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1952 Supplement to Revised Ordinances of 1951 for use during 1953 (Also Included in Revised Ordinances of 1951 Book)1952 Supplement to Revised Ordinances of 1951 of City of Dubuque, Iowa For use during 1953 This pamphlet contains all Ordinances of the City of Dubuque of general interest adopted since August 10, 1951 and prior to January 1, 1953 and supersedes 1951 supplement. INSERT THIS PAMPHLET IN THE POCKET ON THE INSIDE BACK COVER CHAPTER 1 General Administration Ordinance No. 16-52 An Ordinance Exacting Compliance with Proclama- tion Issued by the Mayor in Times of Public Danger or Emergency and Providing a Penalty for a Violation Hereof. Be it Enacted by the City Council of the City of Dubuque: Section 1. No person, firm or corporation shall violate the provisions of any proclamation issued by the Mayor during times of public danger or emergency under the authority of Section 2 of Or- dinance 93 of the City of Dubuque. Section 2. Any person, firm or corporation who shall violate any of the terms or conditions hereof shall be guilty of a misdemeanor and upon convic- tion thereof shall be fined not to exceed One Hun- dred Dollars ($100) or imprisoned in the County jail for not to exceed thirty (30) days. Section 3. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Adopted 4/15/52 Published 4/ 18/ 52 CHAPTER 11 Elections ORDINANCE NO. 159 REPEALED by Ordinance No. 7-52 Ordinance No. 7-52 An Ordinance Establishing a Single Ward for the City of Dubuque and Dividing the Same into Election Precincts, Establishing Such Precints and Defining the Boundaries Thereof; and Re- pealing Ordinance No. 159 Be it Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 159 be and the same is hereby repealed. Section 2. That all of the territory embraced within the corporate limits of the City of Dubuque shall be confined within a single ward, which ward shall be co -extensive with the limits of said city. Section 3. That for the convenience of its citi- zens and to facilitate the casting of ballots at elec- tions, the ward hereby created shall be divided in- to sixteen (16) precincts, the boundaries of which shall be as set forth in Sections 4 to 19 hereof in- clusive. Section 4. The boundaries of the First Precinct shall be: FIRST PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly on the north line of Linhein's Subdivision to Laurel street, thence southwesterly on the northwesterly line of the Sub- division of Mineral Lot 20 to the southeasterly lot line of Lot 19 of Rowan's Addition, thence south- westerly along said lot line to a point where the same is intersected by the quarter section line of Section 36, thence westerly to the south of said quarter section line to the center of Section 36, thence westerly along said quarter section line to a point where said section line intersects Southern avenue, thence northeasterly along the westerly side of Southern avenue to Samuel street, thence northwesterly on the westerly side of Samuel street to Levi street, thence northeasterly across Samuel street at Levi street, thence southerly on the east side of Samuel street to Southern avenue, thence northerly on the west side of Southern avenue to Valley street (excluded from this precinct, how- ever, are all residents located upon both sides of Southern avenue and Samuel street within the boundaries of the precinct described) and thence northwesterly on the southwesterly side of Valley street to Quinn street, thence northerly on the west side of Quinn street to Union street, thence north- erly on the west side of Union street to Rising street, thence westerly on the south side of Rising street to Dodge street, thence westerly on the south side of Dodge street to South Hill street, thence southerly on the east side of South Hill street to Grandview avenue, thence across Grand- view avenue to Henderson street, thence south- westerly on the east side of Henderson street to the end of said street, thence southwesterly on a line drawn from Henderson street to the northwest corner of Min. Lot 137, thence southerly on the west line of Min. Lot 137, thence southerly on the same line extended to the northwest corner of Min. Lot 135, thence southerly on the west line of Min. Lot 135 to the southwest corner of said Min. Lot, thence westerly on the north line of Min. Lot 127 to the northwest corner of said Min. Lot, thence southerly on the west line of Min. Lot 127 and Min. Lot 124 to the quarter section line of Section 35, thence westerly along said quarter section line to the center of Section 35, thence southerly along the quarter section line from the center of Section 35 to the south limits of the City, thence easterly along the south limits of the City to the easterly limits, and thence northerly to the place of begin- ning. Section 5. The boundaries of the Second Pre- cinct shall be: SECOND PRECINCT Commencing at the quarter section corner on the south side of Section 35, being the south limits of the city, thence northerly along said quarter section line to the center of Section 35, thence easterly on the quarter section line to where it intersects the west line of Min. Lot 124, thence northerly on the east line of Min. Lot 123, and 128 to the northwesterly corner of Min. Lot 127, thence easterly on the north line of Min. Lot 127 to the southwest corner of Min. Lot 135, thence northerly on the east line of Min. Lot 134 to the northwest corner of Min. Lot 135, thence northerly on a line drawn from the northwest corner of Min. Lot 135 to the northwest corner of Min. Lot 137, thence northeasterly on a line drawn from the northwest corner of Min. Lot 137 to the south line of Hender- son street, thence northeasterly on the northwest side of Henderson street to Grandview avenue, thence across Grandview avenue, thence northeast- erly on the northwest side of South Hill street to Dodge street, thence easterly on the north side of Dodge street to Hill street, thence northerly on the west side of Hill street to Langworthy avenue, thence westerly on the south side of Langworthy avenue to Booth street, thence northerly on the west side of Booth street to West Third street, thence westerly on the south side of West Third street to College street, thence northwesterly on the southwest side of College street to West Fifth street, thence west on the south side of West Fifth street to Delhi street, thence westerly along the southerly side of Delhi street, to Auburn street, thence southerly on the east side of Auburn street to Grace street, thence westerly on the south side of Grace street to Algona street, thence southerly on the east side of Algona street to West Third street, thence westerly on the south side of West Third street, thence westerly along the south side of West Third street and the south side of West Third street produced to intersect with the section 3 2 line between Sections 26 and 27, T89NR2E, thence south along said section line to a point one hundred and ninety feet (190') north of U. S. Highway No. 20, thence northwesterly along a line parallel to and one hundred and ninety feet (190') north from the center line of U. S. Highway No. 20 to its intersec- tion with the west city limits line, thence south to a point two hundred and five feet (205') south of the center line of U. S. Highway No. 20, thence south- easterly along a line parallel to and two hundred and five feet (205') south of the center line of U. S. Highway No. 20 to the west line of lot 1 of lot 2 of lot 1 of lot 1 of George Jecklin farm, thence south- westerly along the west line of said lot 1 of lot 2 of lot 1 of lot 1 for a distance of one hundred and seventy-five feet (175'), thence southeasterly along a line three hundred and eighty (380') south of and parallel to the center line of U. S. Highway No. 20 to the east line of Section 27, T89NR2E, thence south along said section line to the south city limits, thence east to the point of beginning. Section 6. The boundaries of the Third Precinct shall be: THIRD PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly along the north line of Linhein's Subdivision to Laurel street, thence southwesterly on the northwesterly line of Subdi- vision of Min. Lot 20 to the southeasterly lot line of Lot 19 of Rowan's Addition, thence southwest- erly on the north line of Lot 19 of Rowan's Addi- tion to a point where the same intersects the quar- ter section line of Section 36, thence westerly on said quarter section line to the center of Section 36, thence westerly on said quarter section line to Southern avenue, thence northeasterly on the east- erly side of Southern avenue to Valley street (in- cluded, however, in this precinct are all residents upon both sides of Southern avenue and Samuel street within the limits of this precinct), thence across Southern avenue to Valley street, thence northwesterly on the northeasterly side of Valley street to Quinn street, thence northerly on the east side of Quinn street to Union street, thence north- erly on the east side of Union street to Rising street, thence westerly on the north side of Rising street to Dodge street, thence westerly on the north side of Dodge street to Hill street, thence northerly on the east side of Hill street to West Third street, thence easterly on the south side of West Third street to Burch street, thence norther- ly on the east side of Burch street to Fenelon Place, thence easterly on the south side of Fenelon Place to West Fourth street, thence easterly on the south side of West Fourth street to Central avenue, thence easterly on the south side of East Fourth street to the easterly limits of the city, thence southerly to the place of beginning. Section 7. The boundaries of the Fourth Pre- cinct shall be: FOURTH PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly on a direct line to East Fourth street, thence westerly on the north side of East Fourth street to Central avenue, thence west- erly on the north side of West Fourth street to Fenelon Place, thence westerly on the north side of Fenelon Place to Burch street, thence southerly on the west side of Burch street, to West Third street, thence westerly on the north side of West Third street to Hill street, thence northerly on the east side of Hill street to West Fifth street, thence westerly on the north side of West Fifth street to Wilson street, thence northerly on the east side of Wilson street to University avenue, thence easterly on the south side of University avenue to Eighth avenue, thence easterly on the south side of Eighth avenue to Central avenue, thence easterly on the south side of East Eighth street to the easterly limits of the city, thence southerly to the place of beginning. Section 8. The boundaries of the Fifth Precinct shall be: FIFTH PRECINCT Commencing at the intersection of Langworthy and Hill streets, thence proceeding westerly on the northerly side of Langworthy street to Booth street, thence northerly on the easterly side of Booth street to West Third street, thence westerly on the northerly side of West Third street to Col- lege street, thence northerly on the easterly side of College street to West Fifth street, thence west- erly on the northerly side of West Fifth street to Delhi street, thence northeasterly on the easterly side of Delhi street to Mt. Pleasant street, thence northerly on the easterly side of Mt. Pleasant street to Loras boulevard, thence easterly on the southerly side of Loras boulevard to Belmont street, thence southerly on the westerly side of Belmont street to Rose street, thence easterly on the southerly side of Rose street to Center Place, thence southerly on the westerly side of Center Place to University avenue, thence easterly on the southerly side of University avenue to Wilson street, thence southerly on the westerly side of Wilson street to West Fifth street, thence easterly on the southerly side of West Fifth street to Hill street, thence southerly on the westerly side of Hill street to the place of beginning. Section 9. The boundaries of the Sixth Precinct shall be: SIXTH PRECINCT Commencing on the Section lines between Sec- tions 26 and 27 T89NR2E at a point where West Third street if produced to said section line would intersect the same, thence proceeding easterly on the northerly side of West Third street, thus pro- duced, to West Third street, thence easterly on the northerly side of West Third street to Algona street, thence northerly on the westerly side of Algona street to Grace street, thence easterly on the northerly side of Grace street to Auburn street, thence northerly on the westerly side of Auburn street to Delhi street, thence easterly on the north- erly side of Delhi street to Mt. Pleasant street, thence northerly on the westerly side of Mt. Pleas- ant street to Loras boulevard, thence easterly on the northerly side of Loras boulevard to Alta Vista street, thence northerly on the westerly side of Alta Vista street to Kirkwood street, thence west- erly on the southerly side of Kirkwood street and Kirkwood street produced to Rosedale avenue, thence westerly on the southerly side of Rosedale avenue to Adair street, thence southeasterly on a line drawn northwesterly from the intersection of Rosedale avenue and Adair street to the intersection of West Locust and Seminary streets, thence northeasterly on the northerly side of West Locust street to a point where Abbott street if pro- duced would intersect West Locust, thence north- erly on the westerly side of Abbott street, thus produced, to the alley between Lowell and Semi- nary streets, thence westerly on the southerly side of said alley produced to the point of intersection between said line and the section line between sec- tions 22 and 23 T89NR2E, thence north along said section line to the intersection of said line with the center line of Kaufmann avenue, thence westerly along the center line of Kaufmann avenue to its in- tersection with the center line of Carter road, thence southwesterly along the center line of Car- ter road to its intersection with the center line of Asbury road, thence southeasterly along the center line of Asbury road to its intersection with the sec- tion line between sections 22 and 23 T89NR2E, thence south along said section line to the inter- section of said line with the center line of Karrick street, thence southeasterly along the center line of Karrick street to the intersections of the center lines of Karrick, Poplar and Finley streets, thence southeasterly along the center line of Finley street to its intersection with the center line of Univer- sity avenue, thence southwesterly along the center line of University avenue to its intersection with the section line between sections 26 and 27 T89NR- 2E, thence south to the point of beginning. Section 10. The boundaries of the Seventh Pre- cinct shall be: SEVENTH PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly to East Eighth street, thence westerly on the north side of East Eighth street to Central avenue, thence westerly on the north side of West Eighth avenue to Main street, thence northerly on the east side of Main street to Loras boulevard, thence easterly on the south side of Loras boulevard to Central avenue, thence east- erly on the south side of East Fourteenth street to the easterly limits of the city, thence southerly to the place of beginning. Section 11. The boundaries of the Eighth Pre- cinct shall be: EIGHTH PRECINCT Commencing at the northwest corner of Main street and Eighth avenue, thence proceeding west- erly on the north side of Eighth avenue to Univer- sity avenue, thence westerly on the north side of University avenue to Center place, thence northerly on the easterly side of Center place to Rose street, thence westerly on the northerly side of Rose street to Belmont street, thence northerly on east- erly side of Belmont street to Loras boulevard, thence easterly on the southerly side of Loras boulevard to Main street, thence southerly on the westerly side of Main street to the place of begin- ning. Section 12. The boundaries of the Ninth Pre- cinct shall be: NINTH PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly on East Fourteenth street, thence westerly on the northerly side of East Fourteenth street to Central avenue, thence westerly to the northerly side of Loras boulevard to Main street, thence northerly on the easterly side of Main street to West Seventeenth street, thence easterly on the southerly line of West Seventeenth street to Heeb street, thence northerly on the easterly side of Heeb street to East Nine- teenth street produced to Heeb street, thence east- erly on the southerly side of East Nineteenth street produced and East Nineteenth street to the easter- ly limits of the city, thence southerly to the place of beginning. Section 13. The boundaries of the Tenth Pre- cinct shall be: TENTH PRECINCT Commencing at a point where Seminary street intersects West Locust street, thence proceeding easterly on the southerly side of West Locust street to a point where Abbott street, if produced, would intersect West Locust street, thence north- erly on the easterly side of Abbott street, thus produced, to the alley lying between Lowell and Seminary streets, thence easterly on the southerly side of said alley to Harold street, thence easterly on a line drawn midway between Lowell street and Seminary streets to Main street, thence easterly on a line drawn from Main street to Heeb street to Twentieth street produced, thence southerly on the westerly side of Heeb street to West Seventeenth street, thence westerly on the northerly side West Seventeenth street to Main street, thence southerly on the westerly side of Main street to Loras boule- vard, thence westerly on the northerly side of Loras boulevard to Alta Vista street, thence north- erly on the easterly side of Alta Vista street to Kirkwood street, thence westerly on the northerly side of Kirkwood street and Kirkwood street pro- duced to Rosedale avenue, thence westerly on the northerly side of Rosedale avenue to Adair street, thence northwesterly on a line drawn from Adair street to the place of beginning. Section 14. The boundaries of the Eleventh Pre- cinct shall be: ELEVENTH PRECINCT Commencing at a point on the section line be- tween sections 22 and 23 T89NR2E where the alley line between Lowell and Seminary streets if pro- duced on a direct line would intersect said section line, thence proceeding easterly on the northerly side of said alley, thus produced, to the westerly end of said alley, thence easterly on the northerly side of said alley to Harold street, thence easterly on a line drawn midway between Lowell and Semi- nary streets to Main street, thence easterly on a line drawn. from Main street to Heeb street at Twentieth street produced, thence southerly on the east side of Heeb street to East Nineteenth street produced, thence easterly on the north side of East Nineteenth street to the Chicago Great Western Railroad right-of-way, thence northerly on the west side of the Chicago Great Western Railroad right- of-way to East Twenty-second street, thence west- erly on the south side of East Twenty-second street to Central avenue, thence westerly on the southerly side of Kaufmann avenue to Valeria street, thence westerly on the southerly side of Valeria street to Lewis street, thence westerly on the westerly side of Lewis street to Wallace street, thence westerly 5 4 on the westerly side of Wallas: street to Monroe street, thence westerly on the southerly side of Monroe street and southerly o the easterly side of Monroe street to Kane street, thence westerly on the southerly side of Kane street to a point where Gay street produced would intersect Kane street, thence north six hundred. feet (600'), thence westerly in a direct nline of Kaneparallel streetaproduced to hun- dred feet (600') north the section line between sections 14 and 15, T89NRZE, thence north along said section line to the S. E. corner of the N. E. 1/4 of section 15, T89NRZE, thence westerly twenty-six hundred and forty feet (2640') to the center of section 15, T89NRZE, thence west six hundred and sixty feet (660'), thence south twenty-six hundred and forty feet (2640') to the south section line of section 15, T89NRZE, thence easterly along the southerly sec- tion line of section 15, six hundred and sixty feet (660') to the S. W. corner of the S. E. 1/4 of sec- tion 15, T89NRZE, thence south to the intersection of the center line of Kaufmann avenue, thence east- erly along the center line of Kaufmann avenue to its intersection with the section line between sec- tion ZZ and 23 T89NR2E, thence southerly along said section line to the point of beginning. Section 15. The boundaries of the Twelfth Pre- cinct shall be: TWELFTH PRECINCT Commencing on Kane street at a point where Gay street if produced westerly to Kane street would intersect the same, thence proceeding east- erly on the southerly side of Gay street to Broad- way, thence easterly on the southerly side of Broadway to Diagonal street, thence easterly on the southerly side of Diagonal street to Central avenue, thence northerly on the easterly side of Central avenue to East Twenty-sixth street, thence easterly on the southerly side of East Twenty- sixth street to Marquette Place, thence southerly on the westerly side of Queen street to East Twenty-fourth street, thence westerly on the north- erly side of East Twenty-fourth street to Prince street, thence southerly on the westerly side of Prince street to East Twenty-second street, thence westerly on the northerly side of East Twenty- second street to Central avenue, thence westerly on the northerly side of Kaufmann avenue to Valeria street, thence northwesterly on the eahence st- erly side of Valeria street to Lewis street, northwesterly on the easterly side of Lewis street to Wallace street, thence northwesterly on the easterly side of Wallace street to Monroe street, thence southerly on the northerly side of Monroe street to Kane street, thence northwesterly on the northerly side of Kane street to the place of begin- ning. Section 16. The boundaries of the Thirteen precinct shall be: THIRTEENTH PRECINCT Commencing at a point six hundred feet (600') north of Kane street produced on the section line between sections 14 and 15 T89NR2E, thence pro- ceeding easterly on a direct line parallel to and six hundred feet (600') north of Kane street to a point six hundred feet (600') north of a point where Kane street and the northerly line of Gay street if extended would intersect, thence south six hundred feet (600') to said point, thence easterly on the northerly side of Gay street to Broadway, thence southeasterly on the northeasterly side of Broad- way to Diagonal street, thence easterly on the northerly side of Diagonal street to Central avenue, thence northerly on the westerly side of Central avenue to East Twenty-sixth street, thence north- easterly on the northerly side of East Twenty-sixth street to Marquette Place, thence northerly on the Pace and rquette wlse roducedito Mortonesttr et thenceanortherly Place p on the westerly side of Morton street to East Twenty-eighth street, thence northerly to the north- erly city limits to the west of a line drawn from Morton street midway between Pinard and Bruns- wick street, thence westerly on the northerly whlchii nea of the city limits to the westerly limits, point at the N. E. corner of the S. E. 1/4 of the N. E. 1/4 of section 15, T89NRZE, thence west thirteen hundred and twenty feet (1320'), thence thirteen hundred and twenty feet (1320') thence east thirteen hundred and twenty feet (1320'), to the sec- tion line between sections 14 and 15 at the S. E. corner of the N. E. 1/4 of section 15, T89NR2E, thence southerly to the point of beginning. Section 17. The boundaries of the Fourteenth Precinct shall be: FOURTEENTH PRECINCT ts of the Commencing oce ding westerly to East1ty� Nineteenth thence p street, thence westerly on the northerly side of East Nineteenth street to the Chicago Great West- ern Railroad right-of-way, thence northerly on the easterly side of the Chicago Great Western Rail- road right-of-way to East Twenty-second street, thence northerly on the easterly side of East Twenty-second street to Prince street, thence northwesterly on the easterly side of Prince street to East Twenty-fourth street, thence easterly on the southerly side of East Twenty-fourth street to Queen street, thence northerly on the easterly side of Queen street to Marquette Place, thence west- erlye Place and othe produced side of to Morton street, thence Marquette Place northerly on the easterly side of Morton street to East Twenty-eighth street, thence northwesterly on a line drawn from Morton street midway be- tween Pinard street and Brunswick street to the northerly limits of the city, thence easterly along the northerly limits of the city and Davis NR2Estreet toh the south 1/4 corner of section 12, P. M.; thence north a distance of 2,659 feet to the center of section 12, thence east a distance of 1,983.9 feet to the northeast corner of lot 1 of 1 of Bethany Addition; thence south a distance of 729 feet to the northwest corner of lot 2 of lot 1 0fce the N. E. 1/4 of the S. E. 1/4 of section 12; east a distance of 654.75 feet to the northeast corner of lot 2 of lot 1 of the N. E. 1/4 of the S. E. 1/4 of section 12; thence south a di1ta ce and 1of , 1,775.6 at feet to the corner of sections 7, , 13e easterly boundary of Linwood Cemetery; thence southerly along the easterly side of Linwood Cemetery to Thomas street, thence southwesterly on the westerly side of Thomas street to Stafford street, thence southeasterly on the southerly side of Stafford street and Stafford street produced to East Twentieth street to the easterly libemits of the city, thence southerly to the place Section 18. The boundaries of the Fifteenth Pre- cinct shall be. FIFTEENTH PRECINCT Beginning at the easterly boundary line of the city, thence proceeding westerly to East Twentieth street, thence westerly on the northerly side of East Twentieth street to Stafford street produced, thence northwesterly on the northerly side of Staf- ford street produced and Stafford street to Thomas street, thence northerly on the easterly side of Thomas street to the easterly boundary line of Lin- wood Cemetery, thence northerly along the easterly boundary line of Linwood Cemetery to the norther- ly city limits, thence easterly to the easterly city limits, thence southerly to the place of beginning. Section 19. The boundaries of the Sixteenth Pre- cinct shall be: SIXTEENTH PRECINCT Commencing at a point one hundred and ninety feet (190') north of U. S. Highway No. 20 onthe section line between Sections 26 and 27, T89NR2E, thence north along said section line to the section corner between Sections 26 and 27 and 22 and 23, T89NR2E, thence north on the section line between Sections 22 and 23, T89NR2E to its intersection with the center line of the Asbury Road, thence northwesterly along the center line of the Asbury road to its intersection with the center line of Carter road, thence northerly along the center line of Carter road to its intersection with the center line of Kaufmann avenue, thence northerly along the center line of Carter road extension to its in- tersection with the section line between Sections 15 and 22, T89NR2E, which is the southwest cor- ner of the S. E. 1/4 of Section 15, T89NR2E, thence west along the section line between sec- tions 15 and 22, T89NR2E, to a point thirty three feet (33') east of the southwest corner to a point 33 feet east of the southwest corner of section 15 T89NR2E thence south thirteen hundred and twenty feet (1320'), thence west thirty three feet (33') to the S.W. corner of the N.W. 1/4 of the N.W. 1/4 of Section 22, T89NR2E, thence south along the west section line of Section 22 to the S.W. corner of Sec- tion 22, T89NR2E, thence south nine hundred and twenty feet (920') along the west section line of Sec- tion 27, T89NR2E, thence east to the N.E. corner of lot 2 of 1 of 1 of the west 1/2 of the N.W. 1/4 of the N.W. 1/4 of Section 27, T89NR2E, thence south to the N.W. corner of Lot 2 of the east 1/2 of the N.W. 1/4 of the N.W. 1/4 of Section 27, T89NR2E, thence east to the west line of M. 248, thence north to the N.W. corner of M.L. 248, thence southeasterly along the north line of M.L. 248 to the N.W. corner of lot 2 of 2 of Bronson Farm addition to the City of Dubuque, thence southeasterly along the north line of said lot 2 of 2 to the south line of Ridgeway ave- nue in Lenox Addition, thence southeasterly along the southerly line of Lenox Addition to the west line of Delhi road, thence south to a point one hundred and ninety (190') feet north of the center line of U. S. Highway No. 20, thence southeasterly along a line parallel to and one hundred and ninety feet (190') north of the center line of U.S. Highway No. 20 to the point of beginning. Section 20. That where ever streets and alleys are referred to in this ordinance, the center lines thereof shall be the boundary line of the precincts. Section 21. The various election precincts hereby established shall be published in the offi- cial newspapers of the City of Dubuque once a week for three (3) consecutive weeks, the last publica- tion to be at least thirty (30) days prior to the next general election. Section 22. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Passed 3/3/52 Published 3/11/52 7 6 CHAPTER III Officers and Employees Ordinance No. 36-52 An Ordinance Creating and Establishing a Pension and Retirement System to be Known and Desig- nated As the Dubuque Water Department Retire- ment System, Providing for Administration Thereof and Describing the Benefits Payable Thereunder. THIS DECLARATION OF TRUST made this 3rd day of November, 1952, by the City of Dubuque, Iowa, acting through its City Council, WITNESSETH: Whereas, the Water Department of Dubuque, Iowa, is an instrumentality owned by the City of Dubuque, Iowa; and, Whereas, it is provided by law and particularly by the provision of Chapter 412, Code of Iowa, 1950 as amended, that the City Council of the City of Dubuque, may establish an annuity retirement sys- tem for the employes of the Water Department of the City•of Dubuque; and, Whereas, the City Council has determined it to be in the public interest and for the best interests of its employes that such a pension and retirement system be established, Now Therefore, the City Council does by this instrument create and establish a pension and re- tirement system to be known and designated as the "Dubuque Water Department Retirement System," which shall be maintained and administered as fol- low s: ARTICLE I - Definitions The following words and phrases when used in this Retirement System, unless the context clearly indicates otherwise, shall have the following re- spective meanings: 1. Employer: The Water Department of the City of Dubuque, Iowa. 2. Employe: A person in the employment of the Employer on or after the effective date who then has been employed by the Employer and who re- ceives regular compensation from the Employer for personal services, and whose duties require substantially full time employment. 3. Service: The last continuous period of em- ployment as an employe by the Employer immedi- ately preceding retirement. A leave of absence granted by the Employer for active duty with the armed forces of the United States, shall not be con- sidered to break continuity of employment and shall be considered as service if the employe re- turned to the employment of the employer within sixty (60) days after the termination of such active duty. A leave of absence granted by the employer for other reasons, shall not be considered to break continuity of employment and shall be considered as service, if the employe returns to the employ- ment of the employer on or prior to the expiration of such leave. 4. Earnings: The amounts before deductions agreed to be paid by the Employer to the employe for personal services during the period of service considered hereunder. Earnings for all service prior to the effective date will be assumed to be equal to the average of the earnings during the period of service within the five (5) years immedi- ately preceding such effective date. Earnings of an employe during a leave of absence granted by the Employer for military service or other reasons will be assumed to be the amount which such em- ploye would have received in the continued service of the Employer for the period of such leave com- puted at the rate of compensation paid for the job classification occupied by such employe during the last calendar month preceding such leave. 5. Annuity: A series of uniform monthly pay- ments payable to a retired employe, the first such payment to be made as of the beginning of the month following the date of retirement, and the last payment to be made as of the beginning of the month in which the death of the retired employe occurs. 6. Actuarial Equivalent:. An actuarial equiva- lent is a benefit of equivalent monetary worth to a specified benefit. The equivalency is based on ac- tuarial computations taking into account probability of survival, discounting of interest, and difference in annuity values due to the difference in retire- ment ages. 7. Effective date: December 1, 1952. ARTICLE II - Contributions 1. Employe Contributions: The Employer shall deduct three per cent (3%) of the earnings of each employe, on or after the effective date and such de- ductions shall constitute the contributions of the employe. The amount of such contributions shall be subject to revision in accordance with the pro- visions for amendment of the system. The Em- ployer shall make the contributions otherwise pay- able under this section by the employe during a leave of absence granted by the Employer to the employe for active duty in the armed forces of the United States and such contributions by the Em- ployer should be credited to the account of the em- ploye and payable to the employe under the subse- quent provisions hereof. 2. Employer Contributions: The Employer shall contribute from the earnings of the utility, in addi- tion to the contribution of the employes, an amount equal to three per cent (3%) of the earnings of the qualified employes, or such amended percentage as may be hereinafter approved by the Employer, to- gether with such funds as may hereinafter be allo- cated to supplement the fund and to amortize the remaining unfunded past service requirement over a period of years following the effective date. 8 ARTICLE III - Retirement The employment of each employe shall be ter- minated upon attainment of age sixty-five (65) un- less by mutual agreement between the Employer and employe, such employe shall continue in em- ployment; but in no event shall any employe who has attained the age of seventy (70) be in the em- ployment after December 1, 1954. An employe shall be considered retired and entitled to an an- nuity upon the happening of any one of the follow- ing: (1) If employment is terminated after attainment of age sixty-five (65) and after twenty (20) years of service; (2) 1f employment is terminated by the Employer after attainment of age fifty-five (55) and af- ter twenty (20) years of service; (3) 1f employment is terminated by the Employer for total and permanent disability of the em- ploye after ten (10) years of service; or (4) If employment of employe in service as of effective date is terminated after attainment of age sixty-five (65) and after ten (10) years of service or more. ARTICLE IV - Retirement Annuities An employe retired on or after attainment of age sixty-five (65) shall be entitled to an annual Annuity, payable in equal monthly payments, equal to the sum of the following: (1) One per cent (1%) of earnings during each year of service after the effective date; plus (2) Six -tenths of one per cent (.6) of earnings during the first five (5) years of service prior to the effective date; plus (3) Three -tenths of one per cent (.3) of earnings during each year of service prior to the ef- fective date, excluding the first five years provided for in item two (2), providing such employe continues in service one (1) or more years after the effective date. Any employe retired prior to age sixty-five (65) shall be entitled to an annuity beginning upon attain- ment of age sixty-five (65); the amount thereof to be determined as for retirement at age sixty-five (65), but considering only earnings and service prior to actual retirement. Such an employe, or if mentally incompetent, his guardian under order of court, may elect to receive an annuity to begin on the day following actual retirement or upon any later date prior to age sixty-five (65), equal to the actuarial equivalent of the annuity otherwise pay- able. Any annuity of less than Ten Dollars ($10) per quarter shall be paid in a single lump sum actu- arial equivalent. ARTICLE V - Death Benefits Upon the death of an employe prior to termina- tion of employmentor upon the death of a retired employe prior to receiving annuity payments equal to the sum of all his employe contributions with earned interest, the Employer shall pay a death benefit equal to the sum of all employe contribu- tions with earned interest less the sum of all an- nuity payments paid under the provisions of this retirement system, if any. Such death benefit shall be paid to the beneficiary or beneficiaries designated in the last written instructions filed by the employe with the Employer or in the event no such beneficiary shall survive the employe, such benefits shall be paid first to the widow of such employe, if any shall survive him, and in the event no widow nor designated beneficiary shall survive such employe, then such benefits shall be paid to the estate of such employe. Such benefits shall be payable only upon proper proof having been pre- sented to the Employer in accordance with such regulations as the Employer may establish from time to time. ARTICLE VI - Separation Benefits Any employe upon termination of employment prior to death or retirement shall be entitled to a separation benefit equal to the sum of all contribu- tions made by the employe to this Retirement Sys - tern with earned interest. Any rights of an em- ploye under this Retirement System shall cease upon payment of a separation benefit. ARTICLE VII - Limitation of Benefits Nothing contained in this Declaration of Trust shall be construed as contract of employment be- tween the Employer and any employe, or as creat- ing a right in any employe to be continued in the employment of the Employer or as a limitation on the right of the Employer to discharge any employe with or without cause. ARTICLE VIII - Trust Estate All contributions together with the investments thereof and the income thereon, shall be held, in- vested and used for the exclusive benefit of this Retirement. System. ARTICLE IX - Administration of Trust Estate The Trust Estate, which shall consist of all contributions, together with investments thereof, and the income thereon, shall be administered by the Employer. In such administration the Employ- er may use one or more of the following methods: (1) Such Trust Estate shall be administered by a Pension Board composed of five (5) mem- bers, consisting of the City Manager, City Treasurer, and City Solicitor of the City of Dubuque, Iowa, ex-officio and two (2) em- ployes selected by a majority of the em- ployes by bi-annual election to service for two (2) year terms, or (2) The Employer may contract with any legal reserve insurance company authorized to do business in the State of Iowa and to enter in- to contracts of the character required for either individual or group policies as will in the Employer's judgment accomplish the purposes of the Retirement System, and may use the funds in the Trust Estate therefor. In the event the Pension Board shall as Trustee administer any or all of the Trust Estate, they shall do so subject to such rules and regulations as the City Council from time to time shall adopt and shall exercise all other rights and powers or- dinarily conferred upon Trustees administering Trust Estates under the laws of Iowa. 9 As Trustee, the Pension Board shall have pow- er to invest, reinvest, sell and exchange the trust funds, securities and property. In doing so, the Pension Board shall exercise that judgment and care under the circumstances then prevailing which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent investment of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of the fore- going standard, the Pension Board shall not be limited to the acquisition and retention of any par- ticular security or property. Payments from the Trust Estate may be made for annuities, benefits and costs of administration, only upon certificate of the Pension Board that the same are due and payable. In the event the Employer elects to contract for insurance, either individual policies for the benefit of individual employes or group policies for the benefit of all or a part of the employes, such contract or contracts of insurance shall pro- vide for payment to the benefits and annuities to the employe or employes insured as provided in this Retirement System, but the insurance com- pany or companies which shall issue the policies shall have no other obligations than those ex- pressed in the policies and shall have no obliga- tion to inquire whether the requirements of the Trust have been met and no obligation as to the application of funds. No insurance company shall be deemed a party to or a beneficiary of the Trust. ARTICLE X - Liabilities of Trustees All payments of benefits as provided in this Trust shall be made solely out of the assets in the Trust and. the Employer shall not be liable for any act or failure to act not amounting to a breach of good faith. ARTICLE XI - State or Federal Benefits Nothing in this Retirement System shall pre- vent any employe from receiving benefits from any pension, annuity or retirement system heretofore or hereafter adopted by the State or Federal gov- ernment. The Employer may, but shall not be required to, take such action as in the exercise of its sole discretion it may determine necessary to secure the benefits of any such State or Federal System for the employes or their dependents. ARTICLE XII - Amendment The City Council may amend this Declaration from time to time and in all respects provided only that no such amendment shall permit any part of the Trust Estate to be used for or diverted to any other purpose than for the exclusive benefit of this Retirement System. ARTICLE XIII - Termination The Employer reserves the right to terminate this Retirement System at any time. In the event the Trust Estate is being administered by the Pen- sion Board as Trustee, then upon such termination 10 the assets are to be liquidated by distributing to each employe or retired employe an amount equal to the death benefit which would have been payable if death occurred on the date of termination, plus such additional amount as can be provided by the remaining assets to make the total payable to each employe or retired employe in proportion to the actuarial equivalent of the annuity payable upon re- tirement at age sixty-five (65) based on earnings and service to the date of termination. In the event the annuities and benefits for any employe or retired employe are insured under a contract of insurance, upon termination such em- ploye shall be entitled to receive the paid up bene- fits purchased for him prior to such termination by both his contributions and those of the Employer in his behalf. ARTICLE XIV - Miscellaneous Provisions 1. Construction: In the event a dispute shall arise over the proper construction to be given the meaning of any part of this Declaration the deci- sion of the Pension Board shall be final and bind- ing upon all parties. 2. Assignments: Annuities and benefits pro- vided in this Retirement System shall not be sub- ject to assignment, pledge, sale, garnishment or attachment any such assignment, pledge, sale, garnishment or attachment shall be null and void and the Pension Board as Trustee and any insur- ance company or companies which may insure pay- ment of any such annuities and benefits shall not be required to recognize any such assignment, pledge, sale, garnishment or attachment. 3. Rules and Regulations: The City Council may from time to time adopt rules and regulations for the proper administration of this Retirement System. 4. Records: The Employer shall maintain a separate set of records for this Retirement Sys- tem which shall include contribution accounts, minutes of meetings and such other pertinent rec- ords as the Employer may determine necessary. ARTICLE XV - Effective Date This ordinance shall be in full force and effect on December 1, 1952 after its passage, adoption and publication as provided by law. Adopted 11/3/52 Published 11/11/52 ORDINANCE NO. 36-52 REPEALED by Ordinance No. 37-52 Ordinance No. 37-52 An Ordinance Repealing Ordinance No. 36-52 Be it Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 36-52 is hereby repealed and declared to be void and of no effect. Passed 11/28/52 Published 11/30/52 CHAPTER IV Public Works No New Ordinances 1I CHAPTER V Parks and Playgrounds No New Ordinances CHAPTER V I Streets and Sidewalks ORDINANCE NO. 171 REPEALED by Ordinance No. 45-51 Ordinance No. 45-51 An Ordinance Prohibiting Excavations in Streets or Other Public Places Without a Permit; Provid- ing For the Issuance of Permits and Making a Charge Therefor and Providing a Penalty for a Violation Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. No person, firm or corporation shall make or cause to be made any excavation in any public street, avenue, alley or other public place in the City of Dubuque or dig up, cut into, or re- move any public sidewalk, curb or pavement with- out first obtaining a permit from the City Man- ager as hereinafter provided. Section Z. Before any such permit shall be issued, an application therefor shall be filed with the City Manager by the person desiring to do the work which application shall state the place, amount and purpose of the contemplated work, the time when the work is to be started and the estimated time required for completion thereof, together with such other information as the Manager may reason- ably require to determine whether the permit would be granted. Each application shall contain an agree- ment signed by the applicant, in which the applicant agrees'to perform the work, including all digging, tunnelling, backfilling and restoration of the surface in a good and workmanlike mariner and in accordance with specifications established by the City Manager. Section 3. Such application shall contain an agreement by the applicant to compensate the City for the cost of restoring the pavement surface de- termined as hereinafter provided. Section 4. When the permittee has completed the excavation, including backfilling and restora- tion, to the approval of the City Manager, the pav- ing surface shall then be restored by the City Street Department as soon as practicable at per- mittee's cost. The cost of the restoration of the pavement surface shall be determined by the City Manager and shall include field labor, supervision, materials, use of equipment, and inspection. The City Manager may, at his discretion, make an ad- ditional charge equal to 2% of the basic charge multiplied by the difference between.36 and the number of months the pavement has been laid. Section 5. At the time the application is filed the applicant shall deposit with the City Treasurer a sum equal to the charge for restoring the pavement surface as estimated by the City Manager which sum shall be retained by the City to apply against the charge for restoring the surface hereinabove re- ferred to and credited to the Street Fund. In the event the amount of the deposit proves to be in ex- cess of the charge the difference shall be refunded to the permit holder. Section 6. Any work done under a permit provid- ed for in this ordinance shall be performed in such a manner as to cause the least possible interference with the movement of traffic. On main thorough- fares there shall be at all times sufficient traffic lanes open to permit a substantially normal traffic flow. Unless this can be accomplished the work shall be confined to the hours between 9 a.m. and 4 p.m. or between midnight and 7 a.m. In the event the work is of emergency nature the City Manager may authorize work during other hours but shall assign police to direct traffic. Section 7. Permits shall be executed in duplicate and shall show the work for which the same has been granted, the name of the person, firm or cor- poration to which the same is issued, the location of the premises, the purpose of the excavation and the time within which the work shall be commenced and completed. The work shall be started within one week from the date of the issuance of the permit. Section 8. No permit shall be granted to any per- son, firm, or corporation who shall not have first been authorized by the City Council to do excavating within the limits of the City and shall have deposited a policy of liability insurance satisfactory to the City Council insuring the City against any liability arising out of the work during the period the same is being carried on or within 2 years thereafter. Section 9. Any work done under a permit as pro- vided for in this ordinance shall be done expedi- tiously and in a good and workmanlike manner under the direction and supervision of the City Manager. Section 10. Any person, firm or corporation vio- lating the provisions of this ordinance shall upon conviction thereof be punished by a fine of not more than $ 100.00 or, in default thereof, imprisoned for not more than thirty days. Section 11. Any person, firm or corporation who shall fail to comply with the terms and conditions of the permit herein authorized or shall violate the terms of this ordinance shall not hereafter be granted another such permit without the prior ap- proval of the City Council. Section 12. The City Manager is hereby author- ized to delegate any of the powers conferred on him by this ordinance to either the City Engineer or the City Plumbing Inspector. Section 13. The provisions of this ordinance shall not apply to City Departments or to persons performing work under a contract with the City but any such contract shall require a substantial com- pliance with the provisions of this ordinance. Section 14. Ordinance No.171 adopted February 1, 1926 is hereby repealed. Adopted 9/25/51 Published 9/28/51 12 13 ORDINANCE NO. 53 REPEALED by Ordinance No. 51-51 Ordinance No. 51-51 An Ordinance Providing for Removal of Snow, Ice and Slush From Sidewalks; Repealing Ordi- nance No.53 and Providing a Penalty for a Violation Hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. The owner of any lot or parcel there- of abutting upon any sidewalk on the City streets in the City of Dubuque, shall promptly remove, or cause to be removed, accumulations of snow, ice or slush from such sidewalks. Section 2. In the event such accumulations are permitted to remain on such sidewalks for more than a reasonable length of time, then the City Man- ager, when he deems necessary in the interests of public safety, shall cause the same to be removed and the cost of such removal shall be assessed against the abutting property in the manner set out in Section 3. Section 3. When the City Manager has caused accumulations of snow, ice or slush to be removed from any sidewalk in accordance with the provisions o.f this Ordinance, he shall promptly ascertain the actual cost thereof, including the cost of supervi- sion, inspection and accounting, and shall certify such actual cost to the City Clerk who, in turn, shall promptly certify said cost to the County Audi- tor and it shall then be collected with arf. n the same manner as general property taxes in <.ccord- ance with the provisions of Chapter 151 of the Acts of the 54th General Assembly of Iowa. Section 4. Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon convic- tion thereof, shall be fined not to exceed one hun- dred dollars ($100). Section 5. Ordinance No.53 entitled "An Ordi- nance providing for the cleaning of sidewalks" is hereby repealed. Adopted November 13, 1951. Published November 19, 1951. Ordinance No. 9-52 An Ordinance Changing the Names of Streets and Avenues Within the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the following changes in the names of Streets and Avenues within the City of Dubuque be and the same are hereby changed, the changes to become effective from and after the passage and publication of this Ordinance as re- quired by law. The names of Streets and Avenues shall be changed to read as follows: Austin street from Cooper street to Maiden Lane shall be called Raymond Place. Fremont avenue from Grandview avenue to Lombard street shall be called Dodge street. U. S. Highway No. 20 from Lombard street to the new city limits shall be called Dodge street. Delhi street from the old city limits to the new city limits shall be called University avenue. Hales Mill road from the intersection of Asbury street and Rosedale avenue to the new City Limits shall be called Asbury street. Carter road from the present City. Limits at Kaufmann avenues west to the west line of Lewis subdivision shall be called Kaufmann avenue. Austin avenue in Lenox addition shall be called Nebraska avenue. Prescott avenue in Lenox addition shall be called Missouri avenue. Emerson avenue in Lenox addition shall be called Wisconsin avenue. Iowa avenue in Lenox addition shall be called Ohio avenue. Wilson street in Wilson Dubuque addition shall be called Montana street, and designating the unnamed street at the old city limits line from Green street to Fairview Drive as Bunker Hill street. Section 2. That upon final passage a copy there- of shall be certified and filed with the County Re- corder and County Auditor of Dubuque County, Iowa, and be entered of record in the Recorder's office in accordance with the law. Section 3. This Ordinance shall be in force and effect from and after its final passage by the City Council and publication as provided by law. Adopted 3/3/52 Published 3/10/52 Ordinance No. 33-52 An Ordinance Changing the Name of Hazel Street in the City of Dubuque to Sunnyview Drive Be it Ordained by the City Council of the City of Dubuque: Section 1. That the name of Hazel street in the City of Dubuque is hereby changed to Sunnyview Drive and that said street shall be known hereafter as Sunnyview Drive. Section 2. That the City Clerk is hereby au- thorized and directed to file a certified copy of this Ordinance with the County Recorder of Dubuque County, Iowa. Adopted 9/16/52 Published 9/19/52 Ordinance No. 20-52 An Ordinance Designating the Alley Lying between St. Ambrose Street and Bunker Hill Street and Abutting the North Boundary of Finley Addition as a Street to be Known as Fairway Drive and Widening the Same, and Subdividing Lot 2 of 1 of Mineral Lot 265 to Provide for the Such Widen- ing. Whereas the City Engineer has submitted a plat showing a proposed widening of the alley abutting the north boundary of Finley addition between Bun- ker Hill street and St. Ambrose street by subdivid- ing Lot 2 of 1 of Mineral Lot 265 to provide an ad- ditional 10' strip on the north side thereof and by including the north 15' of Lots 75 to 83 inclusive of Finley addition on the south side thereof; and Whereas the City Council is of the opinion said plat should be approved; Now Therefore Be it Ordained by the City Council of the City of Dubuque: 1. That said plat is hereby approved and the Mayor and City Clerk authorized to endorse said approval thereon. 2. That hereafter said alley shall be designated a street 50' in width and shall hereafter be known as Fairway Drive. 3. That the City Clerk is hereby authorized and directed to file a certified copy of this Ordinance with the County Recorder of Dubuque County, Iowa. Adopted 5/14/52 Published 5/19/52 14 15 CHAPTER VII Public Market ORDINANCE NO. 36 REPEALED by Ordinance No. 23-52 ORDINANCE NO. 154 REPEALED by Ordinance No. 23-52 ORDINANCE NO. 24-42 REPEALED by Ordinance No. 2 3- 52 Ordinance No. 23-52 An Ordinance Establishing a Central Market; Regu- lating the Display and Sale of Merchandise Thereon; Regulating the Street and Sidewalk Display of Food Elsewhere in the City of Dubuque; Providing a Penalty for the Violation Hereof; and Repealing Ordinance Nos. 36, 154, and 24-42. Be it Ordained by the City Council of the City of Dubuque: Section 1. That part of the property of the City adjacent to the City Hall, together with such part of the streets, and sidewalks located in the area bounded by Eleventh street, Thirteenth. street, White street and Iowa street, as may be necessary, shall constitute and be known as the Central Mar- ket. Section 2. That the City Manager is hereby au- thorized and directed to establish spaces for stalls in the Central Market and issue permits for the use of the same. The annual fee for such permits shall be Fifteen Dollars ($15) per space which fee shall be charged and collected at the time of issu- ance of the permit and paid over to the City Treas- urer; Section 3. That it shall be the duty of the City Manager to keep the streets and sidewalks in the Central Market open ai+id free for travel; 16 Section 4. That no person, firm or corporation shall display, offer for sale, or sell any merchan- dise on the streets and sidewalks of the Central Market except poultry, vegetables, flowers, eggs, butter and fruits, raised or produced by the vendor and displayed at a stall for which a permit has been issued under the provisions of Paragraph 2 hereof; Section 5. That no person, firm or corporation shall make any sidewalk or street display of food upon any of the streets of sidewalks of the City of Dubuque except in the Central Market at stalls es- tablished by the City Manager under the provisions of Paragraph 2 hereof. Section 6. That all food or food products offered for sale on the Central Market shall be subject to inspection by the Health Officer or his deputy. If any such food is found to be unfit for human con- sumption, such officer shall confiscate and destroy the same and the person offering for sale or sell- ing such food shall be guilty of a misdeameanor. If any person, firm or corporation holding a per- mit for a stall in the Central Market shall operate the same in a manner contrary to law, or display his wares in an unsanitary manner his permit shall be revoked. Section 7. That Ordinance No. 36, Ordinance No. 154 and Ordinance No. 24-42 are hereby re- pealed. ., Section 8. Any person, firm or corporation who violates any of the provisions of this Ordinance shall, upon conviction thereof, be fined not to ex- ceed One Hundred Dollars ($100) and in default of such fine shall be imprisoned for a period not to exceed thirty (30) days. Adopted 6/2/52 Published 6/6/52 CHAPTER VIII Public Health ORDINANCE NO. 7-41 AMENDED by Ordinance No. 15-52 Ordinance No. 15-52 An Ordinance Amending Ordinance No. 7-41 as Amended by Repealing Sections 8, 10, 11, and 12 Thereof and Enacting New Sections in Lieu Thereof to Eliminate Authorization of the Sale of Raw Milk in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Section 8 of Ordinance No. 7-41, as amended, be and the same is hereby repealed and the following enacted in lieu thereof: "Section 8. GRADES OF MILK AND MILK PRODUCTS WHICH MAY BE SOLD. No milk or milk products shall be sold to the final consum- er or to restaurants, soda fountains, grocery stores, or similar establishments except Grade A Pasteurized and Certified; provided, that when any milk distributor fails to qualify for one of the above grades the health officer is authorized to revoke his permit, or in lieu thereof to degrade his product and permit its sale during a temporary period not exceeding 30 days or in emergencies such longer period as he may deem necessary." Section 2. That Section 10 of Ordinance No. 7-41 as amended be and the same is hereby re- pealed and the following enacted in lieu thereof: "Section 10. TRANSFERRING OR DIPPING MILK; DELIVERY CONTAINERS; HANDLING OF MORE THAN ONE GRADE; DELIVERY OF MILK AT QUARANTINED RESIDENCES. Except as per- mitted in this section, no milk producer or dis- tributor shall transfer milk or milk products from one container to another on the street, or in any vehicle or store, or in any place except a bottling or milk room especially used for that purpose. The sale of dip milk is hereby prohibited. All pasteurized milk and milk products shall be placed in their final delivery containers in the plant in which they are pasteurized. Milk and milk products sold in the distributor's containers in quantities less than one gallon shall be delivered in standard milk bottles or in single -service con- tainers approved by State Health authorities, It shall be unlawful for hotels, soda fountains, res- taurants, groceries, and similar establishments to sell or serve any milk or milk product except in the original container in which it .was received from the distributor or from a bulk container equipped with an approved dispensing device; pro- vided, that this requirement shall not apply to cream consumed on the premises, which may be served from the original bottle or from a dispens- er approved for such service. It shall be unlawful for any hotel, soda fountain, restaurant, grocery, or similar establishment to sell or serve any milk or milk products which have not been maintained, while in its possession, at a temperature of 50 degrees F. or less. No milk or milk products shall be permitted to come in contact with equipment with which a lower grade of milk or milk products has been in contact unless such equipment has been first thoroughly cleaned and subjected to bactericidal treatment. Bottled milk or milk products, if stored in water, shall be so stored that the tops of the bot- tles will not be submerged. It shall be the duty of all persons to whom milk or milk products are delivered to clean thoroughly the containers in which such milk or milk products are delivered before returning such containers. Apparatus, containers, equipment, and utensils used in the handling, storage, processing, or trans- porting of milk or milk products shall not be used for any other purpose without the permission of the health officer. The delivery of milk or milk products to, the collection of milk or milk products containers from, residences in which cases of communicable disease transmissible through milk supplies exist, shall be subject to the special requirements of the health officer." Section 3. That Section. 11 of Ordinance No. 7-41, as amended be and the same is hereby re- pealed and the following enacted in lieu thereof: "Section 11. MILK AND MILK PRODUCTS FROM POINTS BEYOND THE LIMITS OF ROU- TINE INSPECTION. Milk arid milk products from points beyond the limits of routine inspection of the City of Dubuque may not be sold in the City of Dubuque, unless produced and pasteurized under provisions equivalent to the requirements of this Ordinance; provided, that the health officer shall satisfy himself that the health officer having juris- diction over the productions and processing is properly enforcing such provisions." Section 4. That Section 12 of Ordinance No. 7-41, as amended be and the same is hereby re- pealed and the following enacted in lieu thereof: "Section 12. FUTURE DAIRIES AND MILK PLANTS. All dairies and milk plants from which milk or milk products are supplied to the City of Dubuque which are hereafter constructed recon- structed, or extensively altered shall conform in their construction to the requirements of this Or- dinance for Grade A dairy farms, or for Grade A pasteurization plants, respectively; provided, that the requirement of a two -room milk house shall be waived in the case of dairies the milk from which is to be pasteurized. Properly prepared plans for all dairies and milk plants which are hereafter constructed, reconstructed or extensively altered shall be submitted to the health officer for approv- al before work is begun. In the case of milk plants signed approval shall be obtained from the health officer or State Department of Health." 17 Section 5. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Adopted 4/7/52 Published 4/14/52 Ordinance No. 17-52 An Ordinance Authorizing the City Manager to Prohibit Unauthorized Persons or Vehicles from Entering Flooded Areas; Prohibiting Oc- cupancy of Dwellings Within Such Areas; Pro- viding a Penalty for Violation Hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. Whenever the City Manager shall de- termine that any area of the City of Dubuque has been or is in imminent danger of being inundated by the flood waters of the Mississippi River, he may designate the same a "Flood Area" and erect suitable barricades and signs giving notice thereof: Section 2. After signs have been erected giv- ing notice thereof, no person or vehicles shall en- ter said flood area without first having been au- thorized to do so by the City Manager; Section 3. The City Manager is hereby em- powered to issue special permits to any persons or vehicles whose presence in such flood areas is demanded by the public interest, which permits shall not be transferable and shall be displayed in a prominent manner while in such area; Section 4. Whenever the imminent danger of flood waters shall make any habitation or dwelling dangerous to health and unsuitable for humanhabi- tation, the occupants thereof, upon demand of the City Manager or his properly authorized represen- tative, shall vacate said dwelling and remove there- 18 from and shall not return thereto until the City Manager shall have determined such danger no longer exists; Section 5. Any person, firm or corporation vio- lating any of the terms or conditions of this Ordi- nance shall be guilty of a misdemeanor and pun- ished by a fine of not more than One Hundred Dol- lars ($100) or imprisoned in the County jail for not more than thirty (30) days. Section 6. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Adopted 4/15/52 Published 4/18/52 ERRATA Ordinance No. 147 Section 2 should read "The occupant of every building, premises, apartment or place where gar- bage does or may exist, shall provide himself with a garbage can made of substantial galvanized iron or other non -rusting metal in which he shall depos- it all garbage existing at the place occupied by him. Such can shall be water tight. They shall be of a size that can be conveniently handled by the gar- bage collector, not smaller than will contain one week's garbage for the respective family, not to exceed in holding capacity more than 15 gallons, and shall be kept and located as prescribed by the Health Department. No garbage can shall be placed, kept or left on any street, alley or public way for any purpose whatsoever. In buildings or apartments of more than one story in height, all garbage cans shall be placed at the street level for collection. All garbage cans shall be kept rea- sonably clean." As amended by Ordinance No. 30- 49 adopted 8/29/49 and published 9/1/49. CHAPTER IX Animals ORDINANCE NO. 78 SEC. 64 REPEALED by Ordinance No. 2-52 Ordinance No. 2-52 An Ordinance Regulating the Keeping of Dogs in the City of Dubuque, Iowa; Providing for the Observation Under Confinement of Biting Dogs, and Special Provision for the Control of Rabies, Prescribing Penalties for Violation; and Amend- ing Ordinance No. 4-33. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. Definitions. The following definitions shall apply in the interpretation and enforcement of this Ordinance: (a) "Dog" includes all domesticated members of the canisfamilaris, male or female, whether al- tered or not; (b) "Owner" includes any person, firm or cor- poration owning, harboring, sheltering or keeping a dog; (c) "Kennel dogs" are dogs kept or raised solely for the bona fide purposes of safe and which are kept under constant restraint; (d) "At large" includes any dog off the premises of its owner or upon the public streets, alleys, public grounds, or parks within the City of Dubuque. A dog shall not be deemed at large if: 1. It is attached to a leash of sufficient strength to restrain the dog and not more than ten (10) feet in length, where said leash is held by a person competent to govern the dog; or 2. When properly restrained within a motor vehicle or housed in an animal hospital approved by City Health Officer. Section 2. License fee payable by: (a) The City Manager shall issue dog licenses upon due application and payment of the fee pro- vided hereinafter. The licensee, upon procurement of thelicense, shall securely attach the license tag to a collar or harness, and this collar or harness with the license tag attached shall at all times be kept on the. dog for which the license is issued. Any dog found at large without a collar or harness to which a license tag is attached shall be deemed unlicensed and shall be impounded; (b) The head of the family shall be liable for payment of the license fee on any dog owned, har- bored or kept by any member of the family; (c) It shall be unlawful for any owner to own, possess or harbor a dog, except kennel dogs, in the City of Dubuque without having obtained a license therefor in compliance with the provisions herein- after set forth, except that a license shall not be required for dogs under the age of three (3) months which are confined to the owners' premises; (d) The individual license fee shall be $1.00 for male or spayed female dogs and $3.00 for female per calendar year or fraction thereof. The owner shall file application for license with the City Man- ager. This application shall give the name and ad- dress of owner, breed, sex and description of dog. (e) The license must be secured by April 1st each year, or at the time a dog has reached the age of three (3) months after said date. In the event of a change in ownership the license holder shall notify the City Manager of such change„ Section 3. Harboring Vicious Dog: It shall be unlawful for any person to harbor or keep a vicious dog within the City of Dubuque. A dog is deemed to be vicious when it shallhave at- tacked or bitten any person (without provocation), or when propensity to attack or bite persons shall exist and is known or ought reasonably to be known to the owner. Section 4. Impounding: Repossession or Dis- posal: (a) Any dog found at large as previously defined without a proper license from the City of Dubuque shall be subject to seizure and impoundment in the place provided by the City. (b) The possession of any unlicensed dog so seized or impounded may be obtained by the owner upon obtaining a license and paying the sum of Two Dollars ($2) plus the current daily fee for keeping such dog for each day or fraction thereof during which the said dog has been impounded and upon proper identification of said dog. (c) Any dog not claimed by the owner within three (3) days may be disposed of as prescribed by the Health Officer. Section 5. Dogs Disturbing the Peace. (a) It shall be unlawful for any person to own, keep, have in his possession or harbor any dog which by frequent and habitual howling, yelping, barking or otherwise, shall cause a serious annoy- ance or disturbance to persons or to the neighbor- hood. (b) It shall be unlawful for any person, firm, or corporation keeping, owning or sheltering a dog to allow or permit such animal to pass upon the prem- ises of another causing damage or annoyance or otherwise interfering with the premises. (c) No person shall be convicted under the pro- visions of this section except upon complaint of two or more persons of different households. Section 6. Female Dogs in Season. It shall be unlawful for any owner to allow his female dog that is in season to run at large or to so confine her as to attract male dogs to the area and by their presence cause a nuisance. Any per- son violating the provisions of this section shall be punished as provided in this Ordinance and the dog shall be subject to seizure and impoundment at the expense of the owner, during the remainder of the heat period. 19 Section 7. Rabies. (a) The owner of any dog which has contracted rabies, or which has been subject to same or which is suspected of having rabies, or which shall have bitten any person, shall, upon demand of the Chief of Police or Health Officer, produce and sur- render up such dog to be held in quarantine for ob- servation for a period determined by the City Health Officer at the expense of the owner of said dog. (b) At the discretion of the Health Officer it may be permissible for the owner to properly confine his dog instead of having it impounded. The term "properly confined" shall be construed to include: (1) Chaining at home or penning at home if the dog be so protected as to prevent intimate ap- proach of any other animal or person by a metal or wood barrier of sufficient size, height and con- struction as to absolutely prevent the ingress or egress of person or animal; (2) Confinement in an animal hospital under the supervision of a registered veterinarian. (c) If, upon examination by a veterinarian, any dog shall prove to be infected with rabies, such dog shall be disposed of as directed by the Health Officer. It shall be the duty of said veterinarian to notify the City Health Officer of any positive rabies case found within twenty-four (24) hours. (d) Any animal bitten or attacked by any known rabid animal, shall be quarantined under supervi- sion of the City Health Officer by being confined, as provided above, for a period of not less than ninety (90) days. (e) Any person who shall knowingly harbor or keep any dog infected with rabies, or any dog known to have been bitten by a rabid dog, or who shall fail to report to the police or health officer the existence of a dop which he knows to be so in- fected, or who shall fail to produce and surrender up any dog pursuant to subjection (a) hereof, shall be punished as provided in this ordinance. (f) Any person finding a dead dog shall at once notify the police department. 20 Section 8. Control of Rabies Outbreak. When the Mayor, pursuant to Resolution of the City Council, shall declare an emergency due to rabies: (a) It shall be unlawful for the owner of any dog to permit or suffer such dog to be at large. Any dog found at large shall be deemed to be so with the permission or at the sufferance of its owner. (b) It shall be unlawful for any person except the owner of a dog, or his agent, to open any door or gate of any private premises, or to otherwise entice or enable any dog to leave any private prem- ises for the purpose or with the result of setting such dog at large. (c) Any dog, found at large shall be impounded by the police department whether licensed or not. Section 9. Violation of Provisions. Any person violating any of the provisions of this Ordinance shall, upon conviction, be fined a sum not exceeding One Hundred Dollars ($ 100) and costs, and in default of payment be committed to the City or County jail until such fine and costs are paid not exceeding thirty (30) days or a jail sentence may be imposed not exceeding the said thirty (30) days. Section 10. Repeal and Date of Effect. That part of Ordinance No. 4-33 relating to dogs and Section 64 of Ordinance No. 78, and all ordi- nances and parts of ordinances in conflict with this ordinance are hereby repealed; and this Ordinance shall be in full force and effect immediately upon its adoption and publication as provided by law. Section 11. Unconstitutionality Clause. Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconsti- tutional or invalid for any reason, the remainder of said Ordinance shall not be affected thereby. Adopted 1/7/52 Published 1/14/52 CHAPTER X Regulating Certain Businesses ORDINANCE NO. 4-33 AMENDED by Ordinance No. 2-52 supra. CHAPTER IX Ordinance No. 31-52 An Ordinance Regulating Service Stations and Re- quiring a Permit for the Operation Thereof; Regulating Tank Vehicles Carrying Flammable Liquids within the City of Dubuque; and Provid- ing a Penalty for the Violation Hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. This Ordinance shall apply to all service stations and tank vehicles handling flam- mable liquids as hereinafter defined, within the City of Dubuque, Iowa, except that it shall not ap- ply to transportation when in conformity with Inter- state Commerce Commission regulations or regu- lations lawfully on file with and approved by the Interstate Commerce Commission. DEFINITIONS Section 2. For the purposes of this Ordinance the following words and terms shall have the mean- ings ascribed to such words in this section: 2.01 - "Service Station' shall mean that portion of a property where flammable liquids used as motor fuels are stored and dispensed from fixed equipment into fuel tanks of motor vehicles or floating craft. 2.02 - "Bulk Plant" shall mean that portion of a property where flammable liquids are received by tank vessel, pipe lines, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vehicle, pipe line, tank car, tank vehicle or container. 2.03 - "Chief" shall mean the Chief of the Fire Department and shall include any officer, member or inspector deputized for the purposes of this Or- dinance by the Chief. 2.04 - "Closed container" shall mean a con- tainer so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures. 2.05 - "Flammable liquid" shall mean any liquid having a flash point below 200' F and having a va- por pressure not exceeding 40 pounds per square inch (absolute). Flammable liquids shall be divided into three classesas follows: Class I shall include those having flash points at or below 20 ° F; Class II shall include those having flash points above 20 ° F, but at or below 70 ° F; Class III shall include those having flash points above 70° F. 2.06 - "Safety can" shall mean an approved con- tainer of not over five gallons capacity having a spring closing lid and spout cover. 2.07 - "Person" as used herein shall include any person, firm, corporation, partnership or as- sociation. 2.08 - "Tank truck" shall mean any single self- propelled motor vehicle equipped with a cargo tank mounted thereon, and used for the transportation of flammable liquids. 2.09 - "Tank Full Trailer" shall mean any ve- hicle, without motive power, equipped with a cargo tank mounted thereon or built as an integral part thereof and used for the transportation of flamma- ble liquids, and so constructed that, when drawn by a truck or tractor, no part of its weight rests upon the towing vehicle. 2.10 - "Tank Semi -trailer" shall mean any ve- hicle, without motive power, equipped with a cargo tank mounted thereon or built as an integral part thereof, and used for the transportation of flamma- ble liquids, and so constructed that, when drawn by a tractor by means of a fifth wheel connection, some part of its load and weight rests upon the towing vehicle. 2.11 - "Tank vehicle" shall mean any tank truck, tank full trailer, or tank semi -trailer. 2.12 - "Cargo tank" shall mean any container having a liquid capacity in excess of 200 gallons, used for the carrying of flammable liquids, and mounted permanently or otherwise upon a tank vehicle. The term "cargo tank" does not apply to any container used solely for the purpose of sup- plying fuel for the propulsion of the tank vehicle upon which it is mounted. SERVICE STATIONS Section 3. No person shall engage in the opera- tion of any service station within the City of Dubuque without first obtaining a permit therefor in compliance with the provisions of this Ordinance. Section 4. Applicants for a service station per- mit shall file with the City Manager an application showing: (a) The name and address of the applicant; (b) The location of the service station; (c) The name and address of the owner of the premises on which the service station is located; (d) The name and address of the operator of the service station; (e) The amount of Class I flammable liquid storage provided in such service station. Section 5. If, after an investigation by the Chief, the City Manager shall be reasonably satisfied that the premises are constructed and will be operated in conformity with good safety standards, he shall issue a permit to the applicant for the operation of a service station, which permit shall be in full force and effect until the first day of Jury following 21 the issuance thereof. Compliance with the require- ments of NFPA Bulletin No. 30-L (1951 Ed.), three copies of which shall be kept on file in the office of the City Manager for public inspection, shall be prima facie evidence of good safety standards. Section 6. Any person aggrieved by the refusal of the City Manager to issue the permit hereinabove provided for may appeal to the City Council within ten days after receipt of notice of such refusal by filing written notice of such appeal with the City Clerk. Upon hearing such appeal the City Council may affirm, modify, or revoke the action of the City Manager. Section 7. Service stations shall not be located at a bulk plant unless separated by a fence or similar barrier from the area in which bulk opera- tions are conducted. Section 8. All pumps and lighting apparatus of any service station shall be of a type approved by the National Board of Underwriters or other na- tionally recognized fire prevention agency for such installation. Section 9. All service stations shall be equipped with at least one fifteen pound dry powder or CO' fire extinguisher, in operating condition, which shall be kept in a location readily available at all times. Section 10. There shall be no smoking on the driveway of service stations in areas used for fuel- ing motor vehicles, dispensing flammable anti- freeze or the receipt of products by tank truck, or in those portions of the building used for servicing automobiles, tractors or internal combustion en- gines. Conspicuous signs prohibiting smoking shall be posted within sight of the customer being served. Letters on such signs shall be not less than 4 inches high. The motors of all vehicles be- ing fueled shall be shut off during the fueling oper- ation. Section 11. Whenever it shall appear to the Chief that any permit holder has violated any of the provisions of this Ordinance, or is creating a haz- ardous condition through the improper handling of flammable liquids, he may mail a written notice to the owner and operator, as shown on the applica- tion, pointing out the condition complained of and directing that the same be remedied. In the event the condition complained of is not remedied within five (5) days from the date of mailing such notice, the City Manager may revoke the permit and no new permit shall thereafter issue until the condi- tion complained of has been corrected. Section 12. In the event any permit holder shall be aggrieved by the decision of the City Manager to revoke his permit under the provisions of the foregoing section, he may appeal to the City Coun- cil within ten (10) days after receipt of such notice of such revocation by filing written notice of such appeal with the City Clerk. Upon hearing such ap- peal the City Council may affirm, modify or revoke the action of the City Manager. TANK VEHICLES Section 13. Tank vehicles shall not be operated unless they are in proper repair, devoid of accumu- lations of grease, oil or other flammables and free of leaks. 22 Section 14. The driver, operator or attendant of any tank vehicle shall not leave the vehicle while it is being filled or discharged. Delivery hose, when attached to a tank vehicle, shall be considered to be a part of the tank vehicle. Section 15. Motors of tank vehicles shall be shut down while unloading Class I flammable liquid and all unloading of Class I flammable liquid into service station underground tanks from tank ve- hicles shall be by gravity flow and not by pumping. Section 16. Any tank vehicle discharging Class I flammable liquid into storage tanks shall employ a sealed filler connection which provides constant electric conducting contact between the filler pipe and the tank vehicle. Section 17. In every cargo tank or compartment of any tank vehicle sufficient space shall be left vacant to prevent leakage or distortion by expan- sion of the contents due to rise in temperatures in transit. No cargo tank or compartment shall be loaded to a volume in excess of 99 1/4% of its capacity. Section 18. No tank vehicle which has, or within the twenty-four hours immediately preceding has hall, a cargo of Class I flammable liquids, shall be left standing unattended on any street, alley, high- way, or other public property, nor on any parking lot held open to the public as a place for parking vehicles, except that such vehicles, when properly parked on any marked highway in the City, may be left standing unattended for a period not exceeding thirty (30) minutes. Section 19. It shall be unlawful for any person to unload any Class I flammable liquid from any tank vehicle between the hours of 10 P.M. and 6 A.M. in any local business district or residence district as established by the Zoning Ordinance of the City of Dubuque. Section 20. No tank vehicle shall discharge or unload, or transfer Class I flammable liquid while any portion thereof is standing on any street, alley or public highway, except in the case of emer- gency. In the event an emergency requires the discharge or unloading of Class I flammable liquid from any tank vehicle on a public street or highway the Chief shall be notified and such operation shall not be commenced until such necessary safeguards as he shall require have been established. Section 21. No tank vehicle having a capacity in excess of 2,000 gallons shall be used to deliver Class I flammable liquid to any service station un- less the available storage capacity of such station for Class I flammable liquid is equal to or greater than the total cargo of such tank vehicle. Section 22. No service station shall conduct its regular business operations while a tank vehicle is discharging Class I flammable liquid on the prem- ises if such tank vehicle is located in a position that will interfere with the unrestricted flow of the normal business traffic of the station. Section 23. Wherever the literal enforcement of the provisions of either Section 15, 16, or 20 of this Ordinance will, in the opinion of the City Manager, work an unnecessary hardship, he may permit such variation from the terms of that section as will not be contrary to the public interest, but under such terms and conditions that the spirit of the Ordinance will be preserved and substantial justice done. Section 24. Any person who shall be found guilty of violating any of the provisions of this Ordinance shall be punished by a fine not exceeding one hun- dred dollars ($100) or by imprisonment not exceed- ing thirty (30) days. Section 25. The City Council hereby declares that should any section, paragraph, sentence, or word of this Ordinance be declared, for any rea- son, to be invalid, it is the intent of said Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid, and the declaring of such portion invalid shall not affect the validity of the remaining portions of this Ordinance. Section 26. This Ordinance shall be in full force and effect ninety (90) days from and after its final adoption and publication as provided by law. Adopted 8/4/52 Published 8/11/52 23 CHAPTER XI Beer Ordinance No New Ordinances 24 CHAPTER XII Nuisances ORDINANCE NO. 25-39 REPEALED by Ordinance No. 59-51 Ordinance No. 59-51 An Ordinance Providing for the Cutting or Des- troying of All Weeds, Vines, Brush or Other Growth Which Constitute a Health, Safety or Fire Hazard; Repealing Ordinance No. Z5-39; and Providing a Penalty for a Violation Hereof. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. It shall be the duty of the owner of any lot or parcel of land within the limits of the City of Dubuque to maintain the same free and clear of any dense growth of weeds, vines, brush or other vegetation that may constitute a health, safety or fire hazard and any such growth is hereby declared a public nuisance. Section Z. Whenever the City Manager shall de- termine that the nature or quantity of weeds, vines, brush or other growth on any lot or parcel of land in the City of Dubuque is such as to constitute a health, safety or fire hazard, he shall mail a written notice to the owner of said lot or parcel of land, or his agent or attorney, notifying the owner of said property to cut or destroy such weeds, vines or other growth and thereafter it shall be the duty of such owner to cut or destroy such weeds, vines or other growth within a reasonable time and in such a manner as to remove such hazard. Section 3. In the event the owner of such lot or parcel of land shall fail to remove such hazard with- in ten (10) days after the mailing of such notice, it shall be the duty of the City Manager to cause said weeds, vines or other growth to be cut and destroyed and to certify the actual cost thereof to the City Clerk who, in turn, shall certify such cost to the County Auditor and it shall then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property, all in accordance with the provisions of Chapter 151 of the Laws of the 54th General Assem- bly of Iowa. Section 4. Ordinance No.25-39 entitled "An Ordi- nance prohibiting weeds and noxious growths upon lots and parcels of land in the City of Dubuque, pro- viding for the destruction of the same and punishing the violation thereof" is hereby repealed. Section 5. Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon convic- tion thereof shall be fined not to exceed One Hun- dred Dollars ($100). Adopted December 3, 1951. Published December 10, 1951. 25 CHAPTER XIII Offenses Against Public Morals No New Ordinances CHAPTER XIV Public Safety Ordinance No. 5-52 An Ordinance Prohibiting Sleighriding on the Pub- lic Streets of the City of Dubuque, Except in Coasting Areas; Providing for the Establish- ment of Such Areas; and Providing a Penalty for a Violation Hereof. Be it Enacted by the City Council of the City of Dubuque as follows: Section 1. That the City Manager is hereby au- thorized and instructed to designate portions of not more than fifteen (15) streets within the City of Dubuque as "coasting areas" during the mon.hs of November, December, January, February and March of each year. Such coasting areas shall be located on streets suitable for coasting where the same will not cause undue interference with vehic- ular traffic and when so designated the same shall be marked with .suitat-7,_ signs, warnings and barri- cades. Section Z. When a portion of any street has been designaa--d a '"coasting area" and signs have been erected giving notice thereof, drivers of motor ve- hicles approaching the same shall come to a full stop before entering such area and shall proceed to traverse the same cautiously, having due regard for the safety of persons using such area for coast- ing. Section 3. From and after the effective date of this Ordinance, it shall be unlawful for any person or persons to use any of the public streets of the City of Dubuque, for sleighing, sleighriding, coast- ing, tobaggoning, bob -sledding or skiing, except in properly designated coasting areas. Section 4. Any person violating any of the t€:^rms of this Ordinance shall be guilty of a miE demea :;or and upon arrest and conviction thereof, punished by a fine of not more than one hundred dollars ($ 100) or in default thereof, by imprison- ment for not more than thirty (30) days. Passed 4/2/52 Published 4/12/52 27 26 CHAPTER XV Public Service Companies ORDINANCE NO. 42-50 REPEALED by Ordinance No. 49-51 Ordinance No. 49-51 An Ordinance Establishing and Fixing Rates to be Charged for the Furnishing of Bus Transporta- tion to Passengers on Buses Operated by the Interstate Power Company in the City of Dubuque, Repealing Ordinance No.42-50, and Providing a Penalty for the Violation Hereof. Whereas the Interstate Power Company operates a bus system in, and along, and upon the streets of the City of Dubuque by virtue of a franchise, being Ordinance No.16-46; and Whereas it is provided by said franchise that the City Council reserves the right to fix reasonable and just rates; and Whereas application has been filed by the Inter- state Power Company for an increase in bus rates; and Whereas after investigation by the City Council it has been determined that there should be an in- crease in bus fares; Now Therefore be it Ordained by the City Council of the City of Dubuque: Section I. That Ordinance No.42-50 adopted the 19th day of October, 1950 be and the same is hereby repealed; Section II. The fares to be charged by the Inter- state Power Company on all buses operating in the City of Dubuque under said franchise are hereby fixed as follows: 1. The charge for a single cash fare shall be ten cents (10); 2. In accordance with and subject to the provisions of Section V of said Franchise Ordinance, chil- dren in arms shall be carried free of charge and the fare for children twelve (12) years of age and younger shall be five cents (5) cash; 3. In lieu of tokens required under Section V of said Ordinance No.16-46 said company is here- by authorized to issue identification cards to all school children eighteen (18) years of age and younger, and from the 1st day of September to the 30th day of June in each year Saturdays, Sundays and holidays excepted, upon exhibiting such identification card to the driver, school children of the age of thirteen (13) to eighteen (18) years, inclusive, shall be entitled to ride for a five cents (50 cash fare in going to and from public and parochial schools during the hours of 7:45 A.M. to 4:15 P.M. In accord- ance with said Section V any abuse of the use of such identification card and the privilege granted thereunder, at the option of the company, may result in forfeiture thereof by the individual concerned; 4. When requested transfers shall be issued upon the payment of all fares, without additional charge. Section III. That any person, firm or corpora- tion who shall violate any of the terms of this Ordi- dinance shall be guilty of misdemeanor and upon conviction thereof shall be fined not to exceed one hundred dollars ($100) or imprisoned in jail not to exceed thirty (30) days; Section IV. That this Ordinance shall be in full force and effect immediately upon its final adoption and publication as provided by law. Passed, adopted and approved October 24, 1951. Published October 29, 1951. ORDINANCE NO. 10-49 REPEALED by Ordinance No. 50-51 Ordinance No. 50-51 An Ordinance Fixing and Establishing Rates to be Charged for the Furnishing of Gas for Residen- tial, Commercial, Industrial, and Other Uses and Purposes Within the City of Dubuque, Iowa; Fixing and Regulating the Method of Service Thereof; Prescribing a Penalty For Violation Thereof; Repealing Ordinance No.10-49 and all Other Ordinances and Resolutions in Conflict Herewith; and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. Commencing with all meter readings on and after November 10, 1951, the rates to be charged for gas for residential, commercial, indus- trial, and other uses and purposes by any person, firm, or corporation supplying gas within the City of Dubuque, except as herein otherwise provided, shall be fixed and determined as follows: SCHEDULE I GENERAL SERVICE AVAILABILITY: This rate is available for general service to all residential users of gas having neither an auto- matic water heater nor house heating equipment and to all commercial and industrial users of gas for general purposes including, at their option, gas used for automatic water heating, or space heat- ing, or both. RATE: 500 Cu. Ft. or legs per meter per month Net $1.47 600 Cu. Ft. per meter per month Net $1.61 700 Cu. Ft. per meter per month Net $1.72 800 Cu. Ft. per meter per month Net $1.84 900 Cu. Ft. per meter per month Net $1.89 First 3000 Cubic Feet per month $1.91 per M. Cubic Feet Net Next 4000 Cubic Feet per month $1.61 per M. Cubic Feet Net Next 5000 Cubic Feet per month $1.49 per M. Cubic Feet Net Next 8000 Cubic Feet per month $1.43 per M. Cubic Feet Net Next 10,000 Cubic Feet per month $1.31 per M. Cubic Feet Net Next 20,000 Cubic Feet per month $1.20 per M. Cubic Feet Net Next 50,000 Cubic Feet per month $1.09 per M. Cubic Feet Net Next 50,000 Cubic Feet per month $1.03 per M. Cubic Feet Net All in excess of 150,000 Cubic Feet $ .80 per M. Cubic Feet Net Minimum Monthly charge $1.47 per meter PROMPT PAYMENT: Customers monthly bills shall be computed at the net rate and there shall be added to all bills of $1.89 or less, a charge of ten cents (10) and to all bills in excess of $1.89 a charge equal to the quan- tity of gas consumed at ten cents (10') per 1000 Cubic Feet, which charges shall be collected from those customers who fail to pay their net bill within ten (10) days from and after date thereof. SCHEDULE II COMBINATION RESIDENTIAL AUTOMATIC WATER HEATING AND/OR HOUSE HEATING SERVICE AVAILABILITY: This rate is available to all residential users of gas having an automatic gas water heating unit or a gas house heating unit regardless of other gas appliances, where all gas is supplied through one meter. RATE: 500 Cu. Ft. or less per meter per month Net $1.47 600 Cu. Ft. per meter per month Net $1.61 700 Cu. Ft. per meter per month Net $1.72 800 Cu. Ft, per meter per month Net $1.84 900 Cu. Ft. per meter per month Net $1.89 First 2,000 Cubic Feet per month $1.91 per M. Cu. Ft. Net Next 1,000 Cubic Feet per month $1.57 per M. Cu. Ft. Net Next 7,000 Cubic Feet per month $1.07 per M. Cu. Ft. Net All in excess of 10,000 Cubic Feet per month.. $ .80 per M. cu. Ft. Net Minimum Monthly Charge $1.47 per meter PROMPT PAYMENT: Customers monthly bills shall be computed at the net rate and there shall be added to all bills of $1.89 or less, a charge of ten cents (10) and to all bills in excess of $1.89 a charge equal to the quan- tity of gas consumed at ten cents (10) per 1,000 Cubic Feet, which charges shall be collected from those customers who fail to pay their net bill with- in ten (10) days from and after date thereof. REGULATIONS: Customers desiring gas house heating service shall first ascertain from the person, firm or cor- poration supplying gas, if such service is available at the desired location and then shall install only approved gas burning apparatus in compliance with the supplier's safety requirements. SCHEDULE III COMMERCIAL AND INDUSTRIAL AUTOMATIC WATER HEATING AND/OR SPACE HEATING SERVICE AVAILABILITY: This rate is available to all commercial and in- dustrial consumers using an automatic gas water heater, or automatic space heating equipment, or both, supplied with gas through a separate meter. Commercial consumers shall include all restau- rants, business houses, apartment buildings, churches and institutions. DEFINITION OF AN APARTMENT BUILDING: (a) An apartment is defined as a portion of a building consisting of two or more rooms, equipped for living purposes. (b) In buildings where five or more rooms, ex- clusive of apartments are rented, or are for rent, each five rooms or fraction thereof, (real estate rating) exclusive of apartments, shall be counted as an apartment. (c) An "Apartment building" is a building con- taining two or more apartments as herein defined. RATE: $1.13 per M. Cubic Feet per Month Net Minimum monthly charge: $1.47 per meter. PROMPT PAYMENT: Customers monthly bills shall be computed at the net rate and there shall be added to all bills of $1.47 a charge of ten cents (10) and to all bills in excess of $1.47 a charge equal to the quantity of gas consumed at ten cents (100 per 1,000 Cubic Feet, which charges shall be collected from those customers who fail to pay their net bill within ten (10) days from and after date thereof. FUEL ADJUSTMENT CLAUSE Rates for gas are predicated upon the base price of materials as follows: Gas Coal - $13.16 per ton Gas Oil - $ .108 per gallon Propane - $ .073 per gallon and on the consumption of these materials in the following quantities: .082 tons of coal per M. Cu. feet of coke oven gas produced; 3.0 galons of oil per M. Cu. feet of water gas produced; 6.1 gallons of propane per M. Cu. feet of propane - air gas produced. Any change in the cost of these materials from the base price will result in an increase or de- crease in the rate per M. Cu. feet by the amount of the weighted average increase or decrease in the fuel costs per M. Cu. feet; said weighted average being based upon the proporation of coal gas, water gas and propane -air gas produced each quarter of the year. This computation will be made at the end of each quarter based upon the invoice cost of 29 28 materials at that .ate and the ;, ::s production dur- ing the quarter. Any change in the rate per M. Cu. Ft. of gas sales shall become cifective with all bill- ings on the first day of the second month following the end of each quarter. All rate changes are to be computed to the nearest one ce-t (1). Before placing into effect th,.. terms of this pro- vision, the firm, person or corporation supplying gas in the City of Dubuque sha1l first disclose to the City Council sufficient data to warrant such action. For the purpose of keeping the City Council in- formed as to the cost of gas based on the fuel clause outlined in the Ordinance, the person, firm or cor- poration supplying gas shall file with the City Coun- cil each quarter of the calendar year complete cal- culations on the subject, whether a rate adjustment is indicated or not. Section 2. No person, firm or corporation supply- ing gas shall install any meter or meters upon a customer's premises for the purpose of measuring gas to be supplied to said customer unless and until such meter has been properly calibrated and adjust- ed ed within a period of six (6) months preceding date of installation upon a customer's premises so that the error in registration at rated meter capacity is within two per cent (2%) of accuracy. Any meter installed upon a customer's premises shall bear a label clearly indicating the date that said meter was tested and recalibrated. No meter shall be kept in service which has not been recalibrated within a five year period. The person, firm or corporation supplying gas in the City of Dubuque shall keep on file a record of the test of each meter, installed upon or retained in service upon the customer's premises after test, which record shall be available for inspection by officials of the City of Dubuque. Such record as filed shall indicate the name of the manufacturer of said meter, its serial number, type, capacity, num- ber assigned to it by its owner, name and address of the customer where said meter was in service prior to said test, and the date of last previous test, together with the percentage of error above or below accuracy, as disclosed by said test. Meters shall be adjusted to register within plus or minus two per cent (2%) of accuracy at full load. Section 3. No person, firm or corporation, who shall charge or exact other or different rates and charges for any type of service, the rates for which service are herein fixed and determined, or who shall violate any of the provisions hereof, shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined not to exceed one hun- dred dollars ($100) or imprisoned not to exceed thirty (30) days in jail. Section 4. Ordinance No.10-49 adopted March 28, 1949 and all other Ordinances or parts of Ordinances in conflict herewith are hereby re- pealed. Section 5.' This Ordinance shall be in full force and effect at 12:01 o'clock A.M. of Saturday, November 10, 1951. Adopted November 5, 1951. Published November 8, 1951. 30 ORDINANCE NO. 8-41 REPEALED by Ordinance No. 56-51 Ordinance No. 56-51 An Ordinance fixing and establishing rates to be charged for the furnishing of electricity for residential, commercial, street lighting, power and other uses and purposes within the City of Dubuque, Iowa; fixing and regulating the method of service thereof; prescribing a penalty for vio- lation thereof; repealing all ordinances and res- olutions in conflict herewith. Be it Ordained by the City Council of the City of Dubuque: RATES FIXED: Section 1. Commencing on and after 12:01 a.m. November 17, 1951, the rates to be charged for elec- tricity for residential, commercial, street lighting, power and other uses and purposes by any person, firm or corporation supplying electrical energy within the City of Dubuque, except as herein other- wise provided, shall be fixed and determined as follows: SCHEDULE I RESIDENTIAL SERVICE AVAILABILITY: Available for 115/230 volt, single phase, alter- nating current service taken through one meter to an individual customer residing in a single occu- pancy residence or apartment for full domestic use, including small motors with individual rated capacities not in excess of five horsepower (5 H. P.), provided, however, that off-peak controlled service for water heating will be taken through a separate meter. This rate is not available to the public areas of apartment buildings, or for roor:ling houses where in excess of four (4) rooms are held for rental. RATE: First 16 Kwhrs or less used per month for $1.00. Next 34 Kwhrs used per month @ $ .041 per Kwhr, net. Next 50 Kwhrs used per month @ .032 per Kwhr, net. *Next 100 Kwhrs used per month @ .032 per Kwhr, net. Excess Kwhrs used per month @ .025 per Kwhr, net. *The fourth block of the rate to be increased 200 Kwhr for each whole KW of demand in excess of 7 KW. Minimum Monthly Charge: $1.00. PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate and there will be added to the total net bill a sum equal to ten percent (10%) thereof, which will be collected from the customers who fail to pay the net bill within ten (10 days) from and after the date of the bill. SCHEDULE II COMMERCIAL SERVICE AVAILABILITY: Available for 115/230 volt, single phase, alter- nating current service for lighting and other uses in commercial establishments, institutions, public areas of apartment buildings, including janitor's quarters when service to same is combined with service to public areas, and service when furnished through a single meter to two or more families residing in distinctive dwelling quarters in a single structure, and for rooming houses where in excess of four (4) rooms are held for rental. This rate is not available for the purchase of energy for resale, nor for breakdown or standby service. No motor with rated capacity in excess of two horsepower (2 H. P.), no single piece of cooking equipment with a rated capacity in excess of five kilowatts (5 KW) nor any apparatus that produces abnormal voltage fluctuations will be served under this schedule. RATE: For demands of less than six (6) Kilowatts: First 16 Kwhrs or less used per month for $1.00. Next 84 Kwhrs used per month @ $ .044 per Kwhr, net. Next 400 Kwhrs used per month @ .033 per Kwhr, net. *Next 500 Kwhrs used per month @ .027 per Kwhr, net. Excess Kwhrs used per month @ .02 per Kwhr, net. For Demand of six (6) Kilowatts and more: The number of kilowatthours in the fourth block (*) of the above rate will be increased by 200 Kwhrs for each whole kilowatt of demand in excess of five kilowatts (5KW). Minimum Monthly Charge: $1.00. POWER FACTOR: Neon lighting, fluorescent lamps and/or other gaseous tube lamps or appliances having a low power factor, shall be equipped with .effective cor- rective devices to increase the power factor of such lamps, or appliances, to ninety per cent (90%) lagging, with such tolerance as may be necessary to conform to existing manufacturer's equipment. PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate, and there shall be added to the total net bill a sum equal to ten per cent (10%) thereof, which will be collected from customers who fail to pay the net bill within the (10) days from and after the date of the bill. SCHEDULE III WATER HEATING SERVICE AVAILABILITY: Available for 115/230 volt, single phase, alter- nating current service, for residences and com- mercial establishments for water heating with automatic storage type water heaters of standard make and design. The design and operating char- acteristics of all water heaters served under this schedule, as well as all necessary electrical con- nections for the protection of the circuit furnish- ing service to the water heater, must be accept- able to the person, firm or corporation supplying electrical energy. A suitable time switch will be supplied by the person, firm or corporation supplying electrical energy to control the periods when energy shall be supplied for heating. The hours of operation of off-peak service may be changed when deemed ad- visable, but under no condition shall they be less than twelve hours during any twenty-four hour period. Minimum storage capacity of each electric water heater shall be fifty (50) gallons, and no heating element shall have a capacity in excess of thirty (30) watts per gallon of tank capacity. If two heating elements are provided, one at the bottom and one at the top of the tank, and they are so in- terconnected that only one unit can be in operation at a time, then both units may be connected to the time -controlled water heating circuit to be served under this schedule. If one unit is so connected that it can be used other than during the controlled off-peak hour, then such unit shall be connected to the regular lighting circuit. RATE: Energy used during off-peak hours @ $ .0125 per Kwhr, net. Minimum Monthly Charge: $1.00. Energy used during periods other than off-peak, as hereinbefore specified, shall be billed with and at the same rate as other residential or commer- cial service. PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate and there shall be added to the total net bill a sum equal to ten per cent (10%) thereof, which will be collected from customers who fail to pay the net bill within ten (10) days from and after the date of bill. SCHEDULE IV GENERAL POWER SERVICE AVAILABILITY: Available for alternating current service at 115/230 volts, single phase, or three phase at either 230 volts or 460 volts for all power purposes when the connected load exceeds two horsepower (2 H. P.). Three phase service need not be sup- plied to loads of five horsepower (5 H. P.) or less, except at the option of the person, firm or corpora- tion supplying electrical energy. Lighting service may be combined with power service under this rate provided service is rendered through one meter and at the same secondary voltage, and the Minimum Billing Demand is not less than twenty kilowatts (20 KW). This rate is not available for the purchase of energy for resale, nor for break- down or standby service. TERM OF CONTRACT: Service will be rendered under this schedule for a minimum period of one (1) year and shall continue thereafter until cancelled by a thirty (30) day writ- ten notice by the customer. Conditions requiring unusual construction and expenditures for equipment to render service may require an agreement for a term in excess of one (1) year. RATE: First 10 -hours use per month of each KW of bill- ing demand @ $ .05 per Kwhr, net. 31 Next 20 hours use per month of each KW of bill- ing demand @ .041 per Kwhr, net. Next 30 hours use per month of each KW of bill- ing demand @ .031 per Kwhr, net. Next 2000 Kwhrs used per month @ .021 per Kwhr, net. All excess Kwhrs used per month @ .02 per Kwhr, net. MINIMUM BILLING DEMAND: Five (5) kilowatts except when combined light and power service is rendered when minimum bill- ing demand is twenty (20) kilowatts. MINIMUM MONTHLY CHARGE: $ 1 .00 per month per horsepower, or equivalent, of connected load for the first five horsepower (5 H. P.) and $.50 per month per horsepower, or equivalent thereof, for the next forty-five horse- power (45 H. P.) and $.25 per horsepower for all over fifty horsepower (50 H. P.) or equivalent of the total connected load in horsepower. Major fractions of a horsepower shall be considered as one whole horsepower of connected load. $ 1.00 per month will be added to the minimum monthly charge as stated above if lighting service is combined with power service under this rate. DETERMINATION OF BILLING DEMAND: The billing demand shall be determined by the greatest number of kilowatts registered during any thirty (30) minute interval as indicated by an inte- grating demand meter, or by using the maximum demand as recorded by a thermal type demand meter, furnished, installed and maintained by the person, firm or corporation supplying such elec- trical energy, provided, however that when the customer's load includes hoists, elevators, weld- ing machines, and/or other apparatus where the use of electricity is intermittent or subject to vio- lent fluctuations to the extent that the indicated or recorded demand for a fifteen (15) minute interval exceeds the maximum recorded or indicated de- mand during a thirty (30) minute interval by an amount in excess of fifty per cent (50%), then the customer's billing demand shall be determined by using the average of the three (3) highest fifteen (15) minute intervals indicated or recorded during the month. The billing demand for loads of less than twenty- five horsepower (25 H. P.) in lieu of measured de- mands may be calculated in kilowatts, by multiply- ing the total rated connected load in horsepower (or H. P. equivalent) by sixty per cent (60%). Any major fraction of a kilowatt of demand so deter- mined shall be considered one whole kilowatt of ad- ditional demand. POWER FACTOR: If the power factor of any customer's load is found by test to be below eighty per cent (80%) lag- ging under normal operating conditions, and upon written notification thereof, the customer fails to correct the power factor within sixty (60) days, the person, firm or corporation supplying electricity will then increase the demand used for billing pur- poses by the ratio of 0.80 to the power factor as determined by test. Neon lighting, fluorescent lamps and/or other gaseous tube lamps, having a low power factor, 32 shall be equipped with effective corrective devices to increase the power factor of such lamps to nine- ty per cent (90%) lagging, with such tolerance as may be necessary to conform to existing manufac- turer's equipment. PROMPT PAYMENT: Customer's monthly bills shall be computed at the net rate and there will be added to the total net bill a sum equal to ten per cent (10%) thereof, which will be collected from customers who fail to pay the net bill within ten (10) days of date of bill. SCHEDULE V DIRECT CURRENT SERVICE AVAILABILITY: Available only to customers who are presently served with direct current on premises where direct current is now available for power purposes. No additional customers will be served, and no ex- tensions to existing installations will be permitted. RATE: First 500 Kwhrs used per month @ $ .07 per Kwhr net. Next 500 Kwhrs used per month @ .055 per Kwhr, net. Next 1000 Kwhrs used per month @ .045 per Kwhr, net. All in excess of 2000 Kwhrs used per month @ $ .035 per Kwhr, net. MINIMUM MONTHLY CHARGE: $1.00 per horsepower for the first five horse- power (5 H. P.) and $ .50 per horsepower for the next forty-five horsepower (45 H.P.) and $ .25 per horsepower for all over fifty horsepower (50 H.P.) of the total connected load in horsepower (or H.P. equivalent), a major fraction of a horsepower shall be considered as one whole horsepower off additional connected load. PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate and there shall be added to the total net bill ten per cent (10%) thereof, which amount shall be collected from customers who fail to pay the net bill within ten (10) days from date of bill. SCHEDULE VI LARGE INDUSTRIAL POWER SERVICE AVAILABILITY: Available for alternating current service to in- dustrial and commercial customers whose month- ly demand exceeds fifty kilowatts (50 KW), or who agree to pay the demand charge for fifty kilowatts (50 KW), for lighting and power purposes, when all service is measured through one meter and taken from one service connection. Service will be rendered at standard primary voltages of 2300 volts, or higher as may be available, or at secondary voltages of 460 volts or 230 volts. Transformers for rendering these standard volt- ages will be supplied by the person, firm or cor- poration supplying such electrical energy, provid- ed, however, that only one secondary voltage will be supplied to customers whose maximum demand is less than one hundred kilowatts (100 KW). Ad- ditional transformers not located at the point of delivery, and special voltage transformers for lighting or other purposes shall be supplied and maintained by the customer. This rate is not avail- able for the purchase of energy for resale, nor for breakdown or standby service. TERM OF CONTRACT: Service will be rendered under this schedule for a minimum period of one (1) year and shall continue thereafter until cancelled by a sixty (60) day written notice by the customer. Conditions requiring unusual construction and expenditures for equipment to render service may require an agreement for a term in excess of one (1) year. RATE: DEMAND CHARGE First 50 KW of billing demand @ $1.50 per month. Next 150 KW of billing demand @ 1.25 per month. Excess KW of billing demand @ 1.00 per month. ENERGY CHARGE First 5,000 Kwhrs used per month @ $ .015 per Kwhr. Next 10,000 Kwhrs used per month@.012 per Kwhr. Next 15,000 Kwhrs used per month @ .01 per Kwhr. Next 120,000 Kwhrs used per month @ .0085 per Kwhr. Excess Kwhrs used per month @ .0075 per Kwhr. PREMIUM RATE FOR HIGH LOAD FACTOR: When customer's billing demand exceeds 1000 KW, all energy used in excess of 365 hours' use of billing demand will be billed at $ .006 per Kwhr. EQUIPMENT SUPPLIED BY CUSTOMER: When customer furnishes and maintains all transformers and/or other apparatus necessary for the customer to take service at primary volt- age, the charges computed under the above rate will be reduced by an amount equal to five per cent (5%) thereof. METERING: Metering shall be at either primary or second- ary voltage at the option of the person, firm or corporation supplying electrical energy. If it is elected to meter at the primary voltage, the bill- ing less any previous adjustment will be reduced by two and one-half (21%) per cent to compensate for transformer losses. PROMPT PAYMENT DISCOUNT: A discount of two and one-half per cent (21%) of the billing less any adjustments heretofore made will be allowed if bill is paid within ten (10) days of date thereof. MAXIMUM DEMAND: The maximum demand in any month shall be determined by the greatest number of kilowatts (KW) recorded or indicated on a standard integra- ted demand meter in any thirty (30) minute inter- val during the month, or by using the maximum demand as recorded by a thermal type demand such meter to be provided, installed and maintained by the person, firm or corporation supplying such electrical energy, provided, however, that when the customer's load includes hoists, elevators, welding machines, and/or other appartus where the use of electricity is intermittent or subject to violent fluctuation to the extent that the indicated or recorded demand for a fifteen (15) minute in- terval exceeds the recorded or indicated demand for a thirty (30) minute interval by more than fifty per cent (50%), then the customer's billing demand shall be determined by using the average of the three highest fifteen (15) minute interval indicated or recorded demands during the month. BILLING DEMAND: The billing demand shall be the maximum de- mand except when the customer's average power factor, by actualmeasurement, is less than eighty per cent (80%) lagging, or more than ninety per cent (90%) lagging, in which case the billing de- mand shall be determined each month therefrom by increasing the measured maximum demand by one per cent (1%) for each one per cent (1%) that the average monthly power factor is found to be below eighty-five per cent (85%) lagging and de- creasing the maximum demand by one per cent (1%) for each one per cent (1%) that the average monthly power factor is found to be greater than eighty-five per cent (85%) lagging. The billing de- mand shall in no event be less than fifty kilowatts (50 KW). POWER FACTOR The average power factor of the customer's load shall be determined monthly from readings registered by the watthour meter and a reactive component meter which shall be furnished by the person, firm or corporation supplying the electric- ity. It shall be calculated by dividing the number of kilowatthours as registered by the square root of the sum of the square of the kilowatthours reg- istered plus the square of the reactive kilovolt ampere hours registered. Reactive component meters will be ratcheted so only lagging reactive kilovolt ampere hours will be recorded. MINIMUM MONTHLY CHARGE: The minimum monthly charge shall be the de- mand charge for fifty (50) kilowatts plus the en- ergy charges which may apply. FUEL ADJUSTMENT: The rates for electrical energy stated herein are based upon using coal or other boiler fuel to produce such energy and costing sixteen cents ($0.16) per million B.T.U. delivered in the bunkers of the Dubuque, Iowa plant of the person firm, or corporation supplying such electrical energy at Dubuque, Iowa. In the event that the average cost of boiler fuel delivered as aforesaid differs from the base price of sixteen cents ($0.16) per million B.T.U. by one cent ($0.01) or more per million B.T.U., then the net bill as computed shall be increased or de- creased, as the case may be, by an amount equal to the number of kilowatthours used at twenty-two hundredths mills ($.00022) per kilowatthour for each whole one cent ($0.01) by which the cost of one million B.T.U. of boiler fuel used during the 33 preceding month exceeds or is less respectively than the base price of sixteen cents ($0.16) per million B.T.U. Before placing into effect the terms of this pro- vision, the firm, person or corporation supplying electrical energy at Dubuque shall first disclose to the City Manager of the City of Dubuque suffi- cient data to warrant such action. SCHEDULE VII CITY OF DUBUQUE WATER SERVICE AVAILABILITY: Available to the Water Department of the City of Dubuque for three phase, alternating current service of 2300 volts or 6900 volts for water pumping, when such pumping is restricted to off- peak periods as defined herein. RATE: $ .009 per Kwhr, net. OFF-PEAK PERIODS: The off-peak period, as prescribed under this schedule, is defined to be the hours between 8:00 p.m. and 8:00 a.m. the following day, and the hours between 12:00 noon and 2:00 p.m. daily through the year and between 4:00 p.m. and 6:00 p.m. daily during the period from April 15 to September 15, inclusive, or in caseof emergency, or when at any time, the life or property of the citizens of Dubuque may be in danger. An emer- gency shall be held to exist (1) whenever the water in the Eagle Point Reservoir is in d anger of over- flowing, (2) whenever, to maintain proper pres - sures for fire protection, it is necessary to pump water from the lower level storage to the high service elevated tanks and standpipes, FUEL ADJUSTMENT: The rate for electrical energy stated herein is based upon using coal or other boiler fuel to pro- duce such energy and costing sixteen cents ($0.16) per million B.T.U. delivered in the bunkers of the Dubuque, Iowa, plant of the person, firm or cor- poration -supplying such electrical energy at Dubuque, Iowa. In the event that the average cost of boiler fuel delivered as aforesaid differs from the base price of sixteen cents ($0.16) per million B.T.U. by one cent ($0.01) or more per million B.T.U., then there shall be added to or deducted from the rate herein - before provided per kilowatt hour, twenty-two hun- dredths mills ($.00022) for each whole one cent ($0.01) by which the cost of one million B.T.U. of boiler fuel used during the preceding month ex- ceeds, or is less respectively, than the base price of sixteen cents ($0.16) per million B.T.U. Before placing into effect the terms of this provision, the firm, person, or corporation sup- plying electrical energy at Dubuque shall first disclose to the City Manager of the City of Dubuque sufficient data to warrant such action. SCHEDULE VIII STREET AND BOULEVARD LIGHTING SERVICE AVAILABILITY: Available to the municipality of the City of Dubuque and to the Board of Park Commissioners of the City of Dubuque for lighting, streets, alley ways, and park areas, and for traffic control and police call signals. RATE: (a) Overhead System: The rates to be charged for each overhead street light owned, operated, maintained and sup- plied with electrical energy by the person, firm or corporation supplying electrical energy within the City of Dubuque, including the replacement of all glassware and renewal of lamps. shall be: Size of Lamp - Lumens 1000 2500 4000 Per Year Hours of Rate per Burning Year 4000 4000 4000 $20.40 26.40 31.20 (b) Ornamental Street Lighting: The rates to be charged for each lighting stand- ard by the person, firm or corporation supplying electrical energy within the City of Dubuque for the operation of such lighting standard of the orna- mental street lighting system owned by the City of Dubuque and/or the Park Board of the City of Dubuque, including the electric energy for the op- eration thereof and all expenses and/or charges incident to the operation of said system, including the cost of replacement of any and all glassware and renewal of lamps, except where the breakage of such glassware and/or lamps is due to traffic damage, but not including the maintenance of cables and lighting standards which shall be maintained by the owners thereof, shall be: Standard Size of Lamp - Lumens 1 - Lamp @ 600 1 - Lamp @ 1000 1 - Lamp @ 2500 1 - Lamp @ 6000 2 - Lamp @ 4000. 2 - Lamp @ 4000 2 - Lamp @ 6000 1 - Lamp @ 2500 1 - Lamp @ 6000 2 - Lamp @ 6000 Per Hours of Burning 4000 4000 4000 4000 4000 4000 4000 2000 2000 2000 Year Rate per Year $10.20 11.40 16.80 29.40 45.60 45.60 53.40 12.60 20.40 34.80 TRAFFIC CONTROL SIGNALS: The rates to be charged for electrical energy furnished for the operation of the traffic control signals owned, operated and maintained by the City of Dubuque, shall be: Rate per No. and Size of Lamps Year 4 - Light - 40 watts $ 40.80 3 - Light - 40 watts and arrow 36.00 4 - Light - 40 watts and no turn 82.80 8 - Light - 40 watts 64.20 9 - Light - 40 watts 72.00 12 - Light - 6 arrows 156.00 Traffic flashing signals 24.00 School flashing signals 12.00 POLICE CALL SIGNALS The rates to be charged for electrical energy furnished for the operation of the police call • signal system owned by the City of Dubuque shall be $8.00 per year per call signal. PARK LIGHTS: The rates to be charged by the person, firm or corporation supplying electrical energy within the City of Dubuque for the operation of each park lighting standard of the park or street lighting system owned by the Dubuque Park Board, includ- ing all energy required for the operation thereof, and all expenses or charges incident to the opera- tion of said system, including the cost of the re- placement of any and all glassware and/or renewal of lamps, except where the breakage of such glassware or lamps is due to traffic damage, but not including the maintenance of cables and lighting standards which shall be maintained at the cost of the owners thereof, shall be: Size of Standard Lamp 1-Lamp @ 4000 Lumens 1-Lamp @ 2500 Lumens 1-Lamp @ 200 Watts PAYMENT: Per Year Hours Rate of per Burning Year 4000 $22.80 4000 16.80 4000 19.08 Bills shall be rendered monthly by the person,, firm or corporation supplying such electrical en- ergy to the City of Dubuque, Iowa, at the rate of one -twelfth (1-12th) of the respective annual charge for each street light, ornamental standard, traffic control signal, and/or police call signal in service during the month for which the bill is rendered. SCHEDULE IX RULES AND REGULATIONS FOR AIR CONDITIONING AND AIR COOLING These rules and regulations will apply to loads of more than 2 H.P. for commercial air condition- ing and air cooling equipment but will not apply to equipment used for refrigeration of foods or other supplies. (Loads of 2 H.P. or less, single phase, can be used on commercial lighting rates.) Service will be rendered under standard power service conditions on the commercial power rates in effect under a five year contract. CONDITIONS OF SERVICE: The conditions stated herein will not apply to air conditioning loads where a customer has any motor for other purposes larger than Z H.P. be- cause the person, firm, or corporation supplying electrical energy will not install separate power metering for the air conditioning load where the customer has other power load of more than 2 H.P. Where other small power loads of 2 H.P. or less are now connected and taking service through the same meter as the air conditioning load, then the customer may take advantage of these rules and regulations by changing, at his own expense, such wiring as may be necessary to take the service for the motors of 2 H.P. or less through the commercial lighting meter. MINIMUM MONTHLY CHARGES: The standard monthly minimum bill of the pow- er rate in effect will apply to this service from the date of connection of the service to the date of disconnection without prorating of the minimum monthly bill for fractional parts of the month either at the time service is ordered connected or discon- nected. The minimum monthly bill will not be charged during the period that service is discon- nected. SERVICE DISCONNECTION CHARGE: In order for the customer to secure permission for the minimum monthly bill to be eliminated, he must order the service disconnected in writing and the customer will then be given a final billing for the amount of energy used including the proper monthly minimum bill and will make a payment of a disconnection charge of $2.00 plus an amount of $1.00 per H.P. of connected load, in lieu of payment of minimum monthly bills during the period when service is disconnected. CONNECTION CHARGE: At the time service is ordered connected, the customer will pay a $2.00 connectioncharge to pay the person, firm or corporation supplying elec- trical energy for its cost in connecting service. Service May be disconnected by any method deter- mined as feasible, but, if it is desirable to leave the meter installed, then service may be disconnect- ed by sealing the switch open with the customer understanding that the seal is only to be broken and the switch closed by a representative of the person, firm or corporation supplying electrical energy. GENERAL PROVISIONS: Service may be rendered at either single phase or three phase in accordance with the general prac- tice of rendering three phase service. Where it is necessary for the person, firm or corporation supplying electrical energy to make any special in- vestment to render the service for air conditioning load, then the regulations of the person, firm or corporation supplying electrical energy in regard to setting up a monthly service charge will apply based upon an allowable investment of $125.00 (the same as is used for residential and small commer- cial lighting service) for loads up to 5 H.P. plus $25.00 per H.P. in excess of 5 H.P. If the cost to serve is greater than the allowable amount, then the annual service charge will be an amount of $ 6.00 for each major fraction of $50.00 in excess of the allowable expenditure and such annual service charge will be payable at the time connection for the season is ordered. CHANGE IN SERVICE CLASSIFICATION: Section 2. Any customer taking service under one or more of the various classifications of serv- ice may elect to change to any other classification that may be available to him, provided, however, that the person, firm or corporation supplying elec- trical energy in the City of Dubuque need not change any customer's classification more than once in any twelve (12) month period. METER SERVICE: Section 3. No person, firm or corporation supplying electrical energy in the City of Dubuque shall install any meter or meters upon a customer's premises for the purpose of measuring electrical energy to be supplied to said customer unless and until such meter has been compared with a stand- ard meter and adjusted so that the error in regis- tration at full load is not more than plus or minus 35 34 two per cent (2%) of accuracy within a period of six (6) months preceding date of installation upon said customer's premises. Any meter installed upon a customer's premises shall bear a label clearly indicating the date that said meter was tested and recalibrated. All meters in service in the City of Dubuque shall be systematically tested and/or compared with a standard 'meter and adjusted to register within plus or minus two per cent (2 %) of accu- racy, and no meter shall be kept in service which has not been recalibrated within eight (8) years. The person, firm or corporation supplying electrical energy in the City of Dubuque shall keep on file a record of the test of each meter, installed upon or retained in service upon a customer's premises after test, which record shall be avail- able for inspection by officials of the City of Dubuque. Such record as filed shall indicate the name of the manufacturer of said meter, its serial number, type, capacity, number assigned to it by its owner, the name and address of the customer where said meter was in service prior to said test, the date of said test and date of last previous test, together with the percentage of error above or be- low accuracy, as disclosed by said test. Meters shall be adjusted to register within plus or minus two per cent (2%) of accuracy at full load. PENALT Y: Section 4. Any person, firm or corporation who shall charge or exact other or different rates or charges for any type of service, the rates for which service are herein fixed and determined, or who shall violate any of the provisions hereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed $ 100.00, or imprisoned not to exceed thirty (30) days in jail. REPEAL CLAUSE: Section 5. Ordinance No. 8-41 and all amend- ments thereto are hereby repealed. PUBLICAT ION: Section 6. This ordinance shall be in effect from and after its final passage, adoption, and ap- proval by the Council of the City of Dubuque and publication provided by law. Passed, adopted and approved upon final read- ing this 13th day of November, 1951. Published November 16, 1951. ORDINANCE NO. 44-46 AMENDED by Ordinance No. 66-51 Ordinance No. 66-51 An Ordinance Amending Ordinance No.44-46 by Repealing Section 1 and Substituting a New Section 1 in Lieu Thereof. Be it Ordained by the City Council of the City of Dubuque; Section 1. That Secton 1 of Ordinance No.44-46, being an Ordinance entitled "An Ord- inance Regulating the operation of Taxicabs within the City of Dubuque and fixing the rates and prices to be charged for the transportation of passengers from one part of the City to another, 36 Repealing all Ordinances in conflict herewith and providing a penalty for a violation thereof" is hereby repealed and the following substituted therefor: "Section 1. The following rates and prices for the transportation of passengers by taxi -cabs are hereby fixed as the rates and prices to be charged for services rendered by the means above stated, to -wit: (a) For one passenger from one part of the City of Dubuque to any other part thereof, includ- ing such passenger's ordinary luggage, the sum of 60; (b) For two or more passengers to and includ- ing five passengers from one part of the City to any other part thereof, including such passenger's ordinary luggage, the sum of 75; (c) Where two or more passengers board a taxicab at the same place, from that place to any other parts of the City as designated by each pas- senger, the passenger alighting shall pay 60and each other passenger shall pay 35 as he leaves the taxicab at his destination. These fares include the passenger's ordinary luggage; (d) Waiting time may be charged for on the fol- lowing terms: At the rate of $3.00 per hour. No charge shall be made for waiting time under ten minutes." Adopted December 12, 1951. Published December 17, 1951. Ordinance No. 39-51 An Ordinance Prohibiting the Blocking of Railroad Crossings and Providing 'a Penalty Therefor. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. No railroad company, railroad engi- neer, train conductor, or other person having charge or control of any locomotive engine, car or train of cars, shall allow the same to remain standing on its tracks for a longer period than five (5) minutes in such a manner as to obstruct the free flow of vehicular and pedestrian traffic along any street intersecting the said tracks: Section 2. Any person who shall establish that a failure to comply with the terms of Section 1 hereof resulted from a mechanical failure or other unforeseeable circumstance beyond his con- trol shall not be deemed guilty of a violation of this Ordinance; Section 3. Any railroad company, or any offi- cer, agent or employee thereof, who shall violate any of the provisions of this Ordinance, or who shall do any act herein prohibited, shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one hundred dollars ($ 100) for each offense. Section 4. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 27th day of August, 1951. Adopted August 27, 1951. Published August 30, 1951. ORDINANCE NO. 12-38 REPEALED by Ordinance No. 22-52 Ordinance No. 22-52 An Ordinance Designating Bus Routes in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. Ordinance No. 12-38 entitled "An Ordinance Designating Bus Routes" is hereby re- pealed. Section 2. The routes to be traversed by the motor bus transportation system shall be as fol- lows: (A) Main Street Route: Point of beginning: Jones and Main Street. North on Main Street to Second Street, east on Second Street to Iowa Street; north on Iowa Street to Twelfth Street, east on Twelfth Street to Cen- tral Avenue, north on Central Avenue to Twenty- fourth Street, east on Twenty-fourth Street to Jack- son Street, north on Jackson Street to Milwaukee Avenue, west on Milwaukee Avenue to Central Ave- nue, south on Central Avenue to Fifteenth Street, west on Fifteenth Street to Main Street, south on Main Street to point of beginning. (B) Point Route: Point of beginning: Sixth and Iowa Streets. North on Iowa Street to Twelfth Street, east on Twelfth Street to Elm Street, north on Elm Street to Rhomberg Avenue, east on Rhomberg Avenue to Lincoln Avenue, west on Lincoln Avenue to Sumner Street, south on Sumner Street to Rhomberg Ave- nue, west on Rhomberg Avenue to Elm Street, south on Elm Street to Twelfth Street, west on Twelfth Street to Main Street, south on Main Street to Sixth Street, east on Sixth Street to point of beginning. (C) West Dubuque Route: Point of beginning: Eighth and Central Avenue. West on Eighth Avenue to Hill Street, south on Hill Street to West Third Street, east on West Third Street to James Street, south on James Street to Langworthy Avenue, west on Langworthy Avenue to Alphine Street, north on Alpine Street to University Avenue, west on University Avenue to Delhi Street, west on Delhi Street and University Avenue to As- bury Street, north on Asbury Street to St. Ambrose Street, north on St. Ambrose Street to Seminary Street, east on Seminary Street and West Locust Street to West Seventeenth Stiaet, east on West Seventeenth Street to Main Street, south on Main Street to Tenth Street, east on Tenth Street to Cen- tral Avenue, south on Central Avenue to point of beginning. (D) Seminary and Carter Road Route: Point of beginning: Seventh and Iowa Streets. North on Iowa Street to West Fifteenth Street, west on West Fifteenth Street to Main Street, north on Main Street to Madison Street, north on Madison Street to Seminary Street, west on Seminary Street to Asbury Street, north on Asbury Road to Avalon Road, west on Avalon Road to Valley View Road, south on Valley View Road to Morningview Road, west on Morningview Road to Hillcrest Road, south on Hillcrest Road to Asbury Street, south on Asbury Street to University Avenue, east over University Avenue and Delhi Street to Alpine Street, south on Alpine Street to West Third Street, east on West Third Street to Hill Street, north on Hill Street to Eighth Avenue, east on Eighth Avenue to Central Avenue, south on Central Avenue to Seventh Street, west on Seventh Street to point of beginning. (E) Linwood and Mt. Carmel Route: Point of beginning• Twelfth and Main Streets. South on Main Street to Railroad Avenue, west on Railroad Avenue to Southern Avenue, west on Southern Avenue,to Grandview Avenue, south on Grandview Avenue to Mount Carmel Loop, north on Grandview Avenue to Bryant Street, east on Bryant Street to Rush Street, south on Rush Street to Mountain Lane, east on Mountain Lane to Cleveland Avenue, north on Cleveland Avenue to Bryant Street, east on Bryant Street to Dodge Street, east on Dodge Street to Bluff Street, north on Bluff Street to Second Street, east on Second Street to Iowa Street, north on Iowa Street to Twelfth Street, east on Twelfth Street to Jackson Street, north on Jackson Street to Twenty-second Street, east on Twenty-second Street to Windsor Avenue, north on Windsor Avenue to Davis Avenue, west on Davis Avenue to Sheridan Avenue, south on Sheridan Ave- nue to Edith Street, west on Edith Street to Burden Avenue, south on Burden Avenue to Windsor Ave- nue, south on Windsor Avenue to Twenty-second Street, west on Twenty-second Street to Central Avenue, south on Central Avenue to Twelfth Street, west on Twelfth Street to point of beginning. (F) Short Linwood Route: Point of beginning: Davis Avenue and Windsor Avenue. West over Davis Avenue to Sheridan Ave- nue, south on Sheridan Avenue to Edith Street, west on Edith Street to Burden Avenue, south on Burden Avenue to Windsor Avenue, south on Windsor Ave- nue to Twenty-second Street, west on Twenty- second Street to Central Avenue, south on Central Avenue to Seventh Street, west on Seventh Street -to Iowa Street, north on Iowa Street to Twelfth Street, east on Twelfth Street to Jackson Street, north on Jackson Street to Twenty-second Street, east on Twenty-second Street to Windsor Avenue, north on Windsor Avenue to point of beginning. (G) Fremont Route: Point of beginning: Eighth Avenue and Main Street. South on Main Street to Second Street, west on Second Street to Bluff Street, south on Bluff Street to Dodge Street, west on Dodge Street to Fremont Avenue, south on Fremont Avenue to Wartburg Place, return over Fremont Avenue to Dodge Street, north and west on Lombard Street to Algona Street, north on Algona Street to Loras Boulevard, east on Loras Boulevard to Alta Vista Street, south on Alta Vista Street to Rose Street, east on Rose. Street to Race Street, south on Race Street to West Eleventh Street, east on West Eleventh Street to Prairie Street, north on Prairie Street to Loras Boulevard, east on Loras Boulevard to Main Street to point of beginning. (H) Grandview Avenue Route: Point of beginning: Eighth Avenue and Iowa Streets. North on Iowa Street to Loras Boulevard, west on Loras Boulevard to Prairie Street, south on Prairie Street to West Eleventh Street, west on 37 West Eleventh Street to Race >treet, north on Race Street to Rose Street, west on Rose Street to Alta Vista Street, north on Alta Vista Street to Loras Boulevard, west on Loras Boulevard to Algona Street, south on Algona Street to Bennett Street, east on Bennett Street to Grandview Avenue, south on Grandview Avenue to Southern Avenue, east on Southern Avenue to South Locust Street, north on South Locust Street to Jones Street, east on Jones Street to Main Street, north on Main Street to Second Street, east on Second Street to Iowa Street, north on Iowa Street to point of beginning. (I) Cleveland Trippers Route. Point of beginning: Tenth and Main Streets. South on Main Street to Railroad Avenue, west on Railroad Avenue to Southern Avenue, west on Southern Avenue to English Lane to Mt. Loretta, east on Mt. Loretta to Esther Street, south on Esther Street to Tressa Street, east on Tressa Street to McLenan Street, north on McLenan Street to Mt. Loretta, west on Mt. Loretta to Bryant Street, north on Bryant Street to Rush Street, east on Rush Street to Mountain Lane, north on Mountain Lane to Cleveland Avenue, west on Cleveland Avenue to Bryant Street, north on Bryant Street to Dodge Street, east on Dodge Street to Bluff Street, north on Bluff Street to Second Street, east on Second Street to Iowa Street, north on Iowa Street to Tenth Street, west on Tenth Street to point of beginning. 38 (J) East Dubuque Route: Point of beginning: South side of Eighth Avenue near Main Street. East on Eighth Avenue to Cen- tral Avenue, south on Central Avenue to Third Street, west on Third Street to Iowa Street, south on Iowa Street to Second Street, west on Second Street to Locust Street, south on Locust Street to Julien Dubuque Bridge and across Julien Dubuque Bridge; upon returning on Julien Dubuque Bridge to Locust Street, then north on Locust Street to Eighth Avenue, east on Eighth Avenue to point of beginning. (K) Park Hill Route: Point of beginning: Central Avenue and Twenty- second Street. North on Central Avenue to Diagonal Street, west on Diagonal Street to Broadway Street, west and north on Broadway Street to Putnam Street, west on Putnam Street to Muscatine Street, north on Muscatine Street to Primrose Street, west on Primrose Street to Kane Street, south on Kane Street to Kaufmann Avenue, and east on Kaufmann Avenue to point of beginning. Section 3. The foregoing routes are hereby de- termined to be reasonably necessary to adequately serve the needs of the traveling public of the City of Dubuque within the meaning and intent of Section 2 of Ordinance No. 16-46 and are subject to modi- fications and change when the needs of the travel- ing public shall require. Adoption 6/2/52 Published 6/6/52 CHAPTER XVI Traffic Regulations ORDINANCE NO. 33-49 (TRAFFIC CODE) AMENDED: SECTION 10.6 (NEW) (Added by Ordinance No. 12-52): "Section 10.6. Upon those streets and parts of those streets and in those alleys designated and described in Schedule I attached hereto and made a part hereof, sign -posted for one-way traffic, vehicles, except authorized emergency vehicles responding to an emergency call, shall be driven only in the direction designated." SECTION 15.28 (NEW) (Added by Ordinance No. 11-52) "Motor carriers shall travel over marked high- ways when operated within the City limits and shall not depart therefrom except that any motor carrier whose destination is in the City may depart from such highway at that point on the highway nearest to its destination and then proceed directly to such destination and any motor carrier whose trip orig- inates within the City may travel by the most direct route to that point on a marked highway nearest to such point of origin." SECTION 16 .1 .14 (NEW) (Added by Ordinance No. 6-52): "Within ten (10) feet of the crosswalk at all in- tersections within the City of Dubuque." 'SECTION 16 .2 (Reenacted by Ordinance No. 44-51): "Except where angle parking is permitted and on one-way streets, every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right hand wheels of such vehicles parallel with and within eighteen inches (18II) of the right hand curb. On one-way streets vehicles may also be parked with the left hand wheels parallel with and within eight- een inches (18 II) of the left hand curb." SECTION 16 .3 (Reenacted by Ordinance No. 12-52): "Angle parking is permitted only on both sides of West Second Street from Iowa Street to Locust Street; the north side of West Sixth Street from Locust Street to Bluff Street; the east side of Bluff Street from West Sixth to West Seventh Street; the south side of West Seventh Street from Locust to Bluff Street. Upon such streets or parts of streets, vehicles shall be parked within the spaces indicated and with a front wheel of the vehicle against the curb. Vehicles having a greater length than 20 feet over all, shall not be permitted to park at an angle upon any street." SECTION 16 .28 (NEW) (Added by Ordinance No. 6-52): "The City Manager of the City of Dubuque is hereby authorized to designate not more than one parking space in each block within the area bounded on the south by Fourth Street and on the north by Loras Boulevard and on the east by White Street and on the west by Bluff Street, to be known as "re- stricted parking spaces," which parking spaces shall be large enough to accommodate the parking of one motor vehicle. When such restricted park- ing spaces have been so designated and suitable signs erected giving notice thereof, it shall be un- lawful to park any vehicle in any such space for a longer period than ten (10) minutes at any one time. For the purpose of this Section the word "block" as used herein, shall be interpreted to mean that part of the street which lies between cross streets." SECTION 16 .29 (NEW) (Added by Ordinance No. 12-52): "After signs have been erected giving notice thereof, it shall be unlawful to park any vehicle on Eighth Avenue between Central Avenue to Bluff Street during the period from 4 o'clock P.M. to 5:30 o'clock P.M., inclusive, of each day, except Sundays and holidays." SCHEDULE I (Reenacted by Ordinance No. 12-52): In accordance with Section 10.6 and when prop- erly signposted, traffic shall move only in the di- rection indicated upon the following streets or al- leys, or parts thereof: 1. Traffic shall move northerly only: a. In the alley between Iowa Street and Central Avenue from West Fourth Street to Loras Boulevard; b. In the alley between Locust Street and Main Street from Jones Street to West Twelfth Street; c. In the alley between Bluff Street and Locust Street from Eighth Avenue to West Tenth Street; d. On Iowa Street from West Fourth Street to Loras Boulevard. e. On Locust Street from West Fourth Street to Loras Boulevard. 2. Traffic shall move southerly only: a. In the alley between Central Avenue and White Street from East Fourteenth Street to East Fourth Street; b. In the alley between Main Street and Iowa Street from West Twelfth Street to West Second Street; c. On Bluff Street from Loras Boulevard to West Second Street; d. On Main Street from Loras Boulevard to West Fourth Street. SCHEDULE II (Section U reenacted by Ordinance No. 19-52 and new section W added by Ordinance No. 12-52) 39 "U. Iowa Street from the south line of Second Street to the south line of West Twelfth Street and from the north line of West Twelfth Street to the south line of Loras Boulevard." * * * * * * * * "W. Bluff Street from Loras Boulevard to the north line of West Twelfth Street, and from the south line of West Twelfth Street to Dodge Street." SCHEDULE III (Sections A and D reenacted by Ordinances No. 8-52 and No. 19-52): "A. Eastbound and westbound vehicles must stop before entering: Washington Street at East 29th Street; Elm Street at East 29th Street; Washington Street at East 16th Street." "D. Northbound vehicles must stop before en- tering: Second Street at Io=,va Street." SCHEDULE IV (following new sections added by Ordinances No. 46-51 and No. 21-52): "2.x Seminary Street from the northeast cor- ner of Avoca Street and Seminary Street to a point 600 feet east thereof.. y. Both sides of Thirteenth Street between Cen- tral Avenue and White Street. 3. For longer than 15 minutes upon the follow- ing streets: a. Both sides of Jones Street between Main Street and the Chicago, Milwaukee, St. Paul and Pacific Railroad Tracks." SCHEDULE VI (following new sections added by Ordinances No. 46-51, 52-51, 60-51, 6-52, 26- 52) : "ff. East side of Wartburg Place from Fremont Avenue to 385 Wartburg Place; Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance 40 88. hh. ii. JJ• kk. 11. mm. nn. oo. pp. qq• rr. ss. tt. No. 44-51 adopted 9/25/51; Published 9/28/51 No. 46-51 adopted 10/15/51; Published 10/18/51 No. 52-51 adopted 11/5/51; Published 11/9/51 No. 60-51 adopted 12/3/51; Published 12/10/51 No. 6-52 adopted 2/4/52; Published 2/8/52 No. 8-52 adopted 3/3/52; Published 3/10/52 No. 12-52 adopted 3/22/52; Published 3/31/52 No. 19-52 adopted 5/5/52; Published 5/9/52 No. 21-52 adopted 5/20/52; Published 5/23/52 No. 26-52 adopted 7/7/52; Published 7/11/52 Both sides of Wartburg Place from 385 Wartburg Place to the entrance to Sunset Ridge; The south side of University Avenue from the south line of McCormick Street to the north line of Algona Street; The east side of Algona Street for a dis- tance of three hundred (300) feet south from the south line of Campus Lane; The north side of Broadway from Diagonal Street to Gay Street; Both sides of Davis Avenue from a point 630 feet east on Windsor Avenue easterly to the entrance of Mt. Calvary Cemetery; The south side of Pickett Street from Cor- nell Street to Henion Street; Both sides of Cornell Street from the north line of Loras Boulevard northerly for a distance of 170 feet; Both sides of Montrose Street from the north line of Loras Boulevard northerly for a distance of 170 feet; The southeasterly side of Caledonia Street from Hill Street to Eighth Avenue; The south side of Bennett Street from Grandview Avenue to Algona Street; The north side of West Tenth Street from Locust Street to Bluff Street; The south side of East Twenty-first Street from Jackson Street to the Chicago, Great Western Railroad right-of-way: The southeasterly side of Lincoln Avenue from the Chicago, Great Western Railroad right-of-way to Kniest Street; Both sides of Eighth Avenue from a point 146 feet west of the west line of University Avenue to a point 206 feet west of the west line of University Avenue." CHAPTER XVII Buildings BUILDING CODE AMENDED by Ordinance No. 3 5- 52 Ordinance Na. 35-52 An Ordinance Providing for the Removal, Repair or Dismantling of Dangerous Buildings or Struc- tures and for the Assessment of the Cost There- of; and Repealing Sections 540 to 545 Inclusive of the Building Code. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. When the City Manager shall deter- mine that any building or structure within the City of Dubuque is dangerous to life or health because of its condition or manner of construction, he is hereby authorized and empowered to issue a notice describing the dangerous condition and directing that such condition be corrected or the building or structure dismantled within ten (10) days from the date of the issuance of such notice. Such notice shall be addressed to the owner of the property as shown by the County Auditor's tax rolls and may be served by Registered United States Mail ad- dressed to such owner at his last known address. In the event the owner of such property or his ad- dress is unknown to the City Manager after rea- sonable inquiry, an affidavit to that effect shall be executed by the City Manager and filed with the City Clerk and the notice provided for •herein may thereupon be served by posting a copy thereof on the building or structure affected. Section Z. Whenever such notice has been is- sued and has not been complied with, the City Manager shall report his findings to the City Council describing the condition complained of, the time and manner of the service of the notice, the description of the building or structure and the real estate upon which the same is situated, the name and address of the owner as shown by the tax rolls and stating his recommendations. Section 3. Upon receipt of the City Manager's report the City Council shall set a time and place for hearing thereon and direct the City Clerk to give notice of such hearing by publication at least once not less than ten (10) days prior to said hear- ing and by mailing a copy of such notice to the owner if his address be known. Said notice shall give the time and place of hearing on the City Manager's report and at such hearing, the owner of the property involved and all other interested parties shall be afforded an opportunity to appear and be heard. Section 4. If at said hearing the City Council shall find that said building or structure is dan- gerous to life, health or property, it may direct the City Manager to remove, repair or dismantle said building or structure and may assess the cost of such removal, repair or dismantling against the real estate in the manner provided by Section 4 of Chapter 151 of the Acts of the 54th General Assem- bly of Iowa. Section 5. The City Manager, or his properly authorized representatives are hereby authorized and empowered to enter upon any property in the City of Dubuque for the purposes of carrying out any order entered by the City Council in accord- ance with Section 4 hereof. Section 6. Sections 540 to 545 inclusive of the Building Code of the City of Dubuque are hereby repealed. Adopted 10/13/52 Published 10/16/52 41 CHAPTER XVIII Zoning and Platting Ordinance No. 57-51 (Trailer Ordinance) An Ordinance Amending Ordinance No.3-34 Enti- tled "The Zoning Ordinance of the City of Dubuque" by Adding New Subsections Thereto Defining "Trailers" and "Trailer Parks;" Providing Restrictions on the use of Premises for the Storage of Trailers and as Trailer Parks; and Providing a Penalty for the Viola- tion Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Article II, Section 4 of Ordi- nance No.3-34 entitled "The Zoning Ordinance of the City of Dubuque" is hereby amended by adding a new subsection (e) thereto as follows: "Art.II Section 4 (e): The storage of not more than one unoccupied trailer, as hereinafter de- fined, shall be considered a proper accessory use provided the same shall not be used for living quarters or business purposes while so parked." Section 2. That Article V, Section 1 of said Ordinance No.3-34 is hereby amended by adding new subsections (j) and (k) thereto as follows: "Art.V, Section 1 - (j) Trailer Parks provided the same are de- signed, constructed and maintained in accordance with Article IX hereof. (k) Trailer Sales Lots." Section 3. That Article VI, Section 1 of said Ordinance No.3-34 is hereby amended by adding a new subsection (23) thereto as follows: "Article VI Section 1 - (23) Trailer Parks except those designed, con- structed and maintained in accordance with Arti- cle IX hereof." Section 4. That Article VII Section 1 of said Or- dinance No.3-34 is hereby amended by adding thereto a new subsection (52) thereto as follows: "Article VII Section 1 - (52) Trailer Parks except those designed, con- structed and maintained in accordance with Arti- cle IX hereof." Section 5. That Article IX of said Ordinance No.3-34 is hereby amended by adding a new sub- section (v) thereto as follows: "Article IX (v) Trailer Parks. No premises shall be used for a Trailer Park unless and until the following conditions have been complied with: 1. The proprietor of such Trailer Park shall file with the Building Commissioner a plat of such proposed Trailer Park showing the following in- formation: (a) Location of sites for trailers. 42 (b) Location and number of sanitary conven- iences to be used by occupants of trailers. (c) Plan for electrical distribution of lights to trailers. 2. The actual use of such premises shall co. - form to such plat. 3. Each trailer park shall have erected there- on, at a distance not greater than two hundred (200) feet from any trailer site it is designed to serve, a suitable building for housing toilets and showers hereinafter required, which shall be provided with a floor of concrete or similar material impervious to water and properly drained. 4. There shall be provided and accessible at all times, separate toilet rooms for each sex. Each toilet room shall contain satisfactory lava- tories with hot and cold running water and toilets connected to the City sewer system. 5. Separate bathing facilities with hot and cold running water shall be provided for each sex with at least one shower head for every 15 persons. 6. Trailers shall be kept at least four (4) feet distant from any lot line, and ten feet from any trailer or other structure. 7. All other applicable ordinances of the City of Dubuque shall be complied with. 8. No premises shall be used for a Trailer Park unless and until a Certificate of Occupancy therefor has been issued. 9. The provisions of Article IX (a) shall not apply to use of premises as Trailer Parks." Section 6. That Article X of said Ordinance No.3-34 is hereby amended by adding thereto the following definitions: "Trailer. A Trailer is any vehicle or structure so designed and con. ....led in such manner as will permit occupancy thereof as sleeping quarters by one or more persons, or the conduct of any business or profession, occupation, or trade (or use as a selling or advertising device) and so designed that it is or may be mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by its own or other motive power, but the word "trailer" shall not be construed to include any standard model automo- bile body designed to accommodate six or less pas- sengers. Trailer Park. A Trailer Park is any lot, par- cel or tract of land designed, maintained or in- tended for the purpose of supplying a location or accommodations for any Trailer, or upon which any Trailer is parked and shall include all buildings used or intended for use as part of the equipment thereof whether charge is made for the use of the Trailer Park and its facilities or not. Trailer Sales Lot. A Trailer Sales Lot is any lot, parcel or tract of land on which unoccupied Trailers are parked for purpose of inspection and sale only." Section 7. This Ordinance shall be in full force and effect from June 15, 1952 and after its final passage, adoption and publicatio:. as by law pro- vided. Adopted December 3, 1951. Published December 7, 1951. Ordinance No. 47-51 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Ordinance No.3-34 so as to Change the Below Described Area from its Present Classification to Two Family Residence District Classifica- tion. Whereas the Planning and Zoning Commission has recommended to the City Council that the following described area be changed from its present classification to Two Family District Classification, to -wit: Lots 7 to 20 inclusive of Finleys Addition in the City of Dubuque, Iowa, including any or all subdi- visions of said lots; Now Therefore, ae it Cacdained by the City Council of the Ci::y of z) buque, Iowa: Se.-.!1-.a 1. That the Zoning Map and Ordinance do.3-34 known as the Zoning Ordinance be and the same is hereby amended by changing the above de- scribed area from its present classification to Two Family Residence District Classification. Adopted December 3, 1951. Published December 10, 1951. Ordinance No. 64-51 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Ordi- nance No. 3-34 so as to Change the Below De- scribed Area from Its Present Classification to Two Family Residence District Classification. Whereas the Planning and Zoning Commission has recommended to the City Council that the fol- lowing described area be changed from its present classification to Two Family District classifica- tion, to -wit: Lots 7 to 20, inclusive, of Finleys Ad- dition in the City of Dubuque, Iowa, including any or all subdivisions of said lots; and Whereas notice of such proposed change has been published as provided by law and an oppor- tunity afforded to all interested parties and citizens to be heard thereon at a public meeting held at 7:30 o'clock p.m. on the 7th day of January, 1952, at the Council Chambers in the City Hall; and Whereas no objections have been filed or made to the proposed change; Now Therefore Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Ordinance No. 3-34, known as the Zoning Ordinance, be and the same is hereby amended by changing the above described area from its present classification to Two Family Residence District classification. Adopted 1/7/52 Published 1/11/52 Joint Resolution No. 52-52 Regulating and Restricting the Height of Structures and Objects of Natural Growth and Otherwise Regulating the Use of Property in the Vicinity of the Dubuque Municipal Airport by Creating Air- port Approach and Turning Zones, and Estab- lishing the Boundaries Thereof and Height and Use Limitations Therein; Providing for Vari- ances from the Restrictions and Boundaries of Such Zones; Defining Certain Terms Used Here- in; Providing for Enforcement; Establishing a Board of Adjustment; and Imposing Penalties. In pursuance of the authority conferred by Chap- ters 329, 330 and 414 of the Code of Iowa, 1950, and amendments thereto and for the purpose of promoting the public health, safety and general welfare of the inhabitants of the City of Dubuque and the County of Dubuque, Iowa, by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Dubuque Municipal Airport and of oc- cupants of land and other persons in the vicinity thereof and preventing the destruction of impair- ment of the utility of said airport and the public investment therein. Be it Resolved by the Board of Supervisors of Dubuque County and by the City Council of the City of Dubuque: Article I. Short Title Section 1. This resolution shall be known and may be cited as the Dubuque Municipal Airport Zoning Resolution. Article II. Definitions Section 1. As used in this resolution, unless the context otherwise requires, certain terms and words shall be construed as provided in this Ar- ticle. Words used in the present tense shall in- clude the future and the singular shall include the plural and the plural shall include the singular. Section 2. "Airport" means the Dubuque Munic- ipal Airport and the lands embraced by the follow- ing description, to wit: Lot 1 of the Southeast Quarter of the Northwest Quarter, West one-half of the Northwest Quarter and the Southwest Quarter of Section 26; the North- east Quarter, the East one-half of the Northwest Quarter and the Southeast Quarter of Section 27; the Northeast Quarter of Section 34; Lot 1 of the Northwest Quarter of the Northwest Quarter, Lot 2 of the Northeast Quarter of the Northwest Quarter and Lot 1 of the Northeast Quarter of the North- west Quarter of Section 35 all in Township 88 North, Range 2 East of the 5th Principle Meridian. Section 3. "Airport Hazard" means any struc- ture, tree or use of land which obstructs the air space required for the flight of aircraft in landing or taking -off at the airport or is otherwise haz- ardous to such landing or taking -off of aircraft. Section 4. "Non -conforming" as applied to any structure, tree or use of land, means that which 13 does not conform to the regulations prescribed in this resolution or amendments thereto as of the ef- fective date thereof. Section 5. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver, assignee or other similar representative thereof. Section 6. "Structure" means any object con- structed, deposited or installed by man, including, but without limitation of the general meaning of said term, buildings, towers, smokestacks, over- head transmission lines and the supports therefor. Section 7. "Trees" means any object of natural growth. Section 8. "Horizontal surface" means a sur- face or plane 1230 feet above sea level. Section 9. "Obstruction" means any tangible, inanimate object, natural or artificial, protruding above the ground. Section 10. "Usable Landing Area" means that portion of the airport which is used or intended to be used for actual landings or take -offs of aircraft at the airport and described as follows: A strip of land 500 feet in width, 250 on each side of a cen- terline described as follows: Commencing at the North Quarter corner of Section 34, Township 80 north, Range 2 East, thence South 195.0 feet, thence East 555.5 to point of beginning, thence North 4,900,0 feet; said strip being the North -South land- ing strip together with a strip of land 500 feet in width, 250 feet on each side of a centerline de- scribed as follows: Commencing at the North Quarter corner of Section 34, Township 88 North, Range 2 East, thence East 3,648.4 feet, thence North 561.1 feet to point of beginning, thence North 45° 00 feet West 5,600.00 feet; said strip being the NW -SE landing strip. Section I1. "Board" means the Airport Zoning Board of Adjustment created by the provisions of Article VI of this resolution. Section 12. "Airport Reference Point" means that point from which the boundaries of the hori- zontal surface and the conical surface are meas- ured, said airport reference point being as follow- ing described: Starting at the North Quarter cor- ner of Section 34, Township 88 North, Range 2 East of the 5th P.M.; thence North 2,255.0 feet; thence East 1,365.0 feet to a point; said point being here- by designated as the airport reference point. Article III. Airport Zones Section 1. In order to carry out the purpose of this resolution, airport approach zones and turn- ing zones are created by this Article embracing the area in and around the boundaries of the air- port, which zones shall be as provided in this Ar- ticle. Section 2. Non -instrument approach zones are hereby established extending in a northerly direc- tion and in a southerly direction beginning 200 feet outward from the north end and the south end re- spectively, of the paved portion of the North -South runway as the same is now in place on the airport and designated as runway 18-36. Said North -South runway being 150 feet in width and with a center- line coincident with the centerline of the North- 44 South landing strip as the same is described in Article II, Section 10 of this resolution; and extend- ing in a northwesterly direction and in a south- easterly direction beginning 200 feet outward from the northwest end and the southeast end, respec- tively, of the paved portion of the northwest -south- east runway as the same is now in place on the air- port and designated as runway 13-31. Said north- west -southeast runway being 150 feet in width and with a centerline coincident with the centerline of the northwest -southeast landing strip as the same is described in Article II, Section 10 of this reso- lution. Such non -instrument approach zones shall be bounded on the ground by the following lines: (a) A straight line 200 feet outward from the run- way end, perpendicular to the extended centerline of said runway and extending a distance of 200 feet on each side of the extended centerline of the said runway, (b) a straight line at the opposite end of said zone 10,200 feet outward from the runway end, perpendicular to the extended centerline of said runway and extending a distance of 1,200 feet on each side of the extended centerline of the said runway, and (c) two straight lines connecting the ends of the aforesaid lines which extend to the same side of the projected centerline of said run- way. Section 3. Turning zones are hereby established containing all of the area bounded on the ground by a circular line, all points of which are 12,000 feet from the airport reference point. Article IV. Height Limitations Section 1. Except as otherwise provided in this resolution no structure or tree shall be erected, created, established, planted or allowed to grow in any zone, described in Article III of this resolution to a height in excess of the height limits estab- lished by this Article for the respective zones, nor shall any non -conforming structure or tree be so replaced, rebuilt, altered, allowed to grow higher, or replanted in any such zone as to extend to a greater height than the height thereof prior to such change or as to constitute a greater airport hazard than it was at the time of the adoption of the regu- lations herein contained or any amendments there- to. Section 2. No obstruction in a non -instrument approach zone shall project above a sloping plane beginning at the runway end of said zone and at an elevation identical to the elevation of the runway end at the centerline, and extending upward and out- ward therefrom to the outer end of said zone, ris- ing at the rate, of one foot vertically for each forty feet horizontally. Section 3. No obstruction in the turning zone shall project above the horizontal surface, conical surface or transitional surfaces, which surfaces comprise said turning zone and are described as follows: (a) the horizontal surface is a plane, cir- cular in shape, with an elevation of 1230 feet above sea level and bounded on all sides by a circular line, all points of which are 7,000 feet, measured horizontally, from the airport reference point, (b) the conical surface extends upward and outward from the periphery of the horizontal surface, ris- ing at a rate of one foot vertically for each 20 feet horizontally measured in a vertical planes passing through the airport reference point. The outside boundary of the conical surface is a circular line, all points of which are 12,000 feet, measured hori- zontally, from the airport reference point (c) the transitional surfaces are inclined planes sloping upward and outward to an intersection with the transitional surface or conical surface at the rate of one foot vertically for each seven feet hori- zontally, measured in vertical planes perpendicu- lar to the centerlines of the runways. The transi- tional surfaces, symmetrically located on each side of each runway, extend upward and outward from lines on either side of each runway, which are parallel to and level with the respective run- way centerlines and at a distance of 200 feet from said centerlines. Transitional surfaces also ex- tend upward and outward from the sides of all ap- proach zone surfaces as same are described in Section 2 of this Article. Section 4. In addition to the height limitations above provided, no obstruction shall project above the horizontal surfr.ce in any of the zones described in Article III of this resolution. Article V. Restrictions on Use of Land and Non -Conforming Uses Section 1. Notwithstanding any other provisions of this resolution, no use may be made of land in any of the zones described in Article III of this resolution, in such a manner as to create electrical interference with radio communications between aircraft and ground stations, make it difficult for operators of aircraft to distinguish between lights on the airport intended for aid in landing or taking - off thereat or in aerial navigation, and other lights, result in glare to the eyes of the operators ofair- craft using the airport, impair visibility in any of said zones or otherwise make hazardous the land- ing or taking -off of aircraft at the airport or the maneuvering of aircraft in connection with such landings or take -offs, provided, however, that the mere height of trees or structures on any land in said zones conforming to the height restrictions prescribed in Article IV of this resolution shall not constitute a use of land in violation of this sec- tion. Section 2. Non -conforming uses. The regula- tions prescribed in this resolution shall not be so construed as to require the removal, lowering, changing or altering of any non -conforming struc- ture or tree nor as to otherwise interfere with any non -conforming use of land nor as to require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this resolution and which is diligently prosecuted and completed within one year from the date there- of, provided, however, that the owner of any non- conforming structure or tree is hereby required to permit the city of Dubuque and Dubuque County or either of them, at the expense of such city or county to install, operate and maintain thereon such markers and lights as shall be deemed by such city or county to be necessary to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Article VI. Airport Zoning Board of Adjustment Section 1. An Airport Zoning Board of Adjust- ment is hereby established which shall consist of five members, two to be selected by the council of the city of Dubuque, two to be selected by the Board of Supervisors of Dubuque county and an ad- ditional member who shall act as Chairman of the Board to be selected by a majority vote of the members selected by the city of Dubuque and the county of Dubuque. The terms of the members of the Board shall be for five years except that when the Board shall first be created, of the members appointed by each municipality, one shall be ap- pointed for a term of two years and one for a term of four years. Section 2. The procedure and the conduct of the affairs of the Board shall be in accordance with the provisions of Section 414.9, Code of Iowa, 1950. Section 3. Appeals to the Board may be taken by any person aggrieved or by an officer, department, board or bureau of any municipality or political subdivision affected by any decision of any admini- strative officer acting under the terms and provi- sions of this resolution. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. Section 4. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of ap- peal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or prop- erty. In each case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the officer from whom the appeal is taken to the board and to the appellant and on due cause shown. Section 5. Powers. The Board of Adjustment shall have the following powers: (a) To hear and decide appeals where it is al- leged there is error in any order, requirement, decision or determination made by an administra- tive official in the enforcement of this resolution. (b) To authorize in specific cases such variances from the terms of this resolution as will not be contrary to the public interest, when the board shall find that owing to special conditions a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, if the variances are in harmony with the general purpose and intent of this resolution and Chapter 329 of the 1950 Code of Iowa and would do substantial justice. The board in allowing vari- ances may impose such reasonable conditions as it may deem necessary to effectuate the purposes of this resolution including the reservation of the right to the City of Dubuque and Dubuque County or either of them at the expense of such city or county to install, operate and maintain such mark- ers and lights as such city or county shall deem to be necessary to indicate to the operators of air- craft in the vicinity of the airport, the presence of an airport hazard. 45 Section 6. Every variation ranted or denied by the board shall be accompanies by a written finding of fact based upon sworn testirzony and evidence specifying the reasons for granting or denying the variation. Section 7. In exercising its ,,owers on appeal, the board may reverse or affairm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all of the powers of the officer from whom the appeal is taken. Section 8. The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination of any ad- ministrative official or to decide in favor of the ap- plicant on any matter on which it is required to pass under this resolution or to effect any varia- tion from the terms thereof. Section 9. Review of decisions of the Board of Adjustment shall be in accordance with Sections 414.15 to 414.19 inclusive of the 1950 Code of Iowa. Article VII. Enforcement Section 1. The regulations prescribed by this resolution shall be administered and enforced by the Airport Zoning Commission constituted by a joint resolution of the City of Dubuque, No. 90-51 enacted 3/5/51 and resolution by the Board of Supervisors of Dubuque County adopted 3/13/51. Such commission may select an Administrator of Airport Zoning Regulations to assist in the per- formance of its duties, none of whom shall be mem- bers of the Board of Adjustment. Section 2. Each violation of the regulations prescribed by this resolution or of any order or ruling promulgated hereunder shall constitute a misdemeanor and the perpetrator thereof upon conviction shall be punished by a fine of not to ex- ceed $100.00 or by imprisonment for a term not to exceed thirty days; and each day a violation con- tinues to exist shall constitute a separate offense. Article VIII. Conflicting Regulations Section 1. In the event of any conflict between the requirements of this resolution and any other regulations applicable to the same area, the more stringent limitation or regulation shall govern and prevail. Article IX. Severability Section 1. If any of the provisions of this reso- lution or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this resolution which can be given effect without the in- valid provision or application, and to this end, the provisions of this resolution are declared to be severable. Article X. Effective Date Section 1. This resolution shall be in full force and effect upon its passage by the City Council of the City of Dubuque and by the Board of Supervi- sors of Dubuque County and upon its publication as provided by law. 46 Adopted by the Board of Supervisors of Dubuque County, Iowa, 3/4/52. Adopted by the City Council of Dubuque, Iowa, 3/3/52. Published 3/14/52 Ordinance No. 13-52 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, Iowa, as Provided by Ordinance No. 3-34, Designated "Zoning Or- dinance of the City of Dubuque" so as to Provide Zoning Classification for the area recently an- nexed to the City. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed so as to include all of the area annexed to the City by Decree of the District Court of Iowa in and for Dubuque County dated February 7, 1952 in Equity Cause No. 33339, entitled City of Dubuque, Iowa vs. LeRoy Stoffel, et al; Section 2. That all of said area, except the por- tions described in Sections 3 and 4 hereof, is here- by classified and designated "Single Family Resi- dence District"; Section 3. That the following described areas are hereby classified and designated "Local Busi- ness Districts": (a) Commencing at a point on the northwest cor- ner of the intersection of Carter Road and Asbury Road northerly one hundred feet along the westerly edge of Carter Road, thence westerly five hundred and eighty-three feet (5831)- on a line parallel to and one hundred feet (100.1) northerly of the Asbury Road, thence southerly one hundred feet (100 0) to the northerly edge of Asbury R.cad, thence easterly five hundred and eighty-three feet (5831) along the northerly line of the Asbury Road to the point of be ginning. (b) Commencing at the northeasterly corner of Lot 2 of 1 of I of 1 of 1 of Lot 152 Finley, Waples and Burtons Addition, thence southwesterly along the southeasterly side of the Delhi Road a distance of three hundred and fifty feet (350 0), thence south- easterly at a right angle to the Delhi Road a dis- tance of one hundred feet (100 9, thence three hun- dred and fifty feet (350 9) northeasterly on a line parallel with Delhi Road to the easterly lot line of Lot 2 of 1 of 1 of 1 of 1 of Lot 152 Finley, Waples and Burtons Addition, thence northwesterly one hundred feet (100 9) to the place of beginning; (c) On the northerly side of the Delhi Road westerly from the intersection of Lenox Avenue and Delhi Road an area composed of Lots two to nine inclusive and lots forty-seven to fifty inclusive all in Lenox Addition. Section 4. That the following described area is hereby classified and designated "Business Dis- trict": Commencing at the westerly city limits line and the center line of U. S. Highway No. 20, thence south to a point two hundred and five feet (205 1) south of the center line of U. S. Highway No. 20, thence southeasterly along a line parallel to and two hundred and five feet (205 1) south of the center line of U. S. Highway No. 20 to the west line of Lot 1 o.f 2 of 1 of 1 of George Jecklin Farm, thence southwesterly along the west line of said Lot 1 of 2 of 1 of 1 of George Jecklin Farm for a distance one hundred and seventy-five feet (175'),thence southeasterly along a line three hundred and eighty feet (380 t) south of and parallel to the center line of U. S. Highway No. 20 for a distance of three hundred feet (3000), thence northerly along the easterly line of Lot 1 of 2 of 1 of 1 of George Jeck- lin Farm to the northeast corner of said Lot, thence easterly two hundred and five feet (205 1) south of and parallel to U. S. Highway No. 20 to the east line of Section 27, Township 89, North, Range 2, East, thence north along said Section line to the center line of U. S. Highway No. 20, thence northerly along said Section line a distance of two hundred and sixty feet (2601), thence westerly along a line two hundred and sixty feet (260 1) north of and parallel to U. S. Highway No. 20 to the wester- ly City Limits line, thence south along the wester- ly City Limits line two hundred and ninety feet (290 1) to the center line of U. S. Highway No. 20 to the point of beginning. Adopted 4/7/52 Published 4/14/52 Ordinance No. 24-52 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, Iowa, as Provided by Ordinance No. 3-3,4, so as to Change the Zoning Classification of the hereinafter described area lying in the vicinity of Garfield Avenue and Stanton Street from Light Industrial District to Two Family Residence District Classification. Now Therefore, Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the Zoning ,Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended as follows: The area described as all the present Light Industrial District between Garfield Avenue and the alley first easterly from Hamilton Street to Stanton Street; and the area be- tween Garfield Avenue and the C.M.St.P.&P.R.R. tracks to the east, from Stanton Street to Shiras Street; and the area from Shiras Street to Farragut Street, between the alley first westerly of Garfield Avenue and the C.M.St.P.&P.R.R. tracks, to the easterly side of Garfield Avenue, is changed to two Family Residence District Classification. Adopted 7/7/52 Published 7/1/52 Ordinance No.. 25-52 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, as Provided by Or- dinance No. 3-34, Designated "Zoning Ordi- nance of the City of Dubuque," so as to Change from Single Family Residence District to Two Family Residence District, the Hereinafter Described Area in the Vicinity of West Twenty- eighth Street and Broadway Street. Now Therefore, Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque, be and it is hereby amended and changed as follows: The area begin- ning at a point at the center line of West Twenty- eighth Street, one hundred feet westerly of the westerly line of Central Avenue, thence northerly along a line one hundred feet westerly and parallel to Central Avenue a distance of two hundred feet, thence westerly along a line two hundred feet northerly and parallel to West Twenty-eighth Street to its intersection with the center line of Davenport Street; thence northerly along the cen- ter line of Davenport Street to the center line of Sabula Street; thence westerly along the center line of Sabula Street to the center line of Musca- tine Street; thence southerly along the center line of Muscatine Street to the center line of Putnam Street; thence easterly along the center line of Putnam Street to the center line of Broadway Street; thence northerly along the center line of Broadway Street to a point two hundred feet south- erly of the center line of West Twenty-eighth Street; thence easterly along a line two hundred feet southerly and parallel to West Twenty-eighth Street to a point one hundred feet westerly of Cen- tral Avenue; thence northerly along aline one hundred feet westerly and parallel to the westerly line of Central Avenue a distance of two hundred feet to the center line of West Twenty-eighth Street the point of beginning, is hereby changed from single family district classification to two family residence district classification. Adopted 7/7/52 Published 7/11/52 Ordinance No. 32-52 An Ordinance Amending and Changing the Zoning Map and Zoning Ordinance of the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be amended by changing from local business district classifica- tion to business district classification the area bounded by Nevada Street, Booth Street, University Avenue and Forrest Lane. Adopted 9/2/52 Published 9/5/52 Ordinance No. 34-52 An Ordinance Amending the Zoning Map and Zoning Ordinance by Changing the Classification of Lot 5 in Hodge's Subdivision. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended by changing the classification of Lot 5 in Hodge's Subdivision from its present single family residence district classification to local business district classification. Passed 11/3/52 Published 11/10/52 47 TABLE OF CPECIAL ORDINANCES ADOPTED SINCE AUG. 10, 1951. Subject Date Ordinance Date Adopted Number Published Granting Donald R. Nank et al right to construct a 9/6/51 38-51 9/7/51 sanitary sewer Vacating alley first east of Col cord 9/17/51 40-51 9/20/51 Authorizing Sinclair Refining Co. to erect a fire- 9/17/51 41-51 9/20/51 wall in Terminal street and Railroad Ave. Issuing $ 131 ,000.00 Sanitation Fund Bonds 10/4/51 42-51 10/9/51 Authorizing Trausch Bakery to construct a load- 10/4/51 43-51 10/9/51 ing dock Vacating alley adjoining Lot 113 in Belmont Add. 12/3/51 48-51 12/10/51 Directing installation of sani-toilets on certain 11/13/51 53-51 11/19/51 property Directing installation of sans -toilets on certain 11/13/51 54-51 11/19/51 property Directing installation of sani-toilets on certain 11/13/51 55-51 11/19/51 . property Granting A.H. Bolte et al right to construct a san- 12/3/51 58-51 12/10/51 itary sewer Granting Henry A. Reelfs et al right to construct a 12/12/51 62-51 12/19/51 sanitary sewer Amending appropriation ordinance 12/20/51 67-51 12/21/51 Vacating alley lying first north of West 32nd st. 1/7/52 63-51 1/10/52 Vacating alley lying south of lots 45, 46 and 47 in 1/7/52 65-51 1/10/52. University Place Appropriation Ordinance 1/7/52 68-51 1/10/52 Authorizing the issuance of $167,000 Fire Station 2/4/52 3-52 2/12/52 Bonds Directing installation of Sanitary toilets 3/3/52 4-52 3/10/52 Granting American -Legion right to build loading 4/7/52 10-52 4/14/52 platform Granting Independent School District right to 4/7/52 14-52 4/18/52 construct a force main Granting Chester C. Schmitt right to construct a 5/5/52 18-52 5/9/52 sanitary sewer Conveying property to Dale Wiegand 8/14/52 27-52 8/19/52 Conveying property to Robert Kerth and Annette 8/14/52 28-52 8/19/52 Brimeyer Granting Lloyd C. Burkhart right to construct a 8/14/52 29-52 8/19/52 sanitary sewer Granting CMStP&P RR right to construct an in- 8/14/52 30-52 8/19/52 dustry track 48