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1951 July Council ProceedingsRegular Session, July 2, 19.51 373 ,, .r City Council (Official) Regular Session, July 2,1951. Council met at 7:30 P. M. Present -Mayor Russo, Council- ~en Austin, Kolb, Schueller, Welu. ity Manager 5chiltz. Mayor Russo stated that this is ~e regular monthly meeting of the ity Council for the purpose of eting upon such business as may roperly came before the meeting. Proof of publication, certified to y the publishers, of notice of pub- s hearing on supplemental esti- iate of taxes to be used to pay the rincipal and interest of bonds to e issued for the purpose of pay- 1g the purchase price of land to be squired for dock purposes, pre- ented and read. No written objec- ions filed and no objectors present n the Council Chamber at the time et for said hearing. Councilman Welu moved that the goof of publication be received ind filed. Seconded by Councilman {olb. Carried by the following rote: Yeas-Mayor Russo, Councilmen ',ustin, Kolb, Schueller, Welu. Nays-None. Ordinance No. 29-51. An Ordi- iance amending Ordinance No. 25- il, being "An Ordinance authoriz- ng the issuance of Thirty Thousand Dollars Dock Bonds and providing for the payment of the same," by repealing Section 8 thereof and en- acting asubstitute therefor, and declaring an emergency, said ordi- nance having been introduced on June 15, 1951, and ordered placed on file pending final adoption, was presented and read: ORDINANCE N0. 29-81 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. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Section 8 of Ordinance No. 25-51, being "An Ordinance authorizing the issuance of Thirty Thousand Dollars Dock Bonds and providing for the pay- ment of the same" is hereby re- pealed and the following substi- tuted therefor: "Section 8. That it is hereby found and declared that the funds neces- sary to pay the principal and in- terest of said Dock Bonds are the following amounts in the following years, respectively: Year to be Produced Amount 1952 $4087.50 1953 3637.50 1954 3562.50 1955 3487.50 1956 3412.50 1957 3337.50 1958 3262.50 1959 3187.50 1960 3112.50 1961 3037.50 That a certified copy of this Ordinance be filed with the County Auditor of Dubuque County, Iowa, and that said Auditor be and he is hereby instructed in and for each of the years 1951 to 1960 in- clusive to levy and assess the tax so as to produce the amounts as aforesaid for the years 1952 to 1961 inclusive, respectively. The in- terest or principal coming due at any time when the special fund shall be insufficient to pay the same shall be promptly paid when due from current funds available for that purpose and reimburse- ment shall be made from such special fund in the sum thus ad- vanced when the taxes herein provided for have been collected. Section 2. This ordinance being deemed urgent in the preservation of the public peace, health and safety, shall become effective im- mediately upon its final adoption and publication. Introduced June 15th, 1951. Passed, adopted and approved by unanimous vote July 2, 1951. ROMOLO N. RUSSO, Mayor. CLARERCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. 374 Regular Session, July 2, 1951 Published officially in The Tele- graph-Herald newspaper this 3rd day of July, 1951. J. J. SHEA, City Clerk. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sep- arate days, Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried 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 hearing on plans, cost of improve- ment for the improvement of St. Joseph Street from the west prop- erty line of Fremont Avenue to the east property line of Stetmore Street, estimated cost $3,653.14, presented and read. Councilman Welu moved that the proof of publication be re• ceived and filed. Seconded by Councilman Kolb. 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 pendency of resolution of necessity and hearing upon proposed plans and cost of improvement for the improvement of St. Joseph Street from the west property line of Fremont Avenue to the east prop- erty line of Stetmore Street, pre- sented and read. Councilman Welu moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, and cost of im• provements) RESOLUTION N0.213-51 Whereas, proposed plans for the improvement of St. Joseph Street from the west property line of Fre• mont Avenue to the east property line of Stetmore Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans for or cost of such improvements, said time being this 2nd day of July, 1951; and Whereas, the City Council met in regular session this 2nd day of July, 1951, at 7:30 o'clock P. M., at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have beend filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque that all objections which have been made and filed to the plans for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans heretofore ap- proved are hereby adopted. Passed, adopted and approved this 2nd day of July, 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, (Necessity for Improvement) RESOLUTION N0.195~1 Whereas, proposed plans, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and Regular Session, July 2, 1951 375 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- sensed together with a valuation by the Council. 5. An estimate of the cost of the proposed improvement, stating the ~+ same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of St, Joseph Street from the west property line of Fremont Avenue to the east prop- erty line of Stetmore Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces• nary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of ~, this proposed resolution have on file with the City Clerk objections to the amount of the proposed as• sessments, they shall be deemed to have waived all objections thereto, Said improvement shall be con• strutted and done in accordance with the plans which have been prepared therefor by the City Engi- neer which have been approved by the City Council and are now on file with the City Clerk. That the material cost of making said im- provement 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 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,approvedand ordered placed on file with the City Clerk this 4th day of June, 1951. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 2nd day of July, 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 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, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 21451 Be It Resolved by the City Coun• cil of the City of Dubuque that pursuant to a resolution of neces• sity No. 195-51 which was duly passed by this Council, for the im- provement of St. Joseph Street from the west property line of Fre- mont Avenue to the east property line of Stetmore Street, be and the same are hereby ordered and con• strutted by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levy- ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the City, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assesments as provided by law after the work 376 Regular Session, July 2, 1951 has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adopton by the City Council. Passed, adopted and approved this 2nd day of July, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F, KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of hearing on plans, cost of improve- ment for the improvement of Na- pier Street from the east property line of Foye Street to a point 300 feet west, estimated cost $1,375.89, presented and read. Councilman Welu moved that the proof of publication be received and filed, Seconded by Councilman Austin. 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 pend- ency of resolution of necessity and hearing upon proposed plans and cost of improvement for the im- provement of Napier Street from the east property line of Foye Street to a point 300 feet west, presented and read. Councilman Welu moved the proof of publication be received and filed. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, and cost of im• provements) RESOLUTION N0. 215.51 Whereas, proposed plans for the improvement of Napier Street from the east property line of Foye Street to a point 300 feet west have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place for the hearing of all objections to said plans for or cost of such im- provements, said time being this 2nd day of July, 1951; and Whereas, the City Council met in regular session this 2nd day of July, 1951, at 7:30 o'clock P. M., at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 2nd day of July, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P, WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. ~f :i Regular Session, July 2, 1951 377 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. (Necessity for Improvement) RESOLUTION N0. 192.51 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 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 assess- ed 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 con- struction and kind of material to be used, 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the improve- ment of Napier Street from the east property line of Foye Street to a point 300 feet west. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City Engi- neer which have been approved by the City Council and are now on file with the City Clerk, That the material cost of making said im- provement 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 ac- cording to area and in proportion to the special benefits conferred thereby, Labor and equipment costs 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 ti~ereof used to pay the contractor. The above resolution was intro- duced,approvedand ordered placed on file with the City Clerk this 4th day of June, 1951. The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 2nd day of July, 1951. ROMOLO N, RUSSO, Mayor. CLARENCE P. WELD, 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. (Ordering Construction) RESOLUTION N0. 216.51 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 192-51 which was duly passed by this Council, for the improve- ment of Napier Street from the east property line of Foye Street to a point 300 feet west, be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provement be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the improvements, whether such prop- erty abut upon the same or are ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and 378 Regular Session, July Z, 1951 any deficiency will be paid out of the general, improvement, or sewer funds of the City, or partly from each of such funds, Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in farce and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of July, 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 Kolb. 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 hearing on plans, cost of improve- ment for the improvement of Balke Street from the north prop- erty line of Link Street to the south property line of Lowther Street, estimated cost $2,840.62, presented and read, Councilman Kolb moved that the proof of publication be re- ceived and filed. 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 pendency of resolution of necessity and hearing upon proposed plans and cost of improvement for the improvement of Balke Street from the north property line of Link Street to the south property line of Lowther Street, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon ob. jections to plans, and cost of im• provements.} RESOLUTION N0. 217-51 Whereas, proposed plans for the improvement of Balke Street from the north proporty line of Link Street to the south property line of Lowther Street have been ap• proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all ob• jections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 2nd day of July, 1951; and Whereas, the City Council met in regular session this 2nd day of July, 1951, at 7:30 o'clock P.M, at the Council Chambers in the City Ilall for the purpose of hearing all interested parties and consider- ing any and all objections which have been filed to the proposed plans, for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement here- in described and proposed to be made, be and the same are hereby overruled and such plans, specifi- cations and form of contract here- tofore approved are h e r e b y adopted, Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent record ti I~ i Regular Session, July 2, 1951 379 in connection with said improve- ment. Passed, adopted and approved this 2nd day of July, 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 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, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 189-51 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 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 assess- ed 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 con• struction and kind of material ±o be used. 6, In each case the amount there- of which is estimated to be assessed against each lot, for the improve- ment of Balke Street from the south property line of Link Street to the south property line of Low- ther Street, Be It Therefore Resolved that the City Council on its own motior. or upon petition of property own- ers, deems it advisable and neces- sary far the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are no~v 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 ac- cording to area and in proportion to the special benefits conferred thereby, labor .and equipment costs shall be paid out of the street con- struction fund, Bonds shall be is• sued and sold in anticipation of de- ferred payments of assessments when the work has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 4th day of June, 1951. The foregoing resolution was finally passed and adopted as pro• posed, by the City Council this 2nd day of July, 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 Schueller moved the adoption of the resolution, Second- ed by Councilman Austin Carried by the following vote: Yeas-Mayor Russo, Gounciimen Austin, Kolb, Schueller, Welu. Nays-None, (Ordering Construction) RESOLUTION N0. 218-51 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No 189.51 which was duly passed by this Council, for the improvement of Balke Street from the north property line of Link 380 Regular Session, July 2, 1951 Street to the south property line of Lowther Street be and the same are hereby ordered and construc- ed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levy- ing special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be is- sued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. Be It Further Resolved tfiat this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day July, 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 Kolb. 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 hearing on plans, cost of improve- ment for the improvement of Tressa Street from the west prop- erty line of McLenan Street to a point 191 feet east, estimated cost X1,061.68, presented and read. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb. 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 pen- dency of resolution of necessity and hearing upon proposed plans and cost of improvement for fire improvement of Tressa Street from the west property line of McI,enan Street to a point 191 feet east, pre- sented and read. Councilman Welu moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. (Decision of Council upon objec• Lions to plans, and cosfi of im• provemenfis.) RESOLUTION N0. 219' 1 Whereas, proposed plans far the iiriprovement of Tressa Street from tite west property line of McLenan Street to a point 191 feet east have been approved by the City Coun- cil of the City of Dubuque and pablic notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, for or cost of such improvements, said time being this 2nd day of July, 1951; and Whereas, the City Council met in regular session this 2nd day of July, 1951, at 7:30 o'clock P,M, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly ` Regular Session, July 2, 1951 381 weighed and considered; now there- fore Be It Resolved by the City Coun- cil of the City of Dubuque, that ' all objections which have been made and filed to the plans, for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans, heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision '~ of this Council upon all objections which have been filed to the plans, for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 2nd day of July, 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 :r 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. (Necessity for Improvement) RESOLUTION N0. 186-51 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- - ments. 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 Tressa Street from the west property line of McI.enan 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 improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans 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 ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment costs 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. The foregoing resolution was finally passed and adopted as pro- posed, by the City Council this 2nd day of July, 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 Austin moved the adoption of the resolution. Seconded 382 Regular Session, July 2, 1951 ~~ _Regular Session, July 2, 1951 383 by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 220-51 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No. 186-51 which was duly passed by this Council, for the improvement of Tressa Street from the west property line of McLenan Street to a point 191 feet east be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid cut of the general improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in farce and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of July, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councflmen. 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, Welu. Nays-None. Proof of publication, certified to b;• the publishers, of notice of hear- ing on plans, cost of improvement for the improvement of Finley Street from the south property line of University Avenue to the north property line of West Street, esti- mated cost $4,162.68, presented and read. Councilman Kolb moved that the proof of publication be received and filed, Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and cost of improvement for the improvement of Finley Street from the south property line of Univers- ity Avenue to the north property line of West Street, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon obje~~ bons to plans, and cost of improve- ments. ) RESOLUTION N0. 221-51 Whereas, proposed plans and specifications and form of contract for the improvement of Finley Street from the south property line of University Avenue to the north property line of West Street have been approved by the City Council cf the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, or cost of such improvements, said time being this 2nd day of July, 1951; and Whereas, the City Council met in regular session this 2nd day of ~ July, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans or ' cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to ~~ be heard and all objections which have been filed have been duly weighed and considered; now there- . fore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been fIled to the plans, ~ or cost of said improvement be made a matter of permanent re- cord in connection with said im- provement. Passed, adopted and approved this 2nd day of July, 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 Kolb moved the adop- ' tion of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. ,Nays-None. (Necessity for Improvement] RESOLUTION N0. 183-51 Whereas, proposed plans, plat and schedule have been prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4, Each lost proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, .for the i~rprovement of Finley Street from the south property line of Univers- ity Avenue to the north property line of West Street. Be It Therefore Resolved that the City Council on its own motion or petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and un- less property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance vti~ith 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 im- provement 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 there- to according to area and in pro- portion to the special benefits con- ferred thereby. Labor and equip- ment cost shall be paid out of street construction fund. Bonds will be issued and sold in anticipation of deferred payments of assess- ments when the work has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. 384 Regular Session, July 2, 1951 The above resolution was intro- duced,approved and ordered placed on file with the City Clerk this 4th day of June, 1951. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 2nd day of July, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. 5CHUELLER, 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, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 222-51 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No. 183-51 which was duly passed by this CouncB, for the improvement of Finley Street from the south property line of University Avenue to the north property line of West Street be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of July, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. 5CHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Kolb. 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 hearing on the plans, cost of im- provement for the improvement of Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street, estimated cost $2,971.74, presented and read, Councilman Kolb moved that the proof of publication be received and filed, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing on proposed plans and cost of improvements for the improve- ment of Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street, presented and read. Councilman Welu moved that the proof of publication be received and -~ Regular Session, July 2, 1951 385 filed. Seconded by Councilman ~ Rolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Rolb, Schueller, Welu. ' Nays-None. ~l <, ~s (Decision of Council upon ob• jections to plans, and cost of im• provements.) RESOLUTION N0. 223-51 Whereas, proposed plans for the improvement of Groveland Place from the west property line of Sheridan Street to the east prop- erty line of Burden Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 2nd day of July, 1951; and Whereas, the City Council met in regular session this 2nd day of July, 1951, at 7:30 o'clock P.M, at the Council Chambers in the City Hall for the purpose of hearing all in- terested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now there- fore , Be It Resolved by the City Coun- ci] of the City of Dubuque that all objections which have been made and filed to the plans, for or cost ~ of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- - ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decisionn of this Council upon all objections which have been filed to the plans, for or cost of said improvement be made a matter of permanent re- cord in connection with said im- provement. Passed, adopted and approved this 2nd day of July, 1951. ROMOLO N. RUSSO, Dfayor. CLARENCE P. WELU, RAY F, KOLB, RUBEN V. AUSTIN, LED N. 5CHUELLER, 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, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 180-51 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 con- struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the im- provement of Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street, Be It Therefore Resolved that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- .,, ,~,, 386 Regular Session, July 2, 1951 ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer 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 pri- vately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equip- ment cost shall be paid out of the street construction fund. Bands shall be issued and sold in antici- pation 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. The foregoing resolution was finally passed and adopted as pro- posed, by the City Council this 2nd day of July, 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- o^ded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 224-51 Be It Resolved By The City Coun- cil Of The City Of Dubuque that pursuant to a resolution of neces- sity No. 1801 which was duly passed by this Council, for the im- provement of Groveland Place from the west property line of Sheridan Street to the east property line of Burden Street be and the same are ]iereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. Be It Rurther Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the irprovements, whether such prop- erty abut upon the same or are ad- jacent therto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of ft;nds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and affect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of July, 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. 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 hear- ing on the plans, cost of improve- ment for the improvement of Mc- Regular Session, July 2, 1951 387 Lenan Street from the north prop- erty line of Tressa Street to the south property line of Mt. Loretta Avenue, estimated cost $1,620.23, presented and read. Councilman Austin moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilman Austin, Kolb, Schueller, Welu. ;,-1 Nays-None. Proof of publication, certified to by the publishers, of notice of pen- . dency of resolution of necessity and hearing upon proposed plans and cost of improvement for the im- proving of McLenan Street from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. `'; Nays-None. (Decision of Council upon object ticns to plans, and cost of improve• ments.) RESOLUTION N0. 225-51 Whereas, proposed plans and specifications and form of contract for the improvement of McLenan Street from the north property line of Tressa Street to the south prop- .. erty line of Mt. Loretta Avenue have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts ' and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, for or cost of such improvements, said time be- ing this 2nd day of July, 1951; and Whereas, the City Council met in regular session this 2nd day of July, 1951 at 7:30 o'clock P.M, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City C,runcil of the City of Dubuque, that all objections which have been rude and filed to the plans for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans for or cost of said improvement be made a matter of permanent re• cord in connection with said im- provement. Passed, adopted and approved this 2nd day of July, 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 Kolb 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. (Necessity for Improvement) 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 ar~d 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. I ~. 388 Regular Session, July 2, 1951 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con• struction and kind of material to be used. 6. In each case amount thereof which is estimated to be assessed against each lot, for the improve- ment 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 owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and m~less property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements 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 ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment cost 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 oe file with the City Clerk this 4th day of June, 1951. The foregoing resolution was finally passed and adopted, as pra- posed, by the City Council this 2nd day of July, 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 Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. (Ordering Construction) RESOLUTION N0. 226-51 Be It Resolved By The City Council of the City of Dubuque tnat pursuant to a resolution of necessity No. 177-51 which was duly passed by this Council, for the improvement of McLenan Street from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue be and the same are hereby ordered and constructed by this Council upon its own motion and with or with- out the petition of property owners. A'1 the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. Regular Session, July 2, 1951 389 Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its ', ~ passage and adoption by the City Council. Passed, adopted and approved this 2nd day of July, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, r, LEO N. SCHUELLER, 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 Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of hear- ' ing on the plans, cost of improve- ment for the improvement of Mar- ' ion Street from the west property line of Fremont Avenue to the end of Marion Street, estimated cost ' $0,790.70, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pen- : dency of resolution of necessity and hearing upon proposed plans and cost of improvement for the im- proving of Marion Street from the west property line of Fremont Ave- nue to the end of Marion Street, presented and read. Councilman Kolb moved that the proof of pub- lication be received and filed. Sec- ; onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon objec- fiions fio plans, and cost of improve• ments. ) RESOLUTION N0. 227-51 Whereas, proposed plans and specifications and form of contract for the improvement of Marion Street from the west property line of Fremont Avenue to the end of Marion Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and trN time and place fixed for the hearing of all objections to said plans, for or cost of such improve- ments, said time being this 2nd day of July, 1951; and Whereas, the City Council met in regular session this 2nd day of July, 1951, at 7;30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now there- fore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the de- cision of this Council upon all ob- jections which have been filed to the plans, for or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 2nd day of July, 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- 390 Regular Session, July 2, 1951 oi~ded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 114-51 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 councll. 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 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 owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans 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 im- provement 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 ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment cost s}iall be paid out of the street con- struction fund. Bonds shall be is- sued and sold in anticipation of de- ferred payments of assessments when the work has been performed and accepted and the proceeds tt:ereof 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. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 2nd day of July, 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 Kolb moved the adoption of the resolution. Sec• onned by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 228-51 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 174-51 which was duly passed by this Council, for the im- provement of Marion Street from the west property line of Fremont Avenue to the end of Marion Street be and the same are hereby or- dered and constructed by this Coun- eji upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from Regular Session, July 2, 1951 391 the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly ' from each of such funds, Payment will be made to the contractor out of. funds realized from the sale of bands to be issued in anticipation of deferred payments of assess- ments provided by law after the ~~' work has been completed and ac• cepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of July, 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 Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Carried by the following vote: Yeas-Alayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of hear- ing on the plans, cost of improve- . ment for the improvement of Fair- way Drive from the west property line of St. Ambrose Street to the east property line of Bunker Hill • Road, estimated cost $2,916.82, pre- sented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of and hearing upon proposed plans and cost of improvement for the improving of Fairway Drive from the west prop- erty line of St. Ambrose Street to the east property line of Bunker Hill Road, presented and read. Councilman Kolb moved that the proof of publication be received and fiied. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon objee• Lions to plans, and cost of improve~ menu.) RESOLUTION N0. 229-51 Whereas, proposed plans for the improvement of Fairway Drive From the west property line of St, Ambrose Street to the east property line of Bunker Hill Road have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, per- taining to public contracts and bonds, and the time and place fixed fcr the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 2nd day of July, 1951; and Whereas, the City Council met in regular session this 2nd day of July, 1951, at 7:00 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering airy and all objections which have been filed to the proposed plans, for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans., far or cost of said improvement be made a matter of permanent record in connection with said improve- ment. 392 Regular Session, July 2, 1951 Passed, adopted and approved this 2nd day of July, 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 Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) 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 material 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 St, 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 owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and uliless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- 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 im- provement 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 there- io according to area and in propor- tion to the special benefits con- ferred thereby. Labor and equip- ment cost shall be paid out of the street construction fund. Bonds shall be issued and sold in antici- pation of deferred payments of assessment when the work has ben 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. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 2nd day of July, 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 Kolb moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 23f~91 Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a resolution of necessity No. 171-51 which was duly passed by this Council, for the improvement of Fairway Drive from the west property line of St. Regular Session, July 2, 1951 393 the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners, All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 2nd day of July, 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 Kolb moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Mrs. Nick Wagner for injuries received when struck on the head by a ball while walking on Jackson Street near Co- mickav Park nresented and road. Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Eldon B, Dig- man in the amount of $15.00 for damages to his car caused from the newly oiled surface on Garfield Avenue, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Harry Kabat submitting offer in the amount of $50.00 for the purchase of that por- tion of Lot 1 of Lot 2 of Lot 17 in Mt. Pleasant Addition which ad• joins his property, presented and read. Mayor Russo moved that the communication be referred to the Council to view the grounds. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. Communication of The Inter- national City Managers' Association extending invitation to the City Manager to attend the City Man- agers' Annual Conference to be held at Poland Springs, Maine, on September 9.13, 1951, presented and read. Councilman Welu moved that the City Manager be authorized to at- tend the conference, if he so de- sires. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Communication of Robert Muell- er advising that garbage collections have not been made in the past few weeks in the 2400 block on Cherry Street because of the condition of the alley that links Pennsylvania Avenue to Finley Street and divides Cherry Street and University Ave- nna anA alcn ~arith rafaranna 4n 394 Regular Session, July 2, 1951 v/eeds on Lot 217 in this block, presented and read. Councilman Austin moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Communication of D u b u q u e Safety Council asking the City Council to exert every effort to install parking meters of a nature which will take pennies and nickels, and also take nickels and pennies or a variation of either of the coins and that the installation be uniform in those respects, pre- sented 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. Communication of Earl Falk with reference to the action prev- iously taken by the City Council with reference to Daylight Saving Time and asking Council to recon- sider their action in approving the opinion of the City Solicitor, pre- sented and read. Councilman Welu moved that Council reaffirm the previous opinion of the City Solicitor. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Gladys J. Feller and others requesting that Pearl Street from McCormick Street to O'Hagen Street be graded, curbed and gut- tered, and hard surfaced with a permanent type surface, presented and read. Councilman Welu moved that the City Engineer be instructed to prepare a plat and schedule as requested for the improvement of Fearl Street. Seconded by Council- man Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mrs. Marie Sand and others, residents and property owners on Davenport Street, re- questing that an investigation be made as to the lighting conditions now existing on Davenport Street and asking that lights be erected where needed, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical In- spector for recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of William H. Harbaugh requesting a refund in the amount of $100.00 on the unexpired portion of his Class "B" Beer Permit No. 136, as he has discontinued busi- ness an June 30, 1951, presented and. read. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of William H. Harbaugh t~~ cover the amount of refund granted on the unexpired r,,.l:on of his Class "B" Beer Permit 136. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of William H. Harbaugh requesting a refund in the amount of $100.00 which sum he has paid far a Cigarette Permit for the period beginning July 1, 1951, as he has sold his place of business before the license went into effect, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of William H. Harbaugh to cover the amount of refund as requested. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of E. E. Frith Company requesting the vacation of the westerly 32 feet of Lynn Street from the south line of East 18th i ~' a' ~~.. i c '. ); 1 5 I, Regular Session, July 2, 1951 395 Street to the north line of East 17th Street, presented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. ATays-None. Certificate of Playground and Recreation Commission determin- ing and fixing the budget require- ments and tax levy for the en- suing year, presented and read, Councilman Austin moved that the certificate be referred to the Council for consideration at the time that the tax levy is being considered. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Certificate of Board of Dock Commissioners determining and fixing the budget requirements and 'tax levy for the ensuing year, pre- sented and read. Councilman Welu moved that the certificate be referred to the Coun- cil for consideration at the time the tax levy is being considered. Sec- onded by Mayor Russo. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Certificate of Board of Airport Commissioners determining and fixing the budget requirements and tax levy far the ensuing year, pre- sented and read. Councilman Welu moved that the certificate be referred to the Council for consideration at the time the tax levy is being con- sidered. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Certificate of Board of Library Trustees determining and fixing the budget requirements and tax levy for the ensuing year, pre- sented and read. Councilman Welu moved that the certificate be referred to the Council for consideration at the time the tax levy is being con- sidered. Seconded by Councilman Schueller. Carried by the follow• hig vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-Noce. Certificate of the Board of Fire Pension and Retirement System determining and fixing the budget requirements and tax levy for the ensuing year for fire pension purposes, presented and read. Councilman Welu moved that the certificate be referred to the Council for consideration at the time the tax levy is being con- sidered. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Certificate of the Board of Fire Pension and Retirement System determining and fixing the budget . requirements and tax levy for the ensuing year for fire retirement '. purposes, presented and read. ~ Councilman Austin moved that the ` certificate be referred to the Coun- cil for consideration at the time the tax levy is being considered. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Certificate of the Board of Police Pension and Retirement System determining and fixing the budget requirements and tax levy for the ensuing year for police pension purposes, presented and read. Councilman Kolb moved that the certificate be referred to the Coun- cil for consideration at the time the tax levy is being considered. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Certificate of the Board of Police Pension and Retirement System determining and fixing the budget requirements and tax levy for the ensuing year for police retirement system, presented and read. 396 Regular Session, July 2, 1951 Councilman Kolb moved that the certificate be referred to the Council for consideration at the time the tax levy is being con- sidered. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of the official publication of Ordinance No. 25-51, An Ordinance Authorizing the Is- suance of Thirty Thousand Dollars Dock Bonds and Providing for the Payment of the Same, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. 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 the official publication of Ordinance No. 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 Kolb moved that the proof of publication be re- ceived and filed. 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 a statement of receipts and also a list of claims for which warrants were drawn during the month of May, 1951, presented and read. Councilman Welu moved that the proof of publication be re• ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 30-51 An Ordinance Amending Ordin- ance No. 33-119 being the Traffic Code of the City of Dubuque by repealing Subsection `e' of Section 1 of Schedule IV; subsection `1' of Section 2 of Schedule N; and, subsection `a' of Schedule V there- of and enacting substitutes there- for; and adding a new subsection to Schedule VI thereof; and pro- viding for a penalty for the viola- tion thereof, said ordinance having been passed upon first reading on June 22nd, 1951 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented for final adoption. ORDINANCE N0. 30-51 An Ordinance Amending Ordin- ance No. 33~I9 being the Traffic Code of the City of Dubuque by repealing Subsection `e' of Section 1 of Schedule N; subsection 'i' of Section 2 of Schedule IV; and, subsection `a' of Schedule V there- of and enacting substitutes there- for; and adding a new subsection to Schedule VI thereof; and pro- viding for a penalty for the viola- tion thereof. Be It ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Section 1. That Ordinance No. 33--49, being the Traffic Code of the City of Dubuque is hereby amended by repealing subsection 'a' of Schedule V thereof and sub- stituting the following therefor: "a. Central Avenue from 6th street to 14th street," Section 2. That Ordinance No. 3319 is hereby amended by re- pealing Subsection 'e' of Section 1 of Schedule IV thereof and sub- stituting the following therefor: "e. Both sides of West Eleventh street from Locust street to Cen- tral Avenue and bath sides of East Eleventh street from Central Avenue to White street." Section 3. That Ordinance No. 3:;-49 is hereby amended by re- pealing subsection `1' of Section 2 of Schedule IV thereof and sub- stituting the following therefor: "1. Both sides of West Eleventh street from Locust Street to Bluff street." Section 4. That Ordinance No. 3319 is hereby amended by add- ing anew subsection to Schedule VI thereof as follows: "u. Both sides of East Sixteenth Street from Elm Street to Pine street." Regular Session, July 2, 1951 397 .i Section 5. This Ordinance shall be in torte and effect ten (10) days from and after its final pas- sage, adoption and publication as provided by law. Passed upon first reading this 22nd day of June, 1951. Passed, adopted and approved upon final reading July 2nd, 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 10th day of July, 1951. J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Kolb. Car- ried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Herman G. and Alice S. Gaines submitting an offer of $200.00 for the purchase of ten feet of ground on the north side of the city owned lot on the corner of Morningview Road and Hillcrest Road was referred to the Council to view the grounds. The Council having viewed the site decided to accept the offer of $200.00 provided that the proper plat is prepared by the petitioner. I recommend that the decision of the Council be confirmed. • Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- alter Schiltz be approved. Sec- .: onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 232-51 Resolution Authorizing Convey ante of Certain Lands to HERMAN G, and ALICE S. GAINES. Whereas, Herman G. and Alice S. Gaines have offered to purchase the following described real estate from the City of Dubuque for the price of Two Hundred Dollars ($200,00); and Plhereas, the City Council has viewed the ground and deems the same unsuitable to any purposes of the City of Dubuque; Now, Therefore, Be It Resolved: That the Mayor is hereby auth- orized to execute a Quit Claim Deed in the name of the City of Dubuque conveying all its right, title and interest in: North 10 feet of Lot 1 of Lot 4 of Hillcrest Park to Herman G. and Alice S. Gaines; That the City Clerk is hereby authorized and empowered to affix the Seal of the City of Dubuque to said deed; That the City Clerk is hereby authorized to deliver said deed to the said Herman G. and Alice S. Gaines upon receipt of the agreed purchase price of Two Hundred Dollars ($200.00) in cash. Passed, adopted and approved this 2nd day of July, 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. July 2, 1951 I'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of J. A. Sunceri and others requesting that a street light be installed at the foot of Lawndale was referred to the City Manager and Electrical Inspector for recommendation and report. 398 Regular Session, July 2, 1951 After viewing the site of the requested street light, it is re- commended that one be installed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Schueller moved that the recommendation of City Man- ager Schiltz be approved, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Frank Specht requesting the installation of a street light on Valley Street half- way between Southern Avenue and Quinn Street was referred to the City Manager and Electrical In- spector for investigation and re- port. After making an inspection of the site, it is recommended that the street light be installed as re- quested and the City Manager in- structed to notify Interstate Power Company. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; This is to advise that the con- struction of the Simpson-Coates Sanitary Sewer Lift Station, Force Main and Trunk Line Sewer, under contract with the Thos. Flynn Coal Company, has been completed in accordance with plans and speci- fications. I, therefore, recommend the ac- ceptance of this work. Your attention is called to the conditions of certain agreements entered into by and between the City of Dubuque and the owners of property over which easements were obtained to allow the con- struction of the improvement. The pertinent conditions as they affect the final assessment of the con- tracting property owners are as follows: (1) Lot 14A, Dubuque Homes Subdivision No. 2. Final area assessment $149.63 Total obligation of property owner per agreement 13.00 (2) Lot 1 of 1 of 1 of 1 of 1 of 2, Babcock's Addition. Final area assessment .................... $1,425.98 Total obligation of property owner per agreement 600.00 (3) Lot 1 of 1 of 2, Jecklin's Farm. Final area assessment .................... $4,513.82 Total obligation of property owner per agreement 3,000.0(1 (4) Lots No. 13 and 13A, Du• buque Homes Subdivision No. 2. Final area assessment-Lot No. 13 ...... ........ $195.88 Final area assessment--Lot No. 13A .... ........ 75.05 Total obligation of property owner for both lots per agreement .......... $252.00 The above total' obligation of the property owners represents the agreed amount to be charged for both the area assessments and the direct frontage sewer assess- ments against the properties. It is recommended that the City Treasurer and Auditor be in- structed to arrange for the trans- fer of an amount equal to the deficiencies from the Consolidated Fund to the Special Bonded Fund. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kolb. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. h 1, Regular Session, July 2, 1951 399 (A Resolution Accepting Improve• ment and Directing the Clerk to Publish Notice.) City of Dubuque, Iowa RESOLUTION N0. 231-51 Whereas, the contract for the construction of a reinforced con- crete lift station, vitrified file trunk line sewer, cast iron force main and vitrified file overflow line to serve the "Simpson-Coates Street Sewer District," said dis- trict having been created and established by Ordinance No. 10- 50. The reinforced concrete lift station shall be constructed in ac- cordance with the plans and speci- fications prepared therefore, said lift station to be located 491.8 feet north and 278.2 feet east of the southwest corner of Section 26, Township 89 N., Range 2 E., of 5th P, M. The vitrified file trunk line sewer shall be constructed of the various sizes and in the lo- cation described as follows; An eighteen (18) inch vitrified file line- running north 75 degrees east a distance of 260 feet;,thence a fifteen (15) inch vitr- ed file line running north 75 degrees east a distance of 281 feet; thence a twelve (12) inch vitrified file line running north 60 degrees east a distance of 659 feet; thence a twelve (12) inch vitrified file line running north 57 degrees 30 minutes east a distance of 764 feet to the existing wet well located in the intersection of Marion and Con- cord Streets. The ten (10) inch cast iron force main shall be constructed in the following location: Beginning at said lift station and running north 75 degrees east a distance of 541 feet; thence north 60 degrees east a distance of 659 feet; thence north 57 degrees 30 minutes east a distance of 764 feet to the existing ten (10) inch cast iron force main located in the intersection of Marion and Concord Streets. The eighteen (18) inch vitrified file overflow line beginning at said lift station and running 285 feet west to the intersection with the Corporation Limits of the City of Dubuque has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac- ceptance, now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and he is here- by directed to prepare a plat and schedule showing the lots or parcels of real estate s~:bject to assessment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is here- by directed to pay to the contractor from the funds to be realized from the sale of improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 2nd day of July, 1951. Approved: ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. 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 Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 Ta the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of County Auditor Meloy submitting for Council consideration the bid sub- mitted by Voelker Realty Com- pany in the amount of $75.00 covering the lot awned by Dubuque County described as Sub 1 of 2 400 Regular Session, July 2, 1951 of Sub 1 of Mineral Lot 72 and 1 of SO of Mineral Lot 73 and 2 of Mineral Lot 74, Lot 2, was re- ferred to the City Council to view the grounds. The Council having viewed the site agreed that $75.00 was a fair price for this lot. I recommend that the action of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that tt!e recommendation of City Man- ager Schiltz be approved, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 233-51 Whereas, Sub 1 of 2 of Sub 1 of Mineral Lot 72 and 1 of 10 of Mineral Lot 73 and 2 of Mineral 74, Lot 2, were deeded to Dubuque County August 8, 1941; and Whereas, the said Dubuque County, Iowa desires to sell the above described real estate fA Voelker Realty Company for $75: 00; and Whereas, the sale of said prop- erty by Dubuque County, Iowa to Voelker Realty Company for a sum less than the total amount stated in the tax certificate in- cluding all endorsements of sub- sequent general taxes, interests and costs requires the written approval of a majority of all the tax-levying and tax-certifying bod- ies having any interest in said general taxes; Now, Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa that the sale of said prop- erty to Voelker Realty Company for the sum of $75.00 in cash, be and the same is hereby authorized and approved. Passed, adopted and approved this 2nd day of July, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilmen 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. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of pro- posals for the construction of a six (8) inch vitrified file sanitary sewer in Paul Street from Lowell Street to a point 150 feet south, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10 A.M. July 2, 1951, for the con- struction of a six inch sanitary sewer in Paul Street. The one bid received exceeds the Engineer's Estimate by 42.8%. Kindly find the tabulation of the bid attached. The Council was informed at the time that the proceedings for this project were ordered that the cost of the project would greatly ex- ceed the legal assessment limit which could be levied against the single parcel of property involved. It is estimated that the City's share of the cost of the completed sewer will amount to approximately $1000.00. I recommend that the contract for the construction of this sewer be awarded to the Thos. Flynn Coal Co. and that the City bear the deficiency in the assessment at the time the prolect is completed and accepted. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Sec- i } . `~ ~, '} Regular Session, July 2, 1951 401 onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 234-51 Whereas, proposals have been submitted by contractors for the construction of a sanitary sewer in Paul Street from Lowell Street tc a point 150 feet south pursuant to Resolution No. 121-51 and Thomas Flynn Coal Company con- tractor, 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 Council- of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage al!d adoption by the City Council. Approved and placed on file for one week an July 2nd, 1951. Councilman Welu moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Garfield Avenue (west side) from the north property line of Emerson Street to the south property line of Roosevelt Street, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10 A.M. July 2, 1951 for the im- provement of Garfield Avenue (west side) from Emerson Street to Roosevelt Street. I recommend that the contract for the improvement of this por- tion of Garfield Avenue be awarded to the K-M Construction Company whose bid was the lowest and best received. Kindly find tabulation of bids attached. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb,. Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 235-51 Whereas, proposals have been submitted by contractors for the improvement of Garfield Avenue (west side) .from the north prop- erty line of Emerson Street to the south property line of Roosevelt Street pursuant to Resolution No. 101-51 and K-M Construction Company contractor, has sub- mitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque tlaat the contract for the above mentioned improvement be awarded to K-M Construction Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. 402 Regular Session, July 2, 1951 Councilman Welu moved that the resolution be approved and placed on file for one week. Sec- onded 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 to con- tractors . of the receipt of pro- posals for the construction of an eight (8) inch vitrified the sani- tary sewer in Kane Stret begin- ning at a point 200 feet north of the existing manhole in Kaufmann Avenue and terminating at a point 255 feet north of the point of be- ginning, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until ]0 A.M. July 2, 1951, for the con- struction of an eight inch sanitary sewer in Kane Street. The one bid received exceeds the Engineer's Estimate by 32,0%. Kindly find the tabulation of the bid attached. I recommend that the contract for the construction of this sewer be awarded to the Thos. Flynn Coal Co. since it is estimated that the deficiency between the project cost and the total assessable amount will amount to approxi- mately $300.00. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 23b-51 Whereas, proposals have been submitted for the construction of an eight (8) inch sanitary sewer in Kane Street beginning at a point 200 feet north of the existing manhole in Kaufman Avenue and terminating at a point 255 feet north of the point of beginning pursuant to Resolution Nn. 118-51 and Thomas Flynn Coal Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to Thomas Flynn Coal Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Councilman Welu moved that tLe resolution be approved and placed on file for one week. Sec- onded 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 to con- tractors of the receipt of proposals for the improvement of St, Joseph Street with curb and gutter from the west property line of Fremont Avenue to the east property line of Stetmore Street, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Regular Session, July 2, 1951 403 July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., July 2, 1951 for the im• provement of St. Joseph Street. I recommend that the contract be awarded to the Thos. Flynn Com- piny, whose bid was the lowest and best received. Kindly find ~i tabulation of bids attached. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- alter Schiltz be approved. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contrast) RESOLUTION N0. 231-51 Whereas, proposals have been submitted by contractors for the improvement of St. Joseph Street from the west property line of Fremont Avenue to the east prop- erty line of Stetmore Street pur- suant to Resolution No. 114--51 and Thomas Flynn Coal Company con- tractor, 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 Council of the City of Dubuque that the contract for the above men- , tinned improvement be awarded to Thomas Flynn Coal Company and the Manager be and he is hereby ' directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Councilman Kolb moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Marion Street with curb and gutter from the west property line of Fremont Avenue to the end of Marion Street, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, scaled bids were received until 10 A.M., July 2, 1951, for the im- provement of Marion Street. I re- commend that the contract for the improvement of Marion Street be awarded to the Thos. Flynn Com- pany, whose bid was the lowest and best received. Kindly find tabulation of bids attached. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-141ayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 238-51 Whereas, proposals have been submitted by contractors for the improvement of Marion Street from the west property line of Fremont Avenue to the end of Marion Street pursuant to Resolu- tion No. 109-51 and Thomas Flynn Coal Company contractor, has sub- mitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as 404 Regular Session, July 2, 1951 provided for in the plans and specifications; now. therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thomas Flynn Coal Company 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 be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Councilman Kolb moved that the resolution be approved and piaced on file for one week. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals fpr the improvement of Groveland Place from the west property line of Sheridan Street to the east prop- erty line of Burden Street, pre- sented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor, and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received until 10 A.M., July 2, 1951, for the im- provement of Groveland Place. I recommend that the contract for the improvement of Groveland Place be awarded to the K-M Con- struction Company whose bid was the lowest and best received. Kindly find tabulations of bids at- tached. Respectfully submitted, L. J. SCHILTZ, City Manager. CouncIlman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 2391 Whereas, proposals have been submitted by contractors far the improvement of Groveland Place from the west property line of Sheridan Street to the east prop- erty line of Burden Street pur- suant to Resolution No. 1031 and K-M Construction Company contractor, has submitted the lowest bid for the furnishing of ail labor and materials and per- forming the work as provided for it the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above men- ti~med improvement be awarded to K-M Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Councilman Welu moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Napier Street with curb and gutter from the east property line of Foye Street to a point 300 feet west, pre- sented and read. Councilman Kolb moved that proof of publication be received and filed. Seconded by Councilman i, F. Regular Session, July 2, 1951 405 Welu, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 Z'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., July 2, 1951, for the im- provement of Napier Street. I recommend that the contract for the improvement of Napier Street, be awarded to the Thos. Flynn Coal Company, whose bid was the lowest and best received. Kindly find tabulation of bids attached. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 240-51 Whereas, proposals have been submitted by contractors for the improvement of Napier Street from the east property line of I'oye Street to a point 300 feet west pursuant to Resolution No. 112-51 and Thomas Flynn Coal Company contractor, has sub- mitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thomas Flynn Coal Company 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 be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Councihnan Kolb moved that the resolution be approved and placed on file for one week. Sec- onded 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 to con- tractor of the receipt of proposals for the improvement of McLenan Street with curb and gutter from the north property line of Tressa Sheet to the south property line of Mt. Loretta Avenue, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 1'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., July 2, 1951, for the im• provement of McLenan Street. I recommend that the contract for the improvement of McLenan Street be awarded to the Thos. )`7ynn Company, whose bid was the lowest and best received. Kindly find tabulation of bids attached. Respectfully, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller,- Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 241-51 Whereas, proposals have been submitted by contractors for the improvement of McLenan Street from the north property line of 6. 406 Regular Session, July 2, 1951 Tressa Street to the south prop- e:-ty line of Mt. Loretta Avenue pursuant to Resolution No. 107-51 and Thomas Flynn Coal Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thomas Flynn Coal Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Councilman Kolb moved that the resolution be approved and placed un file for one week. Sec- onded by Councilman Welu. Car- ried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of Balke Street with curb and gutter from the north property line of Link Street to the south property line of Lowther Street, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., July 2, 1951, for the im- provement of Balke Street. I recommend that the contract for the improvement of Balke Sheet be awarded to the K-M Con- struction Company, whose bid was the lowest and best received. Kindly find tabulation of bids attached. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 24Z-S1 Whereas, proposals have been submitted by contractors for the improvement of Balke Street from the north property line of Link Street to the south property line of. Lowther Street pursuant to Resolution No. 97-51 and K-M Construction Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for m the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to K-M Construction Company and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Councilman Kalb moved that the resolution be approved and placed on file for one week. Sec- onded 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 to ~~ r Regular Session, July 2, 1951 407 contractors of the receipt of pro- posals for the improvement of Finley Street with curb and gutter from the south property line of University Avenue to the north property line of West Street, pre- sented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until i0 A.M., July 2, 1951, for the im- provement of Finley Street. I recommend that the contract for the improvement of Finley Street be awarded to the K-M Con- struction Company, whose bid was the lowest and best received. Kindly find tabulation of bids attached. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 243-51 Whereas, proposals have been submitted by contractors for the improvement of Finley Street from the south property line of University Avenue to the north property line of West Street pur- suant to Resolution No. 99-51 and R-M Construction Company con- tractor, 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 Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Ii-M Construction Company and the Manager be and he is hereby di- ratted to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for oc~e week on July 2nd, 1951. Councilman Kolb moved that the resolution be approved and placed on file for one week. Sec- onded 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 to contractors of the receipt of pro- posals for the improvement of Tressa Street with curb and gutter from the west property line of 14IcLenan Street to a point 191 feet e;ist, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., July 2, 1951, for the im- provement of Tressa Street. I recommend that the contract for the improvement of Tressa Street be awarded to the Thos. Flynn Company, whose bid was the lowest and best received. Kindly find tabulation of bids attached. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. 408 Regular Session, July 2, 1951 Regular Session, July 2, 1951 409 (Awarding Contract) RESOLUTION N0. 244-51 Whereas, proposals have been submitted by contractors for the improvement of Tressa Street from the west property line of McLenan Street to a point 191 feet east pursuant to Resolution No. 116-51 and Thomas Flynn Coal Company contractor, has sub- mitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thomas Flynn Coal Company and the Manager be and he is hereby directed to execute on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Councilman Kolb moved that the resolution be approved and plzced on file for one week. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to contractors of the receipt of pro- posals for the improvement of Fairway Drive with curb and gutter from the west property line of St, Ambrose Street to the east property line of Bunker Hill Road, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Rolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., July 2, 1951, for the im- provement of Fairway Drive. I recommend that the contract far the improvement of Fairway Drive be awarded to the Thos. Flynn Company, whose bid was the lowest and best received. Kindly find tabulation of bids attached. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, CouncBmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Confraet) RESOLUTION N0. 2451 Whereas, proposals have been submitted by contractors for the improvement of Fairway Drive from the west property line of St. Ambrose Street to the east prop- erty line of Bunker Hill Road pursuant to Resolution No. 1441 and Thomas Flynn Coal Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thomas Flynn Coal Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Councilman Kolb moved that ', of the resolution be approved and placed on file for one week. Sec- onded 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 to con- tractors of the receipt of proposals for the improvement of King Street from the south curb line of Broadway to the north curb line of Fulton Street, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., July 2, 1951, for the im- provement of King Street. Only one bid was received for this improvement amounting to 53.8% over the Engineer's Esti- mate. The tabulation of the bid is attached. I recommend that the bid for this improvement be rejected since it is far in excess of the amount which may legally be as- sessed against the benefitted property, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 246-51 A resolution increasing the amount of public funds authorized for distribution to banks appointed depositories. Be It Resolved by the City Council of the City of Dubuque that the City Treasurer is hereby authorized to distribute public funds in such banks as are ap- pointed depositories in amounts not to exceed the following: First National Bank $375,000.000; Ameri- can Trust and Savings Bank $050,000.00; Dubuque Bank and Trust Co.: $325,000.00. Be It Further Resolved that the City Treasurer be and is hereby directed to file with the County Treasurer of Dubuque County, Iowa a list of such depositories and to keep a list on file with the County Treasurer at all times. Passed, adopted and approved this 2nd day of July, 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. 241.1 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. Joseph A. Paradiso, 1142 Iowa Street, Roger M. Bertsch, 326 Main Street. Disabled American Veterans Club, 951'/a Main Stret. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Avenue. Larry B. Kemp, 1200 Iowa Street. Robert M. Austin. 101 Main Street. Be It Further Resolved that the bonds filed with the applications be approved. 410 Regular Session, July 2, 1951 Regular Session, July 2, 1951 411 Passed, adopted and approved this 2nd day of July, 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. 248-91 Whereas the Planning and Zon- ing Commission has filed a report recommending the denial of the petition of Kathryn Cooper and others, requesting a rezoning of the premises. m the rear of 540 Bluff Street, but has recommended the rezoning of a larger area into a multiple residence classification; 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 hearing on the question of chang- ing the present two-family resi- dence district to multiple family residence district in the area bounded as follows; From the west side of Bluff Street at the intersection of Bluff and West Fifth Street, to the south side of Eighth Street, to the south- easterly side of Hill street, to the north side of Fifth Street. That the time and place of said hearing be and the same is hereby fixed for 7:30 o'clock P.M. on the 6th day of August, 1951, in the Crty Council Chamber in the City Hall, Dubuque, Iowa; That the City Clerk be and he is hereby directed to cause to be published io 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 publication and the day fixed for said hearing, and that said notice shall contain among other things the provision that any and all parties in interest and any and all citizens shall have an oppor- tunity to object and be heard. Passed, adopted and approved this 2nd day of July, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Counclaman Welu moved the aaoption of the resolution. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of the Interstate Power Company submitting state- ment covering the results of oper- at;on of electric and transportation departments for the year ending December 31st, 1950, presented and read. Councilman Welu moved that the communication and statement be received and placed on file. Seconded by Councilman Kolb. Curried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu 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 Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Interstate Power Company requesting a revision in their electric rates, presented and read. Mr. C. E. Dove, District Manager of the Interstate Power Company addresed the Council in support of the petition. Councilman Austin moved that action be deferred on ~_ p the petition until the Council meet- ing of July 16th, 1951. Seconded by Councilman Kolb. Carried 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. SHEA, City Clerk. Approved .................. 1951 Adopted ................... 1951 Councilmen .................................... Attest :................................................. . City Clerk 412 Special Session, July 16, 1951 City Council (OFFICIAL) Special Session, July 16, 1951, Council met at 7:30 P.bI. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Meeting called by order of Councilmen 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 final adoption resolutions awarding contracts for various improvements and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of hearing upon the question of the vacation of a portion of Charter Street and the conveyance of same to the abutting property owners, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. 31-51 An Ordinance for the vacation o{ that part of Charter Strcet lying between the easterly line of South Main Street and the westerly line extended to 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 so vacated to the In- ternational Harvester Company, and the southerly half thereof to the Crescent Realty Corporation, said ordinance having been passed upon first reading on June 22nd, 1951 and ordered placed on file with the City Clerk for public in- spection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE N0. 31-51 An Ordinance for the vacation of 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 Raiiroad Com- pany, and providing for the con- veyance of the northerly half of said street so vacated to the In- ternational Harvester Company, Company, and the southerly half thereof to the Crescent Realty Corporation. Whereas the International Har- vester Company and the Crescent Itsalty Corporation are the owners, respectively, of the property abut- ting on that portion of Charter Street hereinafter described and have filed their petition for the vacation of that portion 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; and Whereas that portion of Charter Street above mentioned is an un- used street except as occupied and travelled by the adjoining owners aforesaid and is not now used or needed for public travel and there is little likelihood that it will be so needed or used in the future; and Whereas said petition has been srbmitted to the Planning and Zoning Commission and said Com- mission has filed its report with the City Council finding that said portion of Charter Street above described is not now used or needed for public travel and there is little likelihood that it will be so used or needed in the future and has recommended the approval of said petition; Now Therefore Be It Ordained By The City Council Of The City Uf Dubuque, Iowa; Section 1. That 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 Company, be and the s~:me is hereby vacated: Section 2. That said petitioners cause a plat to be made of said vacated area giving the same distinctive lot descriptions and after filing said plat with the County Recorder of Dubuque County, Iowa, the Mayor and i Special Session, July 16, 1951 413 Clerk of the City of Dubuque are hereby authorized and directed to make, execute and deliver Quit Claim Deeds conveying the north- erly half of said street hereby vacated and as designated on said plat, to the International Harvester Company, and the southerly half thereof as designated on said plat to the Crescent Realty Corpora- tion; Section 3. That the City Clerk be and he is hereby directed to file in the office of the Recorder of Dubuque County, Iowa, a cer- tified copy of this Ordinance; Section 4. That this Ordinance shall be in force and effect from and after its final passage, adop- tion and publication as provided by law. Section 5. The cost of the pub- lication of this Ordinance shall be paid by petitioners. Introduced June 22, 1951. Rule requiring reading on three separate days suspended by unani- mous vote June 22, 1951. Passed, adopted and approved this 16th day of July, 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 20th day of July, 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. Proof of publication, certified to by the publishers, of notice of public hearing on the question of extending the present Light In- dustrial District to include Lot 2 of Lot 1 of Heim Subdivision, pre- sented and read. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 32-51 An Ordinance amending and changing the zoning map of the City of Dubuque as provided ' by Ordinance No. 3-34 so as to change certain property hereinafter de- scribed from "Single Family Dis- trict Classification" to "Light In- dustrial District Classification," presented and read. Concuilman 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, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the ordinance be placed on file with the City Clerk for public in- spection 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, Welu. Nays-None. Froof of publication, certified to by the publishers, of notice of public hearing on the plans, speci- fications, form of contract and cast of improvements for the con- struction of a utility building for Allison-Henderson Memorial Park, presented and read, Councilman Kolb moved that t}:e proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. 414 Special Session, July 16, 1951 ~ Special Session, July 16, 1951 415 Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the construction of a utility building for Allison-Henderson Memorial Park, presented and read. Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 206-51 Whereas, proposed plans, specifi- cations and form of contract have bten duly prepared and approved by the City Council of the City of Dubuque and are now on file io the office of the City Clerk show- ing among other things an estimate of cost for the construction of a Utility Building for the Allison- Henderson Memorial Park. Be It Resolved that the City Council on its own motion deems ii 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 improvements, they shall be deemed to have waived all ob- jections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared by Dur- rant and Bergquist, Architects, Dubuque, Iowa, which have been approved by the City Council and are on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the Playground Im- provement Fund when a contract has been performed and accepted. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk Passed, adopted and approved this 16th day of July, 1951. Approved: 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. Proof of publication, certified to by the publishers, of notice of ad- vertisement for bids for construc- tion of utility building for Allison- Henderson Memorial Park, present- ed and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 16, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your in- structions sealed bids were re- ceived until 2:00 p.m. July 16, 1951 for construction of a Utility Building at Allison -Henderson Park. I recommend that the contract for the Utility Building be award- ed to the Willy Construction Com- pany of Dubuque whose bid was the lowest received. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved, Second- ed by Councilman Kolb. Carried by the following vote: ~~ (Awarding Contracf) RESOLUTION N0. 249-51 Whereas, proposals have been submitted by contractors for the construction of a utility building at Allison-Henderson Memorial Park and Willy Construction Co. of Dubuque, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and mater- ials 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 mention- ed improvement be awarded to Willy Construction Co. of 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 pas- sage and adoption by the City Council. Approved and placed on file for one week on July 16th, 1951. Councilman Welu moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Law Offices of CHAPMAN AND CUTLER 111 West Monroe Street Chicago 3, Ill. July 3, 1951 We hereby certify that we have examined certified copy of the pro- ceedings of the City Council of the City of Dubuque, in Dubuque Coun- ty, Iowa, passed preliminary to the issue by said City of its One and three-quarters per cent Sewer Bonds to the amount of $210,000, dated June 1, 1951, denomination $1000, numbered from 1 to 210, in- clusive, due in numerical order $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 we are of the opinion that such proceedings show lawful au- thority for said issue under the laws of the State of Iowa now in force. We further certify that we have examined executed bond number one and find the same in due form of law and in our opinion said issue, to the amount named, is valid and legally binding upon said City of Dubuque and all tax- able property in said City is sub- ject to the levy of taxes to pay the same. Chapman and Cutler. Councilman Welu moved that tl~e opinion 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. Nays-None. IOWA STATE HIGHWAY COMMISSION CEDAR RAPIDS, IOWA June 12th, 1951 City Clerk, City of Dubuque, Dubuque, Iowa. Dear Sir: We are attaching, for your file, au approved contract covering Ordinary Road Extension Main- tenance in your city. Very truly yours, R. M. TUTTON, Asst. Dist. Engr. Councilman Kolb moved that communication be received and the City Manager authorized to execute the contract on behalf of the City of Dubuque, Iowa, and that the contract be placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Rock Wool Home Insulation Co. requesting in- formation as to the procedure of installing aluminum awnings above entrances to business establish- ments on Main Street, presented and read. Councilman Welu moved that the communication be referred to the City Manager for action and report. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. this 22nd day of June, 1951, Yeas-Mayor Russo, Councilmen Ar~,.,,~ed and placed on file for Austin, Kolb, Schueller, Welu. final action. Nays-None. ) ,i 416 Special Session, July 16, 1951 Communication of Frank Specht submitting offer to lease city owned property on Valley Street, presented and read. Councilman Kolb moved that the communication be referred to the City Manager for recommenda- tion and report. Seconded by Coun• Gilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mr. & Mrs. L. J. Breuer and others, property own- ers and residents of Foye Street and Merchants Lane, requesting that a street light be erected at Foye Street and Merchants Lane at foot of Seminary steps, presented and read. Councilman Welu moved that the petition be referred to the City Manager and Electrical Inspector for recommendation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Donald T. Murphy and others requesting that a street light be erected in the vicinity of 3116 Brunswick Street, presented and read. Councilman Welu moved that the petition be referrea to the City Manager and Electrical Inspector for recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Paul C. Farni and others; residents and property owners, requesting that the sani- tary sewer in Kaufman Avenue be extended approximately 600 feet to serve their property in Burton's Audition, presented and read. Councilman Welu moved that proper proceedings be prepared for the construction of the sanitary sewer as requested. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the Dubuque Metal Trades Council asking that the City Council take steps to effect a suitable solution to the traffic situation which has developed on East 12th Street from the Chicago Great Western Railway Company tracks and the Chicago, Milwaukee, St. Paul and Pacific Railroad Com- pany tracks east as this situation has reached such a stage that it creates a hazardous condition for public trucks in this section, pre- sented and read. Councilman Schueller moved that the petition be referred to the City Manager, Chief of the Fire De- partment and Chief of Police for their recommendation and report. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councihnerr Austin, Kolb, Schueller, Welu. Nays-None, Petition of Lester M, Lochner and Larry B. Kemp requesting a refund in the amount of $150.00 on the unexpired portion of their Class "B" Beer Permit No. 8, as they have dissolved partnership on July 16, 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 $150.00 in favor of 1,ester M. Lochner and Larry B. Kemp to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 8. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of L. A. Adamac and others, property owners in High- land Park Addition, Hillcrest Park and Mineral Lot 263, requesting the extension of the city water mains approximately 750 feet along the southerly boundary of high- land Park Addition, from the south- east corner of Lot 1 of said Ad- dition to the southwest corner of Lot 20, presented and read. Councilman Welu moved that tt~e petition be referred to the City bIanager and Water Superintendent for their recommendation and re- port. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. `, F;~~ :3 Special Session, July 16, 1951 417 Proof of publication, certified to by the publishers, of the official publication of Ordinance No. 29-51, an Ordinance amending Ordinance No. 25-51, 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. July 13, 1951 To the Honorable Mayor and Irlembers of the City Council, Dubuque, Iowa. Gentlemen: In accordance with the pro- visions of the Code of Iowa, 1950, the Civil Service Commission con- ducted apromotional examination on April 25th, 1951 for those seek- ing promotions on the Fire De- partment. The following are the names of those who passed with an average of 70 per cent or better. All promotions on the Fire De- partment should be made from this list. CAPTAINS Names Aver Clarence H. Kearney 97 5 Ben J. O'Leary 97 4 V. G. Weber 951 Edw. L. Gerhard 891 Robt. J. Dunphy 88 4 LIEUTENANTS Leroy J. Hantelman 971 Leo J. Chambers 93 Wm. J. Lynch 921/ Frank R. Kaiser 89 5/ Vincent J. Kolb 81 Paul J. Corbett 77 4/ Elton White 74 3/ ENGINEERS Eldon H. Strohmeyer 88 Donald J. Weidenbacher 76 Carl J. Winter 742 Jahn F. Doyle 72.6 Respectfully subm itted, LOUIS J. LAGEN Chairman C. S. HARKER, Members, Civil Ser Commission, Attest: J. J. SHEA, Clerk. age /6% /6% /2% /2% /6% /6% 6% 6%a 6% 6% vice Subscribed and sworn to before me this 13th day of July, 1951. GERALDINE L. JENNI, Notary Public Councilman Kolb moved •that tl~e report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 14, 1951 1'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Joseph Bartman dated March 12, 1951, requesting the installation of curb and gutter and Street improvements on Argyle Street from Lowther to Gcethe St; eets was referred to the City Engineer for the preparation of a plat and schedule, The Engineering Department has carefully analyzed the field data obtained and has arrived at the following conclusions: 1. The improvement of Argyle Street with curb and gutter for a minimum width of 30 feet is physically impossible due to the great difference in elevation of existing improvements from the east to the west side of the street. 2. An attempt to set curb grades which would allow access to abutting property would result is a lateral slope of from 2 to 3 feet in the street width. 3. The existing grades at the intersection of Argyle, Lowther and Sheridan are such that to improve the drainage at the intersection, Lowther and Sheridan Streets would have to be redesigned for some distance approaching the intersection. It is recommended, therefore, that the improvement of Argyle Street be deferred until such time in the future that the difficulties noted above may be resolved to the satisfaction of the residents of the area. Respectfully submitted, R. J. GALLAGHER, City Engineer. Councilman Welu moved that the communication be referred to the City Manager for recommen- dation and report as to street im- provement. Seconded by Council- 418 Special Session, July 16, 1951 man Kolb, Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolg, Schueller, Welu. Nays-None. July 13, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In line with the action of your Honorable Body at a session of City Council Feb. 23, 1951, when you instructed, "That the Plan- ning and Zoning Commission be instructed to study the objections raised to the proposed Tourist Camp Trailer Control Ordinance and also that the Planning and Zoning Commission be authorized to consider a proposed Tourist Camp and Trailer Control Ordin- ance in the light of the objections presented and submit recommen- dations and report back to the City Council," the Planning and Zoning Commission herewith pre• serts it's report and recommenda- tions in the form of attached pro- posed amendments to The Zoning Ordinance of the City of Dubuque. The Commission feels that these changes will provide protection to the health, safety and welfare of the users of trailers as well as to the general public, encourage the establishment of improved facilities to the benefit of the in- dustry as a whole. Treating this problem by amendment to the Zoning Ordinance has decided ad- vantages insofar as existing facil- ities for handling complaints through the Board of Adjustment, supervision and enforcement need net be duplicated. The Planning and Zoning Com- mission respectfully recommends tl~e adoption of this proposed re- vision of the Zoning Ordinance of the City of Dubuque. Your truly, Dubuque Planning and Zoning Commission. By Secretary R. V. McKay. Councilman Kolb moved that action be deferred on the re- commendation of the Planning & Zoning Commission until the Coun- cil meeting of August 6th, 1951. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 11th, 1951 Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: The present Ordinances provid- ing for the election and organiza- tion of the City Council fixing and defining the fiscal year; prescrib- ing the manner of prosecuting actions brought for the violation of City Ordinances have all be- come somewhat outmoded as a result of Legislation becoming effective July 4th of this year, Herewith are submitted pro- posed Ordinances to take the place of those which have become out- moded. Sincerely, T, H. NELSON. Councilman Welu moved that the communication of City Solicitor Nelson 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. Nays-None. ORDINANCE N0. 33-51 An Ordinance prescribing the manner of prosecuting actions brought for the violation of the City Ordinances; providing for the compensation of the Police Magis- trate and Bailiff; and repealing Ordinance No. 73, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Welu. 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- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ~, e,Y~ "~ w„ i t. Special Session, July 16, 1951 419 Councilman Kolb moved that tt~.e ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 34-51 An Ordinance fixing and defining thy, fiscal year for the City of Du- buque to provide for the making of Annual Appropriations of Funds to be expended during the ensuing year and repealing Ordinance No. 80, presented and read. Counci]man Kolb moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller. 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- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the ordinance be placed on file with the City Clerk for public in- spection for 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. ORDINANCE N0. 35-51 An Ordinance providing for the organization of the City Council and repealing Ordinance No. 92 and Ordinance No. 20.41, presented and read. Councilman Kolb moved that ac- tion be deferred on the ordinance until the Council meeting of August 6th, 1951. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the rules be suspended for the pur- pose of allowing any present in the Council Chamber, who wishes to do so, to address the Council, Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 16th, 1951 Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: The Rules of Order of the City Council have become somewhat outmoded due to the passage of time. Herewith are sub- mitted proposed new Rules of Or- der for your consideration and adoption. Respectfully, T, H. NELSON Councilman Schueller moved that the communication of City Solicitor Nelson be received and made a matter of record. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 250-51 Resolution establishing Rules of Order for the City Council of the City of Dubuque and repealing all prior Rules of Order. Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That the following be and the same are hereby adopted as the Rules of Order of the City Council of the City of Dubuque: "Rule 1. The rules of procedure and order of business shall be strictly adhered to by the City Council, unless they shai be tem- pcrarily suspended by the con- sent of three-fourths of the Coun- cilmen present. Rule 2. The City Council shall meet regularly on the first Mon- day of each month, at 7:30 o'clock p.m. Rule 3. The Mayor, when pres- ent, shall preside at meetings of the Council. Rule 4, At all meetings of the Council a majority of all the Councilmen elected shall consti- tute aquorum to do business, but a minority may adjourn from day to day and compel the attendance 420 Special Session, July 16, 1951 , of absent members, by a fine of not to exceed ten dollars for each and every such offense. Rule 5. At the hour of meeting, the members shall be called to order by the Mayor, or in his absence, by the Clerk, who shall proceed to call the roll, note the absentees, and announce whether a quorum be present. If made necessary by the absence of the Mayor the members may elect one of their number Chairman for the occasion. Upon the appearance of a quorum, and being duly organ= ized, the Council shall proceed to the business before them, which shall be conducted in the order following: 1. Presentation of bills. 2, Presentation of petitions and communications. 3. Reports of officers. 4. Reports of Commissions and Committees. 5, Unfinished business of pre- ceding meetings. 6. Motions, resolutions and no- tices. Rule 6. The Mayor shall pre- serve order and decorum, and shall decide questions of order, subject to appeal to the Council. Rule 7. While the Mayor is put• ling the question no member shall walk across or out of the Council room. Rule 8. No member shall leave the sittings of the Council without leave of the presiding officer. Rule 9, Persons other than mem- bers of the Council, shall not ad- dress the Council otherwise than in writing, which shall be on file with the City Clerk prior to 4 o'clock of the afternoon preceding the meeting. Rule 10. While a member is speaking no member shall enter- tain private discourse, or pass be- tween him and the Chair. Rule 11. Every member who shall be present when a question is stated from the Chair, shall vote thereon, unless excused by the Council, or unless he be direct- ly interested in the question, in which case he shall not vote. Rule 12. If the question in de- bate contains several distinct propositions, any member may have the same divided. Rule 13. When a blank is to be filled and different sums and terms are proposed, the question shall first be put upon the largest sum and longest time, Rule 14. Motions on the subject under consideration shall have precedence in the following order: 1. To lie on the table. 2. To postpone. 3. To commit. 4, To amend. Rule 15. A motion to adjourn shall always be in order, except that it shall not be repeated with- out the intervention of some other proceeding; it shall have prece- dence over all other motions, and shall he decided without debate. Rule 16. A motion for the "pre- vious question," to lie on the table, or to commit, shall, until it is de- cided, preclude all amendment and debate on the main question, and a motion to postpone indefinitely, or to a certain day, shall, until it is decided preclude all amend- ments on the main question. Rule 17. The "previous question" shall be as follows: "Shall the main question be now put?" Rule 18. A motion to reconsider shall not be entertained except on the same day, or at• the next suc- ceeding regular meeting after the day on which the vote was taken and shall be made only by a mem- ber who voted with the majority. Rule 19. All appointments to of- fice by the Council shall be by ballot or viva voce, as the Council shall determine, and a majority of the members present shall be necessary to a choice. Rule 20. The Clerk shall direct all papers to appropriate Com- mittees and officers, as early as the next day after the reference shall have been made and shall deliver the same. The Clerk shall attend all meetings of the Council. Rule 21. The City Manager shall have charge of the Council room, shall attend all the meetings of the Council and shall preserve order. Rule 22. The Council shall keep a journal of its proceedings, which shall be open at all times for in• spection; shall make and enforce rules for its government; compel the attendance of absent mem- h. ., ~ ~, r Special Session, July 16, 1951 421 bers, when necessary, and punish for disorderly conduct. Rule 23. No personalities or re- flections injurious to the feelings of any member, or the harmony of the Council, shall be tolerated, and every person indulging in such personalities shall be called to order by the Chair. Rule 24. All voting shall be by aye and nay vote and shall be re- corded by the City Clerk. Rule 25. Special meetings shall be called in accordance with the Statute:' Section 2. That all Rules of Or- der heretofore adopted by the City Council are hereby repealed. Section 3. This Resolution shall be in full force and effect im- mediately upon its adoption and publication as provided by Law. Adopted this 16th day of July, A.D. 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 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, Welu. Nays-None. To the Honorable Mayor and City Council of the City of Dubuque, Iowa Gentlemen: On February 12, 1951, the claim of Leona Meggen- berg, in the sum of $7,500.00 for personal injuries sustained by her when she fell on the South cross- walk at the intersection of West Third and Hill Street in Dubuque, was filed with the City Clerk, and subsequently referred to this office for investigation and report. An investigation was made and from said investigation it developed that claimant broke her leg as a result of said fall and sustained considerable damage as a result thereof. A further investigation of the place where she fell revealed an icy condition of such serious nature that it was deemed advis- able to compromise and settle the claim if possible. After conferring with claimants attorney, we have obtained an agreement of settlement and com- promise in the sum of $2,000.00 and recommend that said compro- mise agreement be ratified and that the Auditor be instructed to draw a warrant in favor of Louis F. Fautsch, Attorney for Leona Meggenberg in the sum of $2,000.00 to be delivered to him upon the execution of a release properly executed by the claimant. Respectfully submitted, Robert M. Czizek, Asst. City Solicitor. Councilman Welu moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $2,000.00 in favor of Louis F. Fautsch, Attorney for Leona Meg- genberg, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly ex- ecuted release. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 16, 1951 Mr. L. J. Schiltz, City Manager Dubuque, Iowa Dear Sir: Attached is Lease Agreement with Pure Oil Company for the Council Records. Yours very truly, City of Dubuque, Board of Dock Commissioners by J. A. Kerper, President Councilman Welu moved that the communication be received and the Lease Agreement placed on file. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 14, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I herewith submit reports of the City Auditor, City Treasurer and City Water Works ... , ~._ 422 Special Session, July 16, 1951 for the month of June 1951; also list of claims and list of payrolls for the month of June 1951. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 14, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In making an inspec- tion of the street lighting condi- tions on Davenport Street and also at the corner of Dexter and Atlantic Streets, I submit the fol- lowing recommendations: 1. That a street light be in- stalled at the intersection of Atlantic Street and Dexter Street. 2. That a street light be in- stalled at the intersection of Davenport and National Streets, and at the corner of Davenport and Stoltz Streets, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Schueller moved that the recommendation of City Manager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 14, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am attaching the letter of resignation of Mr. R. J. Gallagher, City Engineer, so that it can be made a matter of record. I am also attaching a copy of my letter to Mr. Gallagher accepting the resignation. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the communication be received and made a matter of record. Second• ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 16, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen, 'Phis is to advise you that I have appointed Kenneth J. Cullen City Engineer effective August 6, 1951. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kolb moved that the appointment be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 16, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I recommend that a study be made to determine the reasonableness of the proposed rates of the Interstate Power Com- pany for service rendered to the users in the corporate limits of the city. This study will take approximate- ly forty-five (45) days and should be in the hands of the City Council by September first. It is my recommendation that any action on rate changes should be deferred until this report is available for study by the Council. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kalb 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. 251-51 Whereas, the City Council of the City of Dubuque is desirous of determining fair and equitable. rates for electrical energy in said city, and Whereas, in order to make such determination this Council has heretofore directed the City Man- ~.r <<r t M Special Session, July 16, 1951 423 alter to seek outside technical as- sistance, and Whereas, the City Manager in futherance of such purpose has retained the consulting firm of Laramore and Douglass, Inc,, 79 East Adams Street, Chicago, Ill• inois, to make a study of the rea• sonableness of the proposed rates of the Interstate Power Company for electricity and transportation service rendered: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the action of the City Manager in employing the firm of Laramore and Douglass, Inc. be and is here- by approved. Passed, adopted and approved this 16th day of July 1951. ROMOLO N, RUSSO, Mayor CLARENCE P. WELD, RAY F. 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, 1'Uelu. Nays-None. July 14, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of Les- ter 0. Demkier and others request- ing the improvement of Rowan Street was referred to the City Manager to act with other depart- ments for investigation and report back to the City Council. A plat has been prepared of this area showing the property affected by special assessment and it is recommended that the procedure to be followed is that as provided for in Chapter 391A of the Code of Iowa. This Chapter provides that the valuation of each parcel of property be fixed by the City Coun- cil or by a committee of three persons skilled in the knowledge of real estate values to appraise the fair market value of each lot. I would recommend that a com- mittee of three persons be ap- pointed to set these valuations. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 252-51 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: 1. That proceedings be institut- ed under Chapter 391A of the 1950 Code of Iowa as amended for pav- ing of Rowan Street from the south property line of South Grand- view Avenue to the corporation limits. 2. That the City Engineer is hereby directed to prepare pre- liminary plans and specifications, an estimated total cost of the work, and a plat and schedule and to file the same with the City Clerk. 3. That the City Council be- lieves the property lying for a distance of 300 feet on each side of Rowan Street between South Grandview Avenue and the cor- poration limits will be specially benefitted by such improvement. 4. That the City Council pro- poses to assess not over 80 per centum of the total cast of such im- provement against such benefitted property as provided by said Chap- ter 391A. 5. That such improvement is hereby designated as and shall hereafter be known as the "Rowan Street Improvement." Passed, adopted and approved this 16th day of July, 1951, ROMOLO N. RUSSO, Mayor CLARENCF. P. WELU, RAY F. 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 Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. 424 Special Session, July 16, 1951 RESOLUTION N0. 25351 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: 1. That Edw. Kuehnle, Chris Voelker, and Earl Bush of the City of Dubuque, Iowa, all being persons skilled in the knowledge of real estate values within the City of Dubuque, Iowa are hereby appointed a committee to appraise the present fair market value of each lot within the Rowan Street Improvement Assessment District. 2. That immediately upon the completion thereof said commit- tee shall file a written report of its appraisal with the City Council. 3. That said committee shall be compensated at the rate to be ar- ranged by the City Manager. Passed, adopted and approved this 16th day of July, 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 Schueller moved the adoption of the resolution. Second- ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, July 18, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Attached is a sum- mary of bids received by the City Clerk for furnishing the City of Dubuque one Motor Patrol and one Tractor with end loader. I hereby transmit to you the fol- lowing recommendations: 1, That the City purchase a Gal- ion Motor Patrol Model 118 from Clem Fluery Equipment Company even though it is a larger machine than specified and practically the same cost as two other machines of smaller size. The price of the Galion Model 104 is the lowest re- ceived; however, the difference in price is exceptionally small. 2, That the city purchase the tractor and end loader from Duke- hart Hughes Tractor & Equipment Company at the low bid of $9,150,00. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the bids received for the furnishing of a Motor Patrol be rejected be- caGse of only one bid being re- ceived far the furnishing of a 100 H. P. machine. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that competitive bids be received for the furnishing of a 100 H.P. Motor Patrol at the earliest possible date. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the City Manager be authorized to ac- cept the best bid received for the purchasing of a 100 H.P. Motor Patrol after conferring with the City Council. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the recommendation of City Manager Schiltz, recommending that the City purchase a tractor and end loader from Dukehart Hughes Tractor & Equipment Company, be approved. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract RESOLUTION N0. 254-51 Rlhereas, proposals have been submitted by contractors for the purchase of a Tractor and End Loader and Dukehart Hughes Tractor and Equipment Co. of Des Moines, Iowa contractor, has submitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and specifications; now therefore, Special Session, July 16, 1951 425 Be It Resolved by the City Council of the City of Dubuque that the contract for the above men- timed improvement be awarded to Dukehart .Hughes Tractor and Equipment Co. of Des Moines, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per• formance of said work. Be It Further Resolved that this resolution being deemed urgent m and of immediate necessity be- came effective from and after its passage and adoption by the City Council. Fassed and adopted this 16th day of July, 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 Kolb 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. 255-51 • ~5'hereas an application has been filed with the City Council request- ing that a permit be issued for the erection of a~ canopy of incombus- tible material along the north and west side of the building presently owned by the Archdiocese of Du• buque and leased by the Sorkin Mercantile Company, and Whereas the City Council, after due consideration is of the opinion that the request should be granted, ' Now Therefore, Be It Resolved ~_, by the City Council of the City of Dubuque: Section 1. That the Archdiocese of the City of Dubuque and Sorkin Mercantile Company be and they are hereby granted the right and authority to construct and main- tain acanopy along the north and west side of the building, in ac- cordance with the plans now on file, said building being located on the southeast corner of 7th and Main Streets in the City of Dubuque, providing that the con- „ struction thereof is in accord with the plans now on file; Section 2. That such construc• tion shall be done under the super- vision and direction of the building Commissioner and the City Man- ager of the City of Dubuque and any rules and regulations they may reasonbly prescribe; Section 3. That the right to con- struct and maintain said proposed canopy shall be subject to the continuous control of the City CouncIl, reserving the right to said City Council to impose restric- tions and conditions upon the en- joyment thereof as said City Council may deem necessary for the protection of the public in- terest, including the right to re- voke and rescind the grant hereby made; Section 4. As a further consider- ation of the rights and privileges herein granted, the said Archdio- cese of the City of Dubuque and Sorkin Mercantile Company, their successors and assigns, assume any and all liability for damages to persons or property which may result from the construction or maintenance of said proposed canopy. Said applicant, their suc- cessors and assigns, at their own expense, agree to pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the con• struction and maintenance of said canopy sustained by any person or persons, caused by accident, or otherwise. Said applicants shall defend at their own expense, and o;i behalf of said City, any claim against said City arising out of the construction or maintenance of said canopy, Said applicants further agree to file with the City of Dubuque and keep in force and effect a liability insurance policy, with an approved insurance com- pany in the amount of $10,000.00 Dollars, covering all of such liability including the costs of defending said claims as afore- said. Acertificate shall be filed with said City annually certifying r, ~ 426 Special Session, July 16, 1951 tlrat said policy is in full force and effect. Section 5. Should the rights and privileges herein granted be re- scinded or revoked, the Archdio- cese of Dubuque and Sorkin Mer- cantile Company, their successors and assigns, shall, within thirty days after receipt of written notice from said City so to do, at it's own expense, remove said canopy, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said canopy at applicant's expense, assess the cost thereof against the premises, and destroy the canopy, and neither applicant nor the owners of the premises shall have any claim against said City, or its agents for damages result- ing from the removal of said canopy. Section 6. This resolution shall become effective and the rights hereunder shall accrue to the Archdiocese of the City of Dubuque and the Sorkin Mercantile Com- pany when this resolution has been passed by the City Council and accepted by said applicant's and the owners and lessees of the premises by acceptance endorsed on this resolution and when the i,~surance policy is placed on file as provided herein. Passed, adopted and approved this 16th day of July, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBE . V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 234-51 Whereas, proposals have been submitted by contractors for the construction of a sanitary sewer in Paul Street from Lowell Street to a point 150 feet south pursuant to Resolution No. 121-51 and Thomas Flynn Coal Company con- tractor, 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 Ccuncil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thos. Flynn Coal Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week July 2nd, 1951. Passed and adopted this 16th day of July, 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 Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen At;stin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 235-51 Whereas, proposals have been submitted by contractors for the improvement of Garfield Avenue (west side) from the north prop- erty line of Emerson Street to the south property line of Roosevelt Street pursuant to Resolution No. 1C1-51 and K-]4T Construction Com- pany contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for u; the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that Special Session, July 16, 1951 427 the contract for the above men- tioned improvement be awarded to K-M Construction Company and the Manager be and he is hereby • directed to execute a contract on behalf of the City of Dubuque for the complete performance of said viork. s j ,, ~r Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Passed and adopted this 16th day of July, 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 Schueller moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 236-51 Whereas, proposals wave been submitted by contractors for the construction of a sanitary sewer in Kane Street beginning at a point 200 feet north of the existing manhole in Kaufman Avenue and terminating at a point 255 feet north of the point of beginning pursuant to Resolution No, 118-51 and Thomas Flynn Coal Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for •in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Thomas Flynn Coal Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete per- formance of said work. Be If; Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Passed and adopted this 16th day of July, 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 Schueller moved the aroption of the resolution. Seconded by Councilman Kalb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 231-51 Whereas, proposals have been submitted by contractors for the improvement of St. Joseph Street from the west property line of Fremont Avenue to the east prop- erty line of Stetmore Street pur- suant to Resolution No. 114--51 and Thomas Flynn Coal Company contractor, has submitted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that tl~e contract for the above men- tioned improvement be awarded to Thomas Flynn Coal Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete per• formance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Cvuncil. 428 Special Session, July 16, 1951 Approved and placed on file for one week on July 2nd, 1951. Passed and adopted this 16th day of July, 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 Kolb 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. (Awarding Contract) RESOLUTION N0. 238-51 Whereas, proposals have been submitted by contractors for the improvement of Marion Street from the west property line of Fremont Avenue to the end of Marion Street pursuant to Reso• lution No. 109-51 and Thomas Flynn Coal Company contractor, 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; uow 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 Thom- as Flynn Coal Company and the Manager be and be is hereby di• rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Passed and adopted this 16th day of July, 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 Kolb 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. (Awarding Contract) RESOLUTION N0. 239-51 Whereas, proposals have been submitted by contractors for the improvement of Groveland Place from the west property line of Sheridan Street to the east prop- erty line of Burden Street pursu- ant to Resolution No. 103.51 and K-M Construction Company con- tractor, 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 K-M Construction Company and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951, Passed and adopted this 16th day of July, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, ,LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, Ctiy Clerk Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Special Session, July 16, 1951 429 (Awarding Contract) ~ RESOLUTION N0. 240-51 Whereas, proposals have been submitted by contractors for the improvement of Napier Street from the east property line of Foye Street to a point 300 feet west pur- suant to Resolution No. 112.51 and Thomas Flynn Coal Company con- tractor, 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 Dubuuue that the contract for the above mentioned improvement be awarded to Thom- as Flynn Coal Company and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and ofimmediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for ~+ one week on July 2nd, 1951. Passed and adopted this 16th day of July, 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 Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. ~' Nays-None. (Awarding Contract) RESOLUTION N0. 241-51 Whereas, proposals have been submitted by contractors for the improvement of McLenan Street from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue pur- suant to Resolution No. 107-51 and Thomas Flynn Coal Company con- tractor, 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 Thomas Flynn Coal Company and the Manager be and he is here• by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Passed and adopted this 16th day of July, 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 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, (Awarding Contract) RESOLUTION N0. 242-51 Whereas, proposals have been submitted by contractors for the improvement of Balke Street from the north property line of Link Street to the south property line of Lowther Street pursuant to Resolution No. 97.51 and K-M Con- struction Company contractor, has submitted the lowest bid for the furnishing of all labor and mater- ials and performing the work as provided for in the plans and speci- fications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to K-M Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for 430 Special Session, July 16, 1951 the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity be- come effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951, Passed and adopted this 16th day of July, 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 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. (Awarding Contract) RESOLUTION N0. 243-51 Whereas, proposals have been submitted by contractors for the improvement of Finley Street from the .south property line of University Avenue to the north property line of West Street pur- suant to Resolution No. 99.51 and K-M Construction Company con- tractor, 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 K-M Construction Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas• sage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951. Passed and adopted this 16th day of July, 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 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, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 244-51 Whereas, proposals have been submitted by contractors for the improvement of Tressa Street from the west property line of McLenan Street to a point 191 feet east pursuant to Resolution No. 116.51 and Thomas, Flynn Coal Company contractor, has submitted the lowest bid for the furnishing of all labor and material and per- forming 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• tinned improvement be awarded to Thomas Flynn Coal Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas• sage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951, Passed and adopted this 16th day of July, 1951. ROMOT,O N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk ,/ kJ ~i 1 Special Session, July 16, 1951 431 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, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 245-51 Whereas, proposals have been submitted by contractors for the improvement of Fairway Drive from the west property line of St. Ambrose Street to the east property line of Bunker Hill Road pursuant to Resolution No. 144-51 and Thomas Flynn Coal Company contractor, has submitted the low- est bid for the furnishing of al] labor and materials and perform• ing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun• cil of the City of Dubuque that the contract far the above men- tioned improvement be awarded to Thomas Flynn Coal Company and the Manager he and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on July 2nd, 1951, Passed and adopted this 16th day of July, 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 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. 256-51 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 City 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 Robert L. Houps, 579 Eighth tivenue. Larry B. Kemp, 1200 Iowa Street. CLASS "C" PERMIT Louis F. Kessler and Edmund Callahan, 1105 Walnut Street. Passed, adopted and approved this 16th day of July, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELD, RAY F. 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 Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 257-51 Whereas, heretofore applications far' Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be occupied by such applicants have been inspected and found to 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 Robert L. Houps, 579 Eighth A; enue. Larry B. Kemp, 1200 Iowa Street. 432 Special Session, July 16, 1951 CLASS "C" PERMIT Louis F. Kessler and Edmund Callahan, 1105 Walnut Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 16th day of July, 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 Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. RESOLUTION N0. 258-51 Be It Resolved by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigar- ette papers within said City and the Manager is directed to issue such permit on behalf of said City. Louis F. Kessler and Edmund Callahan, 1105 Walnut Street. Be It Further Resolved that the bend filed with the application be approved. Fassed, adopted and approved this 16th day of July, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, Councilmen. 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, Welu. Nays-None. Councilman Austin moved that the application of the Rex Club fur a Class "B" Beer Permit for Private Club be referred to the City Solicitor for an opinion to be submitted back to the City Council. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to ad• journ. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved ................................1951. Adopted ..................................1951. Councilmen ..................................... Attest ........................................ City Clerk. Bpi;' ~~ hvi w P h~6F~6l~~ L; I ,~ ~ ~.