The URL can be used to link to this page

1951 June Council ProceedingsRegular Session, June 4th, 1951 307 t° ,_ ~,l ~~, ~,~ t• City Coancil (Official) Regular Session, June 4th, 1951. Council met at 7:30 P.M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller. City Manager Schiltz. Absent-Councilman Welu. Mayor Russo 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 public hearing on supplemental estimate and levy of special taxes to pay the principal and interest of bonds in the amount of $30; 000.00 to be issued for the purpose of paying the purchase price of land to be acquired for dock pur- poses, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the follo~ving vote: Yeas-ftfayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Proof of publication, certified to by the publishers, of notice of the sale of $30,000.00 Dock Bonds; presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Council• man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. RESOLUTION N0. 161-51 Resolution providing for the sale and award of $30,000.00 Dock Bonds and approving and authoriz- ing the agreement of such sale and award. Whereas notice of sale of $30,- 000,00 Dock Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the pro- vision of Chapter 75 of the 1950 Code of Iowa, by publication of notice for two consecutive weeks in the Telegraph-Herald, a news- paper of General circulation lo- cated in Dubuque County, Iowa; and Whereas after all sealed bids were received and placed on file, open bids were called for, the best of which was: Quail & Co., Daven- port, Iowa: Par and premium of $250.00 together with accrued in- terest, and thereafter such sealed bids were opened,the substance of the best sealed bid being as fol- lows: No sealed bids filed. Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad- vised in the premises it is hereby determined that the bid of Quail & Co., Davenport, Iowa, Par and a premium of $250.00 together with accrued interest• for the purchase of Thirty thousand ($30,000.00) Dollars Dock Bonds as advertised, bearing interest at the rate of 2~x% per annum is the highest and best bid received for said amount of bonds and that said bonds be and the same are hereby awarded to said Quail & Co., Davenport, Iowa. Section 2. That the form of agreement of sale of said bonds be and the same is hereby ap- proved and the Mayor and City Clerk and City Treasurer are here- by authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa and to affix the Corporate Seal of said City thereto. Introduced June 4th, 1951. Councilman Kolb moved that the resolution be approved and placed on file. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. w~ i~ ~ ~~ 308 Regular Session, June 4th, 1951 ORDINANCE N0. 25-51 An Ordinance Authorizing the Issuance of Thirty Thousand Dol• Lars Dock Bonds and Providing for the Payment of the same, said ordinance have been introduced on May 7th, 1951 and placed on file with the City Clerk for public inspection, was presented for final Adoption. ORDINANCE N0. 25.51 An Ordinance Authorizing the Issu- ance of Thirty Thousand Dollars Dock Bonds and Providing for the Payment of the Same. Whereas this City Council of the City of Dubuque in the County of Dubuque and State of Iowa, has here- tofore been petitioned by the Dock Board of said City to provide for the issuance of bonds of said City in the principal amount of Thirty Thousand Dollars ($30,000) for the purpose of purchasing land for dock purposes, pmp ovementtof gheerwatelrnfronttof said City; and Whereas the Issuance of said bonds will not cause said City to become Indebted to excess of the limit im- posed by Section 3, Article XI of the Constitution of Iowa and it is now advisable to make provision for the issuance of said bonds; and Whereas notice of hearing for the issuance of said bonds has heretofore been given in manner and form as required by Section 23,12 oY the Code of Iowa and no petition or protest has been filed; Now Therefore, Be It Ordained By the City Council of the City oY Du- buque, Iowa, as follows: ' Section 1. That bonds of said City in the amount of Thirty Thousand Donara ($30,000) be issued pursuant to the provisions of sub-paragraph 11 of Section 384.3 of the 1950 Code of Iowa; that each of said bonds be designated as a "Dock Bond," be thirty (3U) in number, numbered 1 to 30, inclusive, be of the denominatien of One Thousand Dollars ($1,0001 each, and bear date of May 1st, 1951. Section 2. That said bonds bear interest at the rate of two and one- ha1P per centum (2~%) Per annum from the date oY said bonds until payment thereof, payable semi-an- nually on the first days of May and November in each year, Section 3. Said bonds shall be exe- cuted an behalf of said City with the signature of the Mayor and attested by the City Clerk and the Sea] of said City affixed, and be registered as to issuance by the City Treasurer and a certificate of such registration endorsed thereon; that interest on said bonds be evidenced by coupons attached and maturing on the several days when such interest matures, which coupons shall be executed with tho facsimile signatures of said offi- cials and said Mayor and Clerk, by the execution of said bonds shall adopt as and far their proper signa- tures, their respective facsimile sig- natures appearing on said coupons and that both principal and interest be Payable in lawful money of the United States of America at the office of the City Treasurer, in and of the City of Dubuque, Iowa; said bonds shall become due and payable in nu- merical order as follows: Bonds Nos. 1 to 3, inclusive, $3,000, on May 1st, 1952; Bonds Nos. 4 to 6, inclusive, $3,000, on May lot, 1953; Bonds Nos. 7 to 9, inclusive, $3,000, on May 1st, 1954; Bonds Nos. 10 to 12, inclusive, $3,000, on May 1st, 1955; Bonds Nos. 13 to 15, inclusive, $3,000, on May 1st, 1956; Banda Nos. 16 to 18, inclusive, $3,000, on May 1st, 1957; Bonds Nos. 19 to 21, inclusive, $3,000, on May 1st, 1958; Bonds Nos. 22 to 29, inclusive, $3,000, on May 1st, 1959; Bonds Nos. 26 to 27, inclusive, $3,000, on May 1st, 1960; Bonds Nos. 28 to 30, inclusive, $3,000, on May tat, 1961. Section 4. That each of said bonds shall be subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so registered and after such registration payment of the principal thereof shall be made only to the registered holder. Any bonds so regis- tered, upon the request in writing of such holder, personally or by at- torney In fact, may be transferred either to a designated transferee or to bearer, and the principal oP any bond so transferred and registered to bearer shall thereupon be and be- come payable to bearer in like man- ner as if said bond had never been registered. Registration of any bond as to principal shall not restrain the negotiability of the coupons thereto attached by delivery merely. Section 5. That said bonds hereby authorized shall be in form substan- tially as follows: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE No. DOCK BOND $1000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du- buque, in the County of Dubuque and State of Iowa, for value received, promises to pay to bearer, or iP this bond be registered as to principal, to the registered holder hereof, the sum of One Thousand Dollars ($1,000) on the first day of May, 19-, with in- terest on said sum from the date hereol at the rate of - per cent (-%) per annum, payable semi- annually on the first days of May and November in each year until paid, all such interest accruing on and prior to the maturity date hereof to be payable only on Presentation and surrender of the interest coupons hereto attached as they severally ma- ture. Both principal and interest of this bond are payable in lawful money oY the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is one of a series of bonds issued by the City of Dubuque pur- suant to and in strict compliance with the provisions of Section 384.3.11 and Chapter 76 of the Code of Iowa, and In conformity with ordinances of the City Council of said City duly passed, approved and published for the pur- pose of purchasing land for dock pur- poses in and for said City. And it is hereby certified and re- cited ,that all acts, conditions and r+ ,~ ~~ Regular Session, June 4th, 1951 309 things required by the laws and Con- stitution oP the State of Iowa to exist, to be had, to be done, or to be per- formed precedent to and in the issue of this bond, were and have been properly existent, had, done and per- formed in regular and due form and time; that provision has been made for the levy of a sufficient continu- ing annual tax on all the taxable property within said City for the pay- ment of the principal and interest of this bond as the same will respec- tively become due; that the faith, credit, revenues and resources and all the real and persona] property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total in- debtedness of said City, including this bond, does not exceed any constitu- tional or statutory limitations. This bond is subject to regisitra- tion as to principal in he name of the holder on the books of the City Treasurer of said Cilty, such regis- tration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no trans- fer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration, shall have been to bearer. Registration hereof shall not affect the negotiabil- ity of the coupons hereby attached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said City, by its Clty Council, has caused this bond to be executed a^ its be- half by its Mayor and attested by its City Clerk, with the seal of said City affixed and the coupons hereto at- tached to be executed with the fac- simile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper signatures their respective facsimile signatures ap- pearing on said coupons, all the first day of 1951, duly and properly registered 1n my office as of the first day oY • , 1951. Treasurer of the City of Dubuque, Iowa." Section 6. That when Bald bonds have been executed as aforesaid they shall be delivered to the Treasurer of said City, who shall register the same in a book provided for that pur- pose and shall thereupon deliver said bonds to the purchaser as directed by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon. Section 7. That as required by Section 76.2 of the 1960 Code of Iowa there shall be and is hereby appro- priated and there shall be annually levied in each of the years 1951 to 1960, inclusive, for collection in the years 1952 to 1961, inclusive, respec- tively, adirect annual tax on al] of the taxable property in said City, sufficient to pay the Interest on said bonds as the same become due and to accumulate a oinking fund to pay the principal of said bonds as the same mature, Said taxes shall be collected each year at the same time and in the same manner and in addi- tion to all other taxes in and Por said City and when collected shall be converted into a special fund, which is hereby pledged for and shall be used only to pay the principal and interest of said bonds, and the full faith, credit, revenues and resources and all the real and personal prop- erty of said City shall be and hereby are irrevocably pledged for the reg- ular and due levy, collection and proper application oP said tax. Section 8. That it is hereby found and declared that the funds necessary to pay the principal and interest of said Dock Bonds are the following amounts in the following years, re- spectively: Mayor of the City of Dubuque, Iowa Clerk of the City of Dubuque, Iowa" (Form of Coupon) "No. On , ~9-, the Treas- urer cf the City of Dubuque, Iowa, will pay to bearer, Dollars (q ) at the office of the City Treasurer, Dubuque, Iowa, for inter- est due that date on its Dock Bond, dated May 1st, 1951, No. Mayor Attest: City Clerk" (Form of Registration of Ownership) Signature "Date oP Name of Reg- oP City Registrationf istered Owner Treasurer On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: "CITY TREASURER'S CERTIFICATE This issuance of this bond has been Year to Be Produced Amount 1952 $3,870.00 1953 $3,510,00 1954 $3,450.00 1955 $3,390.00 1956 $3,330.00 1957 $3,270.00 1958 $3,210.00 1959 $3,150.00 1960 $3,090.00 1961 $3,030.00 That a certified copy of this Ordi- nance be filed with the County Audi- tor of Dubuque County, Iowa, and that said Auditor be and he is here- by instructed in and for each of the years 1951 to 1960 inclusive, to levy and assess the tax so as to produce the amounts as aforesaid for the years 1952 to 1961, inclusive, respectively. The Interest or principal coming due at any time when the special Pund shall be insufficient to pay the same shall be promptly paid when due from current funds available for that pur- pose and reimbursement shall be made from such special fund in the sum thus advanced when the taxes herein provided for have been col- lected. Section 9. That all Ordinances ar Resolutions, or parts thereof, in con- flict herewith be and the same are hereby repealed. Introducd May 7th, 1951 310 Regular Session, June 4th, 1951 Pawed, adopted and approved on final reading June 4th, 1951. ROMOLO N. RUSSO Mayor RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA Clty Clerk Published officially in The Tele- graph-Herald newspaper this 8th day of June, 1951. J. J. SHEA, 1t June S City Clerk Councilman Schueller moved the adoption of the ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Notice of Claim of Edward L. Alber in the amount of $36.59 for cleaning up his basement and the damage which was done by the backing up of the main sewer, presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu, Communication of Dubuque Lab- oratories with reference to the use of Deadline for rat extermination, presented and read. Councilman Kolb moved that the communication be referred to the Board of Health. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of The Dubuque Humane Society presenting appli- cation for financial aid and that if their application is granted that Council consider entering into a contract with the D u b u q u e Humane Society, presented and read. Councilman Kolb moved that the communication be referred to the City Manager for a report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Schueller & Co. submitting offer in the amount of $7,500.00 for the purchase of Lots 2 and 3 of Randall's Sub,, presented and read. Councilman Austin moved that the communication be received and filed. Seconded by Mayor Russo. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of M. B. Olansky submitting offer in the amount of $10,000.00 for the purchase of Lot 2; Lot 1 of Lot 3 and Lot 2 of Lot 2 of Lot 3 in Randall's Sub., pre- sented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. The Mayor, City of Dubuque, Dubuque, Iowa. Appropriation: 1721413.22 Navy Personnel, General Expenses, 1952, Expend. Acct, 45745, Object Class. 051, Bu. Control 36000 Requisition: BuPers EN4/4001.52 Renewal Of Government Lease You are hereby notified that under the provisions of Paragraph 5 of Government lease: NOy(R)•40838 with. City of Du- buque, Iowa, Lesser, d. 1/1/47 covering approximately 0.85 of an acre in Ham's Addition in the City of Dubuque, Iowa, for a Naval Reserve Training Center. L16.65- Du the United States of America elects to renew the said lease, as the same may have been amended, for the period of one year and after June 30, 1951, and by these presents does renew, extend, and adopt the said lease and all the i ,, Regular Session, June 4th, 1951 311 terms and conditions thereof for the period beginning July 1, 1951 and ending June 30, 1952. Dated at Washington, D.C., May 17, 1951. THE UNITED STATES OF AMERICA. By Jack E. Cochrane, By direction of the Chief of the Bureau of Yards and Docks, acting under the di- rection of the Secretary of the Navy. Councilman Austin moved that the Renewal of Government Lease be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller. Nays-None. Absent-Councilman Welu. CORPS OF ENGINEERS, U.S. Army Office of the District Engineer Rock Island District Clock Tower Building Rock Island, Ill. 15 May, 1951 Honorable R. N. Russo, Mayor of the City of bubuque, Dubuque, Iowa. Dear Mayor Russo: I wish to express my approba- tion to you, City Manager L, J, Schiltz, City Engineer Robert Gal- lagher, and to the citizens of Du- buque onthe commendable manner in which Dubuque rallied to com- bat the recent flood, during which the record stage of 22.7 feet was reached, exceeding the previous record high water of 1880 by more than one foot. Representatives of my office who were assigned to provide technical advice and assistance at Dubuque during the emergency have made very complimentary re- ports on the manner in which the critical situation was handled. Only the sustained and unselfish efforts of your people averted much greater losses and human suffering. The citizens of Dubuque are to be congratulated for their exhibi- tion of selflessness and united effort. Please accept, also, my ap- preciation for the fine spirit in which you received our representa- tives, Sincerely yours, G. A. FINLEY, Lt. Colonel, Carps of Engineers, District Engineer. Councilman Kolb moved that the communication be received and made a matter of record. Seconded by ouncilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Dubuque Trades and Labor Congress asking Council to consider the reappoint- ment of Mr. M, Hantleman as a member of the Library Board, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Franklin M. Kreml, Director, advising that a Seminar in Traffic Engineering will be conducted July 16.20 at Northwestern University as part of the Summer Institute for Traffic Training, presented and read. Councilman Kolb moved that the communication be referred to the Council for consideration. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Pdayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of The Key City Gas Company submitting annual report for the calendar year 1950, presented and read. Councilman Kolb moved that the communica- tion be received and filed and the annual report placed on file. Sec- onded by Councilman Austin. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. 312 Regular Session, June 4th, 1951 Robert J, Gallagher City Engineer, City Hall, Dubuque, Iowa. Dear Bob: Attached find an extension on the Simpson-Coates Sewer Bond for George Saffron. I trust this meets with your approval. Yours very truly, M. P. HOGAN. May 17, 1951 City of Dubuque Western Surety Company: Re: Bond No. 546037 George Saffron, Contract Sanitary Sewer Simpson-Coates Sewer District. Please accept this letter as our acceptance to the extension of the caption contract an additional sixty days. Yours very truly, C. R. BECK, Assistant Secretary. Councilman Schueller moved that the communications be received and made a matter of record. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Geo. J, Breit• bach, Circulation Manager, Govern- mental News, asking the City of Dubuque to subscribe to Govern• mental News, presented and read. Mayor Russo moved that the communication be received and filed. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Wm, J. Muth, President, National Conference of Councilman and Alderman, ex- tending invitation to the members of the City Council to attend the Second Annual Convention to be held in Cleveland, Ohio, July 18, 19, 20 and 21, 1951, presented and read. Councilman Kolb moved that the communication be referred to the Council for consideration. Sec• onded by Councilman Schueller. Carried by the following vote: Peas-Mayor Russo, Councilmen Austin, Kalb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Mrs. Elizabeth Young with reference to having the sewer put through on Prim• rose and Kane Streets, presented and read. Councilman Austin moved that the communication be referred to the City Manager for investigation and report. Seconded by Council• man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Waldo Adams submitting his resignation as a member of the Dubuque Park Board to become effective June 30, 1951, presented and read. Councilman Austin moved that the resignation be accepted with regret and the Mayor instructed to write a letter conveying the appreciation of the City of Du• buque and its citizens for his labor in this important post, Sec• onded by Councilman Kolb, Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Arthur M, Bennett, Chairman, Dubuque Park Board, submitting for Council con• sideration a list of names for ap• pointment on the Park Board, presented and read. Councilman Kolb moved that the communication be referred to the Council for consideration. Sec- onded by Councilman Schueller. Carried by.the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Dubuque County Schools, Officg of Superin- tendent, with reference to Sum• mer Day Camp, presented and read. ~~ Regular Session, June 4th, 1951 313 Mayor Russo moved that the communication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller. Nays-None. Absent-Councilman Welu, Communication of the Office of Price Stablization asking that a small, volunteer group of business men be organized which will as• sump the responsibility of leader- ship by keeping themselves in• formed relative to price controls and by helping others to conform to the regulations, the success of holding dangerous inflationary pressures under control will be assured, presented and read, Mayor Russo moved that the communication be received and filed. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of the Public Health Committee of Dubuque Chamber. of Commerce requesting Council to take the necessary steps for the fluoridation of the public water supply of Dubuque, Iowa, presented and read, Councilman Austin moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Peter H. Mc- Carthy with reference to getting the Dubuque County Board of Supervisors to Quit Claim any interest they may have in Wash• ington Park and submitting sug- gestions based upon his study of this case, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Petition of Finley Hospital ad- vising Council that they propose to widen the paved width of Alli• son Place from Delhi Street south to the nurses' home five feet and requesting the City to reshape the crown of and pave Allison Place between the proposed new curb- ing on the west side and the exist- ing curbing on the east, presented and read. Councilman Austin moved that the petition be referred to the City Manager and City Solicitor for conference with Mr. Rossiter and to submit their report back to the City Council. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Communication of Dubuque County Dental Society and others requesting Council to take the necessary steps for the fluorida• tion of the public water supply of Dubuque, Iowa, and that the State Department of Health be requested to obtain statistical data with a view toward determining the DMF prior to the fluoridation of the public water supply in Dubuque, presented and read. Councilman Austin moved that the communication be received and Communication of K a t h r y n Cooper, Regina C. Gilmore, Dean Cooper Gilmore and Paul Gilmore, requesting that Cooper Barn lo- cated on the property at 540 Bluff Street be rezoned for apartments and light business, presented and read. Councilman Austin moved that the petitions be referred to the Planning and Zoning Commission for their recommendation and re• port. Seconded by Councilman 314 Regular Session, June 4th, 1951 Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Mayor Romolo N. Russo, and Members of the City Council, City of Dubuque, Iowa. Honorable Sirs: I, the undersigned, John Lepsch, a member of the Dubuque Fire Department, do hereby petition your Honorable Body for an in- definite leave oL absence from the Fire Department, commencing June 4, 1951. I have been called up far duty in the United States Navy. Respectfully yours, JOHN LEPSCH, Councilman Kolb moved that the request be granted and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller. Nays-None. Absent-Councilman Welu. Petition of Vincent and Mary Hachmann and others, property owners in the 500 and 600 blocks on Southern Avenue, protesting to any change in the zoning as it now stands for this area, presented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Commission for recommendation and report, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Petition of Charlie Kerstein ask- ing the City Council to restore the stone curbing at his property located at 2190 Roosevelt Street, presented and read. Councilman Kolb moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Petitions of Earl Falk and others asking the City Council to act favorably on daylight time for Du- buquers at the earliest possible date, presented and read. Councilman Kolb moved that the petitions be referred to the City Solicitor for investigation and re- port, Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Petition of The Great Atlantic & Pacific Tea Co, asking relief as to the parking situation in the vicinity of 11th and Central Ave- nue, presented and read. Councilman Austin moved that the petition be referred to the City Manager for consideration and re- port. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None, Absent-Councilman Welu. Petition of Dubuque Advertisers Inc. requesting permission to stage a water show at Eagle Point on Saturday, June 30th, 1951, pre- sented and read. Councilman Kolb moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Petition of James L. Riley and oehers, property owners on the north side of Green Street between Asbury Street and Avoca Street, requesting the City Engineer to view the grounds in their neighber- hood for a solution to the present water drainage problem, presented and read, Councilman Kolb moved that the petition be referred to the City Manager for investigation and re• port. Seconded by Councilman ' Regular Session, June 4th, 1951 315 Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Petition of George Saffron re• questing permission to use the time alloted for street cleanup in the extension granted May 5, 1951 for the completion of his sewer con- ' tract, presented and read. City Manager Schiltz verbally ? recommending that the request be granted. Councilman Kolb moved that the verbal recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Nays-None. Absent-Councilman Welu. Petition of Midland Laboratories and Emily P. Stampfer, owners of ` property on the west side of Shields Street south of Jones Street, requesting that permission be granted for the relocation of the sidetrack of the Illinois Cen- ,a tral Railroad Company extending i in the middle of the street from Dodge Street to Jones Street, pre- sented and read. Councilman Kolb moved that the petition be referred to the Council j to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. ORDINANCE N0. 21-SI An Ordinance granting to Illi- nois Central Railroad Company permission to change the location ,i . of a sidetrack in Shields Street between Dodge Street and Jones Street and granting the right to construct, use and maintain said sidetrack, presented and read, Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Austin. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Councilman Kolb moved that the ordinance be placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Petition of International Har- vester Company of America and Crescent Realty Corporation re• questing that part of Charter Street lying between the easterly line of South Main Street and the westerly line extended of the right- of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Com• pany,be vacated and convey the northerly half of said street so vacated to the International Har• vester Company of America and the southerly half thereof to the Crescent Realty corporation, pre• sented and read. Councilman Kolb moved that the petition be referred to the Plan• ning and Zoning Commission for recommendation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Council Proceedings for the month of December,1950presented and read. Mayor Russo moved that the Council Proceedings for the month of December, 1950 be approved as printed. Seconded by Councilman Kolb. Carried by the followi~ vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. ~G 316 Regular Session, June 4th, 1951 ~ Regular Session, June 4th, 1951 317 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 April, 1951, 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 Russo, Councilmen Austin, Kolb, Schueller. Nays-None. . Absent-Councilman Welu. Application For Approval Of The Transfer Of Funds. To the State Comptroller of the State of Iowa, Des Moines, Iowa. City of Dubuque, Dubuque County, Iowa, herewith makes ap- plication for your approval of its resolution transferring from the Consolidated fund of City of Du• buque, Dubuque County, Iowa, to the Municipal Golf Course fund of City of Dubuque, Dubuque County, Iowa the sum of Ten Thousand Dollars ($10,000.00). This transfer is temporary and said amount will be returned from the Municipal Golf Course Fund to the fund from which it is transferred as soon as necessary. Accompanying this application is a copy of the resolution of transfer together with a showing that all of the re- quirements of the law for the transfer of said sum of money have been complied with. (PRESIDING OFFICER) ROMOLO N. RUSSO, Mayor. (Secretarial Officer) J. J. SHEA, City Clerk. Dated May 7th, 1951. (Postoffice Address) City Hall, Dubuque, Iowa. CERTIFICATE OF ATTORNEY I, T. H. Nelson, City Attorney hereby certify that the attached resolution to transfer funds has been submitted to me and that I find that all the provisions of law relating to municipalities have been complied with. Signed: T. H. NELSON, Attorney. APPROVAL The within application, together with accompanying resolution was given consideration by the State Comptroller on the 14th day of May, A.D.1951 and the Comptroller hereby approves said application, subject to the municipality having complied with the statutes of Iowa governing the transfer herein re- quested. Now Therefore, said application is hereby approved. R. N. JOHNSON, State Comptroller. Councilman Austin moved that the approval of R. N. Johnson, State Comptroller, be received and made a matter of record, Seconded by Councilman Kalb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Nays-None. Absent-Councilman Welu. RESOLUTION N0. 163-51 Resolution For Temporary Trans- fer. Whereas, there is now in the hands of the treasurer the sum of $10,000.00 credited to the Consoli- dated Fund, and Whereas, it is desired to trans- fer $10,000.00 from the Consoli- dated fund to the Municipal Golf Course fund, for the following reasons; Funds in the Municipal Golf Course Fund are insufficient, until July 1st, to pay for the work necessary to recondition the facili- ties needed for its operation, and Whereas, proper arrangements have been made for the return of this money, same to be returned within one year from date of transfer, and Whereas, there is sufficient money in the Consolidated fund to meet all demands thereon, until said money can be returned, and Whereas, all laws relating to municipalities have been complied with. Now Therefore, be it resolved by the City Council, Dubuque of Dubuque County, Iowa, subject to the approval of the State Comp- troller, that said sum of $10,000.00 be, and the same is hereby ordered transferred from the Consolidated fund to the Municipal Golf Course fund, and the City Auditor is di- rected to correct his books accord- ingly and to notify the treasurer of this transfer, accompanying the notificatioli with a copy of this resolution and the record of its adoption. The Vote Thereon Being as Follows: Ayes; ROMOLO N, RUSSO, CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Nays-None. (PRESIDING OFFICER) ROMOLO N. RUSSO, Mayor. (Secretarial Officer) J. J. SHEA, City Clerk. I, J. J. Shea, City Clerk, (Secret- tarial Officer), of Dubuque of Du- buque County, Iowa, hereby certify the above to be a true and correct copy of resolution passed by the City Council on the 7th day of May, A.D. 1951. J. J. SHEA, City Clerk. (Secretarial Officer) ORDINANCE N0. 26-51 An Ordinance prescribing regu- lations for the use of municipally owned parking lots, charging a fee therefor and providing a penalty for the violation thereof, said or- dinance having been passed upon first reading on May 14th, 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. 26.51 AN ORDINANCE PRESCRIBING REGULATIONS FOR THE USE OF MUNICIPALLY OWNED PARKING LOTS, CHARGING A FEE THERE- FOR AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Section 1. The City Manager is hereby authorized and directed to in- stall parking meters in al] municipal- ly owned parking lots for the purpose of, and in such numbers, and at such places as may be necessary to the regulation, control and inspection of the parking oY vehicles therein. Section 2. Such parking meters shall be installed immediately adjacent to the individual parking spaces herein- after described, and each parking meter shall be so constructed and ad- justed as to show, when properly op• crated, a signal that the space adja- cent to which it is installed is or ism not legally in use. Each parking me- ter installed shall indicato on and b~ its dial the duration of the period of legal parking and on the expiration of such period shall indicate illegal or overpacking. Section 3. The City Manager shall establish and designate by suitable markings, parking spaces and traffic lanes on Bald municipally owned parking lots and each vehicle park- ing in such parking iota shall park within such parking spaces. It shall be unlawful to park any vehicle on any municipally owned parking lot in such a position that the same shall not be entirely within such parking space or in such a manner that it shall obstruct the free move- ment of vehicles over such traffic lanes. Section 9. ZVhen such parking spaces are so established and marked and parking meters installed adjacent thereto, it shan be unlawful for any person to cause, allow, permit or suf- fer any vehicle registered in his name to be parked within such space for the time during which the meter is showing a signal indicating that such space is illegally in use other than such time as is necessary to place such meter in operation between the hours of 8:00 A. M. and 9:00 P. M. of any day except Sundays and Holi- days. Section 5. Parking meters on muni- cipally owned parking lots, when in- stalled and properly operated shall be so adjusted as to show legal park- ing upon and after the de- posit of a United States five cent coin for each one hour of parking up to and including five hours and five hours upon the deposit therein of one United States twenty-five cent coin. Section 6. It shall be unlawiu] to deposit cr cause to be deposited in any parking meter any slug, device, or metallic substitute for any United States coin. Section 7. It shall be uriawfu] for any unauthorized person to open, or for any person to deface, injure, tam- per with, or willfully break, destroy, or impair the usefulness of any park- ing meter installed pursuant to this ordinance, or to hitch any animals thereto. Section 8. It shall be the duty of the police, under the direction of the ~'hief of Police to keep account of all violations of this ordinance. (a) He shall keep an account of and report the number oP each park- ing meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parked in violation oY any of the provisions of this ordinance, the date and hour of such violation, the make and the state license number of such vehicle, and any other Pacts a knowledge of which is necessary to a thorough understanding oP the cir- cumstances attending such violation. (bj He shall attach to such vehicle a Summons card stating that it has been parked in violation of this or- dinance, and Instructing the owner or operator to report to the Desk 6er- geant at the Police Station not later than 8:OD o'clock A. M., the following morning in regard to such violation, Section 9. Any person violating any provision of thin ordinance shall be deemed guilty oP a misdemeanor, and upon conviction thereof shall be pun- ishable by a fine not exceeding $100.00 and upon failure to pay said fine 318 Regular Session, June 4th, 1951 shalt be imprisoned for a Ueriod not exceeding thirty (30) days. Section 10. The amount of the coins required to be deposited in parking meters as provided herein fs hereby lev[ed and assessed as a fee to pro- vide for the proper regulation, con- trol, and inspection of traffic upon the public streets; and said parking iota; Bald coins as collected are to be paid into the Consolidated Fund of the City of Dubuque. Section 11. It shall 6e the duty of the City Manager to designate some person or persons to make regular collections of the money deposited in said parking meters, and deliver the money to the City Treasurer, and it shall also be the duty of the City Treasurer, to count the money and place it in a special fund to be known as the "Parking Meter Pund", which fund shall be used for the purposes specified in Section 10. Such person or persona making such collections shall be bonded in the sum of One Thou- sand Dollars ($1,000) to insure the faithful Performance of his or their duties. The premium on the bond shall be paid by the City. Section 12. If any aecticn, part of section, sentence, clause, or phrase of this ordinance shall be held to be unconatitutiona] or invalid, the re- maining provisions hereof shall never- theless remain In full force and ef- fect. Section 13. This Ordinance shall be In force and effect ten days from and after its final passage, adoption and publication as by law provided. Passed upon first reading this 14th day of May, 1951. Passed, adopted and approved up- on final reading this 4th day oY June, 1951. ROMOLO N. RUSSO Mayor RAY KOLB RUBEN V. AUSTIN LEO N. SCHUIJLLER Councilmen Attest: J. J. Shea, City Clerk Published officially in The Telegraph- Hera]d newspaper this 8th day of June, 1951. It 6/8 J. J. Shea, City Clerk. Councilman Austin moved the adoption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Xeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Dubuuue, Iowa May 31, 1951 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1950, the Civil Service Commission conducted an entrance examination on April 23, 1951 for those seek- ing positions on the Fire Depart- ment. The following are the names of those who passed the mental and physical examinations and their names are hereby certified for ap- pointments on the Fire Depart- ment, Names Average Paul N: Schuster ................81~% Joseph F. Doyle ......................75'/a% Respectfully submitted, LOUIS J. LAGEN, Chairman C, S. HARKER, E. B, LYONS, Members, Civil Service Commission Attest: J. J. SHEA, Clerk Subscribed and sworn to before me, a Notary Public this 31st day of May, 1951. Geraldine L. Jenni (Seal) Notary Public Councilman Kolb moved that the report of the Civil Service Commis- sion be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. May 31, 1951 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1950, the Civil Service Commission conducted a promotional examina- tion on April 25, 1951, for those seeking promotions on the Police Department, The following are the names of those who passed with an average of 70 per cent or better. All promo- tions on the Police Department should be made from this list, Name Average John J. Dolan ..........................88.5% Russell S. Fullarton ................88.0% Darrell N. Kilby ......................84.5% Percy Lucas ..............................82.5% Byrne A. O'Brien ....................81.0% Respectfully submitted, LOUIS J. LAGEN, • Chairman C. S. HARKER, Members, Civil Service Commission Attest: J. J. SHEA, Clerk Subscribed and sworn to before a M Regular Session, June 4th, 1951 319 me, a Notary Public this 31st day of May, 1951, Geraldine L. Jenni (Seal) Notary Public in and for Dubuque County, Iowa Councilman Kolb moved that the report of the Civil Service Commis- sion be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following Vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu, May 18, 1951 Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: At a session of the City Council of Dubuque, Iowa, held May 14, 1951 the following motion was adopted: That the petition of Ben Maiden and others requesting that there be no parking of cars on East Six- teenth from the railroad tracks (Pine Street) to Elm Street, there- by making two lane traffic, be re- ferred to the Chief of Police and the Fire Chief for Recommendation and report. We have made an investigation and find that this one block area is a heavily used and congested street, involving considerable turn- ing movement. It is our recommendation that parking be restricted at all times on East Sixteenth Street from the Railroad Tracks (Pine Street) to Elm Street, Respectfully yours, THOMAS HICKSON, Fire Chief, JOS. H. STRUB, Police Chief. Councilman Kolb moved that the recommendation of Fire Chief Chief Hickson and Police Chief Strub be approved and proper proceedings prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu, May 31, 1951 Hon, Dfayor and City Council, City of Dubuque, Iowa. Gentlemen: 1'Ve are enclosing herewith copy of action taken by the Board of Review in regard to the com- plaints made by the owners of properties as described in said copy, which complaints were made against the 1951 assessments. Notice of said action by the Board of Review has been posted as pro- vided by law. Yours truly, HARRY J. HANOVER, Clerk of the Board of Re- view. Councilman Kolb moved that the report of the Board of Review be received and placed on file. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. May 23, 1951 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: The claim of Leonard E. John- son for damages to his car result- ing from defects in 25th Street was referred to this office for in- vestigation and report. I have dis- cussed the matter with Mr. John- son, who is not sure when the damage was done to his car, but assumes it must have resulted from the rough street. I have in- vestigated the street and find it was in the usual condition of a macadam street after a heavy winter. The street was repaired by the street department as soon as it had a reasonable opportunity to do so. Under the circumstances I re- commend that the claim be dis- allowed. Respectfully, T. H. NELSON. Councilman Kolb moved that the recommendation of City Solicitor Nelson be approved. Seconded by Councilman Schueller. Carried by the following vote; Yeas--Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu, 320 Regular Session, June 4th, 1951 May 23, 1951 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen; The enclosed com• munication is hereby submitted with the recommendation that the same be made a matter of record. Respectfully, T. H. NELSON Councilman Austin moved that the recommendation of City Solici- tor Nelson be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor-Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. May 17, 1951 T. H. Nelson, City Solicitor City of Dubuque Dubuque, Iowa. Dear Mr. Nelson: Reference is made to your letter of May 14 in which you advise that the City of Dubuque operates a municipal golf course and charges a fee for the privilege of playing on the course. However, no fee is charged for en- tering the grounds or being on the same in anon-playing status. The Commissioner of Internal Revenue has ruled that in such cases, the amount charged for the privilege of playing golf is not con- sidered an amount charged for admission to a place, and therefore the Federal Admissions Tax does not apply. Very truly yours, G. G. JECK, Collector By: Morris 0. Penquite, Asst Chief Wage and Excise Tax Division May 29, 1951 Honorable Mayor and Members of the Council, City of Dubuque, Iowa Gentlemen: The claim of Robert J, McCauley for damages result- ing from a fall on an icy sidewalk on January 12th, 1951, was referred to this office for recommendation and report. We have investigated this matter and find that Mr. McCauley sus• tamed a fractured left ankle as a result of an accumulation of rough and uneven ice in front of 517 Loras Boulevard. From an investi- gation we do not find sufficient evidence to warrant seeking re• cover against the abutting property owner. Mr. John C. Oberhausen, attor• ney for Mr. McCauley, has agreed to accept $350.00 in full settlement of his claim and this amount ap• proximates Mr. McCauley's dam• ages. We therefore recommend that the Auditor be instructed to draw a warrant in favor of Robert J. McCauley and John C. Oberhausen, his attorney and to issue the same upon receipt of a properly execut• ed release. Sincerely, '1'. H. NELSON Councilman Kolb moved that the recommendation of City Solicitor Nelson be approved and the City Auditor instructed to draw a war• rant in the amount of $350.00 in favor of Robert .T. McCauley and John C. Oberhausen, his attorney, as settlement in full of the claim and that said warrant be delivered upon receipt by the City of Du• buque of a properly executed re• lease. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. June 5,1951 To the Honorable Mayor and City Council of the City of Dubuque, Towa Gentlemen: On March 5, 1951, the claim of Mary Maus in the sum of $6,000.00 on account of per- sonal injuries sustained by her when she fell in the alley between Central and White Streets at 13th Street was referred to this of• fice for investigation and report. An investigation was made and it was determined that said claim should be compromised and settled. The Insurance Company in which the property owner was insured has agreed to contribute the sum of $137.50 toward settlement. Coun- sel for the claimant has advised us that claimant will accept the sum of $600.00 in full It is therefore respectfully recommended that the City contri- bute the sum of $462.50 as their ~- .~, a Regular Session, Tune 4th, 1951 321 portion of the settlement and it is respectfully recommended that the Treasurer be instructed to draw a warrant in favor of Louis F. Fautsch, Attorney for Mary Maus, in the sum of $462.50, to be deliver- ed to him upon the execution of a proper release by Mary Maus, Respectfully submitted, R. M. CZIEZK, Asst. City Solicitor Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $462.50 in favor of Louis F. Fautsch, At- torney for Mary Maus, and that said warrant be delivered upon re- ceipt by the City of Dubuque of a properly executed release. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. May 18, 1951 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa. Gentleman: The attached petition of Mettel Realty & Investment Co. request- ing rezoning of certain property, Lot 2 of Subdivision of Lot 1 Heim Sub., to light industrial classifi• cation is being returned without action for the reason that title to the property passed from the hands of the petitioner Mettel Realty & Investment Co., in April, A similar petition signed by Guinta Brothers Co. was consider- ed by the Planning & Zoning Com- mission and said Planning and Zoning Commission respectfully recommends to your Honorable Body approval of the petition. Yours truly, The Dubuque Planning & Zoning Commission, By: R. V. McKAY, Secretary, Councilman Kolb moved that the recommendation of the Plan• ning and Zoning Commission be approved and proper proceedings prepared. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. May 15, 1951 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa. Gentlemen: Referring to the attached peti• tion of A. C. Newburgh et. al. re- questing vacation of a ten foot dead end alley between Grand- view Ave. and Victoria St, extend- ing south easterly from the south easterly line of Logan St. the Planning & Zoning Commission respectfully recommends the grant- ing of the petition with the pro- vision that an easement be re• tamed by the City for present and possible future public utilities. This strip might prove exceed- ingly valuable for sewer purposes. In this connection, the Planning & Zoning Commission respectfully suggests that City Council estab- lish the sound business policy of requiring abutting property own- ers to reimburse the City for City property acquired by such vaca- tions, based on going land values in the area. Such a policy would prove fair to all beneficiaries as well as the City. Yours truly, The Dubuque Planning ~ Zoning Commission, By R. V. McKAY, Secretary. Councilman Kolb moved that the recommendation of the Plan- ning and Zoning Commission be approved and proper proceedings prepared. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. E 322 Regular Session, June 4th, 1951 May 18, 1951 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of Dr. John A. Link requesting re- zoning of Lot 2 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Sub. from two family to multiple family classification, the Planning & Zoning Commission re- spectfully recommends denial of the petition for the following reasons: (1) The lot does not front on a public highway. (2) It is ideally located for two family use and conforms to sur- roundings which the Planning & Zoning Commission would favor keeping unchanged. It is com- pletely surrounded by Two Family property. (3) To rezone as suggested would constitute rezoning of a single lot which the courts have ruled as illegal zoning. Yours truly, The Dubuque Planning & Zoning Commission, By R. V. McKAY, Secretary. Councilman Kolb moved that the recommendation of the Plan• ning & Zoning Commission be ap- proved. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent---Councilman Welu. May 15, 1951 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa, Gentlemen: Regarding attached petition of Orlin J. Conlon and Eldon F. Ess- .man requesting vacation of that portion of Lot 38 in Grandview Heights, facing on Victoria St. marked on the plat "for Street Purposes," the Planning & Zoning Commission respectfully recom- mends denial of the petition. This ground is reserved for access to the Faldorf property to the south, if and when this attractive area. is developed, and should not be allowed to pass out of City control at this time. The Planning & Zoning Com- mission suggests that the lot, especially the part forming the sidewalk along Victoria Street, be graded and seeded in order to conform with the attractive sur- roundings. Yours truly, The Dubuque Planning & Zoning Commission, By R. V. McKAY, Secretary. Councilman Kolb moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Council- man Schueller, arried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. June 4, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Bids were received on Lots 1 of 3 Randall's Sub. which were re- ferred to the City Council to view the grounds. The City Manager was directed to secure an appraisal from the Dubuque Real Estate Board, which is herewith attached. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Kolb moved that the communication of City Man- ager 5chiltz and the appraisal of the Dubuque Real Estate Board be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. .~ Regular Session, June 4th, 1951 323 TIE DUBUQUE REAL ESTATE BOARD Dubuque, Iowa City of Dubuque, Dubuque, Iowa, Gentlemen: The undersigned, a duly ap- pointed appraisal committee of the Dubuque Real Eastate Board, do hereby certify that we have per- sonally and carefully inspected the premises described as Lot 1 of 3 Randall's Subdivision and lo• toted at the end of Mt. Loretta Street, from information on plat furnished, and have appraised the same in the sum of seven thousand five hundred dollars ($7,500.00). Respectfully submitted, CHRIS A. VOELKER, Chairman EDWIN C. KUEHNLE, M.A,I. EARL R. BUSH. Attest: A. J. MIHM, Secretary-Treasurer, Dubuque Real Eastate Board. June 2, 1951 June 4, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap• proved the following bonds and desire to have your approval on same for filing: EXCAVATION Geo. I. Beaves, 2531 Windsor Avenue, Bond No. 218160, Western Surety Company. Dale E. Smith, Golf Pro at Muni- cipal Golf Course, National Surety Corporation. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the bonds be approved and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Nays-None. Absent-Councilman Welu. June 1, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The terms of Dr. William Zuker and Merlin Hantelman as library board members expire July 1,1951. Your action is requested to make appointments for these vacancies. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Schueller moved that Mr. Merlin Hantelman be re- appointed as a member of the Library Board for a term of six years, said term expiring July 1, 1957. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. May 25, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: There have been several com• munications addressed to the City Council within the last several months releative to fluoridation of city water. I have a report from Mr. Hail, superintendent of Water Works, giving the information as to .what has transpired along with recom- mendations of the Dubuque County Dental Society, Medical Society and the City Health Director. The estimated cost of installing the necessary equipment to add fluorine to the city water would be approximately $17,500.00 and the estimated annual operating, maintenance and depreciation casts would be approximately $7,500.00. In view of the results to be ob• tained by using this treatment and the benefits to be derived by all of the people in the city, I believe it would be a wise invest- ment to make. Respectfully submitted, L, J. SCHILTZ, City Manager. ~. „~ 324 Regular Session, June 4th, 1951 Councilman Kolb moved that the recommendation of City Manager Schiltz be adopted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. May 23, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The request in regard to con- struction of curb and gutter and sidewalks on Hillcrest Road have been referred to the City Manager and Solicitor for study and report. The city limits extend West as far as the center of Mullin Road at the intersection of Hillcrest Road and then to the south side of Hill- crest Road to the City-County line and continues west to the west city limits. Hillcrest Road was im- proved with curb and gutter on the north side and the location of these curbs indicates that the street centerline is twenty-five feet from the North property line. This would leave only fifteen feet to the south property line as Hill- crest Road is only fifty feet in width. It would be in the best interest of the city to obtain by easement a ten foot strip on the South side of Hillcrest before any curb and gutter were constructed, and this would give the necessary room for sidewalks on the south side of Hillcrest. I do not think it practical to place curbs and gutters along the south side of Hillcrest Road until property owners along this side indicate their desire to have them and then if they give an easement for ten additional feet for the street, which would make a fifty foot street with thirty feet between curbs. The curb would then be on both sides of the street from Asbury Street to Mullin Road and the balance of the distance of ap- proximately three blocks the curb would be on the north side only because it would be impossible to assess the costs of curb and gutter against property outside the limits of the city. Regarding construction of side- walks the city can order construc- tion of the sidewalks requested; however, there is, in my opinion, a question as to the City's liability when the excavation necessary to construct the sidewalks will re- move trees and a considerable por- tion of the lawn on the property adjoining Asbury Street and Hill- crest Road. With the exception of sidewalks on Asbury Street and part of Mullin and Hillcrest Roads, there are no sidewalks in this Addition and, in my opinion, the property owners should not be forced to install sidewalks until the great majority of the property owners have installed sidewalks, Regarding street lights, there are three lights from Asbury Street to Mullin Road and in my opinion, are adequate. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendations of City Man- ager Schiltz be approved. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Councilman Austin moved that the bids submitted for the con- struction of Storm Relief Sewers, Sections C and D be rejected and the City Treasurer instructed to return the certified checks to the bidders. Seconded by Councilman Kolb.. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. RESOLUTION N0. 168-51 Resolution to fix a date of meet- ing at which it is proposed to take action for authorizing the issuance of $210,000 Sewer Bonds, Whereas, the City of Dubuque, Iowa, acting by and through its City Council, has heretofore de- termined it to be immediately i Regular Session, June 4th, 1951 325 necessary to provide for construct- ing sewers in and for said city, the cost whereof is to be paid by said city as a whole; and Whereas it is deemed for the best interest of said City that Sewer Bonds of said City be authorized to be issued to the amount of $210,000, as permitted and provided for by Section 396.22 of the Code of Iowa, for the purpose of paying the cast of con- structing said sewers, but it is first necessary to give notice and a hearing as required by Section 23.12 of the Code of Iowa; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, as follows: Section 1. That this City Council meet at the Council Chambers in the City Hall within said City on the 15th day of June, 1951, at 7:30 o'clock P.M, at which time and place proceedings will be instituted and action taken for authorizing the issuance of Two Hundred Ten Thousand Dollars ($210,000) Sewer Bonds for the purpose of defraying the cost of constructing sewers in and for said City. Section 2, The City Clerk is hereby directed to give notice of the proposed action for the is- suance of said bonds, setting forth the amount and purpose thereof, the time when and place where said meeting will be held, by pub- lication at least once for at least ten days before said meeting, in The Telegraph-Herald, an official newspaper printed, published and having a general circulation within said City. Said notice shall be in substantially 'the following form: NOTICE OF MEETING FOR IS- SUANCE OF SEWER BONDS. The City Council of the City of Dubuque, Iowa, will meet on the 15th day of June, 1951, at the Council Chambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., for the purpose of instituting proceedings and taking action for the issuance of Sewer Bonds of said City in the amount of Two Hundred Ten Thousand Dollars ($210,000) for the purpose of pay ing the cost of constructing sewers in and for said city. At any time before the date of said meeting five or more tax- payers may file a petition in the office of the City Clerk, setting forth their objections thereto. By order of the City Council June 4th, 1951. J. J. SHE9, City Clerk. Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed, and this resolution shall be effective forthwith upon its pas- sage and approval. Passed and approved June 4th, 1951, ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded June 4th, 1951. 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 Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. RESOLUTION N0. 169-51 Resolution providing for the advertisement for bids for the purchase of $210,000 Sewer Bonds, Whereas this City Council has heretofore determined it to be necessary that certain sewers be constructed in and for said City, and it is deemed advisable and for the best interests of said City that Sewer Bonds in the amount of $210,000 be now advertised for sale at competitive bidding as re- quired by Chapter 75 of the Code of Iowa; Now, Therefore, Be It and It is Hereby Resolved and ordered by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That advertisement be made for bids for the purchase of Sewer Bonds of the City of Du• d~: 326 Regular Session, June 4th, 1951 buque, Iowa, in the principal amount of $210,000, to be dated June 1, 1951, of the denomination of $1000, maturing serially $20,000 on November 1 of each of the years 1952 to 1959, inclusive, and $25,000 on November 1 of each of the years 1960 and 1961, and that such advertisement state that all such bids will be acted upon by the City Council at its meeting to be held at 7:30 o'clock P.M., on June 15th, 1951, The City Clerk is hereby authorized and directed to publish notice of such advertise- ment in the form customarily employed for that purpose, once each week for at least two con- secutive weeks, in the Telegraph- Herald, an official newspaper of general circulation printed and published in said City of Dubuque, and of general circulation in Du• buque County, Iowa. Section 2. That all resolutions or orders in so far as same may be in conflict herewith be and the same are hereby repealed and that this resolution be effective im- mediately upon its passage and approval. Passed, and approved June 4th, 1951. ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest, J. J. SHEA, City Clerk. ROMOLO N. RUSSO, Mayor. Recorded June 4th, 1951. 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 Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. RESOLUTION N0. 170-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Fairway Drive from the west pro- perty line of St. Ambrose Street to the east property line of Bunker Hill Road with asphaltic macadam surfacing, estimated cost $2,916.82, presented and read. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. (Necessity for Improvement) RESOLUTION NO. 171-51 Whereas, proposed plans, 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: I. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type 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 Fairway Drive from the west property line of 5t. Ambrose Street to the east property line of Bunker Hill Road. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- 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- strutted and done in accordance with the plans which have been prepared therefor by the City Engineer which have been ap- -a 1 Regular Session, June 4th, 1951 327 proved by the City Council and are now on file with the City Clerk. That the material cost 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- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment cost. shall be paid out of the street con- struction fund, Bonds shall be is- sued and sold in anticipation of deferred payments of assessments when the work has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of June, 1951. Approved: RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved that the resolution be approved and placed on file for final action. Seconded by Councilman Schueller. Carried by the following vote: Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Celrk's office for public inspection. Be It Therefore Resolved that on the 2nd day of July 1951, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of pro- perty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount to be assessed against any lot and to the passage of the proposed Resolu- tion of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless pro perty owners at the time of final consideration of said resolution have on file with the Clerk object• tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such objections and enter on record its final decision thereon. Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman We]u. (Fixing date of hearing) RESOLUTION N0. 172-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution Na. 170-51 given its preliminary approval of the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, far the improvement of Fairway Drive from the west property line of St. Ambrose Street to the east pro- perty line of Bunker Hill Road and, Passed, adopted and approved this 4th day of June, 1951. ROMOLO N. RUSSO, Mayor. 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 Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. ~` V' 4 '~ r. 328 Regular Session, June 4th, 1951 RESOLUTION N0. 173-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Marion Street from the west pro- perty line of Fremont Avenue to the end of Marion Street with asphaltic macadam surfacing, esti• mated cost $6,790.70, presented and read. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu, (Necessity for Improvement) RESOLUTION N0. 174-51 Whereas, proposed plans, 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, stating the same for each different type 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 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• strutted and done in accordance with the plans which have been prepared therefor by the City Engineer which have been ap- proved by the City Council and are now on file with the City Clerk. That the material cost 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. Labor and equipment costs shall be paid out of the street construction fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when the work has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of June, 1951. Approved: ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved that the resolution be approved and placed on file far final action. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. (Fixing date of hearing) RESOLUTION N0. 175-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 173-51 given 'its preliminary approval on the pro- posed plans, specifications and form of contract and placed same t Regular Session, June 4th, 1951 329 on file in the office of the City Clerk for public inspection, for the improvement of Marion Street from the west property line of Fremont Avenue to the end of Marion Street; and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 2nd day of July 1951, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners subject to assessment for the proposed improvement may appear and make abjection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of .the proposed Resolution of Necessity and the City Clerk be and be is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso• lution have on file with the Clerk objections to the amount of the p"roposed assessment, they shall have deemed to have waived all objections thereto, at which hear- ing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of June, 1951. ROMOLO N. RUSSO, Mayor. 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 Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. RESOLUTION N0. 176-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents far the improvement of McLenan Street from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue with asphaltic macadam surfacing, estimated cost $1,620.23, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None, Absent-Councilman Welu. (Necessity for Improvemenfi) RESOLUTION N0. 171-51 Whereas, proposed plans 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, stating the same for each different type 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 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- sary for the public welfare to make the herein mentioned im- provement, and unless property 330 Regular Session, June 4th, 1951 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 which have been prepared therefor by the City Engineer which have been ap- proved by the. City Council and are now on file with the City Clerk, That the material cost of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount grovided by law, pro• perty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid out of the street construction fund. Bonds shall be issued and sold in anticipation of deferred payments when the work has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of June, 1951. Approved: ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Austin moved that the resolution be approved and placed on file for final action. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. (Fixing date of hearing) RESOLUTION N0. 178-1 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 176-51 given iLs preliminary approval on the pro• posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of McI,enan Street from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue; and, Whereas, the proposed Resolu• tion of Necessity for said improve~ went has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 2nd day of July 1951, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of pro• perty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of June, 1951. ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Regular Session, June 4th, 1951 331 Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. ' Absent-Councilman Welu. RESOLUTION N0. 179-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other ~ documents for the improvement of Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street with. asphaltic macadam surfacing, estimated cost $2,971.74, presented and read. Councilman Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. (Necessity for Improvement) RESOLUTION N0. 180-51 ~ Whereas, proposed plans, plat and schedule have been duly pre- pared and approved by the City Couucil 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, 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 pro- perty 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 con• strutted and done in accordance with the plans which have been prepared therefor by the Ciiy Engineer which have been ap- proved by the City Council and are now on file with the City Clerk. That the material cost of making said improvement will be as• sessed upon and against all pri• vately owned property lying within assessable distance provided by law and in an amount not to ex• Geed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid out of the street construction fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when the work has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 4th day of June, 1591. Approved: ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Mayor Russo moved that the resolution be approved and placed on file for final action. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. 332 Regular Session, June 4th, 1951 (Fixing date of hearing) RESOLUTION N0. 181-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 179-51 given its preliminary approval on the pro• posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Grovelar~d Place from the west property line of Sheridan Street to the east pro- perty line of Burden Street; and, this 4th day of June, 1951. ROMOLO N. RUSSO, Mayor. 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 Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. Be It Therefore Resolved that on the 2nd day of July 1951, a public hearing will be held at 7:30 o'clock P.M, in the Council Chamber in the City of Dubuque at which time the owners of pro- perty subject to assessment for the proposed improvement may appear and make objections to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adapted and approved RESOLUTION N0. 182-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Finley Street from the south pro• perty line of University Avenue to the north property line of West Street with asphaltic macadam surfacing, estimated cost $4,162,58, presented and read, Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. (Necessity for Improvement) RESOLUTION N0. 183-51 Whereas, proposed plans, 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, stating the same for each different type of construction and kind of material to be used. B. In each case the amount thereof which is estimated to be a Regular Session, June 4th, 1951 333 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 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 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 which have been prepared therefor by the City Engineer which have been ap- proved by the City Councll and are now on file with the City Clerk. That the material cost of making said improvement will be assessed upon and against all privately owned property lying within as• sessable distance provided by law and in an amount not to exceed the amount provided by law, pro- perty will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment casts shall be paid out of the street construction fund. Bands shall be issued and sold in anticipation of deferred payments of assessments when the work has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro duced, approved and ordered placed on file with the City Clerk this 4th day of June, 1951. Approved: ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved that the resolution be approved and placed on file for final action. Seconded by Mayor Russo. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. (Fixing date of hearing) RESOLUTION N0. 184-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution Na. 182-51 given its preliminary approval on the pro• posed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the im• provement of Finley Street from the south property line of Univer• sity Avenue to the north property line of West Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 2nd day of July, 1951, a pub• lic hearing will be held at 7:30 o'clock P. M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement may appear and make objection to the pro• posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount pro• posed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and ho is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than -two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on .file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such 334 Regular Session, June 4th, 1951 objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of June, 1951. ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk. Mayor Russo moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None, Absent-Councilman Welu. RESOLUTION N0. 185-51 Preliminary approval of plans, specifications, farm of contract, plat and schedule and all other documents for the improvement of Tressa Street from the west property line of McLenan Street to a point 391 feet east with asphal- tic macadam surfacing, estimated cost $1,061.68, presented and read. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin„ Kolb, Schueller, Nays-None. Absent-Councilman Welu. (Necessity for improvement) RESOLUTION N0. 186-51 ~'Vhereas, proposed plans, 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 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 fived 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 mater- ial to be used. 6. In each case the amount thero- of which is estimated to be assessed against each lot, for the improve- ment 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 im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the material cost 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 propor- tion to the special benefits con- ferred thereby. Labor and equip- ment costs shall be paid out of the street construction fund. Bonds shall be issued and sold in antici- pation of deferred payments of as- sessments when the work has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 4th day of June, 1951. Approved: ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolh moved that the resolution be approved and placed on file for final action. Seconded .$ Regular Session, June 4th, 1951 335 by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller: Nays-None. Absent-Councilman Welu. (Fixing date of hearing) RESOLUTION N0. 181-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Rsolution No, .185-51 given its preliminary approval on the pro posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Tressa Street from the west property line of McLenan Street to a point 191 feet east; and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection Be It Therefore Resolved that on the 2nd day of July 1951, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at whhich time the owners of pro• perty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of June 1951. ROMOLO N. RUSSO, Mayor. 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 Mayor Russo. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Nays-None. Absent-Councilman Welu. RESOLUTION N0. 188-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Balke Street from the north prop- erty line of Link Street to the south property line of Lowther Street with asphaltic macadam sur- facing, estimated cost $2,840.62, presented and read. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. (Necessity for Improvement) RESOLUTION N0. 1891 Whereas, proposed plans, 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 district, if any. 2. The streets to be improved. 3, The width of such improve- ment. 4, Each- lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improve- 338 Regular Session, June 4th, 1951 Seconded by Mayor Russo. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. (Fixing Date of Hearing) RESOLUTION N0. 193-51 Whereas, the City Council of the City of .Dubuque, Iowa, has by Resolution No. 191-51 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Napier Street from the east property line of Foye Street to a point 300 feet west and, Whereas, the proposed Resolu• tion of Necessity for said improve~ went has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 2nd day of July, 1951, a public hearing will be held at 7:30 o'clock P,M, in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im• provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro posed .district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of June, 1951. ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA: City Clerk. Mayor Russo moved the adop• tion of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. RESOLUTION N0. 194-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of St. Joseph Street from the west property line of Fremont Avenue to the east property line of Stet- more Street with asphaltic maca- dam surfacing, extimated cost $3,653.14, presented and read. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. (Necessity for Improvement) RESOLUTION N0. 195,51 Whereas, proposed plans, 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: I. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amountthere- ofwhich is estimated to be assessed against each lot, for the improve- a l Regular Session, June 4th, 1951 339 ment of St. Joseph Street from the west property line of Fremont Av enue to the east property line of 5tetmore 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• strutted and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the material cost of making said improvement will be assessed upon and against all privately owned property lying within assessable distances provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in propor- tion to the special benefits con- ferred thereby. Labor and equip- ment costs shall be paid out of the street construction fund. Bond shall be issued and sold in anticipation of deferred payments of assess- ments when the work has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 4th day of June, 1951, Approved: ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V, AUSTIN, LEO N.SCHUELER, Councilmen. Attest: J: J: SHEA, City Clerk. Councilman Kolb moved that the resolution be approved and placed on file for final action. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Nays-None. Absent-Councilman Welu. (Fixing date of hearing) RESOLUTION N0. 196-51 Whereas, the City Council of the City of Dubuque, Iowa, has- by Resolution No. 194-51 given its preliminary approval on the pro- posed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of St. Joseph Street from the west property line of Fremont Av- enue to the east property line of Stetmore Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 2nd day of July 1951 a public hearing will be held at 7:30 o'clock P,M, in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objections to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless prop- ertyowners at the time of final con- sideration of said resolution have on file with the Clerk objections to the amount of the proposed as- sessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final de- cision thereon. ~= ~1 340 Regular Session, June 4th, 1951 Passed, adopted and approved this 4th day of June, 1951. ROMOLO N. RUSSO, Mayor. RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Mayor Russo moved the adoption of the resolution. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None, Absent-Councilman Welu. lowing applications be granted and the licenses are to be issued upon compliance with the terms of the ordinances of this City. - CLASS "B" PERMIT A. R. Uppinghouse and Philo- mena Uppinghouse, 238.240 West 6th Street. Leo F. Link and Bernice Link, 1487 Central Avenue. Mildred M. Schaller and Clara R, Schaller, 378 Main Street. Mrs. Marcella Wilming, 1701 As- bury Street. Russell G. Kissling, 781 Locust Street. Mrs. Josephine Burke, 1091 Main Street. RESOLUTION N0. 197-51 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 per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Mrs. Marcella Wilming, 1701 As- bury Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 4th day of June, 1951. ROMOLO N. RUSSO, Mayor. 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 Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. RESOLUTION N0. 198-51 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 fol• CLASS "B" PERMIT FOR PRIVATE CLUB The Travelers Club, 75 East Fourth Street. CLASS "C" PERMIT The Kroger Company, 270 West 7th Street. Leo P. Manahl, 785 Groveland Place. Passed, adopted and approved this 4th day of June, 1951. ROMOLO N. RUSSO, Mayor. 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 Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. RESOLUTION NO. 199-51 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, a a Regular Session, June 4th, 1951 341 Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT A. R. Uppinghouse and Philo- mena Uppinghouse, 238.240 West 6th Street. Leo F. Link and Bernice Link, 1487 Central Avenue. Mildred M. Schaller and Clara R. Schaller, 378 Main Street. Mrs. Marcella Wilming, 1701 As- bury Street. Russsell G. Kissling, 781 Locust Street. Mrs. Josephine Burke, 1091 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB The Travelers Club, 75 East Fourth Street, There being no further business Councilman Austin moved to ad- journ. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. J. J. SHEA, City Clerk. Approved ............... 1951 Adopted ................. 1951 Councilmen ...................................... CLASS "C" PERMIT The Kroger Company, 270 West 7th Street. Leo P. Manahl, 785 Groveland Place. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 4th day of June, 1951. ROMOLO N. RUSSO, Mayor. 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 Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Councilman Austin moved that Miss Martha J. Bartlett be appoint- ed as a member of the Playground and Recreation Commission to fill the unexpired term of Mrs. Grace Schneider, recently resigned. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Welu. Attest :................................................ City Clerk. 342 Special Session, June 15th, 1951 City Council (Offlclal) Special Session, June 15th, 1951, Council met at 7:30 P.M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Meeting called by order of Coun- cilmen Welu and Kolb. Mayor Russo read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- sidering proposals for the purchase of $210,000 Sewer Bonds and also for considering the matter of in• stituting proceedings for the issu• once of $210,000 Sewer Bonds and acting on any other business as may properly come before a regu- lar meeting of the City Council, May 31, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have consulted with Mr. George Consoer of the firm Consoer, Townsend and Associates relative to the bid of James Mc- Hugh Construction Company, Inc. of Chicago on Section "D" of the storm relief sewer project. The James McHugh Construction Company suggested changes in the specifications that would lower their bid; however, these changes would change the design of sec- tions of the sewer reducing the capacity and would not be accept- able from an engineering point of view. The low bid on Section "B" was $120,300.20 and in view of the fact that bids on this job varied only 0.3 percent, the bid is a reason- able one. I would recommend that the contract from Section "B" be awarded to Larson Construction Company of Dubuque, Iowa. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Wclu moved that the recommendation of City Man- ager Schiltz be accepted, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 200-51 Whereas, proposals have been submitted by contractors for the construction of Sturm 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 the prolongation of East Eighth Street extended; thence westerly along the pro- longation of East Eighth Street ex- tended and of East Eighth Street to the east property line of White Street pursuant to Resolution No. 85-51 and Larson Construction Company, Dubuque, Iowa contrac- tor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Larson Construction Company, Dubuque, Iowa and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 15th, 1951, Councilman Welu moved that the resolution be approved and placed on file far at least one week before its final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of sale of $210,000 Sewer Bonds, 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 Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ~,a Special Session, June-15th, 1951 RESOLUTION N0. 201-51 Section 3. Th Resolution providing far the sale and award of $210,000 Sewer bonds and approving and authorizing the agreement of such sale and award. Whereas notice of sale of Two Hundred Ten Thousand Dollars ' ($210,000) Sewer Bonds of the City of Dubuque, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa, by publication of notice for two or more succes• `~ sive weeks in a newspaper pub- lished and of general circulation in Dubuque County, Iowa; and Whereas all sealed bids have been received and placed on file, after which open bids were called for and received as follows: Harris Trust & Savings Bank, Chicago, Ill., Iowa-Des Moines Natl. Bank, Des Moines, Iowa, The White-Phillips Co. Inc., Davenport, Iowa; and thereafter such sealed bids were opened, the substance of the best bid being as follows: No sealed bids filed. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad• vised in the premises it is hereby determined that the bid of Harris Trust & Savings Bank, Chicago, Ill., Iowa-Des Moines Natl. Bank, Des Moines, Iowa, The White-Phillips Co. Inc., Davenport, Iowa for 'the purchase of $210,000 Sewer Bonds, as advertised, bearing interest at the rate of one and three-quarters per cent (13/.x) per annum, is the highest and best bid received and that said bands be and the same are hereby awarded to said Harris Trust & Savings Bank, Chicago, Ill., Iowa-Des Moines Natl. Bank, Des Moines, Iowa, The White-Phillips Co. Inc. Davenport, Iowa. Section 2, That the form of agree- ment of sale of said bonds to Harris Trust & Savings Bank, Chicago, Ill., Iowa-Des Moines Natl. Bank, Des Moines, Iowa, The White-Phil- lips Co. Inc., Davenport, Iowa be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to execute said agreement for and on behalf of said City, and to affix the corporate seal of said City thereto. 343 at all resolutions or parts of resolutions in conflict here- with be and the same are hereby repealed. Introduced June 15, 1951. Councilman Kolb moved that the resolution be placed on file with the City Clerk for public inspection pending final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of meeting for issuance of $210,000 Sewer Bonds, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Kalb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 28-51 An Ordinance authorizing the is- suance of $210,000 Sewer Bonds and providing for the levy of taxes to pay the same, presented and read. Councilman Kalb moved that the ordinance be placed on file with the City Clerk for public inspec• tion pending final adoption. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 167-51 Resolution providing for the sale and award of $30,000 Dock Bonds and approving and authorizing the agreement of such sale and award. Whereas notice of sale of $30,000 Dock Bonds of the City of Dubuque, in Dubuque County, Iowa, has here- tofore been given in strict com- pliance with the provision of Chap• ter 75 of the 1950 Code of Iowa, by publication of notice for two consecutive weeks in the Tele- graph•Herald, a newspaper of general circulation located in Du- buque, Iowa; and 344 Special Session, June 15th, 1951 Whereas after all sealed bids were received and placed on file, open bids were called for, the best of which was: Quail & Co. Daven- port, Iowa: Par and a premium of $250.00 together with accrued in• terest, and thereafter such sealed bids were opened, the substance of the best sealed bid being as fol- lows: No sealed bids filed: Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1, That upon being ad- vised in the premises it is hereby determined that the bid of Quail & Co., Davenport, Iowa, Par and a premium of $250.00 together with accrued interest for the purchase of Thirty thousand ($30,000) Dollars Dock Bonds as advertised, bearing interest at the rate of 2'h% per annum, is the highest and best bid received for said amount of bonds and that said bonds be and the same are hereby awarded to said Quail & Co., Davenport, Iowa. Section 2. That the form of agree- ment of sale of said bonds be and the same is hereby approved and the Mayor and City Clerk and City Treasurer are hereby.authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa and to affix the Corporate Seal of said City thereto. Introduced June 4th, 1951, Passed, adopted and approved June 15th, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, 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 Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 202-51 Resolution proposing a supple- mental estimate of taxes and re- pealing Resolution No. 158-51. Whereas the City Council of the City of Dubuque has been petition- ed by the Dock Board of said City to issue Dock Bonds in the amount of Thirty Thousand Dollars ($30,- 000)for the purpose of purchasing lands for dock purposes; and Whereas it is deemed advisable and necessary that the City of Du- buque, Dubuque County, Iowa pro- vide for the purchase of land for dock purposes, pursuant to the general plan for the improvement of the water front of said City, as requested by said petition and as permitted by Chapter 76 of the 1950 Code of Iowa, the cast where- of to the. amount of Thirty Thous- and Dollars ($30,000) is lawfully chargeable to and payable from a special fund created from the levy of special taxes as permitted and provided by Section 384.3 of the 1950 Code of Iowa; and Whereas it is advisable to certify to the County Auditor and to be caused to be collected such special taxes as permitted and provided for by said Section 384.3 of the 1950 Code of Iowa and to make provision for a supplemental esti- mate of said taxes for future years, pursuant to the provisions of Sec- tion 24.7 of the 1950 Code of Iowa; Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Resolution No. 158-51 is hereby repealed; Section 2, That a supplemental estimate for the levy of special taxes mentioned in the preamble hereof for each of the years 1951 to 1960, inclusive, be made as fol- lows: That in pursuance of Chapter 76 of the 1950 Code of Iowa, there shall be levied, assessed and col- lected adirect annual special tax upon all the taxable property with- in said City for each of the years 1951 to 1960, inclusive, sufficient to produce net annual sums as hereinafter provided; Section 3. Said taxes shall be col- lected each year at the same time and in the same manner and with and in addition to all other taxes in and for said City, and when collected shall be converted into a special fund; Section 4, That this Council meet on the 2nd day of July, 1951 at the City Hall within said City at 7:30 o'clock P.M., at which time Special Session, June 15th, 1951 345 and place any person subject to such tax shall be heard in favor of or against the same or any part thereof; Section. 5. That the Mayor and City Clerk are hereby directed to give notice of said supplemental estimate, setting forth the time when and the place where said hearing will be held, by publica- tion of at least ten (10) days be- fore said hearing in the Telegraph herald, a newspaper published and of general circulation in said City. Said notice shall be in substantial- ly the following form: "NOTICE OF SUPPLEMENTAL ESTIMATE The City Council of the City of Dubuque, Iowa, will meet on the 2nd day of July, 1951 at the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., at which time and place taxpapers will be heard for and against the following estimate and levy of special taxes for each of the years 1951 to 1960, inclu- sive, on all taxable property in said City. Said tax will not in any one ,year exceed the limit pre• scribed by Section 384.3.10 of the 1950 Code of Iowa, based on ex- isting property valuations, and the proceeds therefrom will be used to pay the principal and interest of bonds to be issued for the pur- pose of paying the purchase price of land to be acquired for dock purposes in and for said City as permitted and provided for in Section 384.3.11 of the 1950 Code of Iowa: Year of Year of Amount Levy Expenditures 1951 1952 $4087.50 1952 1953 $3637.50 1953 1954 $3562.50 1954 1955 $3487.50 1955 1956 $3412.50 1956 1937 $3337.50 1957 1958 $3262.50 1958 1959 $3187.50 1959 1960 $3112.50 1960 1961 $3037.50 By order of the City Council of the City of Dubuque, Iowa, ROMOLO N. RUS50, Mayor Attest: J. J, SHEA, City Clerk." r~ F~ Section 6. That the City Clerk is hereby directed to file verified proof of the publication of said notice in the office of the Auditor of Dubuque County. Section 7. That this Resolution be in force and effect immediate- ly upon its pasasge and approval. Passed and approved June 15th 1951 ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, 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 Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE NO. 29-51 An Ordinance amending Ordin- ance No. 25--51, being "An Ordin- ance authorizing the issuance of Thirty Thousand Dollars Dock Bonds and providing for the pay- ment of the same," by repealing Section 8 thereof and enacting a substitute therefor, and declaring an emergency, presented and read. Councilman Austin moved that the reading just had be considered the first reading of the ordinance. Second by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. 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 fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. 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. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. 4I'",~I f 346 Special Session, June 15th, 1951 ~ Special Session, June 15th, 1951 347 Communication of Robert L. Lar- son, Attorney General of Iowa, ex- tending invitation to have the Chief of Police or some member of the police force attend the fifteenth annual Peace Officers' Short Course to be held at Iowa City commencing June 25, 1951 presented and read. Councilman Kolb moved that the communication be referred to the City Manager for consideration and action. Seconded by Council• man Welu. Carried by the follow- ing vote: Yeas-Mayor. Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of County Audi• for Meloy submitting for Council consideration a copy of bid sub- mitted by Voelker Realty Company in the amount of $75.00 for the purchase of Lot Sub 1 of 2 of Sub 2 of M. L. 72 and Lot 1 of 10 of M. L. 73 and 2 of M. L. 74, pre- sented and read. Councilman Kolb moved that the communication be referred to the Council to view the grounds. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of J. A, Kerper, Secretary, Dubuque Chamber of Commerce, informing Council as to the position that the Chamber has taken in connection with the matter of daylight saving time for Du- buque, presented and read. Councilman Kolb moved that the communication be received and filed. .Seconded by Councilman Austin. Carried by the following vote- Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Petition of Frank Specht request- ing that a street light be installed on Valley Street half way between Southern Avenue and Quinn Street, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Katherine Hochberger requesting a refund in the amount of $100.00 on the unexpired por- tion of her Class "B" Beer Permit No. 147, as she has discontinued business on June 4, 1951, presented and read, Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $100,00 in favor of Katherine Hochberger to cover the amount of refund granted on the unexpired portion of her Class "B" Beer Permit No. 147, Seconded by Councilman Schueller. Carried by the following vote. Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of B. M. Graf and others requesting the vacation of that portion of the alley first west of St. Ambrose Street from Seminary Street southward to the first alley south of Seminary Street, with the understanding that the land in that portion of said alley shall revert to the owners of the abutting property, presented and read. Councilman Welu moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Dubuque Packing Company requesting the improve- ment of East 16th Street from the easterly line of Elm Street to the easterly line of Lynn Street by constructing a concrete pavement together with proper curbs and gutters and approaches to an across the railroad tracks of the Chicago Great Western Railway Company and the Chicago, Mil- waukee, St. Paul and Pacific Rail- road Company, presented and read. Councilman Austin moved that a plat and schedule be perpared for this improvement as requested by the petitioner. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 27-51 An Ordinance granting to Illinois Central Railroad Company permis- sion to change the location of a sidetrack in Shields Street between Dodge Street and Jones Streex, and granting the right to construct, use and maintain said sidetrack, said ordinance having been passed upon first reading on June 4, 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 N0. 27-51 An Ordinance granting to Illinois Central Railroad Company permis- sion to change the location of a sidetrack in Shields Street between Dodge Street and Jones Street, and granting the right to construct, use and maintain said sidetrack. Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the sidetrack of the Illinois Central Railroad Com- pany which was constructed in West Main Street (now named Shields Street) and between Dodge Street and Jones Street, pursuant to ordinance of the City of Du- buque adopted January 17, 1895, as appears on Page 361 of the Re- vised Ordinances of the City of Dubuque, Iowa, 1919, may be changed, reconstructed and relo- cated as hereinafter set forth, Section 2. That said track when changed shall be so laid that the center line of the relocated track shall conform to the following description: Beginning at a point on the centerline of Shields Street, which is the centerline of the existing Shields Street spur 74 feet northerly of the north line of Dodge Street, Thence in a north- westerly direction on a curve to the left having a radius of 537.14 feet 52.65 feet; thence in a north- westerly direction on a straight line 67.2 feet to a point which is 24,42 feet east of the west line of Shields Street as measured at right angles thereto; thence in a north- erly direction on a curve to the right having a radius of 537.14 feet a distance of 52.65 feet to a point 22 feet east of the west line of Shields Street as measured at right angles thereto; thence northerly parallel to and 22 feet east of the west line of Shields Street to a point which is the end of the re- located track and 4 feet south of the south line of Jones Street. Section 3. That said Illinois Central Railroad Company, its suc- cessors and assigns shall have the right to use and maintain said sidetrack at the location as herein- befare set out. Section 4. This ordinance shall be in force and effect ten days after its final passage, adoption and publication as provided by law. Passed upon first reading this 4th day of June, 1951. Passed upon final reading this 15th day of June, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J, SHEA, City Clerk. Published officially in the Tele- graph-Herald newspaper this 21st day of June, 1951, J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the ordinance, Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. 348 Special Session, June 15th, 1951 June 7, 1951 Honorable Mayor and Members of the City Council, City of Dubuque. Gentlemen: The petition of Earl Falk, et al, for the establishment of Daylight Savings time in the City of Du- buque has been referred to this office for recommendation and report. The power to establish stand- ards ~ of weights and measures is vested in the Congress of the United States by the U. S. Con- stitution. Congress has exercised that power by establishing stand• ands of time for the purposes of the movement of carriers in inter- state commerce, the operations of Federal offices, and all acts done under Federal laws or regulations. The U. S. Supreme Court has held that the power still remains in the States to fix standards of time for functions not covered by the Federal Act. The State of Iowa has never done this directly but it has been held in Jones v. German Insurance Co., 110 Iowa 75, that the legislature has indirectly fixed "sun time" as the standard time for the performance of legal duties in this State. This decision was entered in 1899 and I believe would be modified by the present Court but not in any manner that would add to the authority of the City. I have been unable to locate any Statute which vests the authority to establish standards of time in the City and in view of the fact that the State and Federal Gavern• went have exercised their author- ity in the matter I do not believe any such power may be implied to the City. It is further my recommendation, in agreement with my predeces- sors, that the petition be denied. Respectfully submitted. T. H. NELSON, Mr. Earl Falk addressed the Council in support of the petitions asking that Daylight Saving Time be established in the City of Du• buque. Councilman Austin moved that the recommendation of City Solic• itor Nelson be accepted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. June 13, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Kindly find attached original copy of Contract and Agreement between the City of Dubuque and Vernon and Maye Carris; also original copies of Easements across Lots 13 and 13A of Dubuque Homes Subdivision No. 2 granting per- mission to the City of Dubuque to construct the west Cherokee line sewer project. It is recommended that the con• tract and easements be received and made a matter of permanent record by the Council. Respectfully submitted, R. J. GALLAGHER, City Engineer. Councilman Kolb moved that the recommendation of City Engineer Gallagher be approved and that the Contract and Agreement and also Grants and Easements be made a matter of record and also that the Grants and Easements be re- corded with the County Recorder. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. CONTRACT AND AGREEMENT Whereas, the proposed assess- ment against Lot 13 and Lot 13A of Dubuque Homes Subdivision owned by Vernon W, and Maye C. Carris lying within the Simpson- Coates Street Sewer District for the construction of sanitary lateral sewers in said district is $447.75; and Whereas, the City of Dubuque is desirous of obtaining a grant of easement across each of said lots 13 and 13A for the purpose of con- structing and maintaining said sanitary lateral sewers; Now, Therefore, Be It Agreed between the City of Dubuque, ,~ 3 Special Session, June 15th, 1951 349 Iowa, party of the first part, and Vernon W. and Maye C. Carris, parties of the second part, as follows: 1, Parties of the second part agree to execute certain grants of easement, copies of which are at- tached hereto and by this reference made a part hereof, granting ease- ments in, over and across said lots 13 and 13A to the 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 $252.00 levied as the assessment against the said lots 13 and 13A lying within the Simp- son-Coates Street Sewer District far the construction of said sani- tary lateral sewers. 3, Parties of the second part agree to and do hereby waive any or all objection or defenses that may now or hereafter have against said assessment, the manner of its adoption and levy and the con- tract far the execution of the work, its manner of execution or adop- tion. 4. Party of the first part agree to pay the costs of recording said easements and of any other in- struments executed in connection with this agreement. 5. Parties of the second part agree to execute said grants of easement at the time of execution of this agreement. Executed this 8th day of June, 1951, CITY OF DUBUQUE, IOWA, Party of the First Part, By: L. J. SCHILTZ, City Manager. VERNON CARRIS, MAYE C, CARRIS, Parties of the Second Part 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 acknow- ledged, the undersigned being the owners of lot number 13 of Du- buque Homes Sub. No. 2 in the City of Dubuque, hereby grant and convey 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 the prolongation in a southerly direction of the centerline of the recorded easement located through the lots of Dubuque Homes Sub- division No. 2 lying northerly of said lot, to a point two hundred and twenty (220) feet southerly from the north line of said lot; thence a six (6) foot wide strip lying three (3) feet on either side of a line bearing south 43° east for a distance of fifty (50) feet to the intersection with the south line of said lot, for the purpose of constructing and maintaining an eight (8) inch vitrified file sanitary sewer line located in the easement first described and a twelve (12) inch vitrified file sani- tary sewer line located in the sec- ondly described easement with the right to go upon said premises at all reasonable times for the pur- pose of inspection and repairing the same when installed; provided, however, that said City of Du- buque shall replace whatever earth, sod, or shubbery that may be disturbed in the installation or repair of said eight (8) and twelve (12) inch sanitary sewer lines to as good condition as it was in be- fore the same was disturbed. This grant of easement shall be binding upon the undersigned, their heirs, executors, administra• tors, purchasers, and assigns for- ever. VERNON W. CARRIS MAYE C. CARRIS STATE OF IOWA ~ } SS. DUBUQUE COUNTY J Be it remembered that on this 1st day of June, 1591, personally appeared before me, a Notary Pub• lic, in and for Dubuque County, Iowa, Vernon W. Carris and Maye C. Carris, husband and wife, who are personally known to me and acknowledged that they executed the foregoing instrument as their voluntary act and deed. A. J. MHIM, Notary Public in and for Dubuque County, Iowa. My Commission expires July 4, 1951. 350 Special Session, June 15th, 1951 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 owners of lot number 13A of Du- buque Homes Subdivision No. 2 in the City of Dubuque, hereby grant and convey to said City of Dubuque a perpetual right of ease- ment, in, over, and across a six (6) foot wide strip of land lying three (3) feet on either side of a line beginning at a point on the north line of said lot located a distance of seventy (70) feet west of the northeast corner of said lot and running south 43° east for a distance of eighty (80) feet to the intersection with the east- erly line of said lot, for the pur- pose of constructing and maintain- ing atwelve (12) inch vitrified the sewer line with the right to go upon said premises at all rea- sonable times for the purpose of inspection and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod, or shrubbery that may be disturbed in the installation or repair of said twelve (12) inch sanitary sewer line to as good condition as it was in before the same was dis• turbed. This Grant of Easement shall be binding upon the undersigned, their heirs, executors, administra- tors, purchasers, and assigns for- ever, VERNON W. CARRIS MAYE C. CARRIS STATE OF IOWA ~ } SS. DUBUQUE COUNTY J Be it remembered that on this 1st day of June, 1419, personally appeared before me, a Notary Public, in and for Dubuque Coun- ty, Iowa, Vernon W. Carris and Maye C. Carris, husband and wife, who are personally known to me and acknowledged that they exe- cuted the foregoing instrument as their voluntary act and deed. A, J. MIHM, Notary Public in and for Dubuque County, Iowa. My Commission expires July 4, 1951. June 15, 1951. To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa. Gentlemen: In order to keep you informed regarding the latest developments in connection with the Mississippi River Parkway Sur• vey,the Planning and Zoning Com- mission respectfully submits the following report: (1) On April 27, 1951, Mr. Hart- zog advised Mr. Stanley W. Ab- bott, Landscape Architect, Missis• sippi River Parkway Survey, Na- tional Park Service, Arlington, Vir- ginia, of the recent action of Du- buque City Council (February 16, 1951) approving a Revised Master Plan for the City of Dubuque, and pointing out among other things, the proposed freeway (Peosta Highway) through the city from south to north and to the Wiscon• sin Bridge which would bypass, to the east, the downtown commer- cial district and, where practic- able, the industrial areas as well. "It would for a considerable dis- tance provide a varied view of river related activities." (2) Mr. Abbott's reply of May 8, 1951, expressed appreciation and "considerable interest" and "to become acquainted with it first-hand, we are asking Mr. Wal- lace A. Johnson, who is with us in the Upper Valley, to get in touch with the Planning and Zon- ing Commission about May 24th or 25th" (3) On May 25, 1951, Mr. Wal• lace A. Johnson and Mr. Frank Wall, Bureau of Public Roads, Washington, D. C., called and the Secretary accompanied them to the City Hall, where they met City Manager Schiltz and Mr. Bandy. The Revised Master Plan and General Highway System plat were viewed, studied and dis- cussed. They expressed pleasure at finding such a comprehensive plan available, .and requested cop- ies of same. These were promised for later delivery. Tn the afternoon these gentle- men were driven over the area, in- specting existing roads and pro- posed locations. Incidentally, up- on return to his car, Mr. Johnson pulled out his survey map and pro• ceeded to show thereon in special Special Session, June 15th, 1951 351 color the route from Balltown through Sherrill to Sageville, then past the John Deere plant to Peru Road, then over the hills to Roosevelt Road to Peosta High- way southward over the proposed eastern bypass to Rockdale. Ap• parently, up till this time a by- pass to the west of the city re• ceived exclusive consideration. Of course, no direct statements nor commitments were made, but we feel that these gentlemen were ~} . impressed with Dubuque's Compre- hensive Master Plan and the cor- dial reception accorded them en- route by the City Officials. Yours truly, DUBUQUE PLANNING AND ZONIlVG COMMISSION, Richard V. McKay, Secretary. Councilman Welu moved that the communication of the Plan• ning and Zoning Commission be received and made a matter of record. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. 3 Nays-None. June 15, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The street program in the city is being slowed down due to the inadequate equipment we now have on hand. Also, dur- ing times of removing snow it is necessary that the city spend con- e siderable money for the rental of motor patrols to windrow the snow preliminary to loading and hauling away in trucks. We are also very much in need • of equipment to properly take care of the city dumps and still have ;~ equipment needed for street repair work. I recommend that the Council advertise for bids on one motor patrol and one end loader, speci- fications for which can be worked out by the City Manager and Street Commissioner. Respectfully Submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. June 15, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: It is my recommen- dation that the City Council au- thorize the advertising for bids on a new 1,250 GPM pumping engine to take the place of the present Engine No. 3 stationed at Fire Headquarters. Engine No.3 would then be used as a reserve engine to take the place of the present reserve en- gines which are 27 and 29 years old respectively. It will take approximately twelve months to obtain delivery on these engines. Respectfully submitted, L. J. SCHII,TZ, City Manager. Councilman Kolb moved that the recommendation of City Man• ager Schiltz be adapted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. June 15, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Midland Laboratories and Emily P. Stampfer asking that the Rlinois Central Railroad Company be granted permission to relocate the side track on Shields Street was referred to the Council to view the grounds. The Council having viewed the grounds decided to grant permis• lion for moving the tracks. I rec- ommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. 352 Special Session, June 15th, 1951 June 15, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Charles Kerstein asking that the stone curbing in front of his pro• perty at 2190 Roosevelt be re- stored was referred to the Council to view the grounds. The premises having been in- spected, it was concluded that the curb should be constructed, I rec- ommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHII,TZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, June 15, 1951. To the Honorable Mayor and City Council, Dubuque; Iowa. Gentlemen: The verbal request of the Dubuque Packing Company for the installation of street lights has been referred to me for report. I recommend that three lights be placed on Sixteenth Street, one in the alley between Pine and Maple, between Maple and Cedar, and one between Cedar and Sycamore Streets. I also recommend that a street light be placed at the corner of Whittier Street and Lincoln Ave- nue because of its location to the school in that vicinity. Respectfully submitted, L. J. 5CHII,TZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. June 15, 1951 To the Honorable Mayor and City Council, Dubuuqe, Iowa. Gentlemen: The petition of the Great Atlantic & Pacific Tea Com- pony asking for relief of the park- ing situation in .the vicinity of Eleventh Street and Central Ave- nue was referred to the City Man- ager for consideration and report. I have had this situation investi- gated and find that approximately 7,500 people use this area per week. The area is used by long term porkers and the parking turnover by customers coming into this area is entirely inadequate. This area is unmetered which makes it difficult to enforce park- ing regulations, I recommend that the metered area be extended to include both sides of Central Avenue between Tenth and Twelfth Streets and that parking be restricted to one hour on Eleventh Street between Iowa and White Streets. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved and proper proceedings prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. June 15, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Fin- ley Hospital requesting the city to pave portions of Allison Place was referred to the City Manager. Finley Hospital asks that the city widen Allison Place from Delhi Street south to the Nurses' Home and provide an additional 16 feet of width to allow for diagonal parking. Finley Hospital would construct all curbs, gutters and sidewalks along their property, and I recom- mend that after Finley Hospital dedicates the property to the city for widening of Allison Place that the city pave with the same type of surface as is now on Allison Place the additional pavement for widen- ing. Respectfully submitted, L. J. SCHILTZ, City Manager :~ ,~ Special Session, June 15th, 1951 353 Councilman Austin moved that the recommendation of City Man• ager Schiltz be adopted. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. June 15, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The City of Dubuque has entered into an agreement with Bartels and McMahan rela• tive to the preliminary engineer- ing on the Lake Peosta Sewer Pro- ject. Ihave learned through a representative of the General Ser- vices Administration that applica- tions for applications for advance of Federal funds for plan prepara• tion are being accepted until June 29th. I, therefore, recommend that an application be submitted for this work. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 203-51 A Resolution authorizing filing of application with the United States of America for an advance to provide for the advance plan~ Wing of non-Federal public works under the terms of Public Law 352, 81st Congress of the United States, approved October 13, 1949. Whereas, the City of Dubuque, Iowa, herein called the "appli- cant;' after thorough considera- tion of the various aspects of the problem and study of available data has hereby determined that the construction of certain public works, generally described as Lake Peosta Sewer Improvement, is de- sirable and in the public interest and to that end it is necessary that action preliminary to the construc- tion of said works be taken im- mediately; and Whereas, under the terms of Public Law 352, 81st Congress, approved October 13, 1949, the United States of America has au- thorized the making of advances to public bodies to aid in defray- ing the cost of architectural, en- gineering, and economic investiga- tions and studies, surveys, designs, plans, working drawings, specifi- cations, procedures, and other ac- tion preliminary to the construc- tion of public works (exclusive of housing); and Whereas, .the applicant has ex- amined and duly considered such act and the applicant considers it to be in the public interest and to its benefit to file an application under said act and to authorize other action in connection there- with; Now; Therefore, Be It Resolved by The City Council of the City of Dubuuqe, Iowa, the governing body of said applicant, as follows; 1, That the construction of said public works is essential to and is to the best interests of the appli• cant, and to the end that such public works may be provided as promptly as practicable it is desir- able that action preliminary to the conttruction thereof be under- taken immediately; 2. That L. J. Schiltz, City Man- ager, be hereby authorized to file in behalf of the application an application (in form required by the United States and in conform- ity with said act) for an advance to be made by the United States to the applicant to aid in defraying the planning cost preliminary to the construction of such public works, which shall consist general- ly of improvement to Lake Peosta Channel including dredging and filling and construction of new bridge over new channel. 3. That if such advance be made the applicant shall provide or make necessary arrangements to provide such funds, in addition to the advance, as may be required to defray the cost of such action preliminary to the construction of the public works; 4. The said representative is hereby authorised to furnish such information and take such other ,a 354 Special Session, June 15th, 1951 action as may be necessary to en- able the applicant to qualify for the advance; 5. That the officer designated in the preceding paragraph is hereby designated as the authorized repre- sentative of the applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the application for an advance as may be required; and otherwise to act as the authorized representa- tive of the applicant in connection with this application. 6. That certified copies of this resolution be included as part of the application for an advance to be submitted to the United States. Passed, adopted and approved this 15th day of June, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Welu moved to ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SH)EA, City Clerk Approved ............... 1951 Adopted ................. 1951 Attest : ...................... Special Session, City Council (OFFICIAL} Special Session, June 22nd, 1951. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu, I City Manager Schiltz. Meeting called by order of Coun- cilmen Welu and Kolb. Mayor Russo read the call and i stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adoption Resolution No. 201-51, a resolu- tion providing for the sale and i award of $210,000 Sewer Bonds and also for final adoption of Or- dinance No. 28-51, an ordinance authorizing the issuance of $210,- 000 Sewer Bonds and providing for the levy of taxes to pay the j same and acting on any other j business as may properly come be- fore a regular meeting of the City i Council. RESOLUTION N0. 201-51 Resolution providing for the sale and award of $210,000 Sewer Bonds j and approving and authorizing the agreement of such sale and award. i Whereas notice of sale of Two Hundred Ten Thousand Dollars ($21Q000) Sewer Bonds of the City of Dubuque, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa, by publication of notice for two or more succes- sive weeks in a newspaper pub• lished and of general circulation in Dubuque County, Iowa; and Whereas all sealed bids have been received and placed on file, after which open bids were called for and received as follows: Harris Trust & Savings Bank, Chicago, Ill., Iowa-Des Moines National Bank, Des Moines, Iowa, The White-Phillips Co. Inc., Davenport, Iowa; and thereafter such sealed bids were opened, the substance of the best bid being as follows: No sealed bids filed. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad• vised in the premises it is hereby determined that the bid of Harris June 22nd, 1951 355 Ill., Iowa -Des Moines National Bank, Des Moines, Iowa, The White•Phillips Co. Inc., Davenport, Iowa, for the purchase of $210,000 Sewer Bonds, as advertised, bear- ing interest at the rate of one and three-quarters per cent (1~) per annum, is the highest and best bid received and that said bonds be and the same are hereby award- ed to said Harris Trust & Savings Bank, Chicago, Ill., Iowa -Des Moines National Bank, Des Moines, Iowa, The White-Phillips Co. Inc., Davenport, Iowa, Section 2. That the form of agreement of sale of said bonds to Harris Trust & Savings Bank, Chi- cago, Ill,, Iowa-Des Moines Nation- al Bank, Des Moines, Iowa, The White•Phillips Co. Inc,, Davenport, Iowa, be and the same is hereby approved, .and the Mayor, City Clerk and City Treasurer are here- by authorized to execute said agreement for and on behalf of said City, and to affix the cor- porate seal of said City thereto, Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are here- by repealed. Introduced June 15,.1951. Passed and approved June 22, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: J. J. SHEA, City Clerk. Recorded June 22, 1951, J. J. Shea, City Clerk Councilman Welu moved the adoption of the resolution, Second• ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 28-51 An Ordinance authorizing the issuance of $210,000 Sewer Bonds and providing for the levy of taxes to pay the same, said ordinance having been introduced on June i5, 1951 and placed on file for public inspection pendine final _. 1' 356 Special Session, June 22nd, 1951 ORDINANCE N0. 28.51 AN ORDINANCE authorizing the is- suance of $210,000 Sewer Bonds and providing for the levy of taxes to pay the same. Whereas the City of Dubuque, 1n the County of Dubuque, State of Iowa, heretofore, pursuant to and in strict compliance with all laws applicable, lawfully provided for constructing sewers in and for said City, the cost whereof is to be paid by said City by the issuance of honds; and Whereas it is necessary and advis- able that provisions be made for the. issuance at this i.ime of such bonds to the amount of $210,000 to defray the cost oY constructing such sewers; and Whereas notice and hearing on the initiation of proceedings for the is- suance of such bonds for the purpose aforesaid has heretofore been given In manner and farm required by Sec- tion 23.12 of the Code of Iowa and no petition nor protest has been filed; Now, Therefore, Be It Ordained by the City Council of the City of Du- buque, as follows: Section 1. That pursuant to and as permitted by Section 396.22 of the Code of Iowa there shall be and there is hereby authorized to be is• sued the negotiahle Sewer Bonds oP said City of Dubuque in the prin- cipal amount of $210,000, said bonds to be two hundred ten in number, numbered consecutively 1 to 210, in- clusive, of the denomination of $1000; that said bonds be signed by the Mayor and attested by the City Clerk and the seal of said City affixed, and be registered as to issuance by the City Treasurer and a certificate of such registration endorsed thereon; that interest on said bonds be evi- denced by coupons thereto attached and maturing on the several days when such interest matures, which coupons shall be executed with the facsimile signatures of said of- ficials, and said Mayor and City Clerk by the execution of said honds, shall adopt as and for their proper signatures their respective facsimile signatures appearing on said coupons, and that both principal and interest be payable in lawful money of the United States of America at the of- fice oY the City Treasurer in and of the City of Dubuque, Iowa. That said honds shall mature in numerical order $20,000 on November 1 of each of the $25,000 onSNovember~l ofceacheoi the years 1960 and 1961, shall be dated June 1, 1951, and shall bear interest at the rate of one and three-quarters per cent (13'4%) per annum from the date of said bonds until paid, payable November 1, 1951, and semi-annually thereafter on the first days of May and November in each year. Section 2. That each of said bonds shall be subject to registration as to principal in the name oY the holder on the books of the City Treasurer, such registration being noted upon each bond so registered, and after such reg[stration payment of the principal thereof shall be made only to the registered holder. Any bonds so registered, upon the request in writing of such holder, personally or by attorney in fact, may be trans- ferred either to a designated trans- feree or to bearer, and the principal of any bands so transferred and reg- istered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not re- strain the negotiability of the coupons thereto attached by delivery merely. Section 3. That said bonds, coupons and Provisions far registration be in subatantlally the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE SEWER BOND No. $1000 KNOW ALL MEN BY THESE PRESENTS that the City of Dubuque, in the County of Dubuque and State of Iowa, f'or value received, promises to pay to bearer, or if this bond be registered as to principal, to the reg- istered holder hereof, the sum of One Thousand Dollars ($1000) en the first day of November, 19-, with interest on said sum from the date hereof 'until paid at the rate of one and three 9uarters per cent (1~4%) per annum, payable November 1, 1951, and semiannually thereafter on the first days o[ May and November in each year,. on presentation and sur- render of the interest coupons hereto attached as they severally mature. Bath prlnclpa] and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond la issued by the City of Dubuque pursuant to and in atr(ct compliance with the provisions of Section 396.22 and Chapter 76 of the Code of Iowa, and al] laws amenda- tory thereof and aupAlementary there- to, and in conformity with an ordi- nance of the City Council 04 said City duly passed, approved and pub- lished Por the purpose of construct- ing sewers in and for said city, And it ie hereby certified and re- cited that all acts, conditions and thinga required by the laws and con- stitution of the State of Iowa to exist, to be had, to be done, or to be performed precedent to and in the issue of this bond, were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continu- ing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respec- flvely become due; that the faith, credit, revenues and resources and all the real and personal property of said Clty are irrevocably pledged for the prompt payment hereof, both principal and interest, and that the total indebtedness of said City, in- cluding this bond, does not exceed any constitutional or statutory lim- itations. This bond is subject to registration as to principal in the name of the holder on the books of the City Treas- urer of said City, such registration to he evidenced by notation of said Treasurer on the back hereof, and after such registration no transfer herenP, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached which shall continue negotiable by delivery merely. .a i ~} Special Session, June 22nd, 1951 357 iN WITNESS WHEREOF, said City, by its City Council, has caused this band to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be exe• toted with the facsimile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper signatures their respective facsimile signatures appearing on said coupons, al] ilia first day of June, 1951. on all the taxable property to said City the following direct annual tax, to-wit: Year of Levy Amount 1951 .................. .............. _.$25,207 1952 ..................... ..... ........... 23,325 1953 ......_ ............. ............. 22,975 1954 ...................... .............. 22, 625 1955 ..... ............... ............... 22,275 1956 ....................... .............. 21, 925 1957 ._..........__ ...... ............. 21,575 1958 ...................... ................ 21, 225 1959 ....................... .............. 25, 875 1960 ......._ ..... ...... .............._ 25,438 Mayor of the City of Dubuque, Iowa Attest: Clerk of the City of Dubuque, Iowa (FORM OF COUPON) No. - On -1, '19-, the rreasurer of the City of Dubuque, Iowa, will pay to bearer Dollars (° ) at the offce of the City Treasurer, Dubuque, Iowa, for interest due that day on its Sewer Bond, dated June 1, ]951, Number -. Attest: Mayor. City Clerk. (Form for Registration of Ownership) Date Name of Signature of Registered of Clty Registration Owner Treasurer On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: State of Iowa i City ss Treasurer's County of Dubuque ~ Crrtiflcate The issue of this nnnd has been duly and properly registered in my office as of the first day of June, 1951. Treasurer of the City of Dubuque, Iowa. Section 4. That said bonds, as herein authorized, be executed as herein provided as soon after the adoption oY this ordinance as may be, and thereupon they shall be de- livered to the Treasurer of said City who shall register the fact of the issuance of same in a book provided for that purpose and shah deliver said bonds to the purchaser, as de- termined by this Council, upon re- ceipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon, and al] action heretofore taken in connection with the sale of said bonds is hereby ratified and con- firmed in all respects. Section 5. That as required by Section 76.2 of the Coda of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest nn said bonds as such interest falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby ordered levied upon all the taxable property in said City in each of the years while said bonds or any of them are outstand- ing, a tax sufficient for that pur- pose, and in furtherance of [his pro- vision, but not in limitation thereof, there be and there is hereby levied Said taxes when collected shat] be converted into a special fund far the payment of principal and interest of the bonds hereby authorized and for no other purpose whatsoever. That the principal or interest coming due at any time when there are insuf- ficient funds on hand to Pay the same be promptly paid when due from cur- rent funds on hand and reimburse- ment be made to such current funds in the snms thus advanced when the taxes herein provided shat! have been collected. Section 6. That a caatifled copy of this ordinance be ftleh with the County Auditor of Dubuque County and that said County Auditot be and he is hereby instructed in and Por each of the years 1951 to 1960, in- clusive, to enter for collection and assess the tax hereby ordered. Section 7. That al] ordinances and resolutions, or parts thereof in con- flict herewith be and the same are hereby repealed. Introduced June 15, 195?. Passed and approved June 22, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: Councilmen. J. J. Shea, City Clerk. Recorded June 22, 1951. Published June 25, 1951 J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newapapar this 26th day of June, 1951. J. J. SHEA, 1tJun225 City Clerk. Councilman Welu moved that the rules requiring an ordinance to be read an thl•ee separate days be suspended and that said or- dinance be noly placed on its final adoption. Seconded by Councilman Kolb. Carried by the following Vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman 4Velu moved that said ordinance be adopted. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. 358 Special Session, June 22nd, 1951 (Awarding Contract) RESOLUTION N0. 200-51 Whereas, proposals have been submitted by contractors for the construction of Storm Relief Sew- er. Section B-Eighth Street Storm Relief Sewer. Said proposed sew- er to be located as follows: Be- ginning at the intersection of Lake Peosta slough and the prolonga- tion of East Eighth Street Extend• ed; thence westerly along the pro- longation of East Eighth Street Ex• tended and of East Eighth Street to the east property line of White Street pursuant to Resolution No. 85-51 and Larson Construction Company, Dubuque, Iowa, contrac- tor, has submitted .the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun• cil of the City of .Dubuque that the contract for the above men- tioned improvement be awarded to Larson Construction Company, Dubuque, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Furthermore Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on June 15th, 1951. Passed and adopted this 22nd day of June, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V, AUSTIN, LEE N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Mrs. Anna Lange in the amount of $100.00 for injuries received in a fall on city owned property at East 10th Street which was not blocked off at the time, presented and read. Councilman Kolb moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Austin. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. June 19, 1951 To the Honorable Mayor and Members of Dubuque City Council. Gentlemen: The Dubuque Coun- ty Dental Society at it's regular monthly meeting, June 11, 1951, recommended that the Dubuque City Council, be commended far its speedy action in approving the fluoridation of the city water supply in an effort to reduce the amount of tooth decay in the pop• ulation of Dubuque, as approved by the American Dental Society, U. S. Public Health Service, State Dept. of Health, and State, and District, and County Dental So- cieties. Respectfully submitted, DR. JOHN A. LINK, Sec. Treas. Councilman Kolb moved that the communication be received and made a matter of record. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Herman G. and Alice S. Gaines submitting offer in the amount of $200.00 for the purchase of 10 feet of ground on the north side of the lot on the corner of Morningview Road and Hillcrest Road, presented and read. Councilman Kalb moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. Petition of J. A. Sunseri and others requesting the installation of a street light at the foot of Lawndale, presented and read, Councilman Welu moved that the petition be referred to the Special Session; June 22nd, 1951 359 City Manager and Electrical In- Spector for recommendation and.. report. Seconded by Councilman Schueller: Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. :.:; -, Petition of R. J. Gantenbein and others, property owners abutting on the alley located first east of Concord Street running from Mari- on Street to a point approximately 100 feet south, requesting the va- cation of that portion of said alley, presented and read. Mayor Russo moved that the petition be referred to the Plan- ning and Zoning Commission for recommendation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 30-51 An Ordinance amending Ordi- nance No. 33-49 being the Traf- fic Code of the City of Dubuque by repealing Subsection 'e' of Sec- tIon 1 of Schedule LV; subsection 'I' of Section 2 of Schedule LV; and, subsection 'a' of Schedule V thereof and enacting substitutes ' therefor; and adding a new sub- section to Schedule VL thereof; and providing for a penalty for the violation thereof, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman. Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the ordinance be placed on file with the City Clerk for public in• spection for at least one week bey fore its final adoption. Seconded' by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. June 18, 1951. To the Honorable Mayor and City Council, Dubuque, .Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of May, 1951; also list of claims and list of payrolls for the month of May, 1951. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the reports be received and placed on file. Seconded by Councilman Koib. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. June 22, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Commission respectfully recommends denial of the attached petition of Kathryn Cooper and others as presented, and instead recommends the rezoning. of a larger area to multiple residence classification as follows: The Area bounded by Bluff Street, Hill Street, Eighth Ave- nue and: on West Fifth Street; some of this area is presently mul- tiple family residence district. This action will accommodate the Cooper situation as to Multiple Residence use of .their property is concerned, and provide for erec- tion of new apartments and con- version of larger homes in the area to multiple residence use. Yours tivly, DUBUQUE PLANNING AND ZONING COMMISSION, R. V. McKay, Secretary: Councilman Austin moved that the recommendlation of the Plan- ning and Zoning Commission be accepted and proper proceedings prepared. Seconded by Council- 360 Special Session, June 22nd, 1951 man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueler, Welu. Nays-None. June 22, 1951. To the Honorable Mayor and. City- Council, Dubuque, Iowa. Gentlemen, Referring to at• tacked joint petition of Internation- al Harvester Company and Cres• cent Realty Company requesting vacation of Charter Street between the easterly line of South Main Street and the westerly line ex• tended of the Chicago, Milwau• kee, St. Paul and Pacific Railroad right-of-way and referred to the Planning and Zoning Commission by your Honorable Body, June 4, 1951, the Planning and Zoning Commission respectfully recom- mends the granting of the petition. The importance of this dead end street in serving the properties of the two petitioner industries mer- its sympathetic consideration, while any thought of opening it up for traffic presents numerous hazard- ous problems. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION, R. V. McKay, Secretary. Councilman Kolb moved that the recommendation of the Plan• Wing and Zoning Commission be adopted. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE 31-51. An Ordinance for the vacation of that part of Charter Street ly- ing between the easterly line of South Main Street and the wester- ly line extended of the right-of- way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Com- pany, and providing for the con- veyance of the northerly half of said street as vacated to the In• ternational Harvester Company, and the southerly half thereof to the Crescent Realty Corporation, presented and read. Councilman Kolb 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 Russo, Councilmen. Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun• Gilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueler, Welu. Nays-None. Councilman Kolb moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 204-51 Whereas, Ordinance No. 31-51 providing for the vacation of a portion of Charter Street and the. conveyance of the same to the abutting property owners has been introduced in the City Council of the City of Dubuque, Iowa; and; Whereas, before any proposal to dispose of the real estate of the City of Dubuque may be acted up- on, public notice thereof must be given; Now Therefore Be It Resolved By the City Council of the City of Dubuque, Iowa: That Ordinance No. 31-51 pro viding for the vacation of a por- tion of Charter Street and the conveyance of the same to the abutting property owners be set down for hearing at a meeting of the City Council. of the City of Dubuque to be held at 7,30 o'clock p.m. on the 16th day of July, 1951, in the City Council Cham- ber in the .City Hall, Dubuque, Iowa, at which time and place all interested parties will be heard on said proposed ordinance. 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 hear- ing the same to be so published once each week for two consecu- Special Session, June 22nd, 1951 361 ~~ °~} tive weeks the last of which pub- lication shall be not less than ten days prior to the date set for said meeting, and that said notice shall contain among other things the provision that any and all parties in interest shall have an oppor- tunity to be heard. Passed adopted and approved this 22nd day of June, 1951. ROMOLO N. ftUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. June 22,1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On behalf of the Playground and Recreation Com- mission, plans and specifications of a Utility Building for the Allison- Henderson Memorial Park, are sub- mitted for your approval. This Utility Building was decid- ed upon by the Commission mem- bers at a meeting June 1, 1950. The plans and specifications were then prepared by the architectural firm of Durrant and Bergquist. Be• fore construction could be ar• ranged, the National Production Authority issued order M-4 pro• hibiting the erection of any type of structure which is allied with ' recreation, however, under date of June 14, 1951, permission for the erection of this building was grant- .. ed. Under the approval as grant- ed, construction must be com- menced within sixty days. ', It is the feeling of the Recrea- tion Commission that the erection of this Utility Building will be in the best interests of the City and will be for the betterment of the citizenry. Your honorable body is respect- fully petitioned to give this matter your attention, that if it meets with your approval this structure can become a reality. Respectfully Submitted in be• half of the Playground and Recreation Commission, By N, J. SUTTON. "Councilman Austin moved that the communication be received and made a matter of record. Sec- onded by Councilman Kolb. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 205-51 Preliminary approval of plans, specifications, form of contract and all other documents for the construction of utility building for Allison-Henderson Memorial Park, estimated cost $40,000.00, presented and read. Councilman Austin moved the adoption of the, resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 206-51 Whereas, proposed plans, speci- fications and form of contract have been. duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things an estimate of cost for the construc- tion of a Utility Building for the Allison-Henderson Memorial Park. Be It Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the hereto mentioned improvement, and un- less property owners have objec• tions on file with the City Clerk to the amount of the proposed cost of improvemets, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be constructed and done in accordance with the plans and specifications which have been pre- pared by Durrant and Bergquist, Architects, Dubuque, Iowa, which have been approved by the City Council and are no on file with the City Clerk. That the cost and ex- pense of making said improvement will be paid out of the Playground 362 Special Session, June 22nd, 1951 Improvement Fund when a con- tract has been performed and ac• cepted. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of June, 1951. Councilman Schueller moved that the resolution be approved and placed on file for final action. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen P.ustin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 207-51 Whereas, the City Council of the City of Dubuque, Iowa has by Resolution No. 205-51 given its preliminary approval of the pro- posed plans, specifications and form of contract and placed the same on file in the office of the City Clerk for public inspection for the construction of a Utility Building for the Allison•Henderson Memorial Park: Now, Therefore, Be It Resolved that on the 16th day of July, 1951 a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City Hall at which time and place and all persons interested may appear and make objection to the proposed plans, specifications, contract for or cost of the improvement. Be It Further Resolved that the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in the official news- paper at least ten days before said hearing at which hearing the Council will hear any objections and any evidence for or against the same and enter of record its de- cisions thereon. Passed, adopted and approved this 22nd day of June, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 206-51 Be It Resolved by the City Council of the City of Dubuque, Iowa that pursuant to Resolution No. 207-51 which was duly passed by this Council providing for the construction of a Utility Building for the Allison-Henderson Memor- ial Park be and the same are here- by ordered constructed by this Council upon its own motion. All the work shall be constructed ac- cording to the plans, and specifica- tions heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of making said improvements shall be paid for out of the Playground Improve- ment Fund. 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 improvement herein pro- vided for in the manner provided by law and said improvements shall be completed within .150 calendar days after date of con- tract. Be It Further Resolved that this Resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its adoption by the City Council. 'Passed, adopted and approved this 22nd day of June, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P, WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Ceerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb Schueller, Welu. `Nays-None. ~~ Special Session, June 22nd, 1951 363 RESOLUTION N0. 209-St Whereas the Planning and Zon- ing Commission has filed a report recommending the approval of the petition of Giunta Bros. asking the rezoning from Single Family Resi- dence District to Light Industrial District Classification of Lot 2 of Subdivision of Lot 1 Heim in the City of Dubuque, Iowa; 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: That there shall be a public hear- ing on the question of extending the present Light Industrial Dis- trict to include Lot 2 of Lot 1 of Heim Subdivision in the City of Dubuque, Iowa. That the time and place of said hearing be and the same is here- by fixed for 7:30 o'clock P.M. on the 16th day of July, 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 hear- ing, the same to be so published so as to leave not less than fifteen days between the day of such pub- lication and 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 22nd day of June, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec• onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. June 22, 1951 Mr. L. J, Schiltz, City Manager, Dubuque, Iowa, Dear Sir: In compliance with the instruc- tions of the City Council, the Engineering Department has pre- pared preliminary plans and esti- mates for the construction of a storm water dentention reservoir to be located in the area adjacent to the inlet of the present B Branch sewer on 32nd Street. A resume of our investigation follows: A. DESIGN CONSIDERATIONS. Data Taken from Consoer Survey. Runoff from 32nd Street valley- 915 cfs. Assumed storm duration of 1 hr.- 24,705,000 G/hr. Approximate reservoir capacity with maximum water level at 640.00-19,000,000 Gals. Required capacity of existing B Branch at critical section, (Assuming 100% detention at inlet)-315 cfs. Actual capacity at critical section -356 cfs. Net excess capacity at critical sec- tion---41 cfs. Allowing excess capacity to equal discharge of constant flow cul- vert for lhour-1,107,000 Gals. (36" c pipe on 0.4% grade will satisfy). Net capacity of reservoir-20,107; 000 Gals. Propose 60" auxiliary pipe cul• vert on 1% grade equipped with manually operated sluice gate to allow rapid drainage of reservoir after local drainage has been ac- commodated. The 60" on 1% plus the 36" on 0.4% will approximately equal the capacity of critical sec- tion of existing B Branch. This 60" culvert will noramlly remain closed. B, ESTIMATE OF COST. Reservoir excavation - 70,400 Cu. Yds, at $0.50, $35,200.00, Road Grading-12,000 Cu. Yds. at $1.00, $12,000.00. "~~ 364 Special Session, June 22nd, 1951 Road surfacing-5,000 Sq. Yds. at $1,50, $7,500.00. Property acquisition-12 Acres at $1,000.00, $12,000.00. Berm construction-5,000 Cu. Yds. at $1.00, $5,000.00. 36" culvert construction-100 Lin. Ft, at $10.00, $1,000.00. Concrete overflow spillway - 100 Cu. Yds. at $75.00, $7,500.00. Cyclone fencing-1,500 Lin. Ft. at $4.00, $6,000.00, Retaining wall-200 Lin, Ft. at $150.00, $30,000.00. Seeding berms-1.5 Acres at $100: 00, $150.00. 60" Auxiliary discharge line-100 Lin. Ft. at $50.00, $5,000.00. Sluice gate and housing-1 Lump, $2,500.00. Total Estimated Cost-$123,850.00 Engineering, administration, In• spection and contingencies 10%, $12,385.00. Total Cost .......... $136,235.00 Your attention is invited to the fact that the foregoing estimate is based on preliminary suveys and design calculations only and will be subject to refinement as such time as detail surveys are made and design drawings are prepared. In the considered judgment of the writer and assistant engineer, such a project will correct the present drainage condition to a degree of upwards of 90% at a cost of approximately 5% of the solution proposed by Consoer, Townsend and Associates for re• lief of the B Branch. Respectfully submitted, R. J. GALLAGHER, City Engineer. Councilman Austin moved that the report and recommendation of City Engineer Gallagher be ac• cepted and proper proceedings prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Councilman Welu moved that Mr. Al Didesch be appointed as a member of the Board of Trustees of the Public Library for a term of six years, said term expiring duly 1, 1957. Seconded by Council- man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that Mr. Frank P. Delany be appointed as a member of the Dubuque Park Board to fill the vacancy caused by the resignation of Mr. Waldo Adams. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Schueller moved to adjourn. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved ................ 1951 Adopted ................. 1951 I Councihnen: j .................................. Attest :............... City Clert. Special Session, June 28th, 1951 365 City Council (OFFICIAL.) Special Session, June 28th, 1951. Council met at 4:00 P.M. Present-Mayor Russo, Council- men Kolb and Welu. City Manager Schiltz. ' Absent-Councilmen Austin and Schueller. ~.; Meeting called by order of Councilman Welu and Kolb. Mayor Russo read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering for adoption resolu- tions directing the issuance of beer and cigarette permits and acting on any other business as may properly came before a regular meeting of the City Council. RESOLUTION N0. 210-51 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 "B" PERMIT Andrew D. Karigan, 720 Main Street. Mrs. Dorothy Blum, 2412 Central Avenue. Daniel McDonald and Loretta McDonald, 216 West 1st Street. Melvin H. Maas, 700 East 16th ' Street. Albert M, Meyer and Alma M. Meyer, 779 Iowa Street. William Savory and Viola Savory, 827 Dodgo Street. Helen Steffen, 1048 Central Avenue. Walter Mengis and Joseph F. Shannon, 1618 Central Avenue. George Westercamp, 1399 Jack- son Street. Paul A. Leonard, 239 West 6th Street. Harry A, Rawson and Grace Rawson, 342 Main Street. Mike Sand and Marie Sand, 2498 Central Avenue. Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue. Klauer-Julien Hotel Company, 2nd & Main Streets. John Meisenburg, 450 West Locust Street. Noah W. McNamer, 176 Locust Street. Frank Sand and Elsie Sand, 2364 Washington Street. Clarence C. Buelow, 1555 So. Grandview Avenue. Harold A. Cosley and Mrs. Mar• garet Cosley, 1121 University Avenue. George Lanser and Helen Lanser, 3165 Central Avenue. William E. Wodrich, 1101 Rhom• berg Avenue. George J. Zillig, 234 West 9th Street. George Kanavas,1689 Elm Street. James P. Kachevas, 493 Main Street. Joseph L. Wingert and Josephine Wingert, 400 Rhomberg Avenue. John J. Haley, 1298 Main Street. Donald C. Moss, 698 Central Avenue, Cletus N, Pauly; 1255 Central Avenue. Frank Klein and Anna Klein,, 600 Central Avenue. Anton Fortman Company, 253 Main Street. Kathryn Peed and Raymond G. Wunder, 1006 Central Avenue. Wm, Van der Meulen and Sophie McMann, 2327 Central Avenue, John M, Thompson and Clarence E. Thompson, 210 West 1st Street. Fred Herber and Annabelle Her- ber, 2108 Central Avenue. John E. Leiser, 29 Eighth Ave- nue. Charles S. Dugan, 390 East 12th Street.. Genevieve Sullivan, 62 Locust Street. Melvin J. Schroeder, 678 Central Avenue. !~ 1 ~°I i ,p ,~ d 366 Special Session, June 28th, 1951 '' ~~ Special Session, June 28th, 1951 367 CLASS "B" PERMIT FOR PRIVATE CLUB Fraternal Order of Orioles, Du• buque Nest No. 11, 16th and Cen- tral Avenue. The American Legion, Dubuque Post Na. 6, 290 West 4th Street. Veterans of Foreign Wars, Inc,, Leo A. Schwind Post No. 508, 1031 Main Street. Fraternal Order of Eagles, Aerie No. 568, 6th and Locust Streets. Dubuque Cycle Club, 720 Iowa Street. Benevolent & Protective Order of Elks, Dubuque Lodge No. 297, N. W. Corner 7th & Locust Streets. RESOLUTION N0. 211-51 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; Whereas, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT Andrew D. Karigan, 720 Main Street. Mrs. Dorothy Blum, 2412 Central Avenue. Daniel McDonald and Loretta McDonald, 216 West 1st Street. Melvin H. Maas, 700 East 16th Street. Albert M. Meyer and Alma M. Meyer, 779 Iowa Street. William Savory and Viola Savory, 827 Dodge Street. Helen Steffen, 1046 Central Ave- nue. Walter Mengis and Joseph F. Shannon, 1618 Central Avenue. George Westercamp, 1399 Jack- son Street. Paul A. Leonard, 239 West 6th Street. Harry A. Rawson and Grace Rawson, 342 Main Street. Mike Sand and Marie Sand, 2498 Central Avenue. Frank H. Berntgen and Marion Berntgen, 2186 Central Avenue. Klauer,Tulien Hotel Company, 2nd & Main Streets. John Meisenburg, 450 West Locust Street. Noah W. McNamer, 176 Locust Street. Frank Sand and Elsie Sand, 2364 Washington Street. Clarence C. Buelow, 1555 So. Grandview Avenue, Harold A. Cosley and Mrs. Mar- garet Cosley, 1121 University Ave- nue. 4 :;, .,~ George Lanser and Helen Lanser, 3165 Central Avenue. William E. Wadrich, 1101 Rhom- berg Avenue. George 3. Zillig, 234 West 9th Street, George Kanavas, 1689 Elm Street. James P. Kachevas, 493 Main Street. Joseph L. Wingert and Jose- phine Wingert, 400 Rhomberg Avenue. John J. Haley, 1298 Main Street. Donald C. Moes, 698 Central Avenue. Cletus N. Pauly, 1255 Central Avenue. Frank Klein and Anna Klein, 600 Central Avenue. Anton Fortman Company, 253 Main Street. Kathryn Peed and Raymond G. Wunder, 1006 Central Avenue. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. John M. Thompson and Clarence E. Thompson, 210 West 1st Street. Fred Herber and Annabelle Her- ber, 2108 Central Avenue. John E. Leiser, 29 Eighth Ave- nue. Charles S. Dugan, 390 East 12th Street. Genevieve Sullivan, 62 Locust Street. Melvin J. Schroeder, 678 Central Avenue. Vincent J. Hogan, 231 West 2nd Street. Jack Solomon, 555 Main Street. Irvin G. Hessel, 2678 Central Avenue. Louis O'Meara, 1655 Delhi Street. Eleanor D. Ward, 2284 Univer- sity Avenue. Merlin K. Abing, 408 West Loc- ust Street, Frank W. Thompson and John F, Thompson, 250 West 1st Street. Richard Schueller, 2900 Jackson Street. Earl E. MacDonald, 2930 Cen- tral Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 28th day of June, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Kolf moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, and Welu. Nays-None. Absent-Councilmen Austin and Schueller. CLASS 'C" PERMIT Harold A. Casey, 655 Seminary Street. Otto J, Dunbar, 2401 Jackson Street. Vincent J. Hogan, 231 West 2nd Street. Jack Solomon, 555 Main Street, Irvin G. Hessel, 2678 Central Avenue. Louis O'Meara, 1655 Delhi Street. Eleanor D. Ward, 2284 University Avenue. Merlin K. Abing, 408 West Locust Street. Frank W. Thompson and John F. Thompson, 250 West 1st Street. Richard Schueller, 2900 Jackson Street. Earl E. MacDonald, 2930 Central Avenue. Passed, adopted and approved this 28th day of June, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Kolb and Welu. Nays-None. Absent-Councilmen Austin and Schueller. CLASS "B" PERMIT FOR PRIIFATE CLUB Fraternal Order of Orioles, Du- buque Nest No. 11, 16th and Cen- tral Avenue. The American Legion, Dubuque i Post No. 6, 290 West 4th Street. Veterans of Foreign Wars, Inc., Leo A. Schwind Post No. 508, 1031 Main Street. Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Streets. Dubuque Cycle Club, 720 Iowa Street. Benevolent & Protective Order of Elks, Dubuque Lodge No. 297, N. W. Corner 7th & Locust Streets. CLASS "C" PERMIT Harold A. Casey, 655 Seminary Street. Otto J. Dunbar, 2401 Jackson Street. RESOLUTION N0. 212-51 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, Alford Finch, 1347 Central Ave- nue. George Westercamp, 1399 Jack- son Street, John C. Neumeister, 729 Lincoln Avenue. Merlin K, Abing, 408 West Locust Street. Raymond Syke, 923 Main Street. 368 Special Session, June 28th, 1951 Donald J. Bowen, 2417 Rhom- berg Avenue. Joseph J. Hosch, 1563 Central Avenue. A. R. Uppinhouse and Philomena Uppinghouse, 238.240 West 6th Street, National Tea Company, 896.898 Main Street. The Great Atlantic & Pacific Tea Co., 1101 Central Avenue. William Savory and Viola Savory, 827 Dodge Street. Iowa State Commission for the Blind, Post Office, 6th & Locust Streets. Earl J. McNamara, 1046 Uni- versity Avenue. Earl G. Corbett, 908 Rhomberg Avenue. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Levi J. Roach, 330 Main Street, John M. Thompson and Clarence E. Thompson, 210 West 1st Street. John Glynn, 659 Central Avenue. John Schaetzle, 2162 Central Avenue. John B. Burgmaier, 2600 Jackson Street. Roy Brammer and Rex Brammer, 1306 Delhi Street. Fred Frary, 2220 University Avenue. Andrew D. Karigan, 720 Main Street. Andrew D. Karigan, 401 Central Avenue. Sara Faigen, 399 East 20th Street. Carl L. Noel, 1080 University Avenue. Joseph J. Siege, Jr, and Ferd- inand W. Kenniker, 2401 Windsor Avenue. Morris B, Flick, 5 Eigthth Ave- nue. John J. Baumgartner and John M. Baumgartner, 1543 Central Avenue. Klauer-Julien Hotel Co., 2nd & Main Streets. Ellas Mihalis, 574 E. 16th Street. Harold A. Muntz, 3203 Jackson Street, John J. Beecher, 2399 White Street. Orville P. Murphy, 435 Central Avenue. Frank H. Berntgen, 2186 Central Avenue. Fred Weiner, 1101 White Street. Louis Anthoine, 119 West 6th Street. Mike Sand and Marie Sand, 2498 Central Avenue. Elmer L. Treivieler, 2103 Jack- son Street. George P. Arvanitis, 1958 Cen- tral Avenue. Gilbert J. Nicks and Josephine Nicks, 103 East 22nd Street. Fred Kamentz, 1697 Jackson Street. James M. Kane, 1205 Cleveland Avenue. Floyd J. Lauterborn and Walter G. Thorpe, 951 Main Street. George J. Zillig, 234 West 9th Street. Ruben J, Weber, 25 West 7th Street. Mrs. Elsie Vrotsos, 1253 Wash- ington Street. Wm. C, Leik, 501 Rhomberg Ave- nue. Arthur J. Trapp, 1266 Central Avenue. Carl N. Brant and Bernard Arens- dorf, 2600 Central Avenue. Mrs. Dorothy Blum, 2412 Cen- tral Avenue. Raymond McLaughlin, 2222 Cen- tral Avenue. Hubert J. Kress, Jr., 532 East 22nd Street. Walter Mengis and Joseph F. Shannon, 1618 Central Avenue. Daniel McDonald, 216 West 1st Street. Harry Murphy and Dorothy Mur- phy, 1097 Jackson Street. Angela E. Martin, 280 Locust Street. Page Hotel Company, 73-75 East 4th Street. Cletus N. Pauly, 1255 Central Avenue. Merlyn L. Weber, 1904 Central Avenue. Leo R. Bonz and Rebecca Bonz, 310 East 30th Street. John E. Noel, 2400 Central Ave• sue. Clarence Kipper, 1585 Delhi Street. Frank W. Thompson and John F. Thompson, 250 West 1st Street. Harry A. Rawson and Grace Rawson, 342 Main Street. ti' Special Session, June 28th, 1951 369 Fraternal Order of Orioles, 1600 Central Avenue. Gerald C. Scherrer, 2995 Central Avenue. Herbert T. Walker, 601 Rhom- berg Avenue. Joseph L. Wingert and Jose- phine Wingert, 400 Rhomberg Avenue. f Roshek Brothers Company, 700- 798 Locust Street. B.P.O. Elks Lodge No. 297, 7th ~r> & Locust Streets. Dubuque Cycle Club, 720 Iowa Street. Gus L. Manternach, 1105 Loras Blvd. Lorraine Gordon, 469 Main Street. Frank E. Lewis, 2403 Central Avenue. '~ John D. Corken, 2195 University Avenue. Helen Steffen, 1046 Central Ave- nue. Lawrence Schwartz, 500 Rhom- berg Avenue. James J. Scherr, 1198 White Street. 'j Thomas F. McDonough and Ruth McDonough, 1052 University Ave- nue. Albert A, Trumm, 2890 Central Avenue. American Veterans of World War H, 429 Main Street. John J. Heiderscheit, 1278 Cen- tral Avenue. Melvin H. Maas, 700 East 16th Street. Fred C. Potterveld and Winifred S. Potterveld, 1687 Delhi Street. / Albert G, Peryon, 257 Eighth Avenue. ~ M. J. Ludwig, 1545 So, Grand- view Avenue. Frank C. Wieland, 3198 Central Avenue. Paul A. Deonard, 239 Wast 6th Street. John J. Ludescher, 189 Sem- inary Street. George Ragatz, Jr., 1996 Central Avenue. Vincent B. Schwartz, 1105 Wal- nut Street. Veterans of Foreign Wars Club, 1031 Main Street. Clifford Calvert and Bertha Cal- - vert, 185 Main Street. Louis T. Bournias, 2117 Univer- sity Avenue. William E. Wodrich, 1101 Rhom- berg Avenue. Joseph C. Schneider, 2900 Cen- tral Avenue. Irvin G. Hessel, 2687 Central Avenue. Mrs. Annice Jaeger, 1598 Elm Street. Tenenbom's Super Market, Inc., 630 Locust Street. George R. Hunt and Christopher C. Gratz, 801 Main Street. Donald W. Schuster, 2404 Cen- tral Avenue. Robert E. Sullivan, B20 So. Grandview Avenue. Robert J. Bowen, 1105 Univer• sity Avenue. Dr. Pepper Bowling Lanes Club, 880 Locust Street. Dubuque Metal Trades Council Club, 111 West 6th Street. Milton Fink, 3165 Central Ave• nue. Donald C. Moes, 698 Central Ave- nue. William White, 1995 Asbury Road. George Lasser and Helen Lasser, 3165 Central Avenue. William Wagner, 1501 Rhomberg Avenue. Gaylon C. Seeley, 2595 Rhom- berg Avenue. Arnold Schneider, 1889 Jackson Street. John F. Tench and Vincent W. Mescher, 1233 Rhomberg Avenue. Henry C. Torrey, 400 Iowa Street. J, F. Stampfer Company, 800 Main Street. Leonard H. Crane, Bunker Hill. Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street, The Kroeger Company, 270 West 7th Street. Clarence C. Buelow, 1555 So. Grandview Avenue. Harold A. Cosley and Mrs. Mar- garet Cosley, 1121 University Ave- nue: Edward J. Winter, 1398 White Street. James H. Scherer, 1187 Iowa Street. William Carlson and Rona Carl- son,553 Eighth Avenue. 370 Special Session, June 28th, 1951 Arano H. Lolwing, 2616 Windsor Avenue. Fraternal Order of Eagles, Aerie No, 568, 6th & Locust Streets. Ray J. Nicks, 521 East 22nd Street. Amy Haley, 815 West 5th Street. Arthur F. Herber and Theresa Herber, 2319 Prince Street. Orland C. Driscoll and William O'Neill, 244 West 1st Street. Hartig Drug Company, 2376 Central Avenue. Hartig Drug Company, 730 Main Street. Charles A. Bergener, 1064 Uni- versity Avenue. Rosemary Wright, 2987 Jackson Street. Jack Solomon, 555 Main Street. Ralph J. Cremer, 1415 Rhom- berg Avenue. Nick Tsacudakis, 3166 Jackson Street. Alfred Hedley, 599 Eighth Ave- nue. Gus Pusateri, 464 West Locust Street. Ernest W, Pfalzgraf, 1300 Cen- tral Avenue. William L. Becker, 1501 Central Avenue. Louis E. Lorenzi, 301 Main Street. Louis O'Meara, 1655 Delhi Street. Thelma Mardauss, 349 Eighth Avenue. Melvin C. Lynn, 424 West Locust Street. Hollywood Grill, 500 Main Street. Melvin B. McDonough, 305 Eighth Avenue. Leonard P. Bertsch (Merchants Hotel), 304.326 Main Street. Arthur Apel, 1176 Iowa Street. Frank M. Kelly and Francis E. Kelly, 1075 Dodge Street. Anthony Schmit, 1048 Main Street. James P. Kachevas, 493 Main Street. Merlin Apel, 1195 Dodge Street. John J. Haley, 1298 Main Street. Ione Miller, 1322 Central Ave- nue. Oasis Club, 998 Central Avenue. Arthur H. Eichman, 2119 Rhom- berg Avenue. Michael A. Pusateri and Gus Pusateri, 1098 Main Street. Joe Giunta, 2022 Central Ave- nue. Noah W. McNamer, 176 Locust Street. Eleanor D. Ward, 2284 Univer- sity Avenue. John Meisenburg, 450 West Locust Street. Mrs. Adele Keske, 253 West 1st Street. Harry Kopple, 1098 University Avenue, Mrs. Rhea Bournias, 800 East 16th Street. Herbert Bisping, 1401 Elm Street. George Kanavas, 1689 Elm Street. Norbert H. Sauser, 27742776 Jackson Street, Sylvester A. Weiner and Dolores V, Weiner, 201 East 22nd Street. Charles T. Snyder and Elsie Snyder, 543 Eighth Avenue. Vincent J. Hogan, 231 West 2nd Street. John W. Wcerdehoff, 1555 Cen- tral Avenue. N. J. Kopp, 253 East 21st Street. Frederick Landolt, 690 West Locust Street. Carl Van Duelman, 590 Seminary Street. Zeno A, Tranel, 598 Main Street. Edward R. Laury, 813 Main Street. Francis McCauley, 1040 Univer- sity Avenue. Thomas E. Nacos, 1598 Jackson Street. Melville L. Donovan, 1876 Cen- tral Avenue, Kermit Meyers and Thamas Lilly, 714 Main Street. Frank Sand and Elsie Sand, 2364 Washington Street. Louis A, Ring, 1500 Central Avenue. Louis A. Ring, 155 West 11th Street. Peter Klauer, 2700 Jackson Street. Triangle Cafe, 926 Main Street. Justin L. Johanningmeier, 1879 Central Avenue. Union League Club, 336 Main Street. The Sunshine Circle -Finley Hospital, 1596 Delhi Street. W. C. Crahan. Cor. Dodge and Bluff Streets. ~~ ~•~ Special Session, June 28th, 1951 371 A. J. Ender, 534 Rhomberg Ave- nue. A. J. Ender, 1703 Maple Street. Louis J. Winkler, 625 Central Avenue, ~ Clarence J. Pfeiffer, 342 Eighth Avenue. ~ George C, Kruse, 2418 Central Avenue. i Joseph P. Hillard and Bernice Hillard, 431 Rhomberg Avenue. John J. Hickey, 55 Locust Street. Earl T. Avery, 1602 Lincoln Avenue. Donald E. Wertz, 630 Main Street, ~ Christ Bogas, 402 Main Street. Harold A. Casey, 655 Seminary Street. Hiawatha Club, 576 Central I Avenue. Xavier Hospital, Davis & Wind- sor Avenue. Otto J. Dunbar, 2401 Jackson Street. Frank Klein and Anna Klein, 600 Central Avenue. Robert J. Quinlan and Evelyn J, Quinlan, 1091 White Street. ~+ Dubuque Golf Club, Randall Place, American Legion, Dubuque Post No. 6, 290 West 4th Street. Charles F. Schnee, 1379 Cen- tral Avenue. Joseph J. Ott, 2003 Washington Street, Anton Fortmann, 253 Main Street. Wm. Van der Meulen and Sophie McMann, 2327 Central Avenue. Robert McFarlane 1798 Central Avenue. The Rex Club, 127 West 6th Street. Lester Eichhorn and Marie Eich- horn, 1725 Delhi Street, Mrs, Rosemary Hird, Eagle Paint. ~ > Leo P. Manahl, 785 Groveland Place. Harry J. Smith, Sr., 2239 Uni- versity Avenue. Alfred G. Porter, 2541 Central Avenue. Mrs. Kathryn Peed and Raymond G. Wunder, 1006 Central Avenue. Harold L. Steinhoff, 241 Main Street. Loras College, fi55 Loras Blvd. Mathias A. Schueller, 132 Eighth Avenue. Jerome J. Love, 37 Eighth Ave- nue. John E. Leiser, 29 Eighth Ave- nue. Cruso A. Alba, 2501 Jackson Street, Francis O'Toole and Arlene Pauly, 280 Main Street. Mrs, Anna Heiar, 1900 Washing- ton Street. John Petrakis, 1564 Central Ave- nue. Harry N. Gantert, 1301 Rhom- berg Avenue, Dubuque Packing Company,l6th & Sycamore Streets. llirs. Josephine Burke, 1091 Main Street. Charles S. Dugan, 390 East 12th Street. Richard G. Rink, 1260 Washing• ton Street. Harold 0, Specht, 3003 Asbury Road. Frank J. Pusateri, 1296 Central Avenue. Elmer E. Meyer, 1828 Central Avenue. Fred Herber and Annabelle Her- ber, 2108 Central Avenue. Mrs. Marcella Wilming, 1701 Asbury Street. John M. Kane, 1103 Iowa Street. R. Daniel Winders, 2204 Central Avenue. Fred H. Cooper and Harold J. Love, 250 West 6th Street. Ann Burke and Mrs. Thelma F. Trapp, St. Joseph's Mercy Hospital. George Miller, 400 Central Ave- nue. Mildred M. Schaller and Clara R. Schaller, 378 Main Street. Peter Petrakis, 1401 Central Avenue. Leo F. Link, 1487 Central Ave- nue. 114ariin Meyer and Vernon Meyer, 530 East 22nd Street. BeL Warren and Ralph Warren, 1700 Central Avenue. Eugene P. McCann, 802 Iowa Street, Diamond's Grill, 900.910 Main Street. Mrs. Wilma Gloeckner, .343 Eighth Avenue, Edmund N. Manders,1001 Rhom• I berg Avenue. 372 Special Session, June 28th, 1951 J. Ray O'Brien, 2093 Washington Street. Clarence P. Falkenhainer, 1097 University Avenue. Spencer P. Wright, 1862 Central Avenue. Jessie D. Sweet and Frances M. Andresen, 1842 Central Avenue. Albert 0. Barnett, 731 Rhom- berg Avenue. Daniel C. Maloney, 892 Cleve• land Avenue. Kenneth L. Meisenburg, 2500 Central Avenue. Eldon Reiter, 53 West 12th Street. Earl E. MacDonald, 2930 Cen- tral Avenue. Robert P. Schwegman, 1875 Uni- versity Avenue, Vincent Teeling, 115 East 22nd Street. Genevieve Sullivan, 62 Locust Street. B. A, Ruegnitz, 629 Rhomberg Avenue. Tony Helling, 80 Locust Street. Charles C. Scherrer, 2997 Cen• tral Avenue. Bert Zelens, 401 Main Street. George T. Vrotsos, 605 Main Street. Hazel Bradberry, 701 Central Avenue. Wm. Canfield, Jr. (Canfield Hotel Corp.), 34.36 West 4th Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 28th day of June, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F, KOLB, Councilmen Attest: J, J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Kolb and Welu. Nays-None. Absent-Councilmen Austin and Schueller. June 28, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The improvement of the west side of Avalon Road and the ex- tension of Hillcrest Road and Valleyview Road in Powers Heights has been completed in accordance with the conditions of Resolution No. 141-50. This has been inspected by the City Engineer and he recommends that the improvement be accepted by the City Council. I hereby con- cur in this recommendation and also recommend that the Perform- ance Bond signed by Phillip Pow- ers be released. Respectfully submitted, L. J. SCHII,TZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, Councilmen Kalb and Welu. Nays-None, Absent-Councilmen Austin and Schueller. There being no further business Councilman Welu moved to ad- journ. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb and Welu. Nays-None. Absent-Councilmen Austin and Schueller. J. J. SHEA, City Clerk. Approved ................ 1951 Adopted ................. 1951 Councilmen Attest :........................................ City Clerk. '~ :-a .., ~, .{