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1951 August Council Proceedingsi i~ Regular Session, August 6, 1951 433 a distance of 659 feet; thence north n e i l Cit C 57 degrees 30 minutes east a dist- o u y ance of 764 feet to the existing ten I (10) inch cast iron force main lo- (OFFICIAL.) Gated in the intersection of Marion Regular Session, August 6th, and Concord Streets. 1951 The eighteen (18) inch vitrified , Council met at 7:30 P.M. file overflow line beginning at said Present-Mayor Russo, Council- lift station and running 285 feet ~ Kolb Welu. City Man- men Austin west to the intersection with the , ~, , , ager Schiltz. Corporation Limits of the City of ' Dubuque presented and read. Absent-Councilman Schueller. No written remonstrances filed ~~ Mayor Russo stated that this is and no objectors present in the the regular monthly meeting of Council Chamber at the time set ` the City Council for the purpose of for said hearing. Councilman Kolb acting upon such business as may moved that the proofs of publica- properly come before the meeting. lion be received and filed. Second- ', Proofs of publication, certified ed by Councilman Austin. Carried to by the publishers, of notice of by the following vote: levy of special assessment and in- Yeas-Mayor Russo, Councilmen tention of the City Council to issue Austin, Kolb, Welu. bonds for the construction of a re- Nays-None. inforced concrete lift station, vit- Absent-Councilman Schueller. rified file trunk line sewer, cast iron force main and vitrified file City of Dubuque, Iowa overflow line to serve the "Situp- SCHEDULE OF ASSESSMENTS son-Coates Stroet Sewer District," RESOLUTION N0. 259-51 said district having been created Resolved by the City Council of and established by Ordinance No. the City of Dubuque, Iowa: That 10-50. to pay for the construction of a ,; The reinforced concrete lift sta- reinforced concrete lift station, vit- ~ lion shall be constructed in ac- rified file trunk line sewer, cast cordance with the plans and speci- iron force main and vitrified file fications prepared therefore, said overflow line to serve the "Situp- lift station to be located 491.8 feet son-Coates Street Sewer District," north andL78.2 feet east of the said district having been created ~': southwest corner of Section 26, and established by Ordinance No. (± Township 89 N., Range 2 E., of 5th 10-50. P. M. The vitrified file trunk line The reinforced concrete lift sta- sewer shall be constructed of the lion shall be contracted in accord- various sizes and in the location ante with the plans and specifi- described as follows: cations prepared therefore, said ' An eighteen (13) inch vitrified lift station to be located 491.8 the line running north 75 degrees feet north and 278.2 feet east of east a distance of 260 feet; thence the southwest corner of Section a fifteen (15) inch vitrified file 26, Township 89 N., Range 2 E., line running north 75 degrees east of 5th P.M, The vitrified file trunk ~ a distance of 281 feet; thence a line sewer shall be constructed of twelve (12) inch vitrified file line the various sizes and in the loca- -:~ running north 60 degrees east a lion described as follows: distance of 659 feet; thence a An eighteen (18) inch vitrified twelve (12) inch vitrified file line file line running north 75 degrees running north 57 degrees 30 min- east a distance of 260 feet; thence ales east a distance of 764 feet to a fifteen (15) inch vitrified file the existing wet well located in the line running north 75 degrees east intersection of Marion and Con- a distance of 281 feet; thence a cord Streets. twelve (12) inch vitrified title line The ten (10) inch cast iron force running north 60 degrees east a main shall be constructed in the distance of 659 feet; thence a following location: Beginning at twelve (12) inch vitrified file line said lift station and running north running north 57 degrees 30 min- 75 degrees east a distance of 541 ales east a distance of 764 feet to feet; thence north 60 degrees east 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 dist- ance 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 the overflow line beginning at said lift station and running 285 feet west to the intersection with the Corporation Limits of the City of Dubuque. Thos Flynn Coal Com- pany, contractor, in front of and adjoining the same a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set op- posite each lot or parcel of real estate, as follows: Paul L. Adams, Lot 1, Met- calf's Sub ........................... 419.06 Clifford H. & Lillian 0. Richardson, Lot 1, Ede's Heights .............................. 430.27 James A. & Phyllis J. Most, Lot 2 Sub of 1 of 1, Hos- ford & Guner's Add....... 106.66 Meyer Zuckerman, Lot 1 Sub of 2, Grote Place ...... 104.08 Jack & Blanche Cole, Lot 2 Sub 2 of 2, Grote Place .... 72.71 Margt. Grote, Lot 1 Sub 2 of 2, Grote Place ..........,. 309.84 Thos. B. and Elizabeth Schmid, Lot 1, Grote Place .................................... 494.63 Louis L. & Marcell Marf, Lot 1 Sub 1 of 1 of 59 Simpson Add ................... 39.78 David 0. Gronen, Lot 2 Sub of 1 of 59 Simpson Add... 38.55 Vernon 0. & Stella J. Moore, Lot 2 Sub 1 of 1 of 59 Simpson Add . .................... 25.26 Vernon 0. & Sella J. Moore, Lot 2 Sub of 59 Simpson Add ..................................... 37.80 Jess B. & Rhoda Graves, Lot 1 Sub 1 of 1 of 2 of 60 Simpson Add ............... 39.78 Eugene G. & Charlotte Lytle Lot 2 Sub 1 of 2 of 60 Simpson Add ................... 38.55 Romona Gartner, Lot 1 Sub of 60 Simpson Add, ....,..... 43.7 Vernon 0. & Stella Moore, Lot 2 Sub of 2 of 60 Simp- son Add ............................. 21.28 Vernon 0. & Stella Moore, Lot 2 Sub of 1 of 1 of 2 of 60 Simpson Add........... 2.29 Romona Gartner, Lot 61, , Simpson Add ..................... 135.75 Theresa Pappas, Lot 1 Sub 62 Simpson Add ............... 112.14 Keith D. & Mildred F. Preg- ler, Lot 2 Sub 62, Simp- son Add ............................. 21,55 Keith D. & Mildred F. Preg- ler, Lot 63, Simpson Add. 112,06 Vernon 0. & Stella Moore, Lot 1, Clarkson Place ...... 389.96 Sam & Rebecca Barvin, Lot 2 Sub of 2 of 45 Simpson Add ..................................... 50.21 Ed. C. & Madelan Tschudi, Lot 1 Sub of 45 Simpson Add ..................................... 60.89 Ruben & Alberta Pline, Lot 46, Simpson Add ............... 131.47 Paul P. & Bertha Bazelides, Lot 1, Alber's Add........... 63.18 Theela Helen Lungren, Lot 2 Alber's Add ................... 53.61 Daniel & Betty M. Vrotsos, Lot 3, Alber's Add .......... 53.61 Kenneth J. & Ellen M. Tang- man, Lot 4, Alber's Add. 53.61 Cyril H. & Katherine Loos- brock, Lot 5, Alber's Add. 53.61 Jos. E. & Hattie R. Bell, Lot 6, Alber's Add ................. 53.61 Wm, E. & Hilda Brown, Lot 7, E. 72'6" Alber's Add... 55.54 Wm. E, & Hilda Brown, Lot 7 W. 10' Alber's Add....... 7.66 Maurice J. & Helen Dono- hue,Lot 15, Rolling Green Sub . .................................... 3829 Maurice J. & Helen Dono- hue, Lot 14 E, 25' Rolling Green Sub ........................ 19.15 P. J. Seippel, Lot 14 W. 25' Rolling Green Sub .......... 19,15 P. J. Seippel, Lot 13 Rolling Green Sub .......................... 38.29 John & Catherine Kintzing- er, Lat 12, Rolling Green Sub ...................................... 38.29 John & Catherine Kintzing- er, Lot 11 E. 25' Rolling Green Sub .......................... 19.15 Emma R. Wurst 3c Edw. W. Henar, Lot 11 W. 25' Roll- ing Green Sub ................ 19.15 Emma R. Wurst & Edw. W. Ida J. Kluck, Lot 11, Du- ~ ' 4 Henar, Lot 10, Rolling buque Homes Sub No. 1 44.57 ~ '!' Green Sub ........................ 38.29 Kenneth J. & Elinore Pat- i Kermit &Evlaine Meyers, terson, Lot 10, Dubuque !, ?i Lot 9 Rolling Green Sub 38.29 Homes Sub No. 1 ............ 44,57 ' 'j Kermit &Evlaine Meyers, Louise A, Ede, Lot 1 Sub of , Lot 8 E. 25 Rolling Green 19.15 No,DI buque Homes Sub 28 28 h~ Sub ..........~............ ;~ .~ ~. Fa Thomas & Inez Lilly, Lot 8 W. 25' Rolling Green Sub 19.15 Thomas & Inez Lilly, Lot 7, Rolling Green Sub .............. ..38.29 Class F. & Ellan M. Gollo- bitz„ Lot 6, Rolling Green Sub ...................................... 38.29 P. J. Seippel, Lot 5, Rolling Green Sub .......................... 38.29 Theo. A. E, & Hazel Rich- ard, Lot 4 S. 'h Rolling Green Sub .......................... 12.77 Theo. A. E. & IIazel Rich- ard, Lot 1, Rolling Green Sub ...................................... 25.39 Fred W. & Anna Mae Asch- enbrenner, Lot 4 M'~ Rolling Green Sub .,........ 12.77 Fred W. & Anna Mae Asch- enbrenner, Lot 2 Rolling Green Sub ........................ 25.39 Florence M. Hauptili, Lot 4 N~/a Rolling Green Sub.... 12.77 Florence M. Hauptili, Lot 3 Rolling Green Sub ....,..... 25.39 Winifred S. Potterveld, Lot 1 Sub of 2 R. W. Baker's Sub ...................................... 361,63 Winifred S. Potterveld, Lot 2 Sub of 2 R. W, Baker's Sub ...................................... 286.05 Geo. Jecklin, Lot 1 Sub of 1 of 2 Part of Jecklin Farm..4513,82 Richard L. Wynes, Lot 2 W, 50 Sub of 2 of 1 R. W. Baker's Sub ...................... 52.62 Floyd & Helen Petersen, Lot 2 E. 50 Sub of 2 of 1 R. W. Baker's Sub ................. 51,61 Floyd & Helen Petersen, Lot 2 W. 25' Sub of 1 of 2 of 1 R. W. Baker's Sub ...... 25.04 Young Men's Christian As- soc., Lot 2 E. 75' Sub of 1 of 2 of 1 R. W. Baker's Sub ...................................... 72.01 Richard L. Wynes, Lot 1 Sub 1 of 2 of 1 R. W. Baker's Sub ...................... 88.78 Paul L. Cate, Lot 1 Sub 1 of 1 R. W. Baker's Sub ........ 209.61 Earl A, & M. Lois Stewart, Lot2Sub1oflR.W. Baker's Sub ....................... 65,11 Lloyd A. & Florence U. Abel, Lot 2 Sub of 9, Du- buque Homes Sub No. 1 Robert G, & Irma L. Wicks, Lot 8, Dubuque Homes Sub No. 1 .......................... Robert G. & Irma L. Wicks, Lot 7, Dubuque Homes Sub No. 1 .......................... Louis J. & Mary A. Kirk- wood, Lot 6, Dubuque Homes Sub No. 1 ............ Julius J. & Blanche A. Schmid; Lot 5, Dubuque Homes Sub No. 1 .............. John D. & Mabel Herdrick, Lot 4, Dubuque Homes Sub No. 1 .......................... Delbert B. & Erma L. Graves, Lot 3, Dubuque Homes Sub No. 1 .............. Bert H. & Dortha K. Sim- mons, Lot 2, Dubuque Homes Sub No. 1 ...,..,..... Glen E, Carris, Lot 1, Du- buque Homes Sub No, 1.. John F. Kircher, Lot 10, Sub of 39.40.41 Simpson Add. Jahn F. Kircher, Lot 9, Sub of 39.40.41 Simpson Add. Donald & Wilma R. Ferree, Lot 8, Sub of 39.40.41 Simpson Add ..................... Donald & Wilma R. Ferree, Lot 7, W. 30' Sub of 39-40- 41 Simpson Add ............... Joseph & Estelle Loney, Lot 7, E. 20' Sub of 39-40.41 Simpson Add . .................. Eldon E, & Charles J. Weid- enbacker, Lot 1 Sub of 6 Simpson Add ..................... Eldon E, & Charles J. Weid- enbacker, Lot 2, Sub of 6 Simpson Add ................... Eldon E, & Charles J. Weid- enbacker, Lot 5, Simpson Add . .................................... John 0. & Helen D. Walker, Lot 4, Sub of 39-40.41 Simpson Add ................... John 0. & Helen D. Walker, Lot 3, Sub of 39-40.41 Simpson Add ................... 25.59 61.27 45.96 45.96 45.96 45.96 45.96 45.96 45.96 3829 38.29 ~yl 38.29 22.96 15.33 30.64 7.66 38.29 38.29 38.29 436 Regular Session, August 6, 1951 Ralph G. & Laura Russell, Lot 2, Sub of 39.40.41 Simpson Add ..................... 38.29 Paul T. & Helen Woodnorth Lot 1, Sub of 39-40.41 Simpson Add ..................... 49.78 Emma Kleiner, Lot 9, Simp- son Add ............................. 149,12 Ella & Mary Horner, Lot 10, Simpson Add ..................... 147,42 Joseph E. & Estelle Loney, Lot 11, Simpson Add....... 148.09 Louise Halliburton, Lot 12, Simpson Add ..................... 147.36 Thomas D. & Dorothy Brod- erick, Lot 13, Simpsons Add . .................................... 146.77 Edw, D. & Louise Tange- man, Lot 14, E. 68' Simp- sons Add ........................... 77.41 Earl & Louis Tangeman, Lest 14, W. 60' Simpsons Add . .................................... 68.37 James & Marg't Piecken- brock, Lot 15, Simpsons Add . .................................... 144.97 Joseph V. & Meta Luedtke, Lout 1 Sub of 1 of 1 of 1 of 1 of 2 Babcocks Add.,.1425.98 Robert & Eloise Lundin, Lot 2S'/z Subloflof2 Babcocks Add . ............... 110.17 Dubuque Homes, Inc., Lot 2 N.'/z Sub 1 of 1 of 2 Bab- cocks Add ......................... 95.48 Byron & Evelyn L. Frank, Lot 23, Dubuque Homes Sub No. 2 ............................ 34.45 W. H. & Cecilia Nordensen, Lot 22 Dubuque Homes Sub No. 2 .......................... 30.42 Sigurd G. & Lydia W. Lunde, Lot 21, Dubuque Homes Sub No. 2 ..........., 27,76 Harry T. & Gertrude Bot- torff, Lot 20, Dubuque Homes Sub No. 2 .............. 31.27 Iowa Impr. Co., Lot 19, llu- buque Homes Sub No. 2 32.83 Dubuque Homes, Inc., Lot 2, Sub of 18 Dubuque Homes Sub No. 2 ,..,..,..... 3.25 Dubuque Homes, Inc., Lot 1, Sub of 18 Dubuque Homes Sub No. 2 ..........., 35.09 Vernon W. &Maye C. Car- ris, Lot 2, Sub of 17 Du- buque Homes Sub No. 2 3.22 Dubuque Homes, Inc., Lot I, Sub of 17 Dubuque Homes Sub No. 2 .............. 40.41 Bessie G. Heuchelin, Lot 2 Sub of 16 Dubuque Homes Sub No. 2 .............. 5.22 Vernon W. &Maye C. Car- ris, Loe 1, Sub of 16 Du- buque Homes Sub No. 2 43.54 Bessie G. Heuchelin, Lot 15, Dubuque Homes Sub No. 2 42.59 Bessie G. Heuchelin, Lot 14A, Dubuque Homes Sub No. 2 .................................. 149.63 Bessie G, Heuchelin, Lot 14, Dubuque Homes Sub No. 2 .......................................... 103.09 Vernon W. &Maye C, Car- ris, Lot 13A, Dubuque Homes Sub No. 2 .............. 75.05 Vernon W, &Maye C. Car- ris, Lot 13, Dubuque Homes Sub No. 2 ............ 195.88 F. W. & Alyce L. Scheel, Lot 2 Sub 2 of 12 Du- buque Homes Sub No, 2 3.64 Vernon W, &Maye C. Car- ris, Lot 1, Sub 2 of 12 Du- buque Homes Sub No. 2 36.57 F. W, & Alyce L. Scheel, Lot 1, Sub of 12 Dubuque Homes Sub No, 2 ............ 36.57 Vernon A. Hamm, Lot 2, Sub of 11 Dubuque Homes Sub of 2 .............................. .25 F. W, & Alyce L. Scheel, Lat 1, Sub of 11 Dubuque Homes Sub No. 2 ....... 40.32 Dubuque Homes, Inc, Lot 2, Sub of 10 Dubuque Homes Sub No. 2 .......................... .18 F. W. & Alyce Scheel, Lot 2 Sub of 1 of 10 Dubuque Homes Sub No. 2 .............. 8.45 Vernon A. Hamm, Lot 1 of 1 of 10 Dubuque Homes Sub No. 2 ............................ 43.93 Vernon A. Hamm, Lot 2 Sub of 1 of 9 Dubuque Homes Sub No. 2 ............................ 5.58 Dubuque Homes Inc., Lot 2 Sub of 9 Dubuque Homes Sub No. 2 ............................ .30 Dubuque Homes Inc., Lot 1 Sub of 1 of 9 Dubuque Homes Sub No, 2 ................ 49.84 Dubuque Homes Inc., Lot 2 Sub of 1 of 8 Dubuque Homes Sub No. 2 ....... 6.00 Dubuque Homes Inc., Lot 1 Sub of 1 of 8 Dubuque Homes Sub No. 2 .............. 53,01 Bessie G. Heuchelin, Lot 2 Sub of 8 Dubuque Homes Sub No. 2 ............................ 1.34 Bessie G. Heuchelin, Lot 1 Sub of 7 Dubuque Homes Sub No. 2 ............................ 48.80 >. ,~ c_t>, •:.r Regular Session, August 6, 1951 437 Dubuque Homes, Inc. Lot 2 Sub of 7 Dubuque Homes Sub No. 2 ............................ 6.95 Dubuque Homes, Inc., Lot 1 Sub of 6 Dubuque Homes Sub No. 2 .......... .. 68.30 Chester & Saram E. Filter, Lot 2 Sub of 6 Dubuque Homes Sub No. 2 .............. 8.16 Dubuque Homes Inc., Lol 2 Sub of 1 of 5 Dubuque Homes Sub No. 2 ................ 4.21 Chester & Sarah E. Filter, Lot 1 Sub 1 of 5 Dubuque Homes Sub No. 2 .............. 65.56 Dubuque Hames, Inc., Lot 2 Sub of 5 Dubuque Homes Sub No. 2 ............................ 1.83 Chester & Sarah E. Filter, Lot 2 Sub of 4 Dubuque Homes Sub No. 2 .............. 2.49 Dubuque Homes, Inc., Lot 1 Sub of 4 Dubuque Homes Sub No. 2 ............................ 62.52 Dubuque Homes, lnc., Lot i Sub of 3 Dubuque Homes Sub No. 2 ............................ 55.92 Dubuque Homes, Inc., Lot 2 Sub of 3 Dubuque Homes Sub No. 2 ............................ 5.11 Dubuque Homes, Inc., Lot 2 Dubuque Homes Sub No. 1 59.45 Arnold C. & Cora R. Grem- mels, Lot 1 Dubuque Homes Sub No. 2 .............. 68.14 Lloyd & Florence Burkart, Lot 4 Burkart Sub ............ 23.91 Lloyd & Florence Burkart, Lot 5 Burkart Sub ............ 27.54 Lloyd & Florence Burkart, Lot 6 Burkart Sub ............ 27.54 Lloyd & Florence Burkart, Lot 7 Burkart Sub ............ 27.55 Lloyr & Florence Burkart, Lot 8 Burkart Sub ............ 27.55 15,218.87 Lift Station Cost Breakdown Reinforced Conc. Substruc- ture - fi6.5 cu. yd @ $60.00 ................................ 3 .990.00 Concrete Block Super- structure - 1 lump. @ 3000.00 .. ......... 3 ,000.00 Piping, fittings and valves -1 lump @ 2500.00 ...... 2 ,500.00 Pumps, Motors & Controls -2 sets @ 1500,00 ........ 3 .000.00 Auto Electric Alternator System-1 each @ 500.00 500.00 1~" Vit. Tile overflow line -260 lin. ft. @ 5.00...... 1 ,300.00 Ventilation System Com- plete-1 each @ 350.00 350.00 Concrete Headwall for overflow - 1.2 cu. yds. @ $40.00 ........................ 48.00 14,688.0(1 Less cost of Motar Starters .......................... 669.40 $14,018.60 Apportioned cost of lift sta- station to Simpson-Coates District based on total area ration of Simpson- Coates against old Marion St. Drainage District - 47,59531% X 14,018.60.... $6,672.20 Force Main Breakdown 10" cast iron force main -2,015 lin. Ft, @ $8.00 16.120.00 10" check valve-1 each @ 250,00 ................................ 250.00 16,370.00 Assessable amount 47.5931% X $16,370.00 .................... 7.791.35 Total assessed amount for lift Station .............. 6,672.20 Total assessedf amount for force main .................... 7,791.35 Total Assessed cost 14,463.55 Extra Expense @ 4.5% 650.86 5% In. for 52 days ...,.... 104.46 $15,218.87 All of which is assesed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 6th day of August, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, 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-D4ayor Russo, Councilmen Austin, Kolb, Welu. Nays-None. Absent-Councilman Schueller. Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds io the amount of $15,218.87 to pay for the construction of a reinforced concrete lift station, vitrified file 438 Regular Session, August 6, 1951 trunk line sewer, cast iron force main and vitrified file overflow line to serve the "Simpson-Coates Street Sewer District," said dis- tr7ct 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 constucted of the various sizes and in the loca- tion 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 vitrified 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 (i2) inch vitrified file line running north 57 degrees 30 minutes east a distance of 764 feet to the exist- ing wet well located in the inter- section of Marion and Concord 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, presented and read. No written objections filed and no objectors present in the Council Chamber at the time set for said hearing. Councilman Kolb moved that the proofs of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Welu. Nays-None. Absent-Councilman Schueller. Councilman Schueller entered the Council Chamber at 7:35 P.M. and took his seat. RESOLUTION N0. 260-51 Resolution Providing for the Is- uance of Sewer Bonds for the purpose of Providing for the Pay- ment of .the Assessed Cost of a reinforced concrete lift station, cast iron force main and vitrified file overflow line to serve the `'Simpson-Coates Streets Sewer District." Whereas the contract heretofore entered into by the City of Du- buque, Iowa for the concrete lift station and force main herein- after described has been com- pleted and the City Manager has certified the completion thereof to the City Council and the City Ccuncil has ascertained the cost thereof and has determined that $15,218.87 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention o1 the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all ob- jections made thereof have been considered and determined; Now Therefore Be It Resolved by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the construction of a reinforced con- crete lift station, cast iron force main and vitrified file overflow line to serve the "Simpson-Coates Street Sewer District," said district having been created and estab• lished by Ordinance No. 10-50. The reinforced concrete lift station shall be constructed in ac- cordance with the plans and specifications prepared therefore, szid lift station to be located 491.8 feet north and 278.2 feet east of the southwest corner of Section 2o, Township 89 N., Range 2 E., of 5th P. M. The ten (10) inch cast iron force main shall be constructed in the following location: Beginning at said lift station and running north ~~ a; vN Regular Session, August 6, 1951 439 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 dis- tance of 764 feet to the existing ten (10) inch cast iron force main lo- cated 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, there shall be issued Sewer bonds in the amount of $15.218.87 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called Sewer bonds; and shall bear the date of September 5, 1951; and shall be numbered consecutively; and they shall be numbered, di- vided into series, and be in such denominations and for such matur- ity dates as are shown in the fol- lowing table: 1. 4703, 4704, and 4705 - $500.00 each, April 1, 1952. 2. 4706, 4707 and 4708 - $500.00 each, April 1, 1953. 3. 4709, 4710, and 4711 - $500.00 each, April 1, 1954. 4. 4712, 4713 and 4714 - $500.00 each, Apirl 1, 1955. 5. 4715, 4716, and 4717 - $500.00 each, April 1, 1956. F. 4718, 4719 and 4720 - $500.00 each, April 1, 1957. 7. 4721, 4722 and 4723 - $500.00 each, April 1, 1958. 8. 4724, 4725 and 4726 - $500.00 each, April 1, 1959. 9. 4727, 4728 and 4729 -$500.00 each, April 1, 1960. 10. 4730, 4731 and 4732 - $500,00 each, April 1, 1961. 10. 4733-$218.87, April 1, 1961. 3. Said bonds shall bear interest at the rate of five per cent per annum, payable semi-annually in accordance with coupons thereto attached; 4. Said bonds shall nut make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5, Said bonds shall provide that they may be payable at any time pr7oT to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No ....................................................... Series No ........................................... CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof, on the first day of ............... or at any time before that date, at the option of the City of Du- buque, the sum of ............................ dollars with interest thereon at the rate of 5 per cent per annum, payable seminannually, on the pre- sentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1950 Code of Iowa, as amended, and the Reso- lution of said City duly passed on the 6th day of August, 1951, being Resolution No .................. This Bond is one of a series of 31 bonds, 30 for $500.00 numbered from 4703 to 4732 inclusive, and one for $218.87 numbered 4733, all of like tenor and date, and 'issued for the purpose of defray- ing the cost of the construction of a reinforced concrete lift sta- tion, cast iron force main and vitrified file overflow line to serve the "Simpson-Coates Streets Sewer District" as created and estab- lished by Ordinance No. 10-0, as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1015 created by the col- lection of said special tax, and said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happended, and performed, in reg- ular and due form, as required by law and said Resolution, and for the assessment, collection and _ ~~ _.~,~ h~ .:III 440 Regular Session, August 6, 1951 payment hereon of said special tax, the full faith and diligence of said City of Dubuque are here- by irrevocably pledged. In Testimony Whereof the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 5th day of September, 1951. (SEAL) Mayor City Clerk." (FORM OF COUPON) "On the ........ day of ..................... the City of Dubuque, Iowa, prom• ises to pay to bearer, as pro- vided in said bond, the sum of ........................ Dollars, in the office of the City Treasurer in the City of Dubuque, being ............ months' interest due that date on its............ Bond No ................. dated ............... Mayor ...................................................... City Clerk" 6. That the Mayor and City Cierk be and they are hereby in- structed to cause said bonds to be prepared and when so prepared ko execute said bonds and that the City Clerk be and he is hereby instructed to register said bond in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Aessessment Fund No. 1015 and paid out by him to pay the cost of said con- tract. 8. That the interest coupons attached to the bonds be signed with the fascimile signature of the Mayor and countersigned with the facsilile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 6th day of August, 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. State of Iowa 1 SS. Dubuque County J I, Claude J. McDonald, do here- by certify that on July 18th, 1951, I posted copies of the attached notice of levy of special assess- ment and intention of the City Council to issue bonds along the line of improvement for the con- struction of a reinforced concrete 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 district having been created and established by Ordin ante No. 10-50. Signed CLAUDE J. McDONALD Subscribed and sworn to before me, John J. Shea, a Notary Public this 18th day of July, 1951. (SEAL) JOHN J. SHEA, Notary Public in and for Dubuque County, Iowa Councilman Welu moved that the statement of Claude J. Mc- Donald 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. Proof of publication, certified to by the publishers, of notice of public hearing on the question of changing the present two-family residence district to Multiple Fam- ily Residence District the area bounded as follows: From the west side of Bluff Street at the inter- section of Bluff and West Fifth ~{' '~ t Regular Session, August 6, 1951 441 Streets to the south side of Eighth Avenue, to the northerly side of Hill Street to the north side of Fifth 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. Petition of William J. Klauer and others, property owners adjoining Rest Seventh and Prospect Streets, objecting to the zoning of Lots 15 to 21 and Lot 1 of 27. Lot 1 of 28 and Lots 29 to Lot 1 of 44, inclu• sive, in Corell's Subdivision into a Multiple Housing District and asking that the aforesaid property be continued in the present zoning classification and not included in the proposed Multiple Housing Zone in the area bounded by Bluff Street. West Fifth Street, Hill Street and Eighth Avenue, pre- sented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Commission for their consideration. Seconded by Councilman Welu, Carried by flit following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of re- ceipt of bids for Fire Apparatus, presented and read, Councilman Kolb moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by t}~e following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 6, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Listed below is the tabulation of bids on a 1250 gallon Class A triple pumping engine - received and opened at 10 A.M., August 6, 1951. 1. Ward-LaFrance Truck Corporation $17,270.00 2. Four Wheel Drive 17,793.00 3. Seagrove Corp. 21,202.50 4. Mack Manufacturing Co. 20,899.08 Delivery dates are as follows: 1. 120 working days. 2. 150 working days. 3. 240 working days. 4. 185 working days. The ceiling price on Seagrove Ccrporation engine is $20,202.50 and if ordered, the ceiling price at time of delivery will apply, but in no case will the price exceed the bid price. All other prices are firm bids. It is the recommendation of the City Manager and Fire Chief that the City Council approve the pur- c!tase of the Four Wheel Drive pumping engine from Stevens- Jones Company of Des Moines. While this bid is not the lowest one recived, we feel the small difference in price is more than justified by getting a four wheel drive truck which has proven advantageous in our fire depart- ment operations. Respectfully submitted, L. J. SCHILTZ, City Manager. THOS. C. HICKSON, Chief of Fire Department. Councilman Kolb moved that the recommendation of City Man- ager Schiltz and Fire Chief Hick- son be adopted. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 261-51 Whereas, proposals have been submitted by contractors for the purchase of a 1250 gallon Class "A" t~•iple pumping engine and Stevens- Jones Co. of Des Moines, Iowa 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 Stevens-Jones Co. of Des Moines, Iowa, $17,793.00 and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved that this 442 Regular Session, August 6, 1951 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 ane week on August 6th, 1951. Councilman Austin 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. Notice of Claim of E. M. Stumm in the amount of $12.00 for dam- ages to his car caused in striking a manhole cover on Custer Street, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for consideration and report. Seconded by Council- men Welu. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of T. E. Rich- ards in the amount of $100.00 for damages to his property caused by the overIlowing of water onto his property due to faulty or in- adequate catch basins and curb installation, presented and read. Councilman Austin moved that the Notice of Claim be referred to the City Solicitor for consideration and report. Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of George L. and Theresa Pappas in the amount of $185.00 for damages to their prop- erty caused by Saffran Construc- tion during the construction of sewer in and along Simpson Street, presented and read. Mayor Russo moved that the Notice of Claim be referred to the City Solicitor for consideration and report. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Andy Weimer- skirch in the amount of $19.57 for car spring broken in the alley between Wood Street and Mount Pleasant Street, presented and read, Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for consideration and report. Seconded by CouncIl- man Kolb. Carried by the follow• ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Mayor John B. Hynes of Boston, Mass., extending invitation to attend the 33rd National Recreation Congress to be held in Boston on October 1.5, 1951, presented and read. Councilman Kolb. moved that thr, 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 the Interna- tional Brotherhood of Electrical Workers conveying the sentiments of the members in regard to the proposed increase in electric rates, presented and read. Councilman Welu moved that the communication be received and placed on file for considera- fion at the time the electric rates are being considered by the Coun- cil. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of F, R. Lacy tendering his resignation as Presi- dent and Member of the Board of Library Trustees, presented and read. Councilman Austin moved that the Council, through the Mayor, convey to Mr. F. R. Lacy expres- sion of gratitude of both the City of Dubuque and its citizens for services rendered as a member of the Board of Library Trustees, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Kolb. Nays-None. Regular Session, August 6, 1951 443 , r Councilman Austin moved that bir. W. B. Zuker be appointed as a member of Board of Library Trustees to fill the unexpired term of Mr. F. R. Lacy, said term expiring July 1, 1955. Seconded by Councilman Welu. Carried by the fcllowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of The Key City Gas Company submitting fuel calculations based on cost of materials as of July 1, 1951, in compliance with provisions of Ordinance 10--49, presented and read. Councilman Welu moved that the communication be received and the report placed on file. Sec- onded by Councilman Kolb. Car• reed by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. STATE OF IOWA, STATE TAX COMMISSION Des Moines, Iowa July 16, 1951 Hon. Clarence R. Welu, Mayor City of Dubuque, Dubuque, Iowa. Dear Sir: Enclosed is a copy of an order of the State Tax Commission, dated July 16, 1951 approving the reappointment of Harry J. Han- over to the office of City Assessor of the City of Dubuque, Iowa, for the four year term of office from January 1, 1952 to December 31, 1955. Very truly yours, GEORGE COSSON, JR., Director Property Tax Division. Councilman Welu moved that the communication be received 1 and made a matter of record and tl:e Order placed on file. Sec- onded by Councilman Kolb. Car- Tied by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Robert Mueller with reference to his former re• quest that Council investigate the grading and repairing of the alley between Cherry Street and Uni• versity Avenue in the 2400 block in order that garbage may be r collected in this area, presented and read. Councilman Welu moved that the communication be received and filed. Seconded by Council- man Kolb, Carried by the follow• ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of the American Surety Company submitting for filing the Power of Attorney for Nl. P. Hogan, presented and read. Councilman Kolb moved that the communication be received and the Power of Attorney placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Communication of the American Surety Company submitting for filing the Power of Attorney for C. H. Sanner, presented and read. Councilman Kolb moved that the communication be received and the Power of Attorney placed on file. Seconded by Councilman Welu. Carried by the following vote: "eas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Honorable Mayor and City Council and City Manager. Dear Sirs: At a meeting of the Parking and Intra-City Traffic Committee, held on July 20th, attention was di- rected to the progress being made in developing the property between 9th and 10th on Iowa Street into a parking lot. This committee is deeply inter- ested in and greatly pleased with this development which is a major step in the right direction to allev- iate the vexing problem your honorable Body, as well as the Chamber of Commerce, the Park- ing and Intra-City Traffic Com- rtittee and the Rtail Merchants Bureau have been confronted with for a number of years. We wish to commend you for your co- operative action in providing such 444 Regular Session, August 6, 1951 excellent facilities, and assure you the proper officials to convey to that we are deeply grateful to you. her an easement for street pur• With the assurance that we shall be happy to support you at all times and to cooperate with you in your efforts to make Dubuque a better and more progressive city, we are Cordially yours, Parking & Intra City Traffic Committee, A, J, KISTING, Chairman. poses as agreed upon m 1931, pre- sented and read. Councilman Austin moved that the petition be referred to the City &tanager and City Solicitor for in- vestigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Anthony A. Hellng and others, residing near and on Finley Street, requesting Council to consider the opening and grad- in; of Finley Street between Cherry and Poplar Streets, pre- sented and read. Councilman Welu moved that the petition be referred to the City Manager and City Engineer for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of John Klas requesting permission to connect a home to be built on the South '/a of Lot 2 and the North '~ of Lot 3, Block i of Powers Heights with the city sewer in Avalon Street, presented and read. Councilman Welu moved that the petition be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. I hereby certify that the above communication was approved by the Board of Directors of the Du- buque Chamber of Commerce at the regular meeting held on Thurs- day, July 26, 1951. J. A. KERPER, Secy. Councilman Schueller moved that tl:e communication be received and made a matter of record. Sec• onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the Illinois Central Railroad requesting the issuance of a proclamation designating Wedn- esday, August 15, 1951, as "Illinois Central Centennial Day," presented and read. Councilman Austin moved that the Mayor be authorized to issue the proclamation as requested. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Thomas J. Hickey re- questing Council to consider the opening of the street from Mt. Loretta to Romona Street in order that Lots 32 and 33 and also Lot 6 of Mineral Lot 45 located off Grandview Avenue might be served, presented and read. Councilman Kolb moved that the petition be referred to the City Manager for action. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Florence Moy Clark requesting Council to authorize RESOLUTION N0. 2621 Whereas, Ordinance No. 2916 grants the right to persons living along or adjacent to sewers in Hillcrest Park and Hillcrest Sub- division No, 2 in the City of Du- buque by paying to the Iowa Im- provement Company the applicant's proportionate share of the cost of the sewer lift station and force feed line, and Whereas, Mr. John I{las, the owner of the south one-half (S~z) cf Lot 2 and the north one-half (N~/z) of Lot 3, Block 1, Powers Heights, and adjacent to Avalon Regular Session, August 6, 1951 445 Road in Hillcrest Sub. No. 2 has applied for permission to connect to the sanitary sewer: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that the said sewer connection is here- by authorized and granted after the payment of three dollars ($3,00) per front foot to the Iowa Improvement Company. Passed, adopted and approved this 6th day of August, 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. Petition of Loras J. Beadle re- questing permission to tap into tha present sewer on Finley Street between University Avenue and Asbury Road in order to furnish service for Lot 2 of the Sub. of Lots 225 and 226 except the north- erly 60 feet of said Lots in Finley's Add., presented and read. Councilman Welu moved that the petition be received and filed. Seconded by Councilman Schueller. Curried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. alter Schiltz be made a matter of record. Seconded by Councllman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 263-51 Whereas, Mr, L. Beadle has re- quested permission to connect onto the sanitary sewer on Finley Street for lot 2 of Sub Lot 225 and 226 except the Northerly 60 feet of said lots in Finley's Addition, and has agreed to pay the proportion- ate share of cost for the Cherry- Green District lift station, and Whereas, the City Manager has certified that the sewer system has ample capacity for this ad- dition, Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that on the payment of the pro- portionate share of the cost of the lift station that permission is here- by granted to make said sewer connection. Passed, adopted and approved this 6th day of August, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, 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. Petition of John J. Ludescher requesting that a two hour parking limit be placed on the north side of Seminary Street in the vicinity of 1897 Seminary Street, presented and read. Councilman Welu moved that the petition be referred to the Traffic Division of the Police De- partment for investigation and re- port. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 28, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. ~" Gentlemen: I hereby certify that the sanitary sewer on Finley Street in the "Cherry-Green Sewer District" is of adequate capacity to make an additional connection for Lot No. 2 of the Sub. of Lot 225 and 226 except the Northerly 60 feet of said lots in Finley's Addition. i Respectfully submitted, I L. J. SCHILTZ, City Manager. Councilman Kolb moved that the communication of City Man- 446 Regular Session, August 6, 1951 Petition of Dubuque Stone Pro- ducts Company requesting the vacation of Lime and Kimball Streets, presented and read. Councilman Austin moved that ttie petition be referred to the Planning and Zoning Commission 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 Dubuque Stone Pro- ducts Company requesting the re- zoning of Lots 13, 14, 15 and 16 a part of Schaffner's Sub. located at the intersection of West 23rd and Valeria Streets to Light In- dustrial District classification, pre- sented and read. Councilman Austin moved that the petition be referred to the Planning and Zoning Commission for recommendation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Vincent B. Schwartz requesting a refund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 92, as he has discontinued business on July 29, 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 $75,00 in favor of Vincent B. Schwartz to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 92. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Navy Club of Du- buque, Ship No. 67 requesting a refund in the amount of $225,00 on the unexpired portion of their Class "B" Beer Permit No. 17, as they have discontinued business on August 4, 1951, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $225.00 in favor of Navy Club of Dubuque, Ship No. 67 to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 17. Seconded by Coun- cilman Schueller, Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kalb Schueller, Welu. Nays-None. Petition of Shiloh Circle No. 37 Ladies of the Grand Army of the Republic requesting permission to hold a tag day on September 7th, evening and day of September 8th, 1951, presented and read. Councilman Kolb moved that the request be granted providing there are no conflicting dates. Senconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the Amvets and Amvets Auxiliary requesting per- mission for the holding of White Clover Day and requesting that the Mayor be authorized to issue a proclamation designating August 11, 1951 as White Clover Day, pre- sented and read. Councilman Kolb moved that the request be granted providing there are no conflicting dates and that the Mayor be authorized to issue a proclamation as requested. Seconded by Councilman Schueller. Curried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of John 5. Siefker re• questing permission to connect Lot 6, Block 1 of Powers Heights with the sanitary sewer located on Avalon Road, presented and read. Councilman Austin moved that the petition be referred to the City Manager for recommendation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Board of Education requesting the City Council to ex- tend the water main north from Pennsylvania Avenue along Mid- dle Road, a distance of approx- imately 600 feet to point located in front of the new Irving Ele- ''! •' I, ii ''~~ !, ~r Regular Session, August 6, 1951 447 mentary School Building and also requesting permission to make sewer connection for the services of said new Irving School in the area of the Green Street pump . station, presented and read. Councilman Austin moved that the requests be granted in accord- ance with plans that have been discussed. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Petition of Ann Winter and others, taxpaying residents of Rowan Street, asking that adequate lighting be placed on Rowan Street, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector fur recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of George P. Siegert re- questing permission to connect the South 1/2 of Lot 3 and the North 45 feet of Lot 4, Block 1 of Powers Heights (75 feet) and the South 15 feet of Lot 4 and Lot 5, Block 1 of Powers Heights with the sani- tary sewer on Avalon Road, pre- sented and read. Councilman Kolb moved that the petition be referred to the City Manager 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 Loras W, Lattner re- questing that Rider Street be graded, presented and read. Councilman Kolb moved that the petition be referred to the City Manager. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Trausch Baking Com- pany requesting permission to build a platform at the rear of the 1120 Iowa Street building, said platform not to project farther from the building that the outside of the electric light pole, presented and read. Councilman Welu moved that the petition be referred to the City Manager and Building Com- missioner for investigation and report. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Petition of Dubuque Rites Club requesting Council to suspend the usual license fee for the holding of the Shrine Circus at Senior High School Stadium, presented and read. Councilman Welu moved that the request be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-iVIayor Russo, CouncIlmen Austin, Kolb, Schueller, Welu. ATays-None. Petition of Dubuque Trades and Labor Congress requesting permis- sion for the holding of their Labor Day Parade, Monday, September 3, 1951 at 9:30 A.M., presented and read. Councilman Kolb moved that the request be granted, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Dubuque Trades and Labor Congress ex- tending cordial invitation to t..".e City Council to participate in the Labor Day Parade, presented and read. Councilman Kolb moved that the invitation be accepted. Sec- onded by Councilman Schueller, Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays-None. Dubuque, Iowa, August 6, 1951 To the City Council of Dubuque: I, hereby petition for, a refund of overpayment of City Special Tax Penalty to the amount of $20.36, Payment was made on County Treasurer's Receipt No. 2094 for Sewer Assessment in full on Fund No. 988, Lot 1, Belmont Addition, and delinquent penalty 448 Regular Session, August 6, 1951 was figured in error to be $25.03 whereas it should have been $4.67. Thanking you for your considera- tion, I am Irvin Trieweiler. Councilman Welu moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $20.36 in favor of Irvin Trieweiler to cover the amount of refund granted. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the Volunteers of America, Des Moines, Iowa, re- questing permission for the hold- ing of a tag day on October 6, 1951, presented and read. Councilman Welu moved that the request be granted providing there are no conflicting dates. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Plat of the Subdivision of Lot 1, Block 4, Hillcrest Park, a Sub- division in Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa, presented for approval. Councilman Welu moved that file plat be approved and the Niayor and City Clerk authorized to execute the Plat in behalf of tl;e City of Dubuque. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of The Key City Gas Company requesting an increase in gas rates and submitting for Council files a revised schedule for immediate action, presented and read, Councilman Welu moved that action be deferred on the petition until a report can be secured from the Engineer Firm of Lara- more & Douglas, Inc., Consulting Engineers. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Certificate of Park and Park Improvement Levy determining and fixing the budget require- ments and tax levy for the ensu- ing year for park and park im- provement purposes, presented and read. Councilman Welu moved that file Certificate be referred to the Council for consideration. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Amended Certificate of Library Levy determining .and fixing the budget requirements and tax levy for library purposes for the en- suing year, presented and read. Councilman Welu moved that Amended Certificate be referred to the Council for consideration. Seconded by Councilman Kolb. Car- ried 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. 3~4 so as to change certain property herein- after described from "Single Fam- iiy District Classification" to "Light Industrial District Classifi• cation," said ordinance having been passed upon first reading on 3uly 16th, 1951 and ordered placed ol! file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 32.57 An Ordinance amending and chang- ing the zoning map of the City o! Dubuque as provided by Ordinance No. 3-34, so as to change certain property hereinafter described from "Sln~le Family District Classiftca- tion' to "Light Industrial District Classification." Whereas, the Planning and Zoning Commission has filed a report recom- mending the rezoning Prom Single Family Residence District Classifies-. lion to Light Industrial District Clas- siftcation of Lot 2 of Lot 1 of Heim Subdivision in the City of Dubuque, Iowa; and, Whereas a public hearing on the question of such proposed rezoning was held on the 16th day of July, 1961, at 7:30 o'clock p. m., in the City Hall In Dubuque, Iowa, pursuant to due and legal notice and all parties in Interest and all citizens were given. an opportunity to be heard at Bald hearing; and, Whereas the Clty Council deems such rezoning to be necessary and prpyera Regular Session, August 6, 1951 449 Now Therefore Be it Ordained by the City Council of the Ctty of Du- buque: Sec. 1, That any or all objections to Bald proposed rezoning are hereby overruled. Sec. E. That the Zoning Map and Ordinance Na. 3-34 being the Zoning Ordinance, be and the same are here- by amended and changed as follows: By eztending the present Light In- dustrial District to include Lot E of Lot 1 cf Heim Subdlvieion In the City of llubuque, Iowa. Section 3, That this Ordinance shall be in full farce and effect ten (10) days from and after its final passage, adoption and publication as by law provided. Introduced July 15th, 1961, Rule requiring reading on three separate days suspended July 16th, 1951. Passed, adapted and approved thta 6th day of August, 3951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUEj,LER, Councilmen, Attest: J. J. Shea, City Clerk. Published oiflcially 1n The Tele- graph-Herald newspaper this 10th day of August, 1951. J, J. SHEA, ~ At,,,ng,10 City Clerk. Councilman Austin moved the adoption of the ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 33-51 Ordinance Prescribing the Man- ner of Prosecuting Actions Brought for the Violation of the City Or- dinances; Providing for the Com- pensation of the Police Magistrate and Bailiff; and Repealing Or- dinance No. 73, said ordinance having been passed up on first reading on July 16th, 1951, and oldered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE Nf), 3857 Ordinance Prescribing the Manner of Prosecuting Actfona Brought for the Violation of the City Ordinances; Providing for the Compensation of the Police Magistrate and Bailiff; and Repealing Ordinance No. 73. Be It Ordained by the Clty Coun- cil of the City of Dubuque, Iowa: Section 1. That Ordinance No, 73 entitled "An Ordinance Prescribing. the Mannor of Prosecuting Actions Brought for the Violation of the City Ordinances" be and the same <e here- bY_ reIlealecL _ - -- - Section E. That all proceedingf, prosecutions and actions to recover any fine, penalty or forfeiture, ar for the punishment of offenses under and by reason of any violation of any ordinance of the Clty, shall be commenced in the name of the State of Iowa for the use of the City of Dubuque, Section 3, The Police Magistrate shall have jurisdiction to try and determine all proceedings, prosecu- tlona ar actions arising out of the violation oP any ordinance of the City. Section 4. All proceed[nga, prose. Icutiona or actions shall be commenced 'by filing with the Police Magistrate ~,an information sworn to by the Der- eon making the complaint. Section 6. Whenever an offense, which la a violation of any of the ordinances of the City, bas been com- mltted within the view of any police lofficer of the City, or when such offense has been committed and a. 'police officer believes the person to, be arrested has committed such of- fense, the offender may be arrested without a warrant and be taken be• fore the proper Court at [ts nest sea- slon, and an information filed by the person making the arrest and a warrant issued as in other cases. Section . 6. In any proceedings, prosecution or act[on brought to pun- fah aviolation of any ordinance of the City, the defendant shall not be entitled to trial by jury or a change of venue, except upon appeal, but said action or proceeding shall be tried by the Police Magistrate. Section 7. Any person, who {a ar- rested and charged with having com• matted an offense, which is a violation of the ordinances of the City, may be released from custody before trial, upon executing a bond with sureties or secured by a cash deposit, for his appearance at the time set for the hearing of the cause for which he was arrested, which bond shall be approved by and filed with the Po- lice Mag[atrate. Any such person who shall be confined 1n the City prison may be released before trial upon executing a bond with sureties or secured by a cash deposit, suffi- cient to cover the probable Yine and costa in case he Is found guilty, the amount to be determined by the deek sergeant in charge at the time of his arrest. Section 8. Upon conviction or when a plea oP guilty has been entered by the defendant, to any action, the Pollee Magistrate shall enter judg- ment and tab the costa, which judg• meat shall be for an amount not less than the lowest amount fined, as a penalty for violation of the or- dinance, under which the informa- tion is filed and which judgment shall not exceed the sum of x100. If the floe and costs are not paid, the Pollee Magistrate shall order the defendant imprisoned for a term not to exceed the term fixed by ouch ordinance. Section 9. The City Attorney or the Assistant City Attorney, shall prosecute an actions or proceedings brought for the violation of any City Ordinance, when the defendant does' oat plead guilty, and they shall have, authority to dismiss any action or' proceeding brought in the name of,'' or !n behalf of the City when they deem ft for the beet interest of the. City to do sq Seation 10, The Police Magistrate shall receive a salary In an amount to be fizeA annually by the City Council which shall be In lieu of all fees, and all fees collected shall be paid Into the munlc[pal treasury, However, pollee .-officers who testify 450 Regular Session, August 6, 1951 as witnesses wh[le not on duty shall be entitled to witness tees to be collected as part of the costs, Section 11. The salary received by any police officer who acts as Clerk. or Bailif[ of the Police Court shall be in lieu of all fees provided for such duties. Section 12. The provisions of this Ordinance shall not affect the valid- ity of any proceedings in the Police Court or appeals therefrom pending at the time thts Ordinance becomes effective Section 13. Th1s Ordinance shall be In full force and effect from and after Its final passage, adoption and publication as by law provided. Introduced the 16th day of July, 1951. Rule requiring reading on three separate days suspended by unani- mous vote the 16th day of July, 1951. Passed, adopted and approved this 5th day of August, 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 thin 10th day of August, 1961. J, J, SHEA ~A,,-gu . 10 Gity Clerk Councllman Austin moved the adoption of the ordinance. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. 34-51 An Ordinance Fixing and Defin- ing the Fiscal Year for the City of Dubuque to Provide for the Making of Annual Appropriations of Funds to be Expended during the ensuing Year and Repealing Ordinance No. 80, said ordinance having been passed upon first reading on July 16th, 1951 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE N0. 3451 An Ordinance Fixing and Defining the, Fiscal Year for the City to Du-~ buque to Provide for the Making; of Annual Apprbpriationa of Funds to Be Expended during the Ensu- ing Year and Repealing Ordinance' No. 30. Be it Ordained by the City Council of the Clty of Dubuque; Section 1. That the first day of January of each year shall be and is hereby fixed as the opening of the flees] year, and that all accounts, records, statements and transactions of every k[nd or nature shall be based or dated from January 1 of each year ae the fiscal year and that all ac- counts, records, and transactions be closed on the last day of December as the last day of the fiscal year, Section 2. That at the end of each fiscal year, every officer of the City shall make i SuA and smm~lete re- port to tFe Coanall toget er with a statement of all money received and expended by him during said year, which report shall be filed with the City Clerk before the Brat day of February of each year. That on orb before the first day of January of each year, the Council shall make an approprktioa for all the expenditures of the City government for the tol- lowing year, commencing on the first day of January. Such appropriation shall enumerate a91 the departments, officers, objects, and purposes for whioh the same is made and shall set forth the amount; Section 3. The Auditor shall, on the first day of January of each year, open an account with each fund thus created, by placing the amount ap- portioned to the credit of such fund, and all warrants drawn against such fund during the year shall be charged by him to ,such Yund. That no war- rant shall be drawn or paid, or in- debtedness contracted on account of any fund for which an appropriation was not made for the current year. Section 4. That Ordinance No. 80 entitled "An Ordinance Fixing and Defining the Fiscal Year for the City to Provide far the Making of an Annual Appropriation of Funds to Be Expended during the Ensuing Year" be and the same is hereby repealed. Section 6. This Ordinance shall be be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 16th day of July, 1951. Rule requiring reading on three separate days suspended by unani- mous vote the 15th day oY July, 1961, Passed, adopted and approved this 6th day of August, 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 dad oY August, 1951. J. J. SHEA, 1tAug10 City. Qlerk, Councilman Austin moved the adoption of the ordinance. Sec- onded by Councilman Kolb. Car• ried 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. 2011, pre- sented and read. Councilman 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. ~; .~ Regular Session, August 6, 1951 451 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. OI161NANC~ NO. 35.51 An Ordinance Providing for the Or- ganization oP the City Council and Repealing Ordinance No. 92 and Ordinance No. 20-41. Be [t Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 98 entitled "An Ordinance Providing foc the Election of Councilmen and Pre• scribing the Powers and Duties of the Council" la hereby repealed. Section 2. That Ordinance No. 20.41 entitled "An Ordinance Pre- scribing Compensation for Members of the City Council" is hereby re- pealed. Section 3. That the City of Du• buque shall be governed by a City Council who shall be elected, take 'ofnce and have such powers and 'duties as may now or hereafter be jprovided by the laws of the State of down applicable to cities operating 'under the "Council Manager by Popu- lar Election" form of municipal gov- ernment. Section 4. The compensation of the members of the City Council shall be $500.00 per annum, payable month- ly except that the compensation of the members of the City Council hold- ing office at the time of the passage of this Ordinance shall be $300.00 per annum payable monthly during their current term of office, Section 5 Regular meetings of the Council shall be held on the first Monday of each month and special meetings may be called from time to time by the Mayor or a majority of the members of the Council, Section 6. Threa members shall constitute a quorum for the trans- action oY business. Section 7. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 6th day o4 August, 7951. Rule requiring reading on three separate days suspended by unani- mous vote the 6th day of August, 1951 Passed, adopted and approved this 5th day of August, 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-Aerald newspaper this 10th day of August, 1951. J. 7. SHEA, It Aug. 1D City Clerk. Councilman Kolb 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 bra the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of June, 1951, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Dubuque, Iowa August 4, 1951 To the Honorable Mayor and P~Iembers of the City Council, Dubuque, Iowa. Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1950, the Civil Service Commission con- ducted an examination on July 6, 1951 for those seeking positions on the Fire Department. The following is a list of those who passed their physical exam- inations and also their written examinations with an average of 70% of better. All appointments on the Fire Department should be made from this list. Name Average Wm. E. Cherrier 88% Lawrence J. Egan 76% Wilbert H. Hantelman 75~a% Robert F. Atkinson 70% Respectfully submitted, LOUIS J. LAGEN, Chairman, C. S. HARKER, Members, Civil Service Commission. Attest; J. J. SHEA, Clerk. Subscribed and sworn to before m.e, a Notary Public, this 4th day of August, 1951, (SEAL) GERALDINE L, JENNI, Notary Public. Councilman Kolb moved that the report of the Civil Service Com- mission 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. 452 Regular Session, August 6, 1951 Dubuque, Iowa August 4, 1951 To the Honorable Mayor and Members 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 an examination on July 6, 1951 for those seeking positions on the Police Department. The following is a list of those who passed their physical exami- nations and also their written examination with an average of 70% or better. All appointments on the Police Department should be made from this list. Name Average Dale W. Cole 81~% Respectfully submitted, LOUIS J. LAGEN, Chairman. C. S. HARKER, Members, Civil Service Commission. Attest: J. J. SHEA, Clerk. Subscribed and sworn to before me, a Notary Public, this 5th day of August, 1951. (SEAL) GERALDINE L. JENNI, Notary Public. Councilman Kolb moved that the report of the Civil Service Com- mission be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. . August 6, 1951 To the Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: The 103rd Infantry Division ORC unit has been ordered into' sum- mer field training at Camp Mc- Coy, Wisconsin from 19 August to September 2, 1951. Officer Darrell Kilby of the Police Department is a member of said unit and has been ordered to report for summer training. It is hereby requested and re- commended that Officer Kilby be given a leave of absence during this period. Respectfully yours, JOS. H. STRUB, Chief of Police. Councilman Kolb moved that the recommendation of Chief of Police Strub be approved. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 25, 1951 T'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to attached peti- tion of R. J. Gantenbein and others requesting vacation of the alley located first east of Concord Street, running from Marion Street to a point approximately 100 feet to the south the Planning and Zoning Commission respectfully recommends the granting of the petition, providing easements for utilities over same are retained by the City. That part of the same alley running northward from the north line of Coates Street was vacated a few years ago, but for reasons unknown to the Planning and Zoning Commission the entire length Coates to Marion Streets was not included in the vacating ordinance, The part of said alley mentioned in this petition is a narrow dead end piece which aside from easement rights serves no particular purpose to the public. However, the Commission feels that such property is of value to the abutting owners, and the City is entitled to proper recompense for same. Yours very truly, Dubuque Planning and Zoning Commission, By Secretary R. V. McKAY. Councilman Austin moved that the recommendation of the Plan- ning and Zoning Commission be approved and proper proceedings ordered prepared an3 the City Manager authorized to establish values on the vacated portion. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. ,t 9 ;~ :~, Regular Session, August 6, 1951 453 July 25, 1951 Tu the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The Planning & Zoning Com- mission has reveiwed the attached petition of B. N. Graf and others requesting vacation of that portion of the alley first west of St. Am- brose Street from Seminary Street southward to the alley south of Seminary Street and respectfully recommends denial of the petition. No argument is presented by petitioners to indicate wherein the public interest will be served by favorable action. The alley in question connects with another alley at right angles to it, and abandonment of any part of the alley layout will cause unnecessary complications. Yours truly, Dubuque Planning and Zoning Commission, By Secretary R. V. McKAY, Councilman Welu moved that the. recommendation of the Plan- ning and Zoning Commission be approved, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, 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 Planning and Zoning Commission be in- structed to study the objections raised to the proposed Tourist Trailer Control Ordinance and also that the Planning and Zoning Commission be authorized to con- sider a proposed Tourist Camp and Trailer Control Ordinance in the light of the objections presented and submit recommendations and report back to the City Council," the Planning and Zoning Com- mission herewith presents its re- port and recommendations in the form of attached proposed amend- ments 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 facil- ities to the benefit of the industry as a whole. Treating this problem by amendment to the Zoning Or- dinance has decided advantages insofar as existing facilities for handling complaints through the Board of Adjustments, supervision and enforcement need not be duplicated. The Planning and Zoning Com- mission respectfully recommends the adoption of this proposed re- vision of the Zoning Ordinance of the City of Dubuque. Yours truly, Dubuque Planning and Zoning Commission, By Secretary R. V. McKAY, Councilman Austin moved that the recommendation of the Plan- ning and Zoning Commission be adopted. Seconded by Councilman ~4elu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 36-51 An Ordinance amending Ordi- nance No. 3~4 entitled "The Zon- ing Ordinance of the City of Du- buque" by adding new subsections thereto defining "Trailers" and Trailer Parks"; providing restric- tions on the use of premises for the storage of Trailers and as Trailer Parks; and providing a penalty for the violation thereof, 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 Welu. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the ordinance be placed on file 454 Regular Session, August 6, 1951 with the City Clerk for public in- spection until the Council meeting of August 27th, 1951. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 264-51 Whereas, The Planning and Zon- ing Commission has recommended amendment of the Zoning. Ordi- nance No. 3-34 to provide for trailers, trailer parks, and Trailer sales lots; and, Whereas before the Zoning Or- dinance may be amended a public hearing must be had; Now Therefore me It Resolved by the City Council of the City of Dubuque: 1. That a public hearing be held by the City Council of the City of Dubuque on the proposed amendment of Ordinance No. 3-34 also known as the "Zoning Ordi- nance" to include provisions regu- lating trailers, trailer parks, and trailer sales lots: 2. That the time and place for said hearing be and the same is hereby fixed for 7:30 o'clock P.M. ou the 27th day of August, 1951 in the City Council Chamber in the City Hall in the City of Dubuque, Iowa; 3. That the City Clerk be and he is hereby directed to cause to be published in The Telegraph- Her°ald notice of such hearing the same to be so published so as to have not less than 15 days between Ure day of such publication and the day fixed for such hearing and that said notice shall contain among other things the provision that any and all parties in in• terest and any and all citizens shall have an opportunity to object and be heard. Passed, adopted and approved this 6th day of August, 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. Sec• owded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. DUBUQUE, IOWA July 31, 1951 To the Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In regard to the extension of city water main in the Highland Park Audition into Dubuque County, Iowa, from the end of the existing water main at Asbury Road and Carter Road, the petitioners have requested for extension of ap- proximately 750 feet. We are mak- ing the estimate on 900 feet west- erly to a point opposite a house owned by Mr. Leo Wagner, one of the petitioners. As this main is over 500 feet, it would be neces- sary to install an 8" cast iron pipe which would cost approx- imately $5,869.06 or $6.52 per running foot. This is the probable location of a future elevated water storage tank. According to the Hardy- Cross survey, this main should be at least 12" in diameter. This main would cost approximately $7,555,14 or $1,686.08 more. When the water main was installed at Carter Road to the new orphanage, the prop- erty owners paid for an 8" main and the Water Department as• sumed the difference aad installed a 12" line. We would recommend that when this main is installed, that the petitioners pay for an 8" main and the City Water Depart- ment stand the additional expense and install a 12" feeder main. Still to be completed on this year's program is the Intermediate System to the newly annexed area in the Northwest end of the city, together with the main extensions on Brunswick Street, Marion Street, 1VIcLelland Street, Link Street, Levi Street and Pennsylvania Avenue to the new Irving School. This will take at least seventeen weeks for our main extension crew. We also have maintenance work to be done on the nine streets which are to be surfaced by special assessment to the property owners. We hope to complete all these projects by December 1st of this year. There are other numerous ex- i ~~ 4 ~~ ~' Regular Session, August 6, 1951 455 tensions inside the city on this year's program but these have had to be deferred because we are trying to give priority to the most important extensions. After the Intermediate System is completed, it will be much easier for the Water Department to keep in step with the continual growth of our city. During the past three years, it has been the policy of the City Council that the Water Department should not extend water mains outside of the city until such a time that water was made availa- ble to all people living in the city. When the above mentioned ex• tensions are completed, we will have fulfilled that promise. We do have sufficient material to make this extension but cannot guarantee replacement on this pipe for at least 250 days with no guarantee as to the cost. However, if they wish to construct this main at their own expense under the supervision and inspection of the Water Department, it might be possible for them to do so. This main would have to be laid at a minimum of 6 feet and maximum of about 10 feet in depth. The breakdown on the $5,869.06 is $1,120.00 labor and supervision; $400 for rent of trencher and back- filler and $3,349.06 for materials and other miscellaneous expenses. We have had several other com- munications for even larger ex- tensions than the above mentioned from people outside of the city limits but we have refused to con- sider them to date. However, if it is the intention of the Council to extend these services outside of the city, we will try to cooperate in every respect. We have ex- pended approximately $30,000.00 in main extensions alone since V-J Day and will continue to expand our distribution system wherever it is possible to do so. We do recommend that any ex- tension made outside of the city should be installed in the same manner and according to the same specifications of the American Water Works Association and the State Department of Health, Respectfully submitted, L, J. SCHILTZ, City Manager. J. J. HAIL, Superintendent. Councilman Welu moved that the communication of City Man- ager Schiltz and Water Superin- tendent Hail be referred back to the City Manager and Water Sup- erintendent to work out suitable arrangements with the petitioners. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 6, 1951 To the Honorable Mayor and Members of the City Council of Dubuque, Iowa. Gentlemen: The claim of Mrs. Nick Wagner for injuries sustained when she was struck and injured by a base- ball while she was walking along the easterly side of Jackson Street adjacent to Comiskey Field, was referred to this office for investi- gation and report. After due investigation, we have determined that the claim may be compromised and settled for the sum of $25.00 and it is our re- commendation that the claiment be paid the sum of $25.00 in full for all claims arising as a result of this accident. It is further respectfully re- commended that the Treasurer be instructed to draw a warrant in favor of Mrs. Nick Wagner in the sum of $25.00 to be delivered to her upon execution of a proper release. Respectfully submitted, R. M. CZIZEK, Asst. City Solicitor. Councilman Kolb moved that the recommendation of Asst. City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Mrs. Nick Wagner, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed 'release. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 17, 1951 To the Honorable Mayor and Members of the City Council, Dubuque, Iowa, Gentlemen: On May 14,1951 the claim of John 456 Regular Session, August 6, 1951 Winner was filed with the City Clerk, claiming damages in the snm of $21.74, representing dam• ages to his autombile when he struck a hole in the street at the corner of Rosedale and Auburn Streets. Such claim was referred to this office for investigation and report. Investigation was made and it is respectfully recommended that the claim be paid and that the Auditor be instructed to draw a warrant in favor of John Winner in the sum of $21.74 to be delivered to him upon receipt of a release properly executed. Respectfully submitted, R. M. CZIZEK, Asst, City Solicitor. Councilman Kolb moved that the recommendation of Asst, City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $21.74 in favor of John Winner, as settle- ment in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 17, 1951 To the Honorable Mayor and Members of the City Council of Dubuque, Iowa. Gentlemen: On May 12, 1951, the claim of Carl Burkart of Route No. 2 of Dubuque, Iowa, in the sum of $18.00 for tine and tube was filed with the City Clerk and subse- quently referred to this office for investigation and report. An investigation was made and it appeared therefrom that the tine and tube were damaged be- yond repair when the prongs of a 4-prong fork dropped from a city refuse truck and pierced claiments front tire. It is respectfully recommended that said claim be paid and that the Auditor be instructed to draw a warrant in favor of claiment in the sum of $18.00 to be delivered to him upon the execution of a re- lease properly executed. Respectfully submitted, R. M. CZIZEK, Asst. City Solicitor. Councilman Welu moved that the recommendation of Asst. City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $18.00 in favor of Carl Burkart, as settle- ment in full for his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- loase. Seconded by Councilman Kolb. Carried by `the following vote: Yeas-Mayor Russo, Councibnen Austin, Kolb, Schueller, Welu. Nays-None. July 2, 1951 Tu the Honorable Mayor and Members of the City Council of Dubuque, Iowa. Gentlemen: On June 21, 1951, the claim of Mrs. Anna Lange in the sum of $100.00 for personal injuries sus- tained by her when she fell on the sidewalk near the corner of 10th and Iowa Street, was referred to this office for investigation and report. An investigation was made and it appears that work was being done in razing the buildings in that area by B & G Excavators under a contract with the City for such work. There was considerable debris scattered along the side• walk and the same was not bar- ricaded. In view of this situation it ap- pears that claimant is rightfully entitled to her damages and the same may be recouped from the Excavators Bond. It is therefore respectfully re- commended that the claim for $100.00 be allowed and the Auditor be instructed to draw a warrant vi favor of Mrs. Anna Lange for $100.00 to be delivered to her upon execution of a proper release. Respectfully submitted, R. M. CZIZEK, Asst. City Solicitor. Councilman Kolb moved that the recommendation of Asst. City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amont of $100.00 in favor of Mrs. Anna Lange, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. ,~ ~; i t Regular Session, August 6, 1951 457 Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 18, 1951 To the Honorable Mayor ` and Members of the City Council of Dubuque, Iowa. Gentlemen: The claim of Eldon B. Digman for $15.00 for damages sustained by him while driving over a newly oiled surface on Garfield Avenue was filed with the City Clerk on June 26th, 1951, and subsequently referred to this office for investi- gation and report. After due investigation it ap- pears that the City was guilty of no negligence upon which damages might be predicated and therefore it is respectfully recommended that the claim be denied. Respectfully submitted, R. M. CZIZEK, Asst. City Solicitor. Councilman Kolb moved that tl;e recommendation of Asst. City Solicitor Czizek be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 26, 1951 Ionorable Mayor and Members of the City Council of the City of Dubuque. Gentlemen: The petition of A. C. Newburgh and others requesting vacation of a ten foot dead end alley between Grandview and Victoria Street has been referred to this office to pre- pare the proper proceedings. Upon examination of the peti- tion Ifind that Burton R. and Ethel M. Baal, Bertha Bradley and Don Patrick and Helen Steele, all of whom own abutting property served by this alley, have failed to join in the petition. In the event this alley were vacated the City of Dubuque would be liable to these abutters for such damages as they could show occured because of the vacation. I am therefore, returning the petition to you herewith with the recommendation that no further action be taken until the consent and waiver of these property own- ers be obtained or the City prop• erly indemnified. Respectfully submitted, T. H. NELSON, Councilman Kolb moved that the recommendation of City Solici- tor Nelson be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 2nd, 1951 Hon. Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: Clifford Bellows has brought an action in the District Court of Ic.wa in and for Dubuque County, against the City of Dubuque alleg- ing injuries resulting from a dangerous crosswalk and claiming damages in the amount of five thousand dollars. Mr. Bellows fell on the cross- walk at the intersection of 10th and Maple Streets in the City of Dubuque on November 25th, 1950, sustaining a broken ankle. His medical expenses amounted to $280.45, he was out of work for tEr. weeks and prior to his injury was earning an average of $92 a week and still walks with a limp and, although presently employed is unable to return to his prior type of work. We have consulted with the at- torney for Mr. Bellows and he has agreed to accept the sum of $800 in full settlement of his claim. We recommend that this settle• ment be approved and that the Auditor be instructed to issue a warrant payable to Clifford Bel- lows and Frank D. Gilloon, Jr., his attorney, in the amount of $800 and to deliver the same to him upon receipt of a properly exe- cuted release and the dismissal of the action referred to, with prejudice, at plaintiff's costs. Respectfully submitted, T. H. NELSON. Councilman Kolb moved that the recommendation of City Solici- tor Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $800 in favor of Clifford Bellows and 458 Regular Session, August 6, 1951 Frank D. Gilloon, Jr., his Attorney, as settlement in full of the claim and court action and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release and the dismissal of the action referred to, with prejudice, at plantiff's costs. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. July 24th, 1951 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: Herewith I submit a compilation of all of the Ordinances of the City of Dubuque, Iowa of general and permanent nature that will be i7 full force and effect on the 10th day of August, 1951, together with the current electric, gas and motor bus franchises, all revised and rearranged under appropriate Chapters and Sections as follows: Chapter I: General Administra- tion. Ordinances Nos. 79, 82, 81, 83, 25, 181, 211, 59, 33-51, 34-51, and 35-51. Chapter II: Elections. Ordinances Nos. 159, 39 29, and 1-50. Chapter III: Officers. Ordinances No. 93, 89, 90, 91, 9, 12, 10, 11, 14, 32-47, 21--47, 37, 4114, 104, 31, 238, 2--48, and Joint Resolution No. 90-51, Estab- lishing the Airport Zoning Com- mission. Chapter IV: Public Warks. Ordinance No. 27, Unnumbered Ordinance Establishing rules for installation of water service, Or- dinances Nos. 15--50, 10-48, 48-50, 10-51, and 26-51. Chapter V: Parks and Play- grounds. Ordinance No. 28, 28, 26-49, 14117, and 18--45. Chapter VI: Streets and Side- walks. Ordinances Nos. 47, 51, 53, 54, 75, 169, 171, 99, and 12-49. Chapter VII: Public Market. Ordinances No. 36, 38, 154, 24112, 207. Chapter VIII: Public Health. Ordinances Nos. 33, 34, 28-29, 157, 123, 35, 74, 27119, 7--41, and 43-49. Chapter IX: Animals. Ordinances No. 71, 78, SO--33, and 147. Chapter X: Regulating Certain Businesses. Ordinances Nos. 3~3, 4-33, 3-38, 12-39, and 21-42. Chapter XI: Beer. Ordinance No.9~5. Chapter XII: Nuisances. Ordinances Nos. 57, 25-39, 87 and 78. Chapter XIII: Public Morals. Ordinances No. 78 and 2718. Chapter XIV: Public Safety. Ordinances No. 78, 101, 115, 7~1, 10110, and 3-50. Chapter XV: Public S e r v i c e Companies. Ordinances No. 1516, 8-41, 11i-46, 42-50, 12-38, 1-45, 10- 49, 42, 39, 40, 94, 13-42, 28-47, 17-41, and 44-46. Chapter XVI; Traffic R e g u l a- tions. Ordinances Nos. 33-~19, 38-50, 7-47, and 45-50. Chapter XVII: Buildings. Building Code and Ordinance Nos. 107, 8~3, 128, 22--30, 241 and S4. Chapter XVIII: Zoning and Plat- ting. Ordinances No. 26-29, 2315, and 3-34 together with the following Amendments to the Zoning Map: Ordinances No. 174, 8~5, 11- 35, 12-35, 1~6, 2-36, 6-36, 7- 36. 11-36, 5,37, 15--37, 16-37, 25-38, 28--38, 3~9, 35-39, 1-40, 2-40, 1810, 10111, 14111, 22- 41, 23-1, 24-1, 33-41, 1--40, 2110, 18-40, 10-41, 14-41, 22-41, 23111, 24-41, 33-111, 35111, 1~2, 11112, 14112, 15112, 6115, 19115, 2515, 1~6, 4-46, 40116, 42116, 5-47, 22-47, 1747, 29-47, 19- 48, 31-49, 34-49, 37-49, 1-50, 11-50, 18-50, 19-50, 20-50, 21-50, 39-50, 43-50, 44-50, 2-51, and 23-51. Because of confusion that has arisen in the past in attempting to amend Grdinances where consec- utive numbering throughout the Revision was used, no consecutive paragraph numbers have been as- signed and the old ones have been deleted so that the only reference 1 r, s r' Regular Session, August 6, 1951 459 to individual paragraphs is the Section number of each Ordinance. It is recommended that this compilation be published in bound buok form and a proposed Ordin- ance providing 4or publication is herewith submitted. For your further information, from estimates received, the cost of publishing one thousand volumes should not run in excess of four thousand dollars. Respectfully submitted, T. H. NELSON, City Solicitor. Councilman Austin moved that the recommendation of City Solici• for Nelson be accepted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 37-61 An Ordinance making a complete Revision of the Ordinances of the City of Dubuque, Iowa of general and permanent nature by rear• rangement and grouping the same under appropriate titles, parts, chapters, and sections and ordering the publication thereof and pro- viding for the distribution thereof, presented and read. Councilman Austin moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb, Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Sctmeller, Welu. Nays-None. July 20th, 1951 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: You have referred to me for my opinion the application of the Rex Club for a Class B Club permit. Attached to the application is the required report of the Chief of Police, stating that this club was charged and convicted of violation of the City Beer Ordinance on two counts, which judgment is now pending an appeal to the District Court, and further, that the club is a proprietary club operated for pecuniary profit and is owned by its operator. A check of the Police Court reveal that the conviction referred to as actually that of one Gus T. Henkels, who appears as Secretary of the Rex Club but that the violation occured on the premises of the applicant. In view of the fact that there is an appeal pending and the permit holder was not the defendant con- victed, the statutory requirement of revocation would not seem to apply unless it be established that Gus T. Henkels and the Rex Club are une and the same person. Section 29 of the Beer Ordinance, No. 9-35, provides that the Council may, if it so wishes, revoke a per- mit whenever. it shall appear to you that the Ordinance has been violated by the permit holder or that the Ordinance was violated by another on the premises of the permit holder. A conviction is not essential to authorize the Council to revoke under this optional pro- vision, but only sufficient ground to give the Council good cause to believe that the violation has occurred. The question of revocation is applicable here because grounds for revocation would also be pro- per grounds for a denial of an application in the discretion of the Council. Section 6 of the Beer Or- dinance, No. 9~5, provides that before a Class B Club permit can be issued an application therefor must be filed with the City Man- alter, to which shall be attached a copy of the Articles of Incorpora- tion and a certified copy of a Resolution adopted by a majority of the bona fide members of the 460 Regular Session, August 6, 1951 club present at a regular or special meeting called to consider the same and approving the application for the beer permit. Section 124.17 of the 1950 Code of Iowa requires that the applica- tion also contain a statement that such a Resolution was adopted. Such statement is not included in the application nor are the Articles or certified copy of the resolution attached. In view of the fact that the statement regarding the reso- lution is a statutory requirement it is my opinion that the same can- not be waived and the permit may not be granted until this statement is provided. The provision regard- ing the Articles and the certified copy of the resolution being re- quired by the Ordinance only may, iu my opinion, be waived in the discretion of the Council. It is therefore my conclusion that the application in its present form does not conform to the Statute. When the defect noted is cured it will then be within the jurisdiction of the Council to de- cide whether the permit should be granted. If the Council decides that no violation has occurred on the premises and that the appli- cant complies with all of the con- ditions of the Ordinance, including the condition that it is not a proprietary club or operated for profit and that the application was approved by a majority of the bona fide members thereof, who were present at a regular or special meeting called to consider the same, and that the club has not been formed merely for the purpose of securing a beer permit, then the Council must issue the permit. If the Council decides that a violation has occurred on the prem- ises it may grant or deny the per• mit as it pleases. If the Council decides that the applicant is a proprietary club or that the ap• plication was not approved by a majority of the entire member- ship, or that the club has been formed merely for the purpose of securing a beer permit, then it must deny the permit. The Council must base its de- cision upon the present record or upon any further showing that it may reasonably require. If the Council should decide that the ap- plicant is operating for pecuniary profit it should then further decide whether there is sufficient evidence or perjury to warrant referring the matter to the County Attorney's office. Respectfully submitted, T. Ii. NELSON, Councilman Welu moved that the written opinion 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: Councilman Schueller moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Mr. Gus Henkel addressed the Council with reference to his ap- plication for a Class "B" Beer Permit for the Rex Club. Councilman Welu moved that on account of no recommendation being received from the Chief of Police on the application of the Rex Club for a Class "B" Beer Permit that a Class "B" Beer Permit be granted to the Rex Club.. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Councilman Kolb, Schuel- ler, Welu, Nays-Mayor Russo, Councilman Austin. RESOLUTION N0. 265-51 Whereas, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT FOR PRIVATE CLUB The Rex Club, ]27 West 6th Street. Regular Session, August 6, 1951 461 1 Passed, adopted and approved this 6th day of August, 1951 CLARENCE P. WELU, RAY F. KOLB, 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-Councilman Kolb, Schuel- ler, Welu. Nays-Mayor Russo, Councilman Austin. RESOLUTION NO 2651 Whereas, heretofore application for Class "B" Beer Permit was filed by the within named appli- cant and it has received the ap- proval of this Council; and Whereas, the premises to be oc- cupied by such applicant have been inspected and found to comply with the ordinances of this City and a proper bond has been filed: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that the Manager be and he is directed t~ issue to the following named applicant a Beer Permit. CLASS "B" PERMIT FOR PRIVATE CLUB The Rex Club, 127 West 6th Street. Be It Further Resolved that the bond filed by such applicant be ' and the same is hereby approved. Passed, adopted and approved this 6th day of August, 1951. CLARENCE P. WELU, RAY F. KOLB, 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-Councilmen Kolb, Schuel- ler, Welu. Nays-Mayor Russo, Councilman Austin. July 23, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit report of the City Health Department for the month of June 1951. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the report be received and placed on file. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 6, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bond and desire to have your approval on same for filing: EXCAVATION Richard J. Burke, American Bonding Company, 235 No. Grand- view Avenue. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Kolb moved that the bond be approved and placed on file. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 3, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of Mr. and Mrs. Lester Rafoth and others requesting bus service on Mt, Loretta, Valley, ir'nglish Lane and other streets in that area was referred to the City 1Vlanager to confer with officials of the Interstate Power Company and submit a report back to the City Council. I have talked to the District Manager of the Interstate Power Company relative to this petition and on the last occasion, he stated that they would like to wait until the report was submitted on the new schedule of rates before any action would be taken by them. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the communication of City Man- 462 Regular Session, August 6, 1951 alter Schiltz be referred back to the City Manager for further con- ference with the officials of the Interstate Power. Company. Sec- onded by Councilman Welu. Car- ried by the fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 3, 1951 T'o the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The communication of Frank Specht, 95 Valley Street, in regard to the leasing of city owned prop- erty on Valley Street, was re• ferred to the City Manager for recommendation and report. I recommend that the City do not lease this property to Mr. Specht because the city has an offer on file to purchase this prop- erty in its entirety. Until such a time as this offer is accepted or rejected, I feel it would be unwise to enter into any agreement to lease a parcel of the property. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kalb moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo,' Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 3, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A communication from Robert L. Larson regarding an invitation to the Police Chief or some mem- ber of the force to attend the Peace Officers' Short Cuurse was referred to the City Manager for consideration and action. After discussing this matter with the Chief of Police, it was my con- clusion that no benefits would be derived by sending any officers to this school. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of L. J. Breuer and others requesting the erection of a street light at Foye Street and Merchants Lane at the foot of Seminary Street steps was referred to me for recommendation and report; also the petition of Donald Murphy requesting the installation of a street light at the corner of Brunswick Street and Davis Ave• nue, I recommend that the Council approve the erection of a street light at both of these locations. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be adopted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of the Dubuque Metal Trades Council with refer- ence to the traffic situation on East Twelfth Street was referred to the City Manager, the Chief of Police and the Chief of the Fire Department for recommendation and report. I am attaching the recommenda- tion of the Chief of Fire and Police Departments who viewed this lo• cation with me and I concur in tueir recommendations and will proceed to do the necessary work if this meets with the Council's approval. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- r d i! i Regular Session, August 6, 1951 463 onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. August 2, 1951 To the Honorable Mayor and City Council, llubuque, Iowa. Gentlemen: The petition of Harry Kabat sub- mitting an offer of $50.00 for the purchase of city owned property was referred to the Council to view the grounds. I recommend that the decision of the Council be confirmed in accepting this bid after Mr. Kabat submits the plat and survey for this particular piece of property. Also, the communication of Robert Mueller with reference to the condition of the alley in the 2400 block on Cherry Street was referred to the Council to view the grounds. I recommend that tlae decision of the Council be confirmed and that the Street De- partment be notified to correct the condition in this alley and that the owner of Lot 217 be notified to cut the weeds. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendations 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. August 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Because of the heavy traffic on Wooten Street running from Hill to James Street and also the num- be:• of pedestrians using this street, I recommend that a street light be placed at approximately 1100 Wooten Street. 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, August 3, 1951 To the Honorable Mayor and City Councll, Dubuque, Iowa, Gentlemen: I have received a communication from residents on Kaufman Avenue requesting a street light between 3F0 Kaufman Avenue and Hemp- stead Street. I have investigated this request and find it justified as the area is built up, traffic heavy and many pedestrians use this street. I recommend that a street light be installed at approximately 450 Kaufman Avenue on pole No. 207- 31'3B. 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. August 6, 1951 1'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of the Rock Wool Home Insulation Company re- questing information as to the procedure for installing aluminum awnings above entrances to busi- ness establishments was referred to the City Manager for action and report. I am attaching a report I re- ceived from the Building Commis- sioner which sets out the procedure for an owner of property to peti- tion the Council for the installation of a fixed type awning. I do not believe that this type of an awning would add to the appearance and it is doubtful whether this type of awning would shade the window as it is quite high and does not ex- tend far enough out to deflect the rays of~the sun. I would hesitate to recommend the approval of this type of an awning without a request of the ~t 464 Regular Session, August 6, 1951 property owner and it would be well to consider the revision of the Building Code ordinance if this type of an awning is to be approved rather than have individual re- quests submitted to the Council for each installation. 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. August 6, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have a request from Fire Chief Thomas Hickson for permission to attend the International Fire Chiefs' Conference at Grand Rapids, Michi- gan, August 14th to 17th. I recommend that the Council approve Fire Chief Hickson's at- tendance at this meeting. 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. August 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit copy of the Examination of the Records of the City of Dubuque for the period April 1, 1950 through March 31, 1951. According to the report, all of the accounts of the City of Du- buque are in proper order. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the communication of City Man• ager Schiltz be received and filed and the report of the Examiners placed on file. Seconded by Coun- Gilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 3, 1951 To the Honorable Mayor and City Council, Dubuque, ,Iowa. Gentlemen: In accordance with the provisions of the law, I have prepared an annual budget for the fiscal year beginning January 1, 1952 and ending December 31, 1952 based upon the estimated income and expense of the various departments in the City of Dubuque. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the communication of City Man• ager Schiltz 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. Regular Session, August 6, 1951 465 3 Budget Estimate and Record of Filing TOWN AND CITY ESTIMATE NOTICE-The City Council of Dubuque of Dubuque County, Iowa, will meet August 27th, 1951, at 7:30 p. m., at City Hall. Taxpayers will be heard for or against the following estimate of expendit ures for the year beginning January 1, 1952. A detailed statement of receip ts and disburse- ments, both past and anticipated, will be available at the hearing. J. J. SHEA, ~.-.:_ -: City Clerk. - 3 1 2 ~ R7 m ~ F,''CpendltnCOe fer Year ro w "+ d d ~ ~ ~ i ~ ci d q~ oAH FUNDS m aro ~~ ~ o ~' ~ ~ ~ Fp ~AVa Apr. 1, 1949 Apr. 1, 1950 a ~ "~ ~ ~ Km ~ ~F o ~ m.~ o to to aa~ Wv~d ~$xh ¢'~a~ Mac 31, 1960 Mar. 31, 1951 ~ ~ W ~a~A ~ OF ~ F H zW General ......................$ 123,215 $ 117,947 $ 151,720 $ 20,000 $ 20,950 $ 110,770_ Street ....,.,.._.._..,....... 246,532 336,348 254,630 33,877 4,112 216,641 Public Safety ........_.. 389,867 382,210 517,737 81,360 110,200 326,187 6anitation ........... 177,657 166,611 205,026 27,827 2,000 176,198 Municipal Enter- prise ..................... 192,118 114,205 204,266 42,000 31,563 130,703 ' Recreation .......,._.... 81,917 83,807 187,493 29,100 163,393 Utilities ....................... 290,002 911,692 384,670 339,670 95,000 Total Functional Funds (not to exceed 30 mills)_.._,._.._ 1,500,308 1,611,720 1,905,441 205,054 532,596 1,167,792 Debt Service .....,... 73,880 96,237 53,293 53,293 Parking Meters and Lots ................._. 56,432 103,691 60,000 60,000 i City Assessment Expense .............. 13,110 7,946 6,982 6,982 Emergency ..,......._ 38,660 Firemen's Pension.. 37,367 42,402 45,000 400 49,600 Firemen's Retire- = ment .............__.,. 9,062 1,530 12,000 1,850 10,150 Policemen's Pension 22,611 28,736 30,000 550 29,450 Policemen's Retire- s ment .............__......... 4,671 3,156 10,000 1,000 9,000 Employee's Retire- . ment _._........._........ 6,933 10,576 16,819 16,819 street (Road Use Tax) .................... 145,000 145,000 ' Liquor Profit .. ....... b5,441 56,578 56,000 66,000 Street (Agr. Land) 117 117 Totals ..............._...$1,812,975 $1,962,572 $2,390,652 $205,054 $797,395 $1,338,203 Road Use Tax and Agri. Land Revenues appropriated to Street Fund. Liquor Profit Revnue appropriated asfollows: $20,000 to Pu blic Safety Fund, 622,800 to Sanitation Fund, $5,000 to Street Fund, $8,20 0 to Recreation i Fund. Total, $56,000. . ± Estimated taxes per $1,000.00 of assessed value $29.42. Triable valuation (195D) .........................................................._.._...._.. ...............$43,779.489 Moneys and credits (1950) ........................_........._............._.............._..... ..,...........: 10,970.290 t .E RESOLUTION N0. 267-51 Whereas, The City Manager has submitted a budget estimate as provided in Chapter 24 of the 1950 Code of Iowa and the City Council has duly considered and caused to be prepared the budget estimate of expenditures for the fiscal year beginning January 1, 1952 and end- ing December 31, 1952, as a basis far the tax levy for the year 1951, the same to be collected in the year 1952, and said budget having been duly approved by it; Naw, Therefore, Be It Resolved by the City Coun- Gil of the City of Dubuque that said budget estimate be and the same is hereby ordered filed in the office of the Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 27th day of August, 1951 at 7:30 o'clock p.m. in the Council Chamber in the City Hall. Be It Further Resolved, That said Clerk be and he is hereby di- rected to cause said budget esti- mate of expenditures to be pub• lished in the official newspaper of the City of Dubuque and an of• ficial notice to be given of the k 466 Regular Session, August 6, 1951 time and place, when and where said budget estimate will be con- sidered by said Council for final adoption, at which time and place taxpayers will be heard for and against said estimate, said publica- tion to be not less than ten (10) days before said date of hearing. Passed, adopted and approved this 6th day of August, 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. RESOLUTION N0. 268-51 Resolution determining valuation of lots within the assessment dis- trict of Rowan Street Improve- ment, Be It Resolved by the City Coun- cil of the City of Dubuque: 1. That the attached valuations of lots within the assessment dis- trict of the Rowan Street Improve- ment heretofore prepared and sub- mitted by the duly appointed com- mittee to determine such valua- tions and hereby determined to be the fair market value of such lots with the proposed public improve- ment completed. Adopted this 6th day of August, 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. Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 269-51 Resolution adopting plat and schedule and estimate of cost of Rowan Street Improvement. Be It Resolved by the City Coun• cil of the City of Dubuque, Iowa: 1. That the attached plat and schedule and estimate of cost heretofore filed by the City En- gineer are hereby adopted and or- dered placed on file with the City Clerk for public inspection. Adopted this 6th day of August, 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. RESOLUTION N0. 270-~51 Whereas, proposed plans, speci- fications, farm of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved, 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valua- tion fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each dif- ferent type of construction and kind of material to be used. B. In each case the amount thereof which is estimated to be assessed against each lot, for the Rowan Street im- provement. ~i `til Regular Session, August 6, 1951 467 Be It Therefore Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared thero- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That 80% of the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in pro- portion to the special benefits con- fererd thereby, and any deficiency shall be paid out of the Street Fund. Street Improvement Bonds shall be issued and sold in antici• potion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of August, 1951. Councilman Welu moved that the resolution be approved and placed on file for final action. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 271' 1 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 269-51 adopted the plat, schedule and estimate of cost and placed same on file in the office of the City Clerk for public inspection, for the Rowan Street improvement; and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 27th day of August, 1951, a public hearing will be held at 7:30 o'clock P.M., in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro• posed improvement and all inter- ested parties may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the pro- posed district, to the cost of the improvement, to the amount pro- posed o be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, as provided by law. Passed, adopted and approved this 6th day of August, 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, Rolb, Schueller, Welu. Nays-None. RESOLUTION N0. 212-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the construction of an eight (8) inch vitrified the sani- tary sewer in Levi Street beginning at the intersection with Lorimor Street and running west along the centerline of Levi Street to Sullivan Street; thence south along the 468 Regular Session, August 6, 1951 centerline of Sullivan Street to the existing manhole located at the intersection of Sullivan Street and English Lane, estimated cos t $5,234,46, presented and read. 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. (Necessity for improvement) RESOLUTION N0. 273-51 Whereas, proposed plans, speci- fications,form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis• trio, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as• sessed together with a valua• tion fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch vitrified the sanitary sewer in Levi Street beginning at the intersec- tion of Lorimer Street and running west along the cen• terline of Levi Street to Sul- livan Street; thence south along the centerline of Sulli• van Street to the existing manhole located at the inter- section of Sullivan Street and English Lane. Be It Therefore Resolved that the City Council on its own mo- tion or upon petition of property owners, deems it advisable and necessary for' the public welfare to make the herein mentioned im• provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits confererd thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of August, 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 that the resolution be approved and placed on file for final action. Seconded by Councilman Kolb. Carried by the following voter Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 274-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 272.51 given its preliminary approval on the pro- posed plans specifications and ~J ., Regular Session, August 6, 1951 469 form of contract and placed same on file in the office of the City Clerk for public inspection, for the construction of an eight (8) inch vitrified the sanitary sewer in Levi Street beginning at the intersec• tion with Lorimer Street and run- ning west along the centerline of Levi Street to Sullivan Street; thence south along the centerline of Sullivan Street to the existing manhole located at the intersection of Sullivan Street and English Laney and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 27th day of August, 1951, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to t}ie passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessement, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision there- on. Passed, adopted and approved this 6th day of August, 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, RESOLUTION N0. 293-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Avoca Street with asphaltic maca- dam surfacing from the south property line of Rosedale Avenue to the north property line of Cherry Street, estimated cost $3,984.96, presented and read. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 294-51 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 hereof which is estimated to be assessed against each lot, for the improvement of Avoca Street with 470 Regular Session, August 6, 1951 asphaltic macadam surfacing from the south property line of Rose- dale Avenue to the north property line of Cherry 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 thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor br the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying with in assessable distance pro- vided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid out of the Street Con- struction Fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- furmed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of August, 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 I{olb moved that the resolution be approved and placed on file for final action. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 245-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 293-51 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Avoca Street with asphaltic macadam from the south property line of Rosedale Avenue to the north property line of Cherry Street and, Whereas, the proposed Resolu• tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 27th day of August, 1951, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property sub- ject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at tl~e same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of tl~e proposed assessment, they shall have deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. I ~. Regular Session, August 6, 1951 471 Passed, adopted and approved this 6th day of August, 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. 218-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improving of 4V'est Sixteenth Street with curb and gutter from the west property line of Catherine Street to the end of Street, estimated cost $2,100.43, presented and read. 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. 219-51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each 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 West Sixteenth Street with curb and gutter from the west property line of Catherine Street to the end of the Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on fIle with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable dstance pro- vided by law and in an amount not to exceed the amount pro- vided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of August, 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 that the resolution be approved and 472 Regular Session, August 6, 1951 placed on file for final adoption. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 280-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 278-51 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of West Sixteenth Street with curb and gutter from the west property line of Catherine Street to the end of Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 27th day of August, 1951, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of August, 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. 281-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improving of West Sixteenth Street with asphal- tic macadam surfacing from the west property line of Catherine Street to the end of the Street, estimated cost $1,500.89, presented and read. 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. 2821 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, 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 Regular Session, August 6, 1951 473 improvement of West Sixteenth Street with asphaltic macadam surfacing from the west property line of Catherine Street to the end of 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 tt,is proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto, Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and e:rpense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid out of the Street Construction Fund. Bonds shall be issued and sold in antici- pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of August, 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 Austin moved that the resolution be approved and placed on File for final action. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 283-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 281-51 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed on file in the office of the City Clerk for public inspection, for the im- provement of West Sixteenth Street v;ith asphaltic macadam surfacing from the west property line of Catherine Street to the end of Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 27th day of August, 1951, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber n the City of Dcbuque at which time the owners subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvements, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor mare than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall h, ve been deemed to have waived all objections thereto, at which hearing the Council will hear such 474 Regular Session, August 6, 1951 objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of August, 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. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 284-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Green Street with curb and gut- ter from the east property line of Avoca Street to the west property line of Algona Street, estimated cost $4,402.83, presented and read. 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. (Necessity for Improvement) RESOLUTION N0. 285-51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valua- tion fixed by the council, 5. An estimate of the cost of the proposed improvement, stat- ing the same for each differ- ent 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 Green Street with curb and gutter from the east property line of Avoca Street to the west property line of Algona Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own• ers, deems it advisable and neces- sary for the publc welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and ex• pense of making said improvement will be assessed upon and against all privately owned property ly- ing within assessable distance pro- vided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said fnnds. Bonds shall be issued and sold in antici• pation of deferred payments of as• sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac• ,. i Regular Session, August 6, 1951 475 ed an file with the City Clerk this 6th day of August, 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 that the resolution be approved and placed on file for final action. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 2851 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 284-51 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Green Street with curb and gutter from the east property line of Avoca Street to the west property line of Algona Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- naent has been introduced and is now on file in the Cy Clerk's office for public ianspection, Be It Therefore Resolved that on the 27th day of August, 1951, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment far the proposed improvement may appear and make objecton to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice o: the time and place of such hearing to be published n some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of August, 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. 281-51 Preliminary approval of plans, specifications, form of contract, plat and schedule for the improving of Green Street with asphaltic macadam surfacing from the east property line of Avoca Street to the west property line of Algona Street, estimated cost $3,398.10, presented and read. Councilman Schueller 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. 288-51 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. ~~; ,r,:~~~~ _ .. .. ., ,._ ... : ~.. n_, 'II~- ._. .~...__. ~... 476 Regular Session, August 6, 1951 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. E. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Green Street with asphaltic macadam surfacing from the east property line of Avoca Street to the west property line of Algona Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections t i the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En• gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law posed to be assessed against any 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 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 pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of August, 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 that the resolution be approved and placed on file for final action. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date or hearing) RESOLUTION N0. 289-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 287--51 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improvement of Green Street with asphaltic macadam surfacing from the east property line of Avoca Street to the west property line of Algona Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 27th day of August, 1951, a public hearing will be held at 7:30 o'clock P. M. in the Council Cham- ber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may ap- pear and make objection to the proposed plans and at the same time to the boundries of the pro- posed district, to the cost of the improvement, to the amount pro• posed to be assesed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed ,.~ 1, . Regular Session, August 6, 1951 477 for its consideration and unless property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall h;.ve been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of August, 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 Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 290-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Avoca Street with curb and gutter from the south property line of Rosedale Avenue to the north property line of Cherry Street, estimated cost $4,575,19, presented and read. Councilman Kolb moved the adoption of the resolution. Sec- owded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 291-51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1. The boundries of the district, if any. 2. The streets to be improved. 3 . The width of such improve- ment. 4. Each lot proposed to be as- sensed 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 Avoca Street with curb and gutter from the south property line of Rosedale Avenue to the north property line of Cherry Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion of the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improve- ment funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anicipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- -, -. _mu '~. ~~~ 478 Regular Session, August 6, 1951 ed on file with the City Clerk this 6th day of August, 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 that the resolution be approved and placed on file for final action. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 292-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 290-51 given its pre- liminary approval on the proposed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Avoca Street with curb and gutter from the south property line of Rosedale Avenue to the north property line of Cherry Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 27th day of August, 1951, a public hearing will be held at 7:30 o'clock P,M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time. and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessement, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of August, 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. 275-51 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south property line of Lowther Street, estimated cost $2,868.26, presented and read. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 276--51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the fallowing: 1. The boundaries of the dis- trict, if any, 2. The streets to be improved. 3. The width of such improve- ment. Regular Session, August 6, 1951 479 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the Improve- ment of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south property line of Lowther Street. Be It Further 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 thereto. ~ Said improvement shall be con- - strutted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, ' improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has j been performed and accepted and the proceeds thereof used to pay the contractor. 'Phe railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of August, 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 Kalb moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, (Fixing date of hearing) RESOLUTION N0. 277-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 275-51 given its preliminary approval on the pro- posedplans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the im- provement of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south property line of Lowther Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of• fice for public inspection, Be It Therefore Resolved that on the 27th day of August, 1951, a public hearing will be held at 7;30 o'clock P.M. in the Council Cham• ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the' amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- "~ ~~ Re ular Session, Au st 6, 1951 481 480 Regular Session, August 6, 1951 g ~ paper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of August, 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. 2951 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the improvement of Buena Vista Street with asphaltic macadam surfacing from the north property line of Alley south of Strauss Street to the south prop- erty line of Lowther Street, esti- mated cost X2,810.19, presented and read. 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. 297-51 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 dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of 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 Buena Vista Street with asphaltic macadam surfacing from the north property line of Alley south of Strauss Street to the south property line of Low- ther Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own• ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve~ went, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans which have been prepared therefor by the City En- gineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, prop- erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid out of the Street Construction Fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment dis- trict shall be assessed to and paid by the railway company. The above resolution was intro- ,~ ,a duced, approved and ordered plac- ed on file with the City Clerk this 6th day of August, 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 that the resolution be approved and placed on file for final action. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 298-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 296-51 given its pre- liminary approval on the propos- ed plans specifications and form of contract and placed on file in the office of the City Clerk for public inspection for the improve- ment of Buena Vista Street with asphaltic macadam surfacing from the north property line of Alley South of Strauss Street to the south property line of Lowther Street and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 27th day of August, 1951, a public hearing will be held at 7:30 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of proper- ty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (~) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of August, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, CouncBmen. 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 NO. 299-51 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Glen McArdle, 1201 Central Av- enue. Justin L. Johanningmeier, 1879- 1881 Central Avenue. George T. Vrotsos, 605 Main Street. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Gilbert J. Nicks and Josephine Nicks, 103 East 22nd Street. William C, Tharp, 310 East 30th Street. Harry J. Murphy and Dorothy Murphy, 1097 Jackson Street. Dubuque Sports Bowl, Inc., East 16th Street (City Island), 482 Regular Session, August 6, 1951 Milton C. Harvey, 1638 Central Avenue. CLASS "C" PERMIT Peter Klauer, 2700 Jackson Street, Nick E. Tsacudakis, 3166 Jack- son Street. Harold 0. Specht, 3003 Asbury Road. Passed, .adopted and approved this 6th day of August, 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. RESOLUTION N0. 300-51 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc• cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: Now, Therefore, 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 Name Address Glen McArdle, 1201 Central Av- enue. Justin L. Johanningmeier, 1879- 1881 Central Avenue. George T. Vrotsos, 605 Main Street. Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Gilbert J. Nicks and Josephine Nicks, 103 East 22nd Street. William C. Tharp, 310 East 30th Street. Harry J. Murphy and Dorothy Murphy, 1097 Jackson Street. Dubuque Sports Bowl, Inc., East 16th Street (City Island). Milton C. Harvey, 1638 Central Avenue. CLASS "C" PERMIT Peter Klauer, 2700 Jackson Street. Nick E. Tsacudakis, 3166 Jack- son Street. Harold 0. Specht, 3003 Asbury Road. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approv- ed. Passed, adopted and approved this 6th day of August, 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 Welu. Car- ried by the following vote: Yeas-Mayer Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 301--51 Be It Resolved by the City Coun• cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address William C. Tharp, 310 East 30th Street. Glen McArdle, 1201 Central Av enue. Milton C. Harvey, 1638 Central Avenue, Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 6th day of August, 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- Regular Session, August 6, 1951 483 ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 302-51 Whereas, there is in the hands of the City Treasurer and credited to the Liquor Sales Fund the sum of $26,687.84; and Whereas, Section 123.50 of the 1950 Code of Iowa provides that the aforesaid fund shall be sub- ject to expenditure under the di- rection of the City Council for any lawful municipal purpose; and Whereas, it is necessary in the interest of general welfare of the City of Dubuque that of the above sum, $10,000.00 be expended for for municipal golf course operat- ing purposes, Now Therefore, Be It Resolved by the City Coun- cil of the. City of Dubuque that there be hereby transferred from the Liquor Sales Fund the sum of $10,000.00 into the Municipal Golf Course Fund; and Be It Further Resolved that the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to notify the Treas- urer of such transfer and such notification shall be accompanied by a copy of this resolution and the record of its adoption. Passed, adopted and approved, this 6th day of August, 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. 249-51 Whereas, proposals have been submitted by contractors for the construction of a Utility Building at Allison-Henderson Park and Willy Construction Co. of Dubuque, Iowa 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 Coun- cil of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Willy Construction Co. of Dubuque, 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 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 11th, 1951, Passed and adopted this 6th day of August, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUB);iV 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. Councilman Kolb moved that the City Solicitor be directed to pre- pare for Council consideration an appropriate ordinance governing the blocking of railroad crossings by railroad trains. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, There being no further business Councilman Schueller moved to ad- 484 Regular Session, August 6, 1951 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 .............................. 1952 Adopted ................................ 1952 Councilmen: Attest: City Clerk. 1~ Special Session, August 20, 1951 485 City Council (aFFICIAL) Special Session, August 20th, 1951, Council met at 7:30 P.M. Present-Mayor Russo, Council- men Kolb, Schueller, Welu. City Manager Schiltz. Absent-Councilman Austin. Meeting called by order of Coun- cilmen Welu and Kolb. Mayor Russo read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering proceedings for the West 32nd Street Detaining Reser- voir and acting on any other busi- ness as may properly come before a regular meeting of the City Coun- cil, Notice of Claim of Joe M. Zehent- ner in the amount of $35.68 for damages to his delivery car caused by a city trash collecting truck in the alley in the rear of 920 Main Street, 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 follow- ing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Notice of Claim of J. A. Vander Meulen in the amount of $76.56 for damages to his car caused in striking a hole in the street in front of 2330 Shiras Avenue, pre- sented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Communication of Peter J, Faber submitting offer in the amount of $400.00 for the purchase of ten feet of city owned property on the lower end of Mt. Loretta Avenue adjoining his property on the east presented and read. Councilman Welu moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Communication of Hart Imple- ment Company submitting offer in the amount of $1,500.00 for the purchase of a triangular parcel of land owned by the City lying im- mediately adjacent to the south line of Section 25, Township 89 North, Range 2 East of the 5th Principal Meridian, being also the original south line of Dubuque Har- bor Company's Addition, and the present south line of Lot 1 of the Subdivision of Lot 1 of Henry A. Robinson's Industrial Subdivision presented and read. Councilman Kolb moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. August 17, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Bureau of Yards and Docks of the Navy Department would like to have adequate fire signal apparatus for the protection of its property, The Bureau therefore is willing to furnish a fire alarm box if the City of Dubuque will install it on the Navy-leased property and cori- nett the box to its fire alarm sys- tem. This will also provide fire alarm protection to the citizens in the area adjacent to this box. Sincerely yours, SAMMIE SMITH Lieutenant•Commander, USN Inspector Instructor, NavRes., Dubuque, Iowa Councilman Welu moved that the petition be referred to the City Manager. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. 486 Special Session, August 20, 1951 Petition of Leo R. Bonz, request- ing arefund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 61, as he has discontinued business on August 6, 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 $75.00 in favor of Leo R. Bonz to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 61, Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin, Petition of Lloyd Burkart re- questing that the Water Depart- ment be authorized and directed to immediately extend the present water main westward along High- way No. 20, a distance of about 600 feet to the City Limits, pre- sented and read. Councilman Schueller moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin, Petition of Donald R. Nank and Elmer Sisler requesting permission to extend the present sewer on Marion Street a distance of about 240 feet to service three lots on the west end of the street, present- ed and read. Councilman Kolb moved that the petition be referred to the City Manager. Seconded by Councilman Schueller. Carried by .the follow- ing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Council Proceedings for the month of January, 1951, presented for approval. Councilman Kolb moved that the Council Proceed- ings for the month of January, 1951 be approved as printed. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None, Absent-Councilman Austin. ORDINANCE N0. 37-51 An Ordinance making a com- plete revision of the Ordinances of the City of Dubuque, Iowa of general and permanent nature by rearrangement and grouping the same under appropriate titles, parts, chapters and sections and ordering the publication thereof and providing for the distribution thereof, said ordinance having been passed upon frist reading on August 6th, 1951 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 37.51 An Ordinance making a complete Re vnson of the Ordinances of the City of Dubuque, Icwe, of general and permanent nature by rear rangement and grouping the same under appropriate titles, parts, chapters and sections and ordering the publication thereof and provid- ing For the distribution thereof. Whereas the City Soncitor has sub• milted a compilation of all of the Ordinances of the City of Dubuque, Iowa, of general and permanent na- ture, in full force and effect on the 10th day of Augnst, 1951, together with the current electric, gas and motor bus Franchise ordinances, revised and rearranged under appropriate Chapters and Sections; and Whereas the pubncation of such a revision is deemed a matter of pubnc necessity; Now Therefore, Be It Ordained by the City Council of the City of Du- buque, Iowa: Section 1. That the compnation of all of the Ordinances of the City of Dubuque as submitted by the City Solicitor is hereby adopted as the Ordinances of the City of Dubuque, Iowa, of general and permanent na• tore in force and effect on the 10th day of August, 1951, together with the current gas, electric and bus fran- chises, rearranged and grouped under appropriate Chapters and Sections, to be known hereafter as the "Revised Ordinances of 1951"; Section 2. That said compllation, together with appropriate appendices and index, shall be pubnshed in a bound book, two or more copies of which shall be kept avanable at the City Clerk's office for pubnc inspec• lion and use and thereafter such pub- lication shall be prima facie evidence of the passage, content and legal pubncation of such Ordinances; Section 3, That the City Manager is hereby authorized and directed to contract for the printing and publica- tion of such pubncation of 1000 vol• umes for a sum not to exceed $4,000. Section 4. That copies of such pub- ncation shall be made available for sale to the pubnc at the rate of $3.00 per copy C.O.D. and one copy thereof ~i1 Special Session, August 20, 1951 487 shall be mailed by the City Clerk, free of charge, to each of the following: Each elective City official; Each elective County official holding office at the time of publication; The Library of Congress; The Law Library of the State Uni- versity. of Iowa; Each Municipal department head holding office at the time of public~~ lion; National Institute of Municipal Law Officers; Such other offices or officers as the Council may designate; Section 5. That all existing special ordinances not contained in said pub- ncation together with all effective Ordinances establishing grades of streets, avenues and alleys, levying taxes, making appropriations, estab- lishing, altering or vacating streets, avenues and alleys, or authorizing the issue of bonds or the construction of public improvements, shall remain in full force and effect. Section 6. This Ordinance shall be in full force and effect fmm and after its final passage, adoption and publication as by law provided. Introduced the 6th day of August, 1951. Rule requiring reading r:n three separate days suspended by unani• moos vote the 6th day of August, 1951, Passed, adopted and approved this 20th day of August, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph-Herald newspaper this 23rd day of August, 1951. J. J. SHEA, City Clerk Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Kalb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None Absent-Councilman Austin. August 15, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of George P. Siegert and John S. Sief- ker requesting permission to con- nect their property in Powers Heights to the existing sanitary sewer was referred to the City Manager for recommendation and report. Attached also is the petition of Laverne Blume to connect his property, I recommend that the Council approve these connections and act on a resolution authorizing any connection on this street upon pay- ment of three dollars per front foot of property, and after the applica- lion is approved by the City Manager. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. RESOLUTION N0. 303-51 Whereas, Ordinance No. 29-46 grants the right to persons living along or adjacent to sewers in Hill- crest Park and Hillcrest Subdivision No, 2 in the City of Dubuque by paying to the Iowa Improvement Company the applicant's propor- tionate share of the cost of the sewer lift station and force feed line, and Whereas, there are several lots adjacent to Avalon Road in Hill- crest Sub. No. 2 on which houses are to be constructed and the prop- erty owners will apply for permis- sion to connect to the sanitary sewer. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that said sewer connections are hereby authorized and granted upon por- per application and approval by the City Manager and after the pay- ment of three dollars ($3.00) per front foot to the Iowa Improve- ment Company. Passed, adopted and approved this 20th day of August, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, 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 Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. August 18, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Ann Winters and others asking for ade- 488 Special Session, August 20, 1951 quote street lighting on Rowan Street was referred to the City Manager and the Electrical Inspect- or for recommendation and report. It is recommended that one ad- ditional light be placed on Rowan Street near the city limits. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. August 18, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have had several requests for the installation of street lights and after investiga- tion to determine the need of lights where requested, I recom- mend that the Council approve the installation of street lights at the following locations: (1) Near the end of Quigley Lane. (2) On the corner of Hazel and Avoca Streets. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor .Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. August 20,1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond and policy and desire your approval on same for filing: PERSONAL Frank P. Delany, Park Com- missioner, Bond No. 28206-07-2385- 51 U. 5. Fidelity and Guaranty Co, TAAI-CAB William Weber and Roy Man- geno, (Veterans Radio Cab Com- pony), Policy No. 90437, National Indemnity Company. Respectfully subntted, L. J. 5CHILTZ, City Manager Councilman Kolb moved that the bonds be approved and placed on file. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Kalb, Schueller, Welu. Nays-None. Absent-Councilman Austin. August 18, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Engineer was in- structed to prepare plans to in- itiate the Thirty-Second Street reservoir, which construction will alleviate the condition caused by heavy rains adjacent to the north end of the city that cause flooding of streets in the north end of the town. I reconunend that the Council approve the plans and specifica• tions for this project and that the City Solicitor be instructed to pre- pare the necessary procedure for financing this project under the present state law, Respectfully submitted. L, J. SCHII,TZ, 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 Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. RESOLUTION N0. 304-51 Preliminary approval of plans, specifications, form of contract and all other documents for con- struction of a Detention Reservoir on 32nd Street to relieve present Bee Branch Sewer located adjac- ent to the inlet of present Bee Branch Sewer including earth dam, concrete spillway and retain- ing wall and the relocation of 32nd Street, estimated cost $131,660.00, presented and read. Councilman Kolb moved the Special Session, August 20, 1951 489 adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin, (Necessity for Improvement) RESOLUTION NO 305-51 Whereas, proposed plans, speci• fications and form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the nature and type of improvement and 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 for the construction of a detention reservoir on 32nd Street to relieve present Bee Branch Sewer located adjacent to the inlet of present Bee Branch Sewer, including earth dam, con- crete spillway and retaining wall and the relocation of 32nd Street. Be It Further Resolved that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned improvement, Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Sani• tation Fund or such other funds of the City of Dubuque as may be proper, or partly out of each of said funds. Sewer bonds shall be issued and sold when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The above resolution was into- duced, approved and ordered placed on file with the City Clerk this 20th day of August, 1951. Approved and placed on file for final action. Approved: ROMOLO N. RUS5O, Mayor. CLARENCE P, WELU, RAY F. KOLB, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin RESOLUTION N0. 306-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No, ???-51 given its preliminary approval on the pro posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the detention reservoir on 32nd Street to relieve present Bee Branch Sewer located adjacent to the inlet of present Bee Branch Sewer, including earth dam, con• Crete spillway and retaining wall and the relocation of 32nd Street, and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for the public inspection, Bt It Therefore Resolved that on the 4th day of September, 1951, a public hearing will be held at 7:30 o'clock P.M., in the Council Chamber in the City of Dubuque at which time any interested party may appear and make ob- jection to the proposed plans and specifications and proposed form of contract or to the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than ten (10) days prior to the day fixed for its con- sideration, at which hearing the 490 Special Session, August 20, 1951 Council will hear objections and enter on record its final decision thereon. Passed, adopted and approved this 20th day of August, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P, WELU, RAY F. KOLB, 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 Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. (Awarding Contracf) RESOLUTION N0. 261' 1 Whereas, proposals have been submitted by contractors for the purchase of a 1250 gallon Class "A" triple pumping engine and Stevens-Jones Co, of Des Moines, Iowa, 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 Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Stev- ens•Jones Co. of Des Moines, Iowa $17,793.00 and the Manager be and he is hereby directed to execute a contract an behalf of the City of Dubuque 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 August 6th, 1951. Passed and adopted this 20th day of August, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, 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 Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller Welu. Nays-None. Absent-Councilman Austin. Approved .............................. 1952 Adopted ................................ 1952 Connclhnen: Attest :............... City Clerk. rp Special Session, August 20, 1951 491 Board of Health (Official) Special Session, August 20th, 1951. Board met at 8:25 P.M. Present-Chairman Romolo N. Russo, Messrs Ray F. Kolb, Leo N. Schueller, Clarence P. Welu. City Manager L, J. Schiltz. Absent-Mr. Ruben V. Austin. August 20, 1951 Board of Health, City Hall, Gentlemen, Dubuque, Iowa. On July 27th, 1950 the City Board of Health notified the fol- lowing people to connect to the sanitary sewer: Alfred and Lucille Bleile-Lot 1 of 74 and Lot 1 of 75, Lang- worthy Addition. Ella B. Wimmer-Lot 8 of E. Langworthy Addition. Anna Podnar-Lot 5 of Sub 52, 53, 54 and 55 of Bellevue Addition. Up to the present time the orders of the Board of Health have not been complied with. I recommend that the City Solic- itor institute the necessary action for compliance with this order. Yours very truly, L. J. SCHILTZ, City Manager. Mr. Ray F. Kolb moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Mr. Clarence P. Welu. Carried by the following vote: Yeas--Chairman Romolo N. Rus- so, Messrs Ray F. Kolb, Leo N. Schueller, Clarence P. Welu. Nays-None. Absent-Mr, Ruben V. Austin Communication of Mae A. Moore, Registrar of Vital Statistics, Health Department, with reference to fees for the recording of births and deaths, and asking that she be allowed said fees as provided by the State Code, presented and read. Mr. Leo N. Schueller moved that the communication be re• ferred to the City Manager for investigation and report, Seconded by Mr. Ray F. Kolb. Carried by the following vote: Yeas -Chairman Romolo N. Russo, Messrs Ray F. Kolb, Leo N. Schueller, Clarence P. Welu. Nays-None. Absent-Mr. Ruben V. Austin. There being no further business Mr. Ray F. Kolb moved that the Board of Health meeting adjourn. Seconded by Mr. Leo N. Schueller. Carried by the following vote: Yeas-Chairman Romolo N. Rus- so, Messrs, Ray F. Kolb, Leo N. Schueller, Clarence P. Welu. Nays-None, Absen-Mr. Ruben V. Austin. J. J. SHEA, Clerk Board of Health. Approved .............................. 1952 Adopted ................................ 1952 I i .................................... Members of { .................................... Bd. of Health 1 1 .................................... Attest: .................................... Clerk, Board of Health. 492 Special Session; August 27, 1951 City Council (Offieiaq Special Session, August 27th, 1951, Council met at 7:30 P.M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu, City Manager Schiltz. Meeting called by order of Councilmen Austin and Schueller. Mayor Russo read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting public hearings on the budget estimate of expdendit- ures for the year beginning Jan- uary 1, 1952, also on the proposed amendment to Ordinance No. 3-34 also known as the "Zoning Ordinance" to include provisions regulating trailers, trailer parks, and trailer sales lots, also on various street improvements and .acting on any other business as may properly come before a reg- ular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of public hearing on the budget estimate of expenditures for the year beginning January 1, 1952, presented and read. No written objections filed and no objectors present in the Coun- cil Chamber at the time set for said hearing. Councilman Welu moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. i Special Session, August 27, 1951 493 Budget Estimate and Record of Filing TOWN AND CITY ESTIMATE NOTICE-The City Council of Dubuque of Dubuque County, Iowa, wil] meet August 27th, 1951, at 7:30 p. m., at City Hall. Taxpayers will be heard for or against the following esti mate of expenditures for the year beginning January 1, 1952, A detailed statement of receip ts and disburse- ments, both past and anticipated, will be ava ilable at the hearing. J. J. SHEA, Ctty Clerk. 1 2 ~penditures for Year ~ w m ro ~ ~ ro row .~i e° ~ b ~ ~ ~~ ° °'~ N+'Am FUNDS 1950 a ,~° m m `~ ~ '" ~ ~ F q ~ ~' ° a'~' v F ° Apr. 1, 1949 Apr. 1, a ~ ~ q M ~ m ~ C to to W a~ Wa°,~d Wo,g ~ u~'`c v ° Mar. 31, 1950 Mar. 31, 1951 ~ h m ~ ~ ~ ° ~ q" O ~ ZWF m W W wpC4q ~nti F ~o General ..._ .................$ 123,215 $ 117,947 $ 151,720 $ 20,000 $ 20,960 $ 110,770 Street .........___..._... 246,632 336,348 254,530 33,877 4,112 216,541 Public Safety ......._._ 389,867 382,210 517,737 81,350 110,200 326,187 6anitation ................ 177,657 165,511 205,025 27,827 2,000 175,198 Municipal Enter- prise ..................... 192,118 114,205 204,266 42,000 31,563 130,703 Recreation .............. 81,917 83,807 187,493 24,100 163,393 Utilities ...................... 290,002 411,692 384,670 339,670 4b,000 Total Functional Funds (not to exceed 30 mills)..._....._..1,500,308 1_,611,720 1 ,905,941 205,054 532,b95 1,167,792 Debt Service .,.,...... 73,880 96,237 53,293 53,293 Parking Meters and Lots ................... 56,432 103,691 60,000 60,000 City Assessment Expense ............. 13,110 7,946 6,982 6,882. Emergency ._.....,.... 36,660 Firemen's Pension.. 37,367 42,402 45,000 400 44,60P Firemen's Retire- ment ................... 4,062 1,530 12,000 1,860 10,160 Policemen's Pension 22,611 28,736 30,000 550 29,960 Policemen's Retire- ....... 4,671 3,156 ment _._........._. 10,000 1,000 9, Employee's Retire- 6,433 10,576 ment _.._........_...... 16,819 16,819 Street (Road Use Tax) .................... 145,000 146,000 Liquor Profit ........... b5,441 66,578 56,000 66,000 Street (Agr. Land) 117 117 Totals ..................$1,812,975 $1,962,672 $2,340,652 $205,054 $797,396 $1,338,203 Road Use Tax and Agri. Land Revenues appropriated to Street Fund. Liquor Profit Revnue appropriated asfollows: $2Q000 to Public Safety Fund, 22,800 to Sanitation Fund, $5,000 to Street Fund, $8,200 to Recreation ~und. Total, $56,000. Estimated taxes per $1,000.00 of assessed value $29.42. Taxable valuation (1950)......__....._._. .................._......_...,................_................ $93,779.489 Moneys and credits (1950)..........._....... __....._....._..........._............_ .................... 10,970.290 RESOLUTION N0. 307-51 Whereas, the Council of the City of Dubuque, caused to be prepared and published, as provided by law, the Budget Estimate of Expendi• tures for the fiscal year beginning January 1, 1952 and ending De- cember 31, 1952 and the hearing upon said Budget Estimate was fixed for the 27th day of August, 1951 at 7:30 p.m. at the Council Chamber in the City Hall; and Whereas, This being the time and place for said hearing, said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given the opportunity to be heard for or against said Budget Estimate. It IS Therefore Resolved by the City Council of the City of Du- buque, Iowa: That the Budget Estimate of Expenditures for the fiscal year beginning January 1, 1952 and ending December 31, 1952 here- tofore prepared and published be and the same is hereby fnally approved and adopted and the Mpyor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, 494 Special Session, August 27, 1951 together with the verified proof of publication and the notice of hearing upon said Budget Esti- mate. Be It Further Resolved, That, the taxes required to be collected in the year 1952 be and the same are hereby levied in the various funds in the amounts in said Bud- get Estimate. Passed, adopted and approved this 27th day of August, 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. RESOLUTION N0. 306-51 A resolution establishing the fax levies for the year 1951, the taxes fa be collected in the year 1952 and used for municipal pur• poses of the City of Dubuque. Be It Resolved by the City Coun- cil of Dubuque that there be and there is hereby levied the taxes for municipal purposes for the ensuing year 1952 of the follow- ing number of mills on the dollar of all taxable property within the corporate limits of said city. 2,4355 mills for General Fund. 4.764 mills for Street Fund. 7.172 mills for Public Safety Fund. 3.852 mills for Sanitation Fund. 0.9895 mills for Utilities Fund. 3.5927 mills for Recreation Fund. 2.8744 mills for Municipal En- terprise Fund. 1.1718 mills for Debt Service Fund. 0.9807 mills for Fire Pension Fund. 0.2232 mills for Fire Retirement Fund. 0.6475 mills for Police Pension Fund. 0.1979 mills for Police Retire- ment Fund. 0.3698 mills for Employees Re- tirement Fund, 0.1535 mills for City Assessment Fund. Be It Further Resolved that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or horti- cultural purposes. Be It Further Resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce, as shown by the Budget Estimate of Expendi- tures, adopted by this Council on the 27th day of August, 1951 to the Auditor of Dubuque County on or before September 1, 1951. Passed, adopted and approved this 27th day of August, 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. Proof of publication, certified to by the publishers of notice of public hearing on the proposed amendment of Ordinance No. 3-34 known as "Zoning Ordi- nance" to include provisions regu- lating trailers, trailer parks, and trailer sales lots, presented and read. No written objections filed. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Council- man Welu, Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the rules be suspended for the pur- pose of allowing any one present i I s(~ Special Session, August 27, 1951 495 in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays-None. Messrs Gerald E. McDermott, Harold Wagner, Ralph Stephens, Vincent Jestice and Mr, Kisting, operator of a Launderette, ad• dressed the Council with refer- ence to the proposed amendment of Ordinance No. 3-34 known as "Zoning Ordinance"to include pro- visions regulating trailers, trailer parks, and trailer sales lots and asking that Council postpone action on adapting this amend- ment at this time. Councilman Kolb moved that Council defer action on Ordinance No. 3fr-51, an Ordinance amend- ing Ordinance No, 3-34 en- titled "The Zoning Ordinance of the City of Dubuque" by adding new subsections thereto defining "Trailers" and "Trailer Parks"; providng restrictions on the use of premises for the storage of Trailers and as Trailer Parks, and provding a penalty for the viola- tion thereof, until such time as a decision is given by the Judge of the District Court in the matter of the case now pendng, namely City of Dubuque versus Charles Scherrer, Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, Councilman Austin moved that Council investigate all possibilities for the creation of either private or municipal trailer courts to be established in Local Business Dis- trict areas. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ,Proof of publcation, certified to by the publishers, of notice of hearing on the plans, specifications, form of contract and cost of im- provement for the improvement of Rowan Street from the south prop- erty line of South Grandview Avenue to the corporation lmits, 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 publcation, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon plans, specifications, form of contract and cost of improvement for the improvement of Rowan Street from the south property line of South Grandview Avenue to the corporation limits, presented and read. Councilman Kolb moved that the proof of publcation be re- ceived and filed, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Margaret L. Cannon, Mary G. Palmer and Charles P. Fay submitting written objections to the proposed improvement of Rowan Street from the south prop- erty line of South Grandview Ave• nue to the corporation limits, pre- sented and read. Councilman Austin moved that the petitions be referred to the City Council for consideration at the Council meeting of September 25th, 1951. Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 309-51 Resolution repealing Resolution No. 271-51 and fixing date of hearing. Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 269-51 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for 496 Special Session, August 27, 1951 the improvement of Rowan Street from the South Property Line of South Grandview Avenue to the corporation limits; and Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection. Be It Therefore Resolved that notice is hereby given that there is now on file for public inspection in the office of the City Clerk of Dubuque, Iowa, a proposed resolu- tion of necessity, and estimate of cost and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within a district as ap- proved by the City Council of Du- buque, Iowa, for a street improve- ment of the type and in the loca- tion as follows: Reinforced concrete paving of Rowan Street from the south property line of South Grandview to the corporation limits. That Resolution No. 271-51 is hereby repealed. The City Council will meet at 7:30 o'clock P.M, on September 25, 1951 at the City Hall at which time the owners of property sub- ject to assessment for the proposed improvement or any other persons having an interest in the matter may appear and be heard for or against the making of the im- provement, the boundaries of the district, the cost, the assessment against any lot, or the final adop- tion of a resolution of necessty. Passed, adopted and approved this 27th day of August, 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 Counclman 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 hearing on the plans, specfica- tions, form of contract and cost of improvement for the construction of an eight (8) inch vitrifed file sanitary sewer in Levi Street be• ginning at the intersection with Lorimer Street and running west along the centerline of Sullivan to Sullivan Street; thence south along the centerlne of Sullivan Street to the existing manhole 1o- toted at the intersection of Sullivan Street and English Lane, estimated cost $5,234.46, 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 neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost if improvement for the construction of an eight (8) inch vitrified file sanitary sewer in Levi Street beginning at the intersection with Lorimer Street and running west along the cen- terline of Levi Street to Sullivan Street; thence south along the centerline of Sullivan Street to the existing manhole located at the intersection of Sullivan Street and English Lane, 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. (Decision of Council upon ob- jections to plans, specifications, form of contract and cost of im• provement.) RESOLUTION N0. 310-51 Whereas, proposed plans and specifications and form of con- tract for the construction of an eight (8) inch vitrified file sani- tary sewer in Levi Street begin- ning at the intersection of Lori- mer Street and running west along the centerline of Levi Street to Sullivan Street; thence south along the centerline of Sullivan Street to the existing manhole 1o- toted at the intersection of Sul- Special Session, August 27, 1951 497 livan Street and English Lane have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bands, 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 27th day of August 1951; and Whereas, the City Council met in special session this 27th day of August, 1951, at 7:30 oclock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions 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, specifications and form of con- tract for or cost of said improve- ment be made a matter of perma- nent record in connection with said improvement. Passed, adopted and approved this 27th day of August, 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. See onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 273-51 Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The size and kind of sewers, 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch vitrified file sanitary sewer in Levi Street beginning at the inter- section of Lorimer Street and run- ning west along the centerline of Levi Street to Sullivan Street; thence south along the centerline of Sullivan Street to the existing manhole located at the intersection of Sullivan Street and English Lane. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im• provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with 498 Special Session, August 27, 1951 the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of August, 1951, The fore- going was finally passed and adopt- ed, as proposed, by the City Coun- cil this 27th day of August, 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. (Ordering Construction) RESOLUTION N0. 311-51 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces• sity No. 273-51 which was duly passed by this Council, for the construction of an eight (8) inch vitrified file sanitary sewer in Levi Street beginning at the intersec- tion of Lorimer Street and run- ning west along the centerline of Levi Street to Sullivan Street; thence south along the centerline of Sullivan Street to the existing manhole located at the intersection of Sullivan Street and English Lane 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 here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri• vately owned property lying within the assessable distance from the improvements, whether such prop- erty abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sew- er 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 the City Clerk be and he is hereby ordered and directed to advertise for proposal for the construction of the various improvement herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 30 calendar days after no- tice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediately necessity shall be in force and effect from and af- ter its passage and adoption by the City Council. Passed, adopted and approved this 27th day of August, 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- Special Session, August 27, 1951 499 ed 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 hear- ing on plans, specifications, form of contract and cost of improve- ment far the improvement of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south property line of Lowther Street, estimated cost $2,868.26, presented 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. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im- provement of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south property line of Lowther Street, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays--None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 312-51 Whereas, proposed plans and specifications and form of contract for the improvement of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south property line of Lowther Street have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts, and the time and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time be- ing this 27th day of August, 1951; and Whereas, the City Council met in special session this 27th day of August, 1951, at 7:30 o'clock P,M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of con- tract for or cost of said improve- ment be made a matter of per- manent record in connection with said improvement. Passed, adopted and approved this 27th day of August, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHE.A, 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. (Necessity for Improvement) RESOLUTION N0. 276-51 Whereas, proposed plans, speci- fications, form of contract, plat 500 Special Session, August 27, 1951 and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5, An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south property line of Lowther Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces• sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con• structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of August, 1951, The fore- going resolution was finally passed and adopted, as proposed, by the City Council this 27th day of August, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCH[lELLER, 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 Contruction) RESOLUTION N0. 313-51 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 276-51 which was duly passed by this Council, for the improve- ment of Buena Vista Street with curb and gutter from the north property line of Alley south of Strauss Street to the south prop- erty line of Lowther Street 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 own- ers. All the work shall be construct- ed in accordance with the plans and specifications heretofore adopt- ed 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 Special Session, August 27, 1951 501 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 the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fdre 21 days after notice to pro- ceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 27th day August, 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. Proof of publication, certified to by the publishers, of notice of hearing on plans, specifications, form of contract and cost of im- provement for the improvement of Buena Vista Street with asphaltic macadam surfacing from the north property line of Alley south of Strauss Street to the south pro- perty line of Lowther Street, esti- mated cost $2,810,19, presented and read. Councilman I{olb moved that the proof of publication be received and filed. Seconded by Council• man Welu. Carriod by the follow- ing 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, specifications, form of contract and cost of improvement for the improvement of Buena Vista Street with asphaltic macadem surfacing from the north property line of Alley south of Strauss Street to the south property line of Lowther 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 ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 314-51 Whereas, proposed plans and specifications and form of contract for the improvement of Buena Vista Street with asphaltic maca- damsurfacing from the north prop- erty line of Alley south of Strauss Street to the south property line of Lowther Street have been ap- proved by the City Council of the City of Dubuque and public no- tice given as provided by Chapter 391 of the Code of Iowa, 1950, per• taining to public contracts and bonds, and the time and place fix• ed for the hearing of all objec- tions to said plans, for or cost of such improvements, said time be- ing this 27th day of August, 1951; and Whereas, the City Council met in special session this 27th day of August, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to ~~~ 502 Special Session, August 27, 1951 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 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 improvement. Passed, adopted and approved this 27th day of August, 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 Welu, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 297-51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of 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 improvement of Buena Vista Street with asphaltic macadam surfacing from the north property line of Alley south of Strauss Street to the south property line of Lowther Street. Be It Therefore Resolved that the City Council on its own ma tion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans 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 cost and expense of making said improvement will be assessed upon and against all privately own- ed 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 a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of August, 1951, The fore- going resolution was finally passed and adopted, as proposed, by the •n Special Session, August 27, 1951 503. City Council this 27th day of Aug- sh f d a s and from in be force nd effect 1951. ust , after its passage and adoption by ROMOLO N. RUSSO, the City Council. Mayor CLARENCE P. WELD, Passed, adopted and approved RAY F. KOLB, this 27th day August, 1951. RUBEN V. AUSTIN, ROMOLO N. RUSSO, LEO N. SCIiUEI,LER, Mayor Councilmen CLARENCE P. WELU, Attest: J. J. SHEA, RAY F. KOLB, City Clerk RUBEN V. AUSTIN, Councilman Welu moved the LEO N. SCHUELLER, adoption of the resolution, Second- Councilmen ed by Councilman Kolb. Carried Attest: J. J. SHEA, by the following vote: City Clerk Yeas-Mayor Russo, Councilmen Councilman Welu moved the Austin, Kolb, Schueller, Welu. adoption of the resolution. Second- Nays-None. ed by Councilman Kolb. Carried (Ordering Construction) by the following vote: Yeas-Mayor Russo, Councilmen RESOLUTION N0. 315-51 Austin, Kolb, Schueller, Welu. Be It Resolved by the City Coun- Nays-None. cil of the City of Dubuque that proof of publication, certified to pursuant to a resolution of neces- by the publishers, of notice of hear- sity No. 297-51 which was duly passed by this Council, for the im- ing upon plans, specifications, form of contract and cost of im- provement of Buena Vista Street provement for the improvement of with asphaltic macadam surfacing Avoca Street with curb and gutter from the north property line of from the south property line of Alley south of Strauss Street to Rosedale Avenue to the north prop- the south property line of Lowther erty line of Cherry Street, estimat- Street be and the same are here- 575.19, presented and ed cost $4 by ordered and constructed by , read this Council upon its own motioh . Councilman Kolb moved that the and with or without the petition proof of publication be received of property owners. All the work Seconded by Councilman and filed shall be constructed in accordance . Carried by the following Welu with the plans and specifications . vote~ heretofore adopted and now on yeas-Mayor Russo, Councilmen file in the office of the City Clerk. Austin, Kolb, Schueller, Welu. Be It Further Resolved that the Nays-None. cost and expense of the said im- proof of publication, certified provements be paid for by levying to by the publishers, of notice of special assessments against the pri- pendency of resolution of neces- vately owned property lying within sity and hearing upon proposed the assessable distance from the improvements, whether such prop- plans, specifications, form of con- tract and cost of improvement for erty abut upon the same or are the improvement of Avoca Street adjacent thereto, according to the with curb and gutter from the area thereof and in proportion to south property line of Rosedale the special benefits conferred, and Avenue to the north property line any deficiency will be paid out of Cherry ~ Street, presented and of the general, improvement, or read sewer funds of the city, or partly . Councilman Kolb moved that the from each of such funds. Payment proof of publication be received will be made to the contractor out Seconded by Councilman and filed of funds realized from the sale of . Carried by the following Welu bonds to be issued in anticipation . vote: of deferred payments of assess- yeas-Mayor Russo, Councilmen ments as provided by law after the Kolb, Schueller, Welu. Austin work has been completed and ac- , Nays-None. cepted by the City Council. Be Tt Further Resolved that this (Decision of Council upon obje~~ resolution being deemed urgent tions to plans, specifications, form 504 Special Session, August 27, 1951 of contract and cost of improve- ment.) RESOLUTION N0. 3151 Whereas, proposed plans and specifications and form of con- tract for the improvement of Avoca Street with curb and gutter from the south property line of Rosedale Avenue to the north prop- erty line of Cherry Street have been approved by the City Coun- cil of the City of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, speci- fications or contract for or cost of such improvements, said time be- ing this 27th day of August, 1951; and Whereas, the City Council met in Special session this 27th day of August, 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 pro- posed plans, specifications or con- tract for or cast of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement here in de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifications and form of contract heretofore ap= proved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objec- tions which have been filed to the plans, specifications and form of contract for or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 27th day of August, 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. 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. 491-51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as• sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the im- provement of Avoca Street with curb and gutter from the south property line of Rosedale Avenue to the north property line of Cherry 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- saryfor the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera• lion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- Special Session, August 27, 1951 SOS strutted and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file v.~ith the City Clerk. That the cost and ex- pense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improve- ment funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of August, 1951, The fore- going resolution was finally passed and adopted, as proposed, by the City Council this 27th day of Aug- ust, 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 Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 317-51 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 291-51 which was duly passed by this Council, for the im- provement of Avoca Street with curb and gutter from the south property line of Rosedale Avenue to the north property line of Cherry 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 pri- vately awned property lying within the assessable distance from the improvements, whether such prop- erty abut upon the same or are ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sew- erfunds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 30 calendar days after no- tice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 27th day of August, 1951, ROMOLO N. RUS5O, - 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- r+,. ~ 506 Special Session, August 27, 1951 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 hear- ing upon plans, specifications, form of contract and cost of im- provementfor the improvement of Avoca Street with asphaltic maca- dam surfacing from the south prop- erty line of Rosedale Avenue to the north property line of Cherry Street, estimated cost X3,984.96, presented and read. Councilman Kalb 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. Proof of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im- provement of Avoca Street with asphaltic macadam surfacing from the south property line of Rose- dale Avenue to the north property line of Cherry Street, presented and read. Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 318-51 Whereas, proposed plans and specifications and form of contract for the improvement of Avoca Street with asphaltic macadam surfacing from the south prop~ proporty line of Rosedale Avenue to the north property line of Cherry Street have been approved by the City Council of the City. of Dubuque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, for or cost of such improve- ments, said time being this 27th day of August, 1951; and Whereas, the City Council met in Special session this 27th day of August, 1951, at 7:30 oclock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections 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 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 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, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 27th day of August, 1951. ROMOLO N. RU55O, 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• owded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 294-51 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly pre- Special Session, August 27, 1951 507 pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of Avoca Street with asphaltic macadam surfacing from the south property line of Rose• dale Avenue to the north prop- erty line of Cherry Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im• provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections 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 cost and expense of making said improvement will be assessed upon and against all privately owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby. Labor and equipment costs shall be paid out of the Street Construction Fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of August, 1951. The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 27th day of August, 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. Sec- onded by Counclman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 319-51 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 294-51 which was duly passed by this Council, for the improvement of Avoca Street with asphaltic macadam surfacing from the south property line of Rosedale Avenue to the north property line of Cherry 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 here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying 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 pro- portion to the special benefits con- .... _ . , , 508 Special Session, August 27, 1951 ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that 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 27th day of August, 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. 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 hearing upon plans, specifications, form of contract and cost of im• provement for the improvement of West Sixteenth Street with curb and gutter from the west prop- erty line of Catherine Street to the end of street, estimated cost $2,100.43, presented and read. Councilman Austin moved that the proof of publication be re• ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of West Six- teenth Street with curb and gut- ter from the west property line of Catherine Street to the end of 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. (Decision of Council upon ob• jections to plans, specifications, form of contract and .cost of im• provements.) RESOLUTION N0. 320-51 Whereas, proposed plans and specifications for the improvement of West Sixteenth Street with curb and gutter from the west prop- erty line of Catherine Street to the end of 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 27th day of August, 1951; and Whereas, the City Council met in special session this 27th day of August, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and form of contract here- tofore approved are h e r e b y adopted. Special Session, August 27, 1951 509 Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 27th day of August, 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. 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. 219-51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2, The streets to be improved. 3. The width of such improve- ment. 4. Each 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 West Sixteenth Street with curb and gutter from the west property line of Cath- erine Street to the end of the street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. Said improvement shall be con• strutted and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dist- ance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assess- ment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of August, 1951. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 27th day of August, 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. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ___ ~4~ 510 Special Session, August 27, 1951 (Ordering Construction) RESOLUTION N0. 321-51 Be . It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 279-51 which was duly passed by this Council, for the improvement of West Six- teenth Street with curb and gutter from the west- property line of Catherine Street to the end of 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 pro• portion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner provided by law, the said improve- ments shall be completed on or before "15 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 27th day of August, 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. 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 hearing upon plans, specifications, form of contract and cost of im- provement for the improvement of West Sixteenth Street with asphaltic macadam surfacing from the west property line of Cath- erine Street to the end of street, estimated cost $1,500.89, 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. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of West Six- teenth Street with asphaltic maca- dam surfacing from the west property line of Catherine Street to the end of the street, presented and read. Councilman Welu 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. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 322-51 Whereas, proposed plans and specifications and form of contract for the improvement of West Six- r1 Special Session, August 27, 1951 511 teenth Street with asphaltic maca- dam surfacing from the west prop- erty line of Catherine Street to the end of the 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 ob- jections to said plans, for or cost of such improvements, said time being this 27th day of August, 1951; and Whereas, the City Council met in special session this 27th day of August, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con• sidering any and all objections which have been filed to the pro• posed plans, for or cast of the im- provement here in 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 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 overruled 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 27th day of August, 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- owded by Councilman Kolb. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. (Necessity for Improvement) RESOLUTION ~ N0. 282-51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved, 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5, An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the improvement of West Sixteenth Street with asphaltic macadam sur- facing from the west property line of Catherine Street to the end of street. Be It 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 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 as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount 512 Special Session, August 27, 1951 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 an- ticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds used to pay the con• tractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- doted, approved and ordered placed on file with the City Clerk this 6th day of August, 1951. The foregoing resolution was finally passed and adopted, as pro• posed, by the City Council this 27th day of August, 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. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 323-51 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of .necessity No. 282-51 which was duly passed by this Council, for the improvement of West Six- teenth Street with asphaltic maca• .dam surfacing from the west property line of Catherine Street to the end of 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- provement 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, accord- ing to the area therbo€ and in pro- portion to the special benefits conferred, and any deficiency will be paid out of the general, im- provement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds rea- lized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 27th day of August, 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 Austin moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of hearing upon plans, specifications, form of contract and cost of im• provement for the improvement of Green Street with curb and gutter from the east property line of Avoca Street to the west property line of Algona Street, estimated cost $4,402.13, 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 .~ i Special Session, August 27, 1951 513 by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Green Street with curb and gutter from the east property line of Avoca Street to the west property line of Algona Street, 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, specifications, form of contract and cost of im• provements.) RESOLUTION N0. 324-51 Whereas, proposed plans and specifications and form of con• tract far the improvement of Green Street with curb and gutter from the east property line of Avoca Street to the west property line of Algona 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 the time and place for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 27th day of Aug- ust, 1951; and Whereas, the City Council met in special session this 27th day of August, 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 pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made .and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and form of contract hereto- fore approved are hereby adopted, Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said im• provement. Passed, adopted and approved this 27th day of August, 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, (Necessity for Improvement) RESOLUTION N0. 285-51 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each 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 Green Street with curb and gutter from the east property line of Avoca Street to the west property line of Algona Street. ~~~~~~ ~ r s~ ~~ S 14 Special Session, August 27, 1951 Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces• sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis• tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or s e w e r funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of August, 1951. The foregoing resolution was finally passed and adopted, as pro• posed, by the City Council this 27th day of August, 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 Austir-, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 325-51 Be It Resolved by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 285-51 which was duly passed by this Council, for the improvement of Green Street with curb and gutter from the east property line of Avoca Street to the west property line of Algona Street be and the same are here- by 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 slid im- provements be paid 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 pro• portion to the special benefits conferred, and any deficiency will be paid out of the general, im- provement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds re- alized from the sale of bonds to be issued in anticipation of de• ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner provided by law, the said im- provements shall be completed on or before 30 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and Special Session, August 27, 1951 515 after its passage and adoption by the City Council. Passed, adopted and approved this 27th day of August, 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. 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 of hearing upon plans, specifica- tions and form of contract and cost of improvement for the im- provement of Green Street with asphaltic macadam surfacing from the east property line of Avoca Street to the west property line of Algona Street, estimated cost $3,398.10, presented and read. Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Weiu. Nays-None. Proof of publication, certified to by the publishers, of notice of pendency of resolution of neces- sity and hearing upon proposed plans, specifications, form of con- tract and cost of improvement for the improvement of Green Street with asphaltic macadam surfacing from the east property line of Avoca Street to the west property line of Algona Street, presented and read. Councilman Austin moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.326-51 Whereas, proposed plans and specifications and form of contract for the improvement of Green Street with asphaltic macadam sur• facing from the east property line of Avoca Street to the west prop- erty line of Algona 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 fix- ed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said time being this 27th day of August, 1951; and Whereas, the City Council met in special session this 27th day of Au- gust, 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; aow, 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. 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 27th day of August, 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- 516 Special Session, August 27, 1951 onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 288-51 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 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. LZ each case the amount there- of which is estimated to be assess- ed against each lot, for the im- provement of Green Street with as- phaltic macadam surfacing from the east property line of Avoca Street to the west property line of Algona 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 thereto. Said improvement shall be con• strutted and done in accordance with the plans which have been pre- pared 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 cost shall be paid out of the Street Construction Fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as• sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of August, 1951. The foregoing resolution was finally passed and adapted, as proposed, by the City Council this 27th day of August, 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 fallowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 327-S1 Be It Resolved by the City Coun- cil of the City of Dubuque that pur• suant to a resolution of necessity No. 288-51 which was duly passed by this Council, for the improve- ment of Green Street with asphaltic macadam surfacing from the east property line of Avoca Street to the west property line of Algona Street be and the same are hereby or- dered 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 Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the Special Session, August 27, 1951 517 improvements, whether such prop- erty abut upon the same or are ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the City, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adapted and approved this 27th day of August, 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. August 22, 1951. To the Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: I am enclosing state- ment and receipts for the cost of the sewer I had installed in Mar- ion Street, from Lot 48 to Concord Street. Permission for this work was granted by an ordinance. COST OF MARION STREET SEWER FROM CONCORD STREET TO LOT 48. Saffron Construction Co.....$2,040.00 Dubuque Plumbing and Heating Co ....................... 154,78 Dubuque Water Depart- ment .................................. 55.69 Total ................................$2,250.47 Respectfully submitted, Wesley W. Heitzman. Councilman Welu moved that the communication and statement be received and made a matter of rec• ord. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Maurice D, Conwell in the amount of $24.24 for damages to his car caused in striking a dip in the street at the intersection of Asbury and Semin- ary Streets, presented and read. Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for examination and report. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Interstate Power Com- pany requesting Council to approve an adult bus fare of 10 cents and a 5 cent fare for children under twelve years of age, and for. school children on school days, during school hours, which is in accord- ance with their franchise require- ments, presented and read. Councilman Welu moved that the petition be referred to the City Council and City Manager for fur- ther requirements. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Louis A. Fischer, Jr., and others requesting that a street light be placed at the approach to the turn-around on Marquette Place, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Grover Maury, owner of Lot 47 and the East 10 feet of Lot 46, Babcock's Addition, asking for the right to connect to the sanitary sewer recently completed and constructed by Wesley Heitz• man in Marion Street, presented and read. Councilman Austin moved that the petition be referred to the City Manager for disposition. ,,;,,,~ .'- S 18 Special Session, August 27, 1951 Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Joe Rand asking Council to view the strip of ground adjoining his property on the southeast corner of Nevada Street and Solon Street with the idea of deeding a strip fifteen feet wide adjoining his property, presented and read. Councilman Welu moved that the petition 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. Petition of Paul and Eva Robert- son and others, tax payers and property owners on Valeria Street and West 23rd Street, objecting to the rezoning of Lots 13, 14, 15 and 16 of Schaffner's Sub, located at the intersection of West Twenty- third and Valeria Streets to a light industrial district, presented and read. Councilman Welu moved that the petition be referred to the Planning and Zoning Commission. Second by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of V. R, Stampe and others, property owners adjoining the alley East of Algona Street between Hale Street and West Third Street, requesting the va- cation of said alley to the present property owners along the right- of-way, 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. Nays-None. Petition of Mrs. Leo Siegert and others, home owners and residents living in West Dubuque whose homes are adjacent to and located on or near Asbury Road, Hillcrest Road, Mullin Road, Ogilby Road, Chaney Road, Morningview Road, Broadlawn Road and Avalon Road, requesting that an hourly bus service be furnished in this 1o- cality, presented and read. Councilman Welu moved that the petition be referred to the City Manager for conference with the officials of the Interstate Power Company and to submit a report back to the City Council. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Sinclair Refining Company advising Council that they contemplate the purchase of the Mulgrew bulk oil storage plant located on Terminal Street and re- questing the passage of an ordi- nance granting an easement for a firewall to be constructed around said property, also for an ease- ment for the construction of four 6 inch or 8 inch pipe lines to be laid underground across Terminal Street, also permission to store gasoline in unlimited quantities on said property and at what is known as the Hughes Oil Company Terminal adjacent thereto on the condition that the gasoline storage tanks be equipped with an ap- proved fire foam system and that no gasoline be stored in the 98,000 barrel tank located on said Hughes property, also for permission to construct and operate two 80,000 to 98,000 barrel capacity tanks for the storage of gasoline, presented and read. Councilman Welu moved that the request be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 27, 1951 To the Honorable Mayor, City Manager, and City Council, Dubuque, Iowa. Gentlemen: The request of Sinclair Refining Company for a ten foot easement on Terminal Street and Railroad Avenue was investigated and studied by the Planning and Zon- ing Commission, and said Planning and Zoning Commission hereby Special Session, August 27, 1951 519 respectfully recommends to your Honorable Body that such an ease- ment be granted Thomas J. Mul- grew Company and or its prospec- tive successor the Sinclair Refin• ing Company on the westerly side of Terminal Street for a width of ten feet immediately east of the west line of said Terminal Street and on the northerly side of Rail- road Avenue fora width of ten feet immediately south of the north line of said Railroad Avenue, all adjacent to the property of Thomas J. Mulgrew Company de- scribed as Lot 1 of 1, 1 of 2, 1 of 3, 1 of 4, and 1 of 5 of Block No. 27 and Lots 4a, 4 and 3 of Block No. 17 in Dubuque Harbor Com- pany Addition, under the follow- ing conditions: (1) Easement being requested for fire protection and safety pur- poses and for the construction thereon of a wall or dike en- closing certain oil storage tanks, the easement shall terminate and the owner liable for removal of such wall or dike whenever the hazard or need for such protec- tion and dike no longer exists. (2) No building or structure other than the dike and necessary underground piping shall be built in or placed on the easement. Respectfully submitted, Yours truly, DUBUQUE PLANNIIQG AND ZONING COMMISSION, By: R. V. McKAY, Secretary, Councilman Welu moved that the recommendation of the Plan- ning and Zoning Commission as submitted upon the application of City Manager Schiltz, be approved, and proper proceedings ordered prepared. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Paul Braun and others, property owners, residing in the district between Shiras Avenue and Roosevelt Street on Lincoln Avenue, requesting that Lincoln Avenue be repaired and put in as good condition as it was before the City Water Department installed the new water mains on the west side of this section of Lincoln Avenue, presented and read. Councilman Austin moved that the petition be referred to the City Manager. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Leonard T. Smith requesting a blasting permit and submitting far Council approval a blasting band in the amount of $5,000.00, presented and read. Councilman Kolb moved that the request be granted and the blasting bond approved. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims far which warrants were drawn during the month of July, 1951, 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. ORDINANCE N0. 38-51 An Ordinance granting to Don- ald R. Nank and Elmer Sisler, their heirs or assigns, the right to construct a sanitary sewer in Marion Street and prescribing the conditions of this grant and regu- lating the connection with said sanitary sewer, presented and read. Councilman Austin moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- ,, ~~, ~ .t~ ""~ . 520 Special Session, August 27, 1951 Gilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week before its final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 39-51 An Ordinance prohibiting the blocking of railroad crossings and providing a penalty therefor, pre- sented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu.' Nays-None, Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun• Gilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 39-51 An Ordinance prohibiting the blocking of railroad crossings and providing a penalty therefor. Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. No railroad company, railroad engineer, train conductor, or other person having charge or control of any locomotive engine, car or train of cars, shall allow the same to remain standing on its tracks for a longer period than five (5) minutes in such a manner as to obstruct the free flow of vehicular and pedestrian traffic along any street intersecting the said tracks: Section 2. Any person who shall establish that a failure to comply with the terms of Section 1 hereof resulted from a mechanical failure or other unforeseeable circum- stance beyond his control shall not be deemed guilty of a violation of this Ordinance; Section 3. Any railroad company or any officer, agent or employee thereof, who shall violate any of the provisions of this Ordinance, or who shall do any act herein prohobited, shall be deemed guilty of a misdemeanor and upon con- viction shall be subject to a fine of not more than one hundred dol- lars ($100) for each offense. Section 4. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 27th day of Aug• ust, 1951. Rule requiring reading on three separate days suspended by unani- , mous vote the 27th day of August, 1951. Passed, adopted and approved this 27th day of August, 1951. ROMOLO N, RU5S0, 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 30th day of August, 1951. J. J. SHEA, City Clerk, Councilman Welu moved the adoption of the ordinance. Sec• onded by Councilman Kolb, Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 40-51 An Ordinance vacating the por- tion of the alley first east of Con• cord Street from the south line of Marion Street to the south line of Lot 5 of Concord Subdivision and authorizing the conveyance of such portion, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring 1 Special Session, August 27, 1951 521 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 Welu moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 328-51 Resolution Setting Time and Place of Hearing on Proposal to Dispose of Real Estate. Whereas Ordinance No. 40-51 has been introduced in the City Council of the City of Dubuque, providing for the vacation of the portion of the alley lying first east of Concord Street from the south line of Marion Street to the south line of Lot 5 of Concord Subdivision and authorizing the conveyance of said area; and Whereas before such Ordinance may be adopted a public hearing must be held thereon; Now Therefore Be It Resolved by the City Council of the City of Dubuque: Section 1, That a public hear- ing be held on said proposed Or- dinance on the 17th day of Sep• tember, 1951 at 4:00 o'clock P.M. in the City Council Chambers in the City Hall in the City of Du• buque, Iowa, at which time and place all interested parties wlll be given an opportunity to be heard and that the City Clerk is hereby directed to publish notice of said hearing once each week for two consecutive weeks in the manner provided by law. Adopted this 27th day of Aug• ust, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB; RUBIN 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. August 27, 1951 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: Attached is a Grant of Easement through the Sisters of St. Francis property located on Davis Avenue. This is to enable the Water De- partment to install a 16 inch cast iron water main in Davis Avenue. Respectfully submitted, City Water Department, J. J. HAIL, Superintendent. Councilman Kolb moved that the communication and Grant of Easement be received and made a matter of record and that the Grant of Easement be filed with the County Recorder of Dubuque County, Iowa. Seconded by Mayor Russo. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. GRANT OF EASEMENT Know All Men By These Pres- ents: That in consideration of One Dollar ($1.00) in hand paid by the City of Dubuque, Iowa, a muni- cipal corporation, or its assigns, the receipt whereof is hereby acknowledged, the undersigned, Sisters of St. Francis of Dubuyue County, Iowa, a charitable corpora- tion, being owner of Lot 2 and Lot 3 of St. Francis Sub, of the S. E. 1/4 of Sec- tion 12, Township 89 North, Range 2 East of the 5th P.M. in Dubuque County, Iowa. which portion includes the prop- erty over which the below de• scribed easement is granted, here- by grants and conveys to the said City of Dubuque, Iowa, or its as• signs, a perpetual right ar ease- ment as hereinafter described for the purpose of installing at the City's expense a water service main, with the right to go upon said premises at all reasonable times for the purpose of repairing the same where installed; pro• vided however, that said City of Dubuque, Iowa, shall replace ~~.. ~...,.. a+r^aa:..,~ . ~ ~ ~ ~ 522 Special Session, August 27, 1951 whatever earth, sod or shubbery that may be disturbed in the in• stallation or repair of said water service main to as good condition as it was in before the same was disturbed. Said easement is ten feet in width and lying five feet on each side of the following center line: Beginning at a point on the south property line 259 feet west of the east line of Lot 3 of St. Francis Sub. of S. E. 1/4 of Section 12, T 89 N, R 2 E of 5th P.M., thence continuing north for a distance of 56 feet; thence continuing west and parallel to the south prop- erty line for a distance of ap• proximately 422 feet to a point 56 feet northeasterly of the south- westerly corner and on the west- erly property line of Lot 3 of St. Francis Sub. of 5. E. 1/4, of Sec. 12, T 89 N, R 2 E of 5th P.M. thence continuing west from said point for a .distance of 65 feet west of the southeasterly corner of Lot 2 of St. Francis Sub. of S. E.1/4 of Sec.12,T89N,R2Eof 5th P.M. The Grant of Easement shall be binding upon the undersigned, its successors, purchasers and assigns forever. Executed this 4th day of August, 1951. Sisters of St. Francis of Du• buque, Iowa. Dy Mother Ruth Mary Kann By Sister Mary Sixtus Leibfried State of Iowa l SS. Dubuque County J On this 4th day of August, A.D. 1951, before me a Notary Public in and for said County, person- ally appeared Mother Ruth Mary Kann and Sister Mary Sixtus Leibfried to me personally known, who be- ing by me duly sworn, did say that they are President and Sec- retary, respectfully of said chari• table corporation; that the seal affixed is the seal of said cor• poration and that said instrument was signed and sealed on behalf of said charitable corporation and the said Mother Ruth Mary Kann and Sister Mary Sixtus Leibfried acknowledged the execution of said instrument to be the volun• tart' act and deed of said corpora- tion by it voluntarily executed. F. J. O'CONNOR, Notary Public in and for Dubuque County, Iowa. (SEAL) August 24, 1951 Honorable Mayor and City Council. In regard to petition of John L. Ludescher for parking regulations in vincinity of 1900 Seminary Street; Although the area in question is residential and school district the problem is peculiar to this area in that the area is usually com• pletely filled by long term packers completely utilizing the available parking space. The residents affected are ap- parently in agreement that some type of parking relief is necessary. Therefore It Is Recommended, that the north side of Seminary Street be declared atwo-hour park- ing zone in accordance with Sched• ule N Article 16.5, from the north east corner of Avoca Street and Seminary Street to a point 600 feet east thereof. Respectfully submitted, W. J. ANDRESEN, Captain of Traffic. Councilman Kolb moved that the recommendation of Captain of Traffic Andresen be approved and proper proceedings ordered pre- pared. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of William Oakley and George F. Wagner requesting vacation of an alley adjoining Lot 113 in Bel• wont Addition and Lot 71 in Riverview Addition, the Planning & Zoning Commission respectfully recommends the granting of the petition providing (1) a permanant easement over same for future utilities is retained by .the City (2) proper compensation is paid the City. Part of this alley has already been vacated, leaving part in Special Session, August 27, 1951 523 question as a dead end, therefore of little use. Respectfully submitted, The Dubuque Planning & Zoning Commission, By R. V. McKAY, Secretary. Councilman Welu moved that the recommendation of the Plan- ning and Zoning Commission be approved and proper proceedings ordered prepared and that the City Manager be empowered to place valuation on this vacated alley. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu~ Nays-None. August 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In view of the objections raised by William J. Klauer and others- their petition of August 6, 1951- to the proposed rezoning of the area bounded by Bluff Street, West Fifth, Hill and West Eighth to Multiple Residence classification, the Planning & Zoning Commis• sion wishes to withdraw the origi• nal recommendation to your Hon- orable Body dated June 22, 1951, and hereby respectfully recom• mends that this same area with the exception of Lots 15 to 21 and Lot 1 of 27, Lot 1 of 28, and Lots 29 to Lot 1 of 44 inclusive in Car- rells Subdivision in the City of Dubuque be rezoned to Multiple Residence classification. Yours truly, The Dubuque Planning & Zoning Commission, By R. V. McKAY, Secretary. Councilman Kolb moved that the recommendation of the Plan• Wing and Zoning Commission be adopted and proper proceedings ordered prepared. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 27, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The construction of an 8 inch vitrified clay pipe sanitary sewer in Marian Street from the inter- section of Marion and Concord, Streets to a point 360 feet East, which was constructed as a pri• vote sewer by Wesley and Harriet Heitzman has been completed in accordance with plans and specifi• cations and the cost of same has been filed with the City Clerk in accordance with Ordinance No. 20-51. This has been inspected by the City Engineer and he recommends that the sewer be accepted by City Council as a part of the city sewer system. I hereby concur in this recom- mendation and also recommend that the sewer be accepted as a part of the city sewer system by the City Council. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved, Sec• owned by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, August 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of Peter J. Faber submitting an offer of $400.00 for the purchase of ten feet of city owned property ad- joining Lot 1 of Lot 19 of Oak Grove Addition was referred to the City Council to view the grounds. I recommend that the decision of the Council be confirmed ap• proving the sale of this piece of property for the sum of $400.00 after the survey and plat have been furnished to the City by the purchaser; also that after the notices are published, it is pro vided by Chapter 151 of the laws of the 54th General Assembly that a deed be executed by the Mayor and City Clerk. Respectfully submitted, L. J. SCHH.TZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved and ~+e . ~. 524 Special Session, August 27, 1951 proper proceedings prepared. 5ec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of the Hart Implement Company submitting an offer in the amount of $1,500.00 for the purchase of city-owned property adjoining their property at 420 South Locust Street describ- ed as follows: Beginning at the southwesterly corner of Lot 1 of Henry A. Rob- insons Industrial Subdivision, thence East 208.5 feet along the southerly line of said subdivision; thence South 67° 30' West ap- proximately 194.27 feet; thence North 23° 24' West approximately 75 feet to the point of beginning, was referred to the City Council to view the grounds. I recommend that the decision of the Council be confirmed ap- proving the sale of this piece of property to the Hart Implement Company at their bid price of $1,500.00 after a survey and plat have been furnished to the City by the purchasers; also that a deed be executed by the Mayor and City Clerk as provided by Chapter 151 of the laws of the 54th General Assembly. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved and proper proceedings prepared. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 27, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that I have approved the following policy and desire to have your approval on same for filing: EXCAVATION Ideal Plumbing and Heating, 527 Central Avenue. Policy No. 990061, Iowa Mutual Casualty Co. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the bond be approved and placed on file. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Northwestern University in con- junction with the American Bar Association is conducting a train- ing course for police judges from October 15th to October 19th. I recommend that the City Coun• cil authorize Mr, John Heffernan, Police Judge, to attend this school. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 27, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Lloyd Burkart requesting the extension of the present water main westward along Highway 20 was referred to the City Manager for investigation and report. At the present time the City Water Department has suggested work scheduled ahead so that no construction work can be under- taken by them until next year. In regard to the above petition which asks for water main on a state highway, there is a very strong possibility that this high- way will be widened and it would not be advisable to construct this water main until such widening takes place. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the report of City Manager Schiltz Special Session, August 27, 1951 525 be approved. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August, 27, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works, for the month of July 1951; also list of claims and list of pay- rolls for which warrants were is- sued for the month of July 1951. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Austin Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 27, 1951 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of E. M. Stumm in the amount of $12.00 for damages to his automobile resulting from a loose manhole cover has been re- ferred to this office for investiga- tion and report. I have investigated this claim and find that the facts indicate a liability on the part of the City and recommend that the claim be allowed and that the Auditor be instructed to draw a warrant in the amount of $12.00 payable to E. M. Stumm and deliver the same to him upon a receipt of a prop- erly executed release. Respectfully submitted, T. H. NELSON. Councilman Kolb moved that the recommendation of City Solici- tor Nelson be approved and that the City Auditor be instructed to draw a warrant in the amount of $12.00 payable to E. M. Stumm, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re• lease. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 27, 1951 Hon Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Edward L. Alber in the amount of $36.59 resulting from the backing up of a sanitary sewer has been referred to this office for investigation and report. I have investigated this claim and find that the facts indicate a liability on the part of the City and recommend that the claim be allowed and that the Auditor be instructed to draw a warrant in the amount of $38.59 payable to Edward L. Alber and deliver the same to him upon receipt of a properly executed release. Respectfully submitted, T, H. NELSON; Councilman Kolb moved that the recommendation of City Solici- tor Nelson be approved and that the City Auditor be instructed to draw a warrant in the amount of $36.59 in favor of Edward L. Alber, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller. Welu. Nays-None. August 27, 1951 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Andy Weimers- kirch for damages to his automa bile on the alley between Wood and Mt. Pleasant Streets has been referred to this office for consid- eration and report. I have investigated the claim and can find no liability on the part of the City and recommend that the claim be denied, Respectfully submutted, T. H. NELSON, Councilman Kolb moved that the recommendation of City Solici• ~- 526 Special Session, August 27, 1951 for Nelson be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. August 27, 1951 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of T. E. Richards claiming damages resulting from the overflow of rain water from Simpson Street has been referred to this office for consideration and report. I have made an investigation of this matter and can find no lia- bility on the part of the City and recommend that this claim be denied. Respectfully submitted, T. H. NELSON. Councilman Kolb moved that the recommendation of City Solic- itor Nelson be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 329-51 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Hartig Drug Company, 93 Locust Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 27th day of August, 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 ad- option of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 330-51 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Mrs. Florence Miller, 400 Central Avenue. Thomas F. McDonough and Ruth McDonough, 1052 University Ave• nue. Harold A. Muntz, 3203 Jackson Street. Carl L. Noel, 1080 University Avenue. Gaylon C. Seeley, 2595 Rhomberg Avenue. Herbert T. Walker and Arnold Faulhaber, 601 Rhomberg Avenue. James H. Scherer, 1187 Iowa Street. J. Louis Spielman and Susan Spielman, 2002 Johnson Avenue. CLASS "C" PERMIT National Tea Company, 896.898 Main Street. Tenenbom Super Market, Inc., 630 Locust Street. Mrs. Wilma Gloeckner, 343 8th Avenue. James M. Kane, 1205 Cleveland Avenue. Passed, adopted and approved this 27th day of August, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY F. KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen. Councilman Kolb moved the ad- option of the resolution. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 331-51 Whereas, heretofore applica- tions for Beer Permits were filed by the within named applicants 4 i Special Session, August 27, 1951 527 and they have received the ap- proval of this Council; and Whereas, the premises to be occupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap• plicants a Beer Permit. CLASS "B" PERMIT Mrs. Florence Miller, 400 Cen- tral Avenue. Thomas F, McDonough and Ruth McDonough, 1052 University Ave- nue. Harold A. Muntz, 3203 Jackson Street. Carl L. Noel, 1080 University Avenue. Gaylon C. Seeley, 2595 Rhom- berg Avenue. Herbert T. Walker and Arnold Faulhaber, 601 Rhomberg Avenue. James H. Scherer, 1187 Iowa Street, J. Louis Spielman and Susan Spielman, 2002 Johnson Avenue. CLASS "C" PERMIT National Tea Company, 898.98 Main Street. Tenenbom Super Market, Inc., 630 Locust Street. Mrs. Wilma Gloeckner, 343 Eighth Avenue. James M. Kane, 1205 Cleveland Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 27th day of August, 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. RESOLUTION N0. 3321 Whereas, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT FOR PRNATE CLUB Name Address Greater Dubuque Association, 38 West Fourth Street. Passed, adopted and approved this 27th day of August, 1951. ROMOLO N. RUS50, 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. 333-51 Whereas, heretofore application for Class "B" Beer Permit was filed by the within named'applicant and it has received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicant have been inspected and found to comply with the ordinanes of this City and a proper bond has been filed: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is directed to issue to the following named applicant aBeer Permit. CLASS "B" PERMIT FOR PRNATE CLUB Name Address Greater Dubuque Association, 38 West Fourth Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. .~_ 528 Special Session, August 27, 1951 Passed, adopted and approved this 27th day of August, 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 Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Mr. Al Dupont, District Man- ager of Interstate Power Company, addressed the Council with refer- ence to extending the bus route on Cleveland Avenue and also to extending the bus route to serve Park Hill District. There being no further business, Councilman Welu moved to ad- journ. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved ............................... 1952. Adopted .... ......................... 1952. Councilmen ...................................... Attest :.................................................... City Clerk M -- ~ Regular Session, September 4, 1951 529 City Council {OFFICIAL) Regular Session, September 4th, 1951. Council met at 7:30 P.M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Mayor Russo stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of pen- dency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement for the construction of a detention reser- voir on 32nd Street to relieve present Bee Branch Sewer located adjacent to the inlet of present Bee Branch Sewer including earth dam, concrete spillway and retain- ing wall and the relocation of 32nd Street, presented and read. Councilman Welu 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. (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im- provements.) RESOLUTION N0. 334-51 Whereas, proposed plans and specifications and form of con- tract for the detention reservoir on 32nd Street to relieve present Bee Branch Sewer located adja- cent to the inlet of present Bee Branch Sewer, including earth dam, concrete spillway and retain- ing wall and the relocation of 32nd Street have been approved by the City Council of the City or Du• buque and public notice given as provided by Chapter 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of September, 1951; and Whereas, the City Council met in regular session this 4th day of September, 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 pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby over- ruled and such plans, specifica- tions and form of contract hereto- fore approved are hereby adopted. Be It Further Resolved that this resolution containing the de• cision of this Council upon all ob- jections which have been filed to the plans, specifications and form of contract for or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 4th day of September, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCIiUELLER, 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. 306-51 (NECESSITY FOR IMPROVEMINT) Whereas, proposed plans, speci- fications and form of contract have been duly prepared and ap-