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1951 March Council Proceedings `e~ ''~ Regular Session, March 5, 1951 153 City Council (OFFICIAL) Regular Session, March 5th, 1951, Council met at 7:30 P.M. Present-Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Acting City Manager Shea. Mayor Welu stated that this is the regular monthly meeting of, the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of hearing on the plans and specifi- cations, form of contract and cost of improvement for the improving of Balke Street from the north property line of Link Street to the south property line of Lawther Street, estimated cost $2,833.89, presented and read. Mayor Welu moved ~ that the proof of publication be received and filed. Seconded by Council- man Austin. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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 improving of Balke Street from the north property line of Link Street to the south property line of Lawther Street, presented and read, Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Decision of Council upon objec• Lions to plans, specifications, form of contract and cost of improve~ ments.l RESOLUTION N0. 96-51 Whereas, proposed plans and specifications and form of con• tract for the improvement of Balke Street From the north property line of Link Street to the south pro- perty line of Lawther Street have been approved by the City Coun- cil of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, spe- cifications or contract for or cost of such improvements, said time being this 5th day of March, 1951, and Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be it resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled aad such plans, specifications and form of contract heretofore approved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of con- tract for or cost of said improve- ment be made a matter of per• manent record in connection with said improvement. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec• 154 Regular Session, March 5, 1951 onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Necessity for Improvement) 'RESOLUTION N0. 39-51 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 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 improced. 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, stat- ing the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Balke Street from the north property line of Link Street to the south property line of Lowther Street. Be it therefore resolved that the City Council on its own mo- tion or upon petition of property owners, 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 assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications 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 pro- perty 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 general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of defer- red payments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Mayor Welu moved the adop- tion of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Ordering Construction) RESOLUTION N0. 97-51 Be it resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 39-51 which was duly passed by this Council, for the im- provement of Balke Street from the north property line of Link Street to the south property line of Lowther Street be and the same are hereby ordered and construct- ed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that the cost and expense of the said im- provements be paid for by levy- v Regular Session, March 5, 1951 155 ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be it further resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro• vided by law, the said improve- ments shall be completed on or be- fore 30 calendar days after notice to proceed is issued. Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Russo .moved the adoption of the resolution. Sec- onded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publisher, of notice of hear- ing on the plans and specifications, form of contract and cost of im- provement .for the improving of Finley Street from the south pro- perty line of University Avenue to the north property line of West Street, estimated cost $4,127.56, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed, Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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- proving of Finley Street from the south property line of University Avenue to the north property line of West Street, presented and read. Councilman Russo moved that the proof of publication be received and filed. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of imprrove• menu.) ' RESOLUTION N0. 98-51 Whereas, proposed plans and specifications and form of contract for the improvement of Finley Street from the south property line of University Avenue to the north property line of West Street have been approved by the City Coun- cil of the City of Dubuque and pub• lit notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of cost of such improvements, said time being this 5th day of March, 1951; and Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:00 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con• tract for or cost of the improve- ment herein described and pro- posed to be made; and 156 Regular'Session, March 5, 1951 ,t Regular Session, March 5, 1951 157 Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be it resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cast of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council ugon all objections which have been filed to the plans, specifications and form of con• tract for or cost of said improve- ment be made a matter of per• manent record in connection with said improvement. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION N0. 42-51 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. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Finley Street from the south property line of Uni- versity Avenue to the north pro- perty line of West Street. Be it therefore resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount pro- vided by law, property will be as- sessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was fi- .~ =~". pally passed and adopted, as pro- posed, by the City Council this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA: City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Ordering Construction) RESOLUTION N0. 94-51 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 42-51 which was duly passed by this Council, for the improve- ment of Finley Street from the south property line of University Avenue to the north property line of West Street be and the same are hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore 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 pri• vately owned property lying within the assessable distance. from the improvements, whether such prop- erty abut upon the same or are ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of ssessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore 30 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA: City Clerk. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of hear- ing on the plans and specifications, form of contract and cost of im- provement for the improving of Garfield Avenue (West Side) from the north property line of Emer- son Street to the south property line of Roosevelt Street, estimated cost $1,170.21, presented and read. Councilman Kolb moved that the proof of publication, be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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- proving of Garfield Avenue (West Side) from the not•th property line of Emerson Street to the south property line of Roosevelt Street, presented and read. Councilman Austin moved that the proof of publication be re- 158 Regular Session, March S, 1951 ceived and filed, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ment.) RESOLUTION N0. 1001 Whereas, proposed plans and specifications and form of contract for the improvement of Garfield Avenue (Nest Side) from the north property line of Emerson Street to the south property line of Roose• velt 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 or contract for or cost of such improvements, said time being this 5th day of March, 1951; and Whereas, the City Council met in regular session This 5th day of March, 1.951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con• sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J, J. SHEA: City Clerk. Councilman Russo moved the adoption of the resolution Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION N0. 4551 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 boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Garfield Avenue (West Side) from the north prop- erty line of Emerson Street to the south property line of Roosevelt Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final e~ _~ p Regular Session, March 5, 1951 159 consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and None in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance pro- vided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improve- ment feuds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUS5O, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. (Ordering Construction) RESOLUTION N0.101-51 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 45--51 which was duly passed by this Council, for the improvement of Garfield Ave- nue (West Side) from the north property line of Emerson Street to the south property line of Roosevelt Street be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. 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 awned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals far the construction, of the various improvements here- i~} provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 10 days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. 160 Regular Session, March 5, 1951 Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Russo moved the adoption of the resolution, Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Welu, Councilmeu Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of hearing upon the plans and specifi- cations, form of contract and cost of improvement for the improving of Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street, estimated cost $3,025.74, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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 im- proving of Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street, presented and read. Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Maybr Welu, Councilmeu. Austin, Kolb, Russo, Schueller. Nays-None, (Decision of Council upon obje~~ lions to plans, specifications, form of contract and cost of improve~ ments.) RESOLUTION N0. 102-51 Whereas, proposed plans and specifications and form of contract far the improvement of Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street have been approved by the City Council of the City of Dubuque and public notice ~ given as pro- vided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi- cations or contract for or cost of Bach improvements, said time, being this 5th day of March, 1951; and Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and era- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Furthers Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adapted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor, '"', Regular Session, March 5, 1951 It ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. (Necessity for Improvement) RESOLUTION N0. 48-51 Whereas, proposed plans, specifi• cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now an file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any, 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as• sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Groveland Place from the west property line of Sheridan Street to the east prop- erty line of Burden Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be co strutted and done in accordan with plans and specifications whip have been prepared therefor I the City Engineer which have bey approved by the City Council a~ are naw on file with the Ci Clerk. That the cost and expen of making said improvement w be assessed upon and against all privately owned property lying within assessable distance pro- vided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improve- ment funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company, The above resolution was intro- duced and ordered placed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec• onned by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, (Ordering Construction) RESOLUTION N0. 103-51 Be It Resolved by the City M~ __ 162 Regular Session, March 5, 1951 \~ Council of the City of Dubuque that pursuant to a resolution of necessity No. 48-51 which was duly passed by this Council, for the improvement of Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adapted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of said improve- ments 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 are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before Zl calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. CHEA, City Clerk, Mayor Welu moved the adoption of the resolution. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of hearing on the plans and specifi- cations, farm of contract and cost of improvement for the improving of King Street from the south curb line of Broadway to the north curb line of Fulton Street, estimated cost, $11,165.41, presented and read. Councilman Austin moved that the proof of publication be re• ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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 im- proving of King Street from the south curb line of Broadway to the north curb line of Fulton Street, presented and read. Councilman Russo moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im- improvements.) RESOLUTION N0. 104-51 Whereas, proposed plans and specifications and form of contract Regular Session, March 5, 1951 163 for the improvement of King Street From the south curb line of Broadway to the north curb line of Fulton 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 con- tract for or cost of such improve- 3 meats, said time being this 5th day of March, 1951. and Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:30 o'clock P. M, at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- . tract for or cast of the improve- meat herein described and pro- posed to be made; and Whereas, all interested parties ' have been given an opportunity to be heard and all objections which have been filed have been duly `". weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein des- cribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and form of contract here- . 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 and form of con- - tract for or cost of said improve- ment be made a matter of per- manent record in connection with said improvement. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, + Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, (Necessity for Improvement) RESOLUTION N0. 51-51 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. The width of such improve- ment. 4. Each lot proposed to be as• sessed together with a valuation by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of King Street from the south curb line of Broadway to the north curb line of Fulton Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- res, deems it advisable and neces- saryfor the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council e -~ ~. ,y. ,,. r . ... , e. t n ~ r . rt~~ M e~1MlY1~'~'to'~'.rrl+,!~~M,c~Hr~rd'A'md1'!, 164 Regular Session, March 5, 1951 and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance pro- vided by law and in an .amount not to exceed the amount pro- vided by law, property will be as- sessed whether the same abuts thereon or is adjacent thereto ac- acording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was finally passed and adapted, as pro- posed, by the City Council this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Russo moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Ordering Construction) RESOLUTION N0. 105-51 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 51-51 which was duly passed by this Council, for the improvement of King Street from the south curb line of Broad- way to the north curb line of Fulton Street be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion; to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be"It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 30 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELD, Mayor, ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- - ti ... ~ . , . ,, ,, ,. , ~ ~ . ,. ~ ~~s ~x~srae~s~~N V, Regular Session, March 5,,1951 165 onned by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. Proof of publication, certified to by the publishers, of notice of hearing upon the plans and speci- fications, farm of contract and cost of improvement for the im- proving of McLenan Street from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue, estimated cost $2,493.43, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, 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 improving of McLenan Street from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas--Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im- provements.) RESOLUTION N0.106-51 Whereas, proposed plans and specifications and form of contract for the improvement of McLenan Street from the north property line: of Tressa Street to the south pro- perty line of Mt. Loretta Avenue have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, speci- fications or contract for or cast of such improvements, said time being this 5th day of March, 1951; and Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas. all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein des- cribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and farm of contract 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 and form of contract for or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. 166 Regular Session, March 5, 1951 Regular Session, March 5, 1951 167 (Necessity for Improvement) RESOLUTION N0. 54-51 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. 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, stat- ing the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, far the improvement of McLenan Street from the north property line of. Tressa Street to the south property line of.Mt. Loretta Avenue. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own• ers, deems it advisable and neces- saryfar the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- ante 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 general fund, improvement funds or sewer funds, or partly out of each of said funds, Bands shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street ar assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of February, 1951. The Foregoing resolution was finally passed and adapted, as proposed, by the City Council this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SI3EA, City Clerk. Councilman Schueller moved the adoption of the resolution. Sec• owded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None. (Ordering Construction) RESOLUTION N0. 107-51 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No, 54-51 which was duly passed by this Council, for the improvement of McLenan Street from the north property line of Tressa Street to the south property line of Mt, Loretta Avenue be and the same are here- by ordered and constructed by this Council upon its own motion and with or without the petitioa of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lyinb within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and 'any deficiency will be paid out of the general, improvement, ar sewer funds of the city, ar partly from each of such funds, Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here• in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 21 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in farce and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor, ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LE0 N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Russo moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of hearing on the plans and specifi- cations, form of contract and cost of improvement far the improving of Marion Street from the west property line of Fremont Avenue to the end of Marion Street, esti- matedcost $8,874.93, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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 improving of Marion Street from the west property line of Fremont Avenue to the end of Marion Street, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Mrs. Kennicker addressed the Council objecting to the improve- ment of Marion Street as there are no persons living on the street and only three houses on this street. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 106-51 Whereas, proposed plans and specifications and form of contract far the improvement of Marion Street from the west property line of Fremont Avenue to the end of Marion 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 or contract for or cost of such improvements, said time being this 5th day of March, 1951; and 168 Regular Session, March 5, 1951 Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con• tract far or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein des- cribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and form of contract 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 and farm of contract for or cost of said improvement be made a matter of permanent record in connection with said im• provement. Passed, adopted and approved this 5th day of March, 1951, CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION N0. 57-51 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 boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve~ went. 4. Each lost proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the improvement of Marion Street from the west property line of Fremont Avenue to the end of Marion Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance pro- vided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improve- ment funds or sewer funds, or Regular Session, March 5, 1951 169 partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 5th day of March, 1951. CLARENCE P. WELD, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Ordering Construction) RESOLUTION N0. 109-51 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 57-51 which was duly passed by this Council, far the improvement of Marion Street from the west property line of Fremont Avenue to the end of Marion Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adapted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 30 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passe, adopted and approved this. 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Russo moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of hearing upon the plans and specifi- cations, form of contract and cost of improvement for the improving of Mt, Vernon Court from the west property line of South Grandview Avenue to the end of the street, estimated cost $9,519.38, presented and read. °~~~ ~I 170 Regular Session, March S, 1951 Councilman Kolb moved that the proof of publication be received and filed. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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 improving of Mount Vernon' Court from the west property line of South Grandview Avenue to the end of the street, presented and read. Councilman Kalb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 1101 Whereas, proposed plans and specifications and farm of con• tract for the improvement of Mount Vernon Court from the west property line of South Grand- view Avenue to the end of the street have been approved by the City Council of the City of Du- buque 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 far the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 5th day of March, 1951; and Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:30 o'clock P,M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein des- cribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and form of contract 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 and form of contract for or cost of said improvement be made a matter of permanent re- cord in connection with said im- provement. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sea onded by Councilman Austin. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION N0. 60-51 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 boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- . ment. Regular Session, March 5, 1951 171 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, stating the same for each different type of construction and kind of material to be used. ' 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Mount Vernon Court from the west property line of South Grandview Avenue to the end of the street. Be It Therefore Resolved that the City Council an its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of they proposed assessments, they shall be deemed to have waived all ob- jections thereto, Said improvements 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 cast and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within essessable 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, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None. - March 5, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In connection with the public hearing scheduled March 5, 1951 on the proposed improvement of Mt. Vernon Court and installation of sanitary sewer for Mt. Vernon Court, the following pertinent in- formation is submitted for your consideration: 1. Under the conditions of Reso- lution No. 60-37, approving the plat of Mt. Vernon Court, it is re- quired that waivers be obtained from the affected property owners before any improvements are con- structed in Mt. Vernon Court. 2. The required waivers were prepared and distributed during the month of January. 3. No waivers have been filed with the City Clerk. It is recommended, therefore, that the hearing be held on the proposed improvements but that the passage of the Resolution ordering construction be deferred until such time as the waivers have been executed and filed by the affected property owners. Respectfully submitted, R. J. Gallagher, City Engineer. _ ... r .. ,. - . ~ ,.~ R • ~ ~~s,q:~r'ta-~.e-i~ 8 s ~rh y +•?4'1'~'ak''.b'#~NAY 11~`$! ~~. ,. 172 Regular Session, March S, 1951 Councilman Austin moved that the recommendation of City En- gineer Gallagher be approved Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. Proof of publication, certified to by the publishers, of notice of hearing upon the plans and speci- fications, form of contract and cost of improvement for the im- proving of Napier Street from the east property line of Foye Street to a point 300 feet west, estimated cost $2,537.67, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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 cast of improvement far the improving of Napier Street from the east property line of Foye Street to a point 300 feet west, presented and read. Councilman Kolb moved that the proof of publication be received and fled. Seconded by Council- man~ustin. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Mr. Arnie Stierman addressed the Council stating that the peti- tion for the improvement of Napier Street requested that the improvement be made to Hemp- stead Street. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 111-51 Whereas, proposed plans and specifications and form of contract for the improvement of Napier Street from the east property line of Foye Street to a point 300 feet west have been approved by the City Council of the City of Du- buque 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 contract for or cast of such improvements, said time being this 5th day of March, 1951; and Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con• tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein des- cribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and form of contract 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 and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the Regular Session, March 5, 1951 173 adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. ( Necessity far Improvement) RESOLUTION N0. 63-51 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 fallowing: 1. The boundries of the district, ,~ ~, .,h if any. 2, The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as• sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, far the improvement of Napier Street from the east property line of Foye Street to a point 300 feet west. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces• sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final 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- 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• ante 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 general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 5th day of March, 1951. CLARENCE P. WELU, Mayor, ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J, J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: . Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. (Ordering Construction) RESOLUTION N0. 111-51 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 63-51 which was duly passed by this Council, for the improvement of Napier Street from the east property line of Foye Street to a paint 300 feet west be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of 4 , . _ ,_ . , 174 Regular Session, March 5, 1951 property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said 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 are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 10 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day of March, 1951, CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of hearing upon the plans and speci- fications, form of contract and cost of improvement for the improving of St. Joseph Street from the west property line of Fremont Avenue to the east property line of Stet- more Street, estimated cost $3,- 029.98, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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 improvment for the improving of St. Joseph Street from the west property line of Fremont Avenue to the east prop- erty line of Stetmore Street, pre- sented and read. Councilman Kolb moved that the proof of publication be received' and filed. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provemants.) RESOLUTION N0. 113--51 Whereas, proposed plans speci- fications and form of contract for the improvement of St. Joseph Street from the west property line of Fremont Avenue to the east property line of Stetmore Street have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 391 of the Code of Iowa, 1950 pertaining to public contracts and bonds and the time and place fixed far the hearing of all objections to said plans, speci- fications or contract for or cost of such improvements, said time being this 5th day of March, 1951; and Whereas, the City Council met Regular Session, March 5, 1951 175 in regular session this 5th day of March, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections. which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- • ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein des- cribed and proposed to be made, be and the same are hereby over- . ruled and such plans, specifica- tions and form of contract hereto- . fore approved are hereby adapted. Be It Further Resolved that this resolution containing the decision ~, of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 5th day of March, 1951. ~ CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, >, City Clerk. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION N0. 66-51 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 boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lost proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used, 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of St. Joseph Street from the west property line of Fremont Avenue to the east prop- erty line of Stetmore Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance pro• vided by law and in an amount not to exceed the amount pro• vided 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 general fund, improvement funds or sewer funds, 176 Regular Session, March 5, 1951 or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the re~alution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Ordering Construction) RESOLUTION N0. 114-51 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No, 66-b1 which was duly passed by this Council, for the improvement of St. Joseph Street from the west property line of Fremont Avenue to the east property line of Stetmore Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost of the said improvements be paid for by levying special assess- ments against the privately owned property lying within the assess- able distance from the improve- ments, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise far proposals for the construction of the various improvements here- in provided for in the manner provided by law, the said improve- ments shall be completed an or before 21 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor, ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution, Sec- onded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of hear- ing upon the plans and specifica- tions, form of contract and cost of improvement for the improving of Tressa Street from the west prop- erty line of McLenan Street to a point 191 feet east, estimated cost $1,026.41, presented and read. Councilmen Kolb moved that the i Regular Session, March 5, 1951 177 proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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- proving of Tressa Street from the west property line of MclRnan Street to a point 181 feet east, pre- sented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0.115-51 Whereas, proposed plans and specifications and form of con- tract for the improvement of Tressa Street from the west prop- erty line of McI,enan Street to a point 191 feet east have been ap• proved by the City Council of the City of Dubuque and public no- tice given as provided by Chapter 391 of the code of Iowa, 1950, per- taining to public contracts and bonds, and the time and place fix- ed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 5th day of March, 1951; and Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed .and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore. approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adapted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RU5S0, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, 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 Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION N0. 64-51 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. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the councsl. 5. An estimate of the cost of the proposed improvement, stating the same for each different type ~i Regular Session, March 5, 1951 1'19 leg Regular Session, March 5, 1951 of construction and kind of mater- ial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Tressa Street from the west property line of McLenan Street to a point 191 feet east. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be con• structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessab]e distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assesse whether the same abuts thereo or is adjacent thereto aceordin to area and in proportion to th special benefits conferred thereby and any deficiency shall be pai out of the general fund, improve went funds or sewer funds, or part ly out of each of said funds, Bond shall be issued and sold in antic' potion of deferred payments of a sessments when a contract ha been performed and accepted an the proceeds thereof used to pa the contractor. The railway po tion of any street or assessment di trict shall be assessed to and pai by the railway company. The above resolution was intr duced, approved and ordered pla ed on file with the City Clerk th 5th day of February, 1951. The foregoing resolution w finally passed and adopted, as pr posed, by the City Council this 5th day of March, 1951. CLAR,ENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. 5CHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Ordering Construction) RESOLUTION N0. 116-51 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 69--51 which was duly passed by this Council, for the improve- ment of Tressa Street from the west property line of McLenan Street to a paint 191 feet east be and the same are hereby ordered and constructed by this Council upon its own motion and w}th or without the petition of property owners. All the work shall be con• structed in accordance with the plans and specifications heretofore adopted and now on file in the of• fice of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying d special assessments against the pri- n vately owned property lying with- g in the assessable distance from the e improvements, whether such prop- , erty abut upon the same or are ad- d jacent thereto, according to the - area thereof and in proportion to - the special benefits conferred, and s any deficiency will be paid out of i- the general, improvement, or sew- s- er funds of the city, or partly from s each of such funds. Payment will d be made to the contractor out of y funds realized from the sale of r- braids to be issued in anticipation s- of referred payments of assess- d menu as provided by law after the work has been completed and ac- o- cepted by the City Council. c- Be It Further Resolved that the is City Clerk be and he is hereby ordered and directed to advertise as for proposals for the construction o- . of the various improvements herein ., 4 provided for in the manner pro• vided by law, the said improve- ments shall be completed on or be- fore 10 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adapted and approved this 5th day March, 1951. CLARENCE P, WELU, Mayor. ROMOLO N. RUSSO, RAY KOI,B, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. point of beginning, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None. (Decision of Council upon objec• Lions to plans, specifications, form of contract and cost of improve~ menu.) RESOLUTION N0. 117-51 Whereas, proposed plans and specifications and form of contract for the construction of an eight 200 feet north of the existing man• bonds, and the time and place fixed Attest: J. J. SHEA, (8) inch vitrified the sanitary sewer City Clerk, in Kane Street beginning at a point Councilman Kolb moved the hole Kaufman Avenue and term- adoption of the resolution. Second- inating at a point 255 feet north ed by Councilman Austin. Carried of the point of beginning have by the following vote: been approved by the City Council Yeas-Mayor Welu, Councilmen of the City of Dubuque and public Austin, Kolb, Russo, Schueller. notice given as provided by Chap• Nays-None. ter 391 of the Code of Iowa, 1950, Proof of publication, certified to pertaining to public contracts and by the publishers on notice of hear- for the hearing of all objections to ings on the plans and specifica- said plans, specifications or con• tions, form of contract and cost tract for or cost of such improve~ of improvement for the construe- menu, said time being this 5th tion of an eight (8) inch vitrified day of March, 1951; and the sanitary sewer in Kane Street beginning at a point 200 feet north Whereas, the City Council met in of the existing manhole in Kauf- ,regular session this 5th day of man Avenue and terminating at a March, 1951, at 7:30 o'clock P.M. point 255 feet north of the point at the Council Chambers in the of beginning, estimated cost City Hall for the purpose of hear- $1,535.15, presented and read. ing all interested parties and con- Councilman Kolb moved that sidering any and all objections the proof of publication be re- which have been filed to the pro- ceivedand filed. Seconded by Coun• posed plans, specifications or con- cllman Austin. Carried by the fol- tract for or cost of the improve- lowing vote: ment herein described and pro- Yeas-Mayor Welu, Councilmen posed to be made; and Austin, Kolb, Russo, Schueller. havehbeen giveln~an oppotuniuty to Nays-None. 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 and Be It Resolved by the City Coun- cost of improvement for the con- cil of the City of Dubuque, that all struction of an eight (8) inch vitri• objections which have been made fied the sanitary sewer in Kane and filed to the plans, specifica- Street beginning at a paint 200 tions, contract for or cost of said feet north of the existing manhole improvement herein described and in Kaufman Avenue and terminat- proposed to be made, be and the ing at a point 255 feet north of the same are hereby overruled and ~~ ,... .. , :.~,, •~~axaw.. 180 Regular Session, March 5, 1951 such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im• provement. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RU5S0, RAY KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, 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 Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION N0. 72-51 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. 'Phe boundaries of the dis- trict, i£ any. 2. The size and kind of sewers. 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, stating the same for each different type of con• struction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch vitrified the sanitary sewer in Kane Street beginning at a point 200 feet north of the existing man• hole in Kaufman Avenue and term- inating at a point 255 feet north of the point of beginning. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own• ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assesments, 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 therefor by the City Engineer which have been approved by the City Coun- cil and are uow 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 special benefits conferred there- by, and any deficiency shall be paid out of the general fund, im- provement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was fin- ally passed and adopted, as pro• posed, by the City Council this 5th day of March, 1951. CLARENCE P. WELD, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Kolb moved the ~~ ~, Regular Session, March 5, 1951 181 adoption of the resolution. Second• ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. (Ordering Construction) RESOLUTION N0. 118-51 Be It Resolved by the City Coun• cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 72-51 which was duly passed by this Council, for the construction of an eight (8) inch vitrified the sanitary sewer in Kane Street beginning at a point 200 feet north of the existing man- hole in Kaufman Avenue and term- inating at a point 255 feet north of the point of beginning be and the same hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All the work shall be construcated in accordance with the plans and specifications heretofore adopted and now on file in the office of 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 owned property lying with- in the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or part- ly from each of such funds, Pay- ment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provid- ed by law, the said improvements shall be completed on or before 21 calendar days after the notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, 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 Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of hearing upon the plans and specifi- cations, form of contract and cost of improvement for the construc- tion of an eight (8) inch vitrified the sanitary sewer in Mount Ver non Court, estimated cost $3,593.26, presented and read. Councilman Kolb moved that'the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor We1u, Councilmen Austin, Kolb, Russo, Schueller. 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 construction of an eight (8) inch vitrified the sanitary sewer in Mount Vernon Court, presented and read. Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Decision of Council upon objec• Lions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 119' 1 Whereas, proposed plans and 182 Regular Session, March S, 1951 specifications and form of contract for the construction of an eight (8) inch vitrified file sanitary sew- er in Mount Vernon Court 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, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec• lions to said plans, specifications or contract for or cost of such im- provements, said time being this 5th day of March, 1951; and Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro• posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Mayor Welu moved the adoption of the resolution. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Necessity for Improvement) RESOLUTION N0. 75-51 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 boundries of the district, if any. 2. The size and kind of sewers. 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, stating the same for each different type of con- struction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an night (8) inch vitrified file sanitary sewer in Mount Vernon Court. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own• ers, deems it advisable and neces- saryfor the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objec- tions 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 `S Regular Session, March 5, 1951 183 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, and any deficiency shall be paid out of the general fund, im• provement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por• lion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 5th day of March, 1951, CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Russo moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of hear- ing upon the plans and specifica- tions, form of contract and cost of improvement for the construction of a six (6) inch vitrified sanitary sewer in Paul Street from Lowell Street to a point 150 feet south, estimated cost $1,454.13, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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 cast of improvement for the con- struction of a six (6) inch vitrified file sanitary sewer in Paul Street from Lowell Street to a point 150 feet south, presented and read. Councilman Kolb moved that the proof of publication be received and filed, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 120-~51 Whereas, proposed plans and specifications and form of contract for the construction of a six (6) inch vitrified file sanitary sewer in Paul Street from Lowell Street to a point ]50 feet south have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 391 of the Cade of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 5th day of March, 1951; and Whereas, the City Council met in regular session this 5th day of March, 1951, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro• posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been 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 made ,.~... -ail 184 Regular Session, March 5, 1951 ~ l ~ Regular Session, March 5, 1951 185 and filed to the plans, specifica- tions, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clark. Councilman Austin moved the adoption of the resolution, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. (Necessity for improvement) RESOLUTION N0. 78-51 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 Cleri; showing among other things the following: 1. The boundries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of a six (6) inch vitri- fied file sanitary sewer in Paul Street from Lowell Street to a point 150 feet south. Be It Therefore resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces• saty for the pubic 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 ity Clerk objections to the amount of the proposed as• seseements, 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, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of February, 1951. The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest; J. J. SHEA, City Clerk ~' i Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second• ed by Councilman Kolb. Carried by the following vote: Yeas: Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Notice of Claim of Betty Wiez- orek in the sum of $25.75 for damages to her automobile caused in striking a defective catch basin on the corner of 30th and Jackson Streets, presented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investiga• tion and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Notice of Claim of Mrs. Helen McCarron in the amount of $15.44 for injuries received in a fall on the crosswalk at 8th and Main Streets, presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Notice of Claim of Mary Maus in the amount of $6,000.00 for in• juries received in a fall on an icy sidewalk on Thirteenth Street at a point approximately 25 feet west of the alley between Central Av- enue and White Street on the north side of the street, presented and road. Councilman Kolb moved that the Notice of Claim be referred to ,. ..H. ~,. ,.~, e _ .... Est ~... ^.p rr 8'7~C,'pF9 ~, r Nays-None. (Ordering Construction) RESOLUTION N0. 121-51 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 78--51 which was duly passed by this Council, for the con- struction of a six (6) inch vitrified file sanitary sewer in Paul Street from Lowell Street to a point 150 feet south be and the same are hereby ordered and constructed by tpis Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im• provements be paid for by levying special assessments against the pri• vately owned property lying within the assessable distance from the improvements, whether such prop- erty abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sew- erfunds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals fur the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 7 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent 186 Regular Session, March S, 1951 the City Solicitor for investigation and report. Seconded by Council- man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Notice of Claim of Robert Fon- dell in the amount of $16.00 for damages to his automobile caused by the condition of the street at the corner of 16th and Sycamore Streets, presented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investiga• tion and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Notice of Claim of David J. Tay for in the amount of $19.00 for damages to the paint on his car incurred through one of the street department employees throwing a shovelful of gravel and asphalt into the front of his car as he was com- ing up the hill, entering Dubuque, presented and read. Mayor Welu moved that the No- tice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Original Notice of Suit of Stella Welter in the amount of $4,800.00 and costs of action caused by be- ing struck and injured by a rock or stone which was thrown from under the fire of an automobile moving westerly on Jones Street between Main Street and Shields Street, presented and read. Councilman Russo moved that the Original Notice of Suit be re- ferred to the City Solicitor, Second- ed by Mayor Welu. Carried by the following vote: Yeas- Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. State of Iowa Iowa State Commerce Commission Des Moines, Iowa February 27, 1951 Crossing Protection at 7th, 8th & 11th Streets in Dubuque, Iowa: Chicago Great Western Railway Company and Chicago, Milwaukee, St. Paul & Pacific Railroad Com- pany V. City of Dubuque, Iowa. Docket No. A-5219 Mr. T. H. Nelson, City Solicitor City of Dubuque 619 Bank & Insurance Building Dubuque, Iowa Dear Sir; You will find attached one carbon copy and two mimeo- graph copies of Decision and Order dated February 27 relating to the above entitled subject matter in which hearing was held on Febru- ary 13, 1951. It is believed that the decision and requirements are in conform- ance to the telephone conversation with our Mr. H. A. Franklin, Sup- erintendent Safety and Service wherein you stated that no brief would be filed by the city and that the city had agreed to ac- ceptance of communication system betwen points on the two railroads so as to prevent insofar as is pos• Bible the stoppage of trains, thus resulting in blocking of street crossings. You will kindly acknowledge re- ceipt of the enclosed documents and oblige. Very truly yours, GEO. L. McCAUGIiAN, Secretary Mayor Welu moved that the com- munication be received and made a matter of record and that the DECISION AND ORDER be plac- ed onfile. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. Dubuque County Dental Society Dubuque, Iowa February 27, 1951 To Members of Dubuque City Council, and Water Dept. Officials Gentlemen: It was unanimously approved at the December 11,1950 meeting of the Dubuque County Dental Society, "That This Society Go On Record As Being In Favor Of Fluorination Of The City Water Supply In Quantities Approved By The American Dental Association, U. S. Public Health Service, And State Department Of Health, For Prevention of Dental Caries:' Respectfully submitted, Dubuque County Dental Society By Dr. John A, Link, Sec: Treas. ~~. Regular Session, March 5, 1951 187 Councilman Kolb moved that the communication be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of Nick Grom- mersch stating that he would like to extend the sanitary sewer in Muscatine Street over Putnam Street to his property and also that he would like to have the Council view the condition that now ex- ists at the end of Burlington Street as all the storm water drains across his property, presented and read. Mayor Welu moved that the por- tion of the communication with reference to drainage of storm water be referred to the Council to view the grounds. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Councilman Austin moved that the portion of the communication with reference to extension of the sanitary sewer be referred to the City Manager for action. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of Frank Zahina with reference to the grading of the alley behind his property lo- cated at 731 O'Neil Street, pre- sented and read. Mayor Welu moved that the com- munciation be referred to the City Engineer for action. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of Board of Ed• ucation submitting plan showing grade established by Dubuque County on Pennsylvania Avenue from the westerly city limits of McPoland Street and stating that they would like to have the City adopt this county street grade so that if annexed by the City that the grade will remain the same, presented and read. Councilman Kolb moved that the communication be referred to the City Engineer for recommendation and report. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, State of Iowa Department of Health Des Moines, Iowa March 2, 1951 Mr. Alvin A. Rhamberg City Manager Dubuque, Iowa Dear Mr. Rhomberg: Enclosed is a report by Mr. Joseph W. Hunt, Rodent Control Specialist, Office of Midwestern CDC Services, U. S, Public Health Service, Kansas City, Kansas, on "An Appraisal of the Domestic Rat Problem in Dubuque, Iowa," This report was submitted to this office for transmittal to you and Dr. Entringer. Very truly yours, P. J. ROUSER, Director Division of Public Health Engineering Councilman Austin moved that the communication and report be referred to the Board of Health. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Mrs. Mary Hier re• questing suspension of the taxes on N. 24 feet of East 170 feet of Lot 374 Davis Farm Addition, pre• sented and read. Councilman Russo moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilman Austin, Kolb, Russo, Schueller. Nays-None. Petition of R. L, Weidenbacher requesting that street lights be extended from the 1200 Block on Kaufman Avenue to the City Limits, presented and read. Councilman Russo moved that the petition be referred to the City Manager and Electrical In- 188 Regular Session, March 5, 1951 Spector for recommendation and report. Seconded by Councilman Schueller. Carried by the follow ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Lester Demkier and others, property owners requesting the City Council to: 1. Improve Rowan Street by in- stalling curbs and gutters, grading and surfacing with black top. 2. Install drains near the inter section on Grandview Avenue to eliminate the present drainage down Rowan Street from several blocks on Grandview. 3. (a) Take steps to bar the use of Rowan Street to the pas- sage of heavy acid trucks from the Algonquin Chem- ical Company's plant out• side of the City Limits, or; (b) Insist that the Algonquin Chemical Company pave Rowan Street with con• crate and install curbs and gutters without cost to the property owners, present- ed and read. Mr, Fay addressed the Council with reference to the paving of Rowan Street with black top and stating that if heavy trucks are to be allowed to travel on Rowan Street then concrete paving should be constructed. Councilman Russo moved that ac• tion he suspended on the petition. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Wclu, Councilmen Austin, Kolb, Russo, Schueller. A'ays-None, Councilman Russo moved that the portion of the petition with ref- erence to the use and travel of heavy acid trucks on Rowan Street be referred to the Chief of Police for recommendation and report and the balance of the petition with reference to the construction of curb and gutters, grading and surfacing with black top on Rowan Street be referred to the City Man- ager for investigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Mary Agard Tent No. 35, Daughters of Union Veterans of Civil War asking permission to sponsor their Annual Flag Tag Sale on Friday evening, June 8 and Sat- urday,June 9, presented and read. Councilman Kolb moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Ruth and Mae Keller requesting that some action be taken regarding the outlet of the catch basin situated at the alley on Solon Street between Hill and Lois Streets as the outlet causes the water to drain across portions of their property and that corrective measures be undertaken, presented and read. Councilman Russo moved that the petition be referred to the City Engineer for investigation and re- port. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas-Mayor Wclu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Donald Lombardi and others requesting that a street light be erected between the 1000 block and 1200 block on West 32nd Street, presented and read. Councilman Austin moved that the petition be referred to the City Manager and Electrical Inspector for recommendation and report. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-Non?. Petition of Robert L. Hanson re- questing arefund in the amount of $25.00 on the unexpired portion of his Cigarette Permit No. 84, as he has discontinued business on March 3, 1951, presented and read. Councilman Russo moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Robert L, Hanson to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 84. Seconded by Councilman Kolb. Carried by the following vote: ~~ ~. ,; Regular Session, March S, 1951 189 Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Councilman Russo moved that the rules be suspended for the purpose of allowing any one pre- sent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Roshek Bros. Com- pany, by M. H. Czizek, its attor- ney, protesting the granting of the permit to Pure Oil Company to build, construct and maintain a gasoline and fuel oil bulk and storage plant on premises adjacent to the street on the south side of the Ice Harbor, and immediately east of the property occupied by the U. S. Coast Guard and demand- ing that such permit be rescinded, presented and read. Attorney M. H. Czizek addressed the Council in support of the peti- tioners. Councilman Austin moved that the petition be referred to the City Solicitor for to submit a report back to the City Council. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Veterans of Foreign Wars, Leo A. Schwind Post No. 508, requesting permission for the holding of their Annual Poppy Sale on Friday evening, May 18th, and all day Saturday, May 19th, 1951, presented and read. Councilman Kolb moved that the request be granted providing there are no conflicting dates. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. CONTRACT AND AGREEMENT Whereas, the proposed assess- ment against Lot 14A of Dubuque Homes Subdivision owned by Du- buque Homes, Incorporated, lying within the Simpson-Coates Street Sewer District for the construction of a trunk sanitary sewer, force main and lift station in said dis• trict is $136.35; and Whereas, the City of Dubuque is desirous of obtaining grant of ease- ment across said Lot 14A for the purpose of constructing and main- taining said trunk sanitary sewer and force main; Now, therefore, be it agreed be• tween the City of Dubuque, Iowa, party of the first part, and Du• buque Homes, Incorporated, party of the second part, as follows: 1. Party of the second part agrees to execute grants of ease- ment, copy of which is attached hereto and by this reference made a part hereof, granting easements in, over and across said Lot 14A to party of the first part. 2. Party of the first part agrees to accept the foregoing conveyance in full satisfaction of any amount in excess of $13.00 levied as an assessment against the said Lot 14A lying within the Simpson- Coates Street Sewer Distrlct for the construction of said trunk sani- tary sewer, lift station and force main. 3. Party of the second part agrees to and does hereby waive any or all objections ar defenses that they may now or hereafter have against said assessment, the manner of its adoption and lery and the contract for. the execution of the work, its manner of execu- tion or adoption. .4. Party of the first part agrees to pay the costs of recording said easement and of any other instru- ments executed in connection with this agreement. 5. Party of the second part agrees to execute said grant of easement at the time of execution of this agreement. Executed this 27th day of Febru- ary, 1951. CITY OF DUBUQUE, IOWA Party of the First Part By A. A. Rhomberg, City Manager. DUBUQUE HOMES INC. Party of. the Second Part By C. E. Mattel, President. Councilman Kolb moved that the Contract and Agreement be re- ceived and made a matter of rec• ord. Seconded by Councilman Russo, Carried by the following vote: ... ~I 190 Regular Session, March S, 1951 Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. 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 lot number 14A of Du- buque Homes Subdivision No. 2 in the City of Dubuque hereby grants and conveys to said City of Du- buque,. aperpetual right of ease- ment, in, over, and across a six (6) foot wide strip of said lot lying three (3) feet on either side of a line beginning at a point on the westerly line of said lot located fifty-eight (58) feet northerly from the southwest corner of said lot and running south 43 degrees east a distance of sixty-two (62) feet to the intersection with the souther• ly line of said lot; also a ten (10) foot wide strip of said lot lying five (5) feet on either side of a line beginning at a point on the southerly line of said lot located one hundred thirty (130) feet west- erly from the southeast corner of said lot and running north 60 de- grees east a distance of one hun- dred ninety (190) feet to the inter- section with the easterly line of said lot for the purpose of con- structing and maintaining a twelve (12) inch vitrified file sanitary sewer line located in the easement first described and a twelve (12) inch vitrified file sanitary sewer and ten (10) inch cast iron force main located in the secondly de- scribed easement with the right to go upon said premises at all rea- sonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall re- place whatever earth, sod or shrub- bery that may be disturbed in the installation or repair of said twelve (12) inch sanitary sewer lines and ten (10) inch force main 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. DUBUQUE HOMES, INC. ' By C. E. Mettel, President. A. J. Mihm, Secretary. State of Iowa l ss Dubuque County J ' On this 27th day of February, A. D. 1951, before me Geraldine L. Jenni, a Notary Public, in and for the County of Dubuque, State of Iowa, personally appeared C. E. Mettel, President, and A. J. Mihm, Secretary of the Dubuque Homes, Inc., the Corporation which execut• ed the above and foregoing instru- ment, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President and Secretary of said Corporation, that said instrument was signed on behalf of said Cor• poration by authority of its Board of Directors, and each of them ac• knowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it and each of them voluntarily exe• cuted. In witness whereof, I have here• unto signed my name and affixed my Notarial Seal the day and year last above written. GERALDINE L. JENNI, (Seal) Notary Public in and for Dubuque County, State of Iowa. Councilman Kolb moved that the Grant and Easement be re- ceived and made a matter of rec- ord and recorded with the County Recorder. Seconded by Council- man Russo. Carried by the fol- lowing vote: yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. CONTRACT AND AGREEMENT This Agreement entered into this 23rd day of February, 1951, by and between Joseph Luedtke and Meta Luedtke, his wife, parties of the first part and the City of Dubuque, Iowa, party of the second part, Whereas the proposed assess- ment against the property of the parties of the first part within the Simpson-Coates Street Sewer District for the construction of a trunk sanitary sewer, force main and lift station is $1299.50; and Whereas parties of the first part object to said proposed assess- ment, which objections were over• Regular Session, March 5, 1951 191 ruled by the City Council; and GRANT AND EASEMENT Whereas party of the second part is desirous of obtaining an easement in said lands fora sani- tary sewer; Now Therefore, Be It Agreed: 1. Parties of first part agree to execute a certain grant of ease- ment, acopy of which is attached hereto, marked Exhibit "A" and by this reference made a part hereof, granting an easement in said land to the party of the second part. 2. Party of the second part agrees to accept said easement in full satisfaction of any amount in excess of $600 levied as an assess- ment against the property of parties of the first part lying within said sewer district for the construction of said trunk sewer, force main and lift station. 3. Parties of the first part agree to and do hereby waive any or all objections or defenses that they may now or hereafter have against said assessment, the manner of its adoption and levy, and the con- e tract for the execution of the work, y its manner of execution or adop- tion. 4. Party of the second part j agrees to permit parties of the first part to connect a house sewer j from their present dwelling to said trunk sewer without further charge; said connection to be made under the supervision of and in accordance with plans and specfi- cations approved by the City En- gineer. Executed this 23rd day of Feb- ruary, 1951. Joseph V. Luedtke Meta M. Luedtke, Parties of the First Part City of Dubuque, Iowa ' Party of the Second Part By A. A. Rhomberg, City Manager. Councilman Austin moved that the Contract and Agreement be recived and made a matter of record, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. EXHIBIT "A" Know all men by these present: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknow- ledged, the undersigned being the owners of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Bab- cock's Addition in the City of Du- buque, hereby grant and convey to said City of Dubuque a perpetual right of easement in, over, and across a ten (10) foot wide strip of said lot beginning at a point on the east line of Lot 14A of Du- buque Homes Sub, No. 2 located a distance of eighty five (85) feet northerly from the southeast corner of Lot 14A of Dubuque Homes Sub. No. 2 and running north 60 degrees east a distance of three hundred fifty three (353) feet; thence north 57 degrees 30 minutes east a distance of six hundred ten (610) feet to the in- tersection with the west line of the alley first. west of Concord Street for the purpose of con- structing and maintaining a twelve (12) inch vitrified file sewer main and a ten (10) inch cast iron sewer force main with the right to go upon said premises at all reason- able times for the purpose of inspection and repairing the same when installed; provided, that said City of Dubuque shall replace whatever earth, sod, or shrubbery that may be disturbed in the in- stallation or repair of said sani- tary mains to as good condition as it was in before the same was disturbed. This grant of easement shall be binding upon the undersigned, their heirs, executors„ administra- tors, purchasers and assigns for- ever. Joseph V. Luedtke Meta M. Luedtke. State of Iowa l SS. Dubuque County J Be it remembered that on this 23rd day of February, 1951 person- ally appeared before me, a Notary Public, in and for Dubuque County, Iowa, Joseph V. Luedtke and Meta Luedtke who are personally known ~~~~ ~~ ~, ~i •I 192 Regular Session, March S, 1951 to me and acknowledged that they executed the foregoing instrument as their voluntary act and deed. Geraldine L. Jenni (SEAL) Notary Public in and for Dubuque County, Iowa. Councilman Austin moved that the Grant and Easement be re- ceIved and made a matter of record and recorded with the County Recorder. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Scbueller. Nays-None. Council Proceedings for the months of July, August and Sep• tember, 1950 were presented for approval. Councilman A u s t i n moved that the Council Proceed• logs for the months of July, August and September, 1950 be approved as printed. Seconded by Council- man Scbueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Scbueller. Nays-None. ORDINANCE N0. 6-51 An Ordinance declaring the necessity for the erection of a viaduct and its approaches upon and along East 14th Street and over the tracks of the Chicago, Milwaukee, St. Paul and Pacific Railroad Co. and the Chicago, Great Western Railway Co.; ap• proving the plans for the same; determining the proportion of cost of the same to be borne by each railroad; prescribing the method of assessing, appraising, deternun• ing and paying the damages caused by reason of the construction of such viaduct; and providing for obtaining the approval of the same by the Iowa State Commerce Com• mission, said ordinance having been passed upon first reading on February 5th, 1951 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption Mr, Robert Kenline, appearing as Attorney for the Chicago Great Western Railway Co. addressed the Council objecting to the portion of the ordinance apportioning the cost of construction of the viaduct, namely; 60 percent against th? Chicago, Great Western Railway Co. and 40 per cent against the Chicago, Milwaukee, St. Paul and Pacific Railroad Co. and urging Council to defer action on final adoption of the ordinance. Mr. Robert Clewell, Attorney, representing the Chicago, Milwau- kee, St. Paul and Pacific Railroad Co. addressed the Council asking that if any change be made in ap- portioning the cost against the Railroad Companies that action be deferred on final adoption of the ordinance until the attorneys for the Chicago, Milwaukee, St. Paul• and Pacific Railroad Co, have had an opportunity to study the same. ORDINANCE NO. 6.51 AN ORDINANCE declaring the ne- cessity for the erection of a viaduct and Its approachee upon and along East 19th Street and over the tracks of the Chlcago, Milwaukee, St. Paul and Pacific Rat]road Co. and the Chi- cago, Great Western Railway Co.; ap- proving the plans for the same; de- termining the proportion of cast of the same to be borne by each rail- road; prescribing the method of assessing, appraising, determining and Paying the damages caused by reason of the construction of such viaduct; and providing for obtaining the approval of the same by the Iowa State Commerce Commission. Whereas on February 5th, 1951 at 7:80 o'clock P. M. a public hearing was held by the City Council of the City oP Dubuque, Iowa at the Council Chambers In the City Hall to consider the recommendation of the City Man- ager and Consulting Engineer con- cerning the erection of a viaduct along East 14th Street and over the tracks of the below named Railroads; and Whereas notice of time and place oY such hearing was served on Chi- cago Milwaukee, St. Paul and Pacifio Railroad Co, and the Chicago, Great Western Railway Co. and all other interested parties by publication in the Telegraph Herald and by per- sonal service on Chicago, Great West- ern Railway Co. and Chicago, Mil- waultee, St. Paul and Pacific Railroad Co. more than twenty days prior to said hearing, as shown by the proo4 of service now on file with the City Clerk; and Whereas the recommendations of the City Planning and Zoning Com- mission has been obtained and consid- ered by the City Council; and Whereas at said hearing the City Council considered said matters and heard all persons who desired to ad- dress the Council thereon and has made its determination thereon; NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCU, OF THE CITY OF DUBUQUE, IOWA. Section 1. That it is necessary for the safety and protection of the public that a viaduct and ite approaches be constructed upon and along East Fourteenth Street in the City of Du- buque, Iowa, and over the tracks or Regular Session, March 5, 1951 193 the Chicago, Milwaukee, St. Paul and Pacific Railroad Co. and oP the Chi- cago, Great Western Railway Co.; ~ Section 2. That the plans of said viaduct and its approaches submitted by the consulting engineer, now on file with the City Clerk, and by this reference made a part hereof, are hereby approved. Section 3. That any damages which may be caused to any property by I reason of the construction of such I viaduct and its approaches shall be appraised, assessed and determined in accordance with the provisions of Chapter 472 of the 1960 Code of Iowa as amended and paid for out of the ' general bridge fund or any other fund available therefor; Section 4. That the City Solicitor is a hereby authorized and directed to in- stitute proceedings before the Iowa State Commerce Commission to estab- lisp the necessity of such viaduct and its approaches and obtain the approv- al of such plans; Section 5. That the cost of such viaduct and its approaches shall be borne by the said railroads in the following proportion: 60 percent thereof shall be borne by the Chicago Great Western Rail- way Ca.; 40 percent thereof shall be borne by the Chicago, Milwaukee St. Paul and Pacific Railroad Co; Section 6. That this Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as provided by Law. Passed on first reading this 5th day of February, 1951. Passed, adopted and approved this 5th day cF March 1951. CLARENCE P. wELU, mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTLN, LEO N. SCHUELLER, Councilmen a, Attest: J. J. Shea, City Clerk Published officia113' in The Tele- graph-Herald newspaper this 9th day of March, 1951. J. J. 5HEA, It. Mar. 9 City Clerk Mayor Welu moved the adop- tion of the ordinance. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Scbueller. Nays-None. Ordinance No. 24-51 An Ordinance granting to Wes- ley W, Heitzman and Harriet Heitz- man, his wife, their heirs and as- signs, the right to construct a sani- tary sewer in Marion Street, and prescribing the conditions of this Grant and regulating the connec- tion with said sanitary sewer, pre- sented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Scbueller. Nays-None, Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Scbueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Scbueller. Nays-None, Councilmen Kolb moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Scbueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Scbueller. Nays-None. Councilman Russo moved that Council recess for five minutes. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Scbueller. Nays-None. Council recessed at 10:35 P. M. and reconvened at 10:44 P. M. Mr. Fred Hintz addressed the Council objecting to the proposed paving of King Street as there is no need for this improvement as only three or four houses are built on this street and is not used for travel. Ordinance ,No. 151 An Ordinance declaring that public convenience and necessity will be served by the establish- ment of off-street parking facili- ties on certain described property in the City of Dubuque; directing the acquisition of the same by con- demnation or otherwise and the erection of off-street parking fa- cilities thereon; all as provided in Chapter 390 of the 1950 Code of Iowa, said ordinance having been passed upon first reading on Feb- ruary 16th, 1951, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 10.51 An Ordinance declaring that public convenience and necessity will be served by the establishment of off- street parking facilities on certain described property in the City oY Du- buque; directing the acquisition of the same by condemnation or other- wise and the erection of off -street parking facilities thereon; all as pro- vided in Chapter 390 of the 1950 Code of Iowa. ~n' 194 Regular Session, March 5, 1951 Whereas pursuant to legal notice a hearing was held in the City Council chambers at the City Hall in the City of Dubuque, Iowa at 7:30 o'clock P. M. on February 5th, 1951 on the question whether public convenience and necessity will be served by the establishment of off-street parking facilities on: City Lots 644 695, and the North `t feet of 646 in the City of Dubuque, Iowa, according to the original plat of the Town, now City, of Dubuque, Dubuque County, Iowa; and Whereas at said hearing all par- ties who wished to do so were given an opportunity to appear and be heard; and Whereas the question has been re- ferred to the City Planning Commis- sion and its recommendation thereon obtained; N06V THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the establishment of off-street parking facilities on the above described properties will best serve the public convenience and ne- cessity of the City of Dubuque and all objections thereto are hereby over- ruled; Section 2. That when title to said property or any part thereot is vested in the City of Dubuque off -street parking Facilities shall be established [hereon in accordance with plans pre- pared by the City Manager and ap- proved by the City Council; Section 3. That upon the establish- ment of off-street parking facilities on said property or any part thereof the City Council shall have power by Ordinance to establish and maintain just and equitable rates or charges for the use of and the service render- ed by said lands and facilities and provide for the collection of revenue therefrom; Section 4. That upon the establish- ment of off-street parking facilities on said Property or any part thereof the City of Duhuque shall not sell, or offer for sale, any merchandise or supplies, including gasoline, oil or motor vehicle supplies; Section 5. This Ordinance shall be- come effective ten (10) days after Its final passage, adoption and pub- lication as provided by Law. Passed on first reading this 16th day of February, 1951. Rule requiring Ordinance to be read on three (3) separate days suspended the 16th day of February, 1951. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELD, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER. Councilmen Attest: J. J. Shea, City Clerk Published officially in The Tele- graph - Herald newspaper this 9th day oY March, 1951. J. J. SHEA, lt. Mar. 9 City Clerk Councilman Schueller moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, Ordinance No. 11-51. An Ordinance establishing a grade on Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street, said ordinance haw ing been passed upon first reading on February 23rd, 1951, and or- dered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. it-51 An Ordinance Establishing a Grade on Groveland Place from the West Property Line of Sheridan Street to the East Property Line of Burden Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Grove• land Place from the west property line of Sheridan Street to the east prop- erty line of Burden Street be hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, be- ing profile number 1352. Bench Mark, point of arrow on fire hydrant at intersection of Sheridan and O'Neill Streets, elevation 750.92. Said grade begins at the west prop- erty line of Sheridan Street, which is station 0}00, north curb elevation 796.31, south curb elevation 745.48; thence to station 0-05, north curb elevation 746.16; thence to station 0+25, north curb elevation 745.07: thence to station 0}76, north and south curb elevation 742.83; thence to station 1}B0, north and south curb elevation 739.13; thence to station 2}00, south curb elevation 738.43; hence to elation 2+30, north •urb elevation 737.73; thence to station 2}60, south curb elevation 737.9 t; thence to station 2}80, north curb elevation 737.08; thence to station 3+00, south curh elevation 736.90; thence to station 9}75, south curb elevation 735.b4; thence to station 5}00, south curb elevation 736.17; thence to station 6}25, south curb elevation 734.49; thence to station 5}50, east property line of Burden Street; north curb elevation 735.5fi, south curb elevation 733.63. Section 2. This ordinance shall be. in force and effect ten (10) days from and after its final passage, approval and adoption by ttie City Council and its publication as required by law. Passed upon first reading February 23rd, 1951. Passed, adopted and approved March 5th, 1951. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. Shea, City Clerk Published officially in The Tele- graph-Herald newspaper this 9th day of March, 1951. S. ,T. SHEA, It Mar. 9 City Clerk Mayor Welu moved the adoption of the ordinance. Seconded by j . Regular Session, March 5, 1951 195 Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Ordinance No. 12-51 An Ordinance establishing a grade on King Street from the west curb return at Broadway to the north property line of Fulton Street, said ordinance having been passed upon first reading on Feb- ruary 23rd, 1951, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 12.51 An Ordinance Establishing a grade on King Street from the West Curb Return at Broadway to the North Property Line of Fulton Street. Be It Ordained by the Clty Council of the City of llubuque: Section 1. That a grade on King Street Yrom the west curb return at Broadway to the north Property line of Fulton Street be hereby estab- lished and adopted as shown by the profile of said street and grade pre- pared by the City Engineer, being profile number 1353. Bench Mark, point of arrow on fire hydrant lo- cated at the intersection of Fulton and King Streets, elevation 773.94. Said grade begins at the west curb return at Broadway and King Street, which is station 0}UD, east and west curb elevation 673.29; thence to sta- tion 2}96.5, east and west curb ele vation 730.84; thence to station 3}1G.5, east and west curb elevation 134.34; thence to station 3-F21.5, the north property line of Greeley Street, east and west curb elevation 735.02; thence to station 3}36.5, east and west curb elevation 737.07; thence to station 3}56.5, east and west curb elevation 739.41; thence to station 3}71.5, the south property line of Greeley St, east and west curb elevation 741.34: thence to station 3}7G.5, east and west curb elevation 741.98; thence to station 3}96.5, east and west each elevation 745.00; thence to station 4}50, east and west curb elevation 753.68; thence to station 5}00, oast and west curb elevation 760.72; thence to station 5}b0, east and west curb elevation 765.54; thence to station 6+00, the north property line of Ful- ton Street, east and west curb eleva- tion 769.49. Section 2. This ordinance shall be in force and effect ten (10) days from and after its final passage, ap- proval and adoption by the City Council and its publication as re- quited by law. Passed upon first reading February 23rd, 1951. Passed, adopted and approved March 5th, 1951 CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN LEO N. SCIUELLER, Councilmen Mayor Welu moved the adop- tion of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None. Ordinance No. 13-51 An Ordinance establishing a grade on Marion Street from the west property line of Fremont Avenue to the west end of Marion Street, said ordinance having been passed upon first reading on Feb- ruary 23rd, 1951, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE No. 13.51 An Ordinance Establishing a Grade on Marion Street from the West Prop- erty Line of Fremont Avenue to :he West End of Marion Street. Be It Ordained by the City Council of the City oY Dubuque: Section 1. That a grade on Marion Street from the west property line of Fremont Avenue to the west end of Marion Street be hereby established and adopted as shown by the profile of said street and grade Prepared by [he City Engineer, being profile num- ber 1355. Bench Mark, railroad spike in utility pole No. 207-873A located on the east side of Fremont Avenue at Marion Street, elevation 545.10. Said grade begins at the west Prop- erty line of Fremont Avenue, which is station 0}U0, north curb elevation 536.09, south curb elevation 844.13; thence to station 0}40, north curb elevation 844.17, south curb elevation 893.43; thence to station 0}70, north curb elevation 842.60, south curb ele- vation 842.39; thence to station 1}00, north and south curb elevation 840.32; thence to station 7}65, north and south curb elevation 783.99; thence to station 8}7b, north and south curb elevation 779.28; thence to station 9+95, north and south curb elevation 785.70; thence to station 1D}50, north and south curb elevation 791.'1,0; thence to station 11}00, north and south curb elevation 795.74; thence to station 11}5D, north and south curb elevatio^ 799.38; thence to sta- tion lb-x-56.6 west end of Marion Street, north and south curb eleva- tion 825.20, Section 2. This ordinance shat] ne in fore and effect ten (10) days from ahd after its final passage, ap- prove] and adoption by the City Coun- cil and its publication as required by law. Passed upon first reading February 83rd, 1951. Passed, adopted and approved March 5th, 1951. CLARENCE P. WELU, Mayor ROMOLO N. RUSSQ RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. Shea, Attest: J. J Shea, City Clerk City Clerk Published officially in The Tele- Published officially in The Tele- graph-Herald newspaper this 9th day ofaMarHchra1951.ewspaper this 9th day of March, 1951. ,i. J. SHEA, .T. J. SHEA, It Mar 9 City Cleric It Mar 9 City Clerk 196 Regular Session, March 5, 1951 Councilman Schueller moved the adoption of the ordinance. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, Ordinance No. 14-51 An Ordinance establishing a grade on Balke Street from the south property line of Strauss Street to the north property line of Link Street, said ordinance hav- ing been passed upon first read- ing on February 23rd, 1951 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO 14-51 An ordinance establishing a grade on Balke Street from the South prop- erty I[ne of Strauss Street to the North property line cf Link Street. Be it ordained by the City Council of the City of Dubuque: Section 1. That a grade nn Balke Street from the south property lhre of Strauss Street to the north property line of Link Street be hereby estab- Ilshed and adopted as shown by the profile of said street and grade pre- pared by the City Engineer, being profile number 1350. Bench Mark, point of arrow on Pire hydrant at in- tersection of Link and Balke Streets, elevation 719.00. Said grade begins at the south prop- erty line of Strauss Street which is station 0+00, east curb elevation 718.20, west curb elevation 718.90; thence to station D}60, east and west curb elevation 718.70; thence to sta- tion 1}30, east and west curb eleva- tion 718.48; thence to station 2}05, northwest Property line of Linlc Street, east and west curb elevation 712.71; thence to station 2+35.6, northeast property line oY Lirrk Street, east curb elevation 713.97. Section 2. This ordinance shall be in force and effect ten (10) days from and after its final Passage, approval and adoption by the City Council and its publication as required by law. Passed upon Pirst reading February `lard, 1951. Passed, adopted and approved :March 5th, 1951. CLARENCE P. WELU, Olayor ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LE(l N. SCHUELLER, Councilmen Attest: J. J. Shea, City Clerk Published officially in The Tele- graph-Herald newspaper this 9th day of March, 1951. J..T. SHEA, ]t. Mar. 9 City Clerk Mayor Welu moved the adoption of the ordinance. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Ordinance No. 15-51 An Ordinance establishing a grade on Garfield Avenue (West Side) from the north property line of Emerson Street to the south pro- perty line of Roosevelt Street, said ordinance having been passed up- on first reading on February 23rd, 1951, and ordered placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption, was pre- sented for final adoption. ORDINANCE N0. 15-51 An ordinance establishing a grade on Garfield Avenue (west side) from the North property line of Emerson Street to the Sottth property line of Rocsevelt Street. Be it ordained by the City Council of the City of Dubuque: Section 1. That a grade otr Garfield Avenue (west side) be hereby estab- lished and adopted as shown by the profile of said street and grade ,~re- pared by the City Engineer, being pro- file number 1357. Bench Mark, point of arrow on fire hydrant at intersec- tion oY Emerson Street and Garfield Avenue, elevation 45.8fi (river datum), Said grade begins at the north prop- erty line of Emerson Street, which is station 0}00, west curb elevation 43.50; thence to station 4}OQ which is the south property line of Roosevelt Street, west curb elevation 41.00. Section 2. This ordinance shall he in force and effect ten (10) days from and after its final passage, approval and adoption by the City Council and its publication as required by law. Passed upon first reading February, '23rd, 1951. Passed, adopted and approved March 5th, 1951. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph-Herald newspaper this 9th day oP March, 1951. J. ,I. SHEA, IL Mar. 9 City Clerk Councilman Schueller moved the adoption of the ordinance. Second- ed by Councilman Austin. Carried by the folowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Ordinance No. 16-51 ' An Ordinance establishing a grade on Mount Vernon Court from the west property line of South Grandview Avenue to the end of Mount Vernon Court, said ordinance having been passed up- on first reading on February 23rd, 1951, and ordered placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption, was pre- sented for final adoption. '. -3 Regular Session, March 5, 1951 197 ORDINANCE N0. 16.51 An Ordinance Establishing a Grade on Mount Vernon Court from the West Property Line of South Grand- view Avenue to the End of Mount Vernon Court. Be it Ordained by the City Council of the City oY Dubuque: Section 1. That a grade on Mount Vernon Court from the west property line of South Grandview Avenue to the end of Mount Vernon Court be hereby established and adopted as shown by the profile of said street and grade prepared by the City fOn- gineer, being profile number 1358. Bench Mxrk, square cut on south side concrete step at entrance door of No. 5 Pire Station at South Grand- viety Avenue and Bryant Street, ele- vation 861,00. Said grade begins at the west prop- erty line of South Grandview Avenue, which is station 0-}00, north and south curb elevation 848.69; thence to station 0}60, north and south ouch elevation 861.63; thence to Sta- tion 0}80, north and south curb ele- vation 852.60; thence to station 1}10, north and south curb elevation 852.00; thence to station 2}50; north and south curb elevation 845.64; thence to station 2}75, north and south curb elevation 844.56; thence to station 3}00, north and south curb eleva- tion 843.89; thence to station 4}03, which is the end of Mount Vernon Court, north and south curb eleva- tion 841.89. Section 2. This ordinance shall be in Yorce and effect ten (10) days from and after its final passage, approval and adoption by the City Council and its publication as required by law. Passed upon first reading February 23rd, 1951. Passed, adopted and approved March 5th, 1951. CLARENCE P. WELD, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: Councilmen. J. J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 9th day of March, 1951. J. 7. SHEA, 1tMar9 City Clerk. Councilman Kolb moved the adoption of the ordinance. Sec• onded by Councilman Austin, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Ordinance No. 17-51 An Ordinance establishing a grade on St. Joseph Street from the west property line of Fremont Avenue to the east property line of Stetmore Street, said ordinance having been passed upon first reading on February 23rd, 1951, and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, was presented for final adoption. ORDINANACE N0, 17.51 An Ordinance Establishing a Grade on St. Joseph Street from the West Property Line of Fremont Avenue to the East Property Line oP Stet- more Streei. Bo It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on St. Jo- seph Street from the west property line of Fremont Avenue to the east property line of Stetmore Street be hereby established and adopted as shown by the profile of said street and grade prepared by the City En- gineer, being profile number 1359. Bench Mark, R. It. spike in utility pale number 207-873A located on the east aide of Fremont Avenue at Marion Street, elevation 845.10. Said grade begins at the west prop- erty line of Fremont Avenue, which is station 0 X00, north curb eleva- tion 850.56, south curb elevation 850.93; thence to station 0}50, north and south curb elevation 843.73; thence to station 0}86, north and south curb elevation 847.20; thence to station 1}95, north and south curb elevation 84397; thence to sta- tion 3}70.6, east property line of Meadow Lane, north and south curb elevation 827.82; thence to station 3}95, north and south curb eleva- tion 826.08; thence to station 4+20.6, west property line of Meadow Lane, north and south curb elevation 824.18, thence to station 4}46, north and south curb elevation 822.15; thence to station 4}95, north and south curb elevation 817.43; thence to sta- tion 7 } 10, north and south curb ele- vation 795.48; thence to station 7}50, north and south curb elevation 792.67; thence to station 7+90, the east prop- erty line of Stetmore Street, north and south curb elevation 792.4D. Section 2. This ordinance shall be in force and effect ten (10) days from and after its final passage, approval and adoption by the City Council and its publication as required by law. Passed upon first reading February 23rd, 1951. Passed, adopted and approved March 5th, 1951. CLARENCE P. WELU, Mayor, ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: Councilmen. J. J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper thin 9th day of March, 1951. J. J. SHEA, 1tMar9 City Clerk. Councilman Kolb moved the adoption of the ordinance. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Ordinance No. 18-51 An Ordinance establishing a grade on Kane Street from the north property line of Kaufman ~, 198 Regular Session, March 5, 1951 Avenue to a point 2,200 feet north, said ordinance having been passed upon first reading on February 23rd, 1951, and ordered placed on file with the City Clerk for pub- lic inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE NO. 18-51 An ordinance establishing a grade on Kane Street from the north property line of Kaufman Avenue to a point 2,200 feet north. Be it ordained by the City Council of the City of Dubuque: Section 1. That a grade on Kane Street from the north property line of Kaufman Avenue to a point 2,200 feet north be hereby established and adapted as shown by the profile of said street and grade prepared by the City Engineer, being profile number 1360. Bench Mark, R. R. spike in util- ity pale number 207-224C located `it the intersection of Kaufman Avenue and Kane Street, elevation 659.19. Said grade begins at the north prop- erty line oY Kaufman Avenue, which is station 0}00, east curb elevation 658.97, west curb elevation 659.17; thence to station 4}00, east and west curb elevation 676.06; thence to sta- tion 4}50, east and west curb eleva- tion 676.48; thence to atation 5}00, east and west curb elevation 681.52, thence to station 9}45, east and west curb elevation 711.34; thence to station 9+95, east and west curb elevation 7155.23; thence to station 10}45, east and west curb elevation 720.21; thence to station 11}00, east and west curb elevation 726.29; thence to station 16}97, east and west curb elevation 786.77; thence to station 17}00, east and west curb elevation 792.25; thence to station 18}00, east and west curb elevation 800.90; thence to station 18}97, east and west curb elevation 807.09; thence to station 20}00, east and west curb elevation 811.L6; thence to station 21+00, east and west curb elevation 812.96; thence to station 21}47, east and west curb elevation 812.96; thence to atation 22}00, east and west curb elevation slz.sl. Section 2. This ordinance shall be in forco and effect ten (10) days from and after its final passage, approval and adoption by the City Council and its publication as required by law. Passed upon first reading February 23rd, 1951. Fassed, adopted and approved March 5th, 1951. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. 7. Shea, City Clerk Published officially in The Tele- graph-Herald newspaper this 9th day of March, 1951. J. J. SHEA, lt. Mar 9 City Clerk Councilman Russo moved the adoption of the ordinance. Sec- onded by Councilman Kolb, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. Ordinance No. 19-51 An Ordinance establishing a grade on Napier Street from the west property line of Foye Street to the east property line of Hemp- stead Street, said ordinance hav- ing been passed upon first reading on February 23rd, 1951, and or- dered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 19-51 An ordinance establishing a grade on Napier Street from the west property line of P'oye Street m the east property line of Hempstead Street. Be it ordained by the City Council of the City oY Dubuque: Section 1. That a grade on Napier Street from the west property line of Foye Street to the east property tine of Hempstead Street be hereby established and adopted as shown by the profile oY said street and grade prepared by the City Engineer, being profile number 1361, Bench Mark, polnt of arrow on fire hydrant at in- tersection of Napier Street and Foye Street, elevation 143.25 (river datum). Said grade begins at the west prop- erty line of Foye Street, which is atation 0}00, north curb elevation 137.30, south curb elevation 139.00; thence to atation 0}16, south curb elevation 138.53; thence to station 0}25, north curb elevation 138.18, south curb elevation 138.35; thence to station 0}35, north and south curb elevation 138.53; thence to atation D}5D, north and south curb elevation 139.20; thence to atation 0+65, north and south curb elevation 140.19; thence to station 0}75, north and south curb elevation 190.95; thence to station 1}15, north and south curb elevation 144.50; thence to station 1+55, north and south curb eleva- tion 148.85; thence to atation 2}05, north and south curb elevation 159.91; thence to atation 2}35, north and south curb elevation 157.35; thence to station 2}65, north and south curb elevation 157.39; thence to sta- tion 2}95, north and south curb ele- vation 155,03; thence to station 3}25, north and south curb elevation 150.26; thence to station 5}60, north and south curb elevation 102.96; thence to station 6}10, north and south curb elevation 96.65; thence to atation 6}b5, east property line of Hempstead Street, north and south curb eleva- tion 92.40. Section 2. This ordinance shall be in force and effect ten (14) days from and after its final passage, approval and adoption by the City Council and its publication as required by law. Passed upon first reading February 23rd, 1951. Passed, adopted and approved March 5th, 1951. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councnmen Attest: J. J. Shea, City Clerk Published officially in The Tele• graph-Herald newspaper this 9th day of March, 1951. J. J. SHEA, It Mar, 9 City Clerk 1y ~=~ 4' ~ A vt f. "fi,' F' ' r Regular Session, March 5, 1951 199 Mayor Welu moved the adop- tion of the ordinance. Seconded by Councilman Austin Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. February 27, 1951 To the Honorable Mayor, City Council and City Manager, Dubuque, Iowa. Gentlemen; In accordance with your in- structions contained in the Reso- lutions listed below, I wish to re- port as follows: RESOLUTION N0. 85-50 Ungs-Hoyt-Hazel Street - Sani- tary Sewer Bonds for $4,000.00 were offered for sale on May 16, 1950. No bidders present and one sealed bid received. Sealed bid was for $1,000.00 with a premium of $2.00 per M. Balance of bonds were. sold over the counter at par. RESOLUTION N0.262-50 Cannon Street Improvement Bonds for $1,200.00 were offered for sale on September 25, 1950. One bidder present and one sealed bid received. Bonds were sold at a premium of $3.00. RESOLUTION N0. 260-50 Laurel Street Improvement Bonds for $400.00 were offered for sale on September 25, 1950. One bidder present and one sealed bid received. The bonds were sold at a premium of $1.00. RESOLUTION N0. 279-50 Dillon Street Improvement Bonds for $1,600.00 were offered for sale on October 24, 1950. One bidder present and one sealed bid re- ceived. Bonds were sold for a premium of $4,00. RESOLUTION N0. 281-50 Dexter Street Improvement Bonds for $1,600.00 were offered for sale October 24, 1950. There were two oral bidders and two sealed bids. Bonds were sold to two bidders for a premium of $9.95. RESULUTION N0. 283-50 Iowa. Street Improvement Bonds for $2,000.00 were offered for sale an Oetober 24, 1950. There were three oral bidders and two sealed bids. Bonds were sold fora prem- ium of $11.00, RESOLUTION N0. 277-50 Asbury Road (South Side) Im- provement Bonds for $1,500.00 were offered for sale on October 24, 1950. There were three oral bids and two sealed bids. Bonds were sold for a premium of $14.00. RESOLUTION N0. 304-50 Decorah Street Improvement Bonds for $1,000.00 were offered for sale on November 22, 1950. There were four bidders present and four sealed bids, Bands were sold for a premium of $20.00. RESOLUTION N0. 306-50 Fillmore Street Improvement Bonds for $600.00 were offered for sale on November 22, 1950. There were three bidders present and three sealed bids, Bonds were sold for a premium of $10.11. RESOLUTION N0. 319-50 Adair Street Improvement Bonds for $3,500.00 were offered for sale on December 13, 1950. There were six bidders and one sealed bid. Bonds were sold for a premium of $52.25. RESOLUTION N0. 321-50 Meadow Lane Sewer Bonds for $1,800.00 were offered for sale on December 13, 1950. There were six bidders and one sealed bid. Bands were sold for a premium of $34.80. RESOLUTION N0. 336-50 Shiras, Garfield and Stanton Streets Improvement Bonds for $300,00 were offered for sale on December 27, 1950. There was one one bidder and one sealed bid. The Bonds were-sold fora prem- ium of $3.00. RESOLUTION N0. 363-50 Edith Street Improvement Bonds for $1,000.00 were offered for sale on January 26, 1951. There were seven bidders and two sealed bids. Bonds were sold for a premium of $22.00, RESOLUTION N0. 4-51 English Lane Improvement Bonds far $5,500.00 were offered for sale on February 23, 1951. There were eight bidders and one sealed bid. Bonds were sold for a premium of $144.38, RESOLUTION N0. 357-50 Gilliam Street Improvement 200 Regular Session, March 5, 1951 Bands for $3,500.00 were offered for sale January 26, 1951. There were seven bidders and two sealed bids. Bonds were sold fora prem- ium of $70.00. RESOLUTION N0. 359-50 Hale Street Improvement Bonds for $2,600,00 were offered for sale on January 26, 1951, There were seven bidders and two sealed bids. Bonds were sold for a premium of $28.60, RESOLUTION N0. 355-50 Mineral Street Improvement Bonds far $4,000.00 were offered for sale January 26, 1951. There were seven bidders and two sealed bids. Bonds were sold fora prem- ium of $80.00. RESOLUTION N0. 361-50 Sheridan Street Improvement Bonds for $1,400.00 were offered for sale on January 26, 1951. There were seven bidders and two sealed bids. Bands were sold fora prem- ium of $30.00. RESOLUTION N0. 377-50 Green Street Improvement Bonds for $2,700.00 were offered for sale on February 6, 1951. There were five bidders and five sealed bids. Bands were sold for a premium of $70.50. RESOLUTION NO. 373-50 Hazel Street Improvement Bonds for $800.00 were offered for sale on February 6, 1951. There were five bidders and one sealed bid. Bonds were sold far a premium of $20,00. RESOLUTION NO. 375-50 Mullin Road Improvement Bonds for $1,200.00 were offered far sale on February 6, 1951. There were five bidders and two sealed bids. Bonds were sold for a premium of $33.00. RESOLUTION NO. 371-50 Salon, Lois and Reeder Streets Improvement Bonds for $1,200.00 were offered for sale on January 6, 1951.. There were five bidders and one sealed bid. Bands were sold for a premium of $31.20. RESOLUTION NO.2-51 York Street Improvement Bonds for $2,700.00 were offered for sale on February 23, 1951. There were eight bidders, The bonds were sold for a premium of $74.25. All the above bonds were sold after proper notice was published in the Telegraph-Herald. The bonds were all purchased by local in- vestors, Respectfully submitted, Edward M. Tschirgi, City Treasurer, Councilman Russo moved that the report of City Treasurer Tschirgi be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays~None. March 3, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of Isabell C, Thie- len and others requesting the in- stallation of a street light at the north end of Laurel Street, one block north of the intersection of Cannon and Laurel Streets, was referred to the City Manager for recommendation and report. The location has been examined and I recommend that a street light be installed at said location. Respectfully submitted, J. J. SHEA, Acting City Manager. Councilman Kolb moved that the recommendation of Acting City Manager Shea be approved. SeG onded by Councilman Austin. Car- ried by the fallowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 5, 1951 Ta the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond and desire to have your approval on same for filing: PERSONAL Hartford Accident & Indemnity Ca. J. J. Shea, Acting City Manager. Respectfully submitted, J. J. SHEA, Acting City Manager. Councilman Austin moved that Regular Session, March S, 1951 201 the bond be approved and placed on file. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, .Kolb, Russo, Schueller. Nays-None, ~~ I `~. r ~. March 5, 1951 To the Honorable Mayor and Members of the City of Dubuque. Gentlemen: At a recent meeting of your Honorable Body, a schedule of fees for Bunker Hill Golf Course was tentatively approved. The Advisory Committee to the Man- ager is of the opinion that such schedule should be changed in certain respects, and accordingly, has submitted a revised schedule with which I agree. Therefore, I recommend the adoption of the following sched- ule: 1. DAILY RATES i. Saturdays, Sundays and Holi- days, including tax ........ $1.20 2. Weekdays, including tax .90 3. Sundown (after 4:30 P.M.) in- cluding tax ................ .6U 4. Children, 16 and under until 1;00 o'clock P:M. (except Satur- days, Sundays and Holidays) in- cluding tax ................ .30 5. Children under 16 at all other times, regular applicable rates. 2. SEASON TICKET RATES 1. Family, including tax .,$45.OD 2. Men, including tax .. $30.00 3. Women, including tax $18.00 4. Children 16 and under, in- cluding tax .............. $15.00 Respectfully Submitted, J. J. SHEA, Acting City Manager. .Councilman Kolb moved that the recommendation of Acting City Manager Shea be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. RESOLUTION N0. 122-51 Be It Resolved by the City Council of the City of Dubuque: Section 1. The fees and charges for playing golf an the new mu- nicipal golf course known as Bunker Hill Golf Course be and the same are hereby fixed as follows: DAILY RATES Saturdays, Sundays and Holi- days, including tax ........ $120 Weekdays, including tax .. .90 Sundown (after 4;30 p.m.), in- cluding tax ............... .60 Children (16 and under) fore- noons, except Saturdays, Sundays and Holidays, including tax .30 Children all other times, regular applicable rates. SEASON TICKET RATES Family, including tax ... $45.00 Men, including tax ...... 30.00 Women, including tax ....., 18.00 Children, 16 years of age and under, including tax ...... 15.00 Section 2. "Children shall mean all persons under 16 years of age. "Holidays" shall mean Memorial Day, Independence Day, and Labor Day only. Section 3. Children playing un- der forenoon rates shall leave the course prior to 1:00 o'clock p,m. Section 4. The City Manager shall provide for the collection and accounting for the foregoing fees and in addition thereto shall charge, collect and account for all State and Federal taxes imposed upon such fees. Section 5. The. City Manager shall post the foregoing fees in a prominent place in the clubhouse located on the golf course and shall require strict compliance with this resolution. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor, ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. 202 Regular Session, March 5, 1951 March 5th, 1951 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: In anticipation of high water conditions, which will inundate East Sixteenth road, to the city disposal area, it is suggested that the road be raised and improved so it can be safely used at all times. If this cannot be done we re- commend that an alternate site be designated for refuse disposal. Respectfully submitted, Albert J. Entringer, M.D. Director of Health Health Department City of Dubuque, Iowa. Councilman Russa moved that the communication be referred to the City Manager to confer with the Street Commissioner for the purpose of exploring a site for disposal. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. March 27th, 1951 To the Honorable Mayor and Members of the City Council, Gentlemen: In reference to your communica- tion of January 23rd, 1951 we recommend that the City Water supply be treated with fluorine. We advise that every precaution be taken that there will be no danger to the public, or to those who will be engaged in this work. We recommend that the flourine be used in quantities approved by the United States Public Health Service and the State Department of Health. Respectfully submitted, Albert J. Entringer, M.D. Director of Health Health Department Dubuque, Iowa. Councilman Russo moved that the recommendation of Director of Health Entringer be received and made a mattter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 5, 1951 Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: At a session of the City Council of the City of Du- buque, Iowa, held February 23, 1951 the following motion was adopted: That the petition of the Dubuque Roofing Company and others, re- questing that two hour parking signs be erected for the block on 6th street from White to Central Ave., be referred to the Chief of Police for investigation and report. I have caused an investigation to be made and find that both sides of 6th Street are parked to capacity on both sides during the week. The porkers apparently park their cars there early in the morning and for the most part remain there till 5:00 P.M. and some later. This long term parking definitely does restrict access to the business places in this area. It is my recommendation that this area be made a two hour re- stricted street. Respectfully yours, JOS. H. STRUB, Chief of Police Councilman Schueller move d that the recommendation of Chief of Police Strub be approved and proper proceedings ordered pre- pared. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. To the Honorable Mayor and City Council Dubuuue, Iowa Gentlemen: For some years the City Council and other bodies con- cerned with the administration of the City have been concerned with unsightly, unhealthful and unsani• tart' condition resulting from the semi-stagnant water of Lake Peosta. Deposits of silt from the storm sewers in the north end of the City which empty into this slough combined with the accumulation of years of dumping have so impeded the current that the water has become almost stagnant. These things are well known to your body and you have directed us to recommend a solution to the ~~ .j j. Regular Session, March S, 1951 203 problem compatible with the best interests of the City as a whole, Several solutions have ben con- sidered. It was first suggested that Lake Peosta be filled so as to join City Island by land to the City. The Dock Board has always opposed this because we do not consider it practical to extend the storm sewers across the island since an adequate rate of fall would place the sewer outlets below the normal surface of the river. We have considered the advis- ability of removing the obstructions in the channel and dredging it to a proper depth but investigation has disclosed that the removal of the concrete block, old curbstones and other such rubble would re- quire blasting and digging opera- tion of prohibitive cost and that it would not be practical to keep the channel open for these storm sew- ers, We therefore recommend that a new channel be dredged in ac- cordance with the attached plan to accommodate the waters from the north end storm sewers as well as the projected B branch sewer. We propose that the City issue sewer bonds in sufficient amount to pay the cost of this improve- ment since we feel that the digging of an alternate channel is primarily designed to accomodate the storm waters. The recreational and scenic bene- fits resulting from this plan, while appreciable, are only incidental. As shown by the schedule, the es- timated cost is $989,000, which at an interest rate of 2% amortized over a 20 year period will require annual payments of $62,000 or on the present real estate valuations an annual tax of less than 1'/z mills, Respectfully submitted, City of Dubuque, Board of Dock Commissioners By J. A. Kerper, Pres. By Fred Neyens, Sec. By A. Y. McDonald Commissioners Councilman Kolb moved that the communication of the Board of Dock Commissioners be referred to the City Solicitor for to submit a report back to the City Council. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Board of Dock Com- missioners requesting the opening up of Railroad Avenue from Term- inal Street to Main Street for the use of the public forever, present- ed and read. Mayor Welu moved that the peti- tion be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 5, 1951 To the Honorable Mayor and Members of the Dubuque City Council. Gentlemen: On February 5th, a claim was filed by Marc Lam- mer for damages in the sum of $15.00, such damages being sus- tained by reason of a hole along side a sewer grate located at the corner of Chestnut Street and Highland Place. Such claim was referred to this office for investigation and report. After due investigation, it is re- spectfully recommended that the claim be paid and the Auditor is instructed to draw a warrant in favor of Marc Lammer in the sum of $15.00 to he delivered to him upon his execution of a proper re- lease. Respectfully submitted, By R. M. CZIZEK, Assistant City Solicitor Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrrnt in the amount of $15.00 in favor of Marc Lammer, as settle- ment in full of his claim, and that said warrant be delivered upon re- ceipt by the City of Dubuque of a properly executed release. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. RESOLU710N N0. 90-51 Be It Resolved by the City. Coun- cil of the City of Dubuque and by 204 Regular Session, March 5, 1951 the Board of Supervisors of Du- buque County, Iowa: Section 1. There is hereby es- tablished ajoint Commission to be known as the Airport Zoning Commission of the County and City of Dubuque. Section 2. Said Commission shall be composed of five (5) members selected and appointed as follows: Two (2) members selected by the City Council of the City of Du- buque, Two (2) members selected by the Board of Supervisors of Dubuque County, One (1) member selected by the four members selected by said municipalities. Section 3. The terms of the mem- bers of said Commission shall be for six (G) years except that one of the members first appointed by each municipality shall serve for two (2) years and the other mem- berfirst appointed by each munici- pality shall serve for fUur (4) years. Section 4. Said Commission shall make recommendations to the Board of Supervisors of Dubuque County and the City Council of the City of Dubuque as to the bound- aries of the original Airport Haz- ard Area in Dubuque County and the appropriate regulations and re- strictions to be enforced therein. Such Commission shall, with due diligence, prepare a preliminary report on such matters and hold public hearings thereon before submitting its final report. Section 5. Said Commission shall have such other powers and duties as may hereafter be assigned to it by joint Resolution of the Board of Supervisors of Dubuque County and the City Council of the City of Dubuque. Section 6. This Resolution shall be in full force and effect ten (10) days from and after its final ap- proval, adoption and publication as provided by law. Rule requiring reading on three separate days suspended by the City Council of the City of Du- buque the 23rd day of February, 1951. Passed, adopted and approved by City Council of the City of Du- buque the 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Mayor Wehc moved the adoption of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Passed, adopted and approved by Board of Supervisors of Du- buque County the 13th day of March, 1951. CLARENCE HAMMERAND, Chairman JOE BAULE HUBERT DONOVAN, Attest: HAROLD P. MELOY, County Auditor RESOLUTION N0. 123-51 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 cigar- ette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Jerome J. Love (Effective 4/1/51), 37 Eighth Avenue Mrs. Annice Jaeger, 1598 Elm Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. ~r, Regular Session, March 5, 1951 205 RESOLUTION N0. 124-51 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, ~~ '~, :~ M Be It Resolved by the City Coun- cil of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLA55 "B" PERMIT Name Address Clarence J. Pfeiffer, 342 Eighth Avenue. Levi J. Roach, 330 Main Street. Mrs. Annice Jaeger, 1598 Elm Street. Mathias A. Schneller, 132 Eighth Avenue. Mrs, Anna Heiar, 1900 Washing• ton Street. Erwin M. Grab and Helen Grab, 1575 Central Avenue. Jerome J. Love, 37 Eighth Av- enue. CLASS "B" PERMIT FOR PRIVATE CLUB Dr. Pepper Bowling Lanes Club, 880 Locust Street. CLASS "C" PERMIT Ernest W, Pfalzgraf, 1300 Cen- tral Avenue, Daniel C. Maloney, 892 Cleve- land Avenue. Passed, adopted and approved this 5th day of March, 1951: CLARENCE P. WELU, Mayor. ROMOLO N, RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. RESOLUTION N0. 125-51 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 occupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the fallowing named ap- plicants aBeer Permit. CLASS "B" PERMIT Clarence J. Pfeiffer, 342 Eighth Avenue. Levi J. Roach, 330 Main Street. Mrs. Annice Jaeger, 1598 Ehn Street. Mathias A. Schneller, 132 Eighth Avenue, Mrs. Anna Heiar, 1900 Washing- ton Street. Erwin M. Glob and Helen Glab, 1575 Central Avenue, Jerome J. Love, 37 Eighth Age- nue. CLASS "B" PERMIT FOR PRIVATE CLUB Dr. Pepper Bowling Lanes Club, 880 Locust Street, CLASS "C" PERMIT Ernest W. Pfalzgraf, 1300 Cen- tral Avenue. Daniel C. Maloney, 892 Cleve- land Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby aA- proved, Passed, adopted and approved this 5th day of March, 1951: CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J, J. SHEA, City Clerk, Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, RESOLUTION N0. 126-51 Whereas, the Planning and Zoq- ing Commission has filed a repoxf recommending the approval of t):te 206 Regular Session, March 5, 1951 petition of John J. Weber asking rezoning from Local Business Dis- trict to Business District Classifi- cation of certain proporty on the northerly side of Dodge street between Bluff street and Peabody street; and, Whereas, before the Zoning Ordinance of the City of Dubuque may be amended, it is necessary to hold a public hearing thereon; Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: That there shall be a public hearing on the question or rezon- ing from "Local Business District Classification" to "Business District Classification" the following des- cribed real estate located in the City of Dubuque; Beginning at the northwest cor- ner of Dodge and Bluff Stret, thence southwesterly along the northerly property line of Dodge Street to the east property line of Peabody street; thence northwest- erly along said easterly property line of Peabody Street a distance of 100 feet; thence northeasterly along a line lying 100 feet north- erly of-and parallel to the north property line of Dodge Street to a point 100 feet west of the westerly property line of Bluff street; thence southeasterly to the South- east corner of Lot 1 of the Sub- division of Lot 2 of City Lot 598; thence south along the west prop- erty line of Bluff Street to the northwest corner of Dodge and Bluff street, which is the point of beginning. That the time and place of said hearing be and the same is hereby fixed for 7:30 o'clock p.m. on the 2nd day of April, 1951 in the City Council Chamber, in the City Hall, Dubuque, Iowa; That the City Clerk be and he is hereby directed to cause to be published in the Telegraph-Herald the official newspaper of the City of Dubuque, notice of such hearing, the same to be so published so as to leave not less than fifteen days between the day of such publica- tion and the day fixed for said hearing, and that said notice shall contain among other things the provision that any and all parties in interest and any and all citizens shall have an opportunity to ob- ject and be heard. Passed, adopted and approved this 5th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Ruso moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. There being no further business Councilman Russo moved to ad- journ. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. J. J. SHEA, City Clerk. Approved ................ 1951 Adopted ................ 1951 Councilmen ............................ Attest :....................... City Clerk. ~~ ~: a Special Session, March 15, 1951 207 City Council (OFFICIAL) Special Session, March 15th, 1951. Council met at 7:30 P.M. Present-Mayo Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Acting City Manager Shea. Meeting called by order of Councilmen Russo and Kolb. Mayor Welu read the call and stated that service thereof had been duly made and that this meeting is called foi the purpose of considering proposals received for the construction of Storm Re- lief Sewers and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of the receipt of proposals for the con- struction of Storm Relief Sewer, Section A-Dodge Street Storm Relief Sewer. Said proposed sewer to be located as follows: Beginning at the intersection of First Street at the Dubuque Ice Harbor; thence westerly on First Street to the alley between Locust and Bluff Streets; thence southerly in said alley to the southerly line of Dodge Street, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Council• man Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of the receipt of proposals for the con- struction of Storm Relief Sewer, Section B-Eighth Street Storm Re- lief Sewer. Said proposed sewer to be located as follows: Beginning at the intersection of Lake Peosta slough and of the prolongation of East Eighth Street Extended; thence westerly along the prolonga- tion of East Eighth Street Extend- ed and of East Eighth Street to the east property line of White Street, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of the receipt of proposals far the con- struction of Storm Relief Sewer, Section C-Southern Avenue Storm Relief Sewer. Said proposed sewer to be located as follows: Commencing at the intersection of Railroad Street and Southern Avenue; thence easterly on Rail- road Street a distance of approx- imately 450 feet to the point of beginning which is the terminus of the existing 60 inch storm sewer; thence southerly and south- easterly a distance of approx- imately 1,940 feet to the terminus and junction with the existing railroad culvert beneath the tracks of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company and of the Illinois Central Rail- road Company tracks at what is known as South Junction, which existing culvert discharges into the westerly side of the Missis- sippi River, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilmen Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of notice of the receipt of proposals for the con- struction of Storm Relief Sewer, Section D-Bee Branch Sewer. Said proposed sewer to be located as follows: Beginning at the intersection of East 15th Street with Sycamore Street; thence westerly on East 15th Street to Maple Street; thence northerly on Maple Street to East Seventeenth Street; thence westerly on East Seventeenth Street to Central Avenue; thence continuing westerly on West Seventeenth Street to the east property line of Main Street; thence beginning again at the ~> ~, ,'. ~,. _. 2'08 special Session, March i5, 1951 intersection of East Seventeenth Street with Jackson Street; thence northerly on Jackson Street to East Twenty-eighth Street; thence west- erly on East Twenty-Eighth Street to Central Avenue; thence north- erly on Central Avenue to its terminus at the intersection with the existing Bee Branch Sewer located in Central Avenue at ap- proximately the middle point between Thirtieth and Thirty-Sec- ond Streets, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following b6te: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 15, 1951 To the 'Honorable Mayor and "City Council, ', Dubuque, Iowa. Gentlemen: The results of the letting this afternoon on the relief sewers are as follows: Section B. 1 Bidder - M. L. ' `Gaber, Galena, Illinois. at $122,- 472.25. (Our estimate was $100,-', 835.00). 'Section C. 1 Bidder-Larson- Coyle'Co., Dubuque, Iowa at $180,- 276.80. (Our estimate was $127,- 316.00). Section D. 1Bidder-McCarthy Improvement CD., Davenport, Iowa at $2,860,793.75. (Ottr estimate was $1,442,228.00). The aggregate of these bids and "df'the B Branch alone is far more than the funds heretofore author-. iced in your bond issue ordinance, We believe there will be con• siderable advantage in readvertis- ing this work. Therefore, we recommend to you that all bids be reviewed and that new bids be called for April 16th at 2 P.M. Ifthis action is taken by you, we will be discussing with your 'City Engineer some minor changes in the specifications to be covered. by an addendum which may result in •lowering the cost of some con- 'struction materials and certainty will tend to increase the supply'.. of available materials. We will also Special Session, March 15, 1951 209 give thought to substituting bar I an icy sidewalk in front of 517 steel reinforcement in the concrete Loras Boulevard, presented and pipe in lieu of steel wire. read. When these proposed changes and specifications have been worked out by the City Engineer and ourselves, the proposed ad- dendum will be submitted to you for final approval. Herewith attached is a blueprint. showing the tabulation of bids. Respectfully submitted, CONSOER, TOWNSEND & ASSOCIATES By Arthur W. Consoer, Robert A. Schiller. Councilman Russo moved that the communication and bids be referred to the City Council for review. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo. Schueller. Nays-None. Notice of Claim of John Schadler in the amount of $8.00 for dam- ages to his automobile caused in striking a hole in the street in the 1700 block on Bennett Street, pre- sented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb. Russo, Schueller. Nays-None. Notice of Claim of Cletus Palm in the amount of $25.00 for dam- ages to his automobile caused in striking an excavation in front of 343 Hill Street, which excavation had no lights or barracades, pre- sented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councllmen Austin, Kolb, Russo, Schueller. Nays-None. Notice of Claim of Robert J. Mc- Cauley in the amount of $1,000,00 for injuries received in a fall on f} i I I{ Lr . I ,`~ Mayor Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller, Nays-None. Notice of Claim of J. R. Puls in the amount of $25.00 far damages to his automobile caused by a faulty turn-around on the end of Heeb Street on the north side, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for investiga• tion and report. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of The Kroger Company asking Council permis- sion to hold the drawing and pre- sentation of the free Ford converti- ble automobile on Saturday, March 'loth at 12:00 A.M, and 2:30 P.M., presented and read. Councilman Russo moved that the communication be referred to the Chief of Police for appropriate action. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Dubuque, Iowa March 14, 1951 Honorable Mayor and Members of the City Council: Gentlemen: The members of City Employees Local No. 228 send this note of appreciation for the recently granted salary increase, to be ef- fective this April 1st. This added income will aid in coping with the rising cost of living. Also, the fact that you members of the Council have the general welfare of the worker in mind does not ga unappreciated. Sincerely, City Employees Local No. 228. Councilman Schueller moved that the communication be received and made a matter of record. Sec- onded by Councilman Kolb. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of Jerome ~ B. Schiltz submitting bid in the amount of $200.00 for the pur- chase of Lots 6 and 7 of Quigley's Sub of Outlot 712, presented and read. Mayor Welu moved that the communication be referred to the Council to view the grounds. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of The Pure Oil Company with reference to per- mits granted to them for the pur- pose of building, constructing, maintaining and operating certain petroleum products storage facili- ties within the corporate limits of the City and requesting that if the Council contemplates any action which would jeopardize the validity of their permits that they be given an opportunity to be heard thereon prior to the final action or deter- mination adverse to them, pre- sented and read, Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 15, 1951 Honorable Mayor and Members of the City Council: Gentlemen: The petition of Roshek Bros. Co. regarding the construction of the bulk storage plant of the Pure Oil Ca. was referred to me for in- vestigation and report. Under the provisions of the Building Code, permits for the con- struction of such plants are issued by the City Building Commissioner. The Building Commissioner, since he is an administrative officer only, is not entitled to refuse such a ~z Ili l 210 Special Session, March 15, 1951 permit unless there has been a failure to comply with state or city regulations. I have not been able to ascertain any such viola- tion under the facts presented to me. The issuance of the permit is a ministerial duty of the Building Commissioner and was referred to your body in order to apprise you of the facts. The petitioner has referred to the section of the Zoning Ordin- ance which prohibits the erection of certain structures without the permission of the Board of Adjust- ment being first had and obtained. Art. VIII Section 1, of the Zoning Ordinance in prescribing regula- tions for Light Industrial Districts provides: "All buildings and premises may be used for any purpose except the fallowing: (18) Explosive manufacture or storage of same except as per- mitted by existing ordinances. (35) Petroleum products, refining ar bulk storage." Art. VIH Section 1 of the Zoning Ordinance which sets out the use regulations for Heavy Industrial Districts provides in part: "No buildings or occupancy per- mit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the Board of Adjustment: (5) Explosive manufacture or storage of same, (6) Petroleum refining" It is therefore my conclusion that a distinction is made in the ordinance between (1) explosive manufacture and storage (2) petrol- eum refining (3) petroleum storage and since petroleum bulk storage is not included in the exceptions enumerated in Article VIH the permission of the Board of Adjust- ment is not required, However the Building permit was issued by the Building Com- missioner and it/is not the inten- tion of this opinion to pass upon the petitioners right to appeal from his action to the Board of Adjust- ment in accordance with Art. XVI Section 5 of the Zoning Ordinance, • Respectfully submitted, T, H. Nelson, City Solicitor, Councilman Kolb moved that the communication of City Solicitor Nelson be received and made a matter of• record. Seconded by Councilman Austin. Carried by the following vote: Yeas--,Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Mayor Welu moved that the petition of Roshek Bros., protesting the granting of permits to the Pure Oil Company and demanding that such permits be rescinded, be overruled. Seconded by Council- man Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Joseph Bartman re- questing the construction of curbs and gutters and street improved on Argyle Street from Lowther Street to Goethe Street, presented and read. Mayor Welu moved that the City Engineer be instructed to prepare a plat and schedule for the im- provement of Argyle Street as re- quested. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Mrs. Clarence Gor- don requesting the placing of a street light on the corner of Hazel and Warrick Streets, presented and read. Councilman Russo moved that , the petition be referred to the City Manager and Electrical hnspector for recommendation and report. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of St. Joseph Church requesting that additional street lights be installed on St. Joseph and Stetmore Streets, presented and read, Councilman Kolb moved that 1;4 G~ Special Session, March 15, 1951 211 the petition be referred to the City Manager and Electrical In- spector for recommendation and report. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Hyde Clark Woman's Relief Corps requesting permission to sponsor a tag day on the eve- ning of April 6 and all day Satur- day, April 7th, 1951, presented and read. Councilman Kolb moved that the request be granted providing there are no conflicting dates. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Rod and Gun Club, by Don Kress, requesting a re- fund in the amount of $25.00 on the unexpired portion of his Cigar- ette Permit No. 263, as he has dis- continued business on February 23, 1951, presented and read. Councilman Russo moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Rod and Gun Club to cover the amount of refund grant- ed on the unexpired portion of Cigarette Permit No. 263. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Mr. and Mrs. Chas. Jochum and others requesting that a street light be placed at the cor- ner of Hempstead and Lowell Streets, presented and read, Mayor Welu moved that the peti- tion be referred to the City Man- ager and Electrical Inspector for recommendation and report. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Frank O'Rourke re- questing arefund in the amount of $150.00 on the unexpired por- tion of his Class "B" Beer Permit No, 128, as he has discontinued business on March 5, 1951, pre• sented and read, Councilman Russo moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Frank O'Rourke to cover the amount of refund grant- ed on the unexpired portion of his Class "B" Beer Permit No. 128. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Council Proceedings for the month of October, 1950, presented for approval. Councilman Kolb moved that the Council Proceedings for the month of October, 1950, be approved as printed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of Janu- ary, 1951, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Ordinance No. 20-51 An ordinance granting to Wes- ley W. Heitzman and Harriet Heitz• man, his wife, their heirs or as- signs, the right to construct a sanitary sewer in Marion Street, and prescribing the conditions of this grant and regulating the con- nection with said sanitary sewer, said ordinance having been passed upon first reading on March 5th, 1951, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE N0. 20-51 AN ORDINANCE GRANTING TO WESLEY W. HEITZMAN AND HARRIET HEITZMAN, HIS WIFE, THEIR HEIRS OR ASSIGNS, THE RIGHT TO CONSTRUCT A SANI- TARY SEWER IN MARION STREET, AND PRESCRIBING THE CONDITIONS OF THIS GRANT AND REGULATING THE CON- NECTION WITH SAID SANITARY SEWER. III I~' I~~. ^, l 212 Special Session, March 15, 1951 Be it Ordained by the City Council of the City of Dubuque: Section 1. Wesley W. Heitzman and Harriet Heitzman, his wife, their heirs and assigns, are hereby granted tho right to construct an eight-inch sanitary sewer in Marion Street com- mencing at the existing manhole lo- cated at the intersection of Marion and Concord Streets and running east- erly along the center line of Marion Street to the intersection with the extension of the line between Lat 47 and Lot 48 in Babcock's Addition to the City of Dubuque, Iowa. Section 2. That the total cost of constructing said sewer shall be paid by said grantees and built under the supervision of and in accordance with then City dManagera ands the pCity dEn gineer. Section 3. That before commencing any excavation in the street prepara- tory to the laying of the sewer, said grantees or the contractor to whom the work shall be awarded shall cause to be filed with the City oY Dubuque a public liability and property dam- age insurance policy, with a com- ea'd City, tin (which the Cityoof dDuy buque is named as an additional in- sured and by the terms of which pol- icy the City of Dubuque, Iowa, shall be insured against liability in the amount of Ten Thousand Dollars ($10,000.00) for any and all damages which may be sustained by reason of or in connection with the con- struction oP said improvement and said policy shall remain in force and effect until all ditches are refilled, obstructions removed from the street and the surface of the street and side- walks replaced to as good condition as they were in before disturbed. Section 4. As a further condition of this grant, it is understood that after said sewer is completed the City of Dubuque shall have the right to make extensions thereto Into other streets or districts without being re- quired to pay any part oP the cost of the original construction oP the sewer herein authorized. Section 6. Upon completion of the aforesaid project pursuant to the di- rection and supervision of the City Manager and City Engineer, and ac- ceptance by the City Council of the City of Dubuque, a1] maintenance and repairs of this sewer shall be paid by the City of Dubuque. Section 6. After said sewer has been completed and the total cost thereof determined, such cost shall be certified as correct and tiled in the office of the City Clerk, where the same shall remain as a perma- nent record. Any person or persons desiring to connect with said sewer shall first apply to the City Council for permision so to do and such per- mission shall be granted upon condition that such property owner pay to the applicant here, its successors or as- signs, such a part of the total original cost oP construction of said sewer as the linear feet of the property to be connected bears to the same, which cost shall not be in excess of that which may be levied upon property in the construction of sewers as pro- vided by statute. Section 7. That after said sewer has been constructed it shall not be removed or its tree use interfered with by the grantee herein, its suc- cessors or assigns. Section 8. 'this Ordinance shall be in force and effect ten days from and after its final passage, adoption and publication as provided by law. Passed upon first reading this 6th day of March, 1951. Rules requiring reading of an Ordi- nance on three separate days sus- pended the 5th day of March, 1951. Passed, adopted and approved upon final reading this 15th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: Councilmen. J. J. Shea, City Clerk. Published officiany in The Tele- graph~Herald newspaper this 20th day oY March, 1951. J. J. SHEA, City Clerk. Mayor Welu moved the adoption of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. ^~rdinance No. 21-51 An Ordinance making appropri- ations for the expenditures of city government of the City of Du- buque, Iowa, for the fiscal year beginning April 1, 1591, and end- ing March 31, 1952, presented and read. Councilman Austin moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schuel- ler. Carried by the following vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Councilman Austin moved that the ordinance be placed on file with the City Clerk for public in• spection for at least one week be- fore its final adoption. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 13, 1951. Ta the Honorable Mayor, and Members of the City Council, City of Dubuque, Iowa. Gentlemen: At a meeting of the City Council held February 23, s 3' '~`, ~~ Special Session, March 15, 1951 213 1951, the petition of Russell Smith and others, requesting that a sani- tary sewer and city water main be installed on Sullivan and Levi Streets, was referred to the Coun- cil to view the grounds. The Council viewed the grounds on March 7th, 1951, and decided that the request be granted, the installation of water main to be done by the Water Department, and that a plat and schedule be prepared for the construction of the sanitary sewers after waivers are secured for the payment of special assessments from the own- ers of vacant anal undeveloped pro- perty. I recommend that the decision of the Council be confirmed. Respectfully submitted, J. J. SHEA, Acting City Manager. Councilman Russo moved that the recommendation of Acting City Manager Shea be approved. Sec- onded by Mayor Welu. Carried by the following vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 13, 1951. To the Honorable Mayor, and Members of the City Council, City of Dubuque, Iowa. Gentlemen: At a meeting of the City Council held March 5, 1951, the petition of the Board of Dock Commissioners, City of Du- buque, Iowa, requesting that Rail- road Avenue from Terminal Street to Main Street be opened up far the use of the public, was referred to the Council to view the grounds. The Council viewed the grounds on March 7th and decided not to grant the request, as the opening of Railroad Avenue from Terminal Street to Main Street would great- ly interefere with the operation of the two railroads passing over this crossing and further would cause a loss in employment to a large number of railroad employees. I recommend that the decision of the Council be confirmed. Respectfully submitted, J. J. SHEA, Acting City Manager. Councilman Kolb moved that the recommendation of Acting City Manager Shea be approved. Seconded by Mayor Welu. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 13, 1951. To the Honorable Mayor, and Members of the City Council, City of Dubuque, Iowa. Gentlemen, At the Council meeting held March 5, 1951, the petition of Nick Grommersch, re- questing that the Council view the condition that now exists at the end of Burlington Street that abuts his property, as all storm water drains across his property. The Council viewed the grounds and decided that a Profile be pre- pared showing the proposed grade of Burlington Street. I recommend that the decision of the Council be confirmed. Respectfully submitted, J. J. SHEA, Acting City Manager. Councilman Austin moved that the recommendation of Acting City Manager Shea be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None, March 13, 1951. To the Honorable Mayor, and Members of the City Council, City of Dubuque, Iowa. Gentlemen: At the Council meeting of March 5th, 1951, the petition of Nick Grommersch, re- questing permission to extend the sanitary sewer in Muscatine Street over Putnam Street to service his property was referred to the City Manager for recommendation and report. I recommend that the request be granted, the extension of said sewer to be under the supervision of the City Engineer and in ac- cordance with city plans and speci- fications and that proper proceed- ings be prepared. Respectfuly submitted, J. J. SHEA, Acting City Manager. Councilman Kolb moved that the recommendation of Acting City Manager Shea be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. 214 Special Session, March 15, 1951 March 13, 1951. To the Honorable Mayor, and Members of the City Council, City of Dubuque, Iowa. Gentlemen: At the Council meeting of March 5, 1951, the mat• ter of acquiring a temporary dump- ing area during high water con- dition when the road to East 16th Street dumping area will be inun- dated by flood waters was referred to City Manager to confer with the Street Superintendent to explore a temporary site. I beg to report that this has been accomplished and submit for Council information a communica- tion from Street Superintendent Cletus Allen, which covers both a temporary dumping area, and the construction of the road on East 16th Street. Respectfully submitted, J. J. Shea, Acting City Manager. Councilman Austin moved that the report of Acting City Manager Shea be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 14, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Depart- ment and City Water Works for the month of February, 1951; al- so list of claims and list of pay- rolls for which warrants were is- sued for the month of February, 1951. Respectfully submitted, J. J. SHEA, Acting City Manager. Councilman Russo moved that the reports be received and placed on file. Seconded by Mayor Welu. Carried by the following voter Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of Chief of Po• lice Strub submitting analysis of traffic conditions and submitting the following recommendations for Council consideration: That Sched• ule III of the Traffic Ordinance should be amended by removing the intersections of 7th and 9th Streets on Iowa from the list of intersections requiring stops; that Schedule II be amended adding thereto a requirement that Iowa Street be declared a through street from the north line of West Fourth Street to the south line of 8th Avenue and from the north line of 8th Avenue to the south line of West 12th Street and from the north line of West 12th Street to the south line of Loras Boulevard; (This in effect would establish Iowa a through street from 4th Street to Loras Boulevard except for the cross town through streets of 8th and 12th Streets), That Schedule II be amended by adding thereto a requirement that White Street be declared a through street from the north line of East 4th Street to the south line of East 12th Street and from the north line of East 12th Street to the south line of East 14th Street and from the north line of East 14th Street to the south line of East 17th Street and from the north line of East 17th Street to the south line of East 20th Street; That Sched- ule III be amended by adding the intersection of East 17th and White Street as a stop intersec- tion, stopping north and south traf- fic, presented and read. Councilman Austin moved that the recommendation of Chief of Police Strub be approved and pro- per proceedings prepared, Sec- onded by Councilman Kolb. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 15; 1951. Honorable Mayor and Members of the City Council. Gentlemen: Pursuant to your direction this office instituted con- demnation proceedings to acquire the property on Iowa Street owned by Magdaline P. Millin. The sher- iff's jury made an award to Mrs. Millin of $28,688.00 as damgaes re- sulting from the acquision of this property by the City. Subsequent to the award, nego- tiations were entered into with Mrs. Millin resulting in an agree- ment in which she agrees to waive her rights of appeal and to deliver a warranty deed to the ~;. .:}, ~~, R. Special Session, March 15, 1951 215 property on condition that she be allowed to remove certain fixtures and deliver possession May 15, 1951. Although I do not believe an ap- peal would result in a larger award, it would substantially delay the offstreet parking program and I consequently recommend that the Acting City Manager be authorized to execute the attached agreement on behalf of the City and that the purchase of the property under the terms and conditions therein set out be approved and that upon de- livery of possession and warranty deed to the property, the Auditor be authorized to issue a warrant payable to Magdaline P. Millin in the amount of $28,688.00. Respectfully submitted, T. H. NELSON, City Solicitor. Councilman Kolb moved that the recommendation of City Solici• for Nelson be adopted, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. AGREEMENT This agreement entered into this 14th day of March, A.D. 1951 by and between Magdalena P. Millin, and City of Dubuque, Iowa, a mun- icipal corporation, Witnesseth: 1. Magdaline P. Millin agrees to sell and the City of Dubuque agrees to buy the following described real estate situated in Dubuque Coun- ty, Iowa; The Southerly 48 feet 3 inches of Lot No. 205 in the Town (now City) of Dubuque, Dubuque County, Iowa, according to the original plat there- of, the northerly line of said real estate being the center of the par- tition wall between the house on said premises and the building on Lot 204 and part of Lot 205; to- gether with all appurtenances and improvemen±s thereto belonging. 2. The agreed purchase price of said real estate is Twenty-eight Thousand, Six Hundred Eighty- eight and no/100 Dollars ($28,- 688.00) payable in cash by the City of Dubuque upon the delivery of an Abstract of Title showing good and merchantable title in Magdaline P. Millin together with her prop- erly executed Warranty Deed con- veying said premises to the City of Dubuque, together with delivery of possession of said premises to the City of Dubuque. 3. Magdalena P. Millin agrees to deliver possession of said premises on or before May 15th, 1951. 4. There is hereby reserved to the said Magdalena P. Millin the right to remove at her own expense and prior to May 15th, 1951 the following fixtures now located on said premises: All bath room fixtures Oil burner and tank Hot water heater This right shall not include the right to remove any piping con- nected to such fixtures not forming an integral part of the same and any such fixtures not so removed shall pass to the City of Dubuque without additional compensation upon payment of the stipulated purchase price. 5. It is understood and agreed that this agreement is subject to approval by the City Council of the City of Dubuque, Executed in duplicate this 14 day of March, A.D. 1951, MAGDALRQE P. MILLIN Seller CITY OF DUBUQUE, Purchaser By J. J. SHEA, Acting City Manager RESOLUTION N0. 127-51 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "S" PERMIT Name Address Sylvester A. Weiner and Dolores Weiner, 201 East 22nd Street. Raymond McLaughlin, 2222 Cen- tral Avenue. Robert J. Quinlan and Evelyn J. Quinlan, 1091 White Street. CLASS "C" PERMIT Thomas E. Nacos, 1598 Jackson Street. Clarence J. Kipper, 1585 Delhi Street. ^ ~. 2. y ~ r ".' ~.... .., ,. n .r h r l „ ~. y . - ~. > r....n n .:., .'e 'h",~'....n.M,x-9~'~k°VY6'rt~Wid'Sie'~1'1~3'$'K.'1 ,~'Y, i 216 Special Session, March 1 S, 1951 Mrs. Rosemary Wright, 2987 Jackson Street. Don E. Wertz, 630 Main Street. Passed, adopted and approved this 15th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCIiUELLER, Councilmen. Attest: J. J, SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. RESOLUTION N0. 128-51 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 a proper bond: Now, Therefore, Bt It Resolved by the Council of the City of Dubuque that the Man- ager be and he is directed to is- sue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT Name Address Sylvester A. Weiner and Dolores Weiner, 201 East 22nd Street. Raymond McLaughlin, 2222 Cen- tral Avenue. Robert J. Quinlan and Evelyn J. Quinlan, 1091 White Street. CLASS "C" PERMIT Thomas E. Nacos, 1598 Jackson Street. Clarence J. Kipper, 1585 Delhi Street. Mrs, Rosemary Wright, 2987 Jackson Street. Don E. Wertz, 630 Main Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 15th day of March, 1951. CLARENCE P. WELD, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest J, J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. RESOLUTION N0. 129-51 A resolution accepting Bunker Hill Golf Course, providing for the supervision and management there- of and extending the city limits to include the same. Whereas the Wahlert Foundation has delivered a deed of gift to the City of Dubuque conveying to said City the premises known as Bunk- er Hill Golf Course and described as follows: Mineral Lot 189, Lot 2 of Mineral Lot 265; Mineral Lot 201, Lot 1 of Mineral Lot 265; Lot 2 of Mineral Lot 340; Lot 1 of Lot 3 of Mineral Lot 340; Mineral Lot 200; Lot 1 of Mineral Lot 202; Lot 2 of Mineral Lot 202; Lot 2 of 2 of Highland Farm in Dubuque County, Iowa; and Whereas a part of said premises lies outside the corporate limits of the City of Dubuque which part is described as follows: Lot 2 of 2 of Highland Farm; Lot 1 of Mineral Lot 201; Lot 1 of 1 of Mineral Lot 265 in Dubuque County, Iowa; and Whereas the City Engineer has submitted a plat of the last de- scribed premises showing the sit- uation of said premises with ref- erence to the existing limits of said City; and Whereas it appears that the City of Dubuque is the sole owner of said premises and that is neces• sary and desirable that said prem- ises become a part of the City of Dubuque and that provision be made for the control and super- vision of said golf course; Special Session, March 15, 1951 217 Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: j 1. That the City of Dubuque ~ hereby accepts the deed from the i Wahlert Foundation, Grantors, to: Mineral Lot 189; Lot 2 of Min- eral Lot 265; Mineral Lot 201; Lot 1 of Mineral Lot 265; Lot 2 of Mineral Lot 340; Lot 1 of Lot 3 of Mineral Lot 340; Mineral Lot 200; ' Lot 1 of Mineral Lot 202; Lot 2 of Mineral Lot 202; Lot 2 of 2 of <~.+ Highland Farm in Dubuque County, Iowa; 2. That the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to in- clude: Lot 2 of 2 of Highland Farm, Lot 1 of Mineral Lot 201, Lot 1 of 1 of Mineral Lot 265 in Dubuque Coun- ty, Iowa, by annexing to the City of Dubuque: Lot 2 of 2 of Highland Farm, Lot 1 of Mineral Lot 201, Lot 1 of 1 of Mineral Lot 265 in Dubuque County, Iowa. 3. That the Golf Course not locat- ed on said premises be operated as a municipally owned and op- , ~ erated golf course under the super- vision of the City Manager in ac- cordance with Chapter 394 of the 1950 Code of Iowa and known as "Bunker Hill Municipal G o 1 f Course." 4. That the City Manager is here- by authorized to appoint a Golf Course Manager and such other employees as may be necessary to proper operation and maintenance of said premises; 5. That the Golf Course Manager, in addition to such other duties as may be assigned to him by the City Manager shall: a. Supervise the entire area and be responsible far the proper care and maintenance of the ;i, grounds, buildings and equip- ment. b. Maintain order and require the proper observation of all applic• able laws and ordinances at all times with the assistance of all other law enforcing agencies of the City. c. Collect and account for all fees, rentals and charges for the use of the golf course facilities. 0 d. Maintain such records and ac- counts as may be required by the City Manager. 6. All persons handling public moneys in connection with said golf course shall furnish a bond with an approved surety company authorized to do business in the State of Iowa in favor of the City of Dubuque in the amount of not less than One Thousand Dollars ($1,000). 7. The City Manager is author- ized to appoint an Advisory Board of not more than five (5) citizens of the City of Dubuque to serve at his pleasure without compensa- tion, who may advise with him on matters of policy regarding said Golf Course. Passed, adopted and approved this 15th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Second• ed by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. AGREEMENT This Agreement entered into by and between City of Dubuque, a municipal corporation of Iowa, party of the first part and Leonard H. Crane and Betty Crane, parties of the second part, Witnesseth; 1. Party of the first part leases and demises to parties of the sec- ond part the following rooms and facilities located in the Club House of the new municipal golf course operated by the City of Dubuque and known as Bunker Hill Golf Course, to-wit: The kitchen, dining room, lounge, upstairs dining rooms and pro shop. 2. Parties of the second part agree to operate a business in said premises consisting of the sale to the public of meals, soft drinks, golfing supplies and to do all other things necessary and incidental to the proper and satisfactory opera- tion of a restaurant and "pro shop" including the repair and ser• vicing of golf clubs. 218 Special Session, March 15, 1951 3. Parties of the second part agree to pay as rental for said premises forty per cent (40%) of the net profit accruing from the operation of said business which rental shall be computed and pay- able in the following manner: a. The net income shall consist of the difference between gross sales and the sum of the cost of goods sold and the expenses, and shall be determined in accordance with standards of good and ac- cepted accounting procedure for like businesses; b. Amount not exceeding two hundred dollars ($200) per month for the services of the said Leonard H. Crane and One Hundred Fifty Dollars ($150) per month for the services of the said Betty Crane may be chargeable as an expense item so long as said services are actually furnished. However, this clause shall not be construed to obligate the City of Dubuque in any manner to pay for said services or constitute the said Leonard H. Crane or Betty Crane employees or agents of the City of Dubuque in the operation of said business. c. Said rental shall be payable as follows: 1.On the first day of April, 1951 parties of the second part shall prepare and submit a statement to the City Manager showing the net profit for the period from Febru- ary 10, 1951 to May 31, 1951 and shall pay over to the City of Du- buque asum equal to 20% of the net profit as shown by said state- ment. 2.On the first day of each month thereafter the parties of the sec- ond part shall prepare and submit a statement to the City Manager, showing the net profit for the preceding month and shall pay over to the City of Dubuque a sum equal to 20% of the net profit as shown by said statement. 3. On the 1st day of March, 1952 the parties of the second part shall prepare and submit a statement certified to by a recognized firm of accountants showing the net profit resulting from the operation of said business for the entire period from February 10, 1951 to March 1, 1952 and shall pay over to the City of Dubuque the dif- ference between forty per cent (40%) of the net profit as shown by said statement and the sums paid to the City of Dubuque in accordance with sub-paragraphs 2 and 3 hereof. 4. Parties of the second part agree to pay and account for the rental reserved in paragraph 3 hereof in the amounts and at the times specified. 5. Parties of the second part agree to operate said business -in an efficient and business-like man- ner and in accordance with good business practice. 6. At the experiation of this agreement parties of the second part agree to quit and surrender the premises in as good state and condition as reasonable wear and tear will permit, damage by fire and the elements excepted. 7. Parties of the second part agree that they will not assign this lease nor let or underlet the whole or any part of the premises, nor make an alteration therein without the written consent of the City Manager; that they will not occupy or use, or permit to be oc• cupied or used, the said premises for any occupation deemed extra- hazardous on account of fire or otherwise; and that they will com- ply with all Federal and State Laws and City Ordiances of the City of Dubuque in the operation of said premises. 8. It is agreed that the term of this lease shall be from February 10, 1951 to March 1, 1952. It is further agreed that this agreement shall continue in force from year to year thereafter; Provided, that either party shall have the right to terminate the same at the end of the term above mentioned or any term thereafter by giving at least sixty (60) days' notice in writing. 9. It is further agreed that par- ties of the second part shall main- tain such books and records of the operation of said business as may be prescribed by party of the first part and the City Manager or his authorized representative shall be permitted to examine the same .j `'. Special Session, March 15, 1951 at any reasonable time during the term of this agreement. Executed in duplicate this 16th day of March, 1951. CITY OF DUBUQUE, Party of the First Part By J. J. SHEA, Acting City Manager LEONARD H. CRANE BETTY L. CRANE, Parties of the Second Part Councilman Russo moved that the rules be suspended for the purpose of allowing any one pres- en in the Council Chamber, who wishes to do so, to address the Council, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. There being no further business Councilman Russo moved to ad- journ. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. J. J. SHEA, City Clerk Approved ............... 1951 Adopted ................. 1951 219 ~: 224 Special Session, March 16, 1951 C'ty Council (OFFICIAL) Special Session, March 16th, 1951. Council met at 4:35 P, M. Present-Mayor Welu, Council- men Kolb, Russo, Schueller. Act• ing City Manager Shea. Absent-Councilman Austin. Meeting called by order of Coun- cilmen Schueller and Russo. Mayor Welu read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering the proposals sub- mitted by contractors for the con- struction of Storm Relief Sewers and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Kolb moved that all bids submitted by contractors far the construction of Storm Relief Sewers be rejected. Seconded by Mayor Welu. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Kolb, Russo, Schueller. Nays-None. Absent-Councilman Austin. Councilman Russo moved that the City Treasurer be directed to return the certified checks to the respective contractors who sub- mitted proposals for the construc- tion of Storm Relief Sewers. Sec- onded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Kolb, Russo, Schueller. Nays-None. Absent-Councilman Austin. Councilman Schueller moved that the City Clerk be instructed to re- advertise for bids for the con- struction of Storm Relief Sewers. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Kolb, Russo, Schueller. Nays-None. Absent-Councilman Austin. Councilman Austin entered the Council Chamber and took his seat at 4:40 P.M. March 16th, 1951 Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: You have referred the letter of the Dock Board of March 3rd, 1951 to this office for an opinion of the legality of the construction of the Lake Peosta project as a sewer improvement. In Aldrich V. Paine 106 Iowa 461 the Supreme Court has defined a sewer as the same thing as a ditch or -drain and stated that such a ditch or drain may be constructed in an area controlled by a City to promote the public health. It is therefore my opinion that the City may construct this pro- ject under its authority to con- struct sewers and that the deter- mination of the size and type of sewer is a matter for the discre- tion of the Council exercised in good faith after public hearing. Respectfully submitted, T. H. Nelson, City Solicitor. Councilman Russo moved that the opinion of City Solicitor Nel- son be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of M. B. Olansky submitting offer in the amount of $400.00 for the purchase of the northerly 150 feet of the south part of Lot 2 of Lot 3 of the Sub. of Mineral Lot 158, presented and read, Councilman Kolb moved that the communication be referred to the Acting City Manager for recom- mendation and report. Seconded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. There being no further business Councilman Austin moved to ad- ':s ,~ Special Session, March 16, 1951 journ. Seconded by Councilman Russo. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None. J. J. SHF.A, City Clerk. Approved ............... 1951 Adopted ................ 1951 I Councilmen: { Attest :............... city clerk. 221 222 Special Session, March 28, 1951 City Council (OFFICIAL) Special Session, March 28th, 1951. Council met at 7,30 P.M. Present-Mayor Welu, Council- men Austin, Kolb, Russo, Schueller. Acting City Manager Shea. Meeting called by order of Councilmen Kolb and Austin. Mayor Welu read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adoption Ordinance No. 21.51. An Ordinance making appropriations for the ex- penditures of City Government of the City of Dubuque, Iowa, for the fiscal year begining April 1, 1951 and ending March 31, 1952 and acting an any other business as may properly come before a re; ular meeting of the City Council. Notice of Hearing on the applica- tion of the City of Dubuque before the Corps of Engineers U.S. Army, Rock Island, Illinois, for a permit to construct storm sewer outlets at the foot of West First Street in Dubuque Harbor and at the foot of East Eighth Street in Lake Peosta, said hearing to be held April 10, 1951, presented and read. Councilman Kolb moved that the Notice of Hearing be received and placed on file. Seconded by Coun- cilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of the Continen- tal Casualty Company submitting Certificate of Compliance for the transaction of Fidelity and Surety business in the State of Iowa for the year ending March 31, 1952, presented and read. Councilman Kolb moved that the communication be received and filed and the Certificate of Com- pliance placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller. Nays-None. Communication of The Salvation Arrnv asking Council consideration to be allowed to remain in their building at 952 Iowa Street until the first day of May, 1951, pre• sented and read. Mayor Welu moved that the re- quest be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of Fire Chief Hickson asking permission to at- tend the Annual Fire School to be held at Ames, Iowa, on May 15, 16, 17 and 18, 1951 and further requesting that he be granted permission to take at least two additional Members of the Fire Department to attend the Annual Fire School, the expenses to be borne by the City of Dubuque, also that he be granted permission to attend the Missouri Valley Fire Chief's Convention to be held in St. Louis during the month of June, 1951, the expenses to be borne by the City of Dubuque, pre- sented and read. Mayor Welu moved that the re- quests be ,granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communication of Fred J. Huf- till, Member of the Dubuque Fire Department, asking that he be granted a two week leave of absence commencing April 8, 1951 to attend an Instructors course to be held at the Great Lakes Naval Training Station, as he has been ordered by the U.S. Navy to attend this Course, presented and read. Councilman Austin moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays--None. Petition of Frank Specht request- ing that some action be taken with reference to storm water drainage coming from the hill at Special Session, March 28, 1951 223 Rush, Villa or Florence Streets causing their property to be flooded at 95 Valley Street, pre- sented and read. Councilman Russo moved that the petition be referred to the City Engineer for investigation and report. Seconded by Council- man Kolb. Carried by the following vote: ', i !~ ~, Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Bert P. Kalb request- ing Council to consider the enforc- ing of parking on one side of the Street only between Madison Street and North Main Street on Seminary Street, presented and read. Mayor Welu moved that the petition be referred to the Chief of Police and the Fire Chief for recommendation and report. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of the Dubuque Safety Council requesting Council to vie~v the grounds on Loras Blvd. be- tween Nevada Street and Glen Oak Street and cause more lighting to be placed as the present lighting is inadequate, presented and read. Mayor Welu moved that the petition be referred to the City Manager and Electrical Inspector for recommendation and report. Seconded by Councilman Austin Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb Russo, Schueller. Nays-None. Petition of Mary F, and George Brandt requesting suspension of personal and real estate tax far the year 1950 on the South 1/2 of Lot 162 of East Dubuque Addition, presented and read. Councilman Russo moved that the petition be referred to the City Solicitor for recommendation and report. Seconded by Council- man Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of The Great Atlantic and Pacific Tea Co. requesting relief in the parking situation in the vicinity of Eleventh Street and Central Avenue, presented and read. Mayor Welu moved that the petition be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None, Petition of Mr. and Mrs. Fred N. Randle and others requesting the installation of curb and gutters on Green Street between Avoca and Algona Streets, presented and read. Mayor Welu moved that the re- quest be granted and the City Engineer instructed to prepare plat and schedule for the con- struction of curbs and gutters as requested. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Petition of Dr. Henry J. Kaep and Leonard F. Smith requesting the extension of the Light Indus- trial Zone along the south side of Southern Avenue from its present limit to a point approximately 200 feet east of English Lane to in- clude the Dr. Kaep property, pre- sented and read. Councilman Russo moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port, Seconded by Councilman Aus- tin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. ORDINANCE N0. 21-51 An Ordinance making appropria• tions for the expenditures of city government of the City of Du- buque, Iowa, for the fiscal year beginning April 1, .1951 and end• ing March 31, 1952, said ordinance having been passed upon first reading on March 15th, 1951 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. 224 Special Session, March 28, 1951 00 0000 0000000 000000 0 B g4 00~_ooogo~ooooc~oooo0c o O MOM 0~0yiM0iMN OmC-t`O~~n00000 m ~ Oa NNd~1~000LON.+,y O+h M040M0000N ~D ~N OM OeD01-000ON~OMhrltO ,pOOMW h O ~DN~00 W'DN U')NOOOM OC~WMNO'D~N,y ~ a,C+ Fu~amaNUa,-~M.~tiMMm ooo~o~nM~ c°~ R Aa p ~ h 7 AQG~"°°!I! I! ~°~~ 0 w0 wtiti O M O W ~ WeDO o d ~ a I 0 Up ~(iWMI~~IIiIII II ~~ .~+ m ~ » w y W~ w pp v o0 0 I io 00 '0 0 O wq "W °o o ~,° boo l0 0 q °~ ao ~°o °o 'a °o°o ~g ~ ~NC WO ~, ~' NO O :N ~n0 O N F ro.' 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GROUP III-HEALTH AND SANITATION j 125 -Health Department ..........-...._._.__...__ ....................$ 27,290.00 • ~ 126~~oKtrol of Contagious Diseases _.._.__....._.._... 4,200.00 127 -Sewer Maintenance _.__ ..............._...__. ~.._.._._.. 25,600.00 128 -Garbage Disposal _ ................__.._..._... 32,750.00 129 -Milk Inspection ...._..._.....__.___._.._.._...._.._._... 9,099.00 Total Health and Sanitation ............ ..._$ 93,834.00 These appropriations shall be Paid from the Consolidated Fund. GROUP IV-HIGHWAYS AND STREETS 131 -Highway Administration _...._....,........._._.._....$ 4,750.00 132 -Street Repairing and Grading ....................._ 87,500.00 These appropriations shall be paid ands E50 OOD.00 frometheoStre~etatConat uca tion Fund. 135 -Street Construction _.._ .................... 110,000.00 This appropriation shall be paid from the Street Construction Fund. ]33 -City Garage ..._._............_.._. .....~._ 19,100.00 l34 -Ash and Can Collections _.._...._.._.._..._...._........_. 30,250.00 138 -Street and Traffic Signal Lighting _..._._._. 42,000.00 14A -Street Cleaning ..__.._. .......... 29,500.00 191 -Snow Removal .._....._....._.._. _._._.__....._.._._.._..._..._. 18,000.00 These appropriations shall be paid from the Consolidated Fund. ~ Tots] Highways and Streets ...$391,109.00 GROUP V-LIBRARY 143 -Library Operation .._.._......_ ..............._......._....._....._.$ 60,070.00 This appropriation shall be paid from the Library Fund. GROUP VI-PARKS 144A-Park Administration ..._.._..___......._.._..._........_.....,$ 5,331.90 149B-Park Areas, Buildings, etc ................................. 39,354.00 Total Parka ...._....._.._.._.._._........._._........._......._..._.._........_...$ 44,685.00 These appropriations shall be paid from the Park Fund. GROUP VII-RECREATION _.. _._ .._.... _..... Operation and Maintenance ..........._.._ _ . _ 145A-Recreation Administration ..._.._......._ ................__...$ 6,950.00 145B-Outdoor Recreation ........._ .................................._ 9,565.00 145D-Indoor Recreation _._.. ....................._....._... 2,160.00 145E-Swimming Poal _..._.._. ........._....__.., 6.129.G0 225 ~ ,.. ~~,..-; 226 Special Session, March 28, 1951 Special Session, March 28, 1951 227 145F-Care of Grounds ..._........-.._.....__.... 1,869.f10 Subtotal-Operation and Maintenance -.......$ 26,668,00 (These appropriations shall be paid from the Playground and Swimming Pool Fund.) Improvement 196 -Improvements ._...,..._., ...... $ 62,769.00 (This appropriation shall be paid from [he Playground Improvement Fund.) Total Recreation .._....__..._..._.__...__....._ .......................$ 89,432.00 GROUP VIII-MISCELLANEOUS 147 -Planning and Zoning ._...._....._._.$ 4,300.00 198E-Ambulance ............................_...._....................... 14,109.00 148C-Other Miscellaneous __..___......___. _....._ 19,125.00 Total Miscellaneoua ._-.....-......_.._..___..-.._._.$ 37,534.OU These appropriations shall be paid from The Consolidated Fund-$23,320.00; trane- ter from Liquor Sales Fund-$19,214.00. GROUP IX-MUNICIPAL IMPROVEMENTS 160J -Capital Improvements ... $ S,000.UO 161 Bridge Construction .-..__...__. _.____..... 35,000.UO 162J1-City's Share of Special Assessments _....._ 12,OOD.UO 162J2-Storm Sewers and Inlets _.._..._...__......_...._ 20,500.00 Total Municipal Improvements __....$ 72,500.00 These appropriations shall be paid from the Consolidated Fund-$13,815.00; Liquor Sales Fund-$15,000AO; Emergency Fund -$43,685.00. EMERGENCY AND RESERVE Reserve in Consolidated Fund ......._...._....._..$ 203.00 GROUP X-PENSIONS 154J1-Police Pensions ......_.__._..._..__...____.__.....___.._...$ 30,019.!'0 This appropriation shall be paid from the Police Pension Fund. 154J2-Police Retirement System 10,012.00 This appropriation shall be paid from the Police Retirement Fund. 155J1-Fire Pensions ._.._.._..._.........._ ................_......_....._ 45,053.00 This appropriation shall be paid from the Fire Pension Fund, L55J2-Fire Retirement System _.._..._..............._.._..... 12,029.V0 This appropriation shall be paid from [he Fire Retirement Fund. 156 -Employees Retirement Fund ._........., 15,290.00 This appropriation shall be paid from the Employees Retirement Fund, Total Pensions ~. .................._....._.._....$112,403.00 GROUP XI-DEBT SERVICE 161J1-Retirement of Bonds and Payment of Interest .._.._._......_......_.... _.-_._.$ 30,337.00 This appropriation shall be paid from the General Bond Fund. Total Debt Service ..__.__. ____..____..$ 30,337.00 GROUP XII-DOCKS 153A-Dock Operation _...-_._..._....... ..$ 3,295.W 153B-Dredge Operation ......_..............._._.._ 'L6,579.I0 153C-River Front Improvement ._._____.._._.._.._._. 3,SOD.VO Tots] Docks ......_........_._..__......_.._.._._......_ $ 33,674.L'U These appropriations shall be paid from the Dock Fund. GROUP XIII-AIRPORT 157 -Airport ............................._...._........._................_.$ 67,707.00 This appropriation shall be paid from the Airport Fund. GROUP XIV-PARKING METERS AND PARKING LOTS 170A-Parking Meters _.._......._.-._......._._.._...._.._.._.._.$ 9,180.00 This appropriation shall be paid from Parking Meter Fund. 170B-Parking Lota .............._..---.............._.._......_.._.._._........... 58,320.00 This appropriation shall be paid from the Parking Lot Fund. Total Parking Meters and Lots .___........_..._........$ 67,500.00 GROUP XVI-MUNICIPAL GOLF COURSE 171 -Municipal Golf Course ._.._....._........._...................$ 32,900.00 This appropriation shall be Paid from Municipal Golt Course Receipts-$22,- 900.00; Liquor Sales Fund-$10,000.00. GROUP XV-WATER WORKS 149A-Administration ......_._....._._....__._.._._...._.._........$ 65,013.110 149B-Operation ...... ._ .............................._...,.................295,987.00 Reserve ....__....._......_._.._....._....._..._....._._.._....~ ............. 520.OD Total Water Works _..._......_._._......._..~__ .....................$361,520.00 This department Is operated from Ito re- ceiyta and la not supported by the tax F~ ,~ levy, hence no appropriations from taxes is made. These appropriations shall be paid from the Water Works Fund. Sectio^ 2: General Miscellaneous Revenues. Gen• eral miscellaneous revenues which are collected during the fiscal year shall be allocated to the funds and pur- poses as provided for herein and shall be used for the payment of the expenses of such funds and purposes in the sums herein shown. Section 3. Surplus. Any surplus not specifically allocated for a definite purpose in the budget and which may exist in either the Consolidated Fund or the miscel- laneous revenues account shall be and the same is hereby appropriated and set apart to be applied as contingencies arise or may be used for such proper purposes as the Council may determine upon. Any sur- plus not specifically distributed in the budget and re- maining In funds created by the levy of special taxes shall be and the same is hereby appropriated for any proper purpose incident to such funds. Any surplus remaining in any Pund at the close of the fiscal year 1950-51 (except taxes which have been levied for spe- cial purposes) shall be transferred into and become a part oP the Consolidated Fund. Nothing herein con- tained shall authorize the transfer of funds realized from special taxes to a fund or purpose for which any spe- cial tax levy has been made, except only with fhe approval of the Stato Comptroller. Section 4. Emergency Fund. TransYera of money may be made Yrom the Emergency Fund to any other fund for the purpose of meeting deficiencies in any such fund arising from any cause; provided, however, that no such transfer shall be made except upon writ- ten approval oY the State Comptroller and then only when such approval is unanimously requested by the City Council. Section 5. Delinquent Tax Collections. Delinquent prior years' tax collections shall be allocated to the respective funds entitled to the same when and as the same are received by the City Treasurer, Section 6. Distribution. That the distribution and division of the within appropriations shall be made in accordance with the detailed distribution adopted by the City Cuuncil on February 23rd,,1951, which de- tailed distribution is made a part of this ordinance by reference thereto and shall be so considered in connec- tion with the expenditures of said appropriations.. Section 7. Emergency Clause. This ordinance in the interest of the preservation of public peace, health, safety and general welfare of the City of Dubuque and the inhabitants thereof being deemed urgent and of immediate necessity shall be in force and effect From and after Its final passage, adoption and approval by the City Council and publication as provided by law, and the appropriations herein provided shall be avail- able when transferred to their respective funds. Passed upon first reading this 15th day of March, 1951. Passed, adopted and approved upon final reading this 28th day of March, 1951. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph-Herald news paper this 29th day of March, 1951. J. J. SHEA, It Mar 29 City Clerk 228 Special Session, March 28, 1951 Mayor Welu moved the adoption of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of February, 1951, presented and read. Councilman Kolb moved that the proof of publication be receiv ed and filed. Seconded by Mayor Welu, Carried by the following vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. ORDINANCE N0. 22-51 An Ordinance repealing Ordin- ance No. 1-51 and Ordinance No. 4-51; amending Ordinance No. 33 -49 by repealing Schedules II and III thereof, and enacting substi- tutes therefor; and adding a new section to Paragraph 2 of Schedule IV; and providing a penalty for a violation therof, presented and read. Councilman Schueller moved that the reading just had be con• sidered the first reading of the ordinance, Seconded by Council• man Austin. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Councilman Schueller moved that the rules be suspended requir- ing an ordinance to be read on three seperate days. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Councilman Schueller moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 26, 1951 Honorable Mayor and Members of the City Council, Dubuque, Iowa Gentlemen: I have caused an analysis of the traffic flow on Lo- cust between 8th Avenue and Loras Boulevard. Attached hereto is the result of said analysis and recom- mendations for your consideration. Respectfully yours, JOS. H. STRUB, Chief of Police Recommendations Locust Street is still one of the main travelled streets through the downtown area. At the present time difficulty is encountered by motorists attempting to get onto or across Locust Street between 8th Avenue and Loras Boulevard as Locust Street in this area is a through street and there are no traffic lights to break the flow of traffic or to allow access to the street. The area south of 8th Av- enue has several intersections con- trolled by traffic lights making ac- cess fairly easy in this area but there is probably as much traffic attempting to use the intersections north of 8th Avenue. Therefore it is recommended that time-con- trolled traffic lights (double-laced) be installed immediately at the intersection of 10th and Locust Streets. A light at this intersection will tie in with the existing light at 10th and Main Streets, and, in time, probably be the main access to Locust Street between 8th Av- enue and Loras Boulevard. A light at this intersection will also prob• ably give sufficient breaks to the flow of traffic at other intersec- tions on this area to allow better access at these unsignallized inter- sections. Mayor Welu moved that the recommendation of Chief of Police Strub be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. March 26, 1951 To the Honorable Mayor, and City Council, Dubuque, Iowa. Gentlemen: During the past few years, the City Council has been ry ., Speciat Session, March 28, 1951 229 petitioned for the inauguration of bus service to serve the Park HiII- Kane Street-Kaufman Avenue area. The writer understands that the Interstate Power Company is agree- able to placing such a bus route In service on the condition that durable, hard surface type street connections are provided from the Park Bill District to Kaufman Av- enue. The problem of planning and constructing such a street system ryas referred to the City Engineer about a year ago. The status of the project at the present time is as follows: 1. The required right-of-way has been acquired connecting Primrose and Kane Streets, the connection to be known as Primrose Extension. 2. Primrose Extension has been surveyed and a tentative grade es• tabfished, 3. Kane Street has been survey- ¢d and a grade has been establish- ed by the Council from Kane Street to approximately the end of the platted street. 4. A ten foot width of additional right of way has been acquired on Kane Street (east side) abutting the recently approved Springreen Addition. There still remains, however, the problem of acquiring a consider- able amount of additional right-of- way along Kane Street from Kauf- man Avenue to the Primrose con- nection and beyond. The ultimate future development of Kan e Heights will demand an improve- ment on Kane Street of a minimum width of 40 feet in the opinion of both the City Planner, Mr. Hartzog, and the writer. The greater share of the existing rightof-way is 40 feet wide while the portion from Kaufman to the first turn is only 30 feet wide with the exception of the additional width as noted in paragraph 4 above. The right-of- way requirement as proposed on the latest revision of the Master Plan for Kane Street is 84 feet, which would provide an ideal width for any possible future residential and local business development on Kane Heights. However, the ac• quisition of this required street width will require a considerable expenditure of time and effort on the part of the City resulting in delay in the inauguration of the requested bus service to the Park Hill District. The construction of a permanent improvement on Kane Street and Primrose Extension in the near future would result in assessments in excess of the legal maximum limit against a large percentage of the benefitted property since the property is wholly undeveloped and consequently of low valuation. The major burden of the cost of such an improvement, therfore, would be borne by the general public who would receive no direct benefit. In the light of the facts as out- lined above, the following recom- mendations are offered for your consideration: (1) That the construction of a permanent improvement on Kane Street and Primrose Extension be deferred until such time as addi- tional right-of-way is acquired and property valuations are increased. (2) That the street department be instructed to bring the existing right-of•way to the established grade. (3) That a crushed stone base and oil treated wearing surface be constructed of sufficient strength to permit the requested bus ser- vice, providing the Interstate Pow- er Company is agreeable. Your attention is invited to the report relative to the future de- velopment of Kane Heights sub- mitted to the Planning and Zoning Commission in February 1949 by Mr. Justin Hartzog. This report embodies a comprehensive study of the Kane Heights area emphasiz- ing the importance of a coordinat- ed street pattern in the final de• velopment. Respectfully submitted, R. J. GALLAGHER, City Engineer Councilman Russo moved that the recommendations ,of City En- gineer Gallagher be approved and the Street Commissioner instructed accordingly. Seconded by Council- man Schueller. Carried by the fol- lowing vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. 230 Special Session, March 28, 1951 March 20, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a recent council meeting a communication from the Board of Education requesting the establishment of a grade on Penn- sylvania Avonue outside the cor- porate limits of the City was re- fererd to the City Engineer for recommendation and report, In compliance with your instruc- tions, the following report is sub- mitted: 1. The plan and profile which accompanied the communication shows the existing dwellings, fence lines, proposed school building, the elevation of the existing road centerline and the proposed center- line grade from the corporate limits to a point approximately 1,200 feet west. It does not show, however, the relationship between the proposed road grade and exist- ing and proposed building eleva- tions. In answer to this question, the County Engineer reports that all existing building foundations are at minimum of l~Z feet above the proposed road grade. 2. The plan indicates an existing width between right of way lines of 40 feet while the Master Plan of the City of Dubuque contem- plates afuture right of way width of 84 feet carrying a proposed improvement 40 feet wide. The Master Plan shows Pennsylvania Avenue and Middle Road as an important future connecting thoroughfare between the proposed Plymouth and Carter Roads as well as other territory to the west of the city. 3. The Board of Education re- quests the city to firmly establish a grade on the portion of Penn- sylvania Avenue under considera- tion although it lies entirely be- yond the present corporate limits. The following recommendations, based on the data outlined above are offered for your consideration: 1. Since the city has power to firmly establish street grades only by ordinance, I recommend that an opinion be requested from the City Solicitor on the legality of a grade ordinance effecting a street lying beyond the corporate limits of the city. 2. Providing it is ascertained that the city does have jurisdiction in the matter, I recommend that additional field data be requested from the Board of Education show- ing the relative elevations of exist- ing houses, driveways, intersecting streets, etc., with the proposed road grade. 3. In the interest of good plan~ Wing, I recommend that the Board of Education be requested to sub- mit to the Planning and Zoning Commission for their approval a plan showing the proposed school structure and its relationship with the contemplated Pennsylvania Avenue-Middle Road thoroughfare as provided for on the latest re- vision of the Master Plan of the City of Dubuque. Respectfully submitted, R. J. GALLAGHER, City Engineer Councilman Russo moved that the recommendations of City En- gineer Gallagher be approved. Sec- onded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 28, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Engineer and Plumbing Inspector met with the Superintendent of Schools and a representative of the architec- tural firm who has designed the proposed Irving School on March 16, 1951, concerning the problem of disposal of the sanitary sewage from the proposed building. Fol- lowing this meeting the writer received a letter from the archi- tecturalfirm outlining the possible means of sewage disposal as sug- gested by their engineering depart- ment. Acopy of this letter is being enclosed herewith for your infor- mation. This report is being directed to the Council in order that you may be informed of the facts of the matter since the permission for the connection of an area beyond the City Limits with the municipal sewerage system, if legally permis- sible, must finally be granted by the City Council. ` Special Session, March 28, 1951 231 In analyzing the contents of the enclosed letter from a practical en- gineering stand)loint, the follow- ing facts are offered for your con- sideration: 1. Proposed schemes "A", "C" and "E" contemplate the possibility of discharging the sanitary sewage through a pressure main into the existing city sewerage system which flows into the Gilliam Street Pumping Station. The approval of such a scheme `~ would be unsound since the Gilliam Street station is present- ly overloaded, and at frequent intervals, unable to operate satisfactorily. .y, .- ' Furthermore, the city would be required to re-pump the sewage and it ultimately must be carried through overloaded sewer mains on Grandview and Dodge Streets. 2. Proposed schemes "B" and "F" would pump the sewage into the Cherry-Green Street pump- ing station which was complet- ed in 1949. 'this pumping station is equipped with 2-250 gallon per minute pumps as compared to the 2-300 gallon per minute pumps planned for the new school. It is assumed that the eventual sewage load from the new school alone, based on the capacity of the pumping equip- ment, could exceed the capac- ity of the present pumping units in the Cherry-Green Sta- tion. In this case, again, the city would be required to re- pump the sewage. In re•pumping sewage through the Cherry-Green station still another question of a legal na- ture is certain to arise. This sewerage system was installed on a strict special assessment basis whereby the total cost of the system was borne by the benefitted property within the district with the understanding that service would not be pro- vided for property lying outside the district limits. The school property in question, as you know lies not only outside the Cherry-Green Street district limits but also outside of the city limits. 3. Proposed scheme "D" can not be considered at this time since it involves 114cPoland Avenue over which the city has no juris- diction. The Lennox Addition area could be served by a sani• tary sewer only by the construc- tion of a pumping station of considerable capacity having its point of discharge into the Kaufman Avenue trunk sewer located at the intersection of Seminary Street and Bunker Hill Road. At this point on the Kaufman Trunk Sewer there is sufficient capacity to carry the additional load from an area the size of Lennox. 4. Scheme "G" was suggested by the writer as being the most feasible solution to the problem. It involves substantially the same detail as noted above, dis- charging into the Kaufman sewer. Submission of copies of this report to the firm of Tinsley, Hig- gins and Lighter and the Superin- tendent of Schools will be delayed' pending your consideration of the facts as outlined. It it recom= mended, however, that copies be submitted to the interested parties as soon as possible providing the Council concurs in the matter. Respectfully submitted, R. J. Gallagher, City Engineer. Councilman Russo moved that the communications with refer- ence to the Irving School matters be referred to the City Solicitor for investigation and to submit a legal opinion back to the Council covering the matters as outlined in the communications. Seconded by Councilman Kolb. Carried by the fallowing vote; Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. March 19, 1951 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen: At a meeting of the City Council held March 16th, 1951 the com- munication of M, B. Olansky sub- mitting offer in the amount of 232 Special Session, March 28, 1951 $400.00 for the purchase of city owned property known as the northerly 150 feet of the souta part of Lot 2 of Lot 3 of sub. of Mineral Lot 158 was referred to the Acting City Manager for re• commendation and report. Attached is a communication from City Assessor Harry J. Han- over placing a valuation of $1000: 00 on the above described property. I recommend that Council author- ize the sale of the above property to Mr, M. B. Olansky for the sum of $1000.00 and that proper pro• ceedings be ordered prepared. Respectfully submitted, J. J. Shea, Acting City Manager. Councilman Austin moved that the recommendation of Acting City Manager Shea be approved. 5ec• onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. RESOLUTION N0. 130-51 Be It Resolved by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Leonard H. Crane, (Effective 4/1/51), Bunker Hill Golf Course, Robert M. Austin, 101 Main Street. Ione Miller, 1322 Central Ave- nue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 28th day of March, 1951. CLARENCE P. WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. RESOLUTION N0. 131-51 Whereas, application for Class "B" Beer Permit has Been sub- mitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Ione Miller, 1322 Central Avenue. Passed, adopted and approved this 28th day of March, 1951. CLARENCE P. WELD, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. RESOLUTION N0.132-51 Whereas, heretofore application for Class "B" Beer Permit was filed by the within named applicant and it has received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicant have been inspected and found to comply with the ordinances of this City and she has filed a proper bond: NAW, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and be is directed to issue to the following named appli- cant aBeer Permit. CLASS "B" PERMIT Name Address Ione Miller, 1822 Central Avenue. ~~ '`9 i- Special Session, March 28, 1951 233 Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 28th day of March, 1951. CLARENCE P, WELU, Mayor. ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second• ed by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Councilman Russo moved that the rules be suspended for the pur• pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Mrs. Huber addressed the Coun- cil stating that Sullivan Street as now traveled is not laid out in its proper location. Mr. C. J. MacInerney addressed the Council with reference to his offer submitted in the amount of $50.00 for the purchase of Part of Lot 1 of M. L. 37 and Part of Lot 2 of M, L. 37. Councilman Russo moved that the matter of the sale of Part of Lot 1 of M. L. 37 and Part of Lot 2 of M. L. 37 be referred to the Acting City Manager for the pur- pose of conferring with Mr. Mac- Inerney as to the amount of the purchase price. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. There being no further business Councilman Russo moved to ad- journ. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, Nays-None. J. J. SHEA, City Clerk Approved ............... 1951 Adopted ...............:. 1951 Councilmen .................................... Attest : ........................................ City Clerk it ,`• l i, i w'