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1954 May Council Proceedings 308 Special Session, Apri120th, 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 he 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 no- 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 an record its final decision thereon. Passed, adapted and approved this 20th day of April, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. Kl}LB 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, Caun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Mr. Paul Hauser, 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 Welu moved that the City Council having found no other means available for the construc- tion of a Sewage Disposal Plant that the City of Dubuque proceed with plans for the construction of a Sewage Disposal Plant and that a schedule be worked out cover• ing the plans and the time far 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 Kolb moved to ad- journ. Seconded by Councilman Kintzinger, Carried by the follow• ing vote: Yeas - bIayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. J. J. SHEA, City Clerk Approved ............................. 1954. Adopted ............................ 1954. Councilmen : .................................. Attest : ......................................... City Clerk CITY COUNCIL (OFFICIAL) Regular Session, May 3rd, 1954. Council met at 7:30 P.M. Present-Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, 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 came before the meeting. Proof of publication, certified to k 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 read. Councilman Kalb 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 1 O'Neill Street to Groveland Place, requesting the City Council of the City of Dubuque, Iowa, to further investigate the question of expens- e es to the property relative to the curb and guttering and also the resurfacing of the streets known as Brunswick Street between O'Neill Street and Groveland Place T because the purpose of it is there I is no place for 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 e measures be taken. Seconded by r~ Regular Session, May 3rd, 1954 n09 Councilman Kolb. 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, and cost of improvements.) RESOLUTION N0. 165.54 Whereas, proposed plans and specifications and form of contract for the improvement of Brunswick Street frpm the south property line of O'Neill 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 Dubuque and public notice given as provided by Chap- ter 39i of the Code 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 regular 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 or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been 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 everruled 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, 310 Regular Session, May 3rd, 1954 Passed, adopted and approved this 3rd day of May, 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. Secand• ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improveme~) 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 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 cast of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Brunswick Street from south property line of O'Neill Street to the south property line of Groveland Place 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 assessments, 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 dist- ance 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 and equipment casts shall be paid out of the street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of aasessments 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. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 3rd day of May, 1954. Approved: LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CIIARLES 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. (Ordering Construction} RESOLUTION N0. 166.54 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No. 109-54 which was duly passed by this council, for the improvement of Brunswick Street with Macadam surfacing from the south property line of 4 i ,.R l ~r Regular Session, May 3rd, 1954 311 O'Neill Street to the south prop- erty line of Groveland Place be and the same is hereby ordered con- structed 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 of- fice of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levy- ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or is adjacent thereto, according to the area thereof and in propor- tion to the special benefits con• ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council, Be It Further Resolved that 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 3rd day .of May, 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 Kintzinger, Car- ried 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 necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Gaethe Street with asphaltic macadam surfacing from the west property line of Burden Avenue to the east property line of Alley west of Balke Street, esti- mated cost•$1,357.20, presented and read. No written objections filed and no objectors present in the Council Chamber at the Ume set for said public hearing. Council- man 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. (Decision of Council upon objec- tions io plans, specifications, and cost of improvements.) RESOLUTION NO. 167.54 Whereas, proposed plans and specifications for the improvement of Gaethe Street from the west property line of Burden Avenue to the east property line of Alley west of Balke Street with asphaltic macadam surfacing have been ap• proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, per- taining 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 regular 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 pro- posed plans, specifications or cost of the improvement herein de- scribed and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been 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- 312 Regular Session, May 3rd, 1954 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, Passed, adopted and approved this 3rd day of May, 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. (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 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 councll. 5. An estimate of the cast of the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvementi of Goethe Street from the west property line of Burden Avenue to the east prop- erty line of Alley west of Bailee 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 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 ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid out of the Street Improvement Funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The above resolution was intro- duced, approved and ordered,plac- ed on file with the City Clerk this 5th day of April, 1954. The fore- going resolution was finally passed and adopted, as proposed, by the City Council this 3rd day of May, 1954. Approved: LEO N.SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest; J. J. Shea City Clerk, Counciman Kolb moved the adoption of the resolution. Second- ate--- _._ ° _.__. _._..-_.. _-.., ~ .- - ~ ~~~~,~ d~~ - - - r•r°~^r°:s~Kaer~~~ ...ram ,- , . Regular Session, May 3rd, 1954 313 ed by Councilman Kintzinger. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Ordering Constructioro) ~ RESOLUTION N0. 168.54 Be It Resolved By The City Coan- cil Of The City Of Dubuque that pursuant to a resolution of neces- V" sity No, 112-54 which was duly ~ passed by this Council, for the improvement of Goethe Street with I Macadam surfacing from the west property line of Burden Avenue to the east property line of Alley '~ west of Bailee Street be and the same is hereby ordered construct: ed by this Council upon its own motion. All the work shall be con- ~ strutted 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 levy- ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether - such property abut upon the same or is adjacent thereto, according to the area thereof and in propgr- tion to the special benefits con- ; ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made out of funds realized from the sale of ~ bonds to be issued in anticipation of deferred payments of assess- .. ments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force -and effect from and after its passage and adoption by 'n the City Council. 1' Passed, adopted and approved "i this 3rd day of May, 1954. LEO N. SCIIUELLER Mayor ~~ CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Cauncilrnen 5 ~ Attest: J, J. ~ Shea ~` :~~ City Clerk •arE 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. 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 Henry Street with asphaltic macadam surfacing from. the east property line of Queen Street to the west property line of Windsor Avenue, estimated cost $936.90, 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 Welu moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Decision of Council upon obje~- jections to plans, specifications, and cost of improvements.) RESOLUTION N0. 169.54 Whereas, proposed plans and specifications for the improvement of Henry Street from the east property line of Queen Street to the west property line of Windsor Avenue with asphaltic macadam surfacing 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, specifications or cost of such improvements, said time being this 3rd day of May, 1954; and Whereas, the City Council met in regular 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 hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro• 314 Regular Session, May 3rd, 1954 posed plans, specifications or cost of the improvement herein de• scribed and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore Be it resolved by the City Coun- cil of the City of Dubuque, that all objections which have been filed to the plans, specifications or cost of said improvement herein described and proposed to be made, be and the same are here- by overruled and such plans, speci- fications heretofore approved are hereby adopted. Be it further resolved that this resolution crontaining 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, Passed, adopted and approved this 3rd day of May, 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. (Necessity for Improvement) RESOLUTION N0. 115.54 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~u~ ~i 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 Henry Street from the east property line of Queen Street to the west property line of Windsor Avenue 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 assessments, 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 dist- ance 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 bene5ts conferred thereby. Labor and equipment costs shall be paid out of the street improvement 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- tractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of April, 1954. The fore- going resolution was finally passed and adopted, as proposed, by the Regular Session, May 3rd, 1954 315 City Council this 3rd day of May, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIN 1 CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk Councilman Kolb moved the adoption of the resolution. Second- S ed by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Ordering Construction) RESOLUTION NO. 170.54 Be It Resolved By The City Coun- cil Of The City Of Dubuque that pursuant to a resolution of neces- sity No. 115.54 which was duly passed by this Council, for the improvement of Henry Street with Macadam surfacing from the east t property line of Queen Street to the west property line of Windsor Avenue be and the same is hereby ordered constructed by this Coun- ' cil upon its own motion. All the work shall be constructed in ac- cordance with the plans and spe- cifications heretofore adopted and now on file in the office of the City Clerk. ' 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 is adjacent thereto, according to the area thereof and in pro- portion to the special benefits con- ferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made out ti of funds realized from the sale of I bonds to be issued in anticipation ~ of deferred payments of assess- ments as provided by law after the work has been completed and l~ accepted by the City Council. Be It Further Resolved that this ' resolutions being deemed urgent and of immediate necessity shall be in force and effect from and i after its passage and adoption by f ~ the City Council. `:~' ~~ ,i Passed, adopted and approved this 3rd day of May, 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 Kintzinger. Car- ried 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 necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Kane Street with macadam surfacing from west property line of Primrose Street to the west property line of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 344, estimated cost $5,616,53, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Coun- 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. (Decision of Council upon objee• lions to plans, specifications, and cost of improvements.) RESOLUTION N0. 111.54 Whereas, proposed plans and specifications for the improvement of Kane Street with asphaltic mac- adam surfacing from the west property line of Primrose Street to the west property line of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 344 have been approved by the City Council of the City of Dubuque and public notice given as provid- ed by Chapter 391 of the Code of Iowa, 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 cost of such improve- ~~I r; __~ Fes, . n~~~+, ~t , . 316 Regular Session, May 3rd, 1954 meats, said time being this 3rd day of May, 1954; and Whereas, the City Council met in regular 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 or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed to the plans, spe- cifications far or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 3rd day of May, 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. (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 Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow- ing: I. 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 asphaltic macadam surfacing from the west property line of Primrose Street to the west property line of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 344. 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- 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 and equipment costs shall be paid out of the street improvement 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- tractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of April, 1954. The fore- going resolution was finally passed and adopted, as proposed by the City Council this 3rd day of May, 1954. Approved: LEO N.SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RUBEN V, AUSTIN CHARLES A. KINTZINGER Councilmen Attest; J. J. Shea. City Clerk. t ', i l~ i~a' Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following voter Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Weiu. Nays--None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement of Karen Road with asphaltic macadam sur- facing from west property line of Carter Road to west end of Karen Road, estimated cost $3,85925, pre- sented and read, Councilman 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. Councilman Kolb moved that the improvement of Karen Road with asphaltic macadam surfacing from west property line of Carter Road to west end of Karen Road be deleted from the 1954 street im- provement program. 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 of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement of Kevin- dale Street with asphaltic maca- dam surfacing from south prop- erty line of Lindale Street to north property line of Karen Street, esti- mated cost $1,336.84, presented and-read. Councilman 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. Regular Session, May 3rd, 1954 317 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. (Ordering Construction) RESOLUTION N0. 112.54 Be It Resolved By The City Of The City Of Dubuque that pursu- ant to a resolution of necessity No. 118.54 which yeas duly passed by this Council, fltir the improve- ment of Kane Street with Macad- am 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 be and the same is hereby ordered con- structed 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 far 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 is adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and labor and equipment costs shall be paid out of the street funds. Pay meet will be made out of funds realized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided bylaw after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in farce and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 3rd day of May, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. Shea City Clerk I~~ III 318 Regular Session, May 3rd, 1954 Councilman Kolb moved that the improvement of Kevindale Street with asphaltic macadam surfac- ing from south property line of Lindale Street to north property line of Karen Street be deleted from the 1954 street improvement program. 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 of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Levi Street with asphaltic macadam surfacing from east property line of English Lane to the west property line of Lorimer Street, estimated coat $3,261.52, 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 publication be received and filed. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Decision of Council upon obje~~ lions to plans, specifications, and cost of improvements.) RESOLUTION N0. 113.54 Whereas, proposed plans and specifications for the improvement of Levi Street with asphaltic mac- adam surfacing from the east property line of English Lane to the west property line of Lorimer Street have been approved by the City Council of the City of Dubu- que and public notice given as pro- vided 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 cost of such improve- ments, said time being this 3rd day of May, 1954, and Whereas, the City Council met in regular 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 or cost of the im- provement herein described and proposed to be made; and Whereas, all interested partiess 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. Passed, adopted and approved this 3rd day of May, 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. (Necessity for Improvement) RESOLUTION N0. 121.54. Whereas, proposed plans specifi- cations, 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 fol- lowing: l {~ Regular Session, May 3rd, 1954 319 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of 'such improve- ment, 4. Each lot proposed to be as- sesse.~ 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 Levi Street with asphaltic macadam surfacing from east property line of English Lane to west property line of Lorimer 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 objec- tions to the amount of the propos- ed assessments, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file 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 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 and equipment costs shall be paid out of the street improvement fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of April, 1954, The fore- going resolution was finally passed and adopted, as proposed, by the City Council, this 3rd. day of May, 1954. 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 Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, K o 1 b, Welu. Nays -None. (Ordering Construction) RESOLUTION N0. 114.54. Be It Resolved By The C i t y Council of the City of Dubuque that pursuant to a resolution of necessity No. 127-54 which w a s duly passed by this Council far the improvement of Levi Street with Macadam surfacing from the east property line of English Lane to the west property line of Lorimer Street be and the same is here- by ordered constructed by this Council upon its own .motion. All the work shall be constructed in accordance with the plans and spe- cifications heretofore adopted and now on file in the office of the City Clerk, Be It Further Resolved t h a t the cost and expense of the said improvements be paid for by levy- ing special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or is adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made out of funds realized from the sale of bonds to be issued in anticipa- tion of deferred payments of as- sessments as provided by law aft- er the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall ".,~# i 4 320 Regular Session, May 3rd, 1954 be in force and effect from and aft- er its passage and adoption by the City Council. Passed, adopted and approved this 3rd day of May, 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 Mayor Schueller. Carried by the fallowing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, K o 1 b, Welu. Nays -None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the improvement of Mineral Street with asphaltic macadam surfac- ing from the west property line of Gilliam Street to 375 feet west, estimated cost $1,526.35, presented and read. No written objections fIl- ed and no objectors present in the Council Chamber at the time set for said public hearing. Council- man 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. (Decision of Council upon object Lions to plans, specifications, and cost of improvements.) RESOLUTION N0. 175.54 Whereas, proposed plans a n d specifications €or the improvement of Mineral Street with asphaltic macadam surfacing from the west property line of G i 11 i a m Street to 375 feet west have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 391 of the Code of Iowa, per- taining to public contracts a ^ d bonds, and the time and place fix- ed for the hearing of all objec- lions 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 regular 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 pro- posed plans, specifications or cost of the improvement herein de- scribed and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, or cost of said im- provement herein described and proposed to be made, be and t 6 e 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. Passed, adopted and approved this 3rd day of May, 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 t h e 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. Regular Session, May 3rd, 1954 321 (Necessity 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 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. b. 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 Minoral Street with asphaltic macadem surfacing from west property line of Gilliam Street to 375 feet west. 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 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 alt privately awned 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 I~ whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- - cial benefits conferred thereby. La- bor and equipment costs shall be ' paid out of the street improve- + ~ A, merit 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- doted, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. The foregoing resolution was finally passed and adapted as proposed by the City Council this 3rd day of May, 1954. Approved: LEO N.,SCHUELLE'R Mayor CLARENCE P. WELU R.AY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: 3. 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, Kolb, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 176.54 Be It Resolved By The City Coun- cil Of The City Of Dubuque that pursuant to a resolution of neces- sity No. 130-54 which was duly passed by this Council, for the im- provement of Mineral Street with Macadam surfacing from the west property line of Gilliam Street to 375 feet west, be and the same is hereby ordered constructed by this Council upon its cwn motion. All the work shall be constructed in accordance with the plans and spe- cifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately awned property lying within the assessable distance from the improvements, whether such property abut upon the same or is adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and labor and equipment costs shall be paid out of the street funds. Pay- ~F (` k'I ac ii ,~; ~F F ~F i !I~ A 322 Regular Session, May 3rd, 1954 ment will be made out of funds realized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and aft- er its passage and adoption by the City Council. Passed, adapted and approved this 3rd day of May, 1954. LEO N,SCHUELLE'R 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, Kolb, Welu. Nays-None, Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessi- ty and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Poplar Street with asphaltic macadam surfacing from southwest property line of Asbury Street to the northeast property line of Finley Street, es- timated cost $1,523.74, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Coun- cilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the fallow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays -None, (Decision of Council upon obje~~ lions to plans, specifications, and cost of improvements.) RESOLUTION N0. 177.54 Whereas, proposed plans and specifications far the improvement of Poplar Street with asphaltic macadam surfacing from the south- west property line of Asbury Street bo the northeast property line of Finley 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 hear- ing of all objections to said plans, specificati-one or cost of such im- provements, said time being this 3rd day of May, 1954, and Whereas, the City Council met in regular 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 or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been 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, or cost of said improvement herein described and proposed to be made, be and the same are here- by overruled and such plans,spec- ifications'heretofore approved are hereby adapted. 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. Passed, adopted and approved this 3rd day of May, 1954. LEO N. SCHUELLER Mayor Regular Session, May 3rd, 1954 323 _, CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN I 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. ( (Necessity 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- trio, if any. 2. The streets to be improved. j 3. The width of such improve- ! ment. 4. Each lot proposed to be as- ' sessed together with a valuation fixed by the council. 5. An estimate of the cast of t the proposed improvement. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Poplar Street with asphaltic macadem surfacing from the southwest property line of As- bury Street to northeast property line of Finley Street. ~° Be It Therefore Resolved that the City Council on its awn motion deems it advisable and necessary I 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 ;y which have been prepared there- n• 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 awned 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 and equipment casts shall be paid of the street improvement. Bands shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro ceeds thereby used to pay the contractor. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. The foregoing resolution was finally passed and adopted, as proposed by the City Council this 3rd day of May, 1954. 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 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. 118.54 Be It Resolved by the City Coun• cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 133.54 which was duly passed by this Council, for the im- provement of Poplar Street with Macadam surfacing from the southwest property line of Asbury Street to the northeast property line of Finley Street, be and the same is hereby ordered construct- ed by this Council upon its own motion. All the work shall be can- kh' ( i! E~ i , "7 ~` '~ i 324 Regular Session, May 3rd, 1954 strutted in accordance with the plans and specifications heretofore adapted and now on file in the of- fice 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 pri- vately awned property lying with- in the assessable distance from the improvements, whether such prop- erty abut upon the same or is ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and labor and equipment costs shall be paid out of the street funds. Pay- ment will be made out of funds realized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this 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 3rd day of May, 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 Kintzinger, Car- ried 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 improvement of St. Joseph Street with asphaltic macadam surfacing from east property line of Algona Street to the west property line of Gandolfo Street, estimated cost $1,251.78, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Weiu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, (Decision of Council upon objee• lions to plans, specifications, end cost of improvements.) RESOLUTION NO. 119.54 Whereas, proposed plans and specifications for the improvement of St. Joseph Street with asphaltic macadam surfacing from the east property line of Algona Street to the west property line of Gandol- fo 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, specifications for or cost of such improvements, said time be- ing this 3rd day of May, 1954; and Whereas, the City Council met in regular session this 3rd day of May, 1954 to 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hearing all in- terested parties and considering any and all objections which have been filed to the proposed plans, specifications or cost of the im- provement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been 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, or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections ,~ $egular Session, May 3rd, 1954 325 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. Passed, adopted and approved this 3rd day of May, 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. (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 fol- lowing: 1. 19ie 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 5t. Joseph Street with asphaltic macadam surfac• ing from east property line of Al- gona Street to west property line of Gandolfo 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- ~! _` ~w~ 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 ac- cording to area and in proportion to the special benefits conferred thereby, Labor and equipment costs shall be paid oat of the street improvement 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- tractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 3rd day of May, 1954. 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 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, (Ordering Construction) RESOLUTION N0. 180.54 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 136.54 which was .duly f ~!_ ' C e 328 $egular Session, May 3rd, 1954 passed by this Council, for the im- provement of S•t. Joseph Street with Macadam surfacing from the east property line of Algona Street to the west property line of Gan- dolfo Street be and the same is hereby ordered 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 is adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and labor and equipment costs shall be paid out of the street funds. Payment will be made out of funds realized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this 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. Fassed, adopted and approved this 3rd day of May, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN CHARLES A. KINTZINGE'R 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 im- provement of Spruce Street with asphaltic macadam surfacing from north property line of Jefferson Street to the south property line of West Eleventh Street, estimated cost $1,068.79, presented and read. No written objections filed and no objectors present in the Council Chatuber at the time set for said public hearing, Councilman Kalb moved that the proof of publica- tion 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. (Decision of Council upon obje~~ lions to plans, specifications, and cost of improvements.) RESOLUTION NO. 181.54 Whereas, proposed plans and specifications for the improvement of Spruce Street with asphaltic macadam surfacing from the north property line of Jefferson Street to the south property line of West Eleventh Street have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications, or cost of improvements, said time being -this 3rd day of May, 1954; and WHEREAS, the City Council met in regular 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 Gave been filed to the proposed plans, specifications or cast of 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 1T RESOLVED by the City Council of the City of Dubuque that all objections which have been made and filed to the plans, specifications, or cost of said fm• Regular Session, May 3rd, 1954 327 provement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications hereto- fore approved are hereby adapted. 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 improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 3rd day of May, 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. (Necessity for Improvement) RESOLUTION NO. 139.54 Whereas, proposed plans, speci- fications, plan 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 impr~ve~ j went. 4. Each lot proposed to 'be as- sessed together with a valuation fixed by the council. ~ 5. An estimate of the cast of the proposed improvement, 6. In each case the amount thereof which is estimated to be assessed against each lot, for the 4 =~ improvement of Spruce Street with 'b asphaltic macadam surfacing from north property line of Jefferson Street to south property line of West Eleventh Street. Be It Therefore Resolved bhat 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 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- ment funds. Bonds shall be issued and sold in anticipation of de- ferred payments of assesmenxs when a contract has been per• formed and accepted and the pro- ceeds thereof used to pay the con tractor. The above resolution was infra duced, approved and ordered placed on file with the City Clerk this 5th day of April, 1954. The foregoing resolution was finally passed and adapted, as proposed, by the City Council this 3rd day of May, 1954. 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 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, I:9~ ~ _ r~~ °~a~srarw+r,,, ~, l~IMlp r 328 Regular Session, May 3rd, 1954 (Ordering Construction) RESOLUTION N0. 182.54 Be It ,Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces• sity No. 139.54 which was duly passed by this Council, for the im- provement of Spruce Street with Macadam surfacing from the north property line of Jefferson Street to the south property line of West Eleventh Street be and the same is hereby ordered 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 improvements be paid for by levy- ing special assessments against the privately awned property lying within the assessable distance from the improvements, whether suoh property abut upon the same or is adjacent thereto, according to the area thereof and in proportion to Mhe special benefits conferred, and lahor and equipment costs shall be paid out of the street funds, Payment will be made out of funds realized from the sale of bonds to be issued in anticipation of de• ferred payments of assessments as provided by law after ,the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in farce and effect from and after its passage and adoption by 'the City Council. Passed, adopted and approved this 3rd day of May, 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 Kalb 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. Proof of publication, certified to iby'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 im- provement of West Thirty-second Street with asphaltic macadam sur- facing from west property line of Lemon Street to the east property line of Fink Street, estimated cost $5,906.23, presented and read. No written objections filed and na ob- jectors presen0 in bhe Council Chamber at the time set for said public hearing. Councilman Kolb moved that the proof of publica- tion be received and filed. Sec• onded by Councilman Welu. Car. ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu, Nays-None. (Decision of Council upon objet. lions to plans, specifications, and cost of improvements.) RESOLUTION N0. 183.54 Whereas, proposed plans and specifications for the improvement of West Thirty-second Street with asphaltic macadam surfacing from the west property line of Lemon Street to the east property line of Fink Street have been approved by the City Council of the City. of Dubuque and public notice giv- en 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, specifications, or cost of improvements, said time being this 3rd day of May, 1954; and Whereas, the City Council met in regular session this 3rd day of May, 1954, and 7:30 o'clock P. M. at the Coun- cil Chambers in the City Hall for the purpose of hearing all inter- ested parties and considering any and all objections which have been filed to the proposed plans, speci- fications or cost of improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to Regular Session, May 3rd, 1954 329 be heard and all objections which t have been filed have been duly a weighed and considered; now, i therefore o Be It Resolved by the City Coun- s cil of the City of Dubuque that all 1 objections which have been made p `i and filed to the plans, specifica- t tions, or cost of said improvement 'herein described and proposed to be made, be and the same are here- f by overruled and such plans,speci- fications heretofore approved are t hereby adopted. t Be It Further Resolved that this f resolution containing the decision t of this Council upon all objections which have been filed to the plans, ~ specifications, or cast of improve- ment be made a matter of perma- Went record in connection with said improvement. Passed, adopted 'and approved this 3rd day of May, 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, Caun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 142.54 Whereas, proposed plans, specifi• cations, 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- c trio, if any.. 2. The streets to be improved. 3. The widbh 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 4' ~~ .. • hereof which is estimated to be ssessed against each lot, for -the mprovement of West Thirty-sec. nd Street with asphaltic macadam urfacing from the west property me of Lemon Street to the east roperty line of Fink Street. Be It Therefore Resolved that he City Council on its own motion deems it advisable and necessary or the public welfare to make the herein mentioned improvement, and unless property owners at the ime of the final consideration of his proposed resolution have on ile wifih the City Clerk objections o 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 Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vately awned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in propor- tion to ithe special benefits con- ferred thereby. Labor and equip- ment cost shall be paid from the street improvement fund. Bonds shall be issued and sold in antici- pation 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 an file with the City Clerk this 5th day of April, 1954. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 3rd day of May, 1954. .Approved: LEO N.SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J. SHEA, City Clerk r,. ... st'X^4'#4'7~# 330 Regular Session, May 3rd, 1954 Councilman Kolb moved the adoption of the resolution, Second- ed by Mayor Schueller. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Ordering Construction) RESOLUTION NO. 184.54 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant !to a resolution of neces- sity No. 142.54 which was duly passed by "this Council, for bhe im- provement of West Thirty~second Street with Macadam surfacing from the west property line of Lemon Street to the east property line of Fink Street be and the same is hereby ordered construct- ed by this Council upon its own motion. All the work shall be con- structed in accordance with the plans and specifications heretofore adapted and raw on file in the of- fice 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 is adjacent thereto, according to the "area thereof and in proportion to the special benefits conferred, and labor and equipment costs shall be paid out of the street funds. Pay- ment will be made out of funds realized from the sale "of bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work 'bas been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in farce and effect from and after its passage and adoption by the City Council. Passed, adopted and. approved this 3rd day of May, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINTZINGER Councilmen Attest: J. J, SHEA, pity Clerk Councilman Kolb 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. 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 improvement of York Street with asphaltic macadam surfacing from west property line of State Street to bhe east property line of Hill Street, estimated cost $1,660.31, presented and read. No written ob• jections filed and no objectors present in the Council Chamber at the time set for said public hear- ing, 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, (Decision of Council upon objee• tions to plans, specifications, and cost of improvements.) RESOLUTION N0. 185.54 Whereas, proposed plans and specifications far the improvement of York Street with asphaltic mac- adamsurfacing from the west prop- erty line of State Street bo the east property line of Hill Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Cade of Iowa, 1950, pertaining to public con- tracts and "bonds, and bhe time and place fixed for bhe hearing of all objections to said plans, specifi• cations, or cost of improvements, said time being this 3rd day of May, 1954; and Whereas, the City Council met in regular session this 3rd day of May, 1954, and 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 cast of improvement herein described and proposed to be made; and Regular Session, May 3rd, 1954 331 Whereas, all interested parties 6. In each case the amount have been given an opportunity thereof which is estimated to be to be heard and all objections assessed against each lot, for the "~ which have been filed have been improvement of York Street with `" duly weighed and considered; raw, asphaltic macadam surfacing from therefore the west property line of State Be It Resolved by the City Coun- Street to the east property line cil of the City of Dubuque that all of Hill Street. objections which have been made Be It Therefore Resolved that 'and filed to the plans, specifica• the City Council on its own motion tions, or cost of said improvement deems it advisable and necessary herein described and proposed to for the public welfare to make the 1 be made, be and the same are here- herein mentioned improvement, by overruled and such plans,speci- and unless property owners at the fications heretofore approved are time of the final consideration of hereby adopted, this proposed resolution have on Be It Further Resolved that this file with the City Clerk objections resolution containing the decision to the amount of the proposed as- 1 of this Council upon all objections sessments, they shall be deemed to II which have been filed to the plans, have waived all objections thereto. specifications, or cost of improve- Said improvement shall be con• ' ment be made a matter of per- strutted and done in accordance manent record in connection with with the plans and specifications I said improvement, which have been prepared there- for by the City Engineer which Passed, adopted and approved have been approved by the City this 3rd day of May, 1954. Council and are now on file with LEO N. SCHiJELLER the City Clerk. That the cost and Mayor expense of making said improve- CLARENCE P. WELU ment will be assessed upon and RAY F. KOLB against all privately awned prop- RUBEN V. AUSTIN erty lying within assessable dis• CHARLES A. KINTZINGER "torte provided by law and in an Councilmen amount not to exceed the amount Attest: J. J, SHEA, provided by law, property will be City Clerk assessed whether the same abuts Councilman Kolb moved the thereon or is adjacent thereto ac- adoption of the resolution. Second- cording to area and in proportion ~ ed by Councilman Welu. Carried i to the special benefits conferred by the following vote: 'thereby. Labor and equipment cost Yeas - :Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, shall be paid out of the street im- Welu. provement fund. Bonds shall be Nays-None, issued and sold in anticipation of deferred payments of assessments (Necessity for Improvement) when a contract has been per- RESOLUTION NO. 145.54 formed and accepted and the pro- ' Whereas, proposed plans, speci- ceeds thereof used to pay the con- fications, plat and schedule have tractor. been duly prepared and approved The above resolution was intro- by the City Council of "the City duced, approved and ordered of Dubuque and are now on file placed on file with the City Clerk in the office of the City Clerk this 5th day of April, 1954. The showing among other things the foregoing resolution was finally following: passed and adopted, as proposed, t 1. The boundaries of the dis- by the City Council this 3rd day trict, if any, of May, 1954. 2. The streets to be improved. Approved: 3. The width of such improve- LEO N. SCHUELIER ment. Mayor 4. Each lot proposed to be as- CLARENCE P. WELU sessed together with a valuation RAY F. KOLB fixed by the council. RUBEN V. AUSTIN 5. An estimate of the cost of CHARLES A. KINTZINGER ft, the proposed improvement. Councilmen i t l __ "~ III, I~; u r~ `s~ ,~:, ~~ w<~ ,, i ~. 332 Regular Session, May 3rd, 1954 Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Mayor Schueller. Carried by 'the following vote: Yeas - 'Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Ordering Construction) RESOLUTION NO. 18654 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 145-54 wi~ich was duly passed by this Council, for the improvement of York Street with Macadam surfacing from the west property line of State Street to the east property line of Hill Street be and the same is hereby ordered constructed by this Council upon i'ts own motion. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levy- ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or is adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and labor and equipment casts shall be paid out of the street funds, Payment will be made out of funds realized from the sale of bands to be issued in anticipation of de• ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this 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 3rd day of May, 1954. Ll~p N. SCHUELLER MAYOR CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIDI CHARLES A. KIlVTZINGER Councilmen Attest: J, J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution, Second. ed by Mayor Schueller. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu, Nays-None. Notice of Claim of Mrs. Viola Kramer in the amount of $17.00 for damages to car caused in strik- ing astreet cave-in on the corner of 15th and Pine Streets, presented and read, Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for recommendation and report. Sec• onded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Mrs. Grace Geiser in the amount of approxi- mately $45.00 caused by a fall on freshly painted .curbing at south- east corner of 2nd and Main Streets, presented and read, Coun- cilman Kolb moved that the No- tice of Claim be referred to the City Solicitor for recommendation and report. Seconded by Council- man Austin. Carried by the fol- lowing 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 Mrs. Mary Hier requesting suspeasion of the 1953 taxes on the North 24 feet of East 170 feet of Lot 374 of Davis Farm Addition, presented and read. Councilman Welu moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded •by Councilman Kolb. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Communication of Hawkeye Se- curity Insurance Companv advis• ing that the Excavation Bond of the Ideal Plumbing and Heating Regular Session, May 3rd, 1954 333 Company is no longer desired and asking that said Bond be released, presented and read. Councilman ~ ~ Kintzinger moved that the com- '~. munication be referred to the City Manager for investigation and re- port, Seconded by Councilman Aus- .4~;; tin. Carried by the following vote: Yeas -Mayor Schueller, Coun- ±' cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. t Communication of Ludmilla F. Klauer submitting plan and profile for the proposed extension of the 8 inch sewer in Levi Street and into the lots in Klauer Place, pre- 1 sented and read. Councilman Aus- tin moved that the request be granted and a proper ordinance prepared. Seconded by Mayor Schueller. Carried by the fol?owing ~ vote: Yeas -Mayor Schueller, Coun- cilman Austin, Kintzinger, Kalb, We1u. Nays-None. ' Communication of The Key City Gas Company submitting fuel cal- culations based on cost of ma- terials as of April 1, 1954, present. ed and read. Councllman Kolb moved that the communication be received and filed and the report placed on file. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: ~ Yeas -Mayor Schueller, Coun• k^ cilmen Austin, Kintzinger, Kolb, Welu, ~ ~~- Nays-None. ;ai; Communication of The Key City '~' Gas Company submitting annual ` report for the calendar year 1953, ~} presented and read. Councilman ," Welu moved that the communica- ~ tion be received and filed and the annual report placed on file. Sec- onded by Councilman Kolb. Car• ried by the following vote: *~, Yeas -Mayor Schueller, Coun- g, cilmen Austin, Kintzinger, Kolb, # 'i+' Welu, ~ Nays-None. Petition aR Dubuque Armed ~ Forces Advisory Committee re• questing that Thursday, May 13, 1954, be officially proclaimed as ( Armed Forces Day in Dubuque, Iowa, presented and read, Coun- cilman Welu moved that Mayor Schueller be authorized to issue said Proclamation, Seconded by Councilman Austin. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of John W. Woerdehoff requesting a refund in the amount of $100.00 an the unexpired por• tion of his Class "B" Beer Permit No. 117, as he 'has discontinued business on Apri127, 1954, present- ed and read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of John W. Woer- dehoff to cover the amount of re• fund granted on the unexpired portion of his Class "B" Beer Per• mft No. 117. Seconded by Council. men Kintzinger. Carried by the fallowing vote: Yeas ~- Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Melvin B• McDonough requesting a refund in the amount of $150.00 on the unexpired por- tion of his Class "B" Beer Permit No. 140, as ho has discontinued business on April 30, 1954, pre- sented and read, Councllman Kint- zinger moved that the request be granted and the City Auditor in- structed to draw a warrant in the amount of $150A0 in favor of Mel- vin B. McDonough to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit 140. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Jahn A. Matous and others, residents and owners of property, objecting and apposing the petition to change the zoning classification of the Westerly 170 feet of Lot 305 and 306 in Davis Farm Addition from residential district classification to local busi• ness district classification, present- ed and read. Councilman Welu moved that the petition be referred to the Planing and Zoning Cammis~ ~`t ~` S' r 334 Regular Session, May 3rd, 1954 sion. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Dubuque Industrial Union Council CIO requesting the City Council to consider the ques- tion of daylight time, presented and read. Councilman Welu moved that the petition be referred to the City Council for later consid- eration. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None• Petition of Mr, and Mrs. Charles Fangman and others requesting the installation of a street light at the corner of Burns and Oak Streets, presented and read. Coun- cilman Kolb moved that the peti- tion be referred to the City Man- ager and Electrical Inspector for recommendation and report. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of C. F. Mettille and others, property owners living in the 2300 block on University Ave- nue, requesting the extension of the present local business district to include the balance of Lot 14 and all of Lot 15 of Finley, Waples and Burtons Addition, presented and read. Councilman Austin moved that the petition be re- ferred to the Planning and Zoning Commission for their recommen- dation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Leo J. and Loretta Soppe and others, property owners living in the vicinity of the 2500 block on Dodge Street requesting the rezoning of the present single family residence district from the old City Limits line approximately 4~__ ...... ... .. ... .. f•~ -.. ~~ ..~ ".., ~. ~I. .~ie 480 feet easterly on the southerly side of Dodge Street to multiple family residence district, present- ed and read. Councilman Kintzing- er moved that the petition be re- ferred to the Planning and Zoning Commission for their recommenda- tion and report. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu Nays-None. GRANT AND 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 Lats 23, 24, 25, Block 2, Grandview Park Addition in the City of Dubuque hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Lots 23, 24 and 25, Block 2, Grandview Park Addi• lion, for the purpose of building and maintaining a storm 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 be disturbed in the installation or repair of said Lots 23, 24 and 25, Block 2, Grandview Park Addition to as good condition as it was in before the same was disturbed. This grant of easement shall be binding upon the undersigned, its purchasers and assigns forever. Margaretta A. Deitrick Mrs. Dorothy D. Gilson State of Iowa SS Dubuque County , On this 20th day of April, A. D. 1954, before me a Notary Public in and for Dubuque County, Iowa, personally appeared Margaretta A. Deitrick and Mrs. Dorothy D. Gil• son to me known to be the identi- cal persons named in and who exe- cuted the foregoing instrument, ~. .: may. ,£ i , s. i I`: ~': t. °.: f• ~- v; w Regular Session, May 3rd, 1954 335 and acknowledged that they exe- cuted the same as their voluntary act and deed. Mae A. Moore (Seal) Notary Public in and far said County. Councilman Kolb moved that the Grant and Easement be ac- cepted and made a matter of rec- ord and recorded with the County Recorder. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. GRANT AND 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 26, 27 and 28, Block 8, Grandview Park Addition in the City of Dubuque hereby grants and conveys to said City of Du- buque, aperpetual right of ease- ment, in, over and across said Lots 26, 27 and 28, Block 2, Grand- view Park Addition for the purpose of building and maintaining a storm sewer with the right to go upon said premises at all reason- able times for the purpose of in- specting and repairing the same when installed; provided, however, that said City of Dubuque shall re- place whatever earth, sod or shrub- bery that may be disturbed in the installation or repair of said Lots 26, 27 and 28, Block 2, Grandview Park Addition to as good condi- tion as it was in before the same was disturbed. This grant of easement shall be binding upon the undersigned, its purchasers and assigns forever. ROBERT W,BESCH MRS. R. W. BESCH State of Iowa SS Dubuque County, On this 20th day of April, A. D. 1954, before me a Notary Public in and for Dubuque County, Iowa, personally appeared Robert W. Besch and Mrs. R. W. Besch to me known to be the identical per- sons named in and who executed the foregoing instrument, and ac- knowledged that they executed thQ same as their voluntary act and deed. Mae A. Moore (SEAL) Notary Public in and for said County. Councilman Kolb moved that the Grant and Easement be ac• cepted and made a matter of rec• ord and recorded with the County Recorder. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. May 3, 1954 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1950 Per- manent Registration, I hereby rec- ommend for your approval the ap- pointment of the following named persons to serve as Clerks of Elec- tion for each precinct, who shall have charge of the election regis• ter for the Primary Election to be held on June 7th, 1954. First Precinct-Democratic, Mrs. Thomas O'Brien, 850 South Grand- view; Republican, Lillian Jones, 1745 Overview Court. Second Precinct -Democratic, Mrs. Michael Cahill, 59 Hill Street; Republican, Julia Heuser, 1585 Douglas Street. Third Precinct -Democratic, Mrs. Vera S. McAllister, 821 Dodge Street; Republican, Eunice Kilby, 521 West Third Street. Fourth Precinct -Democratic, Mrs. Marlene Siegert, 679 Bluff Street; Republican, Margaret Ends• ley, 638 Wilson 'Street, Fifth Precinct-Democratic, Mrs. Laura Hohmann, 792 Nevada Street; Republican, Sadie Trader, 295 Nevada Street. Sixth Precinct-Democratic, Mrs. Lillian Fleege, 1875 St. Ambrose Street; Republican, Louise For- ward, 1530 North Algona Street. Seventh Precinct -Democratic, Mrs. Loretta Goff, 1007 Central Avenue; Republican, Alexia Han- ley, 921 Central Avenue. Eighth Precinct -Democratic, Mrs. Anna Weber, 1025 Locust Street; Republican, Jane Fuhrman, 530 Wilbur Street. j. 9 i, . ~i ~i•fp ~! I' p " ! m; u `~ F~~ n~ ~r _~ l F ~~ l i- I i• I: i= I° €; I~, ~_ k.' ~~ i~~~~ I'll 336 Regular Session, May 3rd, 1954 Ninth Precinct -Democratic, Mrs. Belle Leidinger, 1502 Maple Street; Republican, Edna Widdow- son, 1710 Jackson Street. Tenth Precinct -Democratic, Mrs, Stella Ball, 540 West Locust Street; Republican, Hattie Do- natsch, 620 Seminary Street. Eleventh Precinct -Democratic, Mrs. Ida Murray, 348 Kaufman Ave- nue; Republican, Hazel Kirkwood, 845 Kane Street. Twelfth Precinct -- Democratic, Mrs. Raymond Recker, 2210 Fran- cis Street; Republicau, Elsie Bottge, 2421 Division Street. Thirteenth Precinct-Democrat- ic, Mrs. Freda Foell, 2915 Jack- son; Republican, Mabel Essman, 2930 Jackson Street. Fourteenth Precinct-Democrat- ic, Mrs. Veronica Agard, 519 Rhom- berg Avenue; Republican, Gwen Bohn, 2540 Windsor Avenue. Fifteenth Precinct-Democratic, Mrs. Minnie Lucas, 1303 Rhomberg Avenue; Ropublican, Helen Hoh- necker, 1202 Lincoln Avenue. Sixteonth Precinct-Democratic, Mrs. Wm. Connery, 2012 Broad- lawn; Republican, Ethel Asmussen, 3131 Asbury Street• Respectfully submitted, J. J, SHEA, Commissioner of Registration Councilman Kolb moved that the recommendation of Commis- sioner of Registration Shea be ap- proved. Seconded by Councilman Austin. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Proof of publication, certified to by the publishers, of a state- ment of receipts for the month of March, 1954 and also a list of claims for which warrants were issued during the month of March, 1954, presented and read. Council- man Kolb moved that the proof of publication be received and filed. Seconded by Councilman Kintzing- er, Carried by the following vote: Yeae -- Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 29, 1954 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In regard to the petition of George Kaune requesting permis- sion to connect to the water main at the end of Shims Avenue. I recommend that the request be granted, providing Mr. J. J. Stelz• miller pays $120.00 #or the 60 foot frontage for the first lot and Mr. George Kaune pays $15(1.00 for the 75 foot frontage at his resi- dence. This is the same rate that is being assessed to property own- ers of the newly annexed areas and subdivisions inside the city limits, The applicant will be re- quired to extend the service line from existing facilities according to the City Water Ordinance and purchase his own water meter. Respectfully submitted, J. J. HAIL Superintendent City Water Department Councilman Kolb moved that the recommendation of Water Su- perintendent Hail be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 22, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa Gentlemen: Milo A. Tietjen, 831 Alta Vista Street, Dubuque, Iowa, filed a claim for damages against the City of Dubuque, which claim was re- fered to this office For investiga- tion and report. Claimant alleges that he ran his car on to some ice along the curb by 888 Dodge Street and thereby caused damages to his auto. Said claim was duly investigated by this office and it is the opinion of this office that the City of Du• buque is guilty of no negligence which would render it liable in damages to the claimant herein. Therefore, it is respectfully recom- mended that said claim be denied. Respectfully submitted, R. M. Czizek Assistant City Solicitor 3 4 Is:: 4F4 (k. (, ~~. ~~~ ~. Regular Session, May 3rd, 1954 337 Councilman Kintzinger moved that the recommendation of As- sistant City Solicitor Czizek Abe ap- proved. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. April 22, 1954 Honorable Mayor & Members of the City Council of the City of Dubuque, Iowa Gentlemen: On December 4, 1953, a recom- mendation was made by this of- fice that a claim for $14.40, filed by Hamer M. Buckley, be paid. Said claim was for damages to his car when he struck a hole in Kane Street. At the instruction of your Hon- orable Body, said claim was re- ferred back to this office for fur- ther investigation and said inves- tigation disclosed that the hole that existed in Kane Street, of which Mr. Buckley complained, caused by an improperly filled sewer excavation. The claimant's car struck said improperly filled sewer excavation and sustained damages complained of. It now appears that the con- tractor, who made and filled the sewer excavation, is liable to the claimant in this instance and said contractor has been contacted with reference to said claim. It is, therefore, respectfully rec- ommended that said claim be de- nied by the Council. This office will endeavor to have said claim referred to the Contractor's insur- ance carrier for disposition. Respectfully submitted, R. M. Czizok Assistant City Solicitor Councilman Kintzinger moved that the recommendation of Assis- tant City Solicitor Czizek be ap- proved. Seconded by Councilman Austin. Carried by the following vote: Yeas--Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu, Nays-None. April 22, 1954 Honorable Mayor & Members of the City Council of the City of Dubuque, Iowa Gentlemen: On January 20, 1954, Mrs. Glad- ys Sangston sustained injuries as the result of a fall upon a side- walk at 397 Southern Avenue. A claim was filed by her for dam- ages against the city, which claim was referred to this office for in- vestigation and report. Due investigation was made and it is the opinion of this office that the City of Dubuque was guilty of no negligence in the maintenance of the sidewalk where claimant claims she fell such as would ren- der it liable for damages. It is therefore, respectfully recommend- ed that said claim be denied. Respectfully submitted, R. M. Czizek Assistant City Silicitor Councilman Kintzinger moved that the recommendation of Assis- tant City Solicitor Czizek be ap- proved. Seconded by Councilman Austin. Carried by ttie following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None, April 22, 1954 Honorable Mayor & Members of the City Council of the City of Du- buque, Iowa Gentlemen: On February 19, 1954, John L. Gruetzmacher filed a claim with the Clerk of the City of Dubuque wherein he claims damages to the muffler of his car when he drove over the Chicago Great Western. railroad tracks at East 19th street. Said claim was referred to this office for investigation and report. After due investigation, it is the opinion of this office that the City of Dubuque was guilty of no negligence which would render it liable is damages to the claimant and it is, therefore, respectfully recommended that said claim be denied. Respectfully submitted, R. M. Czizek Assistant City Solicitor spa 338 Regular Session, May 3rd, 1954 Councilman Kintzinger moved that the recommendation of Assis- tant City Solicitor Czizek be ap- proved. Seconded by Councilman Austin. Carried by the following vote: • Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None, • April 22, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: Mr. Gus Pusateri of 1381 Bel- mont Street filed a claim with the City Clerk for damages in the sum of $40.00 claimed to have been sus- tained by him when the Street Department broke a cap and pipe leading to a water shutoff while the Street Department was resur- facing Belmont Street. Said claim was referred to this office for in- vestigation and report. After due investigation, it has been determined that any damage sustained by Mr, Pusateri was not caused by the Street Department and the cap and pipe leading to the water shutoff was broken prior to the time that the Street Depart- ment resurfaced Belmont Street. It is, accordingly, respectfully recommended that said claim be denied. Respectfully submitted, R, M. Czizek Assistant City Solicitor Councilman Kintzinger moved that the recommendation of Assis- tant City Solicitor Czizek be ap- proved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kalb, Welu. Nays-None, April 22, 1954 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: On March 18, 1954, George W. Helling filed a claim for damages in the amount of $11.44 with the City Clerk of the City of Dubuque. Said claim alleges that Mr. Hell- ing sustained damage to his car when he struck two holes in the street at the corner of Curtis and South Hill. Said claim was referred to this office for investigation and report. After due investigation by this office, it appears that said cond- tion did exist and has been subse- quently repaired. It appears that said claim is a claim that should be paid. It is accordingly respect- fully recommended that said claim be approved. It is further respect- fully recommended that the Aud- itor be instruced to draw a war- rant in favor of Mr. George W, Helling in the sum of $11.44, to be delivered to him upon the exe- cution of the proper release. Reppectfully submitted, R. M. Czizek Assistant City Solicitor. Councilman Kintzinger moved that the recommendation of Assis- tant City Solicitor Czizek be ap- proved and the City Auditor in• structed to draw a warrant in the amount of $11.44 in favor of George W. Helling, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly exe- cuted release. Seconded by Coun- cilman Austin. Carried by the fo1- lowing vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None, April Z2, 1954 Hon. Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: Mr. Archie C. Kissell filed a claim with the City Clerk of the City of Dubuque for damages sus- tained by him when the sewer backed up in his basement caus- ing damage to his oil burner. After extensive investigation in connec- tion with this matter, it appears that the sanitary sewer was clog- ged and backed up into the base- ment of the claimant and that damage was done to the oil burner in the basement of the claimant's house. It appears that said claim is justified and that it should be paid. The claim is in the amount of $71.64, It is, therefore, respectfully re- commended that said claim be ap- proved and that the Auditor be instructed to issue a warlant in Regular Session, May 3rd, 1954 339 the amount of $71.64, to be deliver- ed to him upon the execution of the proper release. Respectfully submitted, R. M. Czizek Assistant City Solicitor. Councilman Kintzinger moved that the recommendation of Assist- ant City Solicitor Czizek be ap- proved and the City Auditor be instnzcted to draw a warrant in the amount of $71.64 in favor of ' Archie C. Kissell, as settlement in full of his claim, and that said R warrant be delivered upon receipt "" ~ by the City of Dubuque of a prop- 1 erly executed release. Seconded by V ~` Councilman Austin. Carried by the fallowing vote: ~? Yeas-Mayor Schueller, Council- . men Austin, Kintzinger, Kolb, Welu. '~ ~ Nays-None. April 29, 1954 Hon. Mayor and Members ~ of the City Council City of Dubuque Iowa ~ , a Gentlemen: ~ You have referred to this office the claim of Mrs. Frank Hanfeld for damages received from a fall on the ice December 2Q 1953, ,r. Mrs. Hanfeld has since departed 1 this life and I have discussed the matter with her husband and heirs who have agreed to accept $215.00 in full settlement. I recommend this settlement be approved and that the Auditor be ,> instructed to issue a warrant pay- able to Mr. Frank Hanfeld, sur- '? viving spouse, upon receipt of a ''~' satisfactorily executed release. Sincerely, ~'' T. H. Nelson. fi„ Councilman Kintzinger moved ~ that the recommendation of City i ~ Solicitor Nelson be approved and the City Auditor instructed to draw `~' a warrant in the amount of $215.00 ~' in favor of Mr. Frank Hanfeld, surviving spouse, as settlement in full of the claim, and that said warrant be delivered upon receipt I by the City of Dubuque of a prop- : erly executed release. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Schueller, Council- ~ men Austin, Kintzinger, Kolb, Welu. ° Nays-None. April 29, 1954, Hon. Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: The request of the Military Order of the Purple Heart for permission to display an exibition in Dubuque and solicit funds in connection therewith was referred to this of- fice. I am advised by the Secretary of State that this organization is not authorized to solicit funds and therefore recommend the request be denied. Respectfully, T. H. Nelson Councilman Austin moved that the recommendation of City Solici- tor Nelson be accepted. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None, Communication of City Solicitor Nelson submitting report in regard to the request of Joseph Eicher far the enactment of an ordinance authorizing the placing of benches at bus stops with advertising mat- ter thereon, presented and read. Attorney Robert H. Kintzinger ad- dressed the Council in support of the petition of Joseph Eicher and asked that the ordinance authoriz- ing the placing of benches at bus stops with advertising matter thereon be adopted. Councilman Welu moved that action on the report of City Solicitor Nelson be deferred. Seconded .by Councilman Kalb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kolb, Welu. Nays-None. Councilman Kintzinger not vot- ing. April 22, 1954 To the Honorable Mayor, City Manager & City Council, Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion respectfully recommends to Your Honorable Body approval of petition of Paul R. Cremer et, al. '~~~ I~ !! ai, i ~~; r' ~, €i ~ ~' 340 Regular Session, May Std, 1954 asking that the name of "McLenan Street" be changed to "River Ridge". Yours truly, Dubuque Planning & Zoning Commission By R.V, McKay, Secretary Councilman Kolb moved that the recommendation of the Planning and Zoning Commission be ap- proved and a proper ordinance prepared. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Ko]b, Welu. Nays-None. Councilman Kintzinger moved that the rules be suspended for the purpose of allowing the peti- tion of Joseph J, Roscamp and others to be filed for Council Ac- tion. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Joseph J. Roscamp and others, owners of property situated on the north side of Dodge Street from the intersection of Dodge and Bryant Streets to the intersection of Dodge and York Streets, asking that the area em- bracing all the lots fronting on Dodge Street on the north side thereof from the intersection of Dodge and Bryant Stroets to the intersection of Dodge and York Streets be changed from their present classification to Local Business District Classification in keeping with the suggestions of the Planning and Zoning Commission thereby permitting both sides of Dodge Street within the area des- ignated to be developed in an or- derly manner under Local Busi- ness Classification, presented and read. Attorney Frank D. Gilloon, Sr. Addressed the Council in sup- port of the petitioners. Councilman Welu moved that the petition be referred to the Planning and Zon- ing Commission for recommenda- lion and report. Seconded by Coun• Gilman Kintzinger. Carried by the following vote: YeasiMayor Schueller, CouncIl- men Austin, Kintzinger, Kolb. Welu. Nays-None. April 22, 1954 To the Honorable Mayor, City Manager, and City Council, Dubuque, Iowa Gentlemen: With reference to enclosed peti• lion of John C. Kaiser et, al. re• questing rezoning of lots 6, 7, 8 Mineral Lot 149 to Local Business Classification the Planning & Zon• ing Commission respectfully recom- mends denial of the petition. While recognizing the merits of this peti- tion, the Planning and Zoning Commission feels that for an orderly development of business westerly on Dodge St., both sides of the street should bear identical classification, but as this petition bears only on the south side, we feel it would be decidedly unfair to property owners on the north side to approve this petition. Respectfully submitted, Dubuque Planning & Zoning Commission By R. V. McKay, Secretary Councllman Welu moved that the recommendation of the Planning and Zoning Commission be refer- red back to the Planning and Zoning Commission for further in- vestigation and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger; Kolb, Welu. Nays-None. May 3, 19b4 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap• proved the following bonds and policy and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: TAXICAB Black & White, Yellow and Check- er Cab Company 410 Eighth Ave• nue: Policy No. GAC3.9671 -- Fireman's Fund Indemnity Co. men us n, m g , Welu. Nays-None. RESOLUTION N0. 181.54 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 permit to sell cigarettes and cig• arette papers within said City and the Manager is directed to issue such permit on behalf of said City. William L. Beauchamp, 2319 Prince Street Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 3rd day of May, 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. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Schueller, CouncIl- men Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 188.54 Whereas, applications for Beer Permits have been submitted 'to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Frank J. Fitzpatrick, 576 Cen- tral Avenue; William L. Beau- champ, 2319 Prince Street; Rich- ard Alderson, 1555 So. Grandview Avenue; Merlyn L. Weber, 1904 Central Avenue; Robert J. Bowen, 1105 University Avenue; Dubuque Baseball Inc., East 4th Street (Athletic Field). CLASS "C" PERMIT Carl Van Duelman, 590 Seminary Street. Passed, adopted and approved this 3rd day of May, 1954. LEO N. SCHUELLER Mayor p. ~,~~ ''' 3 ,, a e ~~ ~: 'vt ~ i ~r .. ~:.~ :k 'muj 4 a: „~ ~~'. ~= I• ~:0~ 9~ K i i E by l y~ i -; i i~ ~yy,: jJ i IIIIIIR INlp 11 III I II I II i i ~ ~ n uoi. i~ ~ ~ ~ ~~ m~weMur~r ~. ~ ,.. -.~-a s1 3< 1" ~: '; Regular Session, May 3rd, 1954 341 EXCAVATION Andrew Fondell: Bond No. 28214 12 1006 52 United States Fidelity & Guaranty Co. SIDEWALK John P. Welter & Sons: Band No. 942464 - Hawkeye-Security Ins. Company John Bell: Western Surety Comp- any K-M Construction Co.: Bond No. 2064742 -Continental Casualty Company Eldon Marietta: United States Fi- delity & Guaranty Co. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kintzinger moved that the bonds and policy be placed on file subject to the approval of the City Solicitor. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kalb, Welu. Nays-None. May 3, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: + The petition of Paul Eisbach .and others requesting the installa- lion of a street light in the vicinity of Green Street and Alta Place was ° referred to the City Manager and Electrical Inspector for recQm- - mendation and report, ;~. After investigating the need for ~;,' alight at this intersection it is my recommendation that a light be in- stalled at Delaware and Alta Place and also at Delaware and Green "~ Street. Respectfully submitted, L. J. Schiltz, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- - A ti K' tzin er Kolb rx6m~a~r~ar~~'$"trordw.4fi~i"~,'A'~'~y,;. ~ ~,_~,;q.'. '.~.',''I~.I.~-'~... 342 Regular Session, May 3rd, 1954 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, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 189.54 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 Manager be and he is directed to issue to the following named ap- plicants aBeer Permit, CLASS "B" PERMIT Frank J. Fitzpatrick, 576 Cen- tral Avenue; William L. Beau- champ; 2319 Prince Street, Rich- ard Alderson, 1555 So. Grandview Avenue; Merlyn L. Weber, 1904 Central Avenue; Robert J. Bowen, 1105 University Avenue; Dubuque Baseball Inc., East 4th Street (Athletic Field), CLASS "C" PERMIT Carl Van Duelman, 590 Seminary Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby ap- proved. Passed, adopted and approved this 3rd day of May, 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- .-.. t~.~ e , ~-~r weer +b~' d ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 140.54 Whereas, the City of Dubuque has acquired Lot 2 of 1 of 1 of 2 of 2 of 1 of 2 of 1 of Highland Farm in the City of Dubuque, Iowa, for the widening of Kaufman Avenue west of Carter Road and said lot has not been dedicated for street purposes, Be It Resolved: That the City Council of the City of Dubuque hereby dedicates Lot 2 of 1 of 1 of 2 of 2 of 1 of 2 of 1 of Highland Farm in the City of Dubuque, Iowa for street purposes. Passed, adopted and approved this 3rd day of May, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN CHARLES A. KINTZINGER Attest: J. J. Shea City Clerk Councilman Kolb moved the adoption of the resolution and that the Deed and Plat be recorded with the County Recorder. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION N0. 191.94 Whereas, the City of Dubuque has acquired property to widen Kane Street from the East Prop- erty Line of Lot 1.1-1 of 2 of Min- eral Lot 345 to the West Property Line of Lot 1.1-1-2 of Mineral Lot 344, and said lots have not been dedicated for street purposes, Be It Resolved: That the City Council of the City of Dubuque hereby dedicates the following de- scribed lots for street purposes: Lot2ofSuboflofloflof2 of Mineral Lot 345. Lot 2 of Sub of Lot 2 of Lot 1 of Mineral Lot 344, Lot 2 of Sub of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 344. Lot 2 of Sub of Lot 2 of 1 of 1 of 1 of Kemp's Place, Lot 2 of Sub of Lot 1 of 1 of 1 of 1 of Kemp's Place. Regular Session, May 3rd, 1954 343 Lot2ofSubofLot2oflaflof Kemp's Place. Lot 2 of Sub of Lot 2 of 1 of 2 of 1 of Kemp's Place. Lot2ofSubafLotloflof2ofl of Kemp's Place. Lot 2 of Sub of Lot 2 of 2 of 1 of Kemp's Place. Lot 2 of Sub of Lot 1 of 1 of 2 of Mineral Lot 344. Passed, adopted and approved this 3rd day of May, 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 and that the Deeds and Plats be recorded with the County Recorder. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None. k ~ ; r' ~_ r k. Mr. John Cornelius addressed the Council submitting verbal com- plaint relative to the washing of cars at the service station at Hum- bolt Street and Rhomberg Avenue causing a mud condition in the gutter. Councilman Kintzinger moved that that verbal complaint of Mr. John Cornelius be referred to the City Manager, City Solicitor and Police Chief for investigation. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Austin moved that the City Manager be authorized to engage a rate consultant to assist in the matter of preparing an ordi- nance regulating gas rates and also to confer with any other groups covering safety measures which may be embodied in the gas ordinance. Seconded by Council- man Welu, Carried by the follow- ing vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu, Nays-None. There being no further business Councilman Kintzinger moved to adjourn. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None. J. J. Shea. City Clerk Approved ............................. 1954. Adopted .............................. 1954. .................................. Councilmen : .................................. Attest : ................................................. City Clerk ~I - - ~t~ f 344 Special Session, May 3rd, 1954 Board Of Health (OFFICIAL.) Special Session, May 3rd, 1954, Board met at 9:25 P.M. Present - Chairman Leo N. Schueller, Messrs Ruben V. Austin, Charles A. Kintzinger, Ray F. Kolb, Clarence P. Welu. Absent- Dr. A. J. Entringer. Communication of the Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, advising that the application of Mrs. Mary M. Fuchs to operate the Fuchs Trailer Park, 3201 Central Avenue, has been ap- proved for the calendar year 1954, .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, Char- les A. Kintzinger, Ray F, Kolb, Clarence P. Welu. Nays-None. Absent-Dr. A. J. Entringer. Communication of the Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, advising that the application of Frank C. Wieland to operate the Wieland Mobile Park, 3196 Central Avenue, has been approv- ed for the calendar year 1954, 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, Char- les A. Kintzinger, Ray F. Kolb, Clarence P. Welu. Nays=None. Absent-Dr, A. J. Entringer. Communication of the Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, advising that when certain deficiencies are eliminated at the Glasson's Mobile Home Park, 1000 Rockdale Road, that they may amend their application and another inspection will then be made, presented and read. Mr. Clarence P. Welu moved that the communication be received and .,. o- filed. Seconded by Mr. Ray F, Kolb. Carried by the following vote: Yeas-Chairman Leo N. Schuel- ler, Messrs Ruben V. Austin, Char- les A. Kintzinger, Ray F, Kolb, Clarence P. Welu. Nays-None. Absent-Dr. A. J. Entringer. There being no further business Mr, Clarence P. Welu moved that the Board of Health meeting ad• journ. Seconded by Mr, Ray F. Kolb, Carried by the following vote: Yeas-Chairman Leo N. Schuel- ler, Messrs Ruben V, Austin, Char- les 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, May 11th, 1954- 345 I; I ) f ~~ :" ~< !, the north property line of Southern CITY COUNCIL Avenue to a point 35 feet north of the south property line of Lot 1 (OFFICIAL.) of Lot 8 of E, Ryan's Sub have been approved by the City Council Special Session, May 11th, 1954. of the City of Dubuque and public Council met at 7:30 p.m. Present-Mayor Schueller, Coun- notice given as provided by Chap- cilmen Austin, Kintzinger, Kolb, ter 391 of the Code of Iowa, 1950, pertaining to public contracts and Welu. City Manager Schiltz. Meeting called by order of Mayor bonds, and the time and place fixed for the hearing of all objec- Schueller. Mayor Schueller read the call tions to said plans, specifications or contract for or cost of such and stated that service thereof had said time being this improvements been duly made and that this , 11th day of May, 1954; and meeting is called for the purpose of conducting a public hearing on Whereas, the City Council met notice of pendency of resolution of in special session this 11th day ~f necessity and hearing upon pro- form of ecifications s l d May, 1954, at 7:30 o'clock P.M. at the Council Chambers in the City , p ans, pose p contract and cost of improvement Hall for the purpose of hearing all for the installation of Boulevard interested parties and considering Lights on Grandview Avenue from any and all objections which have the north property line of Southern been filed to the proposed plans, Avenue to a point 35 feet north of specifications or contract for or the south property line of Lot 1 cast of the improvement herein de- of 8 of E. Ryan's Sub. and acting scribed and proposed to be made; on any other business as may properly come before a regular and Whereas, all interested parties meeting of the City Council. have been given an opportunity to Proof of publication, certified to be heard and all objections which by the publishers, of notice of have been filed have been duly pendency of resolution of necessity weighed and considered; now, and hearing upon proposed plans, therefore specifications, form of contract Be It Resolved by the City Coun- and cost of improvement for the cil of the City of Dubuque, that installation of boulevard lights on all objections which have been Grandview Avenue from the north made and filed to the plans, speci- property line of Southern Avenue fications, contract for or cost of to a point 35 feet north of the said improvement herein de- south property line of Lot 1 of 8 scribed and proposed to be made, of E. Ryan's Sub,, estimated cost be and the same are hereby over- $7,643.15, presented and read. No ruled and such plans, specifica- written objections filed and no ob- tions and form of contract hereto- jectors present in the Council fore approved are hereby adopted. Chamber at the time set for said Be It Further Resolved that this public hearing, Councilman Kolb resolution containing the decision moved that ,the proof of publics- of this Council upon all objections tion be received and filed. Second- which have been filed to the plans, ed by Councilman Welu. Carried specifications and form of contract by the following vote: for or cost of said improvement Yeas-Mayor Schueller, Council- be made a matter of permanent men Austin, Kintzinger, Kolb, record in connection with said im- Welu. provement. Nays-None. (Decision of Council upon object Passed, adopted and approved this 11th day of May, 1954, Lions to plans, specifications, form of contract and cost of im• TCHUELLER Y LEO provements. RESOLUTION N0. 192.54 o N WELU N KOLB RAY F Whereas, proposed plans and RUBEN V AUSTIN . specifications and form of contract tallation of Boulevard CHARLES A. KINTZINGER i ns for the Lights on Grandview Avenue from Councilmen , __._. ~.__ _ :..Y.:.::.., _ f y ~~ 346 Special Session, May 11th, 1954 Attest: J. J. Shea City Clerk. Councilman Kalb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION NO. 163.54 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 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. 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 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 Lot 1 of 8 of E. Ryan's Sub. 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 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• tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street improve- ment funds. Bonds shall be issued and sold in anticipation of defer- red payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered pl.ac• ed on file with the City Clerk this 20th day of April, 1954. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 11th day of May, 1954. Appmfed: 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, Council• men Austin, Kintzinger, Kolb, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 193.54 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of necessi- ty No. 163-54 which was duly passed by this Council, 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 Lot 1 of Lot 8 of E. Ryans Sub. be and the same are hereby ordered and constructed by this Council upon its awn motion. All the work shall be constructed in accordance with the plans and specifications here- tofore 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 ,p ) ., ', Special Session, May 11th, 1954 347 special assessments against the pri- Property Line of Groveland Street vately owned property lying within to the South Property Line of the assessable distance from the O'Neill Street. improvements, whether such prop- Carter Road from the North erty abut upon the same or are ad- property Line of Asbury Street to jacent thereto, according to the the South Property Line of Kauf- area thereof and in proportion to mann Avenue. the special benefits conferred, and Edina Street from the East Prop• any deficiency will be paid out of erty Line of Glen Oak Street to a the Street improvement, or funds point 250 feet East to existing of the city. Payment will be made Curb. toy the contractor out of funds Fairfax Avenue from the North realized from the sale of bonds to property Line of Lenox Avenue to be issued in anticipation of de- the South Property Line of Penn• ferred payments of assessments as s lvania Avenue. y provided by law after the work has been completed and accepted by Goethe Street from the West the City Council. Property Line of Burden Avenue Be It Further Resolved that the to the Alley West of Balke Street. City Clerk be and he is hereby or- Henry Street from the East Prop• dered and directed to advertise erty Line of Queen Street to the for proposals far the construction West Property Line of Windsor of the various improvements here- Avenue. in provided for in the manner pro- Indian Ridge from the South vided by law, the said improve- Property Line of Grandview Ave- ments shall be completed on or be- nue to the End of Indian Ridge, fore 30 calendar days after notice ' Karen Street from the West to proceed is issued, Property Line of Carter Road to a Be It Further Resolved that this ' point 140 feet West of the West resolution being deemed urgent Property Line of Kevindale Street. and of immediate necessity shall be I Kevindale Street from the North in force and effect from and after property Line of Karen Street to its passage and adoption by the , the South Property Line of Lin• City Council. dale Street. Passed, adopted and approved I Levi Street from the East Prop- this 11th day of May, 1954. erty Line of English Lane to the LEO N, SCHUELLER I West Property Line of Lorimer Mayor Street, CLARENCE P. WELU ~ McPoland Street from the North RAY F. KOLB property Line of Lenox Avenue to RUBEN V. AUSTIN the South Property Line of Penn- CHARLES A. KINTZINGER sylvania Avenue. Councilmen Attest: J. J. SHEA, Mineral Street from the West City Clerk Property Line of Gilliam Street to a paint 375 feet West. Councilman Kolb moved the Nebraska Street from the North adoption of the resolution. Second- property Line of Lenox Avenue to ed by Mayor Schueller. Carried by the East Property Line of McPo- the following vote: land Avenue. Yeas -Mayor Schueller, Coun• park Street from the West Prap- cilmen Austin, Kintzinger, Kolb, erty Line of Glen Oak Street to a Welu, point 168 feet West to existing Nays-None. Curb. Proof of publication, certified Poplar Street from the South- to by the publishers, of notice to west Property Line of Asbury contractors of the receipt of pro- Street to the Northeast Property posals for the following improve- Line of Finley Street. meet by installing concrete curb Prescott Street from the North and gutter on the following por- Property Line of Hamilton Street tions of the following named to the North property Line of Lot streets, to-wit: 550 of Hams Addition. (East side Brunswick Street from the South only.) ""w!~IA1 ' ~~, ,l fA i' ,, ~` , -i 1,,, ~ i i ,i ~; 348 Special Session, May 11th, 1954 Southern Avenue from existing curb 100' South of the South Prop- erty Line of Dunleith Street to a Peint 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~econd 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, presented and read. Coun- cilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kalb, Welu. Nays-None. May 11, 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, on May 11, 1954 for the construction of concrete curb and gutter far City of Dubuque 1954 Curb and Gutter Project No. 1. At- tached is the tabulation of bids re- ceived. I recommend that the contract be awarded to Schueller & Com- pany who submitted the lowest bid received which was 19.2% under the Engineer's estimate. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. _..._ _ ~~ f. ~ ~ (Awarding Contract) RESOLUTION N0. 194.54 Whereas, sealed proposals Gave been submitted by contractors for the following improvement by in- stalling 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 Pennsylvania 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 Lindale 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 Prop• erty Line of Glen Oak Street to a point 108 feet West to existing Curb• Poplar Street from the South- ~ Special Session, May 11th, 1954 349 west Property Lino 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. pursuant to Resolution No. 152.54 and notice to bidders published in a newspaper published in said City on Apri123rd, 1954 and Apri126th, 1954; and Whereas said sealed proposals ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 11th day of May, 1954. LEO N.SGHUELLER Mayor RAY F. KOLB CLARENCE P• WELU RUBEN V• AUSTIN CHARLES A. KINTZIlQGER Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb 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. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of Kane Street with concrete curb and gutter from the west prop- erty line of Primrose Street to the west end of Kane Street, present- ed and read. Councilman Kolb moved that the proof of publica- tion be received and filed• Second- ed by Councilman Welu. Carried by the following vale: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. were opened and read on May 11th, 1954, and it has been determined that the bid of Schueller & Com- pany of Dubuque, Iowa in the amount of $63,289.28 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the Gity Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Schueller & Company and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work• Be It Further Resolved, that up- on the signing of said contract and the approval of the contractors bond the City Treasurer is author- May 11, 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, on May 11, 1954 for the construction of concrete curb and gutter on Kane Street from the West Property Line of Primrose Street to the West End of Kane Street. I recommend that the contract be awarded to Schueller & Com- pany who submitted the lowest bid received which was 23.4% un• der the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Engineer Councilman Kolb moved that the recommendation of City Manager s I, w F rpp 6 i" a, r 4; ~, r,, ~: r~,i " ~II .._ , 350 Special Session, May 11th, 1954 Schiltz be approved. Seconded by Councilman Welu, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 195.54 Whereas, sealed proposals have been submitted by contractors 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 pursuant to Resolu- tion No. 148-54 and notice to bid- ders published in a newspaper pub- lished in said City on April 23rd, 1954 and April 26th, 1954; and Whereas, said sealed proposals were opened and read on May 11th, 1954, and it has been determined that the bid of Schueller & Com• pony of Dubuque, Iowa in the amount of $15,525.09 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Schueller & Company and the Man- ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete 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 author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 11th day of May, 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- ~ ~a~ x ,; . . .. , .. ~~~~~~ ~ ~ i, ,, ed 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 to con- tractors of the receipt of proposals for the improvement of Pennsyl- vania Avenue with concrete curb and gutter from Old Corporation Limits to the east property line of Chaney Road, presented and read. Councilman Kolb moved that the proof of publication be received and filed, Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, May 11, 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, on May 11, 1954 for the construction of concrete curb and gutter on Pennsylvania Avenue from Old Corporation Limits to the East Property Line of Chaney Road. Attached is the tabulation of Bids received, I recommend that the contract be awarded to Schueller & Com- pany who submitted the lowest bid received which was 20.6% under the Engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved, Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 196.54 Whereas, sealed proposals have been submitted by contractors for the improvement of Pennsylvania Avenue with concrete curb and gutter from old Corporation Limits to the East Property Line of Cha- 4 {, a 1` Special Session, May 11th, 1954 351 ney Road pursuant to Resolution No. 150-54 and notice to bidders published in a newspaper pub- lished in said City on April 23rd, 1954 and April 26th, 1954; and Whereas, said sealed proposals were opened and read on May 11th, 1954, and it has been determined that the bid of Schueller & Com- pany of Dubuque, Iowa in the amount of $10,635.15 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; nowthere- fore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned .improvement be awarded to Schuel- ler & Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque, for the com- plete performance of said work. Be It Further Resolved, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is autho- rized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adapted this 11th day of May, 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 Austin, Carried by the fallowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Notice of Claim of Le Roy Metz in the amount of $5.82 for damages to his car caused in striking a hole in the street on the River Front (Airport Anchor Inn), presented and read. Councilman Welu moved that the Notice of Claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Great Central Insurance Company Peoria, Illinois May 5, 1954 The City Clerk City Hall Dubuque, Iowa Subject: Policy No. 201781 Elmer C, Nagel 11th & White Street Dubuque, Iowa Dear Sir: This is to advise that a policy has been issued on the above number effective April 7, 1954, providing bodily injury and property damage liability at the premises located at the above address, We are marking our records to provide ten day prior notice of can- cellation, however, we assume no responsibility for failure to do so. Yours very truly, K. CASE, Asst, Underwriter. Councilman Kolb moved that the communication 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. Communication of the Dubuque County Department of Social Wel- fare stating that it would be ap- preciated if favorable considera- tion would be given by the City Council with respect to waiving any fee in connection with the granting of a current junking license to Har- vey Oswald, presented and read. Councilman Austin moved that the communication be referred to the City Solicitor for recommendation and report. Seconded by Council- man Kintzinger. Carried by the fol- lowing vcte: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Schwietering & Wallis requesting release of the Sidewalk Construction Bond of W. L, Hansel, ......., ...._.,-._,_..,_..,_- ._w~.W.,~~.L-,._.~.~.__ ('': j p_ i t i 1 a I, i I i -_~+ 352 Special Session, May 11th,, 1954 as he no longer needs this bond, presented and read. Councilman Austin moved that the request be granted and a proper release given as requested. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Albert Trumm and others requesting the erection of stop signs at the intersection of 29th & White Streets, presented and read. Councilman K i n t z i n g e r moved that the petition be referred to the Police Chief and Traffic De- partment for investigation and re- port. Seconded by Mayor Schuel- ler. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None, Petition of Volunteers of America requesting permission for the hold- ing of a tag day during either the month of June or July, 1954, pre- sented and read. Councilman Aus- tin moved that the petition be re- ferred to the City Manager for in- vestigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Dubuque Insulation & Siding Co. requesting permission to erect an attractive permanent type Fiberglass Awning over one half of the front of the building located at 189 Locust Street, presented and read. Councilman Welu moved that the petition be referred to the Building Commissioner and Fire Chief for their recommendation and report. Seconded by Council- man Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of John J. Bennett re- questing withdrawal of his name from a certain petition for the re- zoning of the area in the vicinity of 2550 Dodge Street, presented and read. Councilman Welu moved that the petition be referred to the plan- ,~~~~. ,,,t~, , ,~ Wing and Zoning Commission. Sec- onded by Councilman Kolb. Car• ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Lloyd Burkart and oth- ers remonstrating against a certain proposal to rezone the property known locally as 2500 to 2550 Dodge Street, Lots 4, 5, 6, 7, 8, 9, 10 and 11 of Burkart's Sub. to Multiple Family District Classification, pre- sented and read. Councilman Welu moved that the petition be referred to the Planning and Zoning Commission. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor Schueller, Coun• cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Petition of Jack Ohlsen and oth- ers strenuously opposing the re- zoning of the 2300 block on Univer- sity Avenue in order to permit the erection of a Dairy Queen stand, presented and read. Councilman Welu moved that the petition Abe referred to the Plan- ning and Zoning Commission, Sec- onded by Councilman Kolb, Car• ried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kalb, Welu. Nays-None. Petition of Conlon Construction Co. making application for per- mission to excavate in the streets and alleys of the City of Dubuque, presented and read. Councilman Welu moved that the request be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu, Nays-None. Petition of Robert W. Mallder and Albert Hanson requesting the construction of curb and gutter on Fillmore Street between Audubon Street and Adair Street, presented and read. Councilman Austin moved that the petition be referred to the City Manager. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: i .~, Special Session, May 11th, 1954 35~ Yeas-Mayor Schueller, Council- Yeas-Mayor Schueller, Council- Kolb i men Austin, Kintzinger, Kolb, , nger, Austin, Kintz W l Welu u . Nays-None. Nays-None. Petition of C. J. May, Jr. and ORDINANCE N0. 37-54 others requesting that the alley ~ Ordinance granting Ludmilla and/or street known as Davis raded and a permanent t b F. Klauer the right to construct d e g Stree d and t a sanitary sewer in Levi Street an e grade established, presen in portions of Gruber Place and read, uncilman Welu moved that the C Klauer Place; and providing the o the City d t terms and conditions thereof, pre- o petition be referre sented and read, Council to view the grounds, Sec• onded by Councilman Kolb. Car- Councilman Welu moved that ried by the following vote: the reading just had be considered Yeas---Mayor Schueller, Council- the first reading of the ordinance. men Austin, Kintzinger, Kolb, Seconded by Councilman Kolb. Car- Welu. ried by the following vote: Nays-None, yeas-Mayor Schueller, Council- ORDINANCE N0. 36-54 men Austin, Kintzinger, Kolb, An Ordiance Changing the Name Welu. of McLenan Street to. River Ridge, Nays-None. presented and read. h Councilman Welu moved that the e Councilman Welu moved that t an in i reading just had be considered the g r rules be suspended requ h first reading of the ordinance. - C b ree ordinance to be read on t arate days. Seconded by Coun- se ar . Seconded by Councilman Kol p Carried by the fol- cilman Kolb ried by the following vote: . Yeas-Mayor Schueller, Council- lowing vote: Kintzinger, Kolb, men Austin Yeas-Mayor Schueller, Council- , Wetu. men Austin, Kintzinger, Kolb, Nays-None. Welu. Councilman Welu moved that Nays-None. the rubs be suspended requiring ORDINANCE N0. 37.54 an ordinance to be read on three An Ordinance granting Ludmilla F• separate days. Seconded by Coun- Klauer the righc to construct a sanitary sewer in Levi Street and cilman Kolb. Carried by the f01- in portions of Gruber Place and and providing the Pl lOWing Vote: ncil• C ace; Klauer terms and condi`ions thereof. ou Yeas-Ma or Schueller, y Whereas Ludmilla F. Klauer of Du- men Austin, Kintzinger, Kolb, vtfo conaltrn~~ta bounci~Ifor'nuino~i~ Weln. . sanitary saver from the terminus of St - Nays-None, a the present sanitary sewer at tion 1+82.8 in Levi Street and along ORDINANCE N0. 38.54 Levi Street and over the easements gU e An Ordinance Changing the Name of McLenan Street to River Ridge. n following described lots over the of Dubuque, Dubuque Coun- Be It Ordained by the City Council ty Iowa of the City of Dubuque: Section 1. That the name of Mc- - t Lot 2 of Lot 1 of Gruber Place; Lot 2 of Lot 2; Lot 2 of Lot ] of Lot er Lenan Street from Its southerly minus at Tressa Street to its north- 2; Lot t of Lot 1 of Lot 2; Lot 2 of all in Klauer Place; 1 f Lot t 2 L erly terminus in Mississippi Heights be and the same is here- bdivision S , . o o te the same as a public o , u by changed to River Ridge. adopted and approved this Passed and ewer; Whereas the City Council 03 the of the opinion i , 11th day of May, A. D. 1954. LEO N. 6CHUELLER, Mayor s City oP Dubuque that the acceptance of such a sewer t interests of the. City of ho h CLARENCI P. WELD s e is in t Dubuque RAY F. KOLB RIIBEN V. AUSTIN KIN , NOW THF.R}!;FORF. BE IT OR- NC1I, T T T~ I CHARLES A. Counc Emen E: OF DUBi1QL C,TTY TH OF Section 1 That hudmilla F. Klauer Attest: J. J. Shea City Clerk l be and she is hereby granted the d ~ r t h Stree t in I evi Published officially in The Te sewe e- (~le pipe sanitary h-Herald newspaper this 17th day d across the easements hereinbe- ra g p of B~:ay, 1954. J. 7. SHEA, an fore described. all as shown on the rofile submitted to the City and l p an It May 17 City Clerk p Council of the City of Dubuque by the Councilman Welu moved the said I,ndmiua F. Iaanar under date i l adoption of the ordinance. Second ng ow - termsrana 'condiio son the fol That grantee agrees to construct ed by Councilman Kolb. Carried by a the following vote: . said sewer within one year from the ~' ~, c _; y. 354 Special Session, May 11th, 1954 date of the adoption of this Ordin- ance and to pay the entire cost there- of, including the cost of the res- toration of the surface of Levi Street and the grounds included in the above described easements; b. That said sewer shall be con- structed in accordance with plans ap- proved by the State Department of Health and the City Manager and under the supervision and direction of the City Manager and City Engin- eer; c. That grantee will enter into a contract for the construction of said sewer with a qualified contractor, which contract will, among other things, contain a clause requiring the contractor to obtain all necessary per- mits, including excavation permits, re- quired by the City of Dubuque, or any other governmental agency a clause obligating the contractor and hie bondsmen to keep said sewer in good repair for a period of not less than twe years from the date oP the acceptance of the work, and a clause requiring the contractor to furnish a surety bond with the City oP Du- buque named as one of the obligees, guaranteeing the faithful performance of said contract; d. That upon the completion of said sewer and the acceptance of the same by the City Council said sewer shall become a public sewer under the exclusive charge and control of the City of Dubuque, and its free use as such shall not be interfered with by grantee or her successors or assigns. Section 2. That the authority grant- ed herein shall terminate on August 1st, 1954, unless the terms and con- ditions of this Ordinance are accepted in writing by the grantee prior to that date. Section 3. Thts Ordinance shall be in fall Yorce and effect from and after its final passage, adoption and publication as provided by law. Passed, adopted and approved this 11th day of May, A. D., 1954. LEfi N. SCHUELLER Mayor CLARENCE P. 4VELU RAY F. KOLB Ri1BEN V. Ai7STIN CHARLDS A. KINTZINGER Councilmen Attest: J. J. SHEA City Clerk ACCEPTANCE OF ORDINANCE N0. 3T-54 Ludmilla F. Klauer of the City of Dubuque, Dubuque County, Iowa, hav- ing full knowledge and understanding of all the teens and conditions of Ordinance No. 37-54 hereby accepts the same as passed and agrees to comply with dll the terms and condi- tions thereof. Accepted this 13th day of May, A. D. 1954. Published off[eially in The Telegraph- Herald newspaper this 17th day of May, 1954. J J. SHEA lt. 5-17 City Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, K~ttzinger, Kolb, Welu. Nays-None, May 10, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Truck traffic using the marked highways have been having difficulty at Fourth Street on Central, Main and Locust, This is due to the steep incline at Fourth and Main, also the necessity of wide turns at Fourth and Central and Fourth and Locust. The condi- tions are aggravated during per- iods of icy weather. I recommend that alternate city truck routes be established as fol- loWS: South on Central to Third Street, West on Third Street to Iowa Street, South on Iowa to Second Street, West on Second to Locust Street. South on Main to and from Sec- ond Street to Railroad Avenue and West on Railroad Avenue to South Locust Street. Respectively submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Austin. Car• ried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None. ORDINANCE N0. 38-54 Ordinance Amending Ordinance No. 33-~19, as amended by Ordin- ance No. 11-52, by repealing Sec• tion 15.28 thereof relating to motor truck routes and enacting a sub- stitute therefor, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Sec• onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Schueller, Council- men 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, Council- men Austin, Kintzinger, Kolb, Welu, Nays-None, 1 Special Session, May 11th, 1954 355 ORDINANCE N0. 38.54 ~ 33~ 49nc asAamended by ~nOrdinance No. 11-52, by repealing Section 15.28 thereof relating to motor truck routes and enacting a substitute therefor. Be it Ordained by the City Council of the City of Dubuque. Iowa: Section 1. That Section 15.28 of Ordinance No. 33-49 6e and the same is hereby repealed and the following enacted in lieu thereof: "1i~.28 Motor carriers shall travel aver marked highways when operated tvithin the City limits and shall not depart therefrom except that any motor carrier whose destination is in the City may depart from such high- reay at that point on the highway nearest to its destination and then proceed dirzctly to such destination and any motor carrier whose trip originates within the City may travel by the moat direct route to that point~ on amarked highway nearest to such l oint of origin; provided, however, that motor carriers may also traverse the following alternate routes: Alternate No. 1: Commencing at the intersection of Fourth Street and Central Avenue, thence south on Cen- tral Avenue to Third Street; thence west on Third Street to Iowa Street; thence south on Iowa Street to Sec- ond Street; thence west on Second Street to Locust Street. Alternate No. 2: Commencing at the intersection of Fourth Street and Central Avenue, thence south on Cen- tral Avenue to Third Street; thence west on Third Street to Iowa Street; thence south on Iowa Street to Sec- ond Street; thence west on Second Street to Main Street; thence south on Maln Street to Railroad Avenue; thence west on Railroad Avenue to South Locust Street:' Section 2. This Ordinance shall be in full Corce and effect from and after its final passage, adoption and publication as by law Provided. Introduced the 11th day of May, 1954. Rule requiring reading on three mousavote the llth~dayeof May, 1954. Passed, adopted and approved this 11th day of May, 1954. LEO N. SCHUELLER, Mayor CLARENCE P. 1VELU RAY F. KOLB RUBEN V. AUSTIN CHARLES A. KINCounc me^ Attest: J. J. Shea City Clerk Published offmiallY in The Tele- graph-Herald 1954 wspaper this 17th day of Mas', J. J. SHEA, It 11Iay 17 City Clerk Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Schueller, Council- men Austin, Kintzinger, Kolb, Welu. Nays-None. May 11, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is a copy of a warranty deed conveying Lots 2 of 8 of Smyth's Subdivision and Lot 2 of 2 of 1 of Smyth's Subdivision to the City of Dubuque for street pur- poses. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Kolb moved that the Warranty Deed be accepted and recorded with the County Record- er. Seconded by Councilman Welu. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. May 11, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The terms of John F. Carroll and Irvin Oeth on the Planning and Zoning Commission expire May 24th. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that Mr. John F. Carrol and Mr. Irvin Oeth be re-appointed as members of the Planning and Zoning Commission for terms of five years each, said terms expiring May 24, 1959. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. 'May 11, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policies and bonds and desire to have your ap- proval on same for filing, subject to the approval of the City Solici• tor: EXCAVATION Conlon Construction Company, 240 Railroad Avenue, Policy No. I ', f ~,.. F ~~;. j ~r~~ 356 Special Session, May 11th, 1954 Y-206,835, Lumbermen's Mutual Casualty Co. A. Fondell & Sons, 2570 Shiras Avenue, Policy No. MCS 10313, United States Fidelity & Guaranty C.o A. Fondell & Sons, 2570 Shiras Avenue, Policy No. SMC 203385, United States Fidelity & Guaranty Co. C. G. & Ray McDonnell, 847 Kauf- man Avenue, Policy No. GPL- 1457781, Continental Casualty Com- pany. SIDEWALK Heitzman Construction Company, Fidelity & Casualty Co, of New York, Vern Simon, Merchants Mu- tual Bonding Co. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Welu moved that the Policies and Bands be placed on file subject to the approval of the City Solicitor. Seconded by Councilman Kolb, Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. May 11, 1954 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of the Hawk- eye Security Company relative to the release of the excavation bond cf Ideal Plumbing and Heating Company was referred to the City Manager for investigation and re- port. The Ideal Plumbing and Heating Company has on file a proper lia- bility insurance policy protecting the City of Dubuque and according to the city ordinance, no bond is required. I recommend that the bond be released. Respectfully submitted, L. J. SCHII.TZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Wolu. Nays-None. o ~I RESOLUTION N0. 191.54 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 Donald Brewer, 185 Main Street Ernest Latham, 1499 Jacksbn Street Erwin Hafeman, 2370 Rhomberg Avenue Be It Further Resolved that the bonds Filed with the applications be approved. Passed, adopted and approved this 11th day of May, 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 Kintzinger. Car- ried by the following vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. RESOLUTION NO. 198.54 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the 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 Address Donald Brewer, 185 Main Street Dell Warren and Ralph Warren, 1700 Central Avenue Martin M. Meyer and Vernon Mey- er, 530 East 22nd Street Noah McNamer, 216 West First Street Harry N. Gantert and Lucile Gan- tert, 1301 Rhomberg Avenue Special Session, May 11th, 1954 357 CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Club, 111 West 6th Street CLASS "C" PERMIT Earl T. Avery, 1602 Lincoln Avenue Ernest Latham, 1499 Jackson Street R. Daniel Winders, 2204 Central Avenue Passed, adopted and approved this 11th day of May, 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. RESOLUTION N0. 194.54 y: 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 comr 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 J; Manager be and he is directed to issue to the following named ap• plicants a Beer Permit. 1 :: CLASS "B" PERMIT '" Name Address ^' Donald Brewer, 185 Main Street Dell Warren and Ralph Warren, 1700 Central Avenue i '?. Martin M. Meyer and Vernon Mey- ~ er, 530 East 22nd Street Noah McNamer, 216 West First Street Harry N. Gantert and Lucile Gan- tert, 1301 Rhomberg Avenue '' CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Club, 111 West 6th Street CLASS "C" PERMIT Earl T, Avery, 1602 Lincoln Ave- nue Ernest Latham, 1499 Jackson Street R. Daniel Winders, 2204 Central Avenue Be It Further Resolved that the bonds filed by such applicants be and tine same are hereby approved. Passed, adapted and approved this 11th day of May, 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. RESOLUTION N0.20454 Preliminary approval of proposed plans, specifications, plat and schedule, including valuations ap- pearing thereon and all other doc- uments for the improvement of West Thirty-second Street with as- phaltic macadam surfacing from the west property line of Central Avenue to the east property line of Lemon Street, estimated cost $1,528.85, 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. (Necessity for Improvement) RESOLUTION N0.201.54 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, ...~.,e~•____ -_ _-~__ _ __-~_.~w _ _ - -._ _ _ ~i~~qi a ~' ,~ p"" g, 1b - _.__ , "'"`"~ '~; i ~i ~i u R~ 358 Special Session, May 11th, 1954 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 West Thirty-second Street with asphaltic macadam sur- facing from the west property line of Central Avenue to the east prop- erty line of Lemon 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 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 awned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment cost shall be paid out of the street improvement 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 11th day of May, 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 Kolb moved that the resolution be approved and placed on file with the City Clerk. Second- ed 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. 202.54 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution Na. 200-54 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 public inspection, for the improve- ment of West Thirty-second Street with asphaltic macadam surfacing from west property line of Central Avenue to the east property line of Lemon Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 7th day of June 1954, a pub- lic hearing will be held at 7:30 o'clock P.M. daylight saving time in the Council Chamber in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and at the same time to the boundaries of the proposed district, to the cast 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 some newspaper pub• k Special Session, May 11th,, 195_ 4 _ 359 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 un- less property owners at the time of final consideration of said resolu• lion 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 11th day of May, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN C~gLES 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, I{intzinger, Kolb, Welu. Nays-None. onded by Councilman Kintzinger. Carried by the following vote: Yeas -Mayor 'Schueller, Coun- cilman Austin, Kintzinger, Kolb, Welu. Nays-None. Council recessed at 8:35 P. M. and reconvened at 8:50 P. M. Councilman Welu moved that the Mayor be directed to issue a Proclamation setting forth Daylight Saving Time for the City of Du- buque commencing Sunday, May 16th, 1954 at 2:00 A. M. and to ter- minate the last Sunday of Septem- ber, the 28th day of September, 1954 at 2:00 A. M. and that the official time for all departments of the City of Dubuque be ad• vanced one hour ahead of Central Standard~ay 16th, 1954 and that Sunday, the hour of 2:00 A.M. on Sunday, September 26th, 1954 the official time for all departments of the City of Dubuque be retarded one hour and returned to Central Standard Time. Seconded by Coun- cilman Kolb. Carried by the follow- ing vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. Councilman Welu moved that all Petitions of Dubuque Industrial communications, petitions and post Union Council CIO; Thermo Elec• cards for and against Daylight Sav- tric Mfg. Co. employees; A. Y. Mc- ing Time be received and filed. Donald Mfg, Co. employees; Nurre Seconded by Councilman Kolb. Car- Com~panies employees; Bunker Hill ri Yeas theM y r 1Schueller, Coun- Men's Club; Mary J. Vanderberg and others; Douglas C. Taylor and cilmen Austin, Kintzinger, Kolb, others; Marvin Nielsen and others. Welu. 1743 Post Cards favoring Daylight Nays-None. Saving Time, also the petition of April 29, 1954 Post Office employees; Mr. L. Han. Mayor and Members Maure; Petition of Drive-In Thea- of the City Council, tre Corporation and 45 Post Cards City of Dubuque, Iowa not in favor of Daylight Saving Gentlemen: Time, also. the Communication od You have referred to this office Retail Merchants Bureau advising the request of Joseph Eicher for that whatever action is taken by the enactment of an Ordinance au• the City Council on Daylight Sav thorizing placing benches at bus ing Time will be favorable to the stops with advertising matter there- Bureau, presented and read. After on. a lengthy discussion on the mat- I have had several conferences ter of Daylight Saving Time for with the attorney for the appli- the City of Dubuque Councilman cant and made an extended exam Welu moved that Council recess ination a~f the law on the matter for ten minutes to go into execu• and can find no authority for such live session to consider the ques• an ordinance. lion of Daylight Saving Time. Sec- I do find, however, that the ~) Special Session, May 11th, 1954 Courts of Illinois, Alabama, Mis- souri, Kansas and New York have universally held that the city has no authority to authorize the use of streets for advertising purposes (excepting the signs displayed by the occupants of the abutting prop- erty) even though the revenue from such signs might defray, ~in whole or in part, the expense of some municipal service, such as waste disposal containers, traffic signals or parking meters. I also find that -the City Attor- tteys of Columbus, Ohio and Mil- waukee, Wisconsin, in considering such an application as this have both held these benches to come under the prohibition of the above cases. I understand that in some Iowa cities such benches are now in use but, so far as I can learn, the le- gality of the matter Chas never been considered in these cities. The objection of the law goes to the advertising and not the bench- es and you do have authority to au- thonize placing benches at bus stops. In view of the above conclusions I have not studied any other as- pects of the proposed Ordinance. Respectfully, T. H. Nelson Councilman Austin moved that the communication of City Solicitor Nelson be referred to the City Manager and City Solicitor to con- fer with the interested petitioners. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Schueller, Coun- cilmen Austin, Kalb, Welu. Nays-None. Councilman Kintzinger not vot- ing, Communication of Mrs. Martha Jean Kintzinger submitting her resignation as a member of the Playground and Recreation Com- mission, presented and read. Coun- cilman Kolb moved that the com- munication be referred to the City Council. Secronded Eby Councilman Welu. Carried by the fallowing vote: Yeas - Mayor Schueller, Coun- cilmen Austin, Kintzinger, Ko'~ Welu. Nays-None. There being no further business Councilman Welu moved to ad- journ. Seconded Eby Councilman Kolb. Carried by the following vote: Yeas -Mayor Schueller, Coun cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. J. J. SHEA, City Clerk Approved .................................. 1954. Adopted .................................... 1954, Councilmen: Attest : .................................................. City Clerk )~egdlar session, June 7th, 1954 361 arv couwcn (OFFICIAL) Regular Session, June 7th, 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 far 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 neces- sity and bearing upon proposals, y` plans, specifications, form of con- `;' tract and cost of improvement for the improvement of West 32nd Street with asphaltic macadam sur- facing from the west. property line of Central Avenue to the east property line of Lemon Street, es- timated cost $1,526.85, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said public hearing. Coun- cilman Kolb moved that the proof of publication be received and filed. Seconded Eby Councilman Welu. Carried by the following vote: Yeas -Mayor 5chueller, Coun- cilmen Austin, Kintzinger, Kolb, Welu. Nays-None. (Decision of Council upon objec• i Lions to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0.203.54 Whereas, proposed plans and specifications for the improve- ment of West Thirty Second Street from the west property line of Central Avenue to the east proper- ty line of Lemon Street with 'as- phaltic macadam surfacing have y been approved by the City Coun- cil of the City of Dubuque and pub- lic notice given as provided by Chapter 391 of the Code of Iowa 1950 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob ~i jections to said plans, specifics r ' tions or cost of such improvement said time being this 7th day o June, 1954: and Whereas, the City Council met in regular session this 7th day of June, 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 cast 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, specifica- tions or cost of said improvement herein described and proposed to be made, be and the same are here- by overruled and such plans, speci- fications heretofore approved are hereby adapted, Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications for or cost of said improvement be made a matter of permanent record in connection with said improvement. Passed, adapted and approved this 7th day of June, 1954. LEO N. SCHUELLER Mayor CLARENCE P. WELD RAY F. KOLB RUBIN 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, Kolb, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 201.54 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 f the office of the City Clerk showing among other things the following: ,, ^,, If ~~! ( ' ~,,;~ ,,. kt S4 ~~ ~~ `k' ;F¢; s hF~f,' ~~`i+~