1953 July Council Proceedingss;-
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Regular Session, July 6, 1953 459
(OFFICI,4L)
Rogula'r Session, July 6th, 1953
Council met at 7:30 P.M.
Present-Mayor Austin, Council-
men) Kintzinger, Kolb, Schueller,
Welu. City Manager Schiltz,
M'ayor' Austin" stated that this
is the regular meeting of the City
CouncIl for the purpose of acting
upon such business as may prop-
erly cami' before the meeting.
Proof of publication; certified to
by the publishers, of notice of
public hearing upon the proposal
to'amend th'e Zoning Ordinaerce so
as to change the zoning classifica-
tion of Lots 131 to 134 inclusive in
Ham's Addition from its present
Two-family residence D i s t r i c t
Classification to Light Industrial
District Classification, presented
and read.- Councilman Kolb moved
that the proof of publication be re~
ceived and filed. Seconded by Gaun~
Gilman Kintzinger. Carried by the
fallowing vote:
Yeas-Mayor Austin, Council•
men Kintzinger, Kalb, Schueller,'
Welu.
Nays-None,
Councilman Kolb 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
Connell: Seconded by Councilman
Schueller. Carried by the fallowing
vote;
Yeas-Mayor Austin, Council-
'men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Attorney Frank D. Gilloon, rep
resenting Holy Trinity Parish acid
Holy Trinity School; addressed the
Council submitting verbal objec-
tion to the granting of the petition
for the rezoning of Lots 131 to 134
inclusive of Ham's Addition to
Light `Indushial District Classif-
ication as the rezoning will create
a dangerous hazard to the play-
grounds of the Holy Trinity School
caused by heavy traffic in this
locality and requested Council to
defer action- and that the y
be given an opportunity to appear
before the Planning and Zoning
Commission to voice their ob-
jections. Mr, Jahn Luber- and
others, residents and property
owners, addressed the Council
voicing their objections to granting
the petition for the rezoning of
Lots 131 to 134 inclusive of Ham's
Addition and requested that action
be deferred as this would enable
them ~o appear before the Plan•
ping and Zoning Commssion to
voice their objections.
Councilman Schueller moved
that the matter of the rezoning of
Lots 131 to 134 inclusive in Ham's
Addition from Twafamily Res-
idenlce District Classification to
Light Industrial District Classif-
ication be referred back to the
PIamnh~g and Zoning Commission
for consideration and report and
that both the objectors and the
petitioner be notified to be present
at the meeting when said matter
is to be considered, Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None,
Notice of Claim of Andrew A.
Lange in the amount of $8.19 for
damages to his car caused in
striking a large rock in the street
at Adair Street and Loras Boule-
vard; presented and road. Coun;cil-
- man Welu moved that the Notice
of Claim be referred to the City
Solicitor for investigation and re-
port. Seconded by CouncIlmian
Kintzinger. Carried by the follow-
ing. vote;
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Communication of the Seaboard
Surety Company approving of 'the
extension of time granted to the
Iowa Road Building Company for
completion of their contracts un-
til August 15th, 1953 presented and
read. Councilman Kolb moved
that the communication be re-
ceived and filed. Seconded by
Councilman Schueller, Carried by
the following vote;
Yeas-Mayor Austin, CouncIl-
m~n iintzinger, Kolb Schueller,
Welu.
Nays-None,
Communication of L. L. McNeil
with reference to the complaint of
Mrs. Carl Scheufele; 450 Ester
Street, 'and advising that the com~
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460 Regular Session, July 6, 1953
plaint has been corrected by fill-. Calvert requesting a refund in the
ing the depression, presented and amount of $50,00 on the unexpired
read, Councilman Welu moved that portion of their Class "B" Beer
the communication be referred to Permit No. 114, as they have dis-
the Board of Health to view the continued business on June 29th,
~' grounds. Seconded by Councilman 1953, presented and read, Council-
- Schueller, Carried by the following man Welu moved that the request
vote: be granted and the City Auditor
Year-Mayor Austin, Council- instructed to draw a warrant in
men Kintzinger, Kolb, Schueller, the amount of $50.00 in favor of
- Welu. Clifford and Bertha Calvert to
Nays--None cover the amount of refund grant-
.. , ed on the unexpired portion of
Communication of Clarice M. their Class "B" Beer Permit No.
Hayes, Chief Clerk State Land Of- 114. Seconded by Councilman
fice, :Secretary of State, Des Kolb, Carried by the following
Moines, Iowa, advising of the re- vote:
ceipt of documents, together with Council-
yeas-Mayor Austin
- a plat, annexing terl7tory to the ,
Kolb, Schueller,
Inen Kintzinger
City of Dubuque, Iowa, presented ,
Welu
and read. Councilman Kolb moved .
~
, that the communication be re- Nays-None.
, ceived a+nd filed. Seconded by Petition of Willis H. Schissel and
Councilman Welu, Carried by the others, residents of the hill area
following vote; between Loras Boulevard and 16th
Yeas-Mayor Austin, Council- Street, requesting Council to re-
men Kintzinger, Kolb, Schueller, consider the matter of the steps
Welu. connecting Montrose Terrace and
Nays-None. Cornell Street, presented and read.
Flor-
and Mrs
Petition of Mrs Councilman Welu moved thah the
.
,
ion Tigges and others, owners of petition be referred to the City
Council to view the grounds, Sec
property abutting upon Valley and onded by Councilman Schueller.
Riker Streets, requesting the con- Carried by the following vote:
r,., ~ struction of a sanitary sewer in,
upon and along Valley Street from yeas-Mayor Austin, Council- '-
Quinn Street to Mt. Loretta Street men Kintzinger, Kolb, Schueller,
and in Riker Street from Valley Welu. ~
Street to the end of Riker Street, Nays-None,
presented and read, Councilman Petition of Fred E. Hohensee
Welu moved that the petition be and others requesting that a water
referred to the City Manager and main be placed in Woodlawn Street ~
City Engineer, Seconded by Coun- to se1•ve their property, presented
cIlm;an Kolb. Carried by the fol- and read. Councilman Schueller
lowing vote: moved that the petition be re-
Yeas-Mayor Austin, Council- ferred to the City Manager a~ld
men Kintzinger, Kolb, Schueller, Water Department for recommen-
$~~;'~
Welu. lotion and report. Seconded by
Nays-None. Councilman Welu, Carried by the
Petition of Wm, J. Jr, and Eve- following vote:
lyn Hohnecker advising Council yeas-Mayor Austin, Council-
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fi that they own Lot 15 on West 17th, men Kintzinger, Kolb, Schueller,
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Street and a+re against the city va- Welu.
cating the alley behind it, pre- Nays-None.
~` = sented and read. Councilman Welu Petition of Donald G. Marshall
_ moved that the petition be referred requesting permission to continue
to the Planning and Zoning Com- the laying of sidewalks, both pri-
mission for their consideration. vote and public, for the duration
Seconded by Councilman Kolb. Car- of "5idewadk Construction Band,"
ried by the following vote: presented and read. Councilman
Yeas-Mayor Austin, Council- Kolb moved that the request be
men Kintzinger, Kolb, Schueller, glanted. Seconded by Council-
- Welu, man Schueller. Carried by the
Nays-None, following vote: 6
Petition of Clifford and Bertha Yeas-Mayor Austin, Council-
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Regular Session, July 6, 1953 461
m,en Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Petition of William E. Timmons,
Attorney-at-Law, representing Jos.
H. Meyer, making application for
permission to construct an 8 inch
the pipe sanitary sewer in Levi
Street running from a. manhole at
the intersection of Sullivan Street
and Levi Street westerly for a
distance of 166 feet, presented and
read. Councilman Welu moved
that the request be granted and
proper proceedings prepared. Sec-
onded by Councilman Schueller
Carried by the following vote:
Yeas-Mayor Austin, Council-
men Xintzinger, Kolb, Schueller,
Welu.
Nays-None,
ORDINANCE N0. 59-53
An Ordinance granting Jas. H.
Meyer the right to construct a
sanitary sewer in Levi Street;
Providing the terms and conditions
thereof; and providing for a
charge for connecting thereto,
presented 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 Austin, Z°ouncil-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None,
Councilman Kolb moved that
the rules be suspended requiring
an ordinance to be read on three
separate days. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None,
ORDINANCE NC. 54.53
An Ordinance Granting Jos. H. Meyer
the Right to Construct a Sanitary
Sewer in Levi Street; Providing
the Terms and Conditions Thereof;
and Providing for a Charge Por
Connecting Thereto.
Be it Ordained by the City Council
of the City of Dubuque:
Section 1. That Jos. H. Meyer be
and he is hereby granted the right
to construct an S-inch vitrified the
pipe sanitary sewer in Levi Street
from the present manhole at the in-
tersection of Sullivan and Levi
Streets westerly for a distance of 16fi
Peet, upon the following terms and
conditions:
(a) That grantee agrees to con-
struct said sewer within one year
from the date hereof and to pay the
entire cost thereof, including cost of
restoring the surface oP the street;
(b) That said sewer shall be con-
strutted in accordance with plane
approved by the State Department of
Health and the City Manager and
under the supervision and direction
of the City Manager and City Engi-
neer;
(c) That grantee will enter into
a contract for the construction of
said sewer with a qualified contra~-
tor, which contract rvill, among other
things, contain a clause requiring the
contractor to obtain all necessary
permits, including excavation per-
mits, required by the City of Du-
buque, or any other Governmental
agency, a clause obligating the con-
tractor and his bondsmen to keep
said sewer in good repair fora pe-
riod of nct less than two (2) years
from the date of acceptance of the
wm~k, and a clause requiring the
contractor to furnish a surety bond
with the City of Dubuque named as
one of the obligees, guaranteeing the
faithful performance of said contract;
(d) That upon completion of said
sewer and the acceptance of the same
by the City Council said sewer shall
become a public sewer under the ex-
clusive charge and control of the City
of Dubuque and its free use as such
shall not be interfered with by the
grantee, his successors or assigns;
Section 2. After said sewer has
been completed and the total cost
thereof has been paid by grantee,
the grantee herein shall file with the
City Council a certified statement,
ehowing in detail, all amounts paid
out by him in connection with the
construction of said sewer, including
engineering fees and the cost of re-
storing the surface of the street.
Thereafter, any person or persons
desiring to connect with said sewer,
except the grantee herein, shall first
apply to the City Manager for per-
mission so to do and such permis-
sion shall be granted upon condi-
tion that the applicant pay to the
City Treasurer, for the account of
the grantee herein, a connection
charge in an amount which will be
fixed by Resolution of the City Coun-
cil at the time of the acceptance of
said sewer. However, such connec-
tion charges shall not be exacted far
any extension oP said sewer made
by the City of Dubuque, or its per-
mitees.
Section 3, That the authority
granted herein shall terminate on
August let, 1953, unless the terms
and conditions of this Ordinance are
accepted in writing by the grantee
prior to that date.
Section 4. This Ordinance shall
be in full force and effect from and
after its final passage, adoption and
publication as provided by ]aw.
Passed, approved and adopted this
6th day of July, 1953.
RUBEN V. AUSTIN, Mayor.
CLARENCE P. WELU,
RAY P, KOLB,
LEO N. SCHUELLER,
CHARLES A. KINTZINGER,
Councilmen.
Attest:
J J. Shea, City Clerk.
ACCEPTANCE OF ORDINANCE
N0. b4-53
Jos. H. Meyer, of the City of Du-
buque, Dubuque County, Iowa, hav-
ing full knowledge and understanding
of all the terms and conditions of
Ordinance ATO, 54-53, hereby accepts
the same as passed and agrees to
comply with all the terms and con-
ditions thereof.
Accepted this 7th day of July, 1953,
JOSEPH H, MEYER,
Published officially in The Tele-
462 Regular Session, July 6, 1953
graph-Herald newspaper this 10th day
of July, 1953.: .
J. J. SHEA,
1tSulylO City Clerk.
Councilman I{olb moved the
adoption of the ordinance. Sec-
onded by Councilman Schueller.
Carried by the following vote;
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None,
Petition of John T. Kalb, owner
of property on Marion Street east
of Meadow Lane, requesting per-
mission to extend the present 8
inch sanitary. sewer in Marion
Street from its present terminal
manhole easterly approximately
156 feet subject to the usual terms
and conditions, presented and read.
Councilman Welu moved that
the request be granted and proper
proceedings prepared. Seconded.
by Councilman Kolb, Carried by
the following vote: .
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None.
ORDINANCE N0. 55-53
An Ordinance, granting John T.
Kalb the right to construct a sewer
in Marion Street; Providing the
terms and conditions thereof; and
providing for a chaarge for con-
netting thereto, presented 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 Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Councilman Kolb moved that
the rules be suspended requiring
an ordinance to be read on three
separate days. Seconded by Coun-
cilman Schueller. Carried by the
fallowing vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
ORDINANCE N0. 55.53
An Ordinance Granting John T, Kalb
the flight to Construct a Sewer in
Marion Street; Providing. the Terms
and Conditions Thereof; and Pro-
viding for a Charge for Connecting
Thereto
Be It Ordained by the City Council
of the City of Dubuque:
Section L That John T. Kalb be
and he is hereby gt'anted the right to
construct an 3 inch vitrified the pipe
sanitary sewer in Marion Street from
the Present terminus of the sanitary .
aewer in said street located at the
extension of the easterly line of Lot
2 of 1 of 2 of 1 of 1 of 3 of Babcock's
Addition a distance of 155 feet east-
erly of the easterly line of Lot 2 of 1
of 3 of Babcock's Addition, upon the
following terms and conditions:
(a) That grantee agree to con-
struct said sewer witl2in ono year
from the date hereof and to pay the -
entire cost thereof, including cost of
restoring the surface of the street;
(b) That said aewer shall be con-
structed in accordance with plans ap-
proved by the State Department o[
Health and the City Manager and
under the supervision and direction
of the City Manager and City En-
gineer;
(c) ,That grantee will enter into
a contract for the construction of
said sewer with a qualified contrac-
tor, which contract will, among other
things, contain a clause requiring the
contractor to obtain all necessary per-
mits, including excavation permits,
required by the City of Dubuque, or
any other Governmental agency, a
olause obligating the contractor and
his bondsmen to keep said sewer in
good repair for a period of not leas
than two (2) years from the date of
the acceptance of the work, and a
clause requiring the contractor to
furnish a surety bond with the City
of Dubuque named as one of the
obligees, guaranteeing the faithful
performance of-said contract;
(d) That upon completion of said
sewer and the acceptance of the same
by the City Council said sewer shall
become a public sewer under the ex-
clusive charge and control of the City
oP Dubuque and its free use as such
shall not be interfered' with by the
grantee, his successors or assigns.
Section 2, After said sewer has
been completed and the total cost
thereof has been paid by grantee,
the grantee herein shall file with the
City Council a certified statement,
showing in detail, all amounts .paid
out by him in connection with the
construction of said aewer, including
engineering fees and the cost of re-
storing the surface of the street.
Thereafter, any person or persons
desiring to connect with said sewer,
except the grantee herein, shall first
apply to the City Managor for per-
mission so to do and such permission
shall be granted upon condition that,
the applicant pay to the City Trees-
urer, for- the account of the grantee
herein, a connection charge in an
amount which will be fixed by Reso-
lution of the City Council at the time
of the acceptance of said sewer.. How-
ever, such connection charge@ shall
not be exerted for any extension of
said sewer made by the City of Du-
buque, or its permitees.
Section 3. That the authority grant-
ed herein shall terminate on August 1,
1953, unless the terms and oonditions
of this Ordinance are accepted in
writing by the grantee prior to that.
date.
Section 4. This Ordinance, shall be
in full force and effect from and:
after its final passage, adoptign and'
pubIfcation as provided by law.
Passed, approved and adopted this
0th day of July, 1953,
RUBEN V. AUSTIN, Mayor
CLARENCE P. 4VELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A, KIN CounGEmen
Attest: J. J, Shea
City Clerk
Regular Session, July 6, 1953 463
Acceptance of Ordinance No. 55.53
John T. Kalb of the City of Du-
buque, Dubuque County, Iowa, hav-
ing full knowledge and understand-
ing of alI the terms and conditions
oP Ordinance No. 56-63, hereby ac-
cepts the same as passed and agrees
to comply with all the terms and con-
ditions thereof,
Accepted this 3th day of Suly, 1953.
JOHN T. KALB
Published officially in The Tele-
graph-Herald newspaper this 10th
daS' . oP July, 1953.
J. J, SHEA,
It July 10 City Clerk
Councilman Kolb moved the
adoption of the ordinance, Sec-
onded by Councilman Schueller.
Carried by the following vote;
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb,- Schueller,
Welu,
Nays-None.
Petition of Mr. & Mrs. Ralph
Teeling, resident of South Hill
Street, requesting Council to take
appropriate action to restrict auto-
mobile parking on .South Hill
Street between Curtis Street and
Grandview Avenue to one side of
the street, presented and read.
Councilman Kolb moved that
the petition be referred to the
Traffic Department for recommen-
dation and report, Seconded by
Councilman Welu, Carried by the
following vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Petition of John T. Haferbecker
and others requesting Council to
open and grade the alley to service
Lots 15 to 20 inclusive of Fair-
mont Park Addition, presented and
read.
Councilman Schueller moved
that the petition be referred to
the City Council to view the
grounds. Seconded by Councilman
Kolb, Carried by the following
vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None,
Petition of the Interstate Power
Company requesting a revision in
bus fares as shown on the attached
statement in order that good bus
service can be maintained for the
City of Dubuque, presented and
read,
Councilman Kolb moved that
the petition be referred to the
City Council for study and dis-
cussion and that the officials of
the Interstate Power Company be
notified to be present at a special
meeting of the City Council to be
held at 8:00 P.M. on Friday, July
10th, 1953. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller;
Welu.
Nays-None,
Certificates of Levy of the Board
of Trustees of Fire Pension Board;
Board of Trustees of Fire Retire-
ment System; Board of Trustees of
Police Pension Board, Board of
Trustees of Police Retirement
Board; Board of Trustees of the
Library Board; Airport Commis-
sion; Board of Dock Commis-
sioners; and Park Board determin-
ing and fixing the budget require-
ments and tax levies for the en-
suing year, presented and read.
Councilman Welu moved that
the Certificates be referred to the
City Council far study at the time
the budget is being considered by
the City Councih Seconded by
Councilman Kolb. Carried by the
fallowing vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None.
Return of Service, subscribed
and sworn to by City Clerk Shea,
stating that he caused a notice to
be served upon John & Anna
Schaul, 1807 Prescott Street, to
make sewer and water connection
to serve the NE 38 feet of SE 150
feet of Lot 595 Ham's Addition
and the SE 150 feet of Lot 596
Ham's Addition, presented and
read.
Councilman Welu moved that
the Return of Service be received
and filed. Seconded by Councilman
Kolb, Carried by the following
vote,
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None.
July 3, 1953
Horl. Mayor and Members
of the City Council,
Dubuque, Iowa.
Gentlemen:
The claim of Cora M. Holzsc-
chuh has been referred to this
office far investigation and report.
t`f
464 Regular Session, July 6, 1953
Since the claim appears on its face 22-51, be again amended in that
to be barred by the Statute of Section V of Schedule II thereof
Limitations, I recommend the be changed to read as follows: i
same be denied. "White Street fiam the north
Respectfully, line of East Fourth Street to the' t
T, H. Nelson, South line of East 12th;
City Solicitor. J'rom the north line of East
Councilman Kintzinger moved Twelfth Street to the South line
that the recommendation of City of East 14th;
Solicitor Nelson be approved. Sec- From the North line of East
onded by Councilman Schueller, Fourteenth Street to the South
Carried by the following vote: line of East 17th;
Yeas-Mayor Austin, Council- From the North line of East
men Kintzinger, Kolb, Schueller, Seventeenth Street to the South
Welu. line of East 20th;
Nays-None. From. the North line of East
_;' July 3, 1953 Twentieth Street to the South line
~`'~. Hon, Mayor and Members of East 22nd;
of the City Council From the North line of East
Dubuque, Iowa Twenty-second Street to the South `
Gentlemen: line of East 24th."
The claim of Mrs. M. Killeen It is also recommended that
has been referred to this office Schedule III of Ordinance 33-49
~_,, '' for investigation and report. Since be amended by adding:
the claim appears on its face to be "North and South bound traffic
barred by the Statute of Limita- on White Street shall stop before
tions, I recommend that the same entering East 22nd Street and East
be denied. 24th Street"
Respectfully, "Vehicles traveling east mlust
T. H. Nelson, stop before entering St, Ambrose
City Solicitor, and Seminary Streets,"
Councilman Welu moved that Respectfully submitted,
~', •, the recommendation of City Solici- L, J. Schiltz, i
for Nelson be approved. Seconded City Manager.
s'` . by Councilman Schueller, Carried Councilman Kintzinger moved
~''_ - by the following vote: that the recommendation of City
' Yeas-Mayor Austin, Council- Manager Schiltz be approved and
g_' men Kintzinger, I{olb, Schueller, proper proceedings prepared. Sec-
- Welu. onded by Councilman Schueller.
Nays-None. Carried by the following vote:
July 3, 1953 Yeas-Mayor Austin, Council•
_'"= To the Honorable Mayor men Kintzinger, Kolb, Schueller,
and City Council, Welu, 1
Dubuque, Iowa.. Nays-None.
Gentlemen: Councilman Welu moved that
Because of the frequency of ac- a study and investigation be made
cidents on White Street north of by the Traffic Department as to
Twentieth, an investigation has the feasibility of one-way traffic
been made by the Police Depart- on White and Jackson Streets.
ment to determine what corrective Seconded by Councilman Schuel-
measures could be taken to elim- ler. Carried by the following vote:
inate or reduce the accidents on yeas-Mayor Austin, Council-
this street, men Kintzinger, Kolb, Schueller,
They have also investigated the Welu,
conditions existing at Seminary Nays-None.
and St. Ambrose Streets, an in•
tersection which carries a consid- July 3, 1953
erable amount of traffic, at which To the Honorable Mayor
£;: there has been several accidents. and City Council,
~` ' The tecotrtmendation of the Po- Dubuque, Iowa.
lice Department, with which I Gentlemen:
concur, is as follows: I have had several requests for i
That Schedule II of Ordinance investigation to determine whether
33-49, as ant'ended by Qrdinanc~ a. street light is needed at the in-
l
t
regular Session, July 6, 1953 465
tersection of Mt, Carmel Road
and Grandview Avenue.
Because of the fact that this
intersection is on a main thorough-
fare, abus stop and the present
lights are spaced more than 600
feet apart, I recommend that a
street light be installed at this
location.
Respectfully submitted,
L. J. Schiltz,
City Manager.
Councilman Kolb moved that
the recommendation of City Man-
ager Schiltz be approved. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None,
July 2, 1953
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I recommend that Police Chief
Hugh Callahan be authorized to
attend the school for administra•
tive police officials at North•
western University from July, 6th
to 18th. Also, that the Police Chief
be authorized to attend the Annual
Meeting of Association of Chiefs
of Police at Detroit, Michigan,
September 13th to 18th,
Respectfully submitted,
L. J, Schiltz,
City Manager,
Councilman Kolb moved that
the recommendation of City Man-
ager Schiltz be approved, Sec-
onded by Councilman Kintzinger.
Carried by the following vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None.
July 6, 1953
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen;
This is to advise that I have
approved the following bonds and
desh•e to have your approval on
same for filing, subject to the
approval of the City Solicitor:
EXCAVATION
Richard Feyen (Feyen Plumbing
& Heating Co,) Western Surety
Co,
SIDEWALK
Donald G. Marshall, Ilartford
Accident and Indemnity Co.
George M, Altman, Ohio Cas•
ualty Ins. Co,
Vern Carris, Western Surety Co,
L. D. Potter, Western Surety
Co.
Respectfully submitted,
L, J. Schiltz,
City Manager.
Councilman Schueller moved
that the bonds be placed on file
subject to the approval of the
City Solicitor. Seconded by Cauncil•
man Kolb. Carried by the following
vote:
Yeas-Mayor Austin, Council•
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None,
Jttly 6, 1953
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
In order to install the curb and
gutter on Hillcrest Road it is neces-
sary to grade a portion of the
property owned by Hillcrest Baby
Fold and adjacent to the street for
a distance of approximately 950
feet.
The contract has been let for
this work and in order that con-
struction can be started I have
negotiated with the Hillcrest Baby
Fold for permission to make the
necessary fills to support the
curbing and the cuts for sloping
the banks.
I recommend that the City Man-
ager be authorized to sign an
agreement on behaalf of the City
for the payment of $1,000.00 plus
seeding of banks and re•erecting
the fence along Hillcrest Road in
consideration of Hillcrest Baby
Fold granting the permission to
grade inside the property lines.
Respectfully submitted,
L. J. Schiltz,
City Manager,
Councilman Kalb moved that
the recommendation of City Man-
ages Schiltz be approved. Sec-
onded by Councilman Kintzinger.
Carried by the following vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kalb, Schueller,
Welu.
Nays-None,
466 Regular Session, July 6, 1953
July 6, 1953
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlernen;:
Attached hereto is the audit of
the city records by Brooks,
O'Connor and Brooks for the yeas
1952,
Respectfully stbmitted,
L. J. Schilta,
City Manager.
Councilman Kolb moved that the
Audit be received and placed on
file.- Seconded by Councilman.
Schueller. Carried by the fallowing
vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu,
Nays-Noce.
(Awarding Con#ract)
RESOLUTION NO. 28+®53
Whereas, sealed proposals have
been submitted by contractors far
the Improvement of City of Du-
buque 1953 Downtown Resurfacing
Program,, pursuant to Resolution
No. 273-53, and notice to bidders
published in a newspaper published
in said City on Jtme 4th, 1953 and
June 5th, 1953; and
Whereas, said sealed proposals
were opened and read on Jtme 23,
1953, and it has been determined
that the bid of Iowa Road Building:
Company of Fairmont, Minnesota
in the amount of $130,680.11 was
the lowest bid for the furnishing of
all labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
contract for the above mentioned
improvement be awarded to Iowa
Road Building Company and the
Manager be and he is hereby di-
rected to execute a contract on be-
half of the City of Dubuque for the
complete performance of said
work.
Be It Further Resolved, that up-
on the signing of said contract
and the approval of the contrac-
tors bond the City Treasurer is au-
thorized and instructed to rettn'n
the bid deposits of the unsuccessful
bidders.
Approved and placed on file for
one week on June 23rd, 1953.
Passed and adopted this 6th day
of July, 1953,
RUBEN V. AUSTIN
Mayor.
CLARENCE P. WELU
RAY F, KOLB
LEO N, SCHUELLER
CHARLES A, KINTZRVGER
Councilmen.
Attest: J, J. SHEA
City Clerk.
Councilman Welu moved the
adoption of the resolution. Second-
ed by CouncBman Kolb. Carried
by the following vote:
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
Mr, Harry Hanson, 491 Burch
Street addressed the Council stat-
ing that he objects to including the
cast of the removal of the old ties
from the street on Hill Street in the
assessment to be levied against his
property.
(Awarding Contract}
RESOLUTION NO. 285-53.
Whereas, sealed proposals have
been submitted by contractors for
the improvement of the City of Du-
buque 1953 Concrete Pavement
Program No. 1 pursuant to Resolu-
tion No. 274-53 and notice to bid-
ders published in a newspaper pub-
lished in said City on June- 4th,
1953 and June 5th, 1953, and
Whereas, said sealed proposals
were opened and read on June 23,
1953, and it has been determined
that bhe bid of Thos. Flynn Coal
Company of Dubuque, Iowa in the
amount of $53,355.75 was the lowest
bid for the furnishing of all labor
and materials and performing the
work as provided for in the plans
-and specifications;-now therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
contract for the above mentioned
improvement be awarded to Thos,
Flynn Coal Company and the Man-
ager be and he is hereby directed
to execute a contract on behalf of
the City of Dubuque for the com-
plete performance of-said work.
Be It Further Resolved, that up-
on the sighing of said contract and
the approval of the contractors
bond the City Treasurer is author-
ized and instructed to retmm the
hid deposits of the unsuccessful
bidders,
Special Session, July 6th, 1953 467
Approved and placed on file far
one week on June 23rd, 1953.
Passed and adopted this 6th day
of July, 1953,
RUBEN V, AUSTIN
Mayor.
CLARENCE P. WELD
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZIlQGER
Attest: J. J. SHEA
City Clerk.
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Kolb. Garried by
the following vote:
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
(Awarding Cora#rac#)
RESOLUTION N0. 286-53.
Whereas, sealed proposals have
been submitted by contractors for
the improvement of Rowan Street
from South Property Line of South
Grandview Avenue to South Cor-
poration Limits, pursuant to Reso-
lution No. 276-53 and notice to bid-
ders published in a newspaper pub-
lished in said City on June 4th,
1953 and June 5th, 1953, and
Whereas, said sealed proposals
were opened and read on June 23,
1953, and it has been determined
that the ,bid of Thos, Flynn Coal
Company of Dubuque, Iowa in the
amount of $48,436.50 was the lowest
bid for the furnishing of alI labor
and materials and performing the
work as provided for in the plans
and specifications; now therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
contract for the above mentioned
improvement be awarded to Thos.
Flynn Coal Company and the Man-
ager be and he is hereby directed
to execute a contract on behalf of
the City of Dubuque for the com-
plete performance of said work.
Be It Further Resolved, that up-
on the signing of said contract and
the approval of the contractors
bond the City Treasurer is author-
ized and instructed to return the
bid deposits of the unsuccessful
bidders.
Approved and placed on file for
one weep on June 23rd, 1953.
Passed and adopted this Gth day
of July, 1953.
RUBEN V. AUSTIN
Mayor,
CLARENCE P. WELU
RAY F. KOLB
LEO N, SCHUELLER
CHARLES A. KINTZINGER
Councilmen.
Attest: J. J, SHEA
City Clerlc.
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Kolb. Carried
by the following vote:
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 303-53.
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 Gity and the
Manager is directed to issue such
permit on behalf of said City.
NAiNE AND ADDRESS
Angela E. Martin, 280 Locust
Street.
Kathleen Mihalakis, 649 East
16th Street,
Norbert H. Sauser, 2774-2776
Jackson Street.
Mrs. June Bull, 779 Iowa Street.
Be It Further Resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
this 6th day of July, 1953,
RUBEN V, AUSTIN
Mayor,
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
Councilmen,
Attest: J. J. SHEA
City Clerk.
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 304-53.
Whereas, applications for Beer
Permits have been submitted to
this Council for approval and the
;~ ~:--
''`<
4b$ Special Session, July bth, 1953
same have been examined; Now, Passed, adopted and approved
Therefore, this 6th day of July, 1953.
Be It Resolved by the Council of RUBEN V. AUSTIN
the City of Dubuque that the fol- Mayor.
lowing applications be granted and CLARENCE P. WELD
the licenses are to be issued upon RAY F. KOLB
the compliance with the terms of LEO N, SCHUELLER
the ordinances of this City. CHARLES A, KINTZINGER
CLASS "@" PERMIT Councilmen.
185 Main
William P. Collins Attest: J. J. SHEA
,
Street. City Clerk.
Larry B, Kemp, 1200 Iowa Street. Councilman Kolb moved the
adoption of the resolution. Second-
- CLASS "C" PERMIT ed by Councilman Welu. Carried
Louis O'Meara, 1655 Delhi Street, by the following vote:
` ` Passed, adapted and approved Yeas-Mayor Austin, Councilmen
Schueller, Welu,
Kolb
Kintzinger
i' `- this 6th day of July, 1953. ,
,
Nays-None.
RUBEN V, AUSTIN
Mayor, RESOLUTION N0. 306-53.
CLARENCE P. WELU Preliminary resolution for t h e
RAY F, KOLB construction of (type and place of
LEO N. SCHUELLER improvement) Perry Street Sani-
CHARLES A. KINTZINGER tary Sewer and Lift Station with
Councilmen, Force Main
;•~~' Attest: J. J. SHEA Whereas, the City Council deems
City Clerk, it necessary to institute pro~eed-
Councilman Kolb moved the ings far the construction of (nature
adoption of the resolution. Second- of improvement with beginning and
ed by Councilman Schueller, Car- terminal points) an 8 inch sanitary
ried by the fallowing vote: sewer and lift station and a 6 inch
Yeas-Mayor Austin, Councilmen iron force main to serve all of
3' ~ = Kintzinger, Kolb, Schueller, Welu. Block 6 and Lots 1 to 20 inclusive
Nays-None, of Block 15, and Lots 7 to 16 in-
elusive of Block 14, and Lats 7 to
RESOLUTION NO. 3053, 26 inclusive of Block 7, and Lots
Whereas, heretofore applications 17 to 26 inclusive of Block 4, and
for Beer Permits were filed by the Lots 19 to 27 inclusive of Block 5,
within named applicants and they all in Grandview Park Addition.
have received the approval of this Now Therefore Be It Resolved by
Council; and the City Council of the City of Du-
Whereas, the premises to be oc- buque, Iowa:
f,=. cupied by such applicants have 1. That the City Engineer is
been inspected and found to com- hereby instructed to prepare pre-
ply with the ordinances of this liminary plans and specifications,
City and they have filed proper an estimate of total cost, and a
bonds: Now, Therefore, plat and schedule for said improve-
Be It Resolved by the Council of ment and place the same on file
the City of Dubuque that the Man- with the City Clerk,
2. That the property to be bene•
ager be and he is directed to issue fitted by said improvement is (gen-
to the following named applicants eral description of all property in
a Beer Permit. district) an 8 inch sanitary sewer
~;; CLASS "6" PERMIT and a lift station and a six inch
, William P. Collins, 185 Main cast iron force main to serve all of
'_ ~ - Street. Block 6 and Lots 1 to 20 inclusive
Larry B. Kemp, 1200 Iowa Street. of Block 15, and Lots 17 to 26 in-
"'
; elusive of Block 18 and Lots 7 to 26
, CLASS "C" PERMIT
inclusive of Block 7 and Lots 17 to
Louis O'Meara, 1655 Delhi Street, 26 inclusive of Block 4 and Lots 19
Be It Further Resolved that the to 27 inclusive of Block 5, all in
bonds filed by such applicants be Grandview Park Addition and that
and the same are hereby approved. the Council proposes to assess 100
Special Session, July 6th, 1953 469
per cent of the total cost of said
improvement against said proper-
ty.
3, The estimate of total cost of
said improvement herein ordered
shall include an estimate of the
cost of engineering, preliminary re-
ports, property valuations, esti-
mates, plans, specifications, notic-
es, legal services, acquisition of
land, consequential damages or
costs, easements, rights of way,
construction, (repair) supervision,
inspection, testing, notices of publi-
cation, interest, and printing and
sale of bonds.
5, That said improvement is
hereby designated (Short Title)
Perry Street Sanitary Sewer & Lift
Station and may be referred to by
such title in all subsequent pro-
ceedings.
Passed, adopted and approved
this 6th day of July 1953.
RUBEN V. AUSTIN
Mayor,
CLARENCE P, WELU
RAY F, KOLB
LEO N. SCHUELLER
CHARLES A. KINTZIlVGER
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 Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
RESOLUTION N0. 301-53
Preliminary approval of pro-
posed plans, specifications, form
of contract, plat and schedule
and all other documents for
the construction of P e r r y
Street Sanitary Sewer and Lift
Station with force main which
consists of: an eight inch sanitary
sewer and lift station and a six
inch cast iron force main to serve
all of Black 6 and Lots 1 to 20 in-
clusive of Block 15, and Lots 7 to
i6 inclusive of Block 14, and Lots
7 to 26 inclusive of Block 7,
and Lots 17 to 26 inclusive of Block
4 and Lots 19 to 27 inclusive of
Block 5, all in Grandview Park
Addition, estimated cost $31,405.62,
presented and read. Councilman
Welu moved the adoption of the
resolution, Seconded by Council-
man Kolb. Carried by the following
vote;
Yeas-Mayor Austin, Councilmen
Kintzinger, Kalb, Schueller, Welu.
Nays-None,
Honorable Mayor and members
of the City Council of the City of
Dubuque, Iowa,
I herewith submit a proposed
plat of Perry Street Sanitary Sew•
er and Lift Station and Force Main
and a proposed schedule of valua-
tions of the lots within the district
served by said improvement,
K, J. Cullen
City Engineer,
RESOLUTION N0. 308®53.
Resolution determining valua-
tions of each lot within the pro-
posed assessment district for
(Short Title) Perry Street Sanitary
Sewer & Lift Station and Force
Main.
Be It Resolved by the City Coun-
cil of the City of Dubuque:
1, That the valuations set out in
the foregoing list are hereby de-
termined to be the present fair
market value, with the proposed
improvement completed, of each
lot within the proposed assessment
district £or (Short Title) Perry
Street Sanitary Sewer & Lift Sta-
tion and Farce Main.
And the City Clerk is hereby di-
rected to report the same to the
City Engineer who shall show such
valuations on the schedule hereto-
fore ordered for said improvement.
Passed, adopted and approved
this 6th day of July 1953.
RUBEN V. AUSTIN
Mayor,
CLARENCE P, WELD
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
Councilmen.
Attest: J, J. SHEA
City Clerk.
Councilman Welu moved the
adoption of the resolution, Second-
ed by Councilman Schueller, Car•
ried by the following vote:
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 309-53,
Resolution of necessity for con-
struction of (Short Title) P e r r y
Street Sanitary Sewer and Lift Sta-
tion with force main also setting
'~~'~~ 470 Special Session, July 6th, 1953
time and place of hearing and pre- the assessment thereof, or the t
scribing notice for (Short Title) boundaries of the district.
Perry Street Sanitary Sewer and 5. The City Clerk is hereby au-
Lift Station with farce main. thorized and directed to cause pub-
`
Whereas, proposed plans and lit notice of the date, time and
iven b
t
b
i `
specifications, plat and schedule y
o
e g
ng
Place of hear
have been duly prepared and ap- Publication once each week for two
proved by the City Council of the consecutive weeks the first of
City of Dubuque and are now on which publications shall be not less
file in the office of the City Clerk than fifteen nor more than twenty
among other, things the
showing five days prior to said hearing and
,
following: by maIling a copy of said notice
a. An estimated total cost of the by ordinary mail to the owners of
said property to be assessed, as
work. shown by the records in the office
b. The amount proposed to be of the County Auditor not less than
~~ assessed against each lot for the fifteen days prior to said hearing.
~;` improvement for the construction Approved on first reading this
of (description of improvement) an 6th day of July 1953.
8 inch sanitary sewer and lift RUBEN V. AUSTIN i
station and a six inch cast iron Mayor.
force main to serve all of Block 6 CI,ARENCE P. WELU
and Lots 1 to 20 inclusive of Block RAY F. KOLB
~
15, and Lots 7 to 16 inclusive of LEO N. SCHUELLER •
Block 14, and Lots 7 to 26 inclusive CHARLES A. KIlVTZINGER
of Block 7, and Lots 17 to 26 in- Councilmen.
clusive of Block 4 and Lots 19 to 27 Attest: J. J. SHEA
inclusive of Black 5, all in Grand- City Clerk.
view Park Addition, Councilman Welu moved that the
~ Be It Therefore Resolved by the foregoing resolution be now consid-
' City Council of the City of Du- Bred complete in farm for final
,
:
buque, Iowa:
adoption and that the same be
1. That the City Council deems placed on file with the City Clerk
.(== - it advisable and necessary for the for public inspection. Seconded by
3 ` public welfare to make said im- Councilman Kintzinger. Carried by
provement, the following vote: a
'*'~~' ~
2. Said improvement shall be Yeas-Mayor Austin, CouncIlmen
constructed and done in accord- Kintzinger, Kolb, Schueller, Welu. ;
ante with said plans and specifica- Nays-None.
tions and 100 per cent of the total Mayor Austin moved that t h e
~." ' cost of making said improvement matter of the presentation of the
shall be assessed against all pri• American Flag by the ladies of the
vately owned property lying within Hyde Clark Post of the Grand Ar-
the assessment district shown an my of the Republic and the accep-
such plat in an amount not to ex- tance of said flag by Mayor Austin
teed the amount provided by law on behalf of the City of Dubuque,
and in proportion to the special Iowa, be made a matter of record,
benefits conferred thereby. Seconded by Councilman Welu.
3. Bonds shall be issued and sold Carried by the following vote;
in anticipation of deferred pay- Yeas--Mayor Austin, Councilmen j
ments of assessments when acon- Kintzinger, Kolb, Schueller, Welu.
tract has been performed and ac- Nays~None.
cepted and the proceeds thereof petition of City Employees Local
l used to pay the contractor. 228 requesting a fifteen per-cent in- i
4. On the 3rd day of August 1953 crease in wages and also that a
at 7:30 P.M., the City Council will three weeks vacation be allowed
°" ` meet in the City Council chambers after fifteen years of city employ-
in the City Hall, in the City of Du- ment, presented and read. Council-
- buque, Iowa and hear property man Schueller moved that the peti-
owners subject to the assessment tion be referred to the City Council
and interested parties for and for study at the time the budget is
against the improvement, its cost, being considered by the City Coun-
t
1
Special Session, July 6th, 1953 471
cil. Seconded by Councilman Welu.
Carried by the following vote;
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
There being no further business
Councilman Kolb moved to ad-
journ. Seconded by Councilman
Welu. Carried by the following
vote;
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
J. J. SHEA
City Clerk,
Approved .................................. 1053
Adopted .................................... 1953
Councilmen: j ......:...........................
I
l ..................................
Attest ..................................
City Clerk
472 Special Session, July 10, 1953
, question of bus service throughout
• - ~
~ ~ j ~ '~i ~ ~ '~ 1; i ~ i ~; i ~ ; ~ f ~
! I I ~ ` ~ ; I I I' ~ 1 ~ ! ~ ~'~ i
~
~
~
~
~
~ ~
' '~ ~
~ the City of Dubuque and the re-
the Interstate Power
est b
~~ ,
' i
~ i
~
~
~
'~ l
i
` ~ i ~
~ y
qu
" Company for an increase in bus
(OFFICI,AL.) fares in which discussion the May-
- Special Session, July 10th, 1953. or, Members of the City Council,
the City Manager, and Mr. A.J.
Council met at 8:00 P.M. Dupont, District Manager of the
Present-Mayor Austin, Council- Interstate Power Company, a n d
men Kintzinger, Kolb, Schueller, members of the Bus Drivers Local
Welu, City Manager SchIltz, Meet- participated, Councilman Kintzin°
ing called by order of Mayor that the request of the
ger moved
Austin. _
Interstate Power Company for an
Mayor Austin read the call and increase in bus fares be granted
stated that service thereof had and a proper ordinance be pre-
- been duly made and that this meet- pared. Seconded by Mayor Austin.
_.; ing is called for the purpose of Motion lost 'by the following vote:
f` considering the petition of the In-
Yeas-Mayor Austin and Coun•
L
. terstate Power Company, request- oilman Kintzinger.
s F
-
~;, :
ing a revision in bus fares, and
Nays-Councilmen Kolb, Schuel-
acting on any other business as ler and Welu.
may properly come before a regu- Councilman Kolb moved that ac•
lar meeting of the City Council.
tion on the request of the Inter-
.~ Communication of Mrs. M, Briar state Power Company for an in-
.'j objecting to granting an increase crease in bus fares be postponed
in bus fares to the Interstate until the Council meeting to be
Power Company, presented and held July 15bh, 1953. Seconded by
read, Councilman Welu moved that Mayor Austin, Carried by the fol-
the commrunication be received lowing vote:
~5; -
and filed. Seconded by Councilman
yeas-Mayor Austin, Councilmen
~- ` Kolb. Carried by the following
Kintzinger, Kolb, Schueller, Welu.
vote:
Councilmen
Yeasayor Austin Nays-None,
,
Kintzinger, Kolb, Schueller, Welu. July 2, 1953
d
Nays-None, Honorable Mayor an
` Communication of T, F, Ris ob- City Council,
Iowa,
Dubuque
jetting to granting an increase in ,
bus fares to the Interstate Power Gentlemen;
Company, presented and read, With the large decrease in pas-
Councilman Welu moved that the sengers and the continued rise in
communication be received and costs of operation, in our transit
filed, Seconded by Councilman system, we find the present fares
Kolb. Carried by the following inadequate to meet operating ex-
vote: penses. The loss in operation for
Councilmen
Yeas-Mayor Austin a twelve month period ending May
,
Kintzinger, Kolb, Schueller, Welu. 30, 1953 was $50,409.00 before
return on our investment.
n
Nays-None, y
a
CouncIlman Schueller moved In view of this tremendous loss,
that the rules be suspended for the we find it necessary to appear be-
purpose of allowing any one pres- fore you formally to request a
revision in bus fares as shown in
ent in the Council Chamber, who in order
the attached statement
wishes to do so, to address the ,
that good bus service can be main-
Council, Seconded by Councilman, tained for Dubuque,
- Welu. Carried by the following
vote; We are attaching statement of
Yeas-Mayor Austin, Councilmen earnings and operating statistics
Kintzinger, Kolb, Schueller, Welu. for the years 1948 through 1952,
{ ~ Nays-None. for the twelve months ending May
Petition of the Interstate Power 31, 1953 and other pertinent infor-
Company requesting an increase in mation,
bus fares was taken up for con- We will Punish any additional in-
sideration and discussion. After a formation you desire and will be
i. ,,' very lengthy discusslon~ on the glad to appear before the City
Special Session, July 10, 1953 473
Council for a thorough discussion
of the requested increase in bus
fares,
Your early consideration of this
request will be appreciated.
Very truly yours,
Interstate Power Company
A. J. Dupont
District Manager.
Councilman Welu moved that
the petition be received and made
a matter of record. Seconded by
Councilman Kolb. Carried by the
fallowing vote:
Yeas-Mayor Austin, Council•
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
July 10, 1953
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the City Council meeting of
July 6th the City Manager was
authorized to enter into an agree-
ment with an engineering firm to
make a study of the problems in-
volved in sewage collection and
~ treatment facilities for the City of
Dubuque.
) I have negotiated a contract
with the firm of Consoer, Town-
send and Associates, the engineer-
t ing firm that submitted designs
for the sewage disposal plant in
1946 to make this report, They,
however, desire to have this agree-
ment incorporated in a contract in-
volving the final design of the dis-
posal plant.
This, however, is contingent
upon the city using the report
they present.
~ I have had the City Solicitor
review this contract and have
made the changes that he sug-
gested. I, therefore, recommend
that the City Manager be author-
ized to sign the agreement on be-
half of the city for the engineering
i services for the sewage disposal
'.- plant.
Respectfully submitted,
` L. J. Schiltz,
City Manager.
Councilman Welu moved that
the recommendation of City Man-
l ager Schiltz be approved, Sec•
onded by Councilman Kolb. Car•
ried by the following vote;
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None.
There being no further business
Councilman Schueller moved to ad-
journ Seconded by Councilman
Welu, Carried by the following
vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
J, J. Shea,
City Clerk.
Approved ................ .... 1953
Adopted .................................... 1953
II . ................................
Councilmen: i ..................................
I . ................................
I
1 ..................................
Attest ..................................
City Clerk
474 Special Session, July 15, 1953
Schueller. Carried by the follow~
it ~ ~ ~ i
~~i~~`~'I ~I ~ in vote:
~ ~ ~I~ ~ ' (~~ ~ ~ ~ I'~ ,~ ~, ~ ~~ ~ ~ ~ i Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
(OFFIChQL)
Special Session, July 15th, 1953.
Council met at 7:30 P.M.
Present-Mayor Austin, Coun-
cilmen Kintzinger, Kolb; Schueller,
Welu. City Manager Schiltz.
Meeting called by order of Mayor
Austin,
Mayor Attstin read the call and
stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of
conducting public hearings on a
proposal to amend and change the
zoning classification of an area on
Dodge Street from its present
Two-family Residence D i s t r i c t
Classification; also for the con-
struction of a six inch sanitary
sewer in Davis Street; and acting
on any other business as may
properly come before a regular
meeting of the Gity Council.
Proof of publication, certified
to by the publishers, of notice of
public hearing on a proposal to
amend tie Zoning Map and Zon-
ing Ordinance to change the zon-
ing classificat'°^n from its present
Two-family Residence D i s t r i c t
Classification, the property de-
scribed as follows; Beginning at a
point 168 feet west of the east
line of Lot 1 of Lat 2 of Lot 1
of Lot 1 of Mineral Lot 67 where
same intersects with the north
line of Dodge Street, thence north-
erly 250 feet, thence westerly
along a line parallel to the north
line of Dodge Street 490 feet,
thence southerly lOD feet to con•
nett with the present Local Busi-
ness District, presented and read.
Councilman Kolb moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Kintzinger, Carried by
the following vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None,
Welu,
Nays-None.
To the Honorable Mayor
and City Council of the
City of Dubuque, Iowa:
The undersigned, residents and
owners of real estate in the im-
mediately adjacent and directly
affected territory and neighbor-
hood in the City of Dubuque,
Iowa, hereby reduce to writing
remonstrance to the certain pro-
posal on file with the Clerk of
the City of Dubuque, Iowa, to
amend the Zoning Map and Zon-
ing Ordinance to change the zon-
ing classification from its present
Twafarnily Residence D i s t r i c t
Classification to Local Business
District Classification, the prop-
erty being more particularly de-
scribed as follows:
Beginning at a point 168 feet
West of the East line of Lot One
of Lot 2 of Lot One of Lot One
of Mineral Lot 67 where same in-
tersects with the North line of
Dodge Street, thence Northerly
250 feet, thence Westerly along a
line parallel to the North line of
Dodge Street 490 feet, thence
Southerly 100 feet to connect with
the present Local Business District.
The petition of Thomas E.
Byrne reveals that he contemplates
converting a certain quarry located
within this area into a trailer
court.
Your Honorable Body is hereby
respectfully petitioned by the un-
dersigned to deny the proposal to
rezone this area for the reasons
following:
(1) That it would establish a
dangerous and bad precedent in
that it would invite further sim-
ilar rezoning applications;
(2) That to permit the same
would result in the depreciation
of all real property in the im-
mediately adjacent and directly
affected territory and neighbor-
hood;
(3) That to permit the same
would detract from the natural
beauty of the surrounding area;
(4) That a trailer court in a
residential area is highly repug-
Councilman Welu moved that
the rules be suspended for the
purpose of allowing any one pres-
ent in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
special Session, July 15, 1953 475
Want to those living within the
area;
(5) That a trailer court is more
difficult, if not impossible, to prop-
erly police, particularly with our
already undermanned police force;
(6) That to permit a trailer
court in this area would permit a
definite fire hazard in that it
would be virtually impossible for
our City fire equipment to service
this proposed trailer court with-
out unnecessarily jeorpardizing the
lives of our firemen and exposing
the vehicular fire equipment to
damage;
(7) That to permit a trailer
court in this area will result in a
serious traffic hazard affecting the
safety of not only pedestrians but
vehicular users of the streets in
this area;
(8) That trailer courts over the
years within the boundaries of the
City have proven to be nothing
else than a public nuisance;
(9) Should said property be re-
zoned as petitioned, it would per-
mit said property to be used far
tavern purposes, which is stren-
uously opposed by all the under-
signed.
Dated at Dubuque, Iowa this 1st
day of July, 1953,
E St. Joseph Mercy Hospital of
Dubuque,
I By Sister Mary Immaculata
And other property owners
affected.
f Attorney Robert Kenline, repre-
senting St: Joseph's Mercy Hospital
and the other signers of the peti-
tion, addressed the Council in sup-
- port of the written objections as
set out in the petition.
To the Honorable Mayor
and City Council of the
City of Dubuque, Iowa.
We, the undersigned, owners of
Lot 1 of Thomas E. Byrne Subdi-
) vision, in the -City of Dubuque,
Iowa, direct the attention of the
City Council of the City of Du-
buque, Iowa to the fact that on i
December 3, 1951, the City Council
passed; adopted -and approved
Resolution No, 450-51, whereby
~ the plat of Thomas E. Byrne Sub-
. division was approved and the
? dedication of Clara Street was ac•
cepted by the City of Dubuque.
E This Resolution provided that said
1 Plat be approved upon Thomas E.
Byrne filing a surety Company
bond in the amount of $5,944,40 to
insure construction and comple•
tion of improvements to Clara
Street on m• before December 1,
1952.
The undersigned an October 21,
1952 did purchase from Thomas E..
Byrne and Clara C. Byrne the
above described property and ob-
tained awarranty deed therefor.
On December 9, 1952, the City-
Council extended the.-bond filed
by Mr, Byrne to December 11,
1953.
That to date nothing has been
done by way of improvement to
Clara Street as provided for in
the Resolution passed by the City
Council and the undersigned -are
left with no recourse but to wait
until December 11, 1953 before
they can assert their right to said
improvements of Clara Street and
in the interim the undersigned are
left with a substantial investment
in said lot with no forseable pros-
pect of being able to improve the
same or being able to sell it.
The undersigned are of the firm
opinion that the City Council
should not approve the recommen-
dation of the Planning and Zon-
ing Commission to rezone the cer-
tain quarry property owned by
Mr. Byrne in order that a trailer
court may be installed and there-
by issued to the City of Dubuque
and to the undersigned that the
resources and efforts of Hr. Byrne
will be directed to the improve-
ments on Clara Street as required
in Resolution No. 430-51,
Respectfully submitted
Joseph D, Gribben
Clarice K. Gribben
Robert J. Gribben
Attorney Romolo N. Russo, re-
presenting the petitioners, ad-
dressed the Council in support of
the written objections as set out
in the petition.
Mr. Thos, E, Byrne addressed the
Council in support of his petition
in which he requested the rezoning
of his property beginning at a
point 168 feet west of the east
line of Lot 1 of Lat 2 of Lot 1 of
Lot 1 of Mineral Lot 67 where
same intersects with the north
line of Dodge Street, thence north-
erly 250 feet, thence westerly
along a line parallel to the north
line of Dodge Street 490 feet,
thence southerly 100 feet to con•
476 Special Session, July 15, 1953
nett with the present Loeal Busi-
ness District, from Two-Family
Residence District Classification to
Local Business District Classifi-
cation.
Councilman Welu moved that
the matter of the rezoning of the
area beginning at a point 168 feet
west of the east line of Lot 1 of
Lot 2 of Lot 1 of Lot 1 of Mineral
Lot 67 where same intersects with
the north line of Dodge Street,
thence northerly 250 feet, thence
westerly along a line parallel to
the north line of Dodge Street 490
feet, thence southerly 100 feet to
connect with the present Local
Business District, from Two-Fam-
ily Residence District Classifica-
tion to Local Business District
Classification, together with the
petitions remonstrating against
said rezoning, be referred back to
the Planning and Zoning Commis•
sion for further consideration and
that the objectors and also the
petitioner be notified to be present
at said meeting of the Planning
and Zoning Commission. Seconded
by Councilman Schueller. Carried
by the following vote;
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Proof of publication, certified to
by the publishers, of notice to
property owners of a proposed
resolution of necessity and esti-
mate of cost and a plat and sched-
ule showing the amount proposed
to be assessed against each lot
and the valuation thereof within
a district as approved by the City
Council of Dubuque, Iowa, for the
construction of a cast iron water
main in Beverly Avenue, Brown
Avenue, Chaney Road, Drexel
Avenue, Hickson Avenue, Lenox
Aver~;e and Pennsylvania Avenue,
presented and read.
Councilman Kolb moved that
the proof of publication be re-
ceived and- filed. Seconded by
Councilman Kintzinger. Carried
by the following vote:
Yeas-Mayor Austin, Council•
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Communication of Mrs, Clara S.
O'Neil stating that she will be
glad to have water and curbing on
her property on Brown Avenue
and Beverly Avenue, presented and
read.
Councilman Welu moved that
the communication be received and
filed. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas-Mayor Austin, Council•
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None,
Communication of James S,
Carpenter, Vice-President of Du-
buque Broadcasting Co., advising
Council that they have no ob-
jection to the proposed assessment
far the construction of a water
main on Pennsylvania Avenue, pre-
sented and read,
Councilman Welu moved that
the communication be received
and filed. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None,
To the
Honorable Ma+yar &
Members of the City Council
of City of Dubuque, Iowa,
Gentlemen:
The undersigned is the owner of
the following described property:
Lot 1 Molo Place No. 1
Lot 526 Lennox Addition
Lot 1. Molo Place No. 2
Lot 2 of 1 of 2 of 4 of M;. L. 260
Lot 2 of 2 of M. L. 259
Lot 1 of 4 of M. L. 260
Lot 1 of 2 of M. L. 259
All in the City of Dubuque, Iowa.
The undersigned also owns a r/z
interest in:
Lot 1 of Molo and Schrup Pl.
No. 1, in City of Dubuque, Iowa.
Against which it is proposed to
levy an assessment for 1953 Water
Main Project No. 1, as contained
in Resolutiorv 295-53 of the City
Council of Dubuque, Iowa, passed
June 23, 1953.
The undersigned objects and pro-
tests sold proposed assessment or
assessments for the following
reasons:
(1) The proposed assessments
are not mlade in accordance with
the special benefits conferred uporn
the property within the assessment
district,
Special Session, July 15, 1953 477
(2) The proposed special as-
sessment of $500 against Lot 1 of
Molo Pl. No, 1 is in excess of 25
percent of the value of lot as
shown by the plat and schedule
approved by the Council on file in
these proceedings. The value of
the lot is shown a+t $1,000 as de-
termined by the City Council and
the extimate of the assessments
is $500, whereas the maximum, is
$250.
(3) The proposed special assess-
ment of $440 against Lot 1 of Molo
and Schrup Place No, 1 is in ex-
cess of 25 per cent of the value of
the lot as shown by the plat and
schedule approved by the Council
on file in these proceedings.
(4) T'he proceedings of the City
Council with respect to the pro-
posed improvements do not in-
dicate whether the same are in~
stituted under Chapter 401 of the
1950 Code of Iowa or under 156 of
the Session Laws of the 54th Gen-
eral Assembly of Iowa. All of the
proceedings thus far have been
incorporated in forms which app
pear to have been worked up prior
to the passage of Chapter 156 of
the Session Laws of the 54th Gen-
eral Assembly, and it is impos-
sible from) the proeedings to date
to determine under what author-
ity the City is proceeding; and it
is therefore fatal to the effective
ness of the proposed assessments
against the property of the under-
signed.
(5) The estimated assessments
have not been made in accordance
with the special benefits conferred
upon the property within the as-
sessment district, and in fact have
been made on a+ discriminatory
basis for the following reasons;
(a) It is apparent that the est-
imjated assessment in most cases
has been determined on the basis
of $2 per front foot without regard
to the depth of the lot to be as-
sessed so that a+ lot of 50 foot
depth has the same estimated as-
sessmenit as a lot 300 foot in depth
so long as the frontage abutting
the proposed water main is the
same,
(b) Som'~e of the lots abutting on
Pennsylvania Ave. have an esti-
mated assessment of less than $2
per foot rather $1 per foot, such
as lots 1, 37, and 38 Falk Sub-
division, each of which has an
140 foot frontage on Pennsylvania
Avenue, and the estimated assess-
ment as to each is $140.
(c) Lots which abut on Penn-
sylvania Avenue a+nd also on any
of the side streets in which the
water improvement is proposed to
be made are proposed to be as-
sessed without regard to the front-
age on Pennsylvania Avonue and
only on the basis of the frontage
on such side streets, such as I.at
1, Block 4, St. Anne's Subdivision
and m,auy others. In spite of this,
lot 526 Lennox Addition, has a pro-
posed assessment of $100, although
it also abuts Wisconsin Avenue.
(6) Chapter 156 of the Session
Laws of the 54th General Assembly
of Iowa constitutes the authority
for the action in the City Council,
Section 9 thereof requires the
Council to detremine the valuation
of each lot within the proposed
assessment district and such val-
uation is be its "present fair
market value with the proposed
public improvement completed."
By the terms of Section 27 of said
Chapter, the assessment for a lot
shall not exceed 25 per cent of
the value of the lot as determined
by the Council. It is self-evident
that the valuation as determined
by the Council has been arrived at
not by measuring the true market
value of the property, but rather
by m;iltiplying the proposed as-
sessment (of approxim;ahely $2 per
front foot) by four, although the
correctness of such multiplication
is challenged. The valuation of the
lots owned or partially owned by
the undersigned has not been made
in accordance with law and does
not represent the present fair
market value with the proposed
public improvement completed,
but rather are excessive in each
case,
(7) )ach lot of the undersigned
is not separately assessed and not
separately valued as in required
by law, See Seetion 9 ~ and 10
Chapter 156 of 54th G.A.
(8) The Water Department of
the City of Dubuque is operated as
a municipally-owned public utility.
There is no reason to justify the
City operating such a utility any
differently than privately-owned
utility. A privately o w n e d
~; ;
~ :-
~-
„':
47g Special Session, July 15, 1953
utility does not and cannot fin- ~
once its expansion or extension
of lines by special assessment nor
should amunicipally-owned utility.
-Such development costs are prop-
erly to be considered as part of
utility, public or private, and for
which investment the utility is
entitled to a fair return from its
operations.
The City Council of Dubuque
should as a mtatter of policy de-
termine and proclaims that this
project as well as future simular
improvements are to be financed
not- be special assessment but
by regular operating procedures
which take into account capital
investments fr-om time to time in
replacements and extensions of
existing facilities.
The chapter of the Code deal-
ing- with water main extensions
exclusively; Chapter 401, reflects
the spirit of the legislature of this
subject where it recites that water
main extensions may be ordered
"only when such extensions have
been petitioned for by at least'
seventy-Five per cent of the owners
of the property subject to such
assessment ..." In this case no
such percentage of owners seeks
the improvement; failing that, the
cost of the impravem,ent should
be done by the Water Fund gen~er-
ally and certainly not by the prop-
erty owners who do not seek the
improvement.
Respectfully submitted,
W. S. Molo
By O'Connor, Thomas, McDer-
mott & Wright,
609 Bank & Insurance Build-
ing
Dubuque, Iowa
His Attorneys
PROTEST
To the Honorable
City Council of the
City of Dubuque:
In response to notice of proposed
special assessment fora "a cast
iron water main in Pennsylvania
Avenue from the West property
line of Lot 1 of 3 of 1 of 1 of 2
of John P. Mettel's Subdivision to
the West property line of Westerly
Early Drive," M. Gertrude Brooks
states:
(1) She is the owner of Lot
of Lot 5 of Mineral Lot 260, i
Dubuque County, Iowa, containing
21.405 acres, and assessed as agri-
cultural land, with her dwelling
and related buildings distant 425
feet from the highway known as
They Middle Road and more re-
cently as an Extension of Pennsyl-
vania Avenue, and all presently
and for many years supplied with
adequate water facilities.
(2) Pennsylvania Avenue as ex-
tended remains an unimproved
county road, and her said lot
abuts 528.65 feet on said unim-
proved road, and for said cast iron
water main it is proposed to as-
sess against her said lot and the
valuation thereof the amount of
$1,057.30 or at the rate of $2.00
per lineal foot.
(3) The proposed improvement
is wholly without any special bene-
fit or value to her said lot.
(4) The proposed assessment
against her said lot is not in ac-
cordance to any special benefits
conferred upon her said property
by reason of the proposed con-
struction of said cast iron water
main in said unimproved Avenue
as extended, and is clearly in ex-
cess of any such benefits.
(5) The proposed assessment
against her said lot is discrimatory
and invalid, in .that her lot .with
a frontage of 528.65 feet is pro-
posed to be assessed $1057.30, or
at the rate of $2.00 per lineal foot,
while the owner of a fifty foot
lot at the same rate would' be
assessed $100.00, although both
lot owners connecting with the
water main would receive the same
water service, and no more.
(6) The statutory limitation
upon the power to assess the cost
of public improvements against
property is based upon special
benefits conferred upon the prop-
erty thereby, and not in excess of
such benefits.
(7) A lot owner should not be
forced to pay an assessment against
her lot for a water main for
which the lot has no need, and
which lot presently has adequate
water facilities,
(8) The City, through its Board
of Waterworks Trustees, acts in a
proprietary capacity, and the con-
1 struction of water mains is a
n i capital investment, and under ex-
Special Session, July 15, 1953 479
fisting statutes the connection
therewith by lot owners may be
required at their cost and the
users of water in turn making
such connections to pay for the
water used at the regular rates,
and the pay -for water by such
users in turn is designed to ulti-
mately spay for such capital in-
vestment.
M. Gertrude Brooks,
Property Owner;
By I{enline, Roedell, Hoffmann
& Reynolds-Her Attorneys.
.418 B. & I. Bldg,, Dubuque, Iowa.
Attorney H. C. I~enline, repre-
senting the petitioner, and others
addressed the Council, with refer-
ence to proposed assessments for
the construction of cast iron water
mains in front of their properties.
RESOLUTION NO. 296-53
Resolution of necessity for con-
struction of (Short Title) 1953
Water ,Main Project No. 1, also
setting time and place of hearing
and prescribing notice for (Short
Title) the 1953 Water Main Pro-
ject No. 1, consisting of a cast
iron water main in:
Beverly Avenue from the south
property line of Lenox Avenue to
the south end of Beverly Avenue.
Brown Avenue from the north
property line of University Avenue
to the south property line of
Lenox Avenue.
Chaney Road from the south
property line of Hillcrest Road to
the nor'tlt property line of Penn-
sylvania Avenue.
Drexel Avenue from the south
property line of Pennsylvania Ave-
nue to the north property line of
Lenox Avenue.
Fairfax Avenue from the south
property line of Pennsylvania Ave-
nue to the north property line of
Lenox Avenue.
Hickson.Avenue from the south
property line of Pensylvania Ave-
nue to the north property line of
Lenox Avenue.
Lenox Avenue from the east
property line of Brown Avenue to
the east property line of Drexel
Avenue.
Pennsylvania Avenue from the
west property line of Lot 1 of 3 of
1 of 1 of 2 of John P, Mettel's
Subdivision to the west property
line of Westerly Earl Drive.
Whereas, proposed plans and
specifications, plat and schedule
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 following:
a. An estimated total cost of
the work.
b, The amount proposed to be
assessed against each lot far the
improvement for the construction
of (description of improvement)
the 1953 Water Main Project No. 1.
Be It Therefore Resolved by the
City Council of the City of Du-
buque, Iowa:
1. That the City Council deems
it advisable and necessary for the
public welfare to make said im-
provement.
2. Said improvement shall be
constructed and done in accord-
ance with said plans and specifi-
cations and 36.5% of the total cost
of making said improvement shall
be assessed against all privately
owned property lying within the
assessment district shown on such
plat in an amount not to exceed
the amount provided by law and
in proportion to the special bene-
fits conferred thereby and the
remainder of the total cost shall
be paid out of the Water Works
General fund.
3. 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.
4. On the 15th day of July, 1953
at 7:30 P.M., the City Council will
meet in the City Council chambers
in the City Hall, in the City of
Dubuque, Iowa and hear property
owners subject to the assessment
and interested parties for and
against the improvement, its cost,
the assessment thereof, or~ the
boundaries of the district.
5. The City Clerk is hereby
authorized and directed to cause
public notice of the date, time
and place of hearing to be given
by publication once each week for
two consecutive weeks the first
of which publications shall be not
less than fifteen nor more than
twenty five days prior to said hear-
ing and by mailing a copy of said
notice by ordinary mail to the
owners of said property to be as-
480 Special Session, July 15, 1953
sessed, as shown by the records
in the office of the County Auditor
not less than fifteen days prior
to said hearing,
Approved on first reading this
23rd day of June, 1953.
RUBEN V. AUSTIN
Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N, SCHUELLER
CHARLES A. KINTZINGER
Councilmen
Attest; J. J. SHEA, '
City Clerk.
I move that the foregoing reso-
lution be now considered com-
plete in form for final adoption
and that the same be placed on
file with the City Clerk for public
inspection.
RAY F, KOLB
Councilman.
All objections are hereby over-
ruled and the foregoing resolution
passed, adopted and approved as
proposed, this 15th day of July,
1953.
RUBEN V. AUSTIN
Mayor
CLARENCE P, WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KLNTZIlVGER
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 Austin, Council•
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None,
RESOLUTION N0. 310-53
Resolutiaru Approving Detailed
Plans, Specifications, Form of
Contract and Notice to Bidders,
and Directing Advertisement to
Bidders.
Whereas the City Council of the
City of Dubuque, Iowa has hereto-
fore adopted Resolution No, 296-
53 being a Resolution of Necessity
for the construction of a cast iron
water main in;
Beverly Avenue Pram the south
property line of Lenox Avenue to
the south ,end of Beverly Avenue.
Brown Avenue form the north
property line of University Avenue
to the south property line of Lenox.
Avenue,
Chaney Road from the south
property line of Hillcrest Road to
the north property line of Penn-
sylvania Avenue.
Drexel Avenue from the south
property line of Pennsylvania Ave-
nue to the north property line of
Lenox Avenue,
Fairfax Avenue from the south
property line of Pennsylvania
Avenue to the North property line
of Lenox Avenue.
Hickson Avenue from the south
property line of Pennsylvania Ave•
nue to the north property line of
Lenox Avenue.
Lenox Avenue from the east
property line of Brown Avenue to
the east property line of Drexel
Avenue,
Pennsylvania Avenue from the
west property line of Lot 1 of 3
of 1 of 1 of 2 of John P. Mettel's
Subdivision to the west property
line of Westerly Earl Drive.
and,
Whereas the City Engineer has
submitted and filed with the City
Clerk detailed plans and specifi-
cations, form of contract and
notice to bidders for said im-
provement;
Now Therefore, Be It Resolved
that said plans, specifactions, form
of contract, and notice to bidders
are hereby approved, and that the
City Clerk is hereby authorized
and directed to publish said notice
to bidders, in the manner pro-
vided by law, once each week for
two consecutive weeks, the first
of which publications shall be not
less than twelve (12) days before
the date set in said notice for re-
ceiving bids, and that each bid
shall be accompanied by a certi-
fied check on an Iowa Bank for
not less than $9,000.00,
Passed, adopted and approved
this 15th day of July, 1953.
RUBEN V. AUSTIN
Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A, KINTZINGER
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:
special Session, July 15, 1953 4~1
Yeas-Mayor Austin, Council-
men Kintzinger, 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 construction of a six inch sani-
tary sewer in Davis Street from a
point 460 feet east of the east
property line of Windsor Avenue
to a point 436 feet East, presented
and read.
No written objections filed and
no objectors present in the Council
Chamber at the time set for said
public 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 Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Decision of Council upon objec-
tions to plans, specifieations, form
of contract and cost of improve~
menu. )
RESOLUTION N0. 311-53
Whereas, proposed plans and
specifications and form of con-
tract for the construction of a six
(6) inch sanitary sewer in Davis
Street from a point 460 feet east
of the east property line of
Windsor Avenue to a point 436 feet
East have been approved by the
City Council of the City of Du-
buque and public notice given as
provided by Chapter 391 of the
Code of Iowa, 1950, pertaining to
public contracts and bonds, and
the time and place fixed for the
hearing of all objections to said
plans, specifications or contract
for or cost of such improvements,
said time being this 15th day of
July, 1953; and
Whereas, the City Council met
in special session this 15th day of
July, 1953, at 7:30 o'clock P.M. at
the Council Chambers in the City
Hall for the purpose of hearing
all interested parties and consider-
ing any and all objections which
have been filed to the proposed
plans, specifications or contract
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; now, therefore
Be It Resolved by the City Coun-
cil of the City of Dubuque, that
such plans, specifications amd
form of contract heretofore ap-
proved are hereby adopted.
Be It Further Resolved that this
resolution be made a matter of
permanent record in connlection
with said improvement,
Passed, adopted and approved
this 15th day of July, 1953.
RUBEN V. AUSTIN,
Mayor,
CLARENCE P, WELU,
RAY F, KOLB,
LEO N. SCHUELLER,
CHARLES A, KINTZINGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kolb moved the ad-
option of the resolution. Seconded
by Councilmlan Welu, Carried by
the following vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
(Necessity for Improvement)
RESOLUTION N0. 298-53
Whereas, proposed plans, spec-
ifications, 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 ampng
other things the following:
1, The boundaries of the district,
if any,
2. The streets to be improved.
3. The size and kind of sewers.
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be~ used.
6, In each case the amount
thereof which is estimated tp be
assessed against each lot, for the
construction of a six (6) inch
sanitary sewer in Davis Street
from: a point 460 feet east of the
east property line of Windsor
Avenue to a point 436 feet East,
Be It Therefore Resolved that
the City Council or upon petition
of property owners, deems it ad-
i
;,-.
'"° 482 Special Session, July 15th, 1953
i _; visable and necessary for the pub- (Ordering Construction)
lit welfare to make the herein RESOLUTION N0. 312®53
mentioned itrtprovem',ent, and un- Be It Resolved by the City
~'' less property owners at the time of Council of the City of Dubuque
proposed resolution have on file that pursuant to a resolution of
with the City Clerk objections to necessity No. 298-53. which was
the amount of the proposed assess- duly passed by this Cotmcil, for
ments, they shall be deemed to the construction of a six (6) inch
have waived all objections thereto, sanitary sewer in Davis Street
Said irruprovem;ent shall be con- from a paint 460 feet east of the
strutted and done in accordance east property-line of Windsor Ave-
with the plans and specifications rue to a paint 436 feet East be
which have been prepared there- and the same are hereby ordered
for by the City Engineer which and constructed by this Council
have been approved by the City upon its own motion and with or
Council and are now on. file with without the petition of property
the City Clerk. That the cost and owners. All the work shall be con-
expense of Making-said improve- strutted in accordance with the
ent will be assessed upon and
m plans and specifications heretofore
t'-> ,
against all privately owned prop- adopted and now on file in the
erty lying within assessable list- office of the City Clerk.
ante provided by law and in an Be It Further Resolved that the
amount not to exceed the amount cost and expense of the said im-
provided by law, property will be provements be paid for by levying
assessed whether the same abuts special assessments against the
thereon or is adjacent thereto privately owned property lying
according to area and in propor- within the assessable distance from
tion to the special benefits confer- the improvements, whether such-
- red thereby, and any deficiency property abut upon the same or are
shall be paid out of the sanitation adjacent thereto, according to the
fund, acrd sold in anticipation of area thereof and in proportion to
deferred payments of assessments the special benefits conferred, and
when a contrast has been per- any deficiency will be paid out of
_ formed and accepted and the pro- the general improvement, or sewer
_ ceeds thereof used to pay the con- funds of the city, or partly from
tractor. The railway portion of arty' each of such funds. Payment will
street or assessment district shall be made to the contractor out of
be assessed to and paid by the funds realized from the sale of
railway company. bonds to be issued in anticipation
The above resolution was intro of deferred payments of assess-
" duced, approved and ordered ments as provided by law after the.
placed on file with the City Clerk work has been completed and ac-
this 23rd day of June, 1953. The cepted by the" City Council,
foregoing resolution was finally Passed, adopted. and approved
passed and adopted, as proposed this 15th day of July, 1953.
by the City Council this 15th day RUBEN V. AUSTIN .
of July, 1953. Mayor
RUBEN V. AUSTIN, CLARENCE P. WELU
Mayor: RAY F. KOLB
CLARENCE P. WELD, LEO N. SCHUELLER
`: RAY F, KOLB, CHARLES A.: KINTZINGER
;~ :: ` LEO N, SCHUELLER, Councilmen
CHARLES A, KINTZINGER, Attest: J. J. SHEA,
Councilmen. City Clerk.
Attest: J. J. SHEA, Councilman-.Kolb moved the
City Cleric, adoption of the .resolution. Seep
Councilmen Kolb moved the ad- ended by Councilman Schueller.
daption of the resolution. Seconded Carried by the following vote:
by Cormcilmlan Schueller, Carried yeas-Mayor Austin, Council•
by the following vote:
Yeas-Mayor Austin, Council- men Kintzinger,- Kolb, Schueller,
._ ``
'
men Kintzinger, Kolb, Schueller, Welu,
e
°' Welu. Nays-None.
Nays-None, Notice of Claim of James Colley
Special Session, July 15th, 1953 483
In the amount of $19.00 for dam-
ages to his car caused in striking
a hole in the street at Lenox 'Ave-
nue and Missouri Street, presented
and read.
Councilman Kolb moved that
the Notice of Claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Communication of Theodore J.
Whelan expressing opposition to
any proposed installation of park-
ing meters an White Street from
Fourth Street to Twenty-fourth
Street, presented and read.
.Councilman Kolb moved that
the communication be received
and filed. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Communication of H. L. W.
stating that he is opposed to an
increase in bus fares, presented
and read.
Councilman Kolb moved that
the communication be received
and filed. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Austin, Council-
me>x Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Petition of the Amvets Auxiliary
requesting permission to hold a
tag day on Saturday, August 15th,
1953, presented and read,
Councilman Schueller moved
that the request be granted pro-
viding there are no conflicting
dates. Seconded by Councilman
Kolb. Carried by the following
vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu,
Nays-None.
Petition of Leo and Mildred
.Kress requesting permission to con-
struct asix inch sanitary sewer
in the alley lying between Lincoln
Avenue and Rhomberg Avenue
running from the manhole located
at the alley intersection and Haw-
thorne Street southeasterly for a
distance of approximately 130 feet,
presented and read.
Councilman Welu moved that
the petition be referred to the City
Manager and City Engineer, Sec-
onded by Councilman Kintzinger.
Carried by the following vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kalb, Schueller,
Welu.
Nays-None.
Petition of E. G. Forward re-
questing that a building permit be
granted for the construction of
a restaurant on the westerly 170
feet of Lots 305 and 306 in Davis
Farm Addition, presented and
read.
Councilman Welu 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 Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None,
Petition of Abe Rotman and
others requesting the City Council
to take care of the water coming
down McClain Street as yellow
clay is being washed into their
yards, 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 Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Petition of Ralph R. Cigrand and
others protesting to the closing of
the alley from Catherine Street
west to Loral College property line
between 16th and 17th Streets,
presented and read.
Councilman Welu moved that
the petition be referred to the
Planning and Zoning Commission,
Seconded by Councilman Kintzin-
ger. Carried by the following vote:
Yeas-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
Certificate of the Playground
and Recreation Commission de-
termitring and fixing the budget
~..,
484 Special Session, July 15th, 1953
requirements and tax levy for the Yeas-Mayor Austin, Council-
ensuing year for playground, men Kintzinger, Kalb, Schueller,
swimming pool and playground im- Welu.
_ provements purposes, presented Nays-None.
and read, ORDINANCE N®. sa-s3
An Ordinance amending Ordinance
Councilman WP1U mOVCd that No. 33.49, known as the Traffic Code,
the Certificate be referred to the by repealing sections 20.5, 1,17, 8.1,
17.19, and enacting substitutes therefor;
~`.!'„ Council for study at the time the enacting a new section 11.9 thereof;
"
"
budget is being considered b the
Y of Schedule
by repealing Section
L
VI thereof and enacting a substitute
City Council, Seconded by Council- therefor; by enacting anew section
'
man Kolb. Carried b the followin
Y g of schedule vt thereof; by re•
"w.w:
pealing Section V of Schedule II there~
Vote: of and enacting a substitute therefor;
l
li
ti
A
f th
S
h
d
Yeas-Mayor AUStln, COUriCll- by repea
ng Sec
on
o
e
c
e
u
e
III thereof and enacting a substitute
men Kintzinger Kolb, Schueller
~ ~ therefor; and by adding a new section
"E" to Schedule lII thereof.
WeIU. BE IT ORDAINED BY THE CITY
Nays-None. COUNCIL OF THE CITY
rz OF DUBUQUE
COL1nC11 Pl'OCeedlrig5 fol' the Section 1. That Ordinance No. 33.49,
~ ' rilOrith Of AU USt, 1952 resented
g p known as the Traffic Code of the City
of Dubuque, be and the same is hereby
for approval. Councilman Welu amended by repealing Section 20.5
moved that the Council Proceed- thereof and enacting the following as
a substitute therefor:
lags fOT the month Of August, 1952 "Section 20,5-The maximum length
be approved as printed. Seconded of any motor vehicle or combination of
vehicles shall be as follows:
by COUriCllmari Schueller. CarT1Cd 1, No single truck, unladen or with
b the followin VOtC:
Y g load, shall have an overall length, in-
elusive of front and rear bumpers, in
COUnCII-
YCaS-May01' AUStln excess of thirty-five feet,
,
meri Kintzinger, KOIb, Schueller, 2. No single bus, unladen or with
load, shall have an overall length, in•
WeIU elusive of front and rear bumpers, in
,
NayS-None, excess of forty feet, provided that a
bus in excess of thirty-five feet in
overall length shall not have less than
Ordinance Na. 56-53 three axles,
An Ordinance a~mending Ol'dln- 3. No combination of truck tractor
and semi-trailer, nor any other combi•
once No, 33--49, known as the Traf- nation of vehicles coupled together, un•
f1C Cade, by repealing SCCtlOnS laden or with load, shall have an overall
length, inclusive of front and rear
r'`° ~ 20,5, 1.17, 8,1, 17.19, and enacting bumpers, in excess of Forty,five feet.
SUbStltUteS therefor; CriaCtlrlg a 4. There shall be no limit on the
length of Fire fighting apparatus, and
neW SBCt10ri 11.9 thereof; by re- vehicles operated in the daytime when
, ,
pealing Section ` L' of Schedule transporting poles, pipe, machinery or
other objects of a structural nature
YI thereof and enacting a SUbstl- which cannot be dismembered readily
tUte thereof; by enacting a neW when required for emergency repair of
public "eevice facllities or properties,
SCCttOri "W.W." Of Schedule VI and such vehicles transporting such ob•
thereof; by repealing Section V jects operated at nighttime by a public
utility when required for emergency
of Schedule TI thereof and enacting repair of public service facilities or
a SUbsl.ltute therefor; by repealing properties, but in respect to such night
transportation every such vehicle and
Section A of Schedule III thereof the load thereon shall be equiped with
&nd enaCting a StibStltUte theref0l'; a sufficient number of clearance lamps
on both sides and marker lamps upon
and by adding a new section "E" the extreme ends of any prolectmg
t0 Schedule III thereof, presented load to mark clearly the dimensions of
such load, at which time, a member of
and lead. COUriCllm
an WeIU mOVed the state highway patrol shall be noti•
,
that the leading just had be cony Fled prior to the operation of such ve•
nicte."
"-t- Sldered the fll'St reading of ilia Section 2. That Ordinance No. 33.49
OrdlriariCe, SCCOrided by COUriCllmari be and the same is hereby amended
by repealing Section 1,17 and enacting
Carried by the f0110Wirig
Kolb the following as a substitute therefor;
"
' . Section 1.17-Chauffeur means any
r` Vote: person who operates a motor vehicle
~,,
;~ :v'
Yeas-Mayor AUStln, CoUriCll- m the transportation of persons, in•
eluding school busses, for wages, com•
men I{int2inger, Kolb, SChtieller', penration or hire, or any person who
WelU operates a truck tractor, road tractor
.
NayS-None. or auy motor truck which is required
to be registered at a gross weight eras~
sification exceeding five tons, or any
Councilman Welu moved that the such motor vehicle exempt from regis•
rules be suspended regUil'ing a~n tration which would be within such
giros Wright classification if not so ex-
OrdlriariCe t0 be read Ori three' empt except when such operation by
3 =` se orate da s, Seconded b Cnml-
p Y Y the owner or operator is occasional and
merely incidental to his principal busi•
Gilman Kolb, Carried by the for- Hess.
Y.; lOWlri Vote:
g A farmer, or his hired help, shall
not be deemed a chauffeur, when op•
Special Session, July 15th, 1953 485
crating a truck owned by him, and Section 9. That Section A of Schedule
used exclusively in connection with III of Ordinance 33.49 be and the same
the transportation of his own products is hereby repealed and the following
or property." enacted in lieu thereof;
Section, 3. That Ordinance No. 33.49
be and the same is hereby amended "SCHEDULE III
A
E
t
by repealing Section 8.1 and enacting .
as
bound and west bound ve•
hides must stop before entering:
the Following as a substitute therefor: Washington Street at East 16th Street.
"Section 8.1-Any person driving a Washington Street at East 29th Sreet;
motor vehicle on any street of this City Elm Street at East 29th Street,
shall drive the same at a careful and East 22nd Street at White Street.
prudent speed not greater than or Less East 24th Street at White Street,
than is reasonable and proper, having Section 10, That Schedule III of
due regard to the traffic, surface and
width of the streets and of any other Ordinance No. 33.49 be and the same
conditimrs then existing, and no person is hereby amended by adding a nett'
section thereto as follows:
shall drive any vehicle at a speed great-
er than will permit him to bring it to a "SCHEDULE III
stop within the assured clear distance E, Eastbound vehicles must sto
p be-
ahead, such driver having the right to Fore entering:
assume, however, that all persons using St. Ambrose Street at Seminary
such streets will observe the law. Street,"
r The following shall be the lawful Section 11. This Ordinance shall be
speed except as hereinbefore or herein- in full force and effect from and after
after modified, and any speed in excess its final passage, adoption and publi•
thereof shall be unlawful; cation as by law provided.
1, Twenty miles per hour in any Introduced the 15th day of July, 1953.
business district. Rule requiring reading on three
2. Twenty-five tulles per hour in any separate days suspended by unanimous
residence or school district. vote the 15th day of July, 1953.
3, Forty miles per hour for any mo• Passed, adopted and approved this
for vehicle drawing another vehicle. 15th day of July, 1953,
4. Forty-Five ,miles per hour in any
" RUBEN V, AUSTIN
Mayor
suburban district
Section 4. That Ordinance No, 33.49 CLARENCE P. WELU
RAY F. KOLB
be and the same is hereby amended LEO N. SCHUELLER
by repealing Section 17.19 thereof and CHARLES A. KINTZLNGER
enacting the following in lieu thereo9:
" Councilmen
Section 17.19-No person shall drive Attest:
; or move any vehicle or equipment up• J, J. SHEA
on any highway with any lamp or de• ,
i
vice thereon displaying or reflecting Published officially in The
Telegraph-
a red light visible from directly in Herald newspaper this 20th day of July
front thereof, This section shall not ,
]953.
apply to authorized emergency vehicles. J, J, SHEA
No persons shall display any color ,
lt. Jul 20 y
y Cit Clerk
of light,. other than red on the rear of
any vehicle, except that stop lights and CODUCIlmari Wehl mOVed the ad-
directionai signals may be red, yellow,
`
" option of the ordinance
Seconded
or amber.
Section 5. That Ordinance No. 33.49 .
by Counciman Kolb. Carried by~
be amended by adding a new Section the fallowin
vote:
ll,9 thereto as follows; g
Section 11,9-When a vehicle is yeas-Mayor AUStln
Council-
- equipped with a directional signal de-
vme, such device shall at all times be ,
men K1ntZinger, Kolb, Schueller,
maintained in good working condition, Wehl
No directional signal device shall proj• ,
{
ect a glaring or dazzling light. All di• NayS-Nolle,
rectional signal devices shall be self-
, illuminated when in use while other
" July 13
1953
lamps on the vehicle are lighted.
Section 6. That Ordinance No, 33.49 ,
TO the Honorable Mayor
be and the same is hereby amended and City COl1nC11
by repealing Section L of Schedule II
thereof and enacting the following as a ,
Dubu ,
glle Iowa.
substitute therefor;
L. Hill Street from the south line Gentlemen;
of Eighth Avenue to the north property
line of Dodge Street" In 1'e ar
g d t0 the attached peti-
Section 7, That Ordinance No. 33.49 lion of Ludmilla F, Klauer
Frank
be and the same is hereby amended by
adding a new section w.w, to Schedule ,
and Mary Gruber requesting vaca•
vi thereof as fonows:
` lion of Nightingale Street from
w.w. The north side o£ East 30th
Street from Jackson Street to Central
Levi Street to English Lane, then
Avenue"
Section O, That Section V of Schedule Planning and Zoning Commision
II of Ordinance No. 33.49 be and the IeCOmmeridS the fOllOWlrig: That
same is hereby repealed and the follow- Nightingale Street be vas'ated be-
ing enacted in lieu thereof:
~ SCHEDULE a
cause of the following reasons:
v. white street from the north line Nightingale Street is between Suh
of East Fourth street to the south line livan Street and English Lane with
of East Twelfth street; from the north
line of East Twelfth Street to the south
One alley intervening between
line of East 14th Street; from the north Nightingale and StilliVan. Thls
line of East 14th Street to the south
line of East 17th Street; from the north
CaUSeS 1'eVerSe frontages On they
une of East 17th street to the south lots fronting English Lane. There
line of East 20th Street; from the north
line of East 20th Street to the south
IS a Sel'lOUS shortage of ground
line of East 22nd street, from the north Within this area and same can be
line of East 22nd Street to the south
line of East 24th Street:' .
replotted to better advantage. The.
4g6 Special Session, July 15th, 1953
City Manager and City Engineer"
concur in this recommendation.
Respectfully submitted,
The Dubuque Planning & Zond
ing Commission
By R. D, Waller.
Councilman Kolb moved that the
recommendation of the Planning
and Zoning Commission be ap-
proved and proper proceedings
prepared. Seconded by Council-
man Schueller. Carried by the fol-
owing vote:
Yeas--Mayor Austin, Council-
men iiintzinger, Kolb, Schueller,
Welu.
Nays-None.
. , July 14, 1953
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen;
Herewith are petitions and
waivers which were executed by
a portion of the property owners
in Grandview Park Addition for
the proposed construction of the
Perry Street Samitary Sewer and
Lift Station.
Same are submitted for your
consideration and action.
Respectfully submitted,
Respectfully submitted,
L. J, Schiltz,
City Manager.
Councilman Welu moved that the
petition and waivers be granted,
Seconded by Councilmlan Kintz-
inger. Carried by the following
vote:
Yeas-Mayor Austin, Coun,cil-
men Kintzinger, Kolb, Schueller,
Welu.
Nays-None.
PETITION AND WAIVER
Louis J. & Coletta~ F, Lagen
The undersigned, owner o£
Lots 22, 23, 24, 25, and 26 Block 4
Grandview Park Add. property
abutting upon and adjacent toy
Bradley Street hereby petitions'
the CitSj Council of the City of
Dubuque, Iowa, as soon as practic•
able, to proceed with the Con-
struction of Perry Street Sanitary
Sewer & Lift Station and does
hereby petition said City to enter
into a. contract for the construction
of said improvement in accordance
with and as provided by plans and
specifications to be furnished and
approved by said City, Said conk
tract to be let and entered into
in the manner provided by statute
for bids and contracts for Samitary
Sewer 5c Lift Station.
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees to
pay his proportionate share of the
actual cost thereof, including the
engineering and inspection ex-
pense to the City and the expense
of making the assessment sched-
ule. It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
to the special benefits conferred
on front footage and area basis and
that such assessment shall be and
constitute a lien upon the prop-
erties of the undersigned for the
actual cost of such improvements
on and from the date of the ac-
ceptance of this Petition by the
City, and the undersigned agrees
to pay said assessments in full,
either by a lump sum payment or
in ten equal installments as pro-
vided by law, not withstanding any
provisions of the Statute to the
contrary. The understigned waives
any and all rights he has to ob•
ject to the making of said im-
provements and consents to pay
his proportionate share of the
actual cost as aforesaid.
The undersigned further peti-
tions said City to pay the con-
tractor far constructing said im-
provements by delivery of special
assessment certificates or special
assessment bonds to the contractor
against the property of the dnder-
signed.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provement bonds in anticipation of
deferred payments of assessments
when a contract has been per-
formed and accepted by said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said
improvements the Resolution of
the City Council may contain re-
citals that said improvements are
ordered with or without the Peti-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
his obligation to pay assessments
aforesaid,
Louis John Lagen Jr,
Colletta Lagen
Special Session, July 15th, 1953 487
PETITION AND WAIVER
Mr, Ted Hansel & Ruth Hansel
Leo E. & Margaret A, Roethig.
The undersigned, owner of Lot
19, 20, 21, 22, 23, 24 and 25 Block
5, Grandview Park Add. Lot 4, 5,
6, 7, 8, 9, 10, 11 and 12 Block 6,
Grandview Park- Add., property
abutting upon and adjacent to
Bradley Street hereby petitions the
City Council of the City of Du-
buque, Iowa, as soon as practicable,
to proceed with the Construction
of Perry Street Sanitary Sevrer
and Lift Station and does hereby
petition said City to enter into a
contract for the constructiory of
said improvement in accordance
with and as provided by plans and
specifications to be furnished and
approved by said City. Said con-
- tract to be let and entered into in
the manner provided by statute
for bids and contracts for Sanitary
Sewer & Lift Station.
~ ~
In consideration of the construc-
tier of the improvement as afore-
said, the undersigned agrees to
pay his proportionate share of the
actual cost thereof, including the
' engineering and inspection ex-
pense to the City and the expense
{ of making the assessment sched-
ule. It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
to the special benefits conferred
~ on front footage and area basis and
that such assessment shall be and
constitute a lien upon the prop-
erties of the undersigned for the
actual cost of such improvements
on and from the date of the ac•
ceptance of this Petition by the
City, and the undersigned agrees
to pay said assessments in full,
either by a lump sum payment or
in ten equal installments as pro•
vided by law, not withstanding any
provisions of the Statute to the
contrary, The understigned waives
any and all rights he has to ob-
+ ject to the making of said im-
provements and consents to ,pay
his proportionate share of the
actual cost as aforesaid.
The undersigned further peti-
tions said City to pay the con-
- tractor for constructing said im-
provements by delivery of special
assessment certificates or special
assessment bonds to the contractor
against the property of the under-
signed,
The undersigned fm~ther peti-
tions said City to pay the con•
tractor for constructing, said im-
provement bonds in anticipation of
deferred payments of assessments
when a contract has been per-
formed and accepted by said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said
improvements the Resolution of
the City Council many contain re-
citals that said improvements are
ordered with or without the Peti-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
his obligation to pay assessments
made against his property as
aforesaid,
Leo E. Roethig
Margaret Roethig
PETITION AND WAIVER
Clarence D. & Ruth M, Hansel.
The undersigned, owner of Lot
19, 20, 21, 22, 23, 24 and 25, Block
5, Grandview Park Add. prop-
erty abutting upon and adjacent
to Bradley Street hereby peti-
tions the City Council of the City
of Dubuque, Iowa, as soon as
practicable, to proceed with the
Construction of Perry Street San-
itary Sewer and Lift Station and
does hereby petition said City to
enter mto a contract for the con-
struction of said improvement in
accordance with and as provided
by plans and specifications to be
furnished and approved by said
City. Said contra~et to be let and
entered into in the manner pro-
vided by statue for bids and con-
tracts for Sanitary Sewer & Lift
Station.
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees to
', pay his proportionate share of the
actual cost thereof, including the
engineering and inspection ex-
pense to the City and the expense
of making the assessment sched-
ule. It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
to the special benefits conferred
on front footage and area basis and
that such assessment shall be and
constitute a lien upon the prop-
erties of the undersigned for the
488 Special Session, July 15th, 1953
actual cost of such improvements
an and from the date of the ac-
ceptance of this Petition by the
City, and the undersigned agrees
to pay said assessments in full,
either by a lump sum payment or
in ten equal installments as pro-
vided by law, not withstanding any
provisions of the Statute to the
contrary. The understigned waives
any and all rights he has to ob-
ject to the making of said im-
provements and consents to pay
his proportionate share of the
actual cost as aforesaid.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provements by delivery of special
assessment certificates or special
assessment bonds to the contractor
against the property of the under-
signed.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provement bonds in anticipation of
deferred payments of assessments
when a conhact has been per-
formed and accepted by said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said
improvemeents the Resolution of
the City Council may contain re-
citals that said improvements are
ordered with or without the Peti-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
his obligation to pay assessments
made against his property as
aforesaid,
Clarence D, Hansel
Ruth M. Hansel
PETITION AND WAIVER
Chester & Wilma Robinson
The undersigned, owner of Lot
18, 19, and 20, Block 15, Grand-
view Park Add. property abutting
upon and adjacent to Perry St.
hereby petitions the City Council of
the City of Dubuque, Iowa, as
soon as practicable, to proceed
with the Construction of Perry
Street Sanitary Sewer & Lift Sta-
tion and does hereby petition said
City to enter into a contract for
the construction of said improve-
ment in accordance with and as
provided by plans and specifica-
tions to be furnished and approved
by said City, Said contract to be
let and enured into in the manner
provided by statue for bids and
contracts for Sanitary Sewer &
Lift Station.
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees to
pay his proportionate share of the
actual cost thereof, including the
engineering and inspection ex-
pense to the City and the expense
of making the assessment sched-
ule, It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
to the special benefits conferred
on front footage and area basis and
that such assessment shall be and
constitute a lien upon the prop-
erties of the undersigned for the
actual cost of such improvements
on and from the date of the ac-
ceptance of this Petition by the
City, and the undersigned agrees
to pay said assessments in full,
either by a lump sum payment or
in ten equal installments as pro-
vided by law, not withstanding any
provisions of the Statute to the
contrary. The understigned waives
any and all rights he has to ob-
ject to the making of said im-
provements and consents to ,pay
his proportionate share of the
actual cost as aforesaid.
The undersigned further peti-
tions said City to pay the con,
tractor for constructing said im-
provements by delivery of special
assessment certificates or special
assessment bonds to the contractor
against the property of the under-
signed,
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provement bonds in anticipation of
deferred payments of assessments
when a contract has been per-
formed and accepted by said City,
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said
improvements the Resolution of
the City Council many contain re~
citals that said improvements are
ordered with or without the Peti•
lion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
his obligation to pay assessments
made against his property as
aforesaid,
Chester Robinson
Wilma Rabirrson
Special Session, July 15th, 1953 48~
PETITION AND WAIVER
W J, & M, K, Baumgartner
The undersigned, owner of Lot
11 and 12, Block 15, Grandview
Park Add, property abutting upon
and adjacent to Perry St. hereby
petition the City Council of the
City of Dubuque, Iowa, as soon as
practicable, to proceed with the
Construction of Perry Street San-
- itary Sower & Lift Station and does
hereby petition said City to enter
into a contract for the construction
of said improvement in accordance
with and as provided by plans and
specifications to be furnished and
approved by said City. Said con-
- tract to be let and entered into
in the manner provided by statute
far bids and contracts for Sanitary
• Sewer & Lift Station.
In consideration of the construc•
lion of the improvement as afore-
said, the undersigned agrees to
pay his proportionate share of the
actual cost thereof, including the
engineering and inspection ex-
pense to the City and the expense
of making the assessment sched-
ule, It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
to the special benefits conferred
on front footage and area basis and
that such assessment shall be and
- constitute a lien upon the prop-
erties of the undersigned for the
actual cost of such improvements
' on and from the date of the ac-
ceptance of this Petition by the
City, and the undersigned agrees
to pay said assessments in full,
either by a lump sum payment or
in ten equal installments as pro,
vided by law, not withstanding any
provisions of the Statute to the
contrary, The understigned waives
any and all rights he has to ob-
ject to the making of said im-
E provements and consents to pay
his proportionate share of the
actual cost as aforesaid,
~ The undersigned further peti•
lions said City to pay the con-
. tractor for constructing said im-
provements by delivery of special
assessment certificates or special
assessment bands to the contractor
against the property of the under-
- signed,
The undersigned further peti-
lions said City to pay the con-
tractor for constructing said im•
provenrent by the issuances and
sale of improvement bonds in an-
ticipation of deferred payments of
assessments when a contract has
been performed and accepted by
said city.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said
improvements the Resolution of
the City Council many contain re`
citals that said improvements are
ordered with or without the Peti-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
his obligation to pay assessments
made against his property as
aforesaid,
W, J, Baumgartner
M, K. Baumgartner
PETITION AND WAIVER
Francis L. & Margaret M. Con-
lon.
The undersigned, owner of Lot
1 of 8, 9 and 10, Block 15, Grand-
view Park Add. property abutting
upon and adjacent to Perry St.
hereby petitions the City Council
of the City of Dubuque, Iowa, as
soon as practicable, to proceed
with the Construction of Perry
Street Sanitary Sewer & Lift Sta-
tion and does hereby petition said
City to enter into a contract for
the construction of said improve-
ment hr accordance with and as
provided by plans and speeifiea-
tions to be furnished and approved
by said City, Said contract to be
let and entered into the manner
provided by statute far bids and
contracts far Sanitary Sewer & Lift
Station.
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees toy
pay his proportionate share of the
actual cost thereof, including the
engineering and inspection ex-
pense to the City and the expense
of making the assessment sched-
ule. It is agreed that the City of
Dubuque shall cause assessm',ents
to be made against the property
of the undersigned in proportion
to the special benefits conferred
on Front footage & Area basis and
that such assessment shall be and
constitute a lien upon the prop-
erties of the undersigned for the
actual cost of such improvements
on and from the date of the ac-
490 Special Session, July 15, 1953
ceptance of this Petition by the
City, and the undersigned agrees
to pay said assessments in full,
either by a lump sum payment or
in ten equal installments as pro-
vided by law, not 4ithstanding any
provisions of the Statute to the
contrary. The undersigned waives
any and all rights he has to ob-
ject to the making of said im-
provements and consents to pay
his proportionate share of the
actual cost as aforesaid,
The undersigned further peti-
tions said City to pay the com
tractor for constructing said im-
provements by delivery of special
assessment certificates or special
assessment bonds to the contractor
against the property of the under-
signed.
The undersigned farther peti-
tions said City to pay the con-
tractor for constructing said im-
provements by the issuance and
sale of improvement bonds in an-
ticipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements a r e
ordered with or without the Peti-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
his obligation, to pay assessments
made against his property as
aforesaid,
Francis L, Conlon
Margaret M. Conlon
PETITION ANO WAIVER
Ralph P. & Helen Renier.
The undersigned, owner of Lot
6, 7, and 2 of 8, Block 15, Grand-
view Park Add. property abutting
upon and adjacent to Perry St,
hereby petitions the City Council
of the City of Dubuque, Iowa, as
soon as practicable, to proceed
with the Construction of Perry
Street Sanitary Sewer & Lift Sta-
tion and does hereby petition said
City to enter into a contract for
the construction of said improve-
ment in accordance with and as
provided by plaits and specifica-
tions to be furnished and approved
by said City, Said contract to be
let and entered into in the manner
provided by statute for bids and
contracts for Sanitary Sewer and
Lift Station,
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees to
pay his proportionate share of they
actual cost thereof, including the
engineering and inspection ex•
pense to the City and the expense
of making the assessment sched-
ule. It is agreed that the City of
Dubuque shall cause assessments
to be made- against the property
of the undersigned in proportion
to the special benefits conferred
on Front footage & Area basis and
that such assessment shall be and
constitute a lien upon the prop-
erties of the undersigned for the
actual cost of such improvements
on and from the date of the ae-
ceptance of this Petition by the
City, and the undersigned agrees
to pay said assessments in full,
either by a lump sum payment or
in ten equal installments as pro-
- vided by law, not withstanding any
provisions of the Statute to the
contrary. The undersigned waives
any and all rights he has to ob-
ject to the making of said im•
provements and consents to pay
his proportionate share of the
actual cost as aforesaid.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provements by delivery of special
assessment certificates or special
assessment bonds to the contractor
against the property of the under-
signed.
The undersigned further peti-
tions said City to pay- the con•
tractor far constructing said im-
provements by the issuance and
sale of improvement bonds in an-
ticipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City
It is further agreed that in ac-
cepting this petition amd in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements a r e
ordered with or without the Peti-
tion of property owners; without
in any way qualifying this Petition
or releasing the undersigned from
his obligation to pay assessments
Special Session, July 15, 1953 491
made against his property as
aforesaid,
Ralph P. Renier
Helen Reiner
PETITION AN® WAIVER
Nels E, & Edna Turnquist.
The undersigned, owner of Lots
1, 2, 2 of 3, Block 15, Grandview
Park Add. property abutting upon
and adjecent to Porry St, hereby
petition the City Council of the
City of Dubuque, Iowa, as soon
as practicable, to proceed with
the Construction of Perry Street
Sanitary Sewer & Lift Station and
does hereby petition said City to
enter into a contract for the con-
struction of said improvement in
accordance with and as provided
by plans and specifications to be
furnished and approved by said
City. Said contract to be let and
entered into in the manner pro-
vided by statute far bids and con•
tracts for Sanitary Sewer & Lift
Station,
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees toy
pay his proportionate share of the
actual cost thereof, including the.
engineering and inspection ex-
pense to the City and the expense
~ of making the assessment sched-
ule. It is agreed than the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
• to the special benefits conferred
on Front footage & Area basis and
that such assessment shall be and
constitute a lien upon the prop-
. erties of the undersigned for the
actual cost of such improvements
on and from the date of the ac-
ceptance of this Petition by the
City, and the undersigned agrees
to pay said assessments in full,
either by a lump sum payment or
in ten equal installments as pro-
? vided by law, not withstanding any
provisions of the Statute to the
contrary. The undersigned waives
any and all rights he has to ob-
ject to the making of said im-
provements and consents to pay
his proportionate share of the
actuali cost as aforesaid.
The undersigned further peti-
tions said City to pay the con-
- tractor for constructing said im-
provements by delivery of special
assessment certificates m• special
assessment bonds to the contractor
against the property of the under-
signed,
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provements by the issuance .and
sale of improvement bonds in an-
ticipation of deferred payments of
assessments when a contract has
been .performed and accepted by
said City.
It is further agreed that in ac-
cepting this petition amd in order-
ing the construction of said im
provements the Resolution of the
City Council may contain recitals
that said improvements a r e
ordered with or without the Peti-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
his obligation to pay assessments
made against his property as
aforesaid.
Nels E. Turnquist
Edna Turnquist
PETITION ANf) WAIVER
Loras W. & Helen Lattner
The undersigned, owner of Lot
2 of 37, Lot 38, 39 Block 6, Grand-
view Park Add, property abutting
upon and adjacent to Perry St.
hereby petitions the City Council
of the City of Dubuque, Iowa, as
soon as practicable, to proceed
with the Construction of Perry
Street Sanitary Sewer & Lift Sta-
tion and does hereby petition said
City to enter into a contract for
the construction of said improve-
ment in accordance with and as
provided by plans and specificaa
tions to be furnished and approved
by said City, Said contract to be
let and entered into in the manner
providecl by statute for bids and
contracts for Sanitary Sewer &
Lift Station.
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees to
pay his proportionate share of the
actual cost thereof, including they
engineering and inspection ex-
pense to the City and the expense
of making the assessment sched-
ule. It is agreed thah the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
to the special benefits conferred
on Frottt footage & Area basis and
492 Special Session, July 15, 1953
that such assessment shall be and
constitute a lien upon the prop-
erties of the undersigned for the
actual cost of such improvements
on and from the date of the ac-
ceptance of this Petition by the
City, and the undersigned agrees
to pay said assessments in full,
either by a lump sum payment or
in ten equal installments as pro-
vided by law, not withstanding any
provisions of the Statute to the
contrary, The undersigned waives
any and all rights he has to ob-
ject to the making of said im-
provements and consents to pay
his proportionate share of the
actual cost as aforesaid.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provements by delivery of special
assessment certificates or special
assessment bonds to the contractor
against the property of the under-
signed,
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provements by the issuance and
sale of improvement bonds in an-
ticipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements a r e
ordered with or without the Peti-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
his obligation to pay assessments
made against his property as
aforesaid.
Helen Lattner
Laras W. Lattner
PETITION AND WAIVER
Robert D, & Edina Storck,
The undersigned, owner of Lot
1 of 37, Lot 35, and 36 Block 6,
Grandview Park Add. property
abutting upon and adjacent to
Perry St, hereby petitions the City
Council of the City of Dubuque,
Iowa, as soon as practicable, to
proceed with the Construction of
Perry Street Sanitary Sewer and
Lift Station and does hereby peti~
tion said City to enter into a con-
tract for the construction of said
improvement in accordance with
and as provided by plans and speci-
fications to be furnished and ap-
proved by said City. Said contract
to be let and entered into in the
manner provided by statute for
bids and contracts fm' Sanitary
Sewer and Lift Station,
In consideration of the construc-
tion of the improvement as afore-
said, the undersigned agrees toy
pay his proportionate share of the
actual cost thereof, including the
engineering and inspection ex~
pense to the City and the expense
of making the assessment sched•
ule, It is agreed that the City of
Dubuque shall cause assessments
to be made against the property
of the undersigned in proportion
to the special benefits conferred
on Front footage & Area basis and
that such assessment shall be and
constitute a lien upon the prop-
erties of the undersigned for the
actual cost of such improvements
on and from the date of the ac-
ceptance of this Petition by the
City, and the undersigned agrees
to pay said assessments in full,
either by a lump sum payment or
in ten equal installments as pro-
vided by law, not withstanding any
provisions of the Statute to the
contrary. The undersigned waives
any and all rights he has to ob-
ject to the making of said im-
provements and consents to pay
his proportionate share of the
actual cost as aforesaid.
The undersigned further peti-
tions said City to pay the con-
tractor for constructing said im-
provements by delivery of special
assessment certificates or special
assessment bonds to the contractor
against the property of the under-
signed.
The undersigned further peti-
tions said City to pay the can•
tractor for constructing said im-
provements by the issuance and
sale of improvement bands in an-
ticipation of deferred payments of
assessments when a contract has
been performed and accepted by
said City.
It is further agreed that in ac-
cepting this petition amd in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements a r e
Special Session, July 15, 1953 493
ordered with or without the Peti-
tion of property owners, without
in any way qualifying this Petition
or releasing the undersigned from
his obligation to pay assessments
made against his property as
aforesaid,
Dr, R. D. Storck
720 Perry St.
Mrs, Edina Storck
PETITION AND WAIVER
Vera C, Rederus
The undersigned, owner of Lot
28 and 29, Block 6, Grandview Park
Add, property abutting upon and
adjacent to Perry St. hereby pe-
titions the City Council of the City
of Dubuque, Iowa, as soon as prac-
ticable, to proceed with the con-
i struction of Perry Street Sanitary
i Sewer & Lift Station and does
hereby petition said City to enter
t into a contract for the construe-
; tion of said improvement in ac-
cordance with and as provided by
plans and specifications to be furn-
ished and approved by said City,
Said contract to be let and en-
tered into in the manner provided
by statute for bids and contracts
far Sanitary Sewer & Lift Station
in consideration of the construe-
{ tion of the improvement as afore-
said, the undersigned agrees to pay
his proportionate share of the ac-
tual cost thereof, including the en-
gineering and inspection expense
to the City and the expense of
making the assessment schedule.
It is agreed that the City of Du-
buque shall cause assessments to
be made against the property of
the undersigned in proportion to
the special benefits conferred on
front footage and area basis and
that such assessment shall be and
constitute a lien upon the prop-
. ties of the undersigned for the ac-
tual cost of such improvements on
and from the date of the accept-
? once of this Petition by the City,
and the undersigned agrees to pay
said assessments in full, either by
a lump sum payment or in ten
equal installments as provided by
law, not withstanding any provis-
ions of the Statute to the con-
- trary, The undersigned waives any
and all rights he has to object
to the making of said improve-
ments and consents to pay his pro
portionate share of the actual cost
as aforesaid.
The undersigned further petitions
said City to pay the contractor for
constructing said improvements by
delivery of special assessment cer-
tificates or special assessment
bonds to the contractor against the
property of the undersigned.
The undersigned further petitions
said City to pay the contractor
for constructing said improvements
by the issuance and sale of im•
provement bonds in anticipation of
deferred payments of assessments
when a contract has been per-
formed and accepted by said City,
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the resolution of the
City Council may contain recitals
that said improvements areordered
with or without the Petition of pro•
perty owners, without in any way
qualifying, this Petition or releas-
ing the undersigned from his ob-
ligation to pay assessments made
against his property as aforesaid.
VERA C. REDERUS
PETITION AND WAIVER
Guy C. and Clara Spero
The undersigned, owner of Lot
24, 25, 26 and 27 Block 6, Grand-
view Park Add, property abutting
upon and adjacent to Perry St.
hereby petitions the City Council
of the City of Dubuque, Iowa, as
soon as practicable, to proceed
with the construction of Perry
Street Sanitary Sewer & Lift Sta-
tion and does hereby petition said
City to enter into a contract for
the construction of said improve-
ment in accordance with and as
provided by plans and specifica-
tions to be furnished and approved
by said City. Said contract to be
let and entered into in the man-
ner provided by statute for bids
and contracts for Sanitary Sewer
& Lift Station in consideration of
the construction of the improve-
ment as aforesaid, the undersigned
agrees to pay his proportionate
share of the actual cost thereof,
including the engineering and in-
spection expense to the City and
the expense of making the assess-
ment schedule. It is agreed that
the City of Dubuque shall cause
assessments to be made against
the property of the undersigned in
proportion to the special benefits
conferred on Front footage and
area basis and that such assess-
ment shall be and constitute a lien
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494 Special Session, July 15, 1953
upon the properties of the under- ,
signed for the actual cost of such '
improvements on and from the date
of the acceptance of this Petition
by the City, and the undersigned
agrees to pay said assessments in
full, either by a lump sum° pay-
ment or in ten equal installments
as provided by law, not withstand-
ing any provisions of the Statute
to the contrary. The undersigned
waives any and all rights he has
to object to the making of said
improvements and consents to pay
his proportionate share of the ac•
tool cost as aforesaid.
The undersigned further petiticns
said City to pay the contractor for
constructing said improvements by
delivery of special assessment cer-
tificates or special assessment
bonds to the contractor against the
property of the undersigned.
The undersigned further petitions
said City to pay the contractor for
constructing said improvements by
the issuance and sale of improve-
ment bonds in anticipation of de-
ferred payments of assessments
when a contract has been per- '
formed and accepted by said City.
It is fm~ther agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Councfl may contain recitals
that said improvements are ordered
with or without the Petition of
property owners, without in any
way qualifying this Petition or re-
leasing the undersigned from his
obligation to pay assessments made
against his property as aforesaid,
GUY C. SPERA
CLARA SPERA
PETITION AND 1NAIVER
Arthur Trausch
The undersigned, owner of Lots
17, 18, 19, 20, 21 Block 4, Grand-
view Park Add, property abutting
upon and adjacent to Bradley
St, hereby petitions the City Coun-
cil of the City of Dubuque, Iowa,
as soon as practicablo, to proceed
with the Construction of Perry
Street Sanitary Sewer & Lift Sta-
tion and does hereby petition said
City to enter into a contract for
the construction of said improve-
ment in accordance with and as
provided by plans and specifica-
tions to be furnished and approved
by said City, Said contract to be
let and entered into in the manner
provided by statute for bids and
contracts for Sanitary Sewer & Lift
Station. In consideratien of the con-
struction of the improvement as
aforesaid, the undersigned agrees
to pay his proportionate share of
the actual cast thereof, including
the engineering and inspection ex-
pense to the City and the expense
of making the assessment schedule.
It is agreed that the City of Du-
buque shall cause assessments to
be made against the property of
the undersigned in proportion to
the special benefits conferred on
Front Footage & Area basis and
that such assessment shall be and
constitute a lien upon the proper'
ties of the undersigned for the ac-
tual cost of such improvements on
and from the date of the accept-
ance of this Petition by the City,
and the undersigned agrees to pay
said assessments in full, either by
a lump sum payment or in ten
equal installments as provided by
law, not withstanding any provis-
ions of the Statute to the contrary.
The undersigned waives any and
all rights he has to object to the
making of said improvements and
' consents to pay his proportionate
share of the actual cost as afore-
said.
The undersigned further petitions
said City to pay the contractor
for constructing said improvements
by delivery of special assessment
certificates or special assessment
bonds to the contractor against the
property of the undersigned,
The undersigned further petitions
said City to pay the contractor for
constructing said improvements by
the issuance and sale of improve-
ment hands in anticipation of de-
ferred payments of assessments
when a contract has been perform-
ed and accepted by said City.
It is further agreed that in ac-
cepting this petition and in order-
ing the construction of said im-
provements the Resolution of the
City Council may contain recitals
that said improvements are order-
ed with or without the Petition
of property owners, without in any
way qualifying this Petition or re-
leasing the undersigned from his
obligation to pay assessments made
against his property as aforesaid.
ARTHUR TRAUSCH
Special Session, 7uly 15, 1953 495
July 13, 1953 of the various departments in the
City of Dubuque,
To the Honorable Mayor Respectfully submitted,
and City Council, L. J. SCHILTZ,
Dubuque, Iowa. City Manager,
Councilman Kolb moved that the
Gentlemen: communication of City- Manager
In accordance with the provisions Schiltz be received and made a
of the law, I have prepared an matter of record. Seconded by
annual budget for the fiscal year Councilman Welu. Carried by the
following vote:
beginning January 1, 1954 and end- yeas-Nlayor Austin, Councilman
ing December 31, 1954 based upon Kintzinger, Kolb, Schueller, Welu,
the estimated income and expense Nays-None.
BUDGET ESTIMATE AN D RECORD OF FILING
TOWN AND CI TY ESTIMATE
NOTICE--The City Council of Dubuque of Dubuque County, Iowa will meet
August 3rd, 1953, at 7:3D P.M. at City Hall.
Taxpayers will be heard For or against the following estimate of expen•
ditures for the year beginning January 1, 1954. A detailed statement of re•
ceipts and disbursemens, both past an d anticipated wlll be available at the
hearing, J. J. SHEA,
lt, July 20
-• City Clerk
N Yei
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Funds p .i~' w°~'
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....... 114,947 136,638
!General 231948 24,000 81,45E 26996
......
~3treet . , . ..... 276,216 339,921
1
fe 298,121 136,000 9,973 152,148
8
2
,200 225,528
~~ 17
Snitation
H3unlcipal Enterprise 119,502 180,489
925
02 196 00 18,100 23Q,877
254,277
5,
211,141 27,677 47,520 135,944
326
200 171
000 39
52E 5
215
,
Recreation ........ 196,1
Utilities ... .. , , , . 347,229 434,683 ,
,
,
,
414,520 45,000 317,520 52,000
Debt &ervice ....,., 27,218 44,011
Trust and Agency 65,484 92,418 63,502 63,602
141,525 5,100 136,425
Emergency 37,200 6,600
use`tax)
I3treet (road
175,000 10,000 165,000
.
Liquor Profit ... 26,887 52,935 47,000 47,OOD ~
Parking Meters and
Parking lots ........ 65,473 14,915
100,803 30,000 70,OOD
Street (Agr, Land) ..
City Assesment Exp, 5,332 9,205
- S75
12,807 12,807
-- -•- -
Totals ..........1,801,923 2,243,568 2,751,605 302,877 II69,088 1,579,640
Estimated. Taxes per $1,000.00 of assess:d v~hie $32.38. ,
!Taxable Valuation (1952) .............. ................... $ 46,963,215
~ ~ ~ ~
~
r M $ 722,778
1
t
`Money and Credits (1952) .................................•. 5 M $ 11,74Q163
RESOLUTION N0. 313.53 filed in the office of the Clerk
The City Manager has
Whereas of Dubuque and the date of public
,
submitted a budget estimate as hearing thereon is hereby fixed as
provided in Chapter 24 of the 1950 the 3rd day of August, 1953 at
in the Council
m
7:30 o'clock p
Code of Iowa and the City Council .
.
r had duly considered and caused to Chamber in the City Hall.
be prepared the budget estimate Be It Further Resolved that said
of expenditures for the fiscal year Clerk be and he is hereby directed
beginning January 1, 1954 and end- to cause said budget estimate of
r
ing December 31, 1954, as a basis expenditures to be published in
for the tax levy for the year 1953, the official newspaper of the City
the same to be collected in the of Dubuque and an official notice
year 1954, and said budget having to be given of the time and place,
been duly approved by it; when and where said budget es-
Now, Therefore, Be It Resolved timate will be considered by said
by the City Council of the City of Council for final adoption, at which
Dubuque that said budget estimate time and place taxpayers will be
be and the same is hereby ordered heard for and against said esti-
496 Special Session, July 15, 1953 ~ Special Session, July 15, 1953 4y~
mate, said publication to be not
less than ten (10) days before said
date of hearing,
Passed, adopted and approved
this 15th day of July, 1953,
RUBEN V, AUSTIN
Mayor.
CLARENCE P, WELU
RAY F. KOLB
LEO N.SCHUELLER
CHARLES A. KINTZINGER
Councilmen
Attest: . .
J. J. SHEA
City Clerk.
Councilman Schueller moved the
adoption of the resolution, Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION NO. 314.53
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with the
provisions of law relating to the
sale of cigarettes within the City
of Dubuque, be granted a permit
to sell cigarettes and cigarette pa-
pers within said City and the
Manager is directed to issue such
permit on behalf of said City.
Name, Helen, Cahill
Address, 62 Locust Street
Be It Further Resolved that the
bond filed with the application be
approved.
Passed, adopted and approved
this 15th day of July, 1953,
RUBEN V, AUSTIN
Mayor.
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
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 Austin, Councilman
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 315.53
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 Du-
buque that the following applica-
tion be granted and the license
is to be issued upon the com-
pliance with the terms of the or-
dinances of this City.
CLP,SS "E" PERA4IT
Mrs. Glen McArdle, 1961 Central
Avenue.
Passed, adopted and approved
this 15th day of July, 1953.
RUBEN V. AUSTIN
Mayor.
CLARENCE P. WELU
RAY F, KOLB
LEO N. SCHUELLER
CLARLES A. KINTZINGER
Councilmen.
Attest: . .
J. J. SHEA
City Clerk.
Councilman Kolb moved the ad-
option of the resolution, Seconded
by Councilman Schueller. Carried
by the following vote;
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION NO. 316.53
Whereas, the premises to be
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 presmises to be
occupied by such applicant have
been inspected and found to com-
ply with the ordinances of this Ci-
ty and she has fIled a proper band:
Now, Therefore,
Be It Resolved by the Councll
of the City of Dubuque that the
Manager be and he is directed to
issue to the following named ap-
plicant aBeer Permit.
CLASS "6" PERMIT
Mrs. Glen McArdle, 1961 Central
Avenue,
Be It Further Resolved that the
bond filed by such applicant be
and the same is hereby approved.
Passed, adopted and approved
this 15th day of July, 1953.
RUBEN V. AUSTIN
Mayor.
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A, KINTZINGER
Councilmen.
Attest;
J. J. SHEA,
City Clerk.
Councilman Kolb moved the ad-
option of the resolution. Seconded
' by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
Mr, Howard Klauer of 1795 Adair
Street addressed the Council ask-
, ing that action be taken to divert
the storm water coming from Aud-
ubon Street and Adair from running
over his property. Councilman Kolb
moved that the verbal request of
Mr, Howard Klauer be referred to
the City Manager, Seconded by
i Councilman Kintzinger. Carried by
the following vote;
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
Mayor Austin stated that the re-
quest of the Interstate Power Com-
'~ pony for an increase in bus fares
was the next order of business. Af-
ter avery lengthy discussion of
this request, in which Mr. Eugene
C. Lange, Engineering Manager of
Laramore and Douglass, Inc., the
officials of the Interstate Power
Company and the City Council par-
ticipated, it was decided to post-
. pone action on this matter until
the Council meeting of July 17,
1953 at 8:00 p,m, in order that
Mr. Lange could give further study
to the requested bus fare increase
and that at said meeting that Mr.
Lange furnish a report to the City
CauncIl,
There being na further business
Councilman Kolb moved to ad-
journ. Seconded by Councilman We-
lu, Carried by the following vote:
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
J. J. SHEA
City Clerk.
Approved ................................ 1953
Adopted ...................................... 1953
I
Councilmen: t ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
I
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Attest ..................................
City Clerk
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498 Special Session, July 17, 1953
i
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i~li~ it ~~i ii, ~ ~ ~``lli
(®FFICIAL)
Special Session, July 17th, 1953.
Council met at 8:00 p.m.
Present-Mayor Austin, Council-
men Kintzinger, Kolb, Schueller,
Welu. City Manager Schiltz.
Meeting called by order of Mayor
AnStln.
Mayor Austin read the call and
stated that service thereof had been
duly made and that this meeting
is called for the further considera-
tion of the rquest of the Interstate
Power Company for an increase
in bus fares.
Larmore and Douglass, Inc.
Engineers
79 East Adanls Street
Chicago 3, Illinois.
July 16, 1953
Mr. L. J. Schiltz
City Manager
Dubuque, Iowa
RE; Interstate Power Co.-
Bus Rates
Dear Mr. Schiltz
We have had an opportunity to
check the writer's figures that
were hurriedly made in your office
yesterday and wish to confirm that
this time the statement made that
the adequacy of the proposed rate
schedule to earn a return of seven
per cent of the rate base is en-
tirely dependent upon the extent
of the drop in riding produced by
these increased fares.
The number of revenue fares for
the first five months of 1953 are
twelve and one-half per cent
(121/z%) less than the corres-
ponding months of 1952. The
Company assumed that the drop
fer the entire year 1953 would
be ten per cent of the year 1952.
They have assumed that there will
be a further drop in riding induced
by the fare increase that will re-
duce revenue another ten per cent.
The enclosed Exhibit has been
prepared to show the return based
upon the present rate base and
when same is increased by the
addition of $75,000 worth of new
buses. It also indicates the reve-
nues required to produce a seven
per cent (7%) return on the two
Rate Bases.
My statement that five tokens
should be sold for $.70 instead of
seven for $1.00 was based upon
the understanding that the number
of riders was only ten per cent
lender 1952 and not twelve and one-
half percent (121/z%o) as determin-
ed this morning.
The further we get into our study
the more convinced we are that
the fare schedule offered by the
Company should be approved and
placed in effect, otherwise we fear
that in a short period of time,
they will be back for another in-
crease. Definitely in our judgement,
there is no way to recommend
eight tokens for $1.00 much as we
would Like to keep the fares as
low as possible.
Very truly yours,
Laramore and Douglass, Inc.
Eugene C. Lang ... ...
Engineering Manager
Councilman Welu moved that the
communication and report of Mr,
Eugene C. Lang be received and
made a matter of record. Second-
ed by Councilman Kolb. Carried
by the following vote;
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
Councilman Kintzinger moved
that the increase in bus fares as re-
quested by the Interstate Power
Company be granted. Seconded by
Mayor Austin. Carried by the fol-
lowing vote:
Yeas-Mayor Austin, Councilmen
Tintzinger, Kolb, Schueller, Welu.
Nays-None.
®RDI%~ANCE N0. 57-53
An Ordinance Establishing &
Fixing Rates to be charged
for Furnishing Bus Transporta-
tion on Susses Operated by
the Interstate Power Company
in the City of Dubuque; Re-
pealing Ordinance No. 49-51; and
Providing a Penalty for Violation,
presented and read. Councilman
Kintzinger moved that the reading
just had be considered the first
reading of the ordinance, Second-
ed by Councilman Kolb. Carried
by the following vote;
Yeas-Mayor Austin, Councilmen
I{intzinger, Kolb, Schueller, Welu.
Nays-None.
Councilman Kintzinger moved
that the rules be suspended re-
quring an ordinance to be read
Special Session, July 17, 1953 499
on three separate days. Seconded
by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
ORDINANCE N0. 57•b3
An Ordinance Establishing and Fix-
ing Rates to be Charged for Fur-
nishing Bus Transportation on
Busses Operated by the Interstate
Power Company in the City oP Du-
buque; Repealing Ordinance No.
49.51; and Providing a Penalty for
Violation,
Be It Ordained by the City Council
of the City of Dubuque, Iowa:
Section 1. That Ordinance No.
49-51 be and tho same is hereby re-
pealed:
Section 2. The fare to be charged
by the Interstate Power Company on
all busses operating in the City oY
Dubuque under its franchise known
as Ordinance No. 16-46, is hereby
fixed as follows:
a, The charge for a single cash
fare shall be fifteen cents;
b. The charge for seven Pull fare
tokens shall be one dollar;
c. In accordannce with and sub-
ject to the provisions of Section 5
of said franchise, children in arms
shall be carried free of charge, the
cash fare far children under 12 years
oP age shall be eight cents and halP-
fare tokens shall be sold at the rate
of fourteen of such tokens for one
dollar;
d, when requested, transfers shalt
be issued upon the payment of all
fares without additional charge.
Section 3, That any person, firm
or corporation who shall violate any
of the terms of this Ordinance shall
be guilty of a misdemeanor and upon
conviction thereof shall be fined not
to exreed one hundred dollars or im-
prisoned not to exceed thirty days
in lieu of such fine,
Ser.tion 4. That this Ordinance
shall be in full force and effect im-
mediately upon Its final passage,
adoption and publication 'as provided
by law.
Passed, adopted and approved this
17th day of July, 1953,
RUBEN V. AUSTIN, Mayor
CLARENCE P. WELU
RAY F, KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
Councilmen
Attest: J. J. Shea
City Clerk
Published officially in The Tele-
graph-Herald newspaper this 21st
day of July, 1953.
J. J. SHEA,
It July 21 City Clerk
Councilman Kintzinger moved the
adoption of the ordinance, Second-
ed by Councilman Kolb. Carried
by the following vote:
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
There being no further business
Councilman Kolb moved to adjourn.
Seconded by Councilman Schueller,
Carried by the following vote:
~,
Yeas-Mayor Austin, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
Approved ...............~................ 1953
Adopted .................................... 1953
Councilmen . ..................................
Attest :..............................................
City Clerk