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1954 April Council Proceedings ~~ Regular Session, April 5th, 1954 229 CITY COUNCIL (OFFICIAL) Regular Session, April 5th, 1954. Council met at 7:30 P:M. Present-Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu, City Manager Schiltz. Mayor Schueller stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Dubuque, Iowa April 5, 1954 To the Honorable Mayor and Councilmen of the City of Dubuque. Gentlemen: The Trustees of Wahlert Founda- tion are deeply interested in the acquisition, by the City of Du• buque, of certain real estate which is being considered for recrea- tional purposes but, due to inade• quacy of funds, your Honorable Body has indicated that the city is in no position to purchase same at this time. The property under consdera- tion has many possibilities as a public recreation center, including, but not limited to, an exhibition grounds for all the 4H Clubs. Due to the topography of the City and its environs, there are not many such properties available and, since wholesome recreation facilities are as important to the welfare of a community As industrial develop- ment, the Trustees are of the firm belief that this property should be- long to the City. Accordingly, Wahlert Foundla- tion does hereby offer to the City of Dubuque the sum of $21,760.00, as an absolute gift with which to purchase the property referred ta, and entrust the responsibility upon the City, and its proper depart- ments, to develop and maintain the same for public recreation pur- poses. In the event that this offer is accepted by your Honorable Body, the gift, in the amount stated will be forthwith consumated. Respectfully submitted by, Wahlert Foundation Czizek & Czizek, Its Attys. Councilman Austin moved that the generous offer of the Wahlert Foundation be accepted and the City Manager instructed to convey the gratitude of the City Council to Mr. H. W. Wahlert for his gener- ous offer and gift. Seconded by Councilman Kalb. Carried 'by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 103.54 Whereas the Trustees of Wahl- ert Foundation have tendered the City of Dubuque a gift in the amount of Twenty-one Thousand, Seven Hundred and Sixty Dollars for the purchase of the property known as "Sylvester Place" and "Silver Acres" in the City of Du- buque, as a recreational area; and Whereas the City Manager has recommended that said gift be ac- cepted for the purposes designated, Now Therefore Be It Resolved By The City Council Of The City Of Dubuque, Iowa, that said gift of the Trustees of Wahlert Foun- dation in the amount of $21,760.00 be and the same is hereby ac- cepted and the City Treasurer is hereby authorized and instructed to receive the same and deposit in the Recreation Fund. Passed, adopted and approved this 5th day of April, A.D. 1954. LEO N.SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by CouncIlman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 5, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The offer of William S. Molo to sell 10.88 acres known as Sylvester Place in the city of Dubuque to the ~ Regular Session, April 5th, 1954 city for the sum of $21,760,00 an in addition to give to the city a gift property known as Silve Acres which includes Lot 2 of of 4 of Mineral Lot 260, Lot 1 of 4 Mineral Lot 260, Lot 2 of 1 of 2 0 4, Mineral Lot 260, Lot 1 of 2, Min eral Lot 259 and Lot 2 of 2 of 2 Mineral Lot 259, reserving th right to remove all his person property within ninety days. Al that the city assume any assess- ments levied against this property on the date the offer is accepted, was referred to the City Manager and City Solicitor for investiga• lion and report. This property can be used by the city for various purposes and I feel that with the cooperation of the Park Board, Recreation Com- mission and various civic organiza• lions, the property can be devel- oped and used to the benefit of the city. I recommend that the offer of William S. Molo be accepted. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be adopted. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 10454 Whereas, Wm. S, Molo has of- fered to sell to the City of Du- buque, Iowa, for the sum of $21,760, Sylvester Place, a subdi- vision in the City of Dubuque, Iowa, and concurrently to convey to the City of Dubuque, as a gift, the following described real estate sit• uated in the City of Dubuque, Du- buque County, Iowa, to wit: Lot 2 of Lot 2 of Lot 2 of Min- eral Lot 259; Lot 2 of Lot 2 of Lot 4 of Min• of Mineral Lot 260; Lot 2 of Lot 1 of Lot 2 of Lot 4 eral Lot 260; Lot 1 of Lot 2 of Mineral Lot 259; Lot 1 of Lot 4 of Mineral Lot 260; all subject to liens of special as- sessments now or hereafter levied and subject to the right of Wm. S. , ~-~a _ i ir~~.i. ~1M d Molo to remove all his personal as property now located on said real r estate within ninety days for the 2 date of conveyance; and, Whereas, said offer is condi- f tinned on its being accepted by the City of Dubuque on ar before mid• + night April 5, 1954; and, ~ Whereas, the City Manager has ~ recommended that said offer be ac- cepted; Now Therefore Be It Resolved By The City Council Of The City Of Dubuque, Iowa: ~fhat the offer of Wm, S. Molo to convey the following described real estate to the City of Dubuque, Iowa, to wit: Sylvester Place: Lot 2 of Lot 2 of Lot 2 of Min- eral Lot 259; Lot 2 of Lot 2 of Lot 4 of Min• eral Lot 260; Lot 2 of Lot 1 of Lot 2 of Lot 4 of Mineral Lot 260; Lot 1 of Lot 2 of Mineral Lot 259; Lot 1 of Lot 4 of Mineral Lat 260; in the City of Dubuque, Dubuque County, Iowa according to the re• corded plats of said respective subdivisions and subject to liens of special assessments now or hereafter levied and subject to the right of Wm, S. Molo to remove all his personal property now located on said real estate within ninety days from the date of such con• veyance, for the consideration of Twenty One Thousand Seven Hundred and Sixty and No/100 Dollars ($21,760.00), be and the same is hereby accepted and the City Au• ditor is hereby directed to issue a warrant drawn on the Recreation Fund and payable fA Wm. S. Molo and to deliver the same upon the receipt of a properly executed war- ranty deed conveying all of the above described real estate to the City of Dubuque, Iowa. Passed, adopted and approved this 5th day of April, 1954, LEO N.SCHUELLER Mayor CLARENCE P, WELU RAY F. KOI;B RUBEN V. AUSTIN CHARI;ES A. KINTZINGER Councilmen Attest: J. J. SIiEA, City Clerk t x J ~j ~> tj. ~~~. , f'` ~~~. Regular Session, April 5th, 1954 231 Councilman Kolb moved the adoption of the resolution. Second• ed by Councilman Kintzinger. Car• ried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that City Solicitor Nelson be directed to go to the residence of Mr. Wil• Liam S, Molo and present the check in the amount of $21,760.00 for the purchase of Sylvester Place and bring back the Warranty Deeds conveying Sylvester Place and Sil- ver Acres in Hillcrest Addition to the City of Dubuque, Iowa. Second• ed by Councilman Kolb, Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Rolb, Welu. Nays-None. Councilman Welu moved that the Warranty Deeds from William S, Molo to the City of Dubuque conveying Sylvester Place and Sil- ver Acres in Hillcrest Addition be accepted and recorded in the office of the County Recorder. Secondod by Councilman Rolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Kintzinger moved that a vote of thanks be extended to Mr. William S. Molo for his of- fer to sell Sylvester Place in Hill- crest Addition to the City of Du• buque for the sum of $21,760.00 and for his gift of Silver Acres in Hillcrest Addition to the City of Dubuque. Seconded by Councilman Welu. Carried by the following' vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Kintzinger moved that a vote of thanks be extended to the Junior Chamber of Com- merce for their efforts and work on the Swimming Pool Project and for their aid extended to Mr. William S. Molo in the submission of his offer to sell Sylvester Place in Hillcrest Addition to the City of Dubuque and for the gift of Silver Acres in Hillcrest Addition to the Citq of Dubuque. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of County Audi- tor Meloy submitting for Council approval the petition of Barbara Rahloff requesting suspension of the 1953 taxes on East ~ of Lot 352 East Dubuque Addition, pre• sented and read. Councilman Welu moved that the petition'be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Kolb. Carried by the fol• lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Kretschmer Insurance Agency requesting cancellation and release of Bond No, 735873 issued to The Key City Gas Com• pony, presented and read. Coun- cilman Kolb moved that the re- quest be granted. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Schlueter Insurance Agency requesting release of the Excavation Bond of Seubert and Fessler, presented and read. Coun- cilman Kolb moved that the re- quest be granted. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Koib, Welu. Nays-None, Petition of Steger Construction Company requesting pernnssion to excavate in the streets of the City of Dubuque, presented and read. Councilman Kolb moved that the request be granted providing a proper bond is furnished. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. iii .I t ~~ 232 Regular Session, April 5th, 1954 Petition of Dubuque Boat Club requesting that Council give their attention to the unsafe condition of the small boat ramp at the foot of Lincoln Avenue before the boat- ing season starts, presented and read. Councilman Austin moved that the petition be referred to the Dock Commission. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Al Slowey and others requesting the grading and sur- facing with crushed rock the por- tion of Burlington Street northwest from National Street to the alley on Burlington Street, presented and read. Councilman Austin moved that the petition be re• ferred to the City Manager, Second- ed by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, Petition of Dubuque Rites Club requesting City Council to remit the license fee for the holding of their circus on June 6, 7 and 8, 1954 at Dubuque Sports Bowl, pre• rented and read. Councilman Kolb moved that the request be granted, Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Harold Duffin and Eldon Hantelman requesting per- mission to extend the sanitary sew- er on Levi Street west to the pro- posed manhole on the east property line of English Lane, presented and read. Councilman Austin moved that the request be granted provided it is cleared with present plans. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of R. A. Schueller and Len Healy requesting the City Council to cause the area on the southeast corner of 30th Street and Central Avenue to be rezoned from the present multiple family resi• deuce classification to a local busi• Hess district classification far the purpose of erecting a modern, at- tractive Drive-In, presented and read. Councilman Kolb moved that the petition be referred to the Planning and Zoning Conunission for their recommendation and re- port. Seconded by Councilman Kintzinger. Carried by the fallow- ing vote: Yeas -Mayor Schueller, Coua- eilmen Austin, Kintzinger, Kolb, Welu, Nays-None. Petition of First National Bank requesting permission to Good three parking meters on the Fifth Street side of their building during banking hours for the purpose of permitting people to use the curb- stone teller and street window units and also requesting permis- sion to construct a canopy over the teller's window facing Fifth Street sidewalk, presented and read. Councilman Kolb moved that the request be granted and a prop- er ordinance prepared. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Paul Eisbach and others requesting the installation of a street light in the vicinity of Green Street and Alta Place, pre• rented and read. Councilman Kint- zinger moved that the petition be referred to the City Manager and Electrical Inspector for recommen- dation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilman Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Leo Droullard re• questing a refund in the amount of $25.00 an the unexpired portion of his Cigarette Permit No. 9, as he has discontinued business on March 31, 1954, presented and read. Councilman Kintzinger moved that the request be granted and the City Auditor instructed to - --_ Regular Session, April 5th, 1954 233 draw a warrant in the amount of $25.00 in favor of Leo Droullard to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 9. Sec- onded by Councilman Austin. Car• ried by the following vote: ~ Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Alfred G. Porter re- questing arefund in the amount ' of $25.00 on the unexpired portion h of his Cigarette Permit No. 222, as ~ he has discontinued business on March 31, 1954, presented and read. Councilman Kintzinger moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Alfred G. Porter to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 222. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- ', cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Fetition of Peter Klauer request• ing a refund in the amount of $25.00 on the unexpired portion of his Cigarette Permit 140, as he has discontinued business on March 31, 1954, presented and read. Councilman Kintzinger moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Peter Klauer to cover the amount of refund granted on the unexpired portion of his ~~ Cigarette Permit No. 140, Second- ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- ~, , cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Mathias M. Hoff- 1 ' mann requesting a refund in the amount of $100.00 on the unex- ' pired portion of his Class "B" Beer >: Permit No, 83, as he has discon• ~' .: timed business on March 16> 1954, presented and read, Councilman Kolb moved that the request be granted and the City Auditor in- structed to draw a warrant in the t amount of $100.00 in favor of Ma• 1 thias M. Hoffmann to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 83. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Charles Beversdorf Excavating and Wrecking Ca, re- questing permission to excavate in the streets and alleys of the City of Dubuque, presented and read. Councilman Kintzinger moved that the request be granted providing a proper bond is furnished. Second- ed by Councilman Austin. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Ludmilla F. Klauer requesting permission to run a sewer from Lot 2 of Lot 1 of Lat 2 of Klauer Place to Levi Street, pre- rented and read, Councilman Aus- tin moved that the petition be re- ferred to the City Manager. Second- ed by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun= cilmen Austin, Kintzinger, Kolb, Walu. Nays-None. Petition of Wm. L. Becker and Donald M. Ungs requesting a re- fund in the amount of $25.00 on the unexpired portion of their Ciga- rette Permit No. 272, as they have discontinued business on March 31, 1954, presen±ed and read. Coun• cilman Kintzinger moved that the request be granted and the City Au- ditor instructed to draw a warrant in the amount of $25.00 in favor of W. L, Becker and Donald M, Ungs to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 272. Seconded by Councilman Wetu. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Gerald Winters Post No. 9863 Veterans of Foreign Wars requesting permission to hold Buddy Poppy Sale on Friday eve- ning May 14th, 1954 and Saturday, 234 Regular Session, April 5th, 1954 May 15th, 1954, presented and read. Councilman Kintzinger moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Austin. Carried by the following Vote; Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. ORDINANCE N0. 10.54 An Ordinance establishing a grade on Brunswick Street from the north ;property line of Grove• land Place to the south property line of O'Neill Street, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sepa• rate days. Seconded by Council• man Kolb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0, 10.54 An Ordinance Eatabllahing a Grade on Brunswick Street from the North Property Line of Greveland Place to the South Property Line of O'Neill Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Bruns- wick Street from the North Property Line of Groveland Place to the South Property Line of O'Neill Street, be and the same [s hereby eatabllahed and adopted as shown by a profile of said street and grade prepared by the Clty Englneeq profile number 1403. Bench Mark: Point of arrow on Pire hydrant at the corner of Groveland Place and Brunswick Street, Elevation 757.96, Said grade begins at the north property line of Groveland Place, which fa station D±00. east and west curb elevation 75;1.;16; thence to station 0}86, east and west curb elevation 755.74; thence to station 1}36, east and west curb elevation 756.76; thence to station irBS, east and west curb elevation 7x9.28; thence to station 2}68,5, which fs the south property line of O'Neill Street, east and west curb elevation 764A6. Section 2. This ordinance shall be in Pu11 force and effect immediately upon its final passage and adoption and publication as provided by law, ~.i._. Passed, adopted and approved April 5th, 1959. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J, 7. Shea, City Clerk Published officially in The Tele- graph-Herald newspaper this 8th day of April, 1964. J. J, SHEA, it Apr.B City Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 11.54 An Ordinance establishing a grade on Carter Road from the north property line of Asbury Street to the south property line of Kaufmann Avenue, presented and read. Councilman Welu moved that the reading just had be ton• sidered the first reading of the or• dinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days: Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 11.54 An Ordinance Establishing a Grade on Carter Road from the North Property Llne of Asbury Street to the South Property Line of Kauf- mann Avenue. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Carter Road from the North Property Line of Asbury Street to the South Property Line of Kaufmann Avenue, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1404. Bench Mark: Point of arrow on fire hydrant at 2233 Carter Road, Elevation 922.87. Said grade begins at the North Prop- erty Line of Asbury Street, which is station 0}OD, east curb elevation 929.00, west curb elevation 929.60; thence to station 0+5Q east curb elevation 929.56, west curb elevation i ~i, i i ( ,i t ~. Regular Session, April 5th, 1954 235 929.85; thence to station 1}00, east curb elevation 929.99, west curb ele- vation 929.59; thence to station 1}50, east and west curb elevation 928.29; thence to station 5}00, east and weal curb elevation 915.24; thence to sta- tion 6}00, east and west curb eleva- tion 912.07; thence to station 7}00, east and west curb elevation 909,98; [hence to station 8}00, east and west curb elevation 908.99; thence to sta- tion 9+00, east and west curb eleva- tion 909.08; thence to atatfon 10}00, east and weal curb elevation 909.72; thence to station 10}50, east and west curb elevation 910.09; thence to station 11}25, east and west curb elevation 910.85; thence to sfatian 12}00, east and west curb elevation 912.32; thence to station 12}75, east and west curb elevation 914.95; thence to station 13}50, east and west curb elevation 917,23; thence to atatfon 13}80, east and west curb elevation 918.47; thence to station 19}90, east and west curb elevation 921.72; thence to station 16}00, east and west curb elevation 922.31; thence to station 17}1D, east and west curb elevation 920.27; thence to atatfon 18}20, east and west curb elevation 916,57; thence to station 19}29,03, which ie the south property line of Kaufmann Avenue Extension, east and west curb eleva- tion sos:4D. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved April 5th. 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea, City Clerk Published officially in The Tele- graph-Herald newspaper Chia 8th day of April, 1959. J. J. SHEA, It Apr.B Clty Clerk Councilman Welu moved the adoption of the ordinance. Sernnd• ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 12.54 An Ordinance establishing a grade on Devon Drive from the south property line of Mineral Street to the north edge of con• Crete pavement of Dodge Street, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules'be suspended requiring an or- dinance to be read on three sepa• rate days. Seconded by Councilman Kolb, Carried by the following Vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. OROINANCE NO. 12.54 An Ordinance Establishing a Grade on Devon Drive from the South Property Llne of Mineral Street to the North edge of concrete pave- ment of Dodge Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Devon Drive from the South Property Line of Mineral Street to the North edge of concrete pavement of Dodge Street, be and the same is hereby e~tab- lished and adopted as shown by a profile of said street and grade pre- pared by the Clty Engineer, profile number 1392. Bench Mark: Point of arrow on fire hydrant at corner of Mineral Street and Gilliam Street, ele- vation 811.76. Said grade begins at the south property line of Mineral Street, which is atatfon 0.02, east and west curb elevation 806.55; thence to station 0}90, east and west curb elevation 807.04; thence to station 0}80, east and west curb elevation 808.11; thence to station 1}50, east and west curb elevation 810.49; thence to station 2}50, east and west curb elevation 812.40; thence to station 3}50, east and west curb elevation 811.33 thence to station 4}70, east and west curb elevation 808.27; thence to slation 5}70, east and west curb elevation 807.81; thence to station 6+70, east and west curb elevation 811.55; thence to station 10}00, east and west curb elevation 830.82; thence to station 12}20, east and west curb elevation 836.65; thence to station 14}90, east and west curb elevation 828.45, thence to station i6}60, east and west curb elevation 813.23; thence to station 16}90, east and west curb elevation 811.67; thence to station 17+20, east and weal curb elevation 811.15; thence to station 17}93.9, which is the North edge of concrete pavement of Dodge Street, east and west curb elevation 811.15. Section 2. This ordinance shall be m full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved April 5th, 1959. LEO N, SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea, City Clerk Published officially in The Tele- graph-Herald newspaper this 8th day of April, 1954. J. J. SHEA, It Apr.8 City Clerk Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Kolb. Carried by the following vote: '~~' ~ ...-~ 236 Regular Session, April 5th, 1954 Regular Session, April 5th, 1954 237 Colln• Yeas - Mayor Schueller Published officially In The Te]e- ~ east and west curb elevation 814.75; , cilmen Austin, Kintzinger, Kolb, graph-Herald newspaper this 8th day of April, 1954. thence to station 4+00, east and west curb elevation 812.50; thence to station WeIU J. J. SHEA, t 4+50, east and west curb elevation , It Apr.B City Clerk ' e tl no 8~O l h Nays-None, r th nce we t curb leva o 807.5 and Councilman WeIU mOVed the to station 5+50, east and west curb ORDINANCE N0. 13.54 adoption of the ordinance. Second- elevation 604.68; thence to station s+oo, east and west curb elevation An Ordinance establishing a ed by Councilman Kolb. Carried 3olso; thence to atatton s+5o, east and west curb elevation 797.95; thence grade on Edina Street from a point by the following vote: to station 7+aD, east one west curb 207.15 feet east of the east pro P• Yeas - Ma or Schueller, Caun• Y 1 -. elevation 793.40; tnence to atatton 8+OD, east and west curb elevation erty line of Glen Oak Street to cilmen Austin, Kintzinger, Kalb, 783.90; tnence to station 81.50, east the east property line of Glen Oak Welu. and west curb elevation 77s.7s; thence to station 9-E00, east and weal curb Street presented and read. Coun Nays-None. etevauon 774.9a; thence to station , cilman Welu moved. that the read- s+25, east ana west curb elevation l l ing just had be considered the ORDINANCE N0. 14.54 I n 768 912 thence we t curb elevatio and first reading of the ordinance. Sec- An Ordinance establishing a to station 11+25, oast ana west curb elevation 770.15; thence to atatton onded by Councilman Kolb. Car- grade on Fairfax Avenue from the t1+5x.43, which la the north prop~ , ried b the fallowin vote: ' y g south ra ert line of Penns lvania P P Y Y erty line of Lenox Avenue, east curb elevation 771.71, west curb elevation Yeas -Mayor Schueller Coun• Avenue to the north property line 771.4x• , , cilmen Austin, Kintzin er, Kolb,' g of Lenox Avenue resented and , , P section 2. This ordinance shall be in full force and effect immediately Welu ~ read. Councilman Welu moved that upon its final passage ana adoption . Nays-None. the reading just had be CO11.Sld• ~ and publication ae provided by law. Passed, adopted and approved April Councilman Welu moved that erect the first reading of the ordi• t 5th. 1x54• LEG N. sCHUELLER, Mayor the rules be suspended requiring Hance. Seconded b Councilnuln Y CLARENCE P. WELU an ordinance to be read on three :Kolb. Carried by the following RAY F. KOLB separate days. $eCOnded by Coan• Vote. j CHARL S A. KINTZINGER cilman Kolb. Carried by the fol- : Yeas -Mayor Schueller Coun• F Councilmen Attest: J. J. Shea lowing vote: 'cilmen Austin, Kintzinger, Kolb, City Clerk Yeas -Mayor Schueller Coan• Welu• Published officially in The Tele- graph-Herald newspaper this 8th day cilmen Austin Kintzinger Kolb Nays-None. of Aprn, 1954. , , , Welu. ~ Councilman Welu moved that It Apr.B J. JClty C ark Nays-None. the rules be suspended requiring Councilman Welu moved the an Ordinance t0 be refld On tlll'ee adoption Of the OrdlnanCe. SeCOnd- ORDINANCE N0. 13.54 ed by Councilman Kolb. Carried An Ordinance Establishing a Grade on Edina Street from a point 207.15 separate days. Seconded by Coun- ' cilman Kolb, Carried by the follow- by the following vote: feet east of the East Property Line Yeas -Mayor SChuelle[, Ct1an- of Glen Oak Street to the East Property Line of Glen Oak Street. ing vote: ~ Yeas -Mayor Schueller, COUn• cilmen Austin, Kintzinger, Kolb, Be It Ordained by the City Councl] h Cllmen AUStIn Kintzinger Kolb W~a• of t e City o[ Dubuque: Th S ti 1 t d Edi , ; , , ~ WeIU Nags-~Nbne, ec a gra na on . a e on Street from a point 207.15 feet east of . Nays--None. ORDINANCE N0. 15+54 the East Property Line of Glen Oak . i An Ordinance establishing a Street to the Eaat Property Line of Glen Oak Street, be and the same Is ' ORDINANCE N0. 14.54 , grade on Goethe Street from the hereby established and adopted as An Ordinance Establishing a Grade West property line of Burden Ave• shown by a profile of said street and grade prepared by the City Engineer, on Fairfax Avenue from the south Property Line of Pennsylvania Ave- nee t0 the alley West of Balks profile number 1400. Bench Mark: nos to the North Property Llne of presented and read. Coun• Street Point of arrow on [ire hydrant at 1063 Edina Street elevation 91s.7o. Lenox Avenue. , cilman Welu moved that the read- , Said grade begins at a point 207.15 Be It Ordained by the City Council of the City of Dubuque: Ing jll8t had be considered the feet east of the East Property Line of Glen Oak Street, which is station Section 1. That a grade on Fairfax first reading of the ordinance. Sec- 4+04, north and south curb eleva- lion 813.59, thence to atatton 0+50, Avenue from the South Property Line of Pennsylvania Avenue to the North onded by Councilman Kolb.. Car• north and south curb elevation 811.30; Property Line of Lenox Avenue, be ~ ried by the following vote: thence to station 0+9Q north and south curb elevation 811.86; thence to and the same is hereby established ~ and adopted as shown by a profile of. Yeas - Mayor Schueller, Coun- station 1+30, north and south curb said street and grade prepared by Cllmen AAStIn, Kintzinger, KOIb, elevation 814.63; thence to station the City Engineer, profile number Wela 2+07.15, which is the east property 1407. Bench Mark: Spike in Utility . line of Glen Oak Street, north and Pole No. 207F4.10, southwest corner Nays-None. south curb elevation 821.99, of Fairfax Avenue and Pennsylvania Avenue elevation 831.35. Sold grade COURCIIman Welu moved that Section 2. This ordinance shall be in full force and effect Immediately , p ; o g~ u i lA the rules be saspended requiring upon its final passage ana adoption of Pennsylvania Aven e, wt lch is station o+oo east curb elevation an ordinance to be read on three and publication as provided by law, , 828.32, west curb elevation 829.37; separate days, Seconded by Coun- Passed, adopted and approved April 5th, 1954. thence to station 0+5Q east curb elevation 825.16, west curb elevation Cllmen Kolb. Cafrli'd by t118 fOl- LEO N. SCHUELLER, Mayor 825.68; thence to station 1+00, east lowing vote: CLARENCE P. WELD . RAY F. KOLB curb elevation 822.48, west curb ale- vatlon 822.61; thence to station 1+50, ~ Yeas -Mayor Schueller, Coun• RUBEN V. AUSTIN east and west curb elevatlon 820.75; cilmen Austin, Kintzinger, Kfslb, CHARLES A. KINTZINGER thence to station 2+50, east and west b l tl 818 25 th t t "~ Wela Councilmen Attest: J, J. Shea 2ur e eva on ; ence o e a- . Lion 3+OQ east and weal curb eleva- . 1'tiyS•-1110nC. City Clerk .lion 816.75; thence to station 3+50, i ORDINANCE N0. 15.54 An Ordinance Establishing a Grade on Goethe Street from the Wit Property Line of Burden Avenue to the alley Weat of Balks Street, Be It Ordained by the City Council of the City o[ Dubuque: Section 1. That a grade an Goethe Street from the West Property Line of Burden Avenue to the aney west of Balks Street, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the Clty Engineer, profile number 1408. Bench Mark: Point of arrow on fire hydrant at earner of Burden Avenue and Goethe Street, elevation 727.41. Said grade begins at the west property line of Burden Avenue, which is station 0+00, north curb elevation 727.14, south curb elevation 726.00; thence to station 0+40, north curb elevation 727.50, south curb elevation 726.98; thence to station 0+70, north curb ele- vation 727.98, south curb elevatlon 727.88; thence to atatton 1+00, north and south curb elevation 727.77; thence to atatton 2+15, which 1s the east propertp line o[ Balks Street, north and south curb elevation 732.50; thence to station 2+75, which le the west property line of Balks Street, north and south curb elevation 739.80; thence to station 3+80, which is cen- ter line of alley west of Balks Street, north and south curb elevation 738.00. Section 2. This ordinance shall be in fuU force and effect immediately upon its final passage and adoption and publ[catlon as providd by law. Passed, adopted and approved April 5th, 1954. LEO N. SCHUELLER, Mayor CLAAENCE P. WELII RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially In The Tele- graph•Herald newspaper this 8th day It Apr.6 Ctty Clerk of April, 1954. J. r. sHEA, Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 16,54 An Ordinance establishing a grade on Henry Street from the east property line of Queen Street to the west property line of Wind- sor Avenue, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Korb. Carried by the following vote: Yeas -Mayor 5chueiler, Coun• cilmen Austin, Kintzinger, Rolb, Welu. ' NByS-NOnC. 238 Regular Session, April 5th, 1954 Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Council• man Kolb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE NO. 18.54 An Ordinance Establishing a Grade on Henry Street from the East Property Line of Queen Street to the West Property Llne of Windsor Avenue. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Henry Street from the East Property Line of Queen Street to the West Property Line of Windsor Avenue, be and the same is hereby established and adopt- ed as shown by a profile of said street and grade prepared by the City Engineer, protlle number 1397. Bench Mark: Point of arrow on fire hydrant at 2520 Queen Street, eleva- tion 671.15 $a[d grade begins at the east property line of Queen Street, which is station 0}00, north curb ele- vation 667.59, south curb elevation 667.36; thence to etatton 0}60, north and south curb elevation 659.86; Chance to station 1}20, north and south curb elevation 656.99; thence to etatton 2}21.8, which la the west property line of Windsor Avenue, north and south curb elevation 556.03. Section 2. This ordinance shall be in full force and effect Immediately upon its final passage and adoption and publicat[on ae provided by law. Passed, adopted and approved April 5th, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Ceuncilmen Attest: J. J. Shea City Clerk PubBahed afflclally in The Tele- graph-Herald newspaper. this Bth day of April, 1954. J. J. SHEA, it Apr.B City Clerk Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 11.54 An Ordinance establishing a grade on Kane Street from 2200 feet north of the north property line of Kaufman Avenue to 4192.6 feet to the end of Rane Street, presented and read. Councilman Welu moved that the reading. just had be considered the first read- ing of the ordinance. Seconded by Councilman Kalb. Carried by the following vote; Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring an ordinance to be read an three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. ORDINANCE N0. 77.54 An Ordinance- Establishing a Grade on Kane Street from 2200 feet North of North Property line of Kaufmann Avenue to 9192.6 feet to the end of Kane Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Kane Street from 2200 feet North of the North Property Line of Kaufmann Avenue to 4192.6 feet to the end of Kane Street be and the same is here- by established and adopted as shown by the profile of said street and grade prepared by the Ctty Engineer, profile number 1408. Bench Mark: Point of arrow on fire hydrant at corner oP Kane Street and Primrose Street, elevation 795.35. Said grade begins at 2200 feet north of the North Property Line of Kaufmann Avenue, which is station 22}00, east and west curb elevation 812.61; thence to sta- tion 23-1-57, east and west curb eleva- tion 811.81; thence to station 25}07, east and weal curb elevation 808.77; thence to station 26#57, east and west curb elevation 801.30; thence to station 27}85, east and west curb elevation 793.03; thence to atatlon 28}85, east and west curb elevation 788.69; thence to atatlon 29}85 east and west curb elevation 788.63; thence to station 34}85, east and west curb elevation 798.23; thence to station 35}85, east and west curb elevation 801.31; thence to atatlon 36}85, east and west curb elevation 806.65; thence to atatlon 41}06, east and west curb elevation 833,87; thence to atatlon 41}92.6, east and west curb elevation 838.94. Section 2. This ordinance shall be in full Porce and effect Immediately upon its final passage and adoption and publication ae provided by law. Passed, adopted and approved April 5th, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this Bth day J. J. SHEA, of April, 1964. It Apr.B City Clerk Councilman Welu moved the adoption of the ordinance. Second• Regular Session, April 5th, 1954 239 ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 18.54 An Ordinance establishing a grade on Karen Street from the west property line of Carter Road to the east property line of Kevin• dale Street, presented and read. Councilman Welu moved that the reading just had be con• sidered the first reading of the or- dinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sep• orate days. Seconded by Council- man Kolb. Carried by the follow~ ing vote: ' Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE NO. 19.54 An Ordinance Establishing a Grade on Karen Street from the Weat Property Line of Carter Road to the East Property Line of Kevin- dale Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Karen Street from the Weat Property Line ~ of Carter Road to the Eaet Prop- erty line of Kevindale Street, be and the same is hereby established and adopted as shown by a profile of said ., street and grade prepared by the City Engineer, protlle number 1405. Bench Mark: Point of arrow on fire hydrant at corner of Carter Road and Karen Street, elevation 913.42. Said grade begins at the west prop- arty Ilne of Carter Road, which la station 0}D0, north and south curb elevation 910.80; thence to atatlon 0}30, north and south curb eleva- tion 911.31; thence to atatien 1}30, north and south curb elevation 911.17; thence to station 2}30, north and south curb elevation 907.16; thence to station 3}50, north and south curb elevation 900:16; thence to sta- ~ lion 5}00, north and south curb ale- , cation 889.89; thence to station 6}50, ~ - north and south curb elevation 816.40; R, thence to atatlon 6}87.7, which is the east property Ilne of Kevindale ~- Street, north and south curb eleva- tion 872.63; thence to atatlon 7}27.7, which la the weal property line of Kevindale Street, north and south curb elevation 868.63. Section 2. This ordinance shall be ~ in full force and effect immediately I upon its final passage and adoptlon t and publication as provided by law. Passed, adopted and approved April 5th, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councnmen Attest: J. J. Shea C(ty Clerk Published officially in The Tele• graph-Herald newspaper this Bth day oP Apr11, 1954. J. J. SHEA, It Apr.B City Clerk Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Rolb, Welu. Nays-None. ORDINANCE N0. 19.54 An Ordinance establishing a grade on Kevindale Street from the north property line of Karen Streeh to the south property line of Lin• dale Street, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kalb. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Rolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- Gilman Kolb. Carried by the fol- lOwing Vate: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Rolb, Welu. Nays-None. ORDINANCE NO. 19.54 An Ordinance Eatabllahing a Grade on Kevindale Street from the North Property Line of Karen Street to the South Property Ltne of Lindale Street. Be It Ordained by the City Council oY the Clty of Dubuque: Section 1. That a grade on Kevln• dale Street from the North Proyarty Line of Karen Street to the South Property Line of Lindale Street, be and the same is hereby eatabliahed and adopted as shown by a profile of said street and grade prepared by the City Engineer, protlle number 1402. Bench Mark: Spike in Utlltty Pole left of station 1}20, elevation 872.34. Said grade begins at the north property line of Karen Street, which is station 0}00, west curb elevation 871.40, east curb elevation 669.70; thence to station 0}5D, west curb elevation 871.68; east curb elevation 871.25; thence to station 1}00, east ~: 6 ~~ i ~k~ L i 240 Regular Session, April 5th, 1954 and west curb elevation 871.96; thence to station 1}50, east and weal curb elevation 872.24; thence to station 2}50, east and west curb elevation 870.86; thence to station 8}511, east and west curb elevation 865.60; thence to statton !}AD, which Is the south property tine of Lindale Street, east and west curb elevation 862.00. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adapted and approved Apri] 5th, 1954. LEO N. SCHUELLER, Mayor CLARENCE P, WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officlally in The Tele- graph-Herald newspaper this 8th day of April, 1954. J. J. SHEA, 1t Apr.B Clty Clerk Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays--None. ORDINANCE N0.20,54 An Ordinance establishing a grade on Levi Street from the east property line of English Lane to the west property line of Lorimer Street, presented and read. Coun- cilman Welu moved that the read- ing just had be considered the first reading of the ordinance. Sec- onded by Councilman Kolb. Car• tied 'by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules -be suspended requiring an ordinance to be read on three separate days. Seconded by Coun• cilman Kolb. Carried by the fol- lowing vote; Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. ZO.54 An Ordinance Establishing a Grade on Levi Street from the East Prop- erty Line of Engllah Lane to the West Property Line of Lorimer Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Levi Street from the Eaet Property Line of English Lane to the West Prop- erty Line of Lorimer Street, be and . ~~m~~ea~q „ .~ ;~1~. the acme to hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1394. Bench Mark: Point of arrow on fire hydrant at the corner of English Lane and Levt Street, elevation 798.83. Said grade begins at the east property line of Engllah Lane, which is station 0}00, north curb elevation 797.34, south curb elevation 790.51; thence to station 0}25, north curb elevatlon 795.55, south curb elevation 796.85; thence to station 0}60, north and south curb elevation 793.76; thence to station 1}00, north and south curb elevation 788.69; thence to station 1}50, north and south curb elevation 783.15; thence to station 2}35, north and south curb elevatlon 772.63; thence to station 2}95, north and south curb elevatlon T67.24; thence to station 3}55, north and south curb elevation 765.93; thence to station 4}15, north and south curb elevation 768.72; thence to station 4}76, north and south curb elevatlon 775.62; thence to station 5}70, north and south curb elevation 789.69; thence to station 6}35, north and south curb elevation 797.22; thence to station 1}00, north and south curb eleva- tion 800.48; thence to station 7}56, which is the west property line of Lorimer Street, north and south curb elevation 801.36, Section 2. This ordinance shat] be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved April 5th, 1954, LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councnmen Attest: J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 8th day of April, 1954. J. J. SHEA. It Apr.B Clty Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by .Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0.21.54 An Ordinance establishing a grade on McPoland Avenue from the intersection of the south prop- erty line of Pennsylvania Avenue and the center line of McPoland Avenue to the intersection of the north property line of Lenox Ave- nue and the center line of Ma Poland Avenue, presented and read, Councilman Welu moved that the reading just had be con• sidered the first reading of the or- dinance. Seconded by Councilman Kolb. Carried by the fallowing vote: r`; zP; Regular Session, April 5th, 1954 2A1 Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzingee, Kolb, Wetu. Nays••-None. Councilman Welu moved that the rules be suspended requiring an or- dinance to be read on three sepa- rate days.. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 21.54 An Ordinance Establisning a Crade on McYoland Avenue from the inter- section of the South Preperty Line of Pennsylvania Avenue and the cen- ter line of McPoland Avenue to the intersectton of the North Property Lme of Lenox Avenue and the center ling of McPoland Avenue. Be I' Ordained by We City Council oY the Clty of Dubuque: Section 1. That a grade on Mcl'o• land Avenue from the intersection of the South Property Line of Penn- sylvania Avenue and the center line of MoPoland Avenue to the intersectton of the North Property Line of Lenox Avenue and the center line of Aic- Poland Avenue, be and the soma is hereby estabnshed and adopted as shown by a profile oP said suet and grade prepared by the City Engineer, profile number 1410. Bench Mark: Point of azrow on Fire Hydrant at 2525 Pennsylvania Avenue, Elevation 832.89. Said grade begins at the inter- section of the South Property Lina of Pennsylvania Aveune and the center line o`. McPoland Avenue a•hicn is station 0}10.9 east and west garb elevation 813.6, thence to station 1-50, east and west curb elevation 806.53, thence to statton 2}00, east and west curb elevatlon 804.05, 'chance to station 2+50, east and west curb elevation SD ,97, thence to station 4.50, east and west curb elevation 799.47, thence to statton 5+W, east and west curb elevation ,92.52, thence to station S}5D, east and west curb elevation 790.90, thence to station 6-j-60, east and west curb eleva- tlon 786.00, thence to station 7+00, east and west curb elevation 783.36, thence to statton 7}50, east and west curb elevation 782.25, thence to station 9+00, east and west curb elevation 777 00, thence to atatlon 9}50, east and west curb elevation 776.50, thence to station 10}D0, east and west curb ele- vatlon 776.30, thence to station 10+70, east and west curb elevation 770,60, thence to statton 11}20 east curb ele•raHon 777.21, west curb elevation 77fi.90, thence to station 11}70, east curb elevation 779.40, west curb ele- vation 777.16, thence to atarion 12-F 36.47, which 1s the intersection of the North Property Line of Lenox Avenue an dthe center line of Mc- Poland Avenue, east curb elevation 780,39, weal curb elevatlon 777.49. Section 2. 'this ordinance shall be In fah farce and effect immediately upon its final passage and adoption and publiration as provided by law Passed, adopted and approved Auril 8th, 1964. LEO N. SCHUELLER, Mayor CLARENCE F. WELU RAY F. KOLB RUBT;N V. AUSTIN CHARLES A. KTNTZIVGTH Councilmen Attest J. J. Shea, City Clerk Published officlally in The Tele- graph-herald newspaper this 9th day of April, 1954. J. J. SHEA, It Apr. 9 City Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 22.54 An Ordinance establishing a grade on Mineral Street from the west property line of Gilliam Street to a point 400 feet west of the west property line of Gilliam Street, presented and read. Councilman Welu moved that the reading just had be considered the first read- ing of the ordinance. Seconded by Councilman Kolb. Carried by the following vote; Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun• cilman Kolb. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coua• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 22.54 An Ordinance Establishing a (.rode on Mineral Street from the Rest Property Line of .Gilliam Street to a point 400 feet vreat of the Weat Prop- erty Line of Gilliam Street. Re It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Mineral Street from tho West Property Tine of Gilliam Street to a point 400 feet want of the 'v4 eat Property Lino of Gilliam Street, be and the same is hereby established and adapted as shown by a profile of said strer;t ::nd grade prepared by the .City Entineer, profile number 1409. Hench Mark. Point of arrow on Fire hydrant at corner oP Miners] Street and Gllllam Street. elevation 811.7fi. Said grade be- ggirs at the west property line o[ ail- ]iam Street, which Is station 0 } OD thence to station 0}08, which is the end of existing curb returns, north curb elevation 811.52, south curb eleva• lion 813.81 thence to station 1.~;-10, north elevation 812.13, south curb elevatlon 813.04, thence to ata.tion 1}70, north curb elevation 61].84, south curb elevation 812.03, thence to atatlon 2}3Q north and south curb elevatlon 810.23, thence to sta- tton 2}80, north and south curb cle- vatinn 808.57, thence to statton ?~ 30, north anti south curb elevation 807.86, thence to station 4+DD, north and aruth curl elevation 807.16. 242 Regular Session, April 5th, 1954 Section 2. Thla ordtnance shall be in full force and effect immediately upon its final passage and adoption and publicatlnn ae provided by law. Paaaed, adopted and approved .lpril 5th, 1954. LEO N. SCHUELLDR, Mayor CLARENCE P. WELU RAY F. I{OLB RUBEN V. AUSTIN CHARLES A. KINTZINGliR Councilmen Attest: J. J. Shea, City Clerk Published officially in The 'rele- of april,el95g newspaper this 9th day J. J. 9HEA, 1tApr.9 City Clerk Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. ORDINANCE N0.23.54 An Ordinance establishing a grade on Nebraska Avenue from the north property line of Lenox Avenue to the south property line of McPoland Avenue, presented and read. Councilman Welu moved that the reading just had been considered the first reading of the ordinance, Seconded by Coun- cilman Kolb. Carried by the fol• lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance ~to be read on three sepa• rate days. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 23.54 An Ordinance Establtahing a Grade on Nebraska avenue from the North Property Llne of Lenox Avenue to the South Property Liae of McPolanl Avenue. Ile It Ordained by the City Couneil of the City of Dubuque: Section 1. That a grade on Nebraska Avenue from the North Property Llne of Lenox Avenue to the South Propp- erly Line o[ DicPaland Avenue, be an9 the same fe hereby eatabllYhed and adopted as shown by a profile of said street and grade pr?pared b3' the City Engineer profile number ]395. Bench Mark: Point of arrow on Fire Hydrant at corner of Lenox Avenue and Nebraska Avenue, Hlevatlon MI6. 91. Said grade begins at the interyec- tlon of the north property line at I.en• ox Avenue and the center Ilne of Ne- braska Avenue, which ie atatlon 0}00, east and west curb elevation 810.01, thence to station 0}76.5, east and west curb elevation 812,38, thence to station 1•}-15.5, east and west curb elevation 809.93, thence to station 1}bb.5, east and west curb elevation 806,86, thetrce to atatlon 1-F7b, east and west curb elevanon 805.14, thence to station 2}25.5, east and west curb elevation 801.70, thence to etation 2+bb.b, east and went curb elevation 198,88, thence to station 5}b7.4, which la the south property line of McPoland Avenue, east and west curb elevation 777.00. Seotlon 2. Th1e ordinance shall he in full torte and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved April 5th, 1554. LEO N. SCHUELLER, Nayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZIN ;ER Councilmen Attest: J. J. Shea. City Clerk Published officially in The Tele• graph-I;erald newspaper thta 9th day of April, 1964. J. J. BHEA, It Apr. 9 City C'.erk Councilman Welu moved the adoption of the ordinance, Second- ed by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Rintzinger, Kolb, Welu. Nays-None. ORDINANCE N0.4454 An Ordinance establishing a grade on Park Street from the west property line of Glen Oak Street to a point 107 feet west of the west property line of Glen Oak Street, presented and read. Councilman Welu moved that the reading just had been considered the first read- ing of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sep• orate days. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 24.54 An Ordinance Establishing a Grade on Park Street from the West Property Llne of Glen Oak Street .,.~ ~„_._, ..~ ..~.._ _. , w x .~ v ~, f. w a o- ffi rF~~ R~sl?'aew~~~F"'f~9!'~ „. ~ .,. Regular Session, April 5th, 1954 243 to a point 107 feet west of the bleat Property Line of Glen Oak Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Park Street from the West Property Line ni Glen Oak Street to a point 107 feet west of the West Property Line of Glen Oak Street, be and the same is hereby established and adopted as ahawn by a profile of said street and grade prepared by the City En- gineer, profile number 1393. Bench Mark: Point of arrow on fire hydrant at corner of Glen Oak Street and Park Street, elevation 832.39. Said grade begins at the west property line of Glen Oak Street, welch is station 0}D0, north and south curb elevation 828.59; thence to station 0}30, north and south curb elevation 832.19; thence to atatlon 0}80, north and south curb elevation 838.09; thence to station 1}07, which is the end of exiet[ng concrete Pavement, north and south curb elevation 840.66. Section 2. This ordinance shall be in toll force and effect immediately upon its final passage and adoption and publicatlnn as provided by law. Paased, adopted and approved April 5th, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially In The Tele- graph-Herald newspaper this 9th day of April, 1954. J. J. $HEA, It Apr.9 City Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. ORDINANCE N0.25.54 An Ordinance establishing a grade on Pennsylvania Avenue from the east property line of 13y art Place to -the center line of Cha- ney Road, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Korb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Coun• cilmen Kolb. Carried Eby the fol- lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, ORDINANCE N0. 25.54 An Ordinance Establishing a Grade on Pennsylvania Avenue from the East Property Line of Hyatt Place to the Center Line of Chaney Road. Be It Ordained by the City Council of the City of Dubuque: Seetlon 1. That a grade on Penn- sylvania Avenue from the East Prop- erty Line of Hyatt Place to the Cen- ter Line of Chaney Road, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1413. Bench Mark: Point of arrow on fire hydrant at 2525 Pennsylvania Avenue, elevation 832.89. Sold grade begins at the East Property Line of Hyatt Place, which is etation 0+00, north and south curb elevation 857.98; thence to station 1}75, north and south curb elevation 852.82; thence to atatlon 2}75, north and south curb elevation 899.00; thence to station 3+75, north and south curb eleva- tton 843.94; thence to atatlon 4}75, north and south curb elevation 836.15; thence to etation 6+75, north and south curb elevation 827.12; thence to station 7}00, north and south curb elevation 814.74; thence to station i }75, north and south curb eleva- tion 807.32; thence to station 9}5Q north and south curb elevation 796.86; thence to atatlon 10}00, north and south curb elevation 796.80; thence to station 10}54, north and south curb elevation 797.00; thence to ata- tlon Il}25, north and south curb elevation 799.98; thence to station I1}50, north and south curb eleva- tion 801.40; thence to etation 12}00, north and south curb elevation 804,63; thence to station 12+50, north and south curb elevatton 808.63; thence to station 13}00, north and south curb elevation 813.00; thence to station 19}00 north and south curb ele- vation 821.75; thence to station 14}75, north and south curb eleva- tion 828.30; thence to station 15}50, north and south curb elevation 832,75; thence to atatlon 16}00, north and south curb elevation 833.38; thence to station 16}50, north and south curb elevation 832.13; thence to ata- tlon 17}25, north and south curb elevation 828.74; thence to station 18}00, north and south curb eleva- tion 819.24; thence to station 19}00, north and south curb elevation 809.24; thence to station 19}50, north and south curb elevation 804,24; thence to atatlon 20}D0, north and south curb elevation 800.24; thence to sta- tion 20}50, north and south curb elevation 798.24; thence to etation 21}17, which Is the center line of Chaney Road. north and south curb elevatton 798.90. Section E. This ordtnance shall be in full force and effect immediately upon its Etna] passage and adoption and publication as provided by law. Faased, adopted and approved April 5th, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A, KINTZ[NGER Councilmen Attest: J. J. Shea City Clerk Published offteially in The Tele- graph-Herald newspaper this 9th day of April, 1954, J. J. sxEA, lt. Apr.9 Clty Clerk Councilman Welu moved that the ordinance be adapted. Second• i= ~' ,' 1~ ;~ i "I~I 244 Regular Session, April 5th, 1954 ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 26.54 An Ordinance establishing a grade on Poplar Street from the south property line of Asbury Street to the north property line of Finley Street, presented and read. Councilman Weiu moved that the reading just had be consid- ered the first reading of the ordi- nance. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 26.54 An Ordinance Establishing a Grade on Poplar Street from the South Property Line of Asbury Street to the North Property Line of Fin- ley Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a 'grade on Poplar Street from the South Property Line of Asbury Street to the North Prop- erty Line of Finley Street, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 19ll. Bench Mark: Point of arrow on fire hydrant at corner oP Finley Street and Poplar Street, elevation 850.78. Said grade begins at the south prop- erty line of Asbury Street, which is station 0}00 east and west curb elevation 872.47; thence to station 1+55, east and west curb elevation 8ti3.79; thence to station 2}05, east and west curb elevation 860.73; thence to station 2}55, east and west curb elevation 857,13; thence to station 3+30, east and wear. curb elevation 95133; thence to station 3}50, west curb elevation 849.90, east curb ele- vation 349.78; thence to statoon 3}70, west curb elevation 848.71, east curb elevation 848.23; thence to elation '+33.2, which is the north property line of Finley Street, west curb ele- vation 898.00, east curb elevation 347.20. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved April 5th, 1954. LEO N. SCHUELLER Mayor CLARENCE P, WELfT RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINOER Councilmen Attest: J. J. Shea City 'Clerk Published officially in Tha Tele- graph-Herald newspaper this Stn day of Apr11, 1959. J. J. 9HEA, It Apr.9 City Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Koib, welu. Nays-None. ORDINANCE N0.21•S4 An Ordinance establishing a grade on Vernon Street from the east property line of Glen Oak Street to a point 280 feet east of the east property line of Glen Oak Street, presented and read. Coun- cilman Welu moved that the read- ing just had be considered the first reading of the ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun• cilman Kolb. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Rintzinger, Kolb, Welu. Nays-None. ORDINANCE N0, 27.84 An Ordinance Establishing a Grade an Vernon Street from the East Frop- erty Line of Glen Oak Street to a point 28D feet east o[ the East I'rop• arty Line of Glen Oak Stteet. Be It Ordained by the Ctty Ccnncil of the City of Dubuque: 5ectton 1. That a Grade on Vernon Street from the East Property Line of Glen Oak Street to a point 250 Sect east of the East Property fine of Glen Dak Street, be and the same is hereby established aAd adopted as shown by a profile of acid street and grade prepared by the Clty Engineer, prrfne number 1398. Bench diark: Point of arrow an fire hydrant at the corner of Glen Oak Street and Vernon Street, Elevation 881.44. Said grade begins of the Eaet Property Lisa of Glen Oak Street which is station 0•;•00, north curb elevatton 826.SE, south curb elevatton 827.48, thence to sta- tion 0}90 north curb elevation 824.08, ip- a k ~[M iS I~ y ~' { 4 1 ~~ i t' I~,. a ; 1~ r Regular Session, April 5th, 1954 245 south curb elevation 824.76; thence to station 0}99, north curb elevation 829.07, south curb elevation 824.69, thence to station 1}60, north curb ~U vation 829.35, thence to station 1}89, south curb elevation 824.81, thence to station 2}30, north curb elevation 829.08, thence to station 2}34, south curb elevation 829.b4, thence to station 2}80, north sod south curb elevation 834.08. 5ectton 1. This ordinance shall be in full force and enecx rmmediaiely upon Its final pasage and adoption and publication as provided by law. Passed, adopted and approved April 5th 19b4. LEO N. SCHUELLER, Mayor CLARENCE P. WELU P,AY F. KOI,B RUBEN V. AUSTIN CHARLES A. KINTZINGER Councllroen Attest: J. J, Shea City Clerk Published officially to The Tele- ofaApril,e1964,newspaper this 9th day J. J. 3HEA, It Apr. 9 City Clerk Councilman Welu moved the adoption of,the ordinance, Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 28.54 An Ordinance establishing a grade on West Thirty-second Street from the west property line of Lemon Street to 1355 feet west of the west property line of Lemon Street, presented and read. Coun- cilman Welu moved that the read- ing just had be considered the first reading of the ordinance. Bea onded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol• lowing vale: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None, ORDINANCE N0. 28.54 An Ordinance Eatabliahing a Grade on Weat Thirty Second Street from the west Property Line of Lemon Street to 1355 feet West of the West Property Line of Lemon Street. Be It Ordained Dy the City Council of the Ctty of Dubugne: Section 1. That a grade on Weat Thirty Second Street from the West Property Line of Lemon Street to 1355 feet West of the West Proper- ty Line of Lemon Street, be and the same is hereby established and adopt- ed as shown by a profile of said street and grade prepared by the City En- gineer, Profile number 1912. Bench Mark: Point of arrow on Fire Hy- drant on corner of Lemon Street and West Thirty Second Street, Elevation 690.93. Said grade begins at the west property line of Lemon Street which is station 0}12, north and south curb elevation G33.27, thence to alalion 2+5C, north and south curb ele- vation 639.70, thence to station 3-{-00, north and south curb elevation 640.25, thence to station 3}50, north and south curb elevation 642.90, thence to station 8}70, north and south curb elevation 644.06, thence to station 4}50, north and south curb elevation 697.G4, thence to stationb•}-30, south curb elevation 649.12, thence to to station 7}D0, north and south curb elevation 66D.00, thence to station 7}25, north and south curb elevation 650.10, thence to atatton 7}50, north and south curb elevatton 649.98, thence to station 10}00, north and south curb elevatton 648.48, thence to etc• tion 10}5D, north and south curb elevation 648.49, thence to atatton 11}D0, north and south curb eleva- tton 849.12. thence to station 13.56, north and south curb elevation 653.80. Section 2. Thla ordinance shall be in full force and effect immediately upon lta Plnal passage and adopt[on and publication as provided by law. Passed, adopted and approved April stn, 1954. LEO N. SCHUELLER., Mayor CLAREA*CE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGb;3 Councilmen Attest. J. J Shea City Clerk Published of[cially in The Tele- ofaAprtle 19b4 newspaper this 9th day J. J. SHEA, It Apr. 9 C[ty Clerk Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Kolb, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None, ORDINANCE N0. 29.54 An Ordinance establishing a grade on Yark Street from the west property line of State Street to the west property line of South IilTl Street, presented and read, Coun- cilman Welu moved that the read- ing just had be considered the first reading of the ordinance. Sec- onded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. I~. 1 G i 3. S' t r ~ k~ 246 Regular Session, April 5th, 1954 Regular Session, April 5th, 1954 247 Councilman Welu moved that the rules be suspended requiring an ordinance to Abe read on three separate days. Seconded .by Coun• oilman Kolb. Carried by the fol• lowing vote: Yeas - Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE NO. 29.64 An Urdtance Establlahing a Grade on Yark Street frotn the \Veat Proper- ty Lfne of State Street to the East Property Line of South H111 Street. Be It Ordained by the City Council of the City of Dubuque; Section 1. That a grade on York ofrStaterStreeteto the EaspePmperty Line of South Hlll Street, be and the $ame fa hereby eatabllahed and adapt- ed as shown by a profile of said street and grade prepared by the City En- glneer, profile number 1390. Bench Mark; Point o[ arrow on Flre hydrant at corner of 1)lllan 3tteet and York Street, Elevation 823.67. Said grade begins at west property line of State Street which le etatlon 0}00 north curb elevation 813.02, south curb ele- vation 815.34, thence to station 0}2b, north curb elevation 812.b3, south curb elevation 813.89, thence to station 0}50, north curb elevation, 812.04 south curb elevation 812.93, thence to station 0}75, north and south curb elevation 811.55, thence to etatlon 1}25 north and south curb elevation 810.66, thence to etatlon 1+50, north and south curb elevation 810.36, thence to station 1}76, north and south curb elevation 810.73, thence to station 2}63, north and south curb eleva- tion 813.05, thence to etatlon 3}13, north and south curb elevation 815.67 thence to station 3}03 north and south curb elevation 820.67 thence to station 4}25, north and south curb elevation 827.92, thence to station 4}50, north and south curb elevation 830.66, thence to station 9}75, north and south curb eleva- tion 832,79, thence to station 5}38.5, which fs the east property line of South H111 Street, north and south curb elevation 837.E7 Section 2. This ordinance shall be In full force and effect tmmedlatety upon its final passage and adoption and publication as provided by law. Passed, adopted and approved April stn, 1954. LEO N. SCHUELLER, Mayor CLARENCE P, WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 9th day of April, 1954. J, J. SHEA, It Apr.9 'City Clerk Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0, 30.54 An Ordinance establishing a grade on St, Joseph Street from a point 15 feet north of the north edge of Dodge Street concrete pavement to a point 42 feet east of the west property line of South Algona Street, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ar- dinance~to be read on three sepa- rate days. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. ~' j . 4 tt I EI r [' 1 4 i,~ ~~ t' VH ~;, ~,l' lion 3}65, north and south curb elevation 837.51; thence to station 9}10, north and south curb eleva- tion 899.19; thence to station 9}40, north and south curb elevation 839.70; thence to etatlon 5}12.8, north and south curb elevation 839.33. Section 2. This ordnance shall be in full force and effect immediately upon Its Plnal passage and adoption and publication as provided by law. Passed, adopted and approved April 5th, 1959. LEO N. SCHUELLER, Mayor CLARENCE P, WELU RAY F. KOLB RUBEN V AUSTIN CHARLES A. KINTZINGER Councilmen Attest; J. J. Shea City Clerk Published officially in The Tele- graph-Herald newspaper this 9th day of April, 1959, J. J. SHEA, It Apr,9 Clty Clerk Councilman Welu moved the adoption of the ordinance, Second• ed by Councilman Kolb. Carried by the following vote; Yeas -Mayor Schueller, Caun• oilmen Austin, Kintzinger, Kolb, Welu. Nays-None. and the same is hereby establ[shed and adopted ae shown by a profile of said street and grade yDrepared by the Ctty Engineer, profile num- ber 1399. Bench Mark: Railroad spike in Utility Pole SW corner of 11th and Spruce Street, elevation 791.20. Said grade begins at the south prop- erty line of Weat 11th Street which is station 0}00, east curb eievation 791.63, west curb elevation 790.91; thence to etatlon 1}ll, east curb elevation 778.72, west curb elevation 777.90; thence to station 1}41, east curb elevation 774.80, west curb eleva- tion 773.90; thence to etatlon 2}56.65, which is end of existing curb re• turns at Jefferson Street, east curb elevation 780.20, west curb elevation 758.80. Section 2. This ordinance shall be In full force and effect immediately upon its flna] passage and adoption and publication as provided by law. Passed, adopted and approved April 5th, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen City Clerk Published officially in The Tele- graph-Herald newspaper this 9th day of April, 1954. J. J. SHEA, It Apr.9 Clty Clerk Attest: J. J, Shea Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: ORDINANCE N0. 30.54 An Ordinance Eatabiiahing a Grade on St, Joseph Street from a point 15 feet north of the north edge of Dodge Street concrete pavement to a paint 42 feet east of the Weat Property Line of South Algona Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on St. Joseph Street from a point 15 feet north of the north edge of Dodge Street concrete pavement to a point 92 feet east of the West Property Line of South Algona Street, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1401. Bench Mark: Point of arrow on fire hydrant at the corner of St. Joseph Street and South Algona Street, elevation 843.22. Sold grade begins at a paint 15 feet north of the north edge of Dodge 3tteet con- crete pavement, which la station 0}09.1, east and west curb elevation 815.48; thence to etatlon o}50, oast and west curb elevation 817.39; thence to station 1}00, east curb elevation 819.01, west curb elevation 819.79; thence to etatlon 1}Ob, east curb elevation 819.17; thence to station 1}50, west curb elevation 823.70; thence to atatton 1}55, east curb elevation 821.08; thence to atatton 2}05, north and south curb eleva- tion 826.00; thence to atatton 2}45, north and south curb elevation 829.76; thence to station 2}85, north and south curb elevation 832.93; thence to station 3}26, north and south curb elevation 836,47; thence to ata- .ir%= _ -. ORDINANCE N0. 3154 An Ordinance establishing a grade on Spruce Street from the south property line of West 11th Street to the north property line of Jefferson Street, presented and read, Councilman Welu moved that the reading just had be consid- ered the first reading of the ordi- nance. Seconded Eby Councilman Kalb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Rintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an or- dinance to be read on -three sepa- rate days. Seconded by Councilman Kolb. Carried 'by the following vote: Yeas -Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, Welu. Nays-None, ORDINANCE NO. 31.54 An Ordinance Establishing a Grade on Spruce Street from the South Property Line of Weat 11th Street to the North Property Line of Jef- ferson Street. Be It Ordained by the City Council of the City oP Dubuque: Section 1. That a grade on Spruce Street from the South Property Line of West 11th Street to the North Property Lina of Jefferson Street, be GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid ~by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 1 of Subdivision trf Lot 2 of Lot I of "Smith's Southern Avenue Place" in the City of Du• buque, Iowa according to the re- corded plat thereof hereby grants and conveys to said City of Du- buque, aperpetual right of ease merit, in, over and across said Lot 1 of Subdivision of Lot 2 of Lot I for the purpose of constructing and maintaining a sewer, with the right to go upon said premises at all rea• sonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall re• place whatever earth, and or shrub- bery that may be disturbed in the installation or repair of said sewer w P" 248 Regular Session, April 5th, 1954 to as good condition as it was 'be- fore the same was disturbed. This grant of easement shall be binding upon the undersigned, the purchas- ers and assigns forever. Thomas S. Wright Elizabeth F. Wright Dubuque County l ~ State of Iowa J on this 18th day of March A.D., 1954 before me Ralph H. Stoeckel, a Notary Public in and for Du- buque County, Iowa, personally ap- peared Thomas S. & Elizabeth F. Wright to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that they exe- cuted the same as their voluntary act and deed. (SEAL) RALPH H. STOECKEL Notary Public in and for Dubuque County, Iowa My Commission expires July 4th, 1954. Councilman Austin moved that the Grant of Easement'be accepted and recorded with the County Re- corder. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lots 7, 8 and 10 in Rose Hill Addition in the City of Du• buque, Iowa according to the re- corded plat thereof hereby grants and conveys to said City of Du- buque, aperpetual right of ease- ment, in, over and across said Lots 7, 8 and 10 for the purpose of con- structing and maintaining a sewer, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, and or shrubbery that may be disturbed in the installation or repair of said sewer to as good con- dition as it was before the same was disturbed. This grant of ease- ment shall be binding upon the undersigned, the purchasers and assigns forever. WILLIAM F. BURRIS CHARLENE G. BURRLS Dubuque CountylSS State of Iowa 1 on this 27th day of .October A.D., 1954 before me Robert L. Oeth, a Notary Public in and for Dubuque County, Iowa, personally appeared William F. Burris and Charlene G. Burris to me known to be the ideh• tical person named in and who executed 'the foregoing instrument, and acknowledged that they exe- cuted the same as their voluntary act and deed. (SEAL) ROBERT L. OETH Notary Public in and for Dubuque County, Iowa My Commission expires July 4th, 1954. Councilman Austin moved that the Grant of Easement be accepted and recorded with the County Re- corder. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 48 of Rose Hill Addi- tion in the City of Dubuque, Iowa according to the recorded plat thereof hereby grants and conveys to said City of Dubuque, a per• petual right of easement, in, over and across said Lot 48 for the pur- pose of constructing and main- taining asewer, with the right to go upon said premises at all rea- sonable times for the purpose of inspecting and repairing the same when installed; provided, however., that said City of Dubuque shall replace whatever earth, and/or shrubbery that maybe disturbed in the installation or repair of said sewer to as good condition as it i' 3 ~' i ~ €, ~. '' ~. f~ ~: ,.,....q 9 , ., :._t ` .,.~. ~ , , ., . r Regular Session, April 5th, 1954 249 was before the same was disturbed. This grant of easement shall be binding upon the undersigned, the purchasers and assigns forever. THOMAS P, n~-i1 MILDRED C. HETN Dubuque County l SS State of Iowa J on this 26th day of October A.D., 1954 before me Lorraine 'Klumpp, a Notary Public in and fot Du• buque County, Iowa, personally appeared Thomas P. Hein and Mil• dred C. Hein, husband and wife to me known to be the identical per- son named in and who executed the foregoing instrument, and ac- knowledged that they executed the same as their voluntary act and deed. (SEAL) LORRAINE KLUMPP Notary Public in and for Dubuque County, Iowa My Commission expires July 4th, 1954. Councilman Austin moved that the Grant of Basement be accepted and recorded with the County Re~ corder. Seconded Eby Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Rolb, Welu. Nays-None. GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 1 of Lot 1 of Lot 1 of Lot 1 in "Smith's Southern Avenue Place" in the City of Dubuque, Iowa according to the recorded plat thereof hereby grants and conveys to said City of Dubuque, a perpet- ual right of easement, in, over and across said Lot 1 of Lot 1 of Lot 1 of Lot 1 for the purpose of con• strutting and maintaining a sewer, with the right to go upon said premises at all reasonable times for the purpose of inspecting and re• pairing the same when installed; provided, however, bhat said City of Dubuque shall replace whatever earth, and or shrubbery that may be disturbed in the installation or repair of said sewer to as good condition as it was before the same was disturbed. This grant of ease- ment shall be binding upon the undersigned, the purchasers and assigns forever. J. EDWARD MUELLER BETTY K. MUELLER Dubuque County ~ SS State of Iowa on this 18th day of March A,D„ 1954 before me Ralph H, Stoeckel, a Notary Public in and for Du- buque County, Iowa, personally ap- peared J. Edward Mueller and Bet- ty K. Mueller to me known to be the identical person named in and who executed the foregoing instru- ment, and acknowledged that they executed the same as their volun- tary act and deed. (SEAL) RALFH H. STOECKEL Notary Public in and for Dubuque County, Iowa My Commission expires July 4th, 1954. Councilman Austin moved that the Grant of Easement be accept- ed and recorded with the County Recorder. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 2 of Subdivision of Lot 2 of Lot 1 of "Smith's Southern Avenue Place" in the City of Du- buque, Iowa according to the re- corded plat thereof hereby grants and conveys to said City of Diu- ~buque, a perpetual right of ease- ment, in, over 9nd across said Lot 2 of Subdivision of Lot 2 of Lot 1 for the purpose of constructing and maintaining a sewer, with the right to go upon said premises at all rea- sonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall y, ', 250 Regular Session, April 5th, 1954 replace whatever earth, and or shrubbery that may be disturbed in the installation or repair of said sewer to as good condition as it was before the same was disturbed. This grant of easement shall be binding Upon the undRmsigned, the purchasers and assigns forever. CHARLES H. WILGENBUSCH ANN M. WILGENBUSCH Dubuque County State of Iowa SS on this 18th day of March A.D., 1954 before me Ralph H. Stoeckel, a Notary Public in and for Du• buque County, Iowa, personally ap- peared Charles H, and Ann M. Wil- genbusch to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that they exe- cuted the same as their voluntary act and deed. (SEAL) RALPH H.STODCKEL Notary Public in and for Dubuque County, Iowa My Commission expires July 4th, 1954. Councilman Austin moved that the Grant of Easement be accept- ed and recorded with the County Recorder. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 5, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This into advise that I have approved the following bonds and policies and desire to have your approval on same for filing, sub• jest to the approval of the City Solicitor: PERSONAL Victor J. trice, Airport Commis- sinner, Bond No. 28210-07.829.54, U. S. Fidelity and Guaranty Co. EXCAVATION Molo Oil Company and/or Line- han & Molo, Inc. and/or Molo Sand and Gravel Company, 135 West Fifth Street, Policy No, iU1PL 801389, Bituminous Casualty Corporation H. M. Steger and F. T. Steger (Steger Construction Company), 2745 Dodge Street, Policy No. XP 111697, The Fidelity and Casualty Company. SIDEWALK Robert Shireman, Merchants Mu• tual Bonding Company. Raphael H. Strub, Western Sure• ty Company. Mark Scrub, Western Surety Company. Gilbert F. Roling, Western Sure• ty Company. Joseph A. Becker (Albert Becker and Sons), General Casualty Com• pony. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kolb moved that the Bonds and Policies be placed on file subject to the approval of the City Solicitor. Seconded by Councilman Welu, Carried by the following vote: Yeas -'Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 5, iBb4 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Some time ago Mr. Cletus Allen, Street Commissioner, requested that some regulation be enacted to restrict parking on streets dur• ing bhe time they are being cleaned. In order that streets caa be flushed and swept properly, it is necessary that parking be re• stricted. Otherwise debris is left along these areas where vehicles are parked. This policy of restrict- ing parking is in effect in most cities of our size and I would rec• ommend that an ordinance be pre- pared limiting the parking on Sun• day, Tuesday and Thursday on the west side of the following streets; and on Monday, Wednesday and Friday on the east side of the same streets; also that no parking be al• lowed from 12 P.M, to 8 A.M, on t ~' i. ~; 4 t 4 ~, '~ { F r ;' '~ t ,: Regular Session, April 5th, 1954 251 Tuesday and Thursday on the fol• lowing streets: NO PARKING-12 P.M. ro 6 A.M. West Side Sunday • Tueedey • Thursday Main~Tones St, to W. 17th St. Locust-Dodge St. to W. 17th 'St. Central-3rd St, to E. 20th 6t. White-E, 4th St, to E. 20th St. Elm-E. 11th to E. 20th St. Eest Side Monday • Wednesday • Friday Main-,Tones St. to W. 17th St. Locust-Dodge St, to W. 17th St. Central-3rd St. to E, 20th 6t. White-E. 4th St. to E. 20th St. Elm-E. 11th to E. 20th St. NO PARKING-12 P.M, to 6 A.M. Tuesday . Ti~uradnr Bluff St. and all Cross Sts. Bluff St. to Railroad Tracks Jones St. to 20th St. North End District Eagle Point District DAY SWEEPER OPERATION All Streets West of Bluff from Mt. Carmel Road to Seminary St. Windsor Avenue District from E. 22nd St. North and all Cross Streets, Lincoln Avenue and all Cross Streets North off Lincoln. Respectfully submitted, I,. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved and a proper ordinance prepared. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 5, 1954 To the Honorable Mayor and City Council, Dlibuque, Iowa Gentlemen: The petition of the Key City Gas Company requesting that billings be permitted on a therm per month instead of the present cu• bic foot basis was referred to the City Manager and City Solicitor for recommendation and report, By changing this method of bill- ing which merely states the q>taA• tity of gas used in another form, the customer will receive equiva• lent value. This request is made in order that the Gas Company can adjust all of the gas burning equipment prior to the use of nat- ural gas. I recommend that the request be granted. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 32•S4 An Ordinance fixing and estab• lishing rates to be charged for the furnishing of gas far residential, commercial, industrial and other uses and purposes within the City of Dubuque, Iowa; fixing and regu• lating the method of service there- of, prescribing a penalty for via lotion thereof; repealing Ordinance No. 50.51, and all Ordinances and Resolutions in conflict herewith, presented and read. Councilman Welu moved that the reading just had been considRred the first reading of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sep- arate days, Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE No. 92'61 An Ordinance flaing and establishing rates to be charged for the fur• Wishing of gas for residential, com• mercial, industrial and other uses and Durpoaea within the City of Dubuque, Iowa; fixing and regula[• Ing the method of aervica thereof; prescribing a penalty [or violation thereof; repealing Ord!~ance No, 60-61, snd all Ordinances and Reao• lotions In conflict herewith, Be It Ordained by the City Council of the City of Dubuque, Iowa; section 1. Definitions: For the yurpoeee of this Ordinance the tol• ]owing deflnitlane shall auelr: ."' i a+o~+r~~•».a~xara~~~^R+ln~4d*P~hs~'1~6'~}~d,~ 1~~.. ~~F ! ~~ 1 252 Regular Session, April 5th, 1954 tar wn aparrment to aeflned ae a poftlon of a building conaieting of two or more rooms, equipped for llv- 1nB Pnrpoaea. (b) In buildings where five or more rooms, eaclusive of apartments ate rented, or are for rent, each five rooms or Iractlan thereof (real estate sting), exclusive of apartments, shall ba couY.ted as an apartment. (c) An "Apartment Building" is a buildtng containing two nr more tpar`ments as herein defined. (d) Therm: One "Therm" is eyual to one hundred thousand B T,U, (e) B.T.U,: One B.T,U. la the heat required to raise one pound of water one degree 'r:•hrenheit. Section ". Commencing with all meter readings on and after June 1st, 1959, the rates to be charged for gas for residential, commercial, Industrial and other uses and purposes by any person, firm or corporation supplying gaa within the Clty of Dubuque, ex- cept as herein otherwise provided, shalt be flied and determined ae tol- lowa: SCHEDULE I General Service Availability: This carte fa available for general service to all residential users of gas having neither an automatic water heater nor house heating equipment and to all commercial and industrial users of gas for general purposes, including, at their option, gas used for automatic water heating and/or apace heating. Rate: 8.E Thermo or less per meter per mcath ..............................................$1.47 S.4 Therms or less per meter per month .............. .............................. 1.01 S.S Therms or lass per meter per month .............................................. 1.7E 4.6 Thermo or less per meter per mant}t .............................................. 1.89 5.0 Therms or leas per meter per month ........................................... 1.89 Flrat 18,8 Therms per month.....,.. .341 per Therm Net Neat 22.9 Therms per month ..,,.. .287 per Therm Net Nest E8.0 Therms per month ...... .266 per Therm Net Nezt 94.8 Therms per month .... .P55 per Therm Net Nezt 58.0 Therms per month .. ,234 per Therm Net Neat 112.0 Therms per month .... .219 per Therm Net Nezt 280.0 Thermo per month .... .195 per Therm Net Nezt 280.0 Therms per month ... ,184 per Therm Net Over 840.0 Thermo per month .,.. ,143 per Therm Net Minimum monthly charge: E1.47 per meter. SCHEDULE II Combination Residential Automatic Water Heating and/or liouee Haatiny Service Availability This rate is available to all resi- dential users of gas having an auto- matic gas water heating unit and/or a gas house heating unit, regardless of other gas appliances. A11 gas to be supplied through one meter, Rate: 2.8 Therms or less per meter per month ............................................. E1.47 3.9 Therms or leas per meter per month ......................................... 1,61 3.9 Therms or less Per meter per month .............................................. 1.72 9.6 Thermo or less per meter per month ........................................... 1.84 5,0 Therms or Tess per meter per month .............................................. 1.89 First 11.2 Therms per month ...... .341 oar Tlterm net - Next 5.6 Thermo per month ......., .280 per Therm net Next 39.2 Therms per month ........ .191 per Therm net Over 56.0 Thermo per month ........ .195 per Therm net Minimum monthly charge: E1.47 per meter. Regulations: Customers desiring gas house haat- ing service shall first aecertaln !rom the person, firm or corporation supp- plying gas, it such service is avail- able at the desired location and than install only approved gaa burning ap• paratus in campliaace with the sup• plfar's safety reuuiremenU. SCHEDULE III Commercial and Industrial Automatic Water Heating and/ar Space Haatiny Service Availability: This me is available Ito all com- mercial and industrial consumers us- ing an automatic gas water heater and/or automatic space heating equip- ment supplied with gas through a separate meter, Commercial consumers shall include al] reatauraats, business houses, apartment buildings, churches and In- stltutlons. Rate: 8.201 per Therm per month net. Minimum monthly charge; $1.47 per Meter. Section S. Fuel Adjustment Clause. Rates [or gas are predicated upon the base price of materials as follows: Gas Oil .................... f.108 per gallon Propane .. .... E.073 nor gallon and on the. consumption of these ma- terials in the following quantities: 3.0 gallons of oil per M. Cu. Ft, of water cos produced. 6.1 gallons of pmpane per 1I.. iu. Ft. of propane air gas produceJ. Anv change In the cost of theca ma- terials from the base price will result In an Increase or decrease in the rate per Therm by the amount of the weighted average increase or decrease In the fuel coats per Therm: said weighted average being based nlwn the proportion of water gaa and pro- pane-sir gas produced each quarter of the year. This comm~.tation will he made at the end of each quarter haled anon the invoice cost of materials at that date and the gas production during the quarter. Any charge i^ the rate per therm of gas aatrs is to benome etPer.tive with nt] htlllnes on the first day n! the second month {ollowin^_ the end of each ruarter, All rate chan.res are '~ he crmpnted to the nearest one mill ($ nOt). P,rtore n!arinr, Into etfe~t the trans of this provision, the firm, nersan n. corno-3tlon supplying ran in the City of r)ubunue shall first disclose to the City Council sutfle!ent data to warrant such action. For the purpose of keep[ng the f.ltr Council tntonned as to the cost of ass based nn the fuel clauee o+ttlined in the Ordinance, the person, firm or rnrporation cnnpl+>lnr, gas shall file with the City Council each quar- ter of the calendar yezr comnlete cal- culatirnc on the auhtrrt, whether a rate sdiustmrnt to indicated or not. Faction a, Meter Service: No per- ann. tins nr corporation supplying;ace aha11 install env meter or meters upon a customer's premise for the purpose of measuHng gas to be supplied to Bald customer unless and until such meter has been properly eslil;'^"sd and ad,fusted within a neriod of six (G) months preceding date of tnatallatlon upon a customer's nremfae, eo that the error in registration o[ rated m?ter capacity is wlthln two per cent f2%) of accuracy. Any meter installed upon a customer's premise shall bear a la- bel clearly fndieating the date that said meter was tested and recall- brated. Regular Session, April 5th, 1954 253 No meter shall be kept In service which has not been recallbrated with- in a five year period. The Deraon, firm or corponUon eap- plying gas in the City of Dnbnr,ue shall keep on file a record of the fret of each meter, installed upon or re- tamed in service upon the cuatamer"e premise after test, which record s:utll be available for inspection by officials of the City of Dubuque. Such record as filed shall indicate the name of the manufacturer of said meter, lta aerial number, type, capacity, number aa- aigned to It by !ts owner, name and address of the customer where said meter was to aervlce prior to Bald test, and the date of last prev!ous teat, together with the percentar,'e of error above or below accuracy, as dls- closed by said teat. Meters shall be adluated to reglater wlthln plus or minus two per cent (2%) of accuracy at full load. Section 6. Whenever the aupl+ifer of gas chaff moasure gaa delivered to enstomera In cubic feet tt shall notify the Clty Council In writing of the minimum number of therms per thou- . sand cubic feet of gas the gas being supplied contains P''henever the supplier desires to in- crease or reduce the thermal nosiest of the gaa 1t shall notify the flty Council 1n writing stating Its Inten- tion, the new thermal content, a+hen the Increase or decrease w111 be made ~'. and when b1111ngs based on such in- crease or decrease will commence. Nothing contained 1n this aeetfon shall authorize the present [ranchlae holder to supply manufactured gas at less than 500 B.T.U, per cubic toot of gas or natural gas mixed with manufac• tared gas at less than 800 B.T.U. per ~ ouble foot of gas. Section 6. Prompt Payment: Cna• t s t l e pputed atmhe net rate and th re shoo be added to the total net bill Elva Der cent (bye) thereof, which amount shall + De collected from customers tvho fall to pay the net bill wlthln ten (10) days from date o[ bill. Section 7. Penalty: No person, firm or c...„-.,.lion, who shall charge or enact other or different nice and charges for any type of aervica, the oleo for which service are herein fixed and determined, or who aha11 vi- olate any of the ptovlelona hereof, shall be deemed guilty of a mlade- meanor and upon conviction thereof, shall be tined not to exceed SI00.00 i ' or imprisoned not to exceed thirty (SO) days in sail. ~,: 3eotlan S. Ordinance No. 60.61 ` adopted November 6, 1961 is hereby repealed. '~ Section S. This Ordinance shall be 1 In full force and effect immediately upon its final passage, adoption and pub]IcaUon as provided by law. Pealed, adopted and approved this 6th day of April, A.D. 1969. LEO N. SCHUELLEg, Mayor CLARENCE P. WELD RAF F. KOLB RUHEN V, AUSTIN CHARLES A. KINTZINGER Councllmea Attest: J. J. $hea, City 4Jlerk Published oiflcially In the Tele• B^aph-Hereid newspaper thla 12th day of April, 1954. J. J. RHEA, 1F; It Apr, It City Clerk Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Rolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cIlmen Austin, Kintginger, Kolb, Welu. Nays--None. April 5, 1954 To the Honorable Hayor and City Council, Dubuque, Iowa GentlemeA: The petition of William T, Con- nery and George P. and Lillian M. Hirsch requesting that Vincent Street be graded, curbed and gut- tered from the intersection of Vin- cent Street and West Locust Street southerly a distance of approxi- mately 400' was referred to the City Council to view the grounds. The decision of the City Coun• cil after viewing the grounds was that it would be impractical from the financial standpoint to improve this street because of the low value of adjacent lots. If the property owners so desire, the city will set a grade for the street and they can grade at their expense. I recommend that the de- cision of the Council be confirmed, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kolb, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 5, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The communication of Donald P. Noonan asking the Council to con- sider purchasing the property at 1590 Loral Boulevard due to cir- cumstances beyond their control, was referred to the Councli to view the grounds. The City Council upon viewing the grounds made no decision as to the purchase of this property, However, it was decided that the property was not needed for the construction of the street adjacent to Mr. Noonan's property. Mr. Noonan in the meantime has submitted a letter stating the price he feels the property should be ~" Regular Session, April 5th, 1954 worth. This is merely presented for your information. Respectfully submitted, L, J. SCHII.TZ, City Manager Councilman Austin moved .that the communication of City Manag- er Schiltz be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 5, 1959 To the Honorable Mayor aad City Council, Dubuque, Iowa Gentlemen: The petition of Mr. and Mrs. Joe Bauer and others requesting that water and sewer be put in the street at Thomas Place before it is surfaced was referred to the City Council to view the grounds. The decision of the Council up• on viewing the grounds was that at the present time because of the small number of homes on Thomas place and the extremely high cost of constructing the sewer, it would be impractical to put these services in the street and assess them against the property. Many of the assessments would be in excess of the total value of the property they would serve. It is also the opinion of the Council that some maintenance work should be completed on the street but that the property awn- ers in the 900 block dedicate Thom- as Place to the city for street pur- poses before such work is com- pleted. I recommend that the decision of the Council Abe confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor 3chueIler, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays--None. April 5, 1954 Ta the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Action was deferred on the rec• ommendation of the City Manager covering the petition of Clarence J. Kipper and others that "No Parking" signs be removed on the south side of Delhi in the 1500 block and allow fifteen minute parking until the Council views the grounds. After viewing the grounds and reviewing the recommendation of the Police Department the Council is of the opinion that parking re- strictions remain as they now are. I recommend that the deci- sion of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kurtzinger, Kolb, Welu. Nays-None. April 5, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Ed Turnquist Company, Inc., requesting permis- Sion from the City Council to erect a permanent type awning across the front of the building at 1256 Central Avenue was referred to the Building Commissioner for investigation and report. The Building Commissioner and Fire Chief investigated this re- quest and I am attaching their recommendation. The recommendation is that the petition be denied because the con- struction of this type of an awn- ing would interfere with rescue operations of fire fighting opere• tions as it would be impossible to place a ladder in front of the building and get into the windows. s-. r_._. __ _4_ _- ~, Regular Session, April 5th, 1954 255 I concur in their recommenda• tions. t 4 ht ;l ~. 3 • J'; 1 ,' ~~,; Respectfully submitted, L. J. SCHII,TZ, City Manager Councilman Kolb moved that the recommendation of City Man• ager Schiltz be approved. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 5, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; On March 17th I wrote a letter to the State Department of Health asking for a decision from them regarding the extension of our present sewer system in relation to the construction of a sewage disposal plant. I am attaching the letter of re- ply which states that permits for sewer extension will not be issued unless the city establishes a time schedule for the construction of a sewage treatment plant. Mr. P. J. Houser will attend the meeting of the City Council on April 20th to discuss this matter further. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the communication of City Manag er Schiltz be received and placed on file. Seconded 'by Councilman Kintzinger. Carried by the follow• ing vote; Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 5, 1954 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The claim of James Schroeder in the amount of $62.38 for damages to his motor vehicle received No- vember 20, 1953, when he drove into a hole in the street between Tenth and Eleventh Streets on Jackson was referred to this office for investigation and report. The matter has been referred to the Illinois Central Railroad, the owner of the railroad siding where the defect existed, and enclosed is a duplicate of Mr, Schroeder's re- lease and discharge of this claim. I recommend that the same be placed on file. Respectfully submftted, T. H. NELSON Councilman Welu moved that the recommendation of City Solici• for Nelson be approved. Seconded by Councilman Kolb, Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Rolb, Welu. Nays-None. RESOLUTION N0. lOS•54 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Anastacios E. Langanis, 31 Eighth Avenue Thomas J. Cox, 205 Locust Street Ray G. Batteram,1802 Central Ave. W. P. Beatty & F. G. O'toole, 289 Main Street Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 5th day of Apri1,1954. LEO N. SCHIIELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A, KINTZDVGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second• ed by Councilman Welu. Carded by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Koi'b, Welu. Nays-None. f 258 Regular Session, April 5th, 1954 RESOLUTION N0. 10654 Whereas, applications far Beer Perrnits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol• lowing 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 Name Addre~ Lester A. Foell, Sr., 1638 Central Avenue Ellas Mihalas, 574 East 16th Street Elmer E. Meyer, 1828 Central Ave• nue Dorance E. Cox, 2613 University Avenue Herbert Bisping, 1401 Elm Street Ray G. Batteram, 1602 Central Avenue Carl M. Herburger, 2987 Jackson Street Clifford Steffen, 1103 Iowa Street Mns. Adelo Geske, 253 West 1st Street Pete S. Sfikas, 760 East 16th Street Charles W. Krueger, 390 East 12th Street CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf and Country Club, 260 Randall Place CLASS "C" PERMIT Donald D, Schroeder, 2890 Central Avenue Tenebom's Super Market, Inc., 200 So. Locust Street Passed, adopted and approved this 5th day of April, 1954. LEO N. SCHUELf.ER Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J, J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second• ed Dy Councilman Weln. Carried by the following vote: Yeas - lgayor Schueller, Coun- cilmen Austin, Kintunger, Kolb, Welu. Nays-None. r~fnab~ai~+t~i RESOLUTION N0. 107.54 Whereas, heretofore applications 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 oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Name Address Lester A. Foell, Sr., 1638 Central Avenue Ellas Mihalas, 574 East 16th Street Elmer E. Meyer, 1828 Central Ave• nue Dorance E. Cox, 2613 University Avenue Herbert Bisping, 1401 Etm Street Ray G. Batteram, 1602 Central Avenue Carl M. Herburger, 2987 Jackson Street Clifford Steffen, 1103 Iowa Street Mrs. Adelo Geske, 253 West 1st Street Pete S. Sfikas, 760 East 16th Street Charles W. Krueger, 390 East I2th Street CLASS "B" PERMIT FOR PR{VATS CLUB Dubuque Golf and Country Club, 260 Randall Place CLASS "C" PERMIT Donald D. Schroeder, 290 Central Avenue Tenenbom's Super Market,. Inc., Z00 So. Locust Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of April, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk 1 ~, i ~' 1.:;, `~ ;: ~• ~. 1 6: f ~,r ~' kkr' I,~ Regular Session, April 5th, 1954 257 Councilman Kotb moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kotb, Welu. Nays-None. RESOLUTION N0. 108.54 Preliminary approval of pro- posed plans, specifications, plat and schedule, including valuations appearing thereon, and all other documents for the improvement of Brunswick Street with asphaltic macadam surfacing from the south property line of O'Neill Street to the south property line of Grove- land Place, estimated cost $1,756.59, presented and read, Councilman Welu moved the adoption of the resolution. Seconded by Council• man Kintzinger. Oarried by the following vote: Yeas -Mayor Schueller, Coun• oilmen Austin, Kintzinger, Kolb, Welu. Ns~ys-None. (Necessity for Improvement- RESOLUTION N0. 109.54 Whereas, proposed plans, speci- fications, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4, Each tat proposed to be as- sessed together with a valuation fixed by the council. 5. An estunate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the following improvement of Bruas• wick Street from South Property Line of O'Neill Street to South Property Line of Groveland Place with asphaltic macadam surfacing. Be It Therefore Resolved that the City Council en its awn ma tion deems it advisable and neces- saryfor the public welfare to make the herein mentioned improve- meet, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob• jections 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 mvned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, Labor A Equipment costs shall be paid out of the street im- provement fund. Bonds shall be issued and sold in anticipation of deferred paymeats of assessments when a contract has been per- formed and accepted and the pro ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk tbis 5th day of April, 1954. Approved and placed on file for final action. Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. RIlVTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed on file with the City Clerk for public inspection. Seconded. by Councilman Kintzinger. Carried by the following vote: Yeas - Mayor Schueller, Coun- oilmen Austin, Kintzinger, Kolb, Wolu. Nays-None. 6 C_ ~ l 0 258 Regular Session, April 5th, 1954 (Fixing date of hearing) RESOLUTION N0. 110.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res• olution No. 10&54 given its [5're• liminary approval on the proposed plans, specifications and placed same on file in the office of the City Clerk for public inspection, for the following improvement of Brunswick Street from South Prop• arty Line of O'Neill Street to South Property Line of Groveland Place with asphaltic macadam sur• facing. and, Whereas, the proposed Resolu• lion of Necessity fbr said improve- ment has been introduced and is now on file in Che City Clerk's of• fice for public inspection, Be It Therefore Resolved that on the 3rd day of May 1954, a pub- lic hearing will be Geld at 7:30 o'clock P.M. in the Council Cham• bar in the City of Dubuque at which time the owners of property subject to assessment far the pro- posed improvement may appear and make objection to the proposed plans and specifications and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount pro- posed to .be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is here- by directed to cause a notice of the time and place of such hearing to be published i published in th the last of whit than two (2) n (4) weeks prior its consideratio: arty owners at consideration i have on file wi lions to the a~ posed assessme~ been deemed t objections there ing the Council jections and e; final decision tl Passed, adopted and approved this 5th day of Apri1,1954. LEO N. SCIi1JELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN OHARLES A. KINTZINGER Councilmen Attest: J, J. SHEA, City Clerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 111.54 Preliminary approval of pro posed plans, specifications, plat and schedule, including valuations appearing thereon, and all other documents for the improvements of Gcethe Street with asphaltic macadam surfacing from the west property line of Burden Avenue to the east property line of alley west of Balke Street, estimated cost $1,357.20, presented and read, Councilman Welu moved the adop• lion of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 112.54 Whereas, proposed plans, speci• fications, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now nn fila in Regular Session, April 5th, 1954 259 following improvement of Gcethe Street from the West Property Line of Burden Avenue to East Property Line of Alley west of Balke Street with asphaltic maca- dam surfacing. r Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- easements, they shall be deemed to have waived all objections thereto. t Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- , for by the City Engineer which have been approved Eby the City Council and are now an file with the City Clerk. That the cost and expense of making said impr~ve~ ment will be assessed upon and ' against all privately owned prop~ ~~ • arty lying within assessable dis• lance provided by law and in an amount not to exceed the amount provided by law, property will be 1 ' assessed whether the same abuts thereon or is adjacent thereto ac• cording to area and in proportion to the special :benefits conferred thereby. Labor & Equipment Costs shall be paid out of Street lin- ` provement fund. Bonds shall be ~ issued and sold in anticipation of deferred payments of assessments when a contract has been per• formed and accepted and the pro- ceeds thereof used to pay the con• j ,;; tractor, as infra ordered ty Clerk i file for R .U ZINGER en k Councilman Welu moved that the resolution be approved and placed on file with the City Clerk for public inspection. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 113.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No, 111-54 given its preliminary approval on the pro- posed Flans, specifications and placed same on file in the office of the City Clerk for public inspec- tion, for the following improve meat of Gcethe Street from the West Property Line of Burden Ave• nue to East Property Line of Alley West of Balke Street with asphal• ,tic macadam surfacing. and, Whereas, the proposed Resolu• lion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of• five for public inspection, Be It Therefore Resolved that on the 3rd day of May 1954, a pub- lic hearing will be held at 7:30 o'clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement may appear and make objection ~to the proposed plans and specifications and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper 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 far its consideration and unless property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall ~~ x F; ~ ~~ t~ ,j ~6 ~'; ~. ~~,~,~ ~. ~ ; , .,tea ~ , ~ ~~, 260 Regular Session, April 5th, 1954 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 5th day of April, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car• ried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, RESOLUTION N0. 11454 Preliminary approval of pro- posed plans, specifications, plat and schedule, including valuations appearing thereon, and all other documents for the improvement of Henry Street with asphaltic macadam surfacing from east prop- erty line of Queen Street to west property line of Windsor Avenue, estimated cost $936.90, presented and read, Councilman Welu moved the adoption of the resolution. Seconded by Councilman Kint- zinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kin'tzinger, Kolb, Welu. Nays-None. (Necessity for Improveme~) RESOLUTION N0. 115•S4 Whereas, proposed plans, speci- fications, 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 show- ing among other things the follow- ing; 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such impr~ve~ went. ~~~~ 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the following improvement of Henry Street from East Property Line of Queen Street to West Property Line of Windsor Avenue with as• phaltc macadam surfacing. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file ~vith the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be can• strueted and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided ~by law and in an amount not to exceed the amount provided by law, prapprty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to bhe spe• cial benefits conferred thereby, Labor & Equipment costs shall iie paid out of the street improve- ment fund, Bonds shall be issued and sold in anticipation of deferred payments of assessments when ~a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. i "' i ~, 1 i~ '' ~, ,+ ~~ S Regular Session, April 5th, 1954 261 Approved and placed on file for final action. Approved: LEO N.SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIlVTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed on file with the City Clerk for public inspection, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 11654 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 11454 given its prelim- inary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the follow- ing improvement of Henry Street from East Property Line of Queen Street to West Property Line of Windsor Avenue with asphaltic macadam surfacing. and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice far public inspection, Be It Therefore Resolved that on the 3rd day of May, 1954, a -public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make abjection to the proposed plans sand specifications and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution 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 pub- lished in same newspaper pub- lished 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 cron- sideration of said resolution have on file with the Clerk objections to 'the amount of the proposed as- sessment, they shall have been deemed to have waived all objec• Lions thereto, at which hearing the Council will hear such objections and enter on record its final deci• sign thereon. Passed, adopted and approved this 5th day of April, 1954. LEO N.SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIIVTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, RESOLUTION N0. 117.54 Preliminary approval of pro- posed plans, specifications, plat and schedule, including valuations appearing thereon, and all other documents for the improvement of Kane Street with asphaltic maca- dam surfacing from ,the west prop- erty line of Primrose Street to the west property line of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 344, es• timated cost $5,616.53, presented and read, Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION NO. 118.54 Whereas, proposed plans, speci- fications, plat and schedule have been duly prepared and approved by the City Council of the City of ~ui N '~ h 282 Regular Session, April 5th, 1954 Dubuque and are now an file in the office of the City Clerk show- ing among other things the fol- lowing: 1. The boundaries of the dis- trict, if any, 2, The streets to be improved. 3. The width of such improve~ went. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the following improvement of Kane Street from West Property Line of Primrose Street to West Property Line of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 344 with asphaltic macadam surfacing, Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners aQ the lima of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall 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 therefor by the City Engineer which have been approved Eby 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 pro• vided by law and in an amount not to exceed the amount provided 'by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby. Labor and Equipment costs shall be paid out of the street improve~ went fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contraot has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954, Approved and placed on file for final action. Approved: LEO N. SCHUELLER Mayor CLARENCE P, WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIlVTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution Abe approved and placed on file with the City Clerk for public inspection. Seconded by Councilman Kintxinger. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 119.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 117.54 given its pre- liminary approval on the propped plans, specifications and placed same on file in the office of the City Clerk for public inspection, for the following improvement of Kane Street from West Property Line of Primrose Street to West Property Line of Lat 1 of Lot 1 of Lot 2 of Mineral Lot 344 with as- phaltic macadam surfacing and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 3rd day of May 1954, a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im• provement may appear and make objection to the proposed .plans and specifications and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro• :posed to be assessed against any lot and to the passage of the pro• posed Resolution of Necessity and ' ... .. ..,.....y...... ,~•~~~ r_ Regular Session, April 5th, 1954 283 the City Clerk be and he is here by directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor mare than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived all abjeo- lions thereto, at which hearing the Council will bear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 5th day of April, 1954. LEO N. SCHUELLER Mayor ~ CLARENCE P. WELU RAY F. KOLB { RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen ,' Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Kintzinger. Car- ried by the. following vote: Yeas - Mayor 5chueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. t RESOLUTION N0. 120.54 Preliminary approval of pro posed plans, specifications, plat and schedule, including valuations appearing thereon, and all other documents for the improvement of Karen Road with asphaltic maca- dam surfacing from the west prop- erty line of Carter Road to west end of Karen Road, estimated cost $3,859.25, presented and read. Councilman Welu waved the adop- tion of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. • (Necessity for Improvement) RESOLUTION N0. 121.54 Whereas, proposed plans, speci- fications, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file is the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any, 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to ,be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of -the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the following improvement of Karen Road from West Property Line of Carter Road to West end of Karen Road with asphaltic Macadam sur- facing. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have an file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the city Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ae• cording to area and in proportion to the special benefits conferred thereby. Labor and Equipment costs shall be paid out of the street improvement fund. Bonds shall Nays-None. i. 1 r I~ 264 Regular Session, April 5th, 1954 be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The above resolution was intro• doted, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. Approved and placed on file for final action. Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed on file with the City Clerk for public inspection. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RE5OLUTION N0. 122.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 120.54 given its preliminary approval on the pro- posed plans, specifications and placed same on file in the office of the City Clerk for public inspec- tion, for the following improve- ment of Karen Road from West Property Line of Carter Road to West end of Karen Road with as- phaltic macadam surfacing. and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 3rd day of May, 1954, a pub- lic hearing will be held at 7;30 o'clock P. M ber in the which time 1 subject to a; posed impr~ and make ~ posed plans at the same of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the pro• posed Resolution of Necessity and the City Clerk be and he is here- by directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro• posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 5th day of April, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIlVTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas - M~ayar Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 123.54 Perliminary approval of pro- posed plans, specifications, plat and schedule, including valuations appearing thereon, and all other documents for the improvement of Kevindale Street with asphaltic macadam surfacing from south property line of Lindale Street to north property line of Karen Street, estimated cost $1,336.84, presented and read. Councilman Regular Session, April 5th, 1954 265 `` (Necessity for Improvement) RE50LUTION N0. 124.54 - Whereas, proposed plans, speci• fications, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2, The streets to be improved. 3, The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. j 6. In each case the amount thereof which is estimated to be assessed against each lot, for the following improvement of Kevin- dale Street from South Property ~ Line of Lindale Street to North Property Line of Karen Street with asphaltic macadam surfacing. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the ' herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall 'be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adiacent thereto according to proportion to the spe- s conferred thereby. ripment costs shall be he street improvement shall be issued and icipation of deferred assessments when a been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954, Approved and placed on file for final action. Approved: LEO N. SCHUELLER I4layor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed cn file with the City Clerk for pub- lic inspection. Seconded by Coun- cilman Kintzinger, Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, (Fixing date of hearing) RESOLUTION N0. 125.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution Na. 123.54 given its pre- liminary approval on the proposed plans, specifications and placed same on file in the office of the City Clerk for public inspection, for the following improvement of Kevindale Street from South Prop- erty Line of Lindale Street to North Property Line of Karen Street with asphaltic macadam surfacing. and, Whereas, the proposed Resolu• lion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 3rd day of May 1954, a pub- lic hearing will be held at 7:30 o'clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the proposed plans and specifications and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the ~` 9,66 Regular Session, April 5th, 1954 amount proposed to 'be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to 'be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 5th day of April, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded. by Mayor Schueller. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 12654 Preliminary approval of pro- posed plans, specifications, plat and schedule, including valuations appearing thereon, and all other documents far the improvement of Levi Street with asphaltic maca- dam surfacing from east property line of English Lane to west prop- erty line of Lorimer Street, esti- mated cost $3,261.52, presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, (Necessity for Improvement) RESOLUTION N0. 127.54 Whereas, proposed plans, speci- fications, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1 The boundaries of the dis- trict, if any. 2. The streets to be improved, 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council, 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the following improvement of Levi Street from East Property Line of English Lane to West Property Line of Lorimer Street with as- phaltic macadam surfacing. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary far the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con• structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and Equipment costs shall be paid out of street improvement fund. Bonds shall be issued and Regular Session, April 5th, 1954 267 , sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro~ duced, approved and ordered placed on file with the. City Clerk ~ this 5th day of April, 1954. Approved and placed an file for final action. Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIN ' CHARLES A. KYNTZINGER ~ Councilmen Attest: J, J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed on file with the City Clerk for public inspection, Seconded by Councilman Kolb. Carried by the fallowing vote; Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. > Nays-None, (Fixing date of hearing) RESOLUTION NO. 128.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 126-54 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 following improvement of Levi Street from East Property Line of ', English Lane to West Property Line of Lorimer Street with as- phaltic macadam surfacing. and, Whereas, the proposed Resolu- tion of Necessity for said improve- . ment has been introduced and is ~f now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on !~ the 3rd day of May 1954, a public hearing will be held at 7:30 o'clock P.M, in the Council Chamber in the City of Dubuque at which time the owners of property subject to ~~* assessment for the proposed im• provement may appear and make abjection to the proposed plans and -~ specifications and proposed form of contract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have an 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 5th day of April, 1954. LEO N, SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIIVTZINGER Councilmen Attest: J. J, SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 129.54 Preliminary approval of pro- posed plans, specifications, plat and schedule, including valuations appearing thereon, and all other documents for the improvement of Mineral Street with asphaltic macadam surfacing from west property line of Gilliam Street to 375 feet west, estimated cost $1,526.85, presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. 268 Regular Session, April 5th, 1954 (Necessify for Improvement) RESOLUTION N0. 130.54 Whereas, proposed plans, speci- fications, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in tl:e office cf the City Clerk show- ing among other things the fol- ]awing: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An esiimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the following improvement of Mineral Street from West Property Line of Gilliam Street to 375' west with asphaltic macadam surfacing. Be It Therefore Resolved that the City Council on its awn motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount cf the proposed as• sessmens, 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 against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abr`- "°--°- or is adjacent thereto area and in ps~oportion cial benefits conferred bar and Equipment ca paid out of the street iY fund. Bonds shall be ll 4 C ' . Y'~4'.'a"A9 MaF"YrF.'L~~R~TSF'~~ ; ~ .-~ ~ A - ~..~ .N~. '.Y sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954, Approved and placed on file for final action. Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KBVTZIlVGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed on file with the City Clerk for pub• lit inspection. Seconded by Coun- cilman Kintzinger. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 131.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 129.54 given its pre- liminary approval on the proposed plans, specifications and placed same on file in the office of the City Clerk for public inspection, for the following improvement of Mineral Street from West Prop- erty Line of Gilliam St. to 375' west with asphaltic macadam surfacing. and, Whereas, the proposed Resolu- tion of Necessity far said improve- ment has been introduced and is now on file in the City Clerk's of- fice far public inspection, Be It Therefore Resolved that on the 3rd day of play 1954, a public hearing will be held at 7:30 dnlnnU PM ;,, +Ho rnnnnu rH~m_ a -p~ k 4 ~r ~' Y V' r ~' s Regular Session, April 5th, 1954 269 at the same time to the boundaries of the proposed district, do the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper 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 prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the. pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon, Passed, adopted and approved this 5th day of April, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. RINTZINGER Councilmen Attest: J, J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Kintzinger. Car- ried by the following vote; Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-Nacre. RESOLUTION N0. 132.54 Preliminary approval of pro- posed plans, specifications, plat and schedule, including valuations ap- pearing thereon, and all other doc- uments flor the improvement of Poplar Street with asphaltic maca- dam surfacing from southwest property line of Asbury Street to the northeast property line of Fin- ley Street, estimated cost $1,523.74, presented and read. Councilman Welu moved the adoption of the resolution. Seconded by Council- . Carried by the fol- ~or Schueller, Coun• Kintzinger, Kolb, (Necessify for Improvement) RESOLUTION N0. 133.54 Whereas, proposed plans, speci- fications, 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 show- ing among other things the follow- ing: 1, The boundaries of the dis• trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4, Each lot proposed to be as• sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, 6. In each case the amount thereof which is estimated to ~be assessed against each lot, for the following improvement of Poplar Street from Southwest Property Iane of Asbury Street to Northeast Property Line of Finley Street with asphaltic macadam surfacing. Be It Therefore Resolved that the City Council on its awn motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared therefor 'by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and Equipment costs shall be paid out of the street improve~ went fund. Bonds shall be issued 270 Regular Session, April 5th, 1954 and sold in anticipation of de• ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. Approved and placed on file for final action. Approved: LDO N, SCHUELLER Mayor GLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIlVTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed on file with the City Clerk for pub- lic inspection. Seconded by Coun• Gilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 13454 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 13254 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for pub- lic 'inspection, for the following improvement of Poplar Street from Southwest Property Line of As- bury Street to Northeast Property Line of Finley Street with asphal- tic macadam surfacing. and, Whereas, the proposed Resolu• lion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 3rd day of May 1954, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to as- sessmentfor the proposed improve- ment may appear and make obje~~ lion to the proposed plans and specifications and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolu- tion 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 pub- lished in some newspaper pub- lished in the City of Dubuque, the lash of which shall be not less than two (2) nor mare bhan four (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived all obje~~ Lions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 5th day of April, 1954. LEO N,SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION NO. 135.54 Preliminary approval of pro posed plans, specifications, plat and schedule, including valuations ap- pearing thereon, and all other documents for the improvement of St. Joseph Street with asphaltic macadam surfacing from east prop- erty line of Algona Street to west property line of Gandolfo Street, estimated cost $1,251.73, presented and read. Councilman Welu moved the adoption of the resolution. Seconded by Councilman Kintzing• er. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ._ _. _. ___ - -,ter- ~ _ _.._.~,_ p,•F~~~,~~,.. .> ~#~ ~~ 4' t Regular Session, April 5th, 1954 271 (Necessity for Improvement) RESOLUTION N0. 136.54 Whereas, proposed plans, speci• fications, 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 show- ing among other things the follow- ing: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate o'f the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the following improvement of St. Jo- seph Street from East Property Line of Algona Street to West Property Line of Gandolfo Street with asphaltic macadam surfacing. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City 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 in an amount oat to exceed the amount provided by law, property will Abe assessed whether the same abuts thereon or is adjacent thereto ac- rnrding to area and in proportion to the special benefits conferred thereby. Labcr and Equipment cost shall 'be paid out of street im- provement funds. Bonds shall be issued and sold in enticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. Approved and placed an file for final action. Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN OHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed on file with the City Clerk for public inspection. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. (Fixing date of hearing) RESOLUTION N0. 137.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 135.54 given its pre• liminary approval on the proposed plans, specifications and placed same on file in the office of the City Clerk for public inspection, for the following improvement of St. Joseph Street from East Prop• erty Line of Algona Street to West Property Line of Gandolfo Street with asphaltic macadam surfacing. and, Whereas, the ,proposed Resolu• Lion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 3rd day of 'May 1954, a public hearing will be held at 7:30 o'clock P. M. in the Council Cham- ber in the City of Dubuque at which time the owners of proper- ty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and at the ~~ ?, iG ~I f r 272 Regular Session, April 5th, 1954 same time to the boundaries of the proposed district, .to the cost of the improvement, to the amount proposed to be assessed against any lot and to the gassage of the pro- posed Resolution of Necessity and the City Clerk 'be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper 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 aad unless property owners at the time of final consideration of said resolu• tion have on file with the Clerk ob• jections to the amount of the pro- posed assessment, they shall have been deegaed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jectians and enter on record its final decision thereon. Passed, adopted and approved this 5th day of April, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUST] CHARLES A, KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 138.54 Preliminary approval of pro- posed plans, specifications, plat and schedule, including valuations appearing thereon, and all other documents for the improvement of Spruce Street with asphaltic maca- dam surfacing from the north prop- erty line of Jefferson Street to the south property line of West Eleventh Street, estimated cost $1,068.79, presented and read. Councilman Welu moved the adop• tion of the resolution, Seconded by Councilman Kintzinger. Carried by the following vote- Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 139.54 Whereas, proposed Plans, speci- fications, 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 show- ing among other things the fol- lowing: 1. The boundaries of the dis- trict, if any. 2. The streets to 'be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5, An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the following improvement of Spruce Street from North Property Line of Jefferson Street to South Property Line of West 11th Street with as• phaltic macadam surfacing. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have an file with the City Clerk objections to the amount of the proposed assessments, trey shall be deemed to have waived all objections there- to, Said improvement shall be con• strutted and done in accordance with the plans 'and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cast and expense of making said improvement will be accaccad noon and against all nri- Regular Session, April 5th, 1954 273 I ` 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. Labor and Equipment cost shall be paid out of street improvement funds. Bonds shall be issued and sold in antici- potion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro~ ~~ duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. Approved and placed on file for final action. I - Approved: LEO N, SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB E RUBEN V. AUSTIN ~ CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the ~ resolution be approved and placed on file with the City Clerk far public inspection. Seconded by Councilman Kintzinger. Carried by the following vote: 1 Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 140.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 139.54 given its pre- liminary approval on the proposed plans, specifications and placed j same on file in the office of the City Clerk for public inspection, for the following improvement of Spruce Street from North Property Line of Jefferson Street to South Property Line of West 11th Street with asphaltic macadam surfacing. and, t -` Whereas, the proposed Resolu• .3,~`~ tion of Necessity for said improve- went has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 3rd day of May 1954, a public hearing will be held at 7:30 o'clock P,M, in the Council Chamber in the City of Dubuque at which time the owners of property subject to as- sessmentfor the proposed improve- ment may appear and make dbjec- tion to the proposed plans and specifications and at the same time to the boundaries of the proposed district, to the cost of the improve- ment; to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution rave 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, adapted and approved this 5th day of April, 1954. LEO N.SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN CHARLES A. KIlQTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, 4Velu. Nays-None. RESOLUTION N0. 141.54 Preliminary approval of pro- po~ed plans, specifications, plat and schedule, including valuations appearing thereon, and all other - `I _, ~.I -' 274 Regular Session, April 5th, 1954 documents for the improvement of West 32nd Street with asphaltic macadam surfacing from west property of Lemon Street to east property line of Fink Street, estimated cost $5,906.23, presented and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION NO. 142.54 Whereas, proposed plans, speci- fications, 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 show- ing among other things the fol- lowing: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved, 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the following improvement of West 32nd Street from West Property Line of Lemon Street to East Prop- erty Line of Fink Street with as- phaltic macadam surfacing. Be It Therefore Resolved that the City Council an its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City 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 in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac• crording to area and in proportion to the special benefits conferred thereby. Labor and Equipment cost shall be paid out of street im• provement fund. Bonds shall be is• sued and sold in anticipation of deferred payments of assessments when a contract has been per• formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. Approved and placed on file for final action, Approved: LEO N. SCHUEI.LER Mayor CLARENCE P. WEL1'J RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KRVTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed on file with the City Clerk for public inspection. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RESOLUTION NO. 143.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 141.54 given its pre- liminary approval on the proposed plans, specifications and placed same on file in the office of the t ~~ r I 4 't i ~t ~;t (1 I? I~ ._, f~ Regular Session, April 5th, 1954 275 City Clerk for public inspection, for the fallowing improvement of West 32nd Street from West Prop• erty Line of Lemon Street to East Property Line of Fink Street with asphaltic macadam surfacing. and, Whereas, the proposed Resolu- tion of Necesity for said improve- ment has been introduced and is now on file in the City Clerk's of• Tice for public inspection, Be It Therefore Resolved that on the 3rd day of May 1954, a public hearing will be held at 7,30 o'clock P.M, in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and at the same time to the boundaries of the pro posed district, to the cost of bhe improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper 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 prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 5th day of April, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote; Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 14454 Preliminary approval of pro- posed plans, specifications, plat and schedule, including valuations appearing thereon, and all other documents far the improvement of York Street with asphaltic mac- adam surfacing from west property line of State Street to east prop- erty line of Hill Street, estimated cost $1,660.31, presented and. read. Councilman Welu moved the adop- tion of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, (Necessity for Improvement) RESOLUTION N0. 145.54 Whereas, proposed plans, speci- fications, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved, 3. The width of such improve- ment. 4. Each lot proposed to be as• sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma• terial to be used. 6, In each case the amount thereof which is estimated to Abe assessed against each lot, for the following improvement of York Street from West Property Line of State Street to the East Property Line of Hill Street with asphaltic macadam surfacing. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welaare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• '""'~Iq I ,. a 276 Regular Session, April 5th, 1954 sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis• tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby. Labor & Equipment cost shall be paid out of Street Improve- ment Funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. Approved and placed on file for final action. Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES. A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved that the resolution be approved and placed on file with the City Clerk for public inspection. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Sehueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (fixing date of hearing) RESOLUTION N0. 146.54 Whereas, the City Council of the City of Dubuque, Iowa, has Eby Res- olution No. 144.54 given its pre- ]iminary approval on the proposed ', plans, specifications and placed same on file in the office of the City Clerk for public inspection, for the following improvement of York Street from West Property Line of State Street to East Prop• erty Line of Hill Street with as- phaltic macadam surfacing. and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice far public inspection, Be It Therefore Resolved that on the 3rd day of May, 1954, a pub- lic hearing will 'be held at 7:30 o'clock P.M. in the Councll Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement may appear and make abjection to the pro- posed plans and specifications and at the same time to the boundaries of the proposed district, to the cost cf the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 5th day of April, 1954. LEO N, SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second• 9 1r" N if b 'r t } ~r i t ~' !'~ ~ Regular Session, April 5th, 1954 277 ed by Councilman Kintzinger. Car• ried by the following vote: Yeas -Mayor Sehueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. To the Honorable Mayor and Members of the City Counc-1 Dubuque, Iowa We, the undersigned property owners having purchased lots in "Brockman Subdivision" do hereby petition your Honorable Body to come to an early settlement of Lil- lian B. Kassmeyer's claim against the City of Dubuque for encroach- ment upon her real property for street purpose, In all fairness to us, we feel that having been given permits to build where there is only an official dedication of fif- teen feet for street purpose, eon- flicts with building and also traf- fic code. The early recorded deeds of Min- eral Lot 33 and Mineral Lot 34 shows description by metes and bounds. Book of Plats, page 47, shows plat of Mineral Lot 33 and Min. Lot 34 in their respective sub• divisions. This plat was not shown on or among the abstracts when lots were sold. 1, Lot 1 of Mineral Lot 33 and Lot 1 and 2 of Mineral Lot 34, con- stitute the Brockman Sub. 2. Lot No. 1 and Lot No. 2 of Mineral Lot 33 adjoin each other. 3. Lot No. 2 of Mineral Lot 33 owns mineral rights and has never been subdivided. Lot 1 does not own mineral rights. 4. Lot No. 1 of Mineral Lot No. 33 subdivided into namely Brock- man Subdivision with a dedication of fifteen feet for street purpose along the westerly border of said lot which adjoins the easterly bor- der of Lot 2 of Mineral Lot 33. The Title of Lot 2 of Mineral Lot 33 has remained unsubdivided in Mrs. Kassmeyer's family far seventy nine years and is under the Title of Lillian B. Kassmeyer at present. We therefor feel that the Du- buque City Council should nego• tiate with Lillian M. Kassmeyer to procure the necessary requisite to obtain her property, so that we and all the residents of the City of Dubuque have a legitimate offi- cial street of 40 feet width. Kindly keep this petition on file, and sincerely trust after being read with our confidence of an early settlement in the right direction, we place our signatures as fol• lows: Mr. N. J. Ervolino Mrs. N. J, Ervolino Tom Grace, Jr. Mr. David Kupferschmidt Mrs. David Kupferschmidt James W. Otto Mrs. Lillian Otto Councilman Kolb moved that bhe petition be received and filed. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas -Mayor Sehueller, Coun- cilmen Austin, Kintzinger, Kotb, Welu. Nays-None. Dubuque, Iowa April 2, 1954 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: Kindly keep on record present and past correspondence relative to my property Lot 2 of Mineral Lot 33. I, Lillian M. Kassmeyer wish to state the following facts, relative to events, chronological in order, according to officially re• corded authentic proof of same. With reference to my letter of February 3rd, 1954 with diagram of Mineral Lot 33 and to recorded deeds from Original Entry stops anyone from encroaching upon my real property Lot 2 of Min. Lot 33 without proper procedure, which the functionary management of the City of Dubuque did in the year 1950, thereby, contrary to City Charter, Ordinance, and even the very first Constitution of the State of Iowa, which was annexed in 1846, Bill of Rights, Article 1, Sec, 16. Next, I refer you to The Revised Ordinance of the City of Dubuque, year 1869, Chapter 25. No where are there any records, showing any relinquishment of a deed, dedication, jury trial or as- sessment, subdivision or declara- tion of a public street put on my real property, during my father's ownership or even preceding him that of Mrs, Margaret McKenzie, li _~~ 278 Regular Session, April 5th, 1954 Locatable Facts: 1, Lot 2 of Min. Lot 33 is bounded to the north by Mineral Lot 42. Recorded authentic rec- ords give proof that the first offi• cial ingress and egress was ac• corded Lot 2 of Min. Lot 33 in 1891 when John Frederick Chris• tian Rath subdivided his land, thereby given an easement of a wagon road way thru his property to Wilde Street, now Mt. Loretta Avenue. Recorded May 11, 1891. 2. Lot 2 of Min. Lot 33 is bounded by Min. Lot 34 to the south. M. Tschirgi, Jr., City Engi- neer, platted a correct subdivision of Lot 4 and 5 of Mineral Lot 34, City of Dubuque, Iowa, Feb. 3rd, 1891 and filed for record Feb. 7, 1891. It wasn't until June 24th, 1891 that M. Tschirgi, Jr. made a cor- rect plat of the Subdivision of Lot 2 of 4 of Min, Lot 34 and Lot l of 5 of Min. Lot 34, City of Dubuque, Ia. acknowledged by 0. G. Kringle, recorded Nov. 23rd, 1891, show- ing 48 lots with a dedication of streets and alleys to the public. Its title or. named Rose Hill Addition, This is where the official English Lane 40 ft, width started or began at Levi Street in a south easterly direction to meet Sullivan Street and Southern Ave. 3. The property between these two Mineral Lots 42 and 34 was my land Lot 2 of Min. Lot 33, which adjoins Lot i of Min. Lot 33. Lot 1 and Lot 3 of Min. Lot 34 adjoins each other. Sullivan Street borders the west line of Lot 1 of Min. Lot 34. Conclusive Proof No street, alley or lane ever ex- tended over Min. Lot 33, until the City of Dubuque in August 1950 took my real property to put a street through, without negotiating for the proper required pre-requi• sites of obtaining either a deed or dedication Condemnation was out of order due to my continued ef- forts of proper procedure. In conclusion, I refer to my let• ter of Sept. 5, 1950 asking the sum of One Thousand Five Hundred dollars $1,500.00 for my land, 7,324 sq. feet which was taken for street purpose, and which I have not been wmpensated for. There I is no official record which does not support my claim. Respectfully, Lillian M. Kassmeyer Councilman Austin moved that the petition be received and filed. Seconded by .Councilman Kolb. Carried by the following voter Yeas - Mayor Schueller, Caun• calmer Austin, Kintzinger, Kolb, Welu. Nays-None. April 2, 1954 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The letter of Mrs. Lillian Kass• meyer, dated February 5,1954, con• cerning the claimed encroachment on Lot 2 of Mineral Lot 33 in the improvement of English Lane, has been referred to this office for in• vestigation and report. English Lane, as it passes through Mineral Lot 33, is 40 feet wide. There is a 15 foot strip dedi- cated in the plat of Brockman's Subdivision on the easterly side and this leaves only a strip of ap• proximately 25 feet in width to be accounted for. Mrs. Kassmeyer claims that she owned this strip in 1950, when the street was im proved and that the City owes her for the fair value of this strip as of August, 1950. The claimant first made her claim to the City Council in Aug• ust, 1950 and it was referred to the City Solicitor September 5, 1950. On October 2, 1950 the Assistant City Solicitor recommended denial of the claim and his recommenda• lion was approved. On June 3, 1952 Mrs. Kassmeyer, through her attorneys, O'Connor, Thomas, McDermott and Wright, made demand that the City insti• lute condemnation proceedings to acquire this property. On July 7, 1952, on recommendation of the City Solicitor this demand was denied. On July 9, 1952, claimant, through the same Attorneys, insti• tuted an action in mandamus in the District Court, praying that the City be compelled by Court order to institute such condemnation proceedings, A copy of the notice and petition is attached and marked Exhibit No, 1.On February 'k 1' it r~ If ~~ I t. F Regular Session, April 5th, 1954 279 16, 1953 this action was dismissed by claimant, at plaintiff's costs. A certified copy of the dismissal is attached and marked Exhibit No. 2. The history of English Lane, as shown by Ohe City records, is this. On November 4, 1873 the City En• gineer prepared Exhibit No. 3, which is a plat of English Lane. On the plat he made the following communication to the Council: "To the Hon. Mayor and Members of the City Council Gentlemen: This plat represents a survey of English Lane from Mrs. Reads house to Southern Avenue. It fol- lows the old traveled track and is the most practicable position for a street between the two paints mentioned. W. W. Knowlton, City Engineer." On November 6, 1873 the City Council adapted the following Res• olution, which was endorsed on Exhibit No. 3: "Resolved that the City Engineer be and is hereby in• structed to place on Record in his office the plat and map of English Lane. Passed Nov. 6/73 C. G. Hor- gus, Recorder." At that time the City of Dubuque was acting under a Charter which provided: "The City council shall have power to open, widen or ex• tend any street or alley in said city, and under such regulations as may by Ordinance be prescribed, may cause a jury to be summoned, who shall apportion and assess the damages and benefits which any person may sustain by reason thereof, upon the lots or lands ad- joining, or in the immediate vicin- ity, which may be benefitted there- by; and such apportionment and as- sessment shall be returned to the City Council, and shall be collect- ed and paid into the city treasury. Notice shall be given to all persons whose property is appropriated, in writing or by publication, or they will not be bound by the proceed- ings. The damages assessed to any persons constitute a valid claim on the part of such person against the city, and may be sued for and col• lected as any other claim, The date a~t which any property shall be considered as appropriated, shall be at the time of the passage of a resolution by the City Council, ordering the laying out and estab• lishment of the street, and the jury shall be summoned to assess the damages at least within one month thereafter, and their' apportion- ment shall not be subject to be quashed by the City Council, but may be returned to the same jury for the correction of any irregu• larities or informalities." On September 4, 1895 the City Council established a grade on this street as shown in Exhibit No. 4. On March 16, 1896 the City En• gineer prepared a plat for the proposed widening of English Lane which is Exhibit No. 5. For some reason, not shown in the rea ord, this widening program was dropped, but Exhibit 5 shows where the street existed at the time as it passed the Minges house. These are the dotted lines on the plat. You will note that the plat shows a dimension of 31 feet from the front of the Minges (now Kass- meyer) house to the fence. The present hedge is 31 feet from the front of the house and in this hedge the City Engineer has found the stumps of the old fence poets. From the front of the house to the present curb line is 45,5'. The City Superintendent of streets advises that, of his own personal knowledge, the City has graded, gravelled and improved English Lane for the past twenty- five years. Although there is no formal dedication of this street or record of the City having paid for the same, I am of the opinion the same is a City street for the following reasons: 1. At the time Exhibit No. 3 was approved the Charter provid- ed, "That date at which any prop- erty shall be considered as appra priated shall be at the time of pas- sage of a resolution of the Council ordering the laying out and estab- lishment of the street." Conse- quently, the property was appra priated on November 3, 1873. I as- sume all property owners who felt themselves aggrieved were com- pensated at that time. If they were not, their claim has long been barred by the Statute of Lim• itations. G' i I 1. 280 Regular Session, April 5th, 1954 2. Mrs. Kassmeyer's claim is based on the proposition that there is no plat of record in the County Recorder's office dedicating this portion of English Lane through Mineral Lot 33 and that a street can not be acquired by adverse possession, Her position is correct on these two points, but her con- clusion that there is no dedica- tion or street is in error. Under the doctrines established in Manderscheid vs. City of Du- buque, 29 Iowa 73 and Dugan vs. Zurmeehlen, 203 Iowa 1114, a street is dedicated and accepted where there is a long user by the traveling public, coupled with the repair and maintenance by the City. In the Manderscheid case the claimant was injured when he fell through a bridge on what is now Sixth Street Extension. The City claimed then, as Mrs, Kassmeyer does now, that there was no street because the bridge had been erect• ed by private individuals, and the road passer over private property and was never platted and dedicat- ed. The Court held the City liable because it had maintained and re- paired the bridge and the public 'has used it for over ten years. The Court said: "It has been held that long use of the lands by the public as a highway is evidence of a farmer dedication. The period of continued and uninterrupted use by the public which will raise the presumption of dedication in some states corresponds with the term fixed for the limitation of real ac- tions. Such has been the ruling of this Court:' (The present linutation in Iowa is ten years.) In the instant case, Exhibit No. 5 shows the strip has been fenced off and used as a road since before 1896, to Mr. Allen's knowledge the public has been us- ing it and the City has maintained and repaired it for at least twenty five years. The claimant and her predecessors in title are therefore presumed to have dedicated the road to the public, the City is pre- sumed to have accepted it, these presumptions are conclusive and she is estopped from claiming oth- erwise. For the above reasons I recom• mend that the City's former actions in denying these claims be con• firmed and the matter closed, Respectfully submitted, T. H. Nelson Councilman Austin moved that the recommendation of City Solici• for Nelson be accepted. Seconded by Councilman Welu, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of L. L. Stoffel asking that he 'be granted permis• sion to appear before the Council meeting to propose that Transite Building Sewer Pipe be incorpo- rated in the New Plumbing Code, presented and read. Mr, L. L. Stof- fel addressed the Council request• ing that the use of Transite Build- ing Sewer Pipe be incorporated in the New Plumbing Code. Mr. Arnold Buechele, 2020 'Mar- quette Place addressed the Council asking that the City Council view the turn around on Marquette Place. Councilman Kolb moved that Mr. T. J. Hill be re-appointed as a member of the Police and Fire Pension and Retirement Boards for a term of four years. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. Councilman Kintzinger moved that Mr. E. B. Lyons be reappoint- ed as a member of the Civil Serv- ice Commission for term of six years. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. There being no further business Councilman Austin moved to ad- journ, Seconded by Councilman `~ ~1 'r1 ~t i ~~ r ~~ ,1 Regular Session, April 5th, 1954 Kintzinger. Carried by the follow• ing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None, J. J, SHEA, City Clerk Approved ...... ........................1954. Adopted _........1954. Councilmen : .................................. Attest ................................. City Clerk 281 --*,~ 282 Special Session, April 5th, 1954 board Of Health (OFFICIAL) Special Session, April 5th, 1954. Board met at 10,25 P,M. Present -Chairman Lea N. Schueller, Messrs Ruben V. Aus- tin, Charles A. Kintzinger, Ray F. Kolb, Clarence P. Welu. Absent-Dr. A. J. Entringer. Communication of Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, advising that the application of C. H. Reckord to operate a mo- bile home park at 2323 Central Avenue has been approved, pre- sented and read. Mr. Ray F. Kolb moved that the communication be received and filed. Seconded by Mr. Clarence P. Welu. Carried by the following vote: Yeas -Chairman Leo N. Schuel- ler, Messrs. Ruben V. Austin, Charles A. Kintzinger, Ray F. Kolb, Clarence P. Welu. Nays-None. Absent-Dr, A. J. Entringer. Communication of Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, advising that the application of Frank C. Wieland to operate a mobile home park at Wieland Mo- bile Home Park has been denied, presented and read. Mr. Ray F. Kolb moved that the communica- tion be received and filed. Second- ed by Mr, Clarence P. Welu, Car- ried by the following vote: Yeas~Chairman Leo N. Schuel- ler, Messrs, Ruben V. Austin, Charles A. Kintzinger, Ray F. Kolb, Clarence P. Welu. Nays-None. Absent~Dr. A. J. Entringer. Communication of Division of Public Health Engineerig, State Department of Health, Des Moines, Iowa, advising that the application of Ellsworth Glasson to operate a mobile home park at 1000 Rock- dale Road has been denied, pre• sented and read. Mr. Ray F. Kolb moved that the communication be received and filed. Seconded by Mr. Clarence P, Welu. Carried by the following vote: Yeas-Chairman Leo N. Schuel- ler, Messrs. Ruben V. Austin, , i~ __ . Charles A. Kintzinger, Ray F. Kolb, Clarence P. Welu. Nays-None. Absent--Dr. A. J. Entringer. There being no further business Mr. Ray F. Kolb moved that the Board of Health meeting adjourn. Seconded by Mr. Clarence P. Welu. Carried by the following vote: Yeas-Chairman Leo N. Schuel- ler, Messrs. Ruben V. Austin, Charles A. Kintzinger, Ray F. Kolb, Clarence P. Welu. Nays-None. Absent-Dr, A, J, Entringer. J. J. SHEA, Clerk, Board of Health Approved ..................................1954. Adopted ....................................1954. Members of ................................ Bd. of Health ................................ Attest .............................. Clerk, Board of Health Special Session, Apri120th, 1954 283 City Council (OFFICIAL} Special Session, Apri120th, 1954. Council met at 7:30 P;M. Present-Mayor Schueller, Coun- ' cilmen Austin, Kintzinger, Kolb, Welu, City Manager Schiltz. Meeting called by order of May- or Schueller, Mayor Schueller read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting public hearings on various curb and gutter projects and acting upon such. other busi- ness as may properly come before a regular meeting of the City Council. ' Proof of publication, certified to 1 by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im- f provement of Kane Street with con- Crete curb and gutter from Che west property line of Primrose Street to the west end of Kane Street, estimated cost $13,901.22, present- ed and read. No written objections 1 filed and no objectors present in the Council Chamber a't the time set for said public hearing. Coun• cilman Kolb moved that the proof of publication be received and filed. Seconded 'by Clouncilman y Welu, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. ~ Nays-None. (Decision of Council upon objec• tions to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 141.54 ~,t Whereas, proposed plans and specifications and form of con- tract for the improvement of Kane Street with concrete curb and ~~ gutter from the west property line of Primrose Street to the west end of Kane 'Street have been approved by the City Council of the City of Dubuque and public notice given Sa as provided by Chapter 391 of the Code of Iowa, 1950, pertairuag to public contracts and bonds, and the time and place fixed for the hear• ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 20th day of April, 1954; and Whereas, the City Council met in special session this 20th day of April, 1954, at 7:30 o'clock P.M, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract far or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have -been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, 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 t-he decision of this Council upon all objections which have been filed to the plans, specifications and form of con- tract for or cost of said improve- ment be made a matter of perma- nent record in connection with said improvement, Passed, adopted and approved this 20th day of April, 1954. LEO N. SCHUE'LLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Secrond• ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. t G 's { 1 284 Special Session, Apri] 20th, 1954 (Necessity for Improvement) RESOLUTION N0. 97.54 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now onfile in the office of the City Clerk showing among other things the following; 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Kane Street with Concrete Curb and Gutter from the West property line of Prim- rose Street to the west end of Kane Street. Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have all 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• lance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street improve- went funds. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per• formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 25th day of March, 1954. The foregoing resolution was finally passed and adopted, as proposed this 20th day of April, 1954, LEO N. SCHUELLER Mayor CLARENCE P, WELU RAY F. KOLB RUBEN V, AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution Second• ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Ordering Construction) RESOLUTION NO. 148.54 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 97-54 which was duly passed by this Council, for the fol- lowing improvement of Kane Street with concrete curb and gutter from the west property line of Primrose Street to the West end of Kane Street, be and the same are hereby ordered and. constructed by this Council upon its own motion. 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 im- provements 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 Special Session, Apri120th, 1954 285 of the street fund of the city. Pay- ment will be made to the contrac- tor out of funds realized from the sale of bonds to be issued in an- ticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construa lion of the various improvements herein provided for in the manner provided by law, the said improve- ments shall be completed on or before 90 calendar days after no- lice to proceed is issued. a Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and af- t ter its passage and adoption by the City Council. Passed, adopted and approved this 20th day April,. 1954. ~ LEO N:SCHUELLER Mayor CLARINCE P. WELU RAY F, KOLB RUBEN V, AUSTIN CHARLES A. KINTZINGER t Councilmen Attest: J. J. SHEA, City Clerk .~ Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. 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 the improvement of Pennsylvania Avenue with concrete curb and gutter from Old Corporation Lim- its to the east property line of Chaney Road, estimated cost $11,304.23, presented and read, No written objections filed and no ob- jectors present in the Council Chamber at the time set for said public hearing, Councilman Kolb moved that the proof of publica- lion be received and filed. Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition Pertaining to the Wid- ening of Pennsylvania Street. The City Management is proposing wid- ening Pennsylvania Street from a 26 foot road to a 40 foot road. In addition they are requesting ten feet on either side of the road. They state that it is the plan to have a two foot grass strip from the curb, a four foot sidewalk and an additional four feet of grass. Their present plan also includes funnelling the 40 foot roadway into the 26 foot roadway from Cherry Street to University. The property owners affected by this change all have long estab- lished, well-maintained property. The houses are kept in goad re- pair, the landscaping has been ex- pensively developed and the grounds carefully and constantly cared for. In the case of some of the properties the ten foot addi- tional right of way requested by the city management will create an untenable situation. In one case the right of way will be so close to the steps that the property own- er has to consider the expensive alteration of rearranging the house so that the kitchen and living room will be reversed. This, then, is a petition to the City Council pointing out that the twenty feet requested by the City Management (ten on each side of the road) is more than necessary for a correct development of the roadway and provision for pedes• trian travel. The plan now pro- posed will create a decided hard- ship to the property owners af- fected. Also it will create a two foot strip between curb and side- walk, which, because of the four time a day traffic of the school children, will be practically im possible to maintain. In dry weath- er it will be a strip of dust bowl and in wet weather a nice strip of mud. We therefore petition that the ten foot additional right of way requested be reduced and that the plan for the two strip between __ wui ii I I i ~! 286 Special Session, Apri120th, 1954 curb and sidewalk be revised and eliminated. Respectfully submitted, Mr, and Mrs. Jas. J. Schmidt Mr, and Mrs. Earl R. Whitney hir. and Mrs. Leo Schwendinger Mr. and Mrs. Don Deike Mary Wehrspann Edna Edwards A. L, Mutschler Mr, and Mrs. George Kline Mr, and 'Mrs. G. C. Hyatt Councilman Kintzinger moved that the petition be received and filed Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Decision of Council upon objec• Lions to plans, speciFications, from of contract and wst of im• provements). RESOLUTION N0. 149.54 Whereas, proposed plans and specifications and farm of contract for the improvement of Pennsyl- vania Avenue with concrete curb and gutter from old Corporation Limits to the East Property Line of Chaney Road have been ap- proved by the City Council of the Ciyt of Dubuque and public no- lice given as provided by Chapter 391 of the Code of Iowa, 1950, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con• tract for or cost of such improve• ments, said time being this 20th day of April, 1954; and Whereas, the City Council met in special session this 20th day of April, 1954, 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 ar 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 Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, 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 filed to the plans, specifications and form of con- tract for or cost of said improve- ment be made a matter of perma- nent record in connection with said improvement, Passed, adopted and approved this 20th day of April, 1954. LEO N, SCHUELLER Mayor CLARENCE P. WII,U RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KTNTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 101.54 Whereas, proposed plans, speci- fications,form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis• trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4, Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement. 8. in each case the amount thereof which is estimated to be assessed against each lot, far the Special Session, Apri120th, 1954 287 improvement of Pennsylvania Ave• nue with concrete curb and gutter from Old Corporation Limits to the East Property Line of Chaney Road. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resalu• lion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- . strutted and done in accordance with the plans and specifications which have been prepared 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- `, lance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts 1 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 street improve- ment funds. Bonds shall be issued ~ and sold in anticipation of deferred payment of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. y The above resolution was intro- • duced, approved and ordered placed on file with the City Clerk this 25th day of Maroh, 1954. The foregoing resolution was finally passed and adapted, as proposed by the City Council this 20th day of ~ April, 1354. LEO N. SCHUELLER Mayor CLARENCE P. WELU ;~ ~ RAY F, KOLB j ` RUBEN V. AUSTIN ~~Y CHARLES A. KINTZTNGER Councilmen Attest: J, J. SHEA, ~ y City Clerk :~ ,, .:..._--- w..__~.-_-- - Councilman Welu moved the adoption of the resolution. Second ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. ' Nays-None. (Ordering Construction) RESOLUTION N0. 150.54 Be It Resolved !by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 101.54 which was duly passed by this Council, for the following improvement of Penn- sylvania Avenue with concrete curb and gutter from old Corpo- ration Limits to the East Property Line of Chaney Road be and the same are hereby ordered and con- structed by this Council upon its awn motion. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now an file in the of- fice of the City Clerk. Be It Further Resolved that the cast and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether 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 street funds of the city. Pay went will be made to the contrac• for out of funds realized from the sale of bands to be issued in antici- pation of deferred payments of as- sessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and be is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro vided by law, the said improve- ments shall be completed on or be- fore 90 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. i i ~` 288 Special Session, Apri120th,1954 Passed, adopted and approved this 20th day April, 1954. LEO N. SCHUDLLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. 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 fol• lowing improvement by installing concrete curb and gutter on the following portions of the following named streets, to-wit: Brunswick Street from the South Property Line of Groveland Street to the South Property Line of O'Neill Street. Carter Road from the North Property Line of Asbury Street to the Couth Property Line of Kauf- mann Avenue. Edina Street from the East Prop- erty Line of Glen Oak Street to a point 250 feet East to existing Curb. Fairfax Avenue from the North Property Line of Lenox Avenue to the South Property Line of Kauf• sylvania Avenue. Goethe Street from the West Property Line of Burden Avenue to the Alley West of Balke Street. Henry Street from the East Prop- erty Line of Queen Street to the West Property Line of Windsor Avenue, Indian Ridge from the South Property Line of Grandview Ave- nue to the End of Indian Ridge. Karen Street from the West Property Line of Carter Road to a point 140 feet West of the West Property Line of Kevindale Street, Kevindale Street from the North Property Line of Karen Street to the South Property Line of Lin- dale Street. - ~. , . . ern ... 4•„ v~ra~a ~ ~,~ , ~ ~~ Levi Street from the East Prop- erty Line of English Lane to the West Property Line of Lorimer Street. MrPoland Street from the North Property Line of Lenox Avenue to the South Property Line of Penn• sylvania Avenue. Mineral Street from the West Property Line of Gilliam Street to a point 375 feet West. Nebraska Street from the North Property Line of Lenox Avenue to the East Property Line of McPa land Avenue. Park Street from the West Prop erty Line of Glen Oak Street to a point 108 feet West to existing Curb. Poplar Street from the South- west Property Line of Asbury Street to the Northeast Property Line of Finley Street. Prescott Street from the North Property Line of Hamilton Street to the North Property Line of Lot 550 of Hams Addition. (East side only.) Southern Avenue from existing curb 100' South of the South Prop- erty Line of Dunleith Street to a Point 400 feet South. (West side only.) Spruce Street from the North Property Line of Jefferson Street to the South Property Line of West Eleventh Street. St. Joseph Street from the West Property Line of South Algona Street to the East Property Line of Gandolfo Street. West ThirtySecond Street from the West Property Line of Lemon Street to the East Property Line of Fink Street. Vernon Street from the East Property Line of Glen Oak Street to a point 280 feet East. York Street from the East Prop- erty Line of South Hill Street to the West Property Line of State Street. Estimated assessed cost $70;171: 28: presented and read. Council- man Kolb moved that the proof of publication be received and filed. Seconded by Oouncilman Kintzinger. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. , Special Session, Apri120th, 1954 289 April 8, 1954 To Whom It May Concern: We, the property owners and persons who will be assessed for improvements of Karen and Kevin- . dale Streets do hermby petition the Mayor and City Council of Dubuque to delay any action on any im- ` pravements of these streets until such time as the majority of the property owners and those who will be affected by the assessment to improve these streets deem it necessary. We, the majority of the property owners concerned object to the improvements for the fol- lowing reasons: 1, We do not believe the im- provements are a necessity. ~ 2. Without gas and sewer lines, it would be impractical to surface these streets. 3. Street are used only by lrrop- ~ erty owners on these streets. 4. Both are dead-end streets. 5. This would create an added financial burden far the people who have recently been assessed ;w for improvements on Carter Road, 6, In view of the general eco- ~~ nomic recession, a postponement of these improvements would be as- surance of a less costly project in ~ the future. Frank J. Pusateri and others To The Honorable City Council: Dubuque, Iowa Due to the unhealthy dust con- dition in dry weather, and erosion in our driveways, and gutters in ~ rainy weather, we the property owners on and adjacent to Karen Street humbly petition the Honor- able City Council to proceed this year, and do not delete Karen At Street from the curb and gutter, ~ and street improvement program. Edgar F. Theisen and others. To The Honorable Mayor and Councilmen: We the undersigned owners on Levi Street petition for concrete ~~; curb and gutter and surfacing in your 1954 street program, also for Sullivan Street. Cletus Palm and others. March 25,1954 To Dubuque City Council: We, the undersigned property owners on Poplar Street, Dubuque, ' Iowa do hereby protest the paving ,~:i `? of the above named street. The street is in good traveling condi- tion and traffic does not warrant repairs at this time. Signed by Carl Launspach and others. (Decision of Council upon obiee• tions to plans, specifications, farm of contract and cost of im• provements.) RESOLUTION N0. 151.54 Whereas, proposed plans and specifications and farm of contract for the following improvement by installing concrete curb and gutter on the following portions of the following named streets, to-wit: Brunswick Street from the South Property Line of Groveland Street to the South Property Line of O'Neill Street. Carter Road from the North Property Line of Asbury Street to the South Property Line of Kauf- mann Avenue. Edina Street from the East Prop- erty Line of Glen Oak Street to a point 250 feet East to existing Curb. Fairfax Avenue from the North Property Line of Lenox Avenue to the. South Property Line of Penn- sylvania Avenue, Goethe Street from the West Property Line of Burden Avenue to the Alley West of Balke Street. Henry Street from the East Property Line of Queen Street to the West Property Line of Wind- sor Avenue. Indian Ridge from the South Property Line of Grandview Ave- nue to the End of Indian Ridge. Karen Street from the West Property Line of Carter Road to a point 140 feet West of the West Property Line of Kevindale Street. Kevindale Street from the North Property Line of Karen Street to the South Property Line of Lindale Street. Levi Stroet from the East Prop- erty Line of English Lane to the West Property Line of Lorimer Street, McPoland Street from the North Property Line of Lenox Avenue to the South Property Line of Penn- sylvania Avenue. Mineral Street from the West Property Line of Gilliam Street to a paint 375 feet West. ~~ 290 Special Session, Apri120th, 1954 Nebraska Street from the North Property Line of Lenox Avenue to the East Property Line of McPo- land Avenue. Park Street from the West Prop- erty Line of Glen Oak Street to a point 108 feet West to existing Cunb. Poplar Street from the South- west Property Line of Asbury Street to the Northeast Property Line of Finley Street. Prescott Street from the North Property Line of Hamilton Street to the North Property Line of Lot 550 of Hams Addition. (East side only) Southern Avenue from existing curb 100' South of the South Prop- erty Line of Dunleith Street to a Point 400 feet South. (West side only). 'Spruce Street from the North Property Line of Jefferson Street to the South Property Line of West Eleventh Street. St. Joseph Street from. the West Property Line of South Algona Street to the East Property Line of Gandolfo Street. West Thirty-Second Street from the West Property Line of Lemon Street to the East Property Line of Fink Street. Vernon Street from the East Property Line of Glen Oak Street to a point 280 feet East. York Street from the East Prop- erty Line of South Hill Street to the West Property Line of State Street, have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, speci- fications or contract for or cost of such improvements, said time be- ing this 20th day of April, 1954; and Whereas, the City Council met in special session this 20th day of April, 1954, 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 oppoi+tunity to be heard and all objections which have been filed have ,been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which Gave been made and filed to the plans, speci- fications, contract for or cost of said improvement herein descrfbed and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent rec. ord in connection with said im• provement. Passed, adopted and approved this 20th day of April, 1954. LEO N. SCHUFII,LER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN CHARLES A. KIIV ~'e,udGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car• ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Rolb, Welu. Nays-None. RESOLUTION N0. 93.54 Be It Resolved by the City Coun• cil of the City of Dubuque, Iowa on its own Motion: Section 1. That it is deemed ad- visable and necessary for the pub. lic welfare to make and provide street improvements under the pro- visions of Chapter 391 of the 1950 Code of Iowa, by installing con. Crete curb and gutter on the fol. lowing portions of the fallowing named streets, to wit: f3 i,~ ,# I;' ~~ 3 i' s,'} Special Session, Apri120th, 1954 291 Brunswick Street from the South Property Line of Groveland Street to the South Property Line of O'Neill Street. Carter Road from the North Property Line of Asbury Street to the South Property Line of Kauf- mann Avenue, Edina Street from the east prop- erty line of Glen Oak Street to a point 250 feet. east of existing curb, Fairfax Avenue from the North erty Line of Glen Oak Street to a point 250 feet East to existing Curb. Goethe Street from the West Property Line of Burden Avenue to the Alley West of Balke Street. Henry Street from the East Prop- erty Line of Queen Street to the West Property Line of Windsor Avenue. Indian Ridge from the South Property Line of Grandview Ave• nue to the End of Indian Ridge. Karen Street from the West Property Line of Carter Road to a Point 140 feet West of the West Property Line of Kevindale Street. Kevindale Street from the North Property Line of Karen Street to the South Property Line of Lin- dale Street. Levi Street from the East Prop- erty Line of English Lane to the West Property Line of Lorimer Street. McPoland Street from the North Property Line of Lenox Avenue to the South property Line of Penn- sylvania Avenue. Mineral Street from the West Property Line of Gilliam Street to a Point 375 feet West. Nebraska Street from the North Property Line of Lenox Avenue to the East Property Line of McPo- land Avenue. Park Street from the West Property Line of Glen Oak Street to a point 108 Feet West to exist- ing Curb. Poplar Street from the South West Property Line of Asbury Street to the North East Property Line of Finley Street. Prescott Street from the North Property Line of Hamilton Street to the North Property Line of Lot 550 of Hams Addition. (East Side Only) Southern Avenue from existing curb 100' South of the South Prop- erty Line of Dunleith Street to a Point 400 feet South, (West Side Only) Spruce Street from the North Property Line of Jefferson Street to the South Property Line of West Eleventh Street, St. Joseph Street from the West Property Line of South Algona Street to the East Property Line of Gandolfo Street. West Thirty-Second Street from the West Property Line of Leman Street to the East Property Line of Fink Street. Vernon Street from the East Property Line of Glen Oak Street to a Paint 280 feet East. York Street from the East Prop- erty Line of South Hill Street to the West Property Line of State Street. Section 2. Said improvements shall be constructed under contract and in accordance with the plans and specifications which have been prepared therefor by the City En• gineer and which together with the Plat and Schedules for such improvements, have been approved by the City Council and are now on file in the office of the City Clerk. Section 3. That the cost and ex- pense of making said improve- ments will be assessed upon and against all privately owned prop- erty lying within the assessable dis- tance provided by law and in an amount not to exceed the amount provided by law. Property will be assessed, whether the same abuts on any of said portions of said street 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 street fund. The railway portion of any such streets shall be assessed against the rail- way company. Section 4. That the City Council by this resolution gives notice of its intention to issue bonds as pro. vided by Section 396.6 of the Code of Iowa, 1954, for the purpose of providing for the payment of the assessed cost of said improvements: said bonds to be issued in antici- pation of the deferred payment of ~„ _. ~, 292 Special Session, April 20th, 1954 the assessments levied therefor, and that said bonds will be sold at public sale in the manner pro- vided Eby law, but shall not be sold for less than their par value with accrued interest from date of bonds to the time of delivery thereof. Section 5. That unless property owners at the time of final con- sideration of this resolution have an file with the City Clerk objec- tions to the amount of the proposed assessment, they shall be deemed to have waived all objections there- Co. Section 6, For purposes of Brevi- ty and reference all the foregoing improvements shall be known as "City of Dubuque 1954 Concrete Curb and Gutter Project Num- ber 1." Introduced, approved and or- dered placed on file with the City Clerk this 25th day of March, 1954. The foregoing resolution was finally passed and adopted, as pro posed, by the City Council this 20th day of April, 1954, LEO N. SCHUELLER Mayor CLARENCE P, WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Ordering Canatruction) RESOLUTION N0. 152.54 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No. 93.54 which was duly passed by this Council, for the following improvement by install- ing concrete curb and gutter on the fallowing portions of the fol- lowing named streets, to-wit: Brunswick Street from the South Property Line of Groveland Street to the South Property Line of O'Neill Street. Carter Road from the North Property Line of Asbury Street to the South Property Line of Kauf- mann Avenue. Edina Street from the East Prop• erty Line of Glen Oak Street to a point 250 feet East to existing Curb. Fairfax Avenue from the North Property Line of Lenox Avenue to the South Property Line of Penn• Sylvania Avenue. Goethe Street from the West Property Line of Burden Avenue to the Alley West of Balke Street. Henry Street from the East Property Line of Queen Street to the West Property Line of Wind- sor Avenue. Indian Ridge from the South Property Line of Grandview Ave- nue to the End of Indian Ridge. Karen Street from the West Property Line of Carter Road to a point 140 feet West of the West Property Line of Kevindale Street. Kevindale Street from the North Property Line of Karen Street to the South Property Line of Lin- dale Street. Levi Street from the East Prop- erty Line of English Lane to the West Property Line of Lorimer Street. McPoland Street from the North Property Line of Lenox Avenue to the South Property Line of Penn• sylvania Avenue. Mineral Street from the West Property Line of Gilliam Street to a point 375 feet West. Nebraska Street from the North Propert yI.ine of Lenox Avenue to the East Property Line of Mc- Poland Avenue. Park Street from the West Prop- erty Line of Glen Oak Street to a point 108 feet West to existing Curb. Poplar Street from the South- west Property Line of Asbury Street to the Northeast Property Line of Finley Street. Prescott Street from the North Property Line of Hamilton Street to the North Property Line of Lot 550 of Hams Addition. (East side Only.) Southern Avenue from existing curb 100' South of the South Prop• erty Line of Dunleith Street to a Point 400 feet South. (West side only.) Spruce Street from the North Property Line of Jefferson Street R ~' ,~ ~' Special Session, Apri120th, 1954 293 to the South Property Line of West Eleventh Street, St. Joseph Street from the West Property Line of South Algona Street to the East Property Line of South Algona Street to the East Property Line of Gandolfo Street. West Thirty-Second Street from the West Property Line of Lemon Street to the East Property Line of Fink Street. Vernon Street from the East Property Line of Glen Oak Street to a point 280 feet East. York Street from the East Prop- erty Line of South Hill Street to the West Property Line of State Street, be and the same are hereby or- dered and constructed by this Council upon its own motion. 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 im- provements 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 street fund of the city. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been complet- ed and accepted by the City Coun- cil, Be It Further Resolved that the City Clerk be and be is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on ar before 130 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 20th day April, 1954. LEO N. SCIiITELLER Mayor CLARENCE 'P. WELD RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KIIVTZINGER Councilmen Attest: J. J. SHEA, City iClerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the following improve- ment by surfacing the following portions of the following named streets with hot mix, hot laid as- phaltic concrete: Kaufmann Ave- nue from the west property line of Central Avenue to the east prop- erty line of Kane Street; West Thirteenth Street from the west property line of Central Avenue to the east property line of Main Street, presented and read. Copn- cilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Apri120, 1854 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A.M. on April 19, 1954 for the construction of hot mix•hot laid asphaltic concrete surfacing for the City of Dubuque 1954 Hot Mix-Hot Laid Asphaltic Concrete Surfacing Project No. 1. Attached is the tabulation of bids received. I recommend that the contract be awarded to the Iowa Road Build• __-__.~ I 294 Special Session, Apri120th, 1954 ing Company of Fairmont, Minne- sota, who submitted the lowest bid received, which was 21.7% un• der the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Second• ed 'by Councilman Welu. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Awarding Contraot) RESOLUTION N0. 153.54 Whereas, sealed proposals have been submitted by contractors for the following improvement by sur• facing on the following portions of the following named streets with hot mix, hot laid asphaltic con- crete, tawit: Kaufmann Avenue from the west property line of Central Ave• nue to the east property line of Kane Street. West Thirteenth 6treet from the west property line of Central Ave- nue to the east property line of Main Street pursuant to Resolu- tion No. 79-54 and notice to bid- ders published in a newspaper pub- lished in said City on March 31st, 1954 and April 1, 1954 and Whereas, said sealed proposals were opened and read on April 19th, 1954 and it has been deter- mined that the bid of Iowa Road Building Company of Fairmont, Minnesota in the amount of $33,- 857.10 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and spec- ifications; 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 Iowa Road Building Compa• ny, Fairmont, Minnesota and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. Be It Further Resolved, that up• on the signing of said contract and the approval of the contractors bond the City Treasurer is au- thorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adapted this 20th day of April, 1954. LEO N. SCHUEI,LER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J, SHEA, City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Austin. Carried by the following vote; Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Proof of publication, certified to by the publishers of notice to con- tractors of the receipt of proposals for the improvement of the follow ing portions of the following streets by surfacing the same with bituminous concrete, to-wit; Carter Road from the North Property Line of Asbury Raad to the South Property Line of Kauf• mann Avenue. Dock Street from the East Prop- erty Line of Lincoln Avenue to the West Property Line of Garfield Avenue. Dunning Street from the East Property Line of Bradley Street to the West Property Line of Grand- view Avenue. East Twenty Seventh Street from the East Property Line of Jackson Street to the West Property Line of Pinard Street. East Twenty Eighth Street from the East Property Line of Wash- ington Street to the West Side of the Chicago Great Western Rail- road Company Tracks, Edina Street from the East Prop• erty Line of Glen Oak Street to the West Property Line of Alta Vista Street. Emmett Street from the East Property Line of St, Mary's Street to the West Property Line of Bluf# Street. Fengler Street from the West Property Line of Garfield Avenue to the East Property Line of Lin- coln Avenue. ;?, s r r< i~ E b~ Special Session, Apri120th, 1954 295 Gay Street from the West Prop• erty Line of Broadway Street to the West Property Line of Musca- tine Street. Hedley Court from the South Property Line of Lowther Street to the West Property Line of Strauss Street. High Bluff Street from the North Property Line of Stafford Street to the South Property Line of Farley Street, Humboldt Street from the East Property Line of High Bluff Street to the West Property Line of Gar- field Avenue. Indian Ridge from the South Property Line of Grandview Ave- nue to the end of Indian Ridge. Nevada Street from the North Property Line Of Dodge Street to the South Property Line of West Third Street. Park Street from the West Prop• erty Line of Glen Oak Street to the Present Curb West of Glen Oak Streot. Plum Street from the South Property Line of Cleveland Ave- nue to the North Property Line of Rush Street. Putnam Street from the East Property Line' of Muscatine Street to the West Property Line of Broadway Street. Schiller Street from the East Property Line of High Bluff Street to the West Property Line of Gar• field Avenue. Sheridan Street from the North Property Line of Lowther Street to the South Property Line of Goethe Street. Shiras Avenue from the South Property Line of Lot 2.222 of Julien Addition to the North Prop- erty Line of Lot i-3 North ~ of Mineral Lot 309A. Vernon Street from the West Property Line of Alta Vista Street to the East Property Line of Glen Oak Street. West Street from the West Property Line of Finley Street to the West Property Line of Gilliam Street, Whittier Street from the West Property Line of Rhomberg Ave- nue to the East Property Line of Lincoln Avenue, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by- Councilman Austin. Carried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. Apri120, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant, to your instructions, sealed bids were received up to 10:00 A.M. an April 19, 1954 for the construction of bituminous con- crete surfacing for the City of Du- buque 1954 Bituminous Concrete Surfacing Project No. 1. Attached is the tabulation of bids received. I recommend that the contract be awarded to the Iowa Road Build- ing Company of Fairmont, Minne• sata, who submitted the lowest bid received, which was 16.3% under the Engineer's estimate. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Ralb, Welu. Nays-None. (Awarding Contrut) RESOLUTION N0. 15454 Whereas, sealed proposals have been submitted by contractors for the improvement of the following portions of the following streets by surfacing the same with bitu- minous concrete, tawit: Carter Road from the North Property Line of Asbury Road to the South Property Line of Kauf- mann Avenue. Dock Street from the East Prop• erty Line of Lincoln Avenue to the West Property Line of Garfield Avenue. Dunning Street from the East Property Line of Bradley Street to the West Property Line of Grand- view Avenue. East Twenty Seventh Street from the East Property Line of Jackson Street to the West Property Line of Pinard Street. ~w+~~rsxx~. b~~z,r ~ ~. , ~a 296 Special Session, Apri120th, 1954 East Twenty Eighth Street from the East Property Line of. Washing- ton Street to the West Side of the Chicago Great Western Railroad Company Tracks, Edina Street from the East Prop- erty Lino of Glen Oak Street to the West Property Line of Alta Vis- ta Street. Emmett Street from the East Property Line of St. Mary's Street to the West Property Line of Bluff Street. Fengler Street from the West Property Line of Garfield Avenue to the East Property Line of Lin- coln Ave. Gay Street from the West Prop- erty Line of Broadway Street to the West Property Line of Musca- tine Street. Hedley Court from the South Property Line of Lowther Street to the West Property Line of Strauss Street. High Bluff Street from the North Property Line of Stafford Street to the South Property Line of Farley St. Humboldt Street from the East Property Line of High Bluff Street to the West Property Line of Gar- field Avenue. Indian Ridge from the South Property Line of Grandview Ave- nue to the end of Indian Ridge, Nevada Street from the North Property Line of Dodge Street to the South Property Line of West Third Street. Park Street from the West Prop- erty Line of Glen Oak Street to the Present Curb West of Glen Oak Street. Plum Street frorri the South Property Line of Cleveland Avenue to the North Property Line of Rush Street. Putnam Street from the East Property Line of Muscatine Street to the West Property Line of Broadway Street. Schiller Street from the East Property Line of High Bluff Street to the West Property Line of Gar• field Avenue, Sheridan Street from the North Property Line of Lowther Street to the South Property Line of Gcethe Street. Shiras Avenue from the South Property Line of Lot 2.222 of Ju• line Addition to the North Prap- ~dl,,,~. _ _~. ._ ..__ ._ _____.... erty Lino of Lot 1-3 North 'h of Mineral Lot 309A. Vernon Street from the West Property Line of Alta Vista Street to .the East Property Line of Glen Oak Street. West Street from the West Prop- erty Line of Finley Street to the West Property Line of Gilliam Street. Whittier Street from the West Property Line of Rhomberg Ave- nue to the East Property Line of Lincoln Avenue. pursuant to Resolution No. 82-54 and notice to bidders published in a newspaper published in said City on March 31st, 1954 and April 1st, 1954, and Whereas, said sealed proposals were opened and read on April 19th, 1954, and it has been deter- mined that the bid of Iowa Road Building Company of Fairmont, Minnesota in the amount of $98,- 722.11 was the lowest bid for the furnishing of all labor add materi- als and performing the work as provided for in the plans and speci- fications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Iowa Road Building Company, Fairmont, Minnesota and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perfarm• once of said work. Be );t Further Resolved, that up• an the signing of said contract and the approval of the contractors bond the City Treasurer is author ized and instructed to return the bid deposits of the unsuccess#ul bidders. Passed and adopted this 20th day of April, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB ftUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Special Session, April 20th, 1954 297 i Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Walter May in the amount of $94.02 for dam- - ages caused by clogged sewer at 1955 Delaware Street, presented and read. Councilman Kintzinger moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Welu, Car- ried by the following vote: ~ Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Original Notice of Suit of Rose Fluetsch, Plaintiff vs. City of Du- buque, Iowa, Defendant in the amount of $9,200.00 and costs of this action for injuries received in a fall caused by defective curbing i and sidewalk at the south cross walk at Ninth and Main Streets, presented and read, Councilman Kintzinger moved that the Original Notice of Suit be referred to the City Solicitor. Seconded by Coun- cilman Kolb. Carried by the fol• lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, ' Wolu. Nays-None. Communication of County Audi- tor Meloy submitting for Council approval the petition of Frank Meehan requesting suspension of the 1952 and 1953 taxes on Lot 140 Lenox Addition, presented and read. Councilman Kolb moved that the petition be referred to the City Solicitor for investigation and re- ti port. Seconded by Councilman Welu. Carried by the following vote: '~ ~' Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, ~ Welu. Nays-None. April 17, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa ~ ~.: Gentlemen: ~~" Phis is to certify that the cost of construction of a private sewer in Levi Street from present man- " hole at the intersection of Sulli- ', "' van and Levi Streets westerly for a distance of 166 feet is $448.00, under the provisions of Ordinance No, 54.54. Joseph H. Meyer Subscribed and' sworn to before me this 17th day of April, 1954. (SEAL) Geraldine L. Jenni Notary Public Councilman Austin moved that the communication be received and made a matter of record. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Rielu. Nays-None. RESOLUTION NO. 155.54 Resolution Accepting Sanitary Sewer Construction in Levi St., from present manhole at the inter• sections of Sullivan and Levi Street Westerly for a distance of 166 feet by Joseph H. Meyer. Whereas under the provisions of Ordinance No. 5453, Joseph H. Meyer has constructed a Sanitary Sewer in Levi Street, and; Whereas the City Engineer has inspected the same and the City Manager has recommended its ac- ceptance; and, Whereas the permittee under said Ordinance has filed with the City Council a Certified Statement showing that all amounts paid out by it in connection with the Con- struction of said Sewer, including engineering fees, amount to $448,00. Now Therefore, Be It Resolved By The City Council Of The City Of Dubuque: Section 1. That said sewer is hereby accepted by the city of Du- buque and that the same be here- after apublic Sewer under the exclusive charge and control of the City of Dubuque. Section 2. That the acceptance of said Sewer by the City of Dubuque and the establishment of the same as a public sewer shall not be con- strued to relieve Joseph H, Meyer, or his Contractor, M. L. caber & Co, or his bondsman from their obligation, or the obligation of any one of them, to keep said sewer in good repair for a period of not less than two (2) years from the data of this resolution, as pro- vided in Ordinance No. 54'53, 298 Special Session, Apri120th, 1954 Section 3. That hereafter any person or persons desiring to Con- nect with said Sewer, excepting Joseph H. Meyer, shall first apply to the City Manager far permission so to do and such permission shall be granted upon condition that the applicant shall pay to the City Treasurer for the account of Jo- seph H. Meyer a Connection Charge in the amount of $1.7368 per front foot of land to be served by said connection. However, nothing in this resolution shall be construed to exact any charge for any ex- tension of said Sewer made by the City of Dubuque, or its permittees. Passed, adopted and approved this 20th day of April, 1954. LEO N. SCHIlELLER Mayor OLARENCE 'P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Andrew Fon- dell certifying the cost of the. con- struction of the 8 inch sanitary sewer extension in Shiras Street from the manhole at the entrance to Eagle Point Park northerly 3,401.5 Lin. Ft. at a cost of $5,782.55, presented and read. Councilman Welu moved that the communication be referred to the City Engineer. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of George Kaune re• questing permission to hook up with the -City Water Main on Shiras Street, presented and read. Coun• cilmen Austin moved that the pe- tition be referred to the Water Department for reconunendation and report, Seconded by Council• man Kolb. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun- ~_ .,ase„iinu.,ai ni,„i ~,i i iiii inns S'~" r+ ~w, . a ... ytipMB~kE ~ ~ ~., ~, ~. i .„,m , cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Paul R. Cremer and others requesting that the name of MclRnan Street be changed to Riv- er Ridge, presented and read. Councilman Kintzinger moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re• port. Seconded by Councilman Kolb, Caried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None: Petition of Mrs. H, E. Deitrick and others asking the City Council to investigate the drainage problem capsed from the alley flow of water over their properties at 330 and 350 Bradley Street, presented and read. Councilman Kolb moved that the petition be referred to the City Manager. Seconded Eby Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of The Military Order of the Purple Heart, Inc. requesting permission and authorization to display on the streets of the City of Dubuque the exhibit of antique and modern firearms and war equipment for a period of a few days some time during the year, presented .and read. Councilman Kolb moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE NO. 33.54 An Ordinance Establishing a Grade on Shiras Avenue from the intersection of the North Property Line of the Park Entrance .and the Center Line of Shiras Avenue to the intersection of the South Prop• erty Line of Mineral Lot 310 and the Center Line of Shiras Avenue, presented and read. Councilman Kolb moved that the reading just had be considered the first read- Special Session, 9pril 20th, 1954 299 ing of the ordinance. Seconded by Councilman Welu, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. Councilman Kalb moved that the rules be suspended requiring an or• dinance to be read on three sepa- rate days, Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. -0RDINANCE NO. 33.54 An Ordinance Eatabliahin% a Grade ir e l sect on oY the North Property Line of the Park Entrance and the Cen- ter Line oP Shiras Avenue to the Intersection oP the South Property Line of Mineral Lot 310 and the :;enter Line of Shiras Avenue. Be It Ordained by the City Council of the City of Dubuque: s e h~ Avenue from th rote section t the North Property Line of the Park En- trance and the Center Line of Shiras Avenue to the Intersection of the South Property Line oY Miner l a Lot 310 and the center line of Shiras Avenue, be and the same is hereby established and adopted as shown by ~ a profile of said street and grade prepared by the Clty Engineer . , pro- file number 1419. Bench Mark: Paint ' of Arrow on Lire hydrant at the Southeast co rner of the Park En- trance and Shiras Avenue elevation , 679,29. Said grade begins at the intersection of the North Property - E ~~ Line of the Park Entrance and the center ]Inc of Shiras Avenu e, which is station 15}20, east and west curb elevation 676 55 th . ; ence to station 5 ~~ n a 81b 9 thence to station 17}OOv east and west curb elevation 681 .14; thence to station 18}00, east and west curb elevation 683.69; thence to station 194}D0, east and west b cur elevation 686.24; thence to station 20}00 east 1 , and west curb elevation 688.79; thence to station 21}00, east and west curb elevation 691 39 th !I ~ . ; ence to station 22+00, east and west curb elevation 693 89 th ~ . ' . ; ence to station 23}00, east and west curb elevation 696 44 ' . ; thence to station 24}OQ east and went curb elevation 898.99; thence to station 25}00, east and west curb elevation i ~ ~ 701.59; thence to station 26-}04, east and weal curb elevation 704 09 ' . ; thence to station 27}D0, east and west curb elevation 746.64; thence to station 28}00, east and west curb elevation 709.19; thence to station 29}00 east , and west curb elevation 711.74; thence ~ a s elevations 714 }29; thence d t , o tation 31.}00, east and west curb elevation t { 716.84; thence to station 32}01.2 which is the intersection o[ the south 1 property line of Mineral Lot 310 and the center line of Shiras Avenue, east and west curb elevation 719.45. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved April 20th, 1954, LEO N. SCHUELLER, Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J, Shea, City Clerk Published officially in The Tele- graph-Herald newspaper this 27th dog of April, 1959, J. J. SHEA, It Apr, 27 City Clerk Councilman Kolb moved the adoption of the ordinance. Second• ed by Councilman Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 3454 An Ordinance authorizing the First National Bank of .Dubuque, Iowa to erect a curb service unit on the sidewalk on the north side of Fifth Street between Main Street and the Alley first west of Main Street, subject to the conditions and limitations herein contained, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. ORDINANCE No. 34.54 An Ordinance authorizing the First National Bank of Dubuque, Iowa to erect a curb service unit on the side- walk on the north side of Fifth Street between Main Street and the alley first west of Maln Street, sub- ject to the conditions and limita- tions herein contained. BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF DU- BUQUE: Section 1. 'Chat First National Bank of Dubuque, Iowa is hereby granted permission to erect and maintain a curb service unit on the sidewalk on the north side of Fifth Street between Main Street and the alley first west ws ~~ _. 300 Special Session, April 20th, 1954 of Main Street, subject to the follow- ing conddions and limitations a. That permittee pay to the City Treasurer a monthly permit fee of Twenty-seven Dollars ($27) payable fn advance on the first day of each month during the period when said unit shall be maintained at said lo- cation; b. That such unit shall be erected and maintained in accordance with the directions of the Clty Manager; c. That permittee shall maintain (n force a policy of liability insur- ance In ap amount and company ap- proved by the City Manager indem- nifying the City of Dubuque against any claims for damages arising out of the erection or maintenance of said unit on a public sidewalk; d. That permittee agree in writing to remove such unit and restore the sidewalk to its original condition when ordered to do so by the City Council; Section 2. That the permission granted hereunder shall not be con- strued to establish any right In per- mittee and shall be revocable at will by the City Council with or without cause. Section 3. That this ordinance shall be in full force and effect from and after its final passage, adoption and publication as provided by law. Passed, adopted and approved this 20th dap of April, 19b4. LF.O N. SCHUELLER Mayor CLARENCE P. VS'ELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA City Clerk ACCEPTANCE OF ORDINANCE N0. 34.54 First National Bank of the City oP Dubuque, Dubuque County, Iowa, having fall knowledge and under- standing of all the terms and con- dltlons of Ordinance No. 34-54 hereby accepts the same as passed and agrees to comply with all the terms and conditions thereof. Accepted this 22nd day of April, 1.954. First National Bank, Dubuque, Iowa By J. V. KEPPLFR Cashier Published officially in the Tele- graph-Herald newspaper this 27th day of April, 1959. J. J. SHEA 1t. 4-27 City Clerk Councilman Kolb moved the adoption of the ordinance. Second- ed ~by Councilman Kintzinger. Car- ried by the following voter Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 35.54 An Ordinance Amending Ordi- nance No. 339, known as the Traf• fic Code by adding new Sections thereto to be known as Sections 16.31, 16.32 and Schedules VIII and IX, restricting parking an cer- tain streets during certain periods, presented and read. Councilman Kolb moved that the reading just had be considered the first read• ing of the ordinance. Seconded by Councilman Welu, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Council- man Kintzinger. Carried by the following vote: . Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE NG. 35.54 Ati Ordinance Amending Ordinance No. 33-99, Known as the Traffic Code, by Adding New Sections Thereto to Be Known as Sections 16.31, 18.32 and Schedules VIII and IX, Restricting Parking on Certain Streets During Certain Ferlods. Be It Ordained by the City Council of [he City of Dubuque, Iowa: Section 1. That Ordinance No. H3-49, known as the Traffic Code, be and the same is hereby amended by adding a new section 18.31 thereto as follows: "Section 18.31. After signs have been erected giving notice thereof, it shall be unlawful to park any vehicle between the hours of 1 a.m. and 6 a.m. of the davs set out 1n Schedule VIII of this Ordinance on the streets or portions of streets described in said Schedule VIIi." Section 2. That Ordinance No. 33-49, known as the Traffic Code, be and the same is hereby amended by adding a new Schedule VIII thereto as follows: "SCHEDULE VIII In accordance with Section 18.31 and when signs are erected giving notice thereof, no person shall park any vehicles' between the hours oY 1 a.m. and 6 a.m. on the days and por- tions of streets set out in the follow- ing table: A. On Tuesday, Thursday or Satur- day, on the east etde of the fol- lowing portions o[ the following streets: 1. 1Viain Street from Dodge, Street to West 17th Street; 2. Locust Street From Dodge Street to West 17th Street; 3. Central Avenue from East Third Street to East 80th Street; 4. White Street from East 4th Street to East 20th Street; 5. Elm Street from East 11th Street to East 20th Street; 6. Bluff Street from Dodge Street to West 16th Street; 7. Iowa Street from bleat First Street to West 17th Street; 8. Jackson Street from East Sixth Street to East 20th Street; 9. 1Vaehington Street from East Ninth Street to East 20th Street; 10. Elm Street Prom Eaet Eleventh Street to East 20th Street, ~: Special Session, Apri120th, 1954 301 B. On Monday, Wednesday or Fri- day on the west side of the fol- lowing portions o[ the fonawing streets: 1. Main Street from Dodge Street to bleat 17th Street; 2. Locust Street from Dodge Street • to bleat 17th Street; 3. Central Avenue from East Third Street to East 20th Street; 4. White Street from Eaet Fourth Street to East 20th Street; 5. Elm Street from East Eleventh Street to East 20th Street; 6. Bluff Street from Dodge Street to West loth Street; 7. Iowa Street from bleat First Street to West 17th Street; 8. Jackson Street from East Sixth Street to East 26th Street; 9. Washington Street Pram East Ninth Street to ,East 20th Street; 10. Elm Street from East Eleventh Street to East 20th Street. C. On Tuesday or Thursday on the north aide of the following por- tiona of the following streets: 1. West First Street from Bluff i Street to Iowa Street; 2. West Second Street From Bluff Street to Iowa Street; 3. West Third Street from Bluff Street to Central Avenue; 4. Fourth Street from Bluff Street to White Street; 5. Fltth Street from Bluff Street to White Street. 6. Sixth Street from Bluff Street to Jackson Street; 7. Seventh Street from Bluff Street to Washington Street; 8. Eighth Avenue Yrom Bluff Street to Pine Street; , 9. Ninth Street from Bluff Street to Pine Street; 10. Tenth Street from Bluff Street to Washington Street; 11. Eleventh Street from Bluff Street to Pine Street; 12. Twelfth Street [ram Bluff Street to Pine Street; .t 13, 13th Street from Bluff Street to Washington Street; 19. Loras Boulevard from Bluff Street to Central Avenue; 15. East 14th Street from Central Avenue to Plne Street; lfi. Fifteenth Street from Bluff Street to Pine Street; 17. Sixteenth Street from Iowa to Pine Street; ~ 18. Sixteenth Street from bleat Lo- cust Street to Main Street; 19. Seventeenth Street from West Lo- cost Street to Pine Street; ~ 20. Eighteenth Street from Centro] Avenue to Pine Street; 21. Nineteenth Street from Central Avenue to Pine Street; 22. Twentieth Street from Central I. Avenue to Elm Street; D, On Monday ar Friday on the south side of the following por- tions of the following streets: '''- 1. West First SUeet from Bluff Street to Iowa Street; 2. West Second Street from Bluff Street to Iowa Street; 3. West Third Street from Bluff ~` Street to Central Avenue; j 4: Fourth Street from Bluff Street to White Street; 5. Fifth Street from Bluff Street to White Street; 6. Sixth Street from Bluff Street to / , Jaekaon Street; 7. Seventh Street from Bluff Street to Washington Street; R. Eighth Avenue Prom BIufP Street to Plne Street;. 9. N[nth Street from Bluff Street to Pine Street; 16. Tenth Street Prom Bluff Street to Washington Street; 1 11. Eleventh Street from Bluff Street [o Pine Street; 12. Twelfth Street from Bluff Street to Pine Street; 13. Thirteenth Street from Bluff Street to Washington Street; 14. Loras Boulevard from Bluff Street to Central Avenue; 15. East Fourteenth Street from Cen- tral Avenue to Pine SUeet; 16. Fifteenth Street Prom Bluff Street to Pine Street; 17. Sixteenth Street from Iowa Street to Pine Street; 18. Sixteenth Street from West Lo- cust Street to Main Street; 19. Seventeenth Street from West Lo- cust Street to Pine Street; 20. Eighteenth Street from .Central Avenue to Pine Street; 21. Nfneteeath Street from Central Avenue to Pine Street; 82. Twentieth Street from Central Avenue to Elm Street. Section 3. That Ordinance No. 33-49 known as the Traffic Code be and the same is hereby amended by adding a new section 16.3E thereto as follows: "15 ,32. The City Manager is here- by authorized to designate not mare than four (4) metered spaces each on Fifth Street and Ninth Street to be known as Restricted Metered Spaces. When such metered spaces have been so designated and suitable signs erected giving notice thereof, it shall be unlawful to park any vehicle in any such space for a longer period than two minutes at any one time during the hours and on the days designated by the City Manager. At all other times parking in said spaces shall he subject to the foregoing pro- visions." Passed, adopted and approved this 20th day of April, A.D., 1954. LEO N. SCHUELLER Ma^or CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER, Councilmen Attest: J. J. Shea, City Clerk. Published officlany in The Telegraph- Herald newspaper this 27th day of J. J. SHEA lt. April 27 City Clerk April, 1954. Councilman Rolb moved the adoption of the ordinance, Second- ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Rolb, Welu, Nays-None. GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 2 of Lot 2 of Klauer Place, hereby grants and conveys to said City of Dubuque, a perpetu- al right of easement, in, over and across said Lots for the purpose of constructing and maintaining a sewer, with the right to go upon I' ` I . ~'. ((~o . h° 302 Special Session, Apri120th, 1954 said premises at all reasonable times for the purpose of inspect- ing and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the instal- lation or repair of said sewer to as good condition as it was in be- fore the same was disturbed. This grant of easement shall be binding upon the undersigned, the pur- chasers and assigns forever. Harold L. Duffin Edith E. Duffin Dubuque County] SS State of Iowa 1 on this 19th day of April, A:D. 1954 before me Robert L. Oeth, a Notary Public in and for Dubuque County, Iowa, personally appeared Harold L. Duffin and Edith E. Duf• fin to me known to be the identical persons named in and who execut- ed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. (SEAL) ROBERT L. Or,rn Notary Public in and for Dubuque County, Iowa Councilman Kolb moved that the Grant of Easement be received and made a matter of record and recorded with the County Record- er. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 2 of Lot 1 of Gruber Place hereby grants and conveys to said City of Dubuque, a perpetu- al right of easement, in, over and across said Lots for the purpose of constructing and maintaining a sewer, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when in- stalled; provided, however, that said City of Dubuque shall re- place whatever earth, sad or shrub• berg that may be disturbed in the installation or repair of said sewer to as good condition as it was in before the same was disturbed, This grant of easement shall be binding upon the undersigned, the purchasers and assigns forever. Eldon E. Hantelmann Betty Hantelmann Dubuque County SS State of Iowa on this 19th day of April, A.D. 1954 before me Robert L. Oeth, a Notary Public in and for Dubuque County, Iowa, personally appeared Eldon E. Hantelmann and Betty Hantelmann to me known to be the identical persons named in and who executed the foregoing instru• ment, and acknowledged that they executed the same as their volun- tary act and deed. (SEAL) ROBERT L. OETH Notary Public in and for Dubuque County, Iowa Councilman Kolb moved that the Grant of Easement be received and made a matter of record and recorded with the County Record- er. Seconded by Councilman Aus- tin, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowl- edged, the undersigned being the owner of Lot 2 of Lot 1 of Lot 2; Lot i of Lot 1 of Lot 2; and Lot 2 of Lot 2 of Lot 1 of Klauer Place in the City of Dubuque, Iowa hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Lots for the purpose of con- structing and maintaining a sewer, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may Special Session, Apri120th, 1954 303 be disturbed in the installation or repair of said sewer to as good con- dition as it was in before the same was disturbed. This grant of easement shall be binding upon the undersigned, the purchasers and assigns forever. Ludmilla F. Klauer Dubuque County l ~ State of Iowa J on this 20th day of April, A.D. 1954 before me C. J. Lorenz, a Not- ' ary Public in and for Dubuque County, Iowa, personally appeared Ludmilla F. Klauer to me known to be the identical person named in and who executed the foregoing instrument, and acknowledge that she executed the same as her vol- untary act and deed. (SEAL) C. J. LORENZ, Notary Public in and for Dubuque County, Iowa ,~ ~!t I . yi ~ i ~~ € 1 Councilman Kolb moved that the Grant of Easement be received and made a matter of record and recorded with the County Record- er. Seconded by Councilman Aus- tin, Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 17, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of March 1954, as well as list of claims and list of payrolls for which warrants were issued for the month of March 1954. Respectfully submitted, L. J. SCHH.TZ, City Manager Councilman Kalb moved that the reports be received and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Apri120, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your ap- proval on same for filing, subject to the approval of the City Solici- tor: PERSONAL Gordon Cunningham, Golf Pro- Bunker Hill, Bond Ne. 629943, Western Surety Company. BLASTING George Saffron, Band No. 12.530• 429, American Surety Company of New York. SIDEWALK Cyril Hanten, Western Surety Co. Elmer W. Riniker, United States Fidelity & Guaranty Co. EXCAVATION George I. Beaves, Bond No. 218160.54, Western Surety Co. John Luber, Bond No. 2821412• 643.52, United States Fidelity & Guaranty Co. the fallowing vote: Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the Bonds be placed on file subject to approval of the City Solicitor. Sea onded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Apri120, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of the Dubuque Safety Council requesting that a study be made of the lighting con- dition on Dodge Street from Bryant Street to Locust Street was re• ferred to the City Manager. A survey has been made to de- termine what lighting would be necessary to have the same intensi- ty as the section from Bryant to Grandview Avenue. This survey showed that twenty-nine units were needed between Bryant Street and Locust Street. This includes two lights between Bluff Street and Lo- yp~r,.b nom.. , , at;~wr~a ; v,... _ . . 306 Special Session, Apri120th, 1954 Now, therefore, be it resolved by the city council of the city of Dubuque, Iowa: Section 1. That the owners of all property abutting on said improve- ment are hereby required to make connections from the Sewer and Water mains to the curb line of said property prior to May 1, 1954; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property, Adopted this 20th day of Aprll, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Attest: J. J. 5HEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second• ed by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 161.54 Resolution requiring abutting prop• erty owners to make sewer and water connections. Whereas, the City Council has heretofore adopted Resolution No. 71.54, being the Resolution of Ne- cessity far permanently improving City of Dubuque 1954 Bituminous Concrete; Surfacing Project No. 1. Now, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the curb line of said property prior to May 10, 1954; Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Res- olutian, then the City Manager shall proceed to have said connec• lion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adapted this 20th day of April, 1954. LEO N. SCHUN]LLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution Second- ed by Councilman Kintzinger. Car• ried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Rolb, Welu. Nays-None. RESOLUTION N0. 162.54 Preliminary approval of pro- posed plans, specifications, form of contract plat and schedule, in- cluding valuations appearing there• on, and all other documents far the installation of Boulevard Lights on Grandview Avenue from the north property line of Southern Avenue a point 35 feet north of the south property line of Lot 1 of Lot 8 of E. Ryan's Sub., presented and read. Councilman Kolb moved the adop- tion of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, Special Session, Apri120th,1954 307 (Necessity for Improvement) RESOLUTION NO. 163.54 Whereas, proposed plans, speci- fications,form of contract, plat and schedule have been duly prepared and approved by the City Council _ of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis• ,, 1, trict, if any. 2. The streets to be improved. ;~ 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement. 5. In each case the amount e thereof which is estimated to be - assessed against each lot, for the ;~ installation of Boulevard Lights on Grandview Avenue from the north property line of Southern Avenue to a point 35 feet north of the south property line of Lat 1 of Lot 8 of E. Ryans Sub. r Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, ` and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections ~ to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- . strutted and done in accordance with the plans and specifications which have been prepared there- '~ for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- went will be assessed upon and against all privately owned prop- erty lying within assessable dis- lance provided by law and in an amount not to exceed the amount provided by law, property will be ~ assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street improve• ment funds, Bonds shall be issued ,i r r 1. j~ and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- doted, approved and ordered placed on file with the City Clerk this 20th day of April, 1954. Approved and placed on file for final action. Approved: LEO N, SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES, A. KINTZWGER Councilmen Attest: J, J. SHEA, City Clerk Councilman Kolb moved that the resolution be approved and placed on file with the City Clerk for public inspection. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 164.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No, 162.54 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for in- spection, for the installation of Boulevard Lights on Grandview Avemte from the north property line of Southern Avenue to a point 35 feet north of the south property line of Lot 1 of Lot 8 of E. Ryan's Sub. and; Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 11th day of May 1954, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im• provement may appear and make objection to the proposed plans 308 Special Session, April 20th, 1954 and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and be is hereby di- rected to cause a notice of the time and place of such hearing to be published in Resolution of Neces- sity and the City Clerk be and he is hereby directed to cause a na tice 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 reso- lution 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, adapted and approved this 20th day of April, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J, J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote; Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Mr. Paul Houser, Director of Division of Engineers for the State Department of Health assisted by Mr. E. T. Rotman, Sanitation En• gineer with the water pollution control division of the U. S. Public Health Service addressed the Coun- cil on the matter of proceeding with the construction of a sewage disposal plant for the City of Du• buque. The Council was advised that the State will issue temporary permits for extra sewers to be emp- tied into the Mississippi River only when a sewage treatment plant is actually under contract. Council- man `'Velu moved that the City Council having found no other means available for the censtruc• tion of a Sewage Disposal Plant that the City of Dubuque proceed with plans far the construction of a Sewage Disposal Plant and that a schedule be worked out cover- ing the plans and the time for the construction of said Sewage Dis- posal Plant. Seconded by Council- man Kintzinger, Carried by the fol- lowing vote, Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. There being no further business Councilman Kalb moved to ad• journ, Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, ~'Velu. Nays-None. J. J. SHEA, City Clerk Approved .... ........._........ 1954. Adopted ..._ ............................ 1954. Councilmen : ................... ................................... Attest : .............................................. City Clerk , !+ ti ~~s ~, e 1 z ~" . ,'~,~; $egular Session, May 3rd, 1954 009 CITY COUNCIL (OFFICIAL) Regular Session, May 3rd, 1954. Council met at 7:30 P.M. Present-Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. City Manager Schiltz. Mayor Schueller stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Brunswick Street with asphaltic macadam surfacing from the south property line of O'Neill Street to the south proper- ty line of Groveland Place, esti- mated cost $1,756.59, presented and road. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Clarence J. Weiner and others, property owners in the vicinity of Brunswick Street from O'Neill Street to Groveland Place, requesting the City Council of the City of Dubuque, Iowa, to further investigate the question of expens- es to the property relative to the curb and guttering and also the resurfacing of the streets known as Brunswick Street between O'Neill Stree# and Groveland Place because the purpose of it is there is no place far the water to flow away from the heavy rains as there is no sewer to take care of the rain, snow, etc,, whether such be normal or abnormal, presented and read. Councilman Austin moved that the petition be referred to the City Manager to confer with the City Engineer and that corrective measures be taken. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Decision of Council upon objec• tians to plans, specifications, arvd cost of improvements.) RESOLUTION N0. 165.54 Whereas, proposed plans and specifications and form of contract for the improvement of Brunswick Street from the south property line of O'NeIlI Street to the south prop- erty line of Groveland Place with asphaltic macadam surfacing have been approved by the City Council of the City of Dubuquo and public notice given as provided by Chap• ter 39i of the Cade of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or cost of such improvements, said time being this 3rd day of May, 1954; and Whereas, the City Council met in regu]ar session this 3rd day of May, 1954 at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications ar cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, or cost of said improve- ment herein described and pro- posed to be made, be and the same are hereby overruled and such plans, specifications hereto- fore 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 or cost of said im• provement be made a matter of permanent record in connection with said improvement, ^Ifl~~~~