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1945 February Council Proceedings discontinued business on January 25, 1945, presented and read. Councilman Thompson moved that the requests be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Wm. C. Tharp to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 90 and also to draw a warrant in the amount of $25.00 in favor of Wm. C. Tharp to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 116. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Moffatt, Counci men Murphy, Thompson, Van Due man, Wharton. Nays-None. 3 1945 Session, February 5th, Regular iI Coune {Official ity C 5th, Council met at 7:30 P. M. Present-Mayor Moffatt, Council- men Murphy, Van Duelman, Whar. ton, City Manager Rhomberg. Absent-Councilman Thompson. Mayor Moffatt stated that this is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as may pro- perly come before the meeting. Notice of Claim of S. G. Skaife as Administrator of the Estate of Jen- nie Skaife, Deceased, in the amount of $10,000.00 for damages on ac- count of personal injuries resulting in the death of Jennie Skaife, cansed in a fall on an icy crosswalk at the intersection of Kaufmann Avenue and North Main Street, pre- sented and read. Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Moffatt, Council- men Murphy, Van Duelman, Whar- ton. Nays-None. Absent-Councilman Thompson. Councilman Thompson entered the Council Chamber and took his seat at 7:35 P. M. Notice of Claim of Margaret Mueller in the amount of $200.00 for injuries sustained in a fall on an icy street at the bus stop between 24th and 25th Streets on Central A venue, presented and read. Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Wm. C. Tharp request- ing a refund in the amount of $100.00 on his Class "B" Beer Per- mit No. 90 and also requesting a re- fund in the amount of $25.00 on his Cigarette Permit No. 116 as he has Session, February Regular 1945. - 1945 Special Session, January 25th, 12 cilman Murphy. Carried by the fol- lowing vote: Yeas"':""'-Mayor Moffatt, Council men Murphy, Thompson, Van Duel man, Wharton. Nays-None. Councilman Thompson m 0 v e d that the Ordinance be placed on tile with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman MurphY. Carried by the following vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel man, Wharton. Nays-None. Petition of Mrs. Catherine Casutt et aI., residents in the vicinity of 16th and White Streets, requesting that the street light at the corner of 16th and White Streets be re- moved from the Northwest corner and replaced in its former position in the center of the intersection, presented and read. Councilman Murphy moved that the petition be referred to the City Manager to confer with the officials of the Interstate Power Company to make the best deal possible. Sec- onded by Councilman Wharton. Car- ried by the follOWing vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Catherine S. Lund- beck, referred to the City Council by the Board of Supervisors, re. questing suspension of the 1944 tax on Lot 11 of Cox's Addition and Lot 242 of Woodlawn Park, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and re- port. S e con d e d by Councilman Thompson. Carried by the following vote Counci Van Due Nays--None. City Solicitor Kintzinger sub- mitted verbal recommendation that the petition of Catherine S. Lund- beck, requesting suspension of the I 'j , :1 i !~ : I , Ii, I'" . Ii ~ I \ !: ii ii! I': i,i ILl I~I i,1 Iii 1 I ii 1'1 i ~ II I . ';1 'I Ii ii! I',' I " iii 'ii " ~!l Passed, adopted and approved this 25th day of January, 1945. W. W. MOFFATT, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, ALBERT WHARTON, Councilmen. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duelman. Carried by the fallowing vote Yeas-Mayor Mo1!att, Counci1~ men Murphy, Thompson, Van Duel- man, Wharton. J. J. SHEA, City Clerk. Attest Yeas-Mayor Moffatt men Murphy, Thompson, man, Wharton. .(.? '\"'" k' iNI ,~ ": There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lOWing vote 1946. 1946. Yeas-Mayor Moffatt, Counci men Murphy, Thompson, Van Due man, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved. Adopted ' Councilmen": Nays-None. SPECIAL ORDINANCE. Ordi. nance No. 1-46. An Ordinance granting to The Key City Gas Com- pany, its successors and assigns, the right to retain, extend, maintain and operate its existing gas distributing system in the City of Dubuque aud to lay and maintain its gas pipes and appurtenances thereto, in, un- der, through, across and upon streets, avenues, alleys, bridges, parks, highways and public places of said City and additions thereto for the period ot twenty-Ove (2fi) years and regulating the same; re- pealing all existing franchise ordi- nances heretofore granted to The Key City Gas Company and requir- ing the surrender of all rights there- under by the grantee therein; and providing for the submission of said Ordinance to a vote of the legal voters of said City for approval, pre- sented and read. City Clerk. Attest: Councilman Thompson m 0 v e d that the reading just had be consid- ered the tirst reading of the Ordi- nance. Seconded by Councilman Murphy. Carried by the following vote Councilman Thompson m 0 v e d that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- Yeas-Mayor Mo1!att, Counci men Murphy, Thompson, Van Due man, Wharton. Nays-None. 1.5 Resolution No. 7-46 Whereas, Applications for Class "B" Beer Permits have beeD sub- mitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the CouncU of the City of DUbuque that the follow- ing applications be granted and lhe licenses are to be tssued upon the compliance with the terms of the ordinances of this City. 1945 Regular Session, February 5th, PERMIT Address West 6th CLASS "B' Name William E. Briggs, Street. Melvin, Anita and George Mc:Qon- ough, 305 Eighth Avenue. Martin A. Miller and Sophie Mil- ler, 431 Rhomberg Avenue. Passed, adopted and approved this 5th day of February, 1945. W. W. MOFFATT 127 property Mineral Lots 123 and 128, then being subdivided into thirty building lots and now known as Sunset Ridge; and Whereas, Said agreement, record- ed in Book 122, page 521, in the of- flce of the Dubuque County Record- er, provided that until the several 16ts become users of water an in- terest charge of $5.00 per annum for each nOD-water using lot was to be paid to the City of Dubuque by Harriet D. Guthrie, her heirs, exec- utors, administrators and assigns, and provided further that Harriet D. Guthrie had the right and privilege at any time to repay to the City of Dubuque the original outlay for the laying of said water mains, which was $2,493.30, and thereby discharge the obligation to pay any further interest; and , 1945 of Platt Street; thence due east on the center line of Platt Street and on the prolongation of center Une of Platt Street extended to the easterly line of Out Lot 732; thence northerly on the easterly line of Out Lot 732 to the point of begin. ning. Respectfully submitted, R. V. McKAY, Secretary, Dubuque Planning and Zoning Commission. Councilman Wharton moved that the recommendation of the Planning and Zoning Commission be received and the City Solicitor instructed to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the follOWing vote: Yeas-Mayor Mo:l'l'att, Counci: men Murphy, Thompson, Van Due! man, Wharton. Nays-None. Session, February 5th, 1944 tax on Lot 11 of Cox's Addition and Lot 242 of Woodlawn Park, be approved. Councilman Thompson m 0 v e d that the verbal recommendation of City Solicitor Kintzinger upon the petition of Catherine S. Lundbeck, be approved, and the Board of. Su- pervisors to be notified of the ac- tion of the City Council. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Moffatt, Counct: men Murphy, Thompson, Van Due' man, Wharton. Nays-None. Council Proceedings for the month of December, 1944, presented for approval. Councilman Murphy moved that the Council Proceedings for the month of December, 1944, be ap- proved as printed. Seconded by Councilman Van Duelman. Carried by the following vote: Regular 14 Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Moffatt, Counci: men Murphy, Thompson, Van Due man, Wharton. Nays-None. Resolution No. 8-45 Whereas, Heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, The premises to be oc- cupied by such applicants have beeD inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plieants a Beer Permit: Whereas, The sum of $1,221.67 has been paid to the City on this contract and four homes on the tract are users of water and addi- tional home building is in prospect in the post-war period; and Whereas, The obligation to pay interest is a deterrent to the acqui- sition of desirable home-sites for post-war construction; Now, There- fore Passed, adopted and approved this 5th day of February, 1945. W. W. MOFFATT, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, ALBERT WHARTON, Councilmen. PERMIT Address West 6th McDon- I , , I I I : I I ' I I I i, , i, i;: 'i , ii: i'; ! I ~ Ii , "I..i'i. ;111 Ii I:! ".Ii I" .,i 1,1' 1'1 '1,.1' i 11.11 I !I I' !I II, II!I 'I'" 'II " I, I i. I!' , Be It Resolved by the City Coun- cil of the City of Dubuque that it is deemed advisable to ettect a com- promise and to release and dis- charge the lieD upon the payment of Three Hundred Dollars to the City by the heirs of Harriet D. Guthrie, and the Mayor and Clerk are here- by directed to execute said release on behalf of the City of Dubuque. February 5, 1945. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: About nineteen years ago, an agreement was made by the City with Harriet D. Guthrie provid- ing for water mains in Sunset Ridge. In the public interest, it ia advisable to terminate this contract and thereby make this area more readily available for post-war home sites. I recommend the adoption of the attached resolution, which termin- ates the contract by means of a compromise payment to the City of $300.00. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec. onded by Councilman Van Duelman. Carried by the follOWing vote: Yeas-Mayor Moffatt, Council men Murphy, Thompson, Van Duel man, Wharton. Nays-None. Yeas-Mayor Moffatt, Council: men Murphy, Thompson, Van Duel man, Wharton. Nays-None. February 3, 1945. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Theo. Karigan, 804 West Third Street, who recently purchased the former Peter McCar- thy property at this address, peti- tioned the Planning and Zoning Commission on Jauary 30, 1945, to have a nearby Multiple Residence District extended to include bis property. A studY of the situation showed a trend toward Multiple Residence usage as a means of util- izing some of the older large homes in the area, and the Planning and Zoning Commission decided to rec- ommend a change. Thus, the Planning and Zoning Commission wishes to recommend .. ~ Body that the lsidence District oe extended be- CLASS "B' Name William E. Briggs, Street. Melvin, Anita and George ough, 306 Eighth Avenue. 127 J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- rieq by the following vote: Yeas-Mayor Moffatt, Council- men Murphy, ThofllPson. Van Duel- man, Wharton. Nays-None. Attest S'. ~~: ~tj~1 1M. Resolution No. 6--45 Whereas, On the 26th day of Octo- ber, 1925, the City of Dubuque, by the Mayor and Clerk, as directed by the City Council, entered into. an agreement with Harriet D. Guthrie providing for the extension of water mains in Wartburg Street souther. ly from Lull Street and into her to your Honorab..,<> Multiple ginning at the intersection of the easterly line of Out Lot 732 and the southerly line ot West Third Street, thence westerly on the southerly side of, West Third Street to the easterly line of Ja,mes Street; thence sOlltherly on the easterly line of James Street to the center Une present on Carditt Street t 7 granted to The Key City Gas Com- pany, its successors and assigns, hereinafter called the Company. to retain, extend, maintain and operate its present gas distributing system and to lay and maintain Its gas pipes and appurtenances thereto, in, under, through. across, along and upon the lltreets. avenues. alleys, bridges, parks, highways and public Ph..c8s of the City of Dubuque and additions thereto for 4. period of twenty-five (251 years tollowing the fulfUlment of Section XVIII hereof. Section I In consideration of the rights grant. ed tn the first section hereof. the said Company agrees and binds itself. whenever required by applicants in good faith. to furnish a good and suf- ficient supply or merchantable gas tor tllumtnating, cooking, heating or power purposes to the City of Du- buque and to inhabitants thereof, In all cases where the buildings to be supplied are equipped for the use of gas Rnd situated on or along the tine 'If the streets or alleys in which the gas pipes of said Company are laid. also, in all such ca..~es. when~ ever requIred to make the usual meter connections necessary to sup- nly buildings situated as aforesaid with gas tor the purposes herein specified: the expense at furnishing the consumer with proper meters. meter connections and service pipes to the property line to be borne by said Company. The Company also to make. from time to time such exten- sions and additions to its gas mains as may be reasonably required by the City Council of said City, but In no event to any greater extent than is provided for in this ordinance. Section III. ft ts further provided and agreed that the heating value of manufac- hIred Kas supplied and distributed under this grant shall lie maintained at a minimum of 560 British Thermal Unitl> per cubic foot of gas, which heating value shall not drop below this l>tandarrl for more than three consecutive days and not more than six days in anyone calendar month, unless the City Council shall by resolution permit the supplying of gas of a lower heatin~ value. It is further provided and Itgreed that the minimum pressure of manufactured gas supplied and distributed under thi~ grant shaH he maintained at three (~1") inches of water column at any part of the distrihutlon "ys- tern. As evidence of the malnten- ancp. of such pressure an accurate reeording pressure gauge located on Main Street hetween Sixth and Sev- enth Streets shall ",how a minimum pressure of five (5") inches of water column. The City Council express- ly reSf'rVes the right to make tests from time to time to ascertain the quantity, quality and pressure of the gas furnished and the Company shall furnish the City. or any officer emplOyed by it for that purpose, full access to its plant and whatever assistance may he necessary to properly make such tests. Section IV. the effective date of this in service shall he sys- tested with a meter Meters at ordinance tematically In consideration of the faithful per- tormance and observance ot the con- ditions and reservations hereinafter specified, the right be and is hereby I"fl~. " Ira, 1945 same are hereby declared to be under the exclusive charge and control of the Board of Dock Com- missioners of the City of Dubuque, said Board to have exclusive charge and control of the building, rebuild- ing, alteration, repairing, operation and leasing of said property and every part thereof, including all streets, parts of streets and alleys located within said area which have been heretofore vacated. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote Council- Van Duel- Nays~None. Councilman Wharton moved that the Ordinance providing for the vacation of Tower Street northerly of Commercial Street, as re-located: Bell Street northerly of Commercial Street., as re-located; Market Street northerly of Commercial Street, as re-Iocated; Diagonal Street; River Street easterly from the easterly line of Commercial Street, as re- located; the Alley first north of River Street; placing such vacated streets and alleys under the exclu- sive charge and control of the Board of Dock Commissioners of the City of Dubuque, and declaring an em- ergency, be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Murphy. Car~ ried by the following vote Yeas~Mayor Moffatt, Council men Murphy, Thompson, Van Duel man, Wharton. Nays-None. Couoncilman Wharton moved that the Ordinance providing for the vacation of a portion of Commer- cial Street, as re-located, in accord- ance with the Plat attached hereto. ~ 1945 Session, February 5th, and declaring an emergency, be re- ferred to the Planning and Zoning Commission for their recommenda. tion and report. Seconded by Coun- cilman Murphy. Carried by the fol~ lowing vote: SPECIAL ORDINANCE. ORDI. NANCE NO. 1~45. An Ordinance granting to The Key City Gas Com- pany, its successor5 and assigns, the right to retain, extend, maintam and operate its existing gas dis~ tributing system in the City of Du~ buque and to lay and maintain its gas pipes and appurtenances there- to, in, under, through, across and upon streets, avenues, alleys, bridges, parks, highways, and pub- lic places of said City and additions thereto for the period of twenty-five (25) years and regulating the same; repealing all existing franchise ordi- nances heretofore granted to The Key City Gas Company and requir- ing the surrender of all rights there- under by the grantee therein; and providing for the submission of said Ordinance to a vote of the legal voters of said City for aproval, said Ordinance having been passed upon first reading on January 25th, 1945, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented and read on final adoption. Council- Van Duel. SPECIAL ORDINANCE Ordinance No. 1-45. An Ordinance grantlng 'to The Key City Gas Company, its successors and assigns. the right to retain, extend, maintain and operate Its existing gas distributing system In the City of Dubuque and to lay and maintain its gas pipes and appurtenances thereto, in. under. through. across and upon streets, avenues, alleys, bridges, parks, highways, and public places of said City and additions thereto for the period of twenty-five (25) years and regulating the same; re- pealing all existing franchise ordI- nanceJ-: h~retofore granted to The Key City Gas Company and requiring the sUlTender of all rights thereunder by the grantee therein; and providing for the submission of said Ordinance to a vote of the legal voters 0'- sa.ld City for a.pprova1. Be it ordained by the City Counci of the City of Dubuque: Section I. Be It Resolved by the Council of the City of Dubuque that the Lots and lands described in the Preamble hereof and the use, improvement, and development thereof be and the I, 1 I I I !: 1 1 , , ! Iii ..1;1, .1'1 ! II I' \' il:ll Regular Yeas-Mayor Moffatt men Murphy, Thompson, man, Wharton. Passed, adopted and approved this 5th day of February, 1945. W. W. MOFFATT, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, ALBERT WHARTON, Councilmen. J. J. SHEA, City Clerk. Yeas-Mayor Moffatt men Murphy. Thompson, man, Wharton. Session, February 5th, Attest Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Ca.r- ried by the following vote: Moffatt. Council. Van Duel. Resolution No. 9-45 Whereas, The City of DUbuque has legal title to Lots 1 to 7, both included in Block 2; Lots 5 to 10, both included, in Block 1; Lots 13 to 24, both included, in Block 8; Lots 1 to 24, both included, in Block 7; Lots 20 to 38, both included, in Block 9; Lots 1 to 38, both included, in Block 10; Lots 1, 2, 3, 4 and 16, in Block 13, all in Dubuque Harbor Improvement Company's Addition; and Lot 2 of Standard Lumber Com- pany's Addition; and Whereas, Such lots constitute a tract of land contiguous to the River Front which has been developed and improved by the Board of Dock Commissioners pursuant to its gen- eral plan for the improvement of River Front and wharf property and Whereas, It is deemed necessary and advisable by this Council and for the best interests of the City of Dubuque and its inhabitants to place said Lots and the use, im- provement and development of them under the exclusive charge and con- trol of said Board of Dock Com- missioners; Now, Therefore, Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of February, 1945. Mi W. W. MOFFATT, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, ALBERT WHARTON, Councilmen. Martin A. Miller and Sophie ler, 431 Rhomberg Avenue. J. J. SHEA, City Clerk. Y eas- Mayor men Murphy, Thompson, man, Wharton. NaY5-None. Regular Attest 16 19 Section XIV As soon as practicable hereafter and thereafter during tho term of this grant and In consideration therefor, the Company shall have prepared reasonable rules and regulationl:J not inconsistent with the provisions of thls Ordinance with reference to ex- tensions of its distributiag system which rules and regulations shall have a uniform application throughout the City and a copy of which shall be lllaced and kept on file with the City Clerk Section XV. The distributing system or any part thereof of !"aid Company now be- ing operated by it or which may bo horeafter Installed shall not be aban~ noned or discontinued t!xcept with the consent of the City Council. In the event of any failure on the part of the Company to I'ender the ga;; service to the City of Dubuque and the inhabitants thereof as con- templated and provided by this Or- i1inance when such failure is not due to causes beyond the reasonable con- trol of the Company, the City Council Bhall have the right, on reasonable notice to the Company, to declare this Ordinance and the rights and fran- chises granted thereunder forfeited. Section X V In the event natural gas becomes available so that the Company de- sires to supply and distrihute the same either in its natural composi- tion or mixed with manufactured gas, then, and in that event, the Company hereby agrees, at its own E'xpense, to make all necessary changes and adjustments. including all labor and materials, in all domes- tie and commercial customer:;!' appli- ancef' which can be reasonably chang- eu find adjusted to the end that such a!lpliances may properly and effect- ively utili..:e the gas so furnished. In the event the Company elects to supply natural gas mixed with man- ufactured gas the said mixed gas shall he supplied at a minimum of 800 British Thermal Units per cubic foot, which heating value shall not drop below this standard for more than three consecutive 1a;rs and not more than six days in anyone calen- dar month, unless the City Council ~hall by resolution permit the supply- ing of said mixed gas of a lower heat- ing value. Section XVII. Thts Ordinance, when duly ratified by the ejectors of the r'Jity of Du- buque Iowa, and accepted by The Key City Gas Company, shall be con- stru~d to have the force and effect of a contract between the City of Du- buque and .mid Company !tnd to be mutually binding on both parties and it is understood and agr~ed by and between the said City M Dubuque and said Company that upon the tak. ing effect of this Ordinanee all fran- phise right!'! Rnd privileges granted theretofore by the City of Dubuque to any gas cumpany, person, firm or corporation, and theretofore owned or held by the said Key City Gas Com- pany, or in which said Company has or had an interest, shall terminate as of that date 1945 5th, Session, February first of each year to show all new installations, additions, extensions and removals of mains. Section XI The Company shall at all times cause its pipes and appliances to conform with established street grades, either as they now are or as they may be hereafter changed. Whenever the City shall determine to construct, repair oe improve in any manner, any street in the City, tn or across which pipes or appliances or the Company are laid, making it necessary to lower, elevate, change, remove or relay any such pipe or ap- pliance in order that such public Im- provement may be constructed, the Company shal!, at its own expense, make such alterations, hnd the de- dfOion of the City Council as to the necessity of such alteration or remov. al shall be final; provided, however, that a reasonable notiee or the in- tention of the Council in this respect and the work required to be done shall be given the Company. Section XII. The Company shalt install a service pipe to the property line fo!' all build- ings on the linei'l of its mains, provid- ed written application is made by the consumer agreeing to use gas. Said Company shall also extend its mains into any street or territory provided it can obtain one consumer or gas for every eighty (80) feet of such ex- tensiolJ. flut the Company shall not be oiJliged to extend its mains "' above .provided unless written applf- cation " made by the prospective consumers agreeing to commence the use of gas as soon as the mains are 1'0 extended and the service pipes are laid into the property line. Section XIII, Whenever an application for an ex- tensiOll of its distributing system into unimproved territory is made to said Company the extension, including serVIce pipes to the lot lines, shall be made by said Company proviiled that the cost thereof shall be paid by the applicant therefor, an estimate of such cost being furnished the appli- cant by the Company. When the prop- erty abutting such extension is im- proved and there is a consumption of gas through the service pipes con- stituting a part thereof, such appli- ('ant shall be entitled during the peri- od of seven (7) years following the making of such extension, to a ee- fund, at the end of each year, of all sums received by the Company roe gas sold and delivered through said service pipes during the preceding year; provided, however, that in no CB.fle shull the total alllount of such refunds exceed the sum of $5.00 pee one thousand (1000) cubic feet of av- erage annual gas sales through said service pipes, nor exceed the amount rece1ved hy the COmPli'lY foe the making of such extension. Should said Company fail or refuse to make such extension, the conditions provided fOT in this secti~n having been complied with. the City Council by resolution may order said Company to make same. Regular li\_ rd, ',_ 1945 pense thereof to the Company. In cnse any suit OT action'- at law be commonced against the City of Dubuque upon any claim for dam- ages ~lrising out of any loss, injury or damage, charg~d to have been caused bv any obstruction or excava- tion in ;ny street, alley, sidewalk or public place in said City. and which obstruction or excavation was made or left in, under, or upon such street, sidewalk, alley or publiC place by said Company, its agents or em- ployee~, llpon heing notified by said City of such action or pTO-ceedlng, said Company shall appear and make proper defense thereto; and if any judg-ment or decree shall in any such case he rf'ndered against the City therein, said Company herehy agrees to assume and pay l'uch iudgment or decree. with the costs thereof. Section VIII. The said Company agreei'l that it will at alI times comply with any and all rules and reg-ulations which the City Council of the City of Du. huque m!1)' make applying to thB puhlic g-enerally with reference to the removal or replacement of pave- ments and to excavation in the streeti>. and to uses of the streets, IJOt Inl'on"i.<;tent with their use for the purposes contemplated in this Ordinance. The Company shall in- demnify aod hold the City harmless at all times during' the term of this g-rant from and ag-ainst all claims for injury or damage to persons or property causer] hy the confltruction. erection. operation or maintenance of any .<<trueture. appliance, equip. ment or product.<; authorized or Ufled pursuant to authority of this ordi- nance The C1ty shall pass suitahle ordi- nance", as may he necessary pro- tectln;~ the Company and it.<; prop- erty against .....aste and unlawful use of g-as, and the Company through duly authorized employees is herebY Il.uthorized to enter the premises nf its customers at all proper times for the pnrpose of reading meters, discollnecting customers, inspecting pipes and all other gas appliances and for determining: the use of such gas hy .<;uch customers. Section IX. Refore the work of tearing Ill, or eXca vating in streets or public places is hegun for the purpose of laying gas pines. said Company shall file with the City Engineer an applica- tion showing the streets or public places where the proposed work is to be done and said Engineer shall thereupon. without unnecessary de- lay. assign the location for such pipes in such ..treet or public place, and the Company in laying its pipes in su(~h street or pubHc place. shall follow such IOClltion. No excavating for the laying of pipe shan be done until a location is assigned as here- in provided Section X. The said Company shall. at Its own expense, nlace and maintain on file in th-3 office of the City Engineer, a complete and accurate map showing the size and location of all mains now in the streets, alleys and public places of said City and private Rights of vVay. and such map shall be correct- ed anti amended on or before January ~ '1 I .,.:1 1::'1: I:,' "I' 'I' III ' 'I'.'," .'1, l'i,1 , J. 'I. ".": I." " II; , , 'II' , i'i' III: , "".1,'1 ' I, 1,:1 !I111 IIII 1:1'1 'II , 1:-: " Regular Session, February 5th prover and compared with an accu- rately calibrated standard test me. ter and adjusted to register within two per cent (2%) of accuracy in such aumbers so that within each five year period from and after the effective date of this ordinance all meters ill service will have been tested and/or recalibrated. However, the City Council may by resolution extend the period for such tests, SectIon V. The prIce of gas furnisnea to the City for public ltg-hUng, for lighUllg pul,Jic t,uildings and for other pub- lic purposes, and also the price of J;as furnished to private consumers shall he subject to the control anrl regulation of the City Council of the City of Dubuque; provided. that such price;;; or rates shall be reason- ahle and compensatory and shall not be so fixed until after reasonable notice to said Company of the in- tention of the City Council to exer- cise the right to fix the same; and further provided that the control and regulation of prices and rates shall be subject to any statute rela- tive thereto now or hereafter en- acted Section V For the purpose of keeping the City Council informed us to the net earnings of said Company in all its deparl mellts and from all sources the Company agrees that on or be* fore the thirty-first day of each May it wiil file with the City Coun- cil a report showing the revenues, expenses and chl'trges in sufficient detail for reasonable examination and determination thereof and bal. ance sheet. property account with additions and retirements in the same detail as furnished the State Tax Commission for the preceding calendar year. Upon request of the Council a similar statement will be supplied any .ruly for the preceding six months. 'Vhenevl~r any controversy arises over the question of adjusting or fix- ing rates and prices or in any pro- ceeding for that purpose the Com. pany shall afford the Council or any person or persons authorized or em- ployed by ft, free access to the books and records of the Company re- quired to establish the adequacy or inadequacy of the rates then in ef- fect Or proposed. Section VI in making excavations In streets, alleys or other public places for the purpose of renewing. extending or repairing gas pipes, said Company shall proceed wii h such work so as to cause the least possible incon- venience to the pubiic. While the work is under construction the Com. pany shall properly guard and pro- tect such obstructions which it may cause to be made in the streets, sidewalks and pUblic places by plac- ing at or near the same suitable barriers. guards or lights. After the work has been completed the Com- pany shall replace the streets and sidewalks and puhlic places which it has torn up or disturbed and leave the same In substantially the same conditions they were in be- fore and remove all surplus ma- terials at once. Should the Company fail or refuse to do and perform the things herein provided, the City may perform them and charge the ex. 18 I I , I I 21 1945 Special Session, February 5th, Health Board of (Official 5th, Board met at 8:25 P. M. Present - Chairman W. W. Mof- fatt, Messrs. Geo. M. Murphy, F. W. Thompson, Frank Van Duelman, Albert Wharton. Dr. C. C. Lytle, Health Director, addressed the Board of Health and discussed at some length the mat- ter of the retail sale and disposal of meats and meat products within the City of Dubuque. Mr. Albert Wharton moved that the matter with reference to the re- tail sale and disposal of meats and meat products within the City of Du- buque be referred to the City So- licitor to submit a report back to the Board of Health at the next meeting. Seconded by Mr. Geo. R. Murphy. Carried by the following vote men Murphy, Thompson, Van Duel man, Wharton. Nays-None. J. J, SHEA. City Clerk. Approved .1945. Adopted ." ........1945. ..................... ....................., Councilmen ..................., ................... ................... Attest City Clerk. 1945 Session, February 5th, Regular 20 February Session, Special 1945. question YES Yeas-Chairman W. W. Moffatt, Messrs. Geo. R. Murphy, F. "'~. Thompson, Frank Van Duelman, Al- bert Wharton. I Nays-None. There being no further business, Mr. Frank Van Duelman moved that the Board of Health meeting adjourn. Seconded by Mr. F. W. Thompson. Carried by the follow- ing vote Yeas-Chairman W. W. Moffatt, Messrs. Geo. R. Murphy, F. W. .Thompson, Frank Van Duelman, Al- bert Wharton. Nays-None. 1945. 1945. Health. Healtn. At such election on this the form of ballot shall be: Shall the following public measure he adopted. Board or J. J. SHEA, Clerk, Board of r I I j I l Clerk Members of Board of Health Approved Adopted Attest .. ~.., .....) ',].;. ~ Attes (Seal Published in The Telegraph- Herald newspaper on March 2nd, March 9th, March 16th, and March 23rd, 1945. Councilman Thompson moved the adoption of the Ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Moffatt, Council- men Murphy, Thompson, Van Duel. man, Wharton. Nays-None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the fOllowing vote: Yeas-Mayor Moffatt, Counci Section XVIII. This Ordinance shall take effect and be in force from and after Its passa,ge by the City Council, its ap- proval and ratification by the legal voters of the City of Dubuque and the acceptance of Its terms by the grantee or Its assigns in writing and its publication In The Telegraph~ Herald, the official newspaper of the City of Dubuque. The question whether this Ordl~ nance shall be approved and the fore- going franchise take effect shall be submitted to the legal voters of the Cit;}' of Dubuque to be voted on at a special election to be held on the 2nd day of April, 1945. NO "Shall The Key City Gas Company, its successors and assigns, be granted the right to retain. extend, maintain, and operate Its exlstin!; gas distribution system aud to lay and maintain its gas pipes and ap~ purtenances thereto, in. under, through, across, along and upon the strects, alleys, avenues, bridges, narks, highways, and public places i.n the City of Dubuque :lnd addi- tions thereto for a period of twen- ty-five (25) years as provided aud upon the terms and conditions stat- ed In the ordinance adopted by the City Council on [<~ebruary 5th, 1945, a copy of which Is prInted hereon.... Passed by the City Council upon f1r8t reading January ::!5th, 1945. Passed by the City Council upon final reading B~ebruary 5th, 1945. W. W. MOFFATT. Mayor. F. W. THOMPSO:-.J. FRANK VAN DUELMAN. GEO. R. MURPHY. ALBERT WHARTO~. Councilmen. J. J. SHEA. City Clerk of the City of Dubuque , , I'