued by the City of Du- buque pursuant to and by virtue of Chapter 336 of the Code of Iowa, 1946, and in accordance with a resolution of the City Council of said Gity, duly passed on the 29th day of August, 1949. This bond is one of a series of 16 bonds, 15 for $300.00 numbered from 4179 to 4193 inclusive, and one for $300.66 numbered 4194, all of like tenor and date, and issued for the purpose of the improve- ment of Simpson Street (north side) from the west property line of Fremont Avenue to the east property line of Cross Street and described in said resolution; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutt- ting or adjacent property, and payable in ten annual installments, with interest on all deferred pay- ments at the rate of five per cent. per annum, and this ,bond is pay- able only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done prece- dent to and in the issuing of this series of bonds, have bee^ done, happened and performed in reg- ular and due form as required by said law and resolution; and for the assessment, collection and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to Abe signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this. 28th day September, 1949, and has authoriz• ed the use of their Pac-simile sign~~ tore to the interest coupons here- to attached. Mayor. City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ..................day of .............. A, D. 19-, the City of Dubuque, Iowa, promises to pay to the bear- er, as provided in the bond, the sum of .................................................. Dollars, at the office of the City Treasurer in the City of Dubuque, being ...,........ months interest due that day on its ..................Bond No. dated ..........., 19....... 19-. ..................................... B Mayor. Citq Clerk, Couneersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the C i t y Clerk .be and he is hereby instruct- ed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the ,bands be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk, BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. 4~ Special Session, August 2gth, 1949 A. D. 1952, the bond numbered 4166 shall constitute the fourth series and shall be payable the first day of April, A. D. 1953, the bonds numbered 4167 and 4168 shall constitute the fifth series and shall be payable the first day of April, A. D. 1954, the bands numbered 4169 and 4170 shall con- stitute the sixth series and shall be payable the first day of April, A. D, 1955, the bonds numbered 4171 and 4172 shall constitute the seventh series and shall be pay- able the first day of April, A, D. 1956, the -bonds numbered 4173 and 4174 shall constitute the eighth series and shall be payable the first day of April,. A. D. 1957, the bonds numbered 4175 and 4176 shall constitute the ninth ser- ies and shall be payable the first day of April, A. D. 1958, the bonds numbered 4177 and 4178 shall con• stitute the tenth series and shall be payable the first day of April., A. D. 1959. Said bonds shall bear interest at the rate of five per cent, per annum which interest shall be payable semi-annually, in accord- ance with the terms of the cou- pons thereto attached; and said bonds shall be payable out of the proceeds of the special assess- ment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be sub- stantially in the following form: No . .................................... Series No . .......................... CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April., A. D, 19..... ; or any time before that date at the option of the City, the sum of . ..................... HUNDRED DOLLARS, with inter- est thereon at the rate of five per cent. per annum, payable on the presentation and surrender of the interest coupons hereto attached, both interest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond s issued by the City of Dubuque pursuant to and by virtue of Chap- ter 396 of the Code. of Iowa, 1946, and in accordance with a resolu• lion of the City Council of said City, duly passed on the 28th day of August, 1949. This bond is one of a series of 16 bonds, 15 for $100.00 numbered from 4163 to 4177 inclusive, and one for $81.89 numbered 4178, all of like tenor and date, and issued for the pur- pose of the improvement of Cross Street (east side) from the south property line of Coates Street to the north property line of Simp- son Street and described in said resolution; which cost is assess- able to and levied along said im- provement, and is made by law a lien on all abutting or ad]acent property, and payable in ten an- nuai installments, with interest on all deferred payments at the rate of five per cent. per annum, and this bond is payable only out of the money derived from the collec- tion of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and per- formed in regular and due form as required by said law and resolu- tion; and for the assessments, col- lections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque .by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 28th day Septem- ber, 1949, and has authorized the use of their fac-simile signature attached. Mayan. City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ............day of ........................ A. D. 19-, the City oY Dubuque, Iowa, promises to pay to the bear Special Session, August 2gt11, 1949 467 er, as provided in the band, the sum of ......................... Dollars, at the office of the City Treasurer in the City of Dubuque, being,,...... ........months interest due that day an its ........................Bond No..........., dated ............................. 19-. Countersigned Mayor, ................................ City Clerk. BE IT FURTHER RESOLVED, that the. Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute Clerk be and he is hereby instrict- ed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to he kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner pro• vided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bands be signed with the fac-simile signature of the Mayor and countersigned with the fac• simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin ring with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 29th day of August, 1949. Approved: ALBERT WHARTON Mayor. F. W, THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo moved the adoption of the resolution. Sec• onded by Councilman Welu. Car• ried by the following vote: Yeas -Mayor Wharton, Councii• men Russo, Thompson, Van Duel- man, Welu. Nays -None. State of Iowa ss County of Dubuque I, E. G. Becker, do hereby certi- fy that on August 12th, 1949 I posted copies of the attached Na tice of Levy of Special Assessment and Intention of the City Council to Issue Bonds along the line of improvement for the improving of Cross Street (east side) from the south property line of Coates St. to the north property line of Simp- son Street, Signed, E. G. Becker. Subscribed and sworn to before me John J. Shea, a Notary Public this 12th day of August, 1949. (Seal) John J. Sl:ea, ~, Notary public in and for Dubuque County, Iowa. Councilman Russo moved that the statement .be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- man Russo, Thompson, Van Duel- man, Welu. Nays -None. Proof of publication, certified to by the publishers, of notice of public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance by re- zoning from Single Family Resi- dence classification to Multiple Residence classification the area bounded by Seminary, Ambrose, Rosedale and Avoca Streets, pre- sented and read, Councilman Thompson 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- inan, Welu. Nays -None. Ordinance No. 31.49 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque" so as to change the q.68 Special Session, August zgth, 1949 area bounded by Seminary, Am- brose, Rosedale and Avoca Streets from "Single Family Residence Classification" to Multiple Resi- dence Classification", preesented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duel• man, Welu. Nays -None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Russo. Carried .by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection far 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. Proof of publication, certified to by the publishers, of notice of public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinanco by re- zoning the property on the "North- west corner of Central Avenue and 32nd Street known as the Heim Brickyards as follows; Lots 1, 2. ,3, 4, 5, 6, 7, and S Heim Sub. now 'Single Family Classification'; Lots 2 of 2 and 2 of 1 oY 2 of Mineral Lot 363, now 'Local Business and Multiple Family Classification," real estate located in the City of Dubuque to "Light Industrial Clas- sification", presented and read. Councilman Van Duelman moved that the proof of publication be re• ceived and filed. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas - Mayor Wharton, Coun- cilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Petition of Louis S. Heim and others, living at and adjacent to the Northeast corner of Central Avenue at 32nd Street known as the Heim Brickyards, and legally described as Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Heim Subdivision and Lots 2 of 2 and 2 of l of 2 of Mineral Lot 363, objecting to the rezoning of said property to "Light Industrial Classification", presented and read. Attorney Louis Fautsch addressed the Council in support of the petitioners. Councilman Van Duelman moved that the petition be referred to the Planning and Zoning Commission for reconsidera- tion and report. Seconded by Coun- cilman Russo. Carried by the fol- lowing vote: Yeas -Mayor Wharton, Counctl• men Russo, Thompson, Van Duel- man, Welu. Nays -None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of propos• ale for the improvement of Balke Street from the north curb line of Lowther Street to the south curb line oP Groveland Place, presented and read. Councilman Thompson moved that the proof of publica- tion be received and filed. Second• ed by Councilman Welu. Carried by the fallowing vote; Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel man, Welu. Nays -None. August 29, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10:• 00 a. m. August 29, 1949 for the improvement of Balke Street from Groveland Place to Lowther Street with concrete curb and gutter. Two bids were received as are shown on the attached tabulation. The lower bid is 8.1 per cent below the Engi• peer's estimate. I recommend that the contract for the above work be awarded to Special Session, August z9th, 1949 469 K-M Construction Company whose bid is the lower and better bid received. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the recommendation of the City Manager be approved. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Due]• man, Welu, Naya -None. (Awarding Contract) RESOLUTION NO. 257-49 WHEREAS, proposals have been submitted by contractors for the improvement of Balke Street from the north curb line of Lowther Street to the south curb line of Groveland Place pursuant to Reso- 1uticn No. 238-49 and K-M Con- struction Company contractor, has submitted the lowest bid for the furnishing of all labor and materi- als and performing the work as pro- vided for in the plans and speci- fications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mention- ed improvement be awarded to K- n4 Construction Company and the 11'ianager be and he is hereby direct- ed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 29th, 1949. Councilman Van Duelman moved that the resolution be approved and placed on file for at least one week. Seconded by Councilman Thomp• son, Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu, Nays -None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of eight (8) inch sanitary sewers in the follow- ing locations: (1) Beginning at the existing M.H. located at the intersection of Burden Avenue and Link Strut and running west in Link Street to the intersection with the center line of Ba1ke Street; thence north- westerly along the centerli^e of Balke Street to a point 100 feet northerly from the northerly prop~ e~•ty line of Strauss Street. (2) Beginning et the intern°ction of the center lines of Balke and Link Streets and running west a distance of 28 fret 8 inches. (~) Beginning at the intersection of the cen±er line of Balke and Strauss Streets and running west- erly along the center line of Strauss Street to the intersection of Brunswick Street; thence soatb- erly in Brunswick Street to the intersection with the center line of Link Street,~presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Russo. Carried by tce following vote: Yeas-Mayor Wharton, Ccnncil- men Russo, Thompson, Van Duel- man, Welu. Nays-None. August 29, 1949. To the. Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10:- 00 a. m. August 29, 1949 for the construction of sanitary sewers in Balke, Link and Brunswick Streets. Two bids were received which are shown on the attached tabulation. The lower bid is 20 per cent great- er than the Engineer's estimate. I recommend that the contract for the above work be awarded to the Thos. Flynn Coal Company whose ,bid is the lower and better bid received. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. 47o s Special Session, August a9th, 1949 (Awarding Contract) RESOLUTION N0. 258.49 WHEREAS, proposals h a v e been submitted by contractors for the construction of eight (8) sani- tary sewers in the following loca- tions: (1) Beginning at the existing M. H, located at the intersection of Burden Avenue and Link Street and running west in Link Street to the intersection with the cen- ter line of Balke Street; thence northwesterly along the centerline of Balke Street to a point 100 feet northerly from the northerly property line of Strauss Street. (2) Beginning at the intersec- tion of the center lines of Balke and Link Streets and running west a distance of 28 feet 8 inches. (3) Beginning at the intersec- tion of the center line of Balke and Strauss Streets and running westerly along the center line oY Brunswick Street; thence souther- ly in Brunswick Street to the intersection with the center line of Link Street, pursuant to Resolu- tion No. 232.49 and Thos, Flynn Coal Company contractor, has sub- mitted the lowest bid for the furn• fishing of all labor and materials and performing the work as pro• vided for in the plans and specifi- cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thos. Flynn Coal 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 oP immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 29th 1949. Councilman Thompson moved that the resolution be approved and placed on file for at least one week. Seconded by Council• man Welu. Carried by the follow ing vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the construction of eight inch sanitary sewers in the follow- ing locations: (1) Beginning at manhole num• ber 35 on the Kaufman Avenue Trunk Sewer and running south- easterly to the intersection of the centerline of Avoca Street Ext. and the alley second north of Hazel Street; thence south along the centerline of Avoca Street Ext. to the centerline of Ungs Street; thence east along the centerline of Ungs Street to the centerline of Hoyt Street; thence north along the centerline of Hoyt Street to the prolongation of the south line of lot 6 of Pfohl Subdivision. {2) Beginning at the intersec- tion of the centerline of the alley second north of Hazel Street and the Kaufman Avenue Trunk Sewer and running west along the cen- terline of said alley to the prolong- ation of the east line of lot No, 83 of Finley Addition. (3) Beginning at manhole num- ber 39 of the Kaufman Avenue Trunk Sewer and running east along the centerline of Hazel St., to the prolongation of the west line of lot No. 50 of Finley Addi- tion, presented and read. Council- man Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. August 29, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10:00 a.m. August 29, 1949 for the construction of sanitary sewers in Ungs, Hoyt and Hazel Streets. Two bids were received which are shown on the attached tabulation. Special Session, August agth, 1949 471 The lower bid is 31 per c e n t greater than the Engineer's esti- mate. I recommend that the contract for the above work be awarded to the Larson Construction Com- pany whose bid is the lower and better bid received. 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. (Awarding Contract) RESOLUTION N0. 259.49 WHEREAS, proposals have been submitted by contractors for the construction of eight (8) inch sani- tary sewers in the following loca- tions: (1) Beginning at manhole num- ber 35 on the Kaufman Avenue Trunk Sewer and running south- easterly to the intersection of the centerline of Avoca Street Ext. and the alley second north of Hazel Street; thence south along the centerline of Avoca Street Ex- tension to the centerline of Ungs Street; to the centerline of Hoyt Street; thence north along the cen- terline of Hoyt Street to the prolon- gation of the south line of lot 6 of Pfohl Subdivision. (2) Beginning at the intersea tion of the centerline of the alley second north of Hazel Street and the Kaufman Avenue Trunk Sewer and running west along the cen• terline of said alley to the pro• longation of the east line of lot No. 83 of Finley Addition. (3) Beginning at manhole num• ber 39 of the Kaufman Avenue Trunk Sewer and running east along the centerline of Hazel St. to the prolongation of the west line of lot No. 50 of Finley Addi- tion, pursuant to Resolution No. 234-49 and Larson Construction Company contractor, has submitt• ed the lowest bid for the furnish- ing oP all labor and materials and performing the work as pro• vided for in the plans and specifi- cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Larson Construction Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete pei•• formance 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 August 29th 1949. Councilman Thompson moved that the resolution be approved and placed on file for at least one week. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of an eight (8) inch sanitary sewer in Lincoln Avenue from the existing man• hole at the intersection of Lincoln and Rhomberg Avenues to a point 296.3 feet west, also in Rhomberg Avenue from the center line of Lincoln Avenue to a point 184 feet north, presented and read. Councilman Welu moved that the proof of publication was received and filed. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. August 29, 1949. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received for the construction of sanitary sewers in Lincoln and Rhomberg Avenues. 47~ Special Session, Auk ust agth, 1949 One bid was received which is 19.6 per cent greater than the Engineer's estimate, I recommend that the contract fbr this work be awarded to the Larson Construction Company. Respectfully submitted, A. A. Rhomberg, City Manager, Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Welu. Car• ried by the fallowing vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. (Awarding Contract) RESOLUTION N0. 260.49 WHEREAS, proposals have been submitted by contractors for the construction of an eight (8) inch sanitary sewer in Lincoln Avenue from the existing manhole at the intersection of Lincoln and Rhom- berg Avenues to a point 296.3 feet west, also in Rhomberg Avenue from the center line of Lincoln Avenue to a paint 184 feet north pursuant to Resolution No. 236-49 and Larson Construction Company contractor, has submitted the low est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Councit of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Larson Construction Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. BE IT FURTHER RESOLVED that this resolution ,being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on Pile for one week on August 29th 1949. Councilman Welu moved that the resolution be approved and placed on file for at least one 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. Councilman Van Duelman moved that the rules be suspended far the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. Mr, Wesley Humke addressed the Council with reference to the condition of the alley between Nevada Street and Booth Street and running north from West Third and requested that said alley be repaired. Courcilman Van Duelman moved that the verbal request 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. Councilman Van Duelman moved that the verbal request for the repairing and oiling of West 32nd Street be referred to the Council to view the grounds. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Coun• oilmen Russo, Thompson, Van Duelman, Welu. Nays -None. Notice of Claim of Leo J. Hoff- man in the amount of $127.14 for damages to his car caused in strik- ing an exposed manhole hidden by grass in the alley off Stewart St., presented and read. Councilman 'Russo moved that the Notice of Claim be referred to the City Solicitor for investigation and re• port. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Special Session, August 2gth, 1949 473 Communication of the Dubuque County Conservation Society rec- ommending that the City Council of Dubuque make, or cause to be made, a thorough investigation of the pollution of waters of Lake Peosta, and other waters, sloughs, and stagnant waters in and around Dubuque to the end that disease producing conditions now .be elim~ inated and also approving the dis- continuance of the putting of gar• bags into a branch of Catfish Creek and suggesting that gar• bage be buried until a better method of disposal can be brought about, presented and read. Coun- cilman Welu moved that the com• munication be received and the resolution referred to the Dack Board insofar as it pertains to Lake Peosta and other waters, sloughs and stagnant waters. SeG onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Communication of The National Institute of City Municipal Clerks extending invitation to the City of Dubuque to become affiliated with the organization, presented and read. Councilman Russo moved that the communication be re~eiv- ed and filed. Seconded ,by Council- man Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Communication o f Dubuque Trades and Labor Congress sub- mitting the name of Mr. E. J. Kean to fill the vacancy on the Civil Service Commission also the communication of Harry E. Lewis submitting application for appoint- ment as a member of the Civil Service Commission to fill the vacancy now existing on said Com- mission, presented and read. Coun- cilman Van Duelman placed in nomination the name of E. J. Kean and Councilman Thompson placed in nomination the name of Harry E. Lewis. A secret ballot was taken which showed the following result: For E. J. Kean three votes; For Harry E. Lewis two votes. Councilman Russo moved that Mr. E. J. Kean be appointed as a member of the Civil Service Commission to fill the unexpired term of Dr. R. M. Benn, deceased, said term expiring March 31, 1952. Seconded by Councilman Van Duel- man. Carried by the following rote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Communication of Jerome M. Jaffee, Special Utilities and Legis- lative Counsel,. City of Kansas City, Missouri, advising that representa- tives of the City of Kansas City will not attend the hearings on the Parks Tnvestigation Case, Dock et No. 3965 et al to .be held in Washington, D. C., presented and read. Councilman Welu moved that the communication be received and filed. Seconded by Councilman Russo. Carried by the following vats: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. Communication of M. C. Mulli- gan, Secretary, Civil Aeronautics Board, Washington, D. C. submitt- ing Order Consolidating Applica• lions and Denying Petitions and Motions in the matter of Parks Investigation Case, Docket No. 39- 65 et al. ,presented and read. Coun- cilman Welu moved that the Peti- tion and Order be received and filed. 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 Fred A. Toombs, Acting Secretary, Civil Aeronautics Board, Washington, D, C., submitting Notice of Hearing in the matter of the Parks In- r-estigation Case, Docket No. 39- 65 et al and fixing said date as September 28, 1949 before Exam• finer Ralph L. Wiser, Washington, D. C., presented and read. Council- 474 Special Session, August 2gth, ry49 man Welu moved that the com- munication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Communication of Ralph L. Wis• er, Hearing Examiner, Civil Aero- nautics Board, Washington, D. C., submitting supplemental prehear- ing conference report on the Parks Investigation Case, Docket No. 39• 65 et al presented and read. Coun- cilman Welu moved that the com- munication be received and filed and that authority be given to the City Manager and City Solicitor, working in conjunction with the Chamber of Commerce, to file an amendment to the petition of in• tervention requesting that the ap- plication of the Parks Air Lines, Inc. and Mid-Continent Airlines, Inc. be allowed and granted as prayed. 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 the Public Health Committee of the Dubuque Chamber of Commerce conveying sincere commendations to the City Council and the Health Depart- ment for their sincere and meritor- ious efforts in combating the prev- alence of Poliomyelitis in this com- munity and calling attention to another serious health menace, namely, the large number of rats infesting some neighborhoods and suggesting that this matter .be placed before the proper depart- ment for consideration and approp- riate actiari, presented and read. Councilman Russc moved that the communication be referred to the Director of Health for investiga- tion and report. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council. men Russo, Thompson, Van Duel• man, Welu. Nays -None. Communication of the City Island Development Committee of the Du• buque Chamber of Commerce urg- ing the City Council to disregard the petition of Phillip and Ellas Mihalakis, requesting that action taken by the City Council to ac- quire, through negotiation or con- demnation, certain property on City Island be rescinded and to proceed with the action approved by the City Council on October 4, 1948, presented and read. Councilman Russo moved that the communica• lion be received and filed. Second. ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council. men Russo, Thompson, Van Duel• man, Welu. Nays -None. Communication of Richard L. Holcomb, Associate Professor of Public Affairs, State University oY Iowa, Iowa City, Iowa, extending thanks for the excellent service that Chief Strub and Officer Andre- sen rendered at the last Peace Of- ficers Course, presented and read. Councilman Van Duelman moved the communication be received and filed. Seconded by Councilman Welu. Carried' by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Communication of R. C. Byrus, Fire Protection Engineer, advising that two four-day short courses specifically for the paid Pire depart- ments of Iowa cities are scheduled on the campus of Iowa State Col• lege, one to be held September 13• 16 and the other to be held October 1.8-21, 1949, presented and read. Councilman Thompson moved that the communication be referred to the Fire Chief to use his discre• lion. Seconded by Councilman Rus• so. Carried by the following vote: Yeas -Mayor Wharton, Council. men Russo, Thompson, Van Duel• man, Welu. Nays -None. Petition of the Veterans of For• eign Wars requesting permission to hold their annual Poppy Sale on Friday evening September 23rd and all day Saturday, September 24th, Special Session, August 29th, x949 475 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, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. Petition of L. L. McNeil and others, residents and property own. err, requesting the installation oY street lights at the corner of Esther and Tressa Streets and at the cor• ner of Tressa Street and McLenan Street, presented and read. Council• man Russc moved that the petition be referred to the Council to view the grounds. Seconded by Council. man Welu. Carried by the following I vote; Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. Petition of Charles H. Rhomberg requesting the rezoning of his prop. erty known as "Rhomberg Park" on Rhomberg Avenue just south- east of Shiras Avenue from two family to Multiple family classifica• lion, presented and read. Council. man Welu moved that the petition be referred to the Planning and Zoning Commission for their recom- mendation 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 E. J. Eilers and oth. err requesting the installation of a street light at the corner of Lawth• er and Buena Vista Streets, pre. rented and read. Ceuncilman Van Duelman moved that the petition be referred to the Council to view the grounds. Seconded .by Council. man Welu. Carried by the following vote: Yeas -Mayor Wharton, Council. men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of Clarence and Marie Zenz requesting a refund in the amount of $75.D0 on the unexpired portion of their cigarette permit No. 128 as they have discontinued business on. August 12, 1949, pre. rented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Clar- ence and Marie Zenz to cover the amount of refund granted on the unexpired portion of their cigarette permit No. 128. Seconded by Coun- cilman Welu. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council. men Russo, Thompson, Van Duel• man, Welu. Nays -None. To the Mayor, City Council of the City of Dubuque, Iowa, and City Manager: Gentlemen: We, the undersigned, taxpayers and ail owners of corner real prop- erty adjoining East 14th Street, and residing in that particular part of the City for many years last past, hereby object to the proposed erection of a viaduct or overhead pass to be constructed on EAST FOURTEENTH STREET. As own- ers of said real estate we abject to the overshadowing of our prop- erty, or any portion thereof, by a viaduct. We will not consent or give an easement over any portion of same. We are entitled as such owners to egress and ingress on East Fourteenth Street, and if de- prived of such right legal steps will be taken. We request that the City Council and City Manager to openly state through the medium of the press for whose specific and particular benefit such a viaduct is to be constructed. If it is for the benefit of those going to and from the Dubuque Packing Company, then said viaduct should be constructed at EAST IXTEENTH STREET going direct to the Dubuque Pack• ing Company's door and not on East Fourteenth Street. It is furth- er aknown fact, that within the past few weeks, checkers were stationed on E. 13th, E. 14th, E. 15th, E. 16th, and E. 17th Streets, for the purpose of checking pedes- trians, cars and trucks crossing the railroad tracks going east and west. Those checkers were in the employ ~i 476 Special Session, August a9th, 1949 of the Dubuque Packing Company. According to the count, the traffic was very light going east and west on E. 13th and E. 14th Streets. The count was Fifteen on E 16th Street to every One on E. 14th Street, We request your Honorable Body to atop any further proceedings to construct a viaduct on EAST FOURTEENTH STREET. John F. Roshon, Lawrence Trie• Weiler, Pearl Trteweiler, Louise Cornwell, G. Cornwell. ,Mrs. Emma Hinz, Ernes~~t W. Hinz, Jennie Venn, J. F. Venn, Virda Andresen, Le Roy H. Andresen, Mary F, Matous, Mrs. Eva Macheak, John G. Matous, Mike Nicks, Mrs. Wm. Huffman, Mr. John A. Psaros, Mrs. John Psaros, Hubert Melssen, Ver- onica Melssen, Wm. Maas, Eliza- beth Maas, Helen O'Mara, Joe O'Mara, Otto A, Klein, Mrs. Kath- erine Klein, Belle Leidinger, Lester Bitzberger, Mrs. J. McDonald. Councilman Welu moved that the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Petition of Frank R. Beddow, Jr. and others, property owners, ten- ants and occupants of premises ad- jacent to and the vicinity of the Farley ~ Loetscher Mfg. Co. and Carr, Adams, Collier Co., of Du- buque, Iowa requesting the City Council to take the necessary pro- cedure to enforce an existing City Ordinance, making it unlawful to distribute or cause to be distribut- ed, refuse on other peoples proper- ty and to pollute the air in the adjacent area, causing unhealthy and unsanitary conditions, present- ed and read. Mr. C. A. Schmidt addressed the Council in support of the petitions. Councilman Welu moved that the City Manager be instructed to confer with the of• ficials of the Farley &Loetscher Mfg. Co. and the Carr, Adams, Col• Tier Co. with reference to the com- plaints filed and to submit his re- port back to the City Council. 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 O'Connor, Thomas & O'Connor, by E. Marshall Thomas, requesting Council's earl; sand fav- orable action upon a proposed ar- tinance granting the Parley & Loetscher Manufacturing Company the right to construct, operate and maintain a loading dock and canopy on East Sixth Street adjoining its building at that location, presented and read. Councilman Russo moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Van Duel- man. Carried .by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu, Nays -None. Council Proceedings far the month of March, 1949 presented for approval. Councilman Van Duel- man moved that the Council Pro- ceedings for the month of March, 1949 be approved as printed. 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 N0. 30-49 An Ordinance .amending Ordin- ance No. 147, being an Ordinance establishing rules and regulations with reference to garbage recep- tacles, etc., by striking certain pro- visions therefrom and inserting other pravisiot;s in lieu thereof, said ordinence having been passed neon first reading on August 8th, 1949 and ordered placed on file with the City Clerk for public inspection for gat least one week before its Thal adoption, was presented for finai adoption. ORDINANCE N0. 30.49 An Ordinance amending Ordinance No, 147, being an Ordinance es- tablishing rules and regulations with reference to garbage re- cepticles, etc., by striking cer- tain provsiions therefrom and inserting other provisions in lieu thereof. Special Session, August 29th, 1949 477 Be It Ot°dained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 1.47, "Par. 831, Section 2" be and the same is hereby amended by striking therefrom the following: "* * *, and shall be kept where they can be conveniently reach- ed by him. Where alleys are ac~ cessible such. can shall be placed close to name and where alleys cannot be so used such can shall be placed as close to the street as may be for the convenience of the collector." and by inserting in lieu thereof the following: ""' * ,F and shall be kept and lo~ catad as prescribed by the Health Department." Section 2. This ordinance being deemed urgent and for the promo- tion and preservation of the health, comfort a„d com,enience of the in- habitants cf the- City of Dubuque, shall be in farce and affect Prom and after its final passage and a;°.ept;;;n by t.",e Cit}~ Council of the City of Dubuque and publication as provided by law. t assed upon first reading this all! day of ^at;ust, 1949. Passed, adopted and approved up ~n final reading this 29th day o. August, 1949, ALBERT WHARTON, Mayor P. Vii. THOMPSON, ROMOLO N. RUSSO, CLAR'ENCE P. WELD, FP.ANK VAN DUELMAN, Councilmen ,4'teet: J. J. SHEA, City Clerl: Fui~li~shed officially in The Tele- ,;;~;,ph-'-lereld newspaper this 1st day of September, 1949. J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Wharton, Couneil- men Russo, Thompson, Van Duel- man, Welu. Nays -None. ORDINANCE N0. 32.49 An Ordinance amending Ordi- nance No. 159 entitiled "An Ordi- nance establishing a Single Ward for the City of Dubuque and Divid- ing the Same into Election Pre^ cincts, Establishing such Precincts and Defining the Boundaries There- of" by adding additional territory to the Fourteenth Precinct, pre• seated and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance, Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Councilman Thompson moved that the rules be suspended ra 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 ono week before its final adoption. Seconded by Councilman Russo. Carried .by the following vote: Yeas - Mayor Wharton, Councll• men Russo, Thompson, Van Duel- man, Welu. Nays -None. ORDINANCE N0. 33.49 Traffic Code of the City of Du- buque, presented and read. Coun- cilman 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. Councilman Thompson moved that the rules be suspended re• quiring an ordinance to be read on three separate days. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week 47g Special Session, August 29th, 1949 before its final adoption. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. August 15, 1949. Mayor Albert Wharton and Members of the City Council of the City of Dubuque, Iowa Honorable Sirs: With reference to the petition of the Dubuque Amusement Cor- poration, located three-quarters of a mile, north of the city limits, on Highway 52 for fire protection, I respectfully recommend, that our Honorable Body, will not grant additional contracts for fire pro- tection outside the city limits, therefore, that the petition of the Dubuque Amusement Corporation for fire protection be not granted at this time. You gentlemen are aware of the fact, that according 'to the last survey made of the City of Du• buque in July 1946, by the Nation- al Board of Fire Underwriters, that we are unable to take on, or include additional territory without increasing the number of engines and personnel of the Fire Department. Respectfully submitted, Thos. C. Hickson Chief of Fire DepC. Councilman Thompson moved that the recommendation of Fire Chief Hickson be approved. Second ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. August 16, 1949, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a session of the City Council of the City of Dubuque, Iowa, held August 1, 1949 the following mo- tion was adopted: "That the petition of Mrs. Anna Harvey and others asking the City Council to take the necessary steps to eliminate the smoke and soot nuisance created by the Bea- trice Creamery Company, 2107 Cen- tral Avenue, be referred to the Chief of Police for investigation and report." I have made an investigation and find that the Beatrice Cream- ery Company is located in a desig- nated Business .District. The busi- ness is managed by H. Messer- smith, 609 Seminary Street, in the City of Dubuque, Iowa. Thep use a good grade of coal, known as Indiana Flint Block. The Chief Engineer is John D. Miller, assist- ed by John Klecker and Clarence Zimmer as firemen. Tae manage- ment of this company is fully cognizant of the complaints from neighbors and have tried to reduce the smoke and soot to a minimum. They have used compositions that are supposed to reduce smoke, however they have found nothing to take the place of goad fuel and good firing methods. The y have three boilers, two oY which are fired at all times, using one ae a reserve boiler. I have personally made a num- ber of observances of this situa- tion and talked to persona living on Heeb Street. Heeb Street rises very steeply on the west side of the Beatrice Creamery Company and is the chief recipient of this smoke and soot. Dense smoke is emitted from this stack at such times as the flues are blown. At other times the smoke is fairly light, but does smoke up t h e residences, principally on Heeb St. The stack is approximately at the same level as the top of the high- est house along Heeb Street. Our present smoke ordinance was adopted in 1919 and is quite inadequate to cover this and simi• lar situations. Ringe]mann's chart is mentioned in the ordinance as the device to be used in measur- ing the density of smoke. I have peen informed by the United States Bureau of Standards that this type of device was not fully developed for this purpose and is not so used. We have therefore an antiquated and unuseable form of measurement outlined For the en• forcement of smoke nuisance. Special Session, August 2gth, Ig49 479 I find that the smoke and soot emitted from the stack oP the Beatrice Creamery Company is not dense enough for a sufficient length of time to constitute a viola- tion of our present ordinance. It is my suggestion that the Council con- sider the adoption of an up-to-date ordinance for the control of smoke and soot that would more adequate- ly cover this and similar sources of annoyances. Respectfully submitted, Jos. H. Strub, Chief of Police. Councilman Russo moved that the recommendation of Chief of Police Strub be approved and that a proper ordinance be ordered pre• pared. Seconded by Councilman Van Duelman. Carried by the fol• lowing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. August 25, 1949. Honorable Mayor and the City Council, Dubuque, Iowa. Gentlemen: Re: Mrs. Florence Helmer, hold- er of Class "B" Permit, Number 99, operating a tavern at 3203 Jackson Street, in the City of Dubuque Iowa. This permit was issued on October 4, 1948. This is to advise you that on August 24, 1949 the above permit holder was convicted in the Police Court of the City of Dubuque, Iowa, on a charge of having liquor on the premises of a Class "B" Beer Permit holder of greater alcoholic content than 1 per cent by weight. She was assessed a fine of $50.00 and costs of $3,50, which she paid. Also on August 24, 1949 in the Police Court of the City of Du• buque, Iowa, Mrs. Virginia Holzer, an employee of Mrs. Florence Hel- mer, was convicted on a charge of furnishing beer to a minor on the premises of this permit holder and was fined $100.00 and costs of $3.50 Mrs. Holzer through council indica- ed her intention of appealing her case. She was granted by the Police Judge twenty days in which to file an appeal. Because of the above violation of the beer law and the conviction thereof, and in accordance with Section 124.30 of the 1946 Code of Iowa, I, herewith recommend the revocation of this Class "B" Per- mit, Number 99, forthwith. Respectfully yours, Jos. H, Strub, Chief of Police. Councilman Russo moved that the recommendation of Chief of Police Strub be approved. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russc, Thompson, Van Duel• man, Welu. Nays -None. RESOLUTION N0, 261.49 WHEREAS, this Council,, on the 4th day of October, 1948, caused to be issued a Class "B" Beer Permit .bearing the Number 99 to Mrs. Florence Helmer, operating a tavern at 3203 Jackson Street in the City of Dubuque; and WHEREAS, it has rome to the attention of this Council that the owner and holder of said permit has conducted her place of buai• ness in a disorderly manner and otherwise in violation of law: NOW, THEREFORE, BE IT RESOLVED by tha City Council of the City of Dubuque that Class "B" Beer Permit No. 99, heretofore issued to Mrs. Florence Helmer, be and the same is hereby revoked and the Chief of Police is directed to take up such pea mit forthwith and return the same for cancellation. Passed, adopted and approved this 29th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo moved the adoption of the resolution. Second- ed by Mayor Wharten. Car- ried by the following vote: Yeas -Mayor Wharton, Council• tiir.fw~:I~ 43o Special Session, August a9th, 1949 men Russo, Thompson, Van Duel- man, Welu. Nays -None. August 25, 1949. Honorable Mayor and the City Council, Dubuque, Iowa. Gentlemen: fte: Mrs. Myrtle A. Chapman holder of a Class "B" Beer Permit, Number 152, operating a tavern at 53 West 12th Street, in the City of Dubuque, Iowa. This is to advise you that on August 22nd, 1949 in the Police Court of the City of Dubuque, Du• ,buque, Iowa the above named per- mit holder was convicted of violat- ing the beer law on two charges. The one charge was selling beer to a minor in which she plead not guilty but was found guilty and fined $50.00 and costs of $3.50. The other charge was having on the '~ premises of a beer permit holder alcoholic beverages of greater alco- holic content than 4 per cent by weight. She plead guilty to this charge and was fined $50.00 and costs of $3.50. Because of the above violation of the beer law and conviction thereof, and in accordance with Section 124.30 of the 1946 Code of Iowa, I herewith recommend the revocation of this Class "B" Beer Permit, Number 152 forth- with. Respectfully yours, Jos. H. Strub, Chief of Police. Councilman Thompson moved that the recommendation of Chief of Police Strub be approved. Sec• owned by Councilman Welu. Car- Tied by the Yollowing vote: ' Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. RESOLUTION N0. 262.49 WHEREAS, this Council, on the 28th day of February, 1949, caused to be issued a Class "B" Beer Permit bearing the Number 152 to Mrs. Myrtle A. Chapman, operat- ing atavern at 53 West 12th Street in the City of Dubuque; and WHEREAS, it has come to the attention of this Council that the owner and holder of said permit has conducted her place of busi• nays in a disorderly manner and otherwise in violation of 1 a w: NOW, THEREFORE, BE IT RESOLVED by the Oity Council of the City of Dubuque that Class "B" Beer Permit No. 152, heretofore issued to Mrs. M. A. Chapman, be and the same is hereby revoked and the ChieY of Police is directed to take up such permit forthwith and return the same for cancellation. Passed, adopted and approved this 29th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO N CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Russo, Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. August 26, 1949. Honorable Mayor and the City Council, Dubuque, Iowa. Gentlemen: Re: George J. and Emma Scher- er, holders of Class "B" Beer Per• mit Number 52, operators of the Strand Tavern, 1187 Iowa Street, in the City of Dubuque, Iowa. This permit was issued on July 1, 1949. This is to advise you that on August 26, 1949 in the Police Court of the City of Dubuque, Iowa, George Scherer was on hfs plea of guilty convicted of violat- ing the beer ordinance on a charge of having on the premises of a Class "B" Beer Permit holder alco- holic beverages of greater alco- holic content than 4 per cent by weight. He was fined $50.00 and Costs of $3.50, which he paid. Because of the above violation of the beer law and the conviction thereof, and in compliance with Section 124.30 of the 1946 Code of Iowa, I, herewith recommend Special Session, Atagust 29th, 1949 431 the revocation of this Class "B" Beer Permit, Number b2, forth- with. Respectfully yours, Jos. H. Strub, Chief of Police. Councilman Welu moved t h a t the recommendation of Chief of Police Strub be approved. Second- ed by Mayor Wharton. Carried ,by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays - None. RESOLUTION N0. 263-49 WHEREAS, this Council on the 30th day of June, 1949, caused to be~issued a Class "B" Beer Permit hearing the Number 52 to George J. Scherer and Emma Scherer, op- erating a tavern at 1187 Iowa Street in the City of Dubuque; and ~ WHEREAS, it has came to the attention of this Council that the owners and holders of said permit have conducted their place of busi- ness in a disorderly manner and otherwise in violation of law: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that Class "B" Beer Permit No. 52, heretofore issued to George J. Scherer and Emma Scherer, be and the samo is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancella- tion. Passed, adopted and approved this 29th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. Shea City Clerk. Mayor Wharton moved the adop- tion 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. August 17, 1949 To the Honorable Mayor and City Council of Dubuque Gentlemen: Receipt is acknowledged of no- tice from the City Clerk, dated August 3rd, addressed to the Board of Dock Commissioners, advising that a petition filed by Phillip and Ellas Mihalakis be referred to this Commission far investigation and report, Please be advised that the Board of Dock Commissioners considered the statements contained in said petition at a meeting called for that specific purpose on August 16th and failed to see any reason for amending or modifying our re- quest that the City take proper and suitable steps to acquire the prop- erty on City Island now owned by the petitioners. Our request was based an a thor- ough study of all factors involved, and is a necessary step to carry out only the original Master Plan adopted by the City some years ago, but also the recommendations of a highly competent firm of engi- neers engaged by the Dock Com• mission to make a complete survey and prepare a feasible and practical plan for the development of the Is- land area. This plan has the tenta• tive approval of the U. S. District Engineer and complete approval necessary for participation on the part of any government agency in carrying out the Master Plan, or i any modifications of same, will be i withheld until the City owns all the property. It is, therefore imperative that the City acquire the property and become the sole. owner of the area in order that development will not be impeded .by ownership of any portion of the area by private in- terests. This project is practical from ev- ery standpoint of comrnuuity inter- estsand welfare and will ultimately make it possible for the City to have available for new industries, desirable sites that can be served by water, rail, or truck transporta- tion, and also a suitable shelter harbor for pleasure boats, a facility sorely needed. The interests and welfare of the ~gz Special Session, August a9th, t~~}9 City are paramount to the interests of any individual or group of indi- viduals, and we, therefore, urge your honorable body to proceed in carrying ost our original request, as approved by you on October 4, 1948. Respectfully submitted, DUBUQUE DOCK COM• Mission John A. Kerper, President Fred E. Neyens, Secretary A. Y. McDonald, Jr. Commissioner Mayor Wharton moved that the communication of the Dubuque Dock Commission be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. August 25, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the fallowing policy and desire to have your approval on same for filing: TAXI-CAB William Dye (Veterans Radio Cab Co.) Rear of 973 Main Street, Policy No. 54299 National Indem• nity Co. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the .policy be approved and placed on file. Seconded by Coun- cilman Welu. Carried ,by the follow- ing vote; Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None.. August 29, 1949 To the Honorable Mayor and City Council,. Dubuque, Iowa. Gentlemen: I herewith submit reports oY the City Auditor, City Treasurer, City Health Department and City Water Works for the month of July, 1949, also list of claims and list oY pay rolls for which warrants were is- sued for the month of July 1949. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Sewnded by Council• man Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. August 25, 1949 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: With reference to the claim of Ruby Bideaux submitted to me for investigation and report, on Febru• ary 8, 1949, about 6:00 o'clock p.m., claimant was walking south on t}ye east side of Spruce Street and at a point near University Avenue her feet went out from under her and she fell to the sidewalk, sustaining a fractured right hand, chipped~ bene in the right wrist and spinal injuries, requiring her to se- cure medical services and hospital attention; the sidewalk was in a dangerous condition and from some information obtained it appears that it was not cleaned for some time before the injury. That claim- ant was unable to work for a con• siderable length of time and is still taking treatments for the injuries received. That an examination was made of her by a doctor on behalf of the City and from his report her injuries are not good. After several conferences with her attor• ney she has agreed to settle this case for $600.00. I recommend that her claim be allowed in the sum of $600.00, that a warrant be issued payable to the order of Robert H. Kintzinger, Attorney for Ruby Bid- eaux, and delivered upon the de• livery of a release properly execut• ed by claimant. Jahn J. Kintzinger City Solicitor Councilman Van Duelman moved that the recommendation oY City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $600.00 in favor of Robert H. Kint- Special Session, August agth, 1949 4g3 zinger, Attorney for Ruby Bid- eaux, as settlement in full of the claim, and that said warrant be de- livered upon receipt by the City of Dubuque of a properly executed re- lease. Seconded by Mayor 1Vharton. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. August 12, 1949 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Margaret Killeen submitted Co me for investigation and report. I talked with the claimant, went to the scene of the accident. Claim- ant, while walking on the sidewalk toward her home tripped where a cement sidewalk joins a brick side- walk and fell,. sustaining injuries to her right arm which required the services of a physician and treat- ments. Her cost was $21.50. She has agreed to accept this sum in full payment of her claim. I recom• mend that her claim be allowed in the amount of $21.50, and that a warrant be issued payable to her order for $21.50 and delivered to her upon delivery to the City of a release properly executed by her, While at the scene of this ac- cident, Iobserved in the 2900 block on Washington Street three other brick sidewalks joining cement sidewalks, and at each place, the cement sidewalk is higher than the bricks. This condition should be remedied and the dangerous places removed. Yours truly, Jahn J, Kinkzinger City Solicitor Councilman Russo moved that the recommendation of City Solici• for Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $21.50 in favor of Mrs. Margaret Killeen, as settlement in full of her claim, and that said warrant be delivered upon receipt by rho City of Du• buque of a properly executed ra lease. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duei• man, Welu, Nays -None. (Awarding Contract) RESOLUTION N0. 240.49 WHEREAS, proposals have .been submitted by the contractors for the grading of Adair Street from the north property line of Loras Blvd. to the south property ]fne of Rosedale Ave. pursuant to Reso• lution No. 206-49 and Bill Curphy Company, Des Moines, Iowa con• tractor, has submitted the lowest bid for the furnishing oP all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to 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 August 6th 1949. Passed and adopted this 29th day of August, 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• ouded by Councilman Welu. Car• ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. 4g4 Special Session, August 29th, 1949 (Awarding Contract) RESOLUTION N0. 242.49 WHEREAS, proposals have been submitted by contractors for the construction of a storm sewer in Adair Street from the existing storm :ewer to the existing storm sewer in Rosedale Avenue pur• euant to Resolution No. 202-49 and The Larson Construction Company, Dubuque, Iowa contractor, has sub• mitted the lowest bid far the furnishing of all labor and material and performing the work as pro• vided for in the plans and specifi• cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to the Larson Construction Company, Dubuque, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Du'ouque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity becmne effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on August 8th 1949. Passed and adopted this 29th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Russo moved the adoption of the resolution. Second• ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. RESOLUTION N0. 25(i-49 Resolution authorizing the exe cution of a contract to contributf toward the cost of the DubuquE Humane Society and its work it the City of Dubuque. BE IT RESOLVED BY THE CITY OF DUBUQUE, that the Yiayor and Clerk of said City be snd they are hereby directed to execute a contract on behalf of ;he City of Dubuque, which con• tract is hereto attached and made r part hereof, authorizing the pay :Went of $75.00 per month to the Dubuque Humane Society for the collection and protection oY dogs, maintenance of a shelter or pond for unlicensed or untagged dogs, for destruction or other disposition of seized dogs not redeemed as provided by law, and for such other services performed by them in such work. Approved and placed on file for one week for public inspection this 8th day of August 1949. Passed, adopted and approved this 29th day of August 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 Mayor Wharton. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. CONTRACT AND AGREEMENT WHEREAS the Dubuque Hu• mane Society has for the past several years performed certain public services in the City o~f Du- buque with reference to the pre- vention of cruelty to animals the collection and protection of dogs, the maintenance of a shelter for unlicensed or untagged d~o~gs, and for lost and strayed or homeless ~' dcg:~, for the destruction or other disposition of seized dogs not re• deemed. And Whereas, said Humane So• ciety has performed said services at its own cost and is now in need of funds to assist it in carry- ing on said work, it has demand- ed that the City of Dubuque con• tribute thereto. And Whereas, the City Council Special Session, August 2gth, Ig49 4g5 of the City of Dubuque feels that the Clty of Dubuque should pay $75.00 per month for a period of one year from date to said Society to aid said Society in per• forming the public services here- inbefore referred to. NOW THEREFORE, it is here, by agreed by and between the City of Dubuque, hereinafter called "City", and the Dubuque Humane Society, hereinafter called "Soci- ety", as follows: 1. The City hereby agrees to pay the Society $75.00 per month to assist the society in performing services in the City of Dubuque that they have in the past, such as are enumerated in the first paragraph hereof. 2. This contract may be can• celled upon thirty days written notice by either party to the other, 3. That the said Society hereby agrees that it will continue to operate as it has in the past, in the prevention of cruelty to a.ni• coals, the collection and protec• lion of dogs, the maintenance of a shelter or pound for unlicensed or untagged dogs, and for lost, strayed or homeless dogs, for the destruction or other disposition of seized dogs not redeemed as pro- vided by law, for the disposal of dead animals. Dated this 29th day of August 1949. CITY OF DUBUQUE By Albert Wharton Mayor J. J. Shea City Clerk Dubuque Humane Society, By Lee McNeely President RESOLUTION NO. 251.49 Resolution awarding contract for the collection and disposal of gar- bage, decayed matter and dead animals. BE IT RESOLVED BY T H E CITY COUNCIL OF THE CITY OF DUBUQUE, Iowa, that a con- tract be awarded to C. H, Rhom• berg for the collection and dis• posal of garbage, decayed matter and dead animals in said City at an annual cost to said City of $32.,750.00 per year, said contract to cover a period of five (5) years from the 1st day of October 1949, BE IT FURTHER RESOLVED that the Mayor and Clerk of said City be and they are hereby direct- ed to execute said contract on behalf of the City of Dubuque, Iowa, said contract to be in ac• cordance with the proposal execut• ed and submitted by the contract- ors and the published notice to bidders as authorized by the City Council,. on the 21st and 28th days of July 1949, all of which are hereby made a part hereof, by reference thereto, the form of con• tract to be approved by this Coun• cil before the same is finally exe• toted. Approved and placed on file for one week for public inspection this 8th day of August 1949. Passed, adopted and approved this 29th day of August, 1949. Mayor. ALBERT WHARTON F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk, Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays - None. GARBAGE CONTRACT Know all Men By These Pres• ents: These articles of agreement are hereby entered intc .by and be• tween the City of Dubuque, Iowa, first party, and C. H. Rhomberg, second party, with and under the following terms and conditions, to• wit: 1. In consideration of the pat~ tern and things and works to be done and performed by said second party, first party hereby agrees to pay said second party the sum of $32,.750.00 per year for a period of five years from the 1st day of Oc• tober 1949, payments each year to be made in twenty-four equal in• stallments, computed at the middle and end of each month. 486 Special Session, August 29th, 1949 2. Second party, in consideration of the payments to be made as herein set forth, agrees to and will collect all garbage, dead animals and decayed matter within the lim• its of the City of Dubuque, and dispose of the same in a legal and proper manner. The collection and disposal of said garbage to be un- der the supervision and direction of the Health Department of the City of Dubuque. The Health De• partment's decision in regard to the collection and disposal of garbage shall be final. Garbage shall be picked up from the premises of all citizens in the City of Dubuque. The location of where the garbage shall he picked up from shall be established by the Health Depart- ment, and the decision of said Health Department in regard there- to shall be final. 3. In order that the periods of collections and the number of times collections are to be made may +be definitely understood, and said City of Dubuque is divided into two districts within which collections are to be made as follows: DISTRICT N0. 1. This district includes all the territory circum- scribed by West 17th Street on the North, Jones Street on the South, Bluff Street on the West, and Central Avenue on the East, both sides of these streets includ- ed. In this district, collections shall be made tfiree times a week from June 1st to November 1st and twice a week at other times. DISTRICT N0. 2. This district embraces all parts of the City with- in its present limits which are not included within District No. 1. Col• lectiona shall be made in District No. 2 twice a week from May 1st to November 1 and once a week at other times. 4. Throughout the entire city. dead animals shall be removed daily, Sundays and holidays in eluded. 5. Second party shall use an ode quote number of covered vehicle; for the collection oP garbage, whick vehicles shall be subject to the ap proval of the Health Department which vehicles shall be so construe tad as to be non-]eakable and si oaded as not to permit the acatter- ng of garbage or refuse upon the ;tracts, sidewalks, or alleys, and Nhen loaded the contents thereof shall be securely covered. 6. To insure the faithful perform- ance of the contract during the contract period, second party shall furnish first party with a surety bond in the penal sum of $25,000.00, which bond shal] be so conditioned to insure the collection of garbage by second party as in accordance with the terms of this contract, and upon second party's failure to so collect said garbage, the bond of $25,000.00 shall be forfeited to the first party as liquidated dam- ages, and said bond shall also pro tact first party against any and all damages to persons or property which may be sustained by reason of breach of any of the terms or conditions of this contract. 7. The proposal submitted by sec- ond party and the surety bond fur• nished by it are hereby made a part of this contract just as much as if the provisions thereof were set out fully herein. 8. It is further agreed by and between the parties hereto that in the event second party violates any of the terms and conditions of this contract or the rules of the Health Department, ouch violation shall work a forfeiture of this contract at the option of first party and also shall work a forfeiture of the bond of second party. 9. Failure of first party to insist upon strict performance of the terms, covenants, conditions and agreements herein contained, by second party, or any of them, shall not constitute or be construed to be a waiver or relinquishment of any of the rights of first party hereunder. 10. This contract has been exe- cuted by the City of Dubuque by its Mayor and Clerk pursuant to a Resolution adopted August 29th, 1949 by the City Council of said City and the execution of the same by all parties hereto constitute an acceptance of all of the provisions hereof. Special Session, August 2gth, 1949 487 Dated at Dubuque, Iowa, this 25th day of August 1949. CITY OF DUBUQUE, First Party By Albert Wharton Mayor By ........ ....................................... J. J. Shea Clerk. Second Party By ................................................ Charles H. Rhomberg RESOLUTION N0. 264-49 Whereas, bids have ,been submit- ted to the City Council for engi- neering services on the grade sep- aration project located in the vicitt• ity of East 14th and Elm Streets in the City of Dubuque, Iowa; And Whereas, the City Council of the City of Dubuque has decided that said contract should be award- ed to Holl Designing Company and Associates of the City of Dubuque, Iowa; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the contract for engi• nearing services to be performed on the grade separation project lo• toted in the vicinity of East 14th Street and Elm Street, Dubuque, Iowa be and the same is hereby awarded to the Holl Designing Company and Associates in accord- ance with the terms and conditions of the contract attached hereto and made a part hereof by this refer ante. BE IT FURTHER RESOLVED that the Mayor and Clerk of the City of Dubuque be and they are hereby directed and authorized to execute said contract on ,bel,ald of the said City of Dubuque, Iowa, a copy of said contract being hereto attached and made a part hereof. Approved and placed on file for one week for public inspection this 29th day of August, 1949. Councilman Welu moved that the resolution be approved and placed on file for at least one week for public inspection. Seconded by Councilman Thompson. Carried by the following vote: Yoas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. RESOLUTION N0. 265.49 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com• plied with the provisions of iaw 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. Mrs. Florence MiIler, 1862 Cen- tral Aveuue Glen McArdle 553 Eighth Ave. Alfred Hadley and Lillian Hed- 1ey, 509 Eighth Avenue (Transfer of address from 579 Eighth Ave.) BE IT FURTHER RESOLVED that the bonds filed with the ap• plications be approved. Passed, adopted and approved this 29th day of August, 1949. ALBERT WHARTON Mayor F. W. THOMPSON I+'RANIi VAN DUELMAN ROMOLO N, RUSSO CLARENCE P. WELU •uam11ounop Attest: J. J. SHEA City Clerk. Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays -None. RESOLUTION N0, 266.49 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 .b e granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit J. Louis Spielman and Susan Spielman, 601 Rhomberg Avenue Thomas F. McDonough and Ruth McDonough, 1052 University Ave. Gaylon C. Seeley, 2595 Rhom- berg Avenue Carl L Noel, 1080 University Ave, 4g$ Special Session, August 29th, 1949 Mra. Florence M. Miller, 400 Cen• tral Avenue Mrs. Florence Miller, 1862 Cen• tral Avenue Glen McArdle, 553 Eighth Ave. Alfred E. Hedley and Lillian Hedley, 509 Eighth Avenue (Transfer of address from 579 Eighth Avenue) William Hochberger, 1701 As• bury Street Class "B" Permit for Private Club Loyal Order of Moose, Dubuque Lodge No. 355, 1379 Central Ave. Class "C" Permit National Tea Company, 896-98 Main Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved this 29th da^s of August, 1919, ALBERT WHARTON Mayor, F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. RESOLUTION N0. 267.49 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 com• ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE 1T RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the fallowing named applicants a Beer Permit. Class'B" Permit J. Louis Spielman and Susan Spielman, 601 Rhomberg Avenue Thomas F. McDonough and Ruth McDonough, 1052 University Ave. Gaylen C. Seeley, 2595 Rhom- berg Avenue Carl L. Noel, 1080 University Avenue Mrs. Florence M. Miller, 400 Cen- tral Avenue Mrs. Florence Miller, 1862 Cen- tral Avenue Glen McArdle, 553 Eighth Ave. Alfred E. Hedley and Lillian Hedley, 509 Eighth Avenue (Transfer of address from 579 Eighth Avenue) William Hochberger, 1701 As- bury Street Clays °B" Permit for Private Club Loyal Order of Moose, Dubuque Lodge No. 355, 1379 Central Ave. Class "C° Permit National Tea Company, 896.98 Main Street Passed, adopted and approved this 29th day of August, 1949. ALBERT WHARTON MayOI'. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duelmaa moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayer Wharton, Council• men nusso, Thompson, Van Duei- man, Welu. Nays -None. Resolution No. 262-40 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Southern Avenue (east side) from the end of the existing curb locat- ed approximately 50 feet south of the centerline of Dunleith Street to a point 600 feet south, estimat- ed cost $1,978.66, presented and read. Councilman Van Duelr,Im1 moved the adoption of the resohr tion. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson,- Van Duel• man, Welu. Nays -None. Special Session, august zgth, 1949 4g9 (Necessity for Improvement) RESOLUTION N0. 269-49 WHEREAS, proposed plans, spe- cifications, 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 dfstrict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4, Each ]ot proposed to be as- sessed together with a valuation 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 asses- sed against each lot, for the im• provement of Southern Avenue (east side) from the end of the existing curb located approximately 50 feet south of the centerline of Dunleith Street to a point 600 feet south. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and nec- essary 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 reso- lution 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 the cast 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 ]aw, property will be assessed whether the same abuts thereon or fs adjacent thereto according to area and in proportion to the speci- al 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. Bands 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 railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced,approved and ordered placed on file with the City Clerk this 29th day of August, 1949. Approved; ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen. Attest: J. J. Shea. City Clerk. Councilman Thompson moved that the resolution ,be approved and placed on file for final action. Sec• ended by Councilman Van Duel• man. Carried by the following vote: Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays -None. (Fixing date of hearing.) RESOLUTION N0. 27G--49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 268-49 given its preliminary approval on the pro- posed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Southern Avenue (east side) from the end of the existing curb located approximately 50 feet south of the centerline of Dunleith Street to a point 600 feet south and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is 49o Special Session, August 2gth, 1948 now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLV- ED that on the 19th day of Sep- tember 1949, a public hearing will be held at 7:30 o'clock p. m. in the Council Chamber in the City of Du- buque at which time the owners of property 'abject to assessment for the proposed improvement may appear and make objections to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the ; amount proposed to be assessed a• I gainst any lot and to the passage ; of the proposed Resolution of Nec• essity and the City Clerk be and he is hereby directed to cause a no• lice 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 resolu- tion 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 29th day of August, 1949. ALBERT WHARTON Mayor F, W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen Attest: J. J. Shea City Clerk Councilman Thompson moved the adoption of the resolution. Seo- onded by Councilman Van Duel- man. Carried by the following vote: Yeas Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. RESOLUTION N0. 271-~49 Preliminary approval of plans, specifications, form of contract, plat and all other documents for the construction of a reinforced concrete cover slab over the "Bee Branch" sewer at Fifteenth and Sycamore Streets from the end of the existing cover slab easterly a distance of 360 feet, estimated cost $18,050.OD, presented and read. 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. 272-49 WHEREAS, proposed plans, spe• cifications, 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 en file in the office of the City Glerk showing among other things the following: L The streets to be improved. 2. The width of such improve- ment. 3. An estimate of the cost of the proposed improvement for the con• struction of a reinforced concrete cover slab over the "Bee Branch" Sewer at Fifteenth and Sycamore Streets from the end of the exist- ing cover slab easterly a distance of 360 feet. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petitior. of property owners, deems it advisable and neG essary for the public welfare to make the hereiu mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the cost of im- provement they shall be deemed to have waived all objections thereto. Said improvement shall be con• structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the street construc- tion fund. The above resolution was intro- Special Session, August agth, 1949 491 duced, approved and ordered placed on file with the City Clerk this 29th day of August, 1949, Approved: ALBERT WHARTON Mayor. F. W. THOMP5ON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELU Councilmen. Attest: J. J. Shea City Clerk. Councilman Welu moved that the resolution be approved and placed on file for final action, Seconded by Councilman Russo. Carried ,by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. (Fixing date of hearing) RESOLUTION NO. 273.49 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 271-49 given its preliminary approval on the pro- posed plans specifications a n d form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of a reinforced con- crete cover slab over the "Bee Branch" Sewer at Fifteenth and Sycamore Streets from the end of the existing cover slab easterly a distance of 360 feet 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 public inspection, BE IT THEREFORE RESOLV- ED that on the 19th day of Sep- tember 1949, a public hearing will be hall 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 the assessment far the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to thv boundaries of the pro- posed district, to the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its con- owners at the time of Pinal con- sideration and unless property sideration of said resolution have on file with the Clerk objections to the cost of proposed improve- ment, they shall have been deem- ed to have waived all objections thereto, at which hearing t h e Couucil will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 29th day of August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P. WELU Councilmen, Attest: J. J. SHEA City Clerk. Councilman Russo moved the adoption of the resolution. Second- ed ,by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays -None. (Ordering Construction) RESOLUTION N0. 274.49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 272-49 which was duly passed by this Council for the construction of a. reinforced concrete cover slab over the "Bee Branch" Sewer at Fif- teenth and Sycamore Streets from the end of the existing cover slab easterly a distance of 360 feet 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 con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the 492 Special Session, August agth, 1949 said improvements be paid for out of the Street Construction Fund. BE IT FURTHER RESOLVED that the City Clerk be and be is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or ,before the 45 calendar days after notice to proceed. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in farce and effect from and after its passage and adoption by the City Council. Passed, adapted and approved this 29th day August, 1949. ALBERT WHARTON Mayor. F. W. THOMPSON FRANK VAN DUELMAN ROMOLO N. RUSSO CLARENCE P, WELU Councilmen. Attest: J. J. SHEA City Clerk. ' Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Thompson. Car• ried by the fol]owing vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duei- man, Welu. Nays - None. There being no further busineas Councilman Thompson moved to adjourn. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays -None. J. J. SHEA, City Clerk. Approved ........_ ...................... 1949. Adopted ................................ 1949. Councilmen ; ..................................... Regular Session, September 5th, 1949 493 City Council (OFFICIAL.) Regular Session, September 5th, 1949. No members of the City Council being present upon roll call the meeting was postponed awbject to call. J. J. SHEA, City Clerk. Approved ..... ..........................1950 Adopted ... .... ..........................1950 councilmen .................................... attest :.......... ...................................... City Clerk. Attest:....... ................................... City Clerk.